The URL can be used to link to this page

Home My WebLink About2004 Annual Town Meeting Warrant-FCFinal Town of Nantucket 2004 Annual Town Meeting 7:00 PM, Monday, April 12, 2004 Nantucket High School Page i 2004 Annual Town Meeting Warrant with Finance Committee Recommendations Town of Nantucket 16 Broad Street Nantucket, MA 02554 508-228-7255 www.nantucket-ma.gov BOARD OF SELECTMEN Robert F. Murphy, Chairman Francis T. Spriggs, Vice-Chairman Timothy M. Soverino Matthew G. Fee Bruce L. Watts FINANCE COMMITTEE Philip D. Bartlett, Chairman John W. Atherton, Jr., Vice-Chairman Penny Dey Gregory Keltz Bruce D. Miller T. Channing Moore Robert Schwarzenbach Richard Sykes Cover Photograph by Rob Benchley Page ii 2004 Annual Town Meeting Warrant with Finance Committee Recommendations 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 Page iii 2004 Annual Town Meeting Warrant with Finance Committee Recommendations TOWN OF NANTUCKET 2004 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 1 Receipt of Reports 1 2 Appropriation: Unpaid Bills 1 3 Appropriation: Prior Year Articles 1 4 Revolving Accounts: Annual Authorization 1 5 Appropriation: Reserve Fund 2 6 Fiscal Year 2004 General Fund Budget Transfers 2 7 Personnel Compensation Plans for FY 2005 3 8 Appropriation: FY 2005 General Fund Operating Budget 7 9 Appropriation: Health and Human Services 9 10 Appropriation: General Fund Capital Expenditures 10 11 Appropriation Ambulance Reserve Fund 11 12 Appropriation: FY 2005 Enterprise Funds Operations 12 13 Appropriation: Enterprise Funds Capital Expenditures 13 14 Fiscal Year 2004 Enterprise Fund Budget Transfers 14 15 Appropriation: County Assessment 14 16 Appropriation: Finalizing Fiscal Year 2005 County Budget 14 17 Appropriation: Sanford Fund 15 18 Appropriation: Chapter 90 Roadwork 15 19 Appropriation: Ferry Embarkation Fee 15 20 Appropriation: Line of Credit for Landfill Closure 16 21 Appropriation: Community Preservation Committee 16 22 Appropriation: Improvements to Private Way/Brinda Lane 20 23 General Bylaw: Nantucket Housing Needs Covenant Program 20 24 Zoning: Adoption of Official GIS Zoning Map 26 25 Zoning: Establishment of ‘Sconset Residential-10 Zoning District 26 26 Zoning: Zoning Map Change, SR-10 Zoning District 28 27 Zoning: Multi-Family Overlay District/Reade 29 28 Zoning: Expansion of Town Overlay District – Field, Folger Ave 30 29 Zoning: Zoning Map Change – Field, Folger Ave/Williams 32 30 Zoning: Zoning Map Change – Field, Folger Ave/Haigh-Trodden 34 31 Zoning: Zoning Map Change – Bartlett Farm Road 36 32 Zoning: Zoning Map Change – Bartlett Farm Road/Long 36 33 Zoning: Zoning Map Change – Macys Lane/Conlon 37 Page iv 2004 Annual Town Meeting Warrant with Finance Committee Recommendations TOWN OF NANTUCKET 2004 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 34 Zoning: Zoning Map Change – New Lane/Keith 37 35 Zoning: Intensity of Development/Kaschuluk 38 36 Zoning: Subdivision of Secondary Dwellings for Year-round Housing 38 37 Zoning: Mixed-Income Residential Development/Loftin 42 38 Zoning: Major Commercial Developments/Loftin 45 39 Zoning: Studio Definition/Vollans 46 40 Zoning: Setback Intrusions/Williams 46 41 Zoning: Permitted Uses/Williams 47 42 Zoning: Public Wellhead Recharge District/Collier 47 43 Zoning: Prohibited Uses/Removal of Native Vegetation/Collier 51 44 Zoning: Major Site Plan Review for Not-for-profit Uses 51 45 Zoning: Driveway Access 52 46 General Bylaw: Beaches, Regulation of Motor Vehicles, on 52 47 General Bylaw: Wharves & Waterways/Kiteboarding 53 48 General Bylaw: Wharves & Waterways 54 49 General Bylaw: Peddlers, Solicitors & Transient Vendors 56 50 General Bylaw: Wetlands, Revocation of Permit 57 51 General Bylaw: Wetlands, Emergency Projects 57 52 General Bylaw: Wetlands 59 53 General Bylaw: Car Rental Agencies, Registration of 59 54 General Bylaw: Motorized Passenger Devices 60 55 General Bylaw: Signs, Satellite Dishes, Rooflines 63 56 General Bylaw: Sewers & Wastewater Facilities 64 57 General Bylaw: Repeal of Bicycle Helmet Requirement/Brock 65 58 General Bylaw: Water Conservation/Silverstein 65 59 General Bylaw: Streets & Sidewalks/Goodman 66 60 General Bylaw: Streets & Sidewalks/Ramos 66 61 General Bylaw: Streets & Sidewalks/Silverstein 67 62 General Bylaw: Noise/Coffin & Myers 68 63 General Bylaw: Repeal of Protection of Coastal Areas & Open Spaces/Leddy 69 64 General Bylaw: Merchandise & Wares, Display of/Allard 69 65 Home Rule Petition: Unified Water & Sewer District/Barnes 69 66 Home Rule Petition: Nantucket Islands Land Bank/Silverstein 69 67 Home Rule Petition: Secondary Dwelling Ownership 70 Page v 2004 Annual Town Meeting Warrant with Finance Committee Recommendations TOWN OF NANTUCKET 2004 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 68 Home Rule Petition: Limitations on Motor Vehicles 70 69 Home Rule Petition: Summer Special Police 72 70 Home Rule Petition: Revolving Fund/Airport Fuel Sales 72 71 Home Rule Petition: Community Housing Bank 73 72 Home Rule Petition: Speed Limits on Nantucket 76 73 Affirmation of Support for One Big Beach Program 77 74 Nantucket Energy Commission/Gookin 77 75 Senior Planner Position Transfer/McLaughlin 78 76 Special Legislation Approval Requirement/Zimicki 78 77 Real Estate Acquisition: 2 Fairgrounds Road 78 78 Real Estate Acquisition: 00 North Pasture 78 79 Real Property Conveyance: 6 Backus Lane 79 80 Real Estate Conveyance: Esther’s Island 79 81 Real Property Acquisition & Disposition: Spruce Street 80 82 Conveyance of Land for Affordable Housing Purposes/Pochick Street 81 83 Conveyance of Land for Affordable Housing Purposes/Madaket 82 84 Conveyance of Surplus Land/11 Monohansett Road 82 85 Conveyance of Surplus Land/Cliff Road 83 86 Real Estate Conveyances: Various Parcels 83 87 Real Estate Acquisition: Taking Nantucket Sound/Gookin 84 88 Real Estate Acquisition: Washington Street 84 89 Real Estate Acquisition: Washington Street/Paterson 85 90 Real Estate Disposition: Lease Authorization for Recreational Shooting Facility/Holdgate 85 91 Appropriation: Stabilization Fund 86 92 Appropriation: Free Cash 86 NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS. Page vi 2004 Annual Town Meeting Warrant with Finance Committee Recommendations Page 1 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 1 (Receipt of Reports) To receive the reports of various departments and committees as printed in the Fiscal Year 2003 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 2003 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 Thirteen Thousand Three Hundred Fifty-one Dollars and Eighty-three Cents ($13,351.83) be raised and appropriated from the Fiscal Year 2005 tax levy and other general revenues to pay the following unpaid bills from prior fiscal years: DEPARTMENT VENDOR AMOUNT Building Department Island Air $60.83 Health Department Pitney Bowes $229.00 Public Works Camp Dresser & McKee, Inc. $5,950.00 Public Works Camp Dresser & McKee, Inc. $5,005.00 Public Works Camp Dresser & McKee, Inc. $1,500.00 Public Works Nantucket Cottage Hospital $324.00 Public Works Nantucket Cottage Hospital $283.00 TOTAL $13,351.83 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 the Article. ARTICLE 4 (Revolving Accounts: Annual Authorization) To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to Chapter 44, section 53E½ of the General Laws of the Commonwealth for Fiscal Year 2005. (Board of Selectmen) Page 2 2004 Annual Town Meeting Warrant with Finance Committee Recommendations FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hereby authorized to continue during Fiscal Year 2005 as follows: FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND SPENDING LIMIT Beach Improvement Beach Permit Sticker sales Board of Selectmen In accordance with c. 56, § 7A of Town Code, and including endangered species monitor program; beach patrols/monitors; beach use education/information $350,000 Tennis Court Tennis fees Park & Recreation Commission Operation, maintenance of tennis court facility and housing for seasonal staff $50,000 Conservation Fund Conservation Commission application fees Conservation Commission Consulting services in connection with professional review of applications $100,000 Airport Fuel Sales Fuel sales Airport Commission Purchase of fuel $2,500,000 Septic System Inspections Septic system application fees Board of Health Contractor services in connection with septic system inspections $30,000 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 Laws, to provide for extraordinary and unforeseen expenditures which may arise during Fiscal Year 2005, beginning July 1, 2004 and ending June 30, 2005; said sum not to exceed five percent (5%) of the Fiscal Year 2005 tax levy. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Seven Hundred Fifty Thousand Dollars ($750,000) be raised and appropriated from the Fiscal Year 2005 tax levy and other general revenues of the Town to establish a Reserve Fund for Fiscal Year 2005 pursuant to chapter 40, §6 of the General Laws. ARTICLE 6 (Fiscal Year 2004 Budget Transfers) To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2004 operating budget from other line items of said budget and from other available funds. (Board of Selectmen) FINANCE COMMITTEE MOTION: The Committee’s motion will be provided at Town Meeting. Page 3 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 7 (Personnel Compensation Plans for Fiscal Year 2005) To see if the Town will vote to adopt the following Compensation Plans for FY 2005: 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; UNION CONTRACT CURRENTLY UNDER NEGOTIATION Schedule B -- Full-time/Non-union Hourly Employees and Laborer’s Union Clerical Employees COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE; UNION CONTRACT CURRENTLY UNDER NEGOTIATION Schedule C – Laborer’s Union Department Head Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE; CONTRACT CURRENTLY UNDER NEGOTIATION 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 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 Seasonal Shellfish Warden(s) (yearly) 300.00 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, 2004- April 14, 2005) Compensation Level Start Second Season Third Season A-Hourly* $11.50 $12.50 $13.50 B-Hourly* $12.00 $13.00 $14.00 C-Hourly* $13.00 $14.00 $15.00 D-Hourly* $13.50 $14.50 $15.50 E-Hourly* $15.50 $16.00 $16.50 Page 4 2004 Annual Town Meeting Warrant with Finance Committee Recommendations *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 to the full-time permanent shellfish warden(s) when scalloping activity is taking place. Schedule G -- Our Island Home Registered Nurse Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE; CONTRACT CURRENTLY UNDER NEGOTIATION Schedule H -- Department of Public Works Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE; CONTRACT CURRENTLY UNDER NEGOTIATION Schedule I -- Fire Department Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE; CONTRACT CURRENTLY UNDER NEGOTIATION Schedule J -- Our Island Home Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE; CONTRACT CURRENTLY UNDER NEGOTIATION Schedule K -- Police Department Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE; CONTRACT CURRENTLY UNDER NEGOTIATION Schedule L – Dispatchers’ Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE; CONTRACT CURRENTLY UNDER NEGOTIATION 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 as per MGL Town Clerk SD Page 5 2004 Annual Town Meeting Warrant with Finance Committee Recommendations After 12 After 24 After 36 After 48 After 60 After 72 After 84 Level Start Mos. Mos. Mos. Mos. Mos. Mos. Mos. A $ 35,246 $ 37,009 $ 38,859 $ 40,801 $ 42,843 $ 44,985 $ 47,233 $ 49,595 B $ 40,646 $ 42,679 $ 44,812 $ 47,053 $ 49,406 $ 51,875 $ 54,468 $ 57,193 C $ 46,975 $ 49,323 $ 51,791 $ 54,381 $ 57,099 $ 59,955 $ 62,951 $ 66,098 D $ 53,017 $ 55,668 $ 58,450 $ 61,373 $ 64,443 $ 67,664 $ 71,049 $ 74,600 E $ 58,350 $ 61,266 $ 64,330 $ 67,547 $ 70,923 $ 74,469 $ 78,194 $ 82,105 F $ 63,621 $ 66,803 $ 70,143 $ 73,650 $ 77,331 $ 81,199 $ 85,260 $ 89,521 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 schedules be adopted: 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 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 Seasonal Shellfish Warden(s) (yearly) $300.00 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 6 2004 Annual Town Meeting Warrant with Finance Committee Recommendations Schedule E -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2004- April 14, 2005) Compensation Level Start Second Season Third Season A-Hourly* $11.50 $12.50 $13.50 B-Hourly* $12.00 $13.00 $14.00 C-Hourly* $13.00 $14.00 $15.00 D-Hourly* $13.50 $14.50 $15.50 E-Hourly* $15.50 $16.00 $16.50 *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 to the full-time permanent shellfish warden(s) when scalloping activity is taking place. 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 as per MGL Town Clerk SD After 12 After 24 After 36 After 48 After 60 After 72 After 84 Level Start Mos. Mos. Mos. Mos. Mos. Mos. Mos. A $ 35,246 $ 37,009 $ 38,859 $ 40,801 $ 42,843 $ 44,985 $ 47,233 $ 49,595 B $ 40,646 $ 42,679 $ 44,812 $ 47,053 $ 49,406 $ 51,875 $ 54,468 $ 57,193 C $ 46,975 $ 49,323 $ 51,791 $ 54,381 $ 57,099 $ 59,955 $ 62,951 $ 66,098 D $ 53,017 $ 55,668 $ 58,450 $ 61,373 $ 64,443 $ 67,664 $ 71,049 $ 74,600 E $ 58,350 $ 61,266 $ 64,330 $ 67,547 $ 70,923 $ 74,469 $ 78,194 $ 82,105 F $ 63,621 $ 66,803 $ 70,143 $ 73,650 $ 77,331 $ 81,199 $ 85,260 $ 89,521 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. Page 7 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 8 (Appropriation: Fiscal Year 2005 Operating Budget) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of supporting the offices, departments, boards and commissions of the Town of Nantucket for FY 2005. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2005 operating budget be established for the various offices, boards and commissions of the Town as follows: DEPARTMENT FY 2005 PAYROLL FY 2005 EXPENSES FY 2005 TOTAL BUDGET FY 2004 TOTAL BUDGET GENERAL GOVERNMENT Conservation Commission $88,100 $49,900 $138,000 $133,920 Disability, Commission on $10,700 $3,200 $13,900 $13,880 Finance Committee $0 $14,800 $14,800 $14,860 Finance & Operations $943,400 $277,150 $1,220,550 $1,205,125 Historic District Commission $168,600 $25,400 $194,000 $191,450 Information Systems/GIS $211,700 $187,200 $398,900 $393,985 Legal $0 $320,000 $320,000 $320,000 Moderator $0 $1,500 $1,500 $1,500 NP & EDC $322,300 $48,300 $370,600 $404,650 Personnel Board $0 $14,100 $14,100 $14,055 Planning Board $48,500 $11,550 $60,050 $52,460 Selectmen $293,500 $200,900 $494,400 $498,390 Town Clerk $159,900 $51,000 $210,900 $197,810 Zoning Board of Appeals $57,400 $16,900 $74,300 $71,160 Subtotal $2,304,100 $1,221,900 $3,526,000 $3,513,245 SAFETY & PROTECTION Inspectors $462,900 $36,700 $499,600 $535,800 Emergency Mgt. $0 $10,150 $10,150 $10,150 Fire Department $1,566,000 $157,600 $1,723,600 $1,631,810 Health Department $199,800 $25,300 $225,100 $227,290 Parking Clerk $0 $12,100 $12,100 $12,100 Police Department & Animal Control $2,527,200 $416,400 $2,943,600 $2,925,260 Street Lighting $0 $75,000 $75,000 $75,000 Subtotal $4,755,900 $733,250 $5,489,150 $5,417,410 MARINE & COASTAL RESOURCES Marine Department $424,000 $184,200 $608,200 $470,200 Subtotal $424,000 $184,200 $608,200 $470,200 Page 8 2004 Annual Town Meeting Warrant with Finance Committee Recommendations DEPARTMENT FY 2005 PAYROLL FY 2005 EXPENSES FY 2005 TOTAL BUDGET FY 2004 TOTAL BUDGET MAINTENANCE Gas/Town Vehicles $0 $124,000 $124,000 $124,000 Mosquito Control $99,200 $20,000 $119,200 $120,200 Public Buildings $0 $440,200 $440,200 $425,420 Public Works $1,263,700 $588,000 $1,851,700 $1,573,200 Subtotal $1,362,900 $1,172,200 $2,535,100 $2,242,820 HUMAN SERVICES Adult Community Day Care $62,800 $37,500 $100,300 $96,800 Aging, Council on $152,200 $23,000 $175,200 $138,740 Human Services, Council for $93,800 $8,300 $102,100 $97,480 Our Island Home $3,270,800 $743,800 $4,014,600 $3,642,050 Veterans' Services $9,900 $400 $10,300 $10,300 Subtotal $3,589,500 $813,000 $4,402,500 $3,985,370 CULTURE & RECREATION Atheneum $0 $515,000 $515,000 $465,000 Park & Recreation $472,700 $130,900 $603,600 $653,400 Town Clock $0 $6,600 $6,600 $6,600 Visitor Services $209,500 $171,100 $380,600 $382,100 Subtotal $682,200 $823,600 $1,505,800 $1,507,100 Anticipated Contract Settlements $409,000 $409,000 Total of Department Oper. Budgets $13,527,600 $4,948,150 $18,475,750 $17,136,145 EDUCATION Community School $310,000 $0 $310,000 $300,000 School Department $13,379,828 $3,471,707 $16,851,535 $15,905,850 Subtotal $13,689,828 $3,471,707 $17,161,535 $16,205,850 Grand Total of Gen Gov't. Operating Budgets $27,217,428 $8,419,857 $35,637,285 $33,341,995 DEBT SERVICE Principal $2,954,000 $2,954,000 $2,756,650 Interest $1,963,000 $1,963,000 $2,141,690 Subtotal $4,917,000 $4,917,000 $4,898,340 INSURANCES payroll related all other Auto Casualty $157,500 $157,500 $150,000 Blanket Liability $525,000 $525,000 $500,000 Page 9 2004 Annual Town Meeting Warrant with Finance Committee Recommendations DEPARTMENT FY 2005 PAYROLL FY 2005 EXPENSES FY 2005 TOTAL BUDGET FY 2004 TOTAL BUDGET Claims Deductible $15,800 $15,800 $15,000 Insurance Consulting $26,200 $26,200 $25,000 Life Insurance $20,800 $20,800 $19,800 Medical Insurance $6,800,000 $6,800,000 $6,071,000 Unemployment $63,000 $63,000 $60,000 Workers Compensation $159,600 $159,600 $152,000 Laborer's Union Pension $23,100 $23,100 $22,000 Subtotal $7,066,500 $724,500 $7,791,000 $7,014,800 ASSESSMENTS Barnstable Retirement $2,575,700 $2,575,700 $2,279,800 State Assessments $338,600 $338,600 $312,200 Subtotal $2,575,700 $338,600 $2,914,300 $2,592,000 Grand Total of Operating Budget $36,859,628 $14,399,957 $51,259,585 $47,847,135 And, to meet these appropriations, the sum of Fifty-one Million Two Hundred Fifty-nine Thousand Five Hundred Eighty-five dollars ($51,259,585) be raised and appropriated from the Fiscal Year 2005 tax levy and other general revenues of the Town. 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 2005, which contracts shall stipulate mutually agreed upon terms and conditions. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Three Hundred Twenty-nine Thousand Nine Hundred Ninety-six Dollars ($329,996) be raised and appropriated from the Fiscal Year 2005 tax levy and other general revenues of the Town to be used to fund contracts for the following health and human services, private not-for-profit agencies to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket, provided that the Board of Selectmen execute contracts with the respective agencies for Fiscal Year 2005, which contracts shall stipulate mutually agreed upon terms and conditions: Page 10 2004 Annual Town Meeting Warrant with Finance Committee Recommendations AGENCY AMOUNT A Safe Place $35,000 Big Brothers Big Sisters $12,000 Elder Services of Cape Cod & Islands/Meals on Wheels Program $7,800 Family & Children’s Services $139,800 Food Pantry $35,000 Island Health Plan, Inc. $15,000 Legal Services of Cape Cod & Islands $3,600 Lighthouse Health Access Alliance $5,000 Nantucket Human Services Center, Inc. $21,100 Nantucket Cottage Hospital $24,804 Small Friends $25,892 Sherburne Commons, Inc. $5,000 TOTAL $329,996 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 2005 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 Fiscal Year 2005; all such expenditures to be made by the Board of Selectmen, and further the Board of Selectmen is authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced as follows: DEPARTMENT ITEM AMOUNT Fire Replace 1987 Ladder Truck $725,000 Marine Town Pier Maintenance $80,000 Marine Expenses associated with reconstruction of F Street bulkhead, including design, permitting, construction $125,000 Marine Improvements to Brant Point boat house & and ramp $75,000 Park & Recreation Jetties Concession Building painting and shingling $50,000 Town Clerk Purchase of shelving for record vaults $60,000 Selectmen Acquisition costs of 1 Norwood Street $350,000 Selectmen Surfside area road improvements, including engineering, drainage, construction $530,000 Information Systems Purchase of new servers and associated equipment $92,000 Information Systems Purchase of switches and hubs associated with network system $200,000 Information Systems Purchase of wireless equipment for network $120,000 Page 11 2004 Annual Town Meeting Warrant with Finance Committee Recommendations DEPARTMENT ITEM AMOUNT Information Systems Purchase of replacement desktops and printers $50,000 Public Works Replace 1995 Street Sweeping Machine $55,000 Public Works Replace pre-1992 Bobcat $51,000 School Vehicle Replacement (Truck & Tractor) $65,000 School Develop New Playing Fields $200,000 School NES Building Improvements: Install new single user ADA compliant toilet rooms $175,000 School CPS Building Improvements: Install new flooring $147,000 School NHS Building Improvements : Install new digital heating system $110,000 School Purchase of computers and related technology equipment $100,000 Total $3,360,000.00 And, to meet the appropriation that the Treasurer of the Town, with the approval of the Board of Selectmen, is authorized to borrow Two Million Eight Hundred Thirty Thousand dollars ($2,830,000) pursuant to any applicable statute for all of the above items other than Surfside Area Road improvements, contingent upon the passage by ballot of a referendum question exempting the principal so borrowed and interest from the limitations of Proposition 2 ½ so-called (G. L. Ch. 59 §21C(k)), and further that the Treasurer of the Town with the approval of the Board of Selectmen is authorized to borrow Five Hundred Thirty Thousand Dollars ($530,000) for Surfside area road improvements as general obligations of the Town with the intent that the interest and principal due is to be repaid to the Town through betterment assessments. ARTICLE 11 (Appropriation: Ambulance Reserve Fund) 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 Two Hundred Forty-two Thousand Dollars ($242,000) for the purchase of ambulance-related equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three ambulances, the cost of EMT training classes; and to fund up to four (4) Firefighter/EMT positions. All expenditures to be made by the Fire Department, subject to the approval of the Board of Selectmen and/or Town Administrator. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Two Hundred Forty-two Thousand Dollars ($242,000) be appropriated from the Ambulance Reserve Fund for the purchase of ambulance-related equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three ambulances, the cost of EMT training classes; and to fund up to four (4) Firefighter/EMT positions. All expenditures to be made by the Fire Department, subject to the approval of the Board of Selectmen and/or Town Administrator. Page 12 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 12 (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 2005: 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. (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2005 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 2005 PAYROLL FY 2005 EXPENSES FY 2005 TOTAL BUDGET FY 2004 TOTAL BUDGET Airport $3,105,524 $4,854,124 $7,959,648 $8,344,950 Sewer ( includes Wastewater Treatment; Collection & Disposal; and Siasconset plant) $510,000 $1,701,900 $2,211,900 $1,361,165 Siasconset Water $102,460 $129,540 $232,000 $195,000 Solid Waste $0 $5,767,000 $5,767,000 $5,057,160 Wannacomet Water $880,150 $1,770,650 $2,650,800 $2,551,920 TOTAL $4,598,134 $14,223,114 $18,821,248 $17,510,195 Further, that the above appropriations be funded as follows: FUND FUNDING SOURCES AMOUNTS Airport FY 05 Anticipated Revenues $7,959,648 Sewer FY 05 Anticipated Revenues $2,211,900 Siasconset Water FY 05 Anticipated Revenues $232,000 FY 05 Anticipated Revenues $3,475,000 FY 05 Tax Levy and other General Revenues $1,900,000 Solid Waste Retained Earnings $392,000 Wannacomet Water FY 05 Anticipated Revenues $2,650,800 Page 13 2004 Annual Town Meeting Warrant with Finance Committee Recommendations 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 2005 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 Fiscal Year 2005 with the Airport appropriations to be expended through the Airport Commission, and that the Sewer Enterprise appropriations to be expended through the Board of Public Works: DEPARTMENT ITEMS AMOUNT Airport Runway 6 Rehabilitation – Supplemental Funding $2,557,400 Airport Housing Improvements $100,000 Airport Replace Airfield Vehicles, including the authority to sell, convey or otherwise dispose of replaced vehicles $100,000 Airport Rehabilitate Fuel Farm $70,000 Airport Macy Lane Bike Path & Airport Entryway –Supplemental Funding $250,000 Subtotal $3,077,400 Sewer Design, Engineering & Related Costs for Infiltration/Inflow Improvements $1,100,000 Sewer Design, Engineering & Related Costs for Upgrade to Surfside Wastewater Treatment Facility $2,250,000 Sewer Construction and Related Costs for Infiltration/Inflow Improvements $2,330,000 Subtotal $5,680,000 TOTAL $8,757,400 And, to meet these appropriations, that the following funding sources be used: FUNDING SOURCE AMOUNT Airport Borrowing $3,077,400 Sewer Borrowing $2,480,000 Sewer Prior Year Articles* $3,200,000 *Article 1 of February 5, 1987 Special Town Meeting as amended by Article 103 of 1987 Annual Town Meeting and Article 18 of 1988 Annual Town Meeting Further, that the Treasurer of the Town of Nantucket, with the approval of the Board of Selectmen, borrow the sum of Three Million Seventy-seven Thousand Four Hundred Dollars ($3,077,400) in anticipation of federal and/or state grants, with the intent that any and all repayments and debt service (if applicable) are to come from Airport revenues; and, that the Treasurer of the Town with the approval of the Board of Selectmen borrow the sum of One Hundred Fifty Thousand Dollars ($150,000) as a general obligation of the Town, with the intent that all repayments and debt service are to come from General Fund revenues, contingent upon the passage by ballot of a referendum question exempting the principal so borrowed and interest from the limitations of Proposition 2½ Page 14 2004 Annual Town Meeting Warrant with Finance Committee Recommendations so-called (G.L. Ch. 59, s. 21C); and, that the Treasurer of the Town will the approval of the Board of Selectmen be authorized to borrow Two Million Three Hundred Thirty Thousand Dollars ($2,330,000) from the Massachusetts Water Pollution Abatement Trust and/or the State Revolving Loan Fund pursuant to chapter 29C of the general laws or any other source, or pursuant to any other applicable statute, it being the intent that such additional borrowing be general obligation bonds of the town with repayment costs to be paid for from the General Fund, contingent upon the passage by ballot of a referendum question exempting the principal so borrowed and interest from the limitations of Proposition 2 ½ so-called (G.L. c. 59, s. 21C). ARTICLE 14 (Enterprise Accounts: Fiscal Year 2004 Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2004 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 for Fiscal Year 2004: FUND FROM TO AMOUNT Siasconset Water: Retained Earnings Salary & Health Insurance $18,000 Retained Earnings Operating Expense $30,000 Retained Earnings To cover projected revenue deficit $13,700 Retained Earnings To repay general fund for prior years’ deficits $26,300 TOTAL $88,000 ARTICLE 15 (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 2005, 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). (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved that One Hundred Thousand Dollars ($100,000) be raised and appropriated from the Fiscal Year 2005 tax levy and other general revenues of the Town to fund the Fiscal Year 2005 County assessment. ARTICLE 16 (Appropriation: Finalizing Fiscal Year 2005 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 2005 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 Page 15 2004 Annual Town Meeting Warrant with Finance Committee Recommendations 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 COMMITTEE MOTION: Moved to take no action on this Article. ARTICLE 17 (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 18 (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 Two Hundred Seventy-five Thousand Thirteen Dollars ($275,013) to be spent under the direction of the Board of Public Works in FY 2004 toward public roads. Further, to authorize the Board of Selectmen to apply for, accept and expend a grant in the amount of Two Hundred Seventy-five Thousand Thirteen Dollars ($275,013) 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 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 to take no action on the Article. ARTICLE 19 (Appropriation: Ferry Embarkation Fee) To see what sum the Town will vote to appropriate from the proceeds of the ferry embarkation fee established by section 129 of the Acts of 2003 as amended, for the purposes of mitigating the impacts of ferry service on the Town and County of Nantucket, including but not limited to provision of harbor services, public safety protection, emergency services, infrastructure improvements within and around Nantucket Harbor, and any other purpose allowed by applicable law, or take any other action in relation thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Two Hundred Thousand Dollars ($200,000) be appropriated from the proceeds of the ferry embarkation fee to be paid to the Nantucket Regional Transit Authority (“NRTA”), to be used by said Authority for the purposes of funding the first year of a contract between the Town of Nantucket, NRTA and Nantucket Electric Company for the lease of certain land and buildings on Candle Street, which land and buildings are to be used to establish, among other things, a downtown harbor public transportation center to serve the transportation needs of visitors and residents and for the loading and off-loading of NRTA buses, for NRTA offices, public restrooms and other conveniences to the travelling public in the harbor area. Page 16 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 20 (Appropriation: Line of Credit for Landfill Closure) To see whether the Town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute, the amount of Three Hundred Eighty-three Thousand Dollars ($383,000) to be used by the Board of Selectmen as security for a stand-by letter of credit issued by Fleet National Bank for the benefit of the Town so as to provide financial assurances required by the Massachusetts Department of Environmental Protection with respect to the completion of corrective action, closure and/or post-closure maintenance of the Nantucket Landfill on Madaket Road, or take any other action in relation thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Treasurer of the Town of Nantucket, with the approval of the Board of Selectmen, borrow the sum of Three Hundred Eighty-three Thousand ($383,000) as a general obligation of the Town, with the intent that any and all repayments and debt service are to come from Solid Waste Enterprise Fund revenues. ARTICLE 21 (Appropriation: Community Preservation Committee) To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2005 Community Preservation Budget and to appropriate or reserve for later appropriation monies from Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year. Purpose Amount Open Space Conservation /Recreation Nantucket Parks and Recreation Commission Coffin Park Walking Trails $68,000 Skateboard Park $170,000 Winter Park $155,000 Prospect Hill Cemetery, Inc. Prospect Hill Cemetery Beautification Project $285,000 Town of Nantucket - Right of Way Committee Spruce Street Access Improvement Project $80,000 Subtotal $758,000 Community Housing Habitat for Humanity Nantucket, Inc. Habitat for Humanity Nantucket $50,000 Interfaith Council Housing and Rental Assistance Program $50,000 Nantucket Behavioral Health Services Nantucket Housing for Recovering People $135,000 Page 17 2004 Annual Town Meeting Warrant with Finance Committee Recommendations Purpose Amount Nantucket Boys and Girls Club Employee Housing Renovation and Addition $100,000 Nantucket Human Services Center, Inc. Seed Capital Budget for Office Complex and Affordable Housing Units (4) $150,000 Nantucket Housing Office Nantucket Housing Office $253,000 Funding Down Payment Assistance and Gap Financing $120,000 House Relocation Program for Affordable Housing $260,000 Sherburne Commons, Inc. Seed Capital Budget for Assisted and Independent Living Community $125,000 Subtotal $1,243,000.00 Historic Resources Admiral Sir Isaac Coffin Lancasterian School Restoration of Exterior of Coffin School $265,000 American Youth Hostels, Inc. - Eastern New England Council Star of the Sea Hostel Preservation and Rehabilitation $100,000 Maria Mitchell Association Restoration of the Mitchell House $67,000 Museum of Afro-American History Higginbotham House Restoration Project $262,000 Nantucket Atheneum Restoration of Building Fabric of 1847 Nantucket Atheneum $117,000 Nantucket Historical Association Preservation of the 1800 House $337,000 Nantucket Lightship Basket Museum Preservation of 1821 House and Garden $55,650 Nantucket Town Clerk Town Clerk’s Record Restoration Project $237,000 Subtotal $1,440,650 Administrative Community Preservation Committee Administrative and Operating Expenses $93,211 Subtotal $93,211 TOTAL $3,534,861 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY2005 Community Preservation Surcharge $1,150,000 From State matching funds for FY 2004, to be received in FY 2005 $997,557 From fund balance $1,387,304 TOTAL REVENUE $3,534,861 for Fiscal Year 2005 Community Preservation Purposes with each item considered a separate appropriation to be spent by the Community Preservation Committee. Page 18 2004 Annual Town Meeting Warrant with Finance Committee Recommendations Provided, however, that the above expenditures are conditional upon the recording of appropriate historic preservation restrictions running in favor of the Nantucket Preservation Trust or another entity authorized by the Commonwealth to hold such preservation restrictions for expenditures for historic resources, and for open space restrictions running in favor of the Nantucket Land Bank Authority or another entity authorized by the Commonwealth to hold such open space restrictions for expenditures for open space resources, and for affordable housing restrictions running in favor of the Nantucket Housing Authority or another entity authorized by the Commonwealth to hold such affordable housing restrictions for expenditures for community housing, meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. (Patricia Butler, et al) FINANCE COMMITTEE MOTION: Moved that the following sums be appropriated or reserved for later appropriation from Community Preservation Fund Fiscal Year 2005 revenues or other available funds as indicated herein, for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation projects and all other necessary and proper expenses for the year, for Fiscal Year 2005 Community Preservation purposes set forth herein, with each item considered a separate appropriation to be spent by the Community Preservation Committee with the approval of the Board of Selectmen: PURPOSE AMOUNT Open Space Conservation /Recreation Nantucket Parks and Recreation Commission Coffin Park Walking Trails $68,000 Skateboard Park $170,000 Winter Park $155,000 Prospect Hill Cemetery, Inc. Prospect Hill Cemetery Beautification Project $285,000 Town of Nantucket - Right of Way Committee Spruce Street Access Improvement Project $80,000 Subtotal $758,000 Community Housing Habitat for Humanity Nantucket, Inc. Habitat for Humanity Nantucket $50,000 Interfaith Council Housing and Rental Assistance Program $50,000 Nantucket Behavioral Health Services Nantucket Housing for Recovering People $135,000 Nantucket Boys and Girls Club Employee Housing Renovation and Addition $100,000 Nantucket Human Services Center, Inc. Seed Capital Budget for Office Complex and Affordable Housing Units (4) $150,000 Nantucket Housing Office Nantucket Housing Office $253,000 Funding Down Payment Assistance and Gap Financing $120,000 Page 19 2004 Annual Town Meeting Warrant with Finance Committee Recommendations PURPOSE AMOUNT House Relocation Program for Affordable Housing $260,000 Sherburne Commons, Inc. Seed Capital Budget for Assisted and Independent Living Community $125,000 Subtotal $1,243,000 Historic Resources Admiral Sir Isaac Coffin Lancasterian School Restoration of Exterior of Coffin School $265,000 American Youth Hostels, Inc. - Eastern New England Council Star of the Sea Hostel Preservation and Rehabilitation $100,000 Maria Mitchell Association Restoration of the Mitchell House $67,000 Museum of Afro-American History Higginbotham House Restoration Project $262,000 Nantucket Atheneum Restoration of Building Fabric of 1847 Nantucket Atheneum $117,000 Nantucket Historical Association Preservation of the 1800 House $337,000 Nantucket Lightship Basket Museum Preservation of 1821 House and Garden $55,650 Nantucket Town Clerk Town Clerk’s Record Restoration Project $237,000 Subtotal $1,440,650 Administrative Community Preservation Committee Administrative and Operating Expenses $93,211 Subtotal $93,211 TOTAL $3,534,861 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY2005 Community Preservation Surcharge $1,150,000 From State matching funds for FY 2004, to be received in FY 2005 $997,557 From fund balance $1,387,304 TOTAL REVENUE $3,534,861 Provided, however, that the above expenditures are conditional upon the recording of appropriate historic preservation restrictions running in favor of the Nantucket Preservation Trust or another entity authorized by the Commonwealth to hold such preservation restrictions for expenditures for historic resources, and for open space restrictions running in favor of the Nantucket Land Bank Commission or another entity authorized by the Commonwealth to hold such open space restrictions for expenditures for open space resources, and for affordable housing restrictions running in favor of the Nantucket Housing Authority or another entity authorized by the Commonwealth to hold such affordable housing restrictions for expenditures for community housing, meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. Page 20 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 22 (Appropriation: Improvements to Private Way/Brinda Lane) To see if the Town will vote to appropriate the amount of Fifty Thousands Dollars ($50,000) for all costs, fees & expenses in connection with paving, repairs and other improvements to Brinda Lane; and, to meet the appropriation that the Treasurer of the Town, with the approval of the Board of Selectmen, be authorized to borrow Fifty Thousand Dollars ($50,000) pursuant to any applicable statute, contingent upon the passage by ballot of a referendum question exempting the principal borrowed and interest from the limitations of Proposition 2 ½ so-called (M.G.L. Ch. 59 §21C), with any expended funds to be repaid to the Town through betterment assessments. (Alan E. Rusch, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Committee sees no overriding public benefit to expending public funds to improve this private road. ARTICLE 23 (Bylaw Amendment: Nantucket Housing Needs Covenant Program) To see whether the Town, pursuant to Chapter 301 of the Acts of 2002, will vote to amend the Code of the Town of Nantucket by adopting the following text to be known as Chapter 100 of the Code of the Town of Nantucket, and by repealing the existing Chapter 100 of the Code of the Town of Nantucket, as adopted by the Town pursuant to Article 55 of the 2003 Annual Town Meeting: § 100-1. Nantucket Housing Needs Covenant Program; Designation and Authorization of Nantucket Housing Authority. By this Chapter, which shall be known as Chapter 100 of the Code of the Town of Nantucket, Massachusetts, the Town, pursuant to Section 2 of Chapter 301 of the Acts of 2002, hereby establishes the program hereafter to be known as the Nantucket Housing Needs Covenant Program and designates the Nantucket Housing Authority (the “Authority”) as the agency to create, administer and enforce Nantucket Housing Needs Covenants under the Nantucket Housing Needs Covenant Program. The Authority may, pursuant to applicable law, implement the Nantucket Housing Needs Covenant Program through contracts with qualified entities, or by otherwise obtaining assistance for some or all aspects of the Nantucket Housing Needs Covenant Program, if the Authority determines that such assistance is in the public interest. § 100-2. Purpose and Means. As set forth in Chapter 301 of the Acts of 2002, the purpose of the Nantucket Housing Needs Covenant Program is to create, make available and maintain housing that is affordable to those who earn less than 150% of the Nantucket County median household income, from those situated in lower income groups, to those situated in more moderate or middle income groups, to help all these groups to continue to reside on Nantucket if they wish to do so, and to generate and preserve affordable housing in the Town of Nantucket in perpetuity, all in order to maintain Nantucket’s diversity and unique sense of community. To accomplish these important community objectives, the Authority may, within the Nantucket Needs Housing Program, create, administer and enforce a series of Nantucket Housing Needs Covenants (an “NHNC”). § 100-3. Nantucket Housing Needs Covenant Program; Subprograms; Ownership and Rental Covenants. A. Within the Nantucket Housing Needs Covenant Program, the Authority may create and administer a series of subprograms and NHNCs, based on different levels of household income, provided that no subprogram or NHNC shall be created for or available to people or households earning less than 150% of the Nantucket County median household Page 21 2004 Annual Town Meeting Warrant with Finance Committee Recommendations income (a “Subprogram”). For illustration only, without limitation, a Subprogram may be established hereunder based on affordability to people or households earning at or below 80% of the Nantucket County median income. For each Nantucket Housing Needs Covenant Program Subprogram there shall be created an appropriate NHNC to effectuate said Subprogram. B. Nantucket Housing Needs Covenant (“NHNC”). An NHNC may regulate the terms of the purchase, sale and ownership of real property, including real property held as a condominium, or an NHNC may regulate the terms of the rental of real property, or both. (1) The Authority may create a series of Subprograms and NHNCs that relate to and regulate the terms of the purchase, sale and ownership of real property not held as a condominium, which NHNCs shall be known as an “Nantucket Housing Needs Covenant – Ownership Form.” (2) The Authority may create a series of Subprograms and NHNCs that relate to and regulate the terms of the purchase, sale and ownership of real property held as a condominium, which NHNCs shall be known as an “Nantucket Housing Needs Covenant – Condominium Form.” (3) The Authority may create a series of Subprograms and NHNCs that relate to and regulate the terms of the rental and leasing of real property, which NHNCs shall be known as an “Nantucket Housing Needs Covenant – Rental Form.” C. The Nantucket Housing Needs Covenant Program, each Subprogram and each NHNC shall include, without limitation, provisions, consistent with this Chapter 100, with Chapter 301 of the Acts of 2002, and with Chapter 184 of the Massachusetts General Laws, if applicable under § 100-7 hereinbelow, addressing the following elements: (1) income and asset limits for eligible households; (2) a definition of affordability; (3) an affordability use restriction on the properties affected by a Subprogram and an NHNC; (4) procedures whereby the Authority shall periodically receive and review reports pertaining to each NHNC; (5) provisions that the Nantucket Housing Needs Covenant Program, each Subprogram and each NHNC shall be created and administered in a non-discriminatory manner; and (6) enforcement provisions designed to assure compliance with the purpose and intent of this Chapter 100 and with the Nantucket Housing Needs Covenant Program, Subprograms and NHNCs. § 100-4. Nantucket Housing Needs Program Covenant Regulations. Pursuant to applicable law, and consistent with this Chapter 100, the Authority shall promulgate and adopt rules and regulations to implement and administer the Nantucket Housing Needs Covenant Program, Subprograms and the NHNCs. All such rules and regulations shall be known as the Nantucket Housing Needs Program Covenant Regulations and shall be kept on file with the office of the Town Clerk of the Town of Nantucket. Page 22 2004 Annual Town Meeting Warrant with Finance Committee Recommendations § 100-5. Appeals; Special Reviews; Waivers. A. At the request of any seller, purchaser, lessor or tenant or prospective seller, purchaser, tenant or lessor, who has a grievance relating to the administration of the Nantucket Housing Needs Covenant Program, any Subprogram, the Nantucket Housing Needs Program Covenant Regulations or any NHNC, the Authority, or a committee thereof (the “Appeal Board”), shall conduct a review appeal to consider any such grievance in accordance with procedures set forth in the Nantucket Housing Needs Program Covenant Appeals Board Regulations, as provided below in § 100-5.C. B. The Appeal Board shall conduct a special review for a waiver from the strict application of this Chapter 100 or from the Nantucket Housing Needs Program Covenant Regulations. The Appeal Board may, at its sole discretion, grant a request for a waiver or waivers, with or without conditions, if it finds that the approval of such waiver or waivers (1) shall not substantially derogate from the intent and purpose of this Chapter 100 and the Nantucket Housing Needs Program Covenant Regulations, and (2) shall alleviate a substantial hardship for the applicant(s) for such waiver or waivers. C. Pursuant to this Chapter 100 and to other applicable law, the Authority shall create rules and regulations pertaining to the Appeals Board and to the conduct of appeals and special reviews hereunder. Said rules and regulations shall be known as the Nantucket Housing Needs Covenant Program Appeals Board Regulations, and shall be on file with the Town Clerk of the Town of Nantucket. § 100-6. Enforcement. In addition to the enforcement provisions provided for under § 100-3 C 6 of this Chapter 100, and without limiting any other available remedies or penalties, any person who submits false information in connection with any documentation required under the Nantucket Housing Needs Covenant Program, any Subprogram, any NHNC or under the Nantucket Housing Needs Covenant Program Regulations or who violates the requirements of the Nantucket Housing Needs Covenant Program, any Subprogram, any NHNC or of the Nantucket Housing Needs Covenant Program Regulations may be punished by a fine of not more than $300. Each day or part thereof during which such violation occurs or continues, shall constitute a separate offense. As an alternative to criminal prosecution or civil action, the Town of Nantucket may elect to utilize the non-criminal disposition procedure set forth in Chapter 40, Section 21D of the Massachusetts General Laws, and in sections 1-2, 1-3, 1-4, 1-5 and 1-6 of the Code of the Town of Nantucket with a penalty of $300 for each violation, each day or part thereof during which a violation occurs constituting a separate offense. § 100-7. Relation to Chapter 184 of the Massachusetts General Laws. In the event that any NHNC may not be enforceable in perpetuity under Chapter 301 of the Acts of 2002, or where the Authority determines that it would further the intent and purpose of this Chapter 100, the Authority may require that, in addition to the requirements of this Chapter 100, any NHNC also conform to the requirements of Chapter 184 of the Massachusetts General Laws, as amended, relative to the creation and maintenance of perpetual affordable housing restrictions. § 100-8. Relation to Chapter 40B of the Massachusetts General Laws. At its discretion, consistent with this Chapter 100, the Authority, with the Town’s approval, to be obtained pursuant to applicable law, may take all necessary steps to qualify any real property affected by an NHNC, for inclusion in the Town’s so-called Subsidized Housing Inventory, as defined by Chapter 40B of the Massachusetts General Laws, as amended, and the regulations thereto. The Nantucket Housing Needs Program Covenant Program, Subprograms, NHNCs and Regulations may contain provisions to ensure inclusion of any real property affected by an NHNC in the Town’s Subsidized Housing Inventory, defined hereinabove. Page 23 2004 Annual Town Meeting Warrant with Finance Committee Recommendations § 100-9. Previous Forms of Chapter 100. The adoption of this form of Chapter 100 shall repeal, in its entirety, the existing form of Chapter 100, and shall replace it with this form of Chapter 100. Notwithstanding the repeal and replacement of the previous form of this Chapter 100, any and all agreements, covenants, rules regulations and the like created pursuant to previous forms of this Chapter 100, shall remain in full force and effect, subject to the provisions of the form of Chapter 100, and the regulations thereto, effective at the time of their recording or filing for registration. (Board of Selectmen for Nantucket Housing Office) FINANCE COMMITTEE MOTION: Moved that Chapter 100 of the Code of the Town of Nantucket is hereby amended as follows: that the existing Chapter 100 be deleted and replaced with the following text: § 100-1. Nantucket Housing Needs Covenant Program; Designation and Authorization of Nantucket Housing Authority. By this Chapter, which shall be known as Chapter 100 of the Code of the Town of Nantucket, Massachusetts, the Town, pursuant to Section 2 of Chapter 301 of the Acts of 2002, hereby establishes the program hereafter to be known as the Nantucket Housing Needs Covenant Program and designates the Nantucket Housing Authority (the “Authority”) as the agency to create, administer and enforce Nantucket Housing Needs Covenants under the Nantucket Housing Needs Covenant Program. The Authority may, pursuant to applicable law, implement the Nantucket Housing Needs Covenant Program through contracts with qualified entities, or by otherwise obtaining assistance for some or all aspects of the Nantucket Housing Needs Covenant Program, if the Authority determines that such assistance is in the public interest. § 100-2. Purpose and Means. As set forth in Chapter 301 of the Acts of 2002, the purpose of the Nantucket Housing Needs Covenant Program is to create, make available and maintain housing that is affordable to those who earn less than 150% of the Nantucket County median household income, from those situated in lower income groups, to those situated in more moderate or middle income groups, to help all these groups to continue to reside on Nantucket if they wish to do so, and to generate and preserve affordable housing in the Town of Nantucket in perpetuity, all in order to maintain Nantucket’s diversity and unique sense of community. To accomplish these important community objectives, the Authority may, within the Nantucket Needs Housing Program, create, administer and enforce a series of Nantucket Housing Needs Covenants (an “NHNC”). § 100-3. Nantucket Housing Needs Covenant Program; Subprograms; Ownership and Rental Covenants. A. Within the Nantucket Housing Needs Covenant Program, the Authority may create and administer a series of subprograms and NHNCs, based on different levels of household income, provided that no subprogram or NHNC shall be created for or available to people or households earning more than 150% of the Nantucket County median household income (a “Subprogram”). For illustration only, without limitation, a Subprogram may be established hereunder based on affordability to people or households earning at or below 80% of the Nantucket County median income. For each Nantucket Housing Needs Covenant Program Subprogram there shall be created an appropriate NHNC to effectuate said Subprogram. B. Nantucket Housing Needs Covenant (“NHNC”). An NHNC may regulate the terms of the purchase, sale and ownership of real property, including real property held as a condominium, or an NHNC may regulate the terms of the rental of real property, or both. (1) The Authority may create a series of Subprograms and NHNCs that relate to and regulate the terms of the purchase, sale and ownership of real property not held as a condominium, which NHNCs shall be known as an “Nantucket Housing Needs Covenant – Ownership Form.” Page 24 2004 Annual Town Meeting Warrant with Finance Committee Recommendations (2) The Authority may create a series of Subprograms and NHNCs that relate to and regulate the terms of the purchase, sale and ownership of real property held as a condominium, which NHNCs shall be known as an “Nantucket Housing Needs Covenant – Condominium Form.” (3) The Authority may create a series of Subprograms and NHNCs that relate to and regulate the terms of the rental and leasing of real property, which NHNCs shall be known as an “Nantucket Housing Needs Covenant – Rental Form.” C. The Nantucket Housing Needs Covenant Program, each Subprogram and each NHNC shall include, without limitation, provisions, consistent with this Chapter 100, with Chapter 301 of the Acts of 2002, and with Chapter 184 of the Massachusetts General Laws, if applicable under § 100-7 hereinbelow, addressing the following elements: (1) income and asset limits for eligible households; (2) a definition of affordability; (3) an affordability use restriction on the properties affected by a Subprogram and an NHNC; (4) procedures whereby the Authority shall periodically receive and review reports pertaining to each NHNC; (5) provisions that the Nantucket Housing Needs Covenant Program, each Subprogram and each NHNC shall be created and administered in a non-discriminatory manner; and (6) enforcement provisions designed to assure compliance with the purpose and intent of this Chapter 100 and with the Nantucket Housing Needs Covenant Program, Subprograms and NHNCs. § 100-4. Nantucket Housing Needs Program Covenant Regulations. Pursuant to applicable law, and consistent with this Chapter 100, the Authority shall promulgate and adopt rules and regulations to implement and administer the Nantucket Housing Needs Covenant Program, Subprograms and the NHNCs. All such rules and regulations shall be known as the Nantucket Housing Needs Program Covenant Regulations and shall be kept on file with the office of the Town Clerk of the Town of Nantucket. § 100-5. Appeals; Special Reviews; Waivers. A. At the request of any seller, purchaser, lessor or tenant or prospective seller, purchaser, tenant or lessor, who has a grievance relating to the administration of the Nantucket Housing Needs Covenant Program, any Subprogram, the Nantucket Housing Needs Program Covenant Regulations or any NHNC, the Authority, or a committee thereof (the “Appeal Board”), shall conduct a review appeal to consider any such grievance in accordance with procedures set forth in the Nantucket Housing Needs Program Covenant Appeals Board Regulations, as provided below in § 100-5.C. B. The Appeal Board shall conduct a special review for a waiver from the strict application of this Chapter 100 or from the Nantucket Housing Needs Program Covenant Regulations. The Appeal Board may, at its sole discretion, grant a request for a waiver or waivers, with or without conditions, if it finds that the approval of such waiver or waivers (1) shall not substantially derogate from the intent and purpose of this Chapter 100 and the Nantucket Housing Needs Program Covenant Regulations, and (2) shall alleviate a substantial hardship for the applicant(s) for such waiver or waivers. Page 25 2004 Annual Town Meeting Warrant with Finance Committee Recommendations C. Pursuant to this Chapter 100 and to other applicable law, the Authority shall create rules and regulations pertaining to the Appeals Board and to the conduct of appeals and special reviews hereunder. Said rules and regulations shall be known as the Nantucket Housing Needs Covenant Program Appeals Board Regulations, and shall be on file with the Town Clerk of the Town of Nantucket. § 100-6. Enforcement. In addition to the enforcement provisions provided for under § 100-3 C 6 of this Chapter 100, and without limiting any other available remedies or penalties, any person who submits false information in connection with any documentation required under the Nantucket Housing Needs Covenant Program, any Subprogram, any NHNC or under the Nantucket Housing Needs Covenant Program Regulations or who violates the requirements of the Nantucket Housing Needs Covenant Program, any Subprogram, any NHNC or of the Nantucket Housing Needs Covenant Program Regulations may be punished by a fine of not more than $300. Each day or part thereof during which such violation occurs or continues, shall constitute a separate offense. As an alternative to criminal prosecution or civil action, the Town of Nantucket may elect to utilize the non-criminal disposition procedure set forth in Chapter 40, Section 21D of the Massachusetts General Laws, and in sections 1-2, 1-3, 1-4, 1-5 and 1-6 of the Code of the Town of Nantucket with a penalty of $300 for each violation, each day or part thereof during which a violation occurs constituting a separate offense. § 100-7. Relation to Chapter 184 of the Massachusetts General Laws. In the event that any NHNC may not be enforceable in perpetuity under Chapter 301 of the Acts of 2002, or where the Authority determines that it would further the intent and purpose of this Chapter 100, the Authority may require that, in addition to the requirements of this Chapter 100, any NHNC also conform to the requirements of Chapter 184 of the Massachusetts General Laws, as amended, relative to the creation and maintenance of perpetual affordable housing restrictions. § 100-8. Relation to Chapter 40B of the Massachusetts General Laws. At its discretion, consistent with this Chapter 100, the Authority, with the Town’s approval, to be obtained pursuant to applicable law, may take all necessary steps to qualify any real property affected by an NHNC, for inclusion in the Town’s so-called Subsidized Housing Inventory, as defined by Chapter 40B of the Massachusetts General Laws, as amended, and the regulations thereto. The Nantucket Housing Needs Program Covenant Program, Subprograms, NHNCs and Regulations may contain provisions to ensure inclusion of any real property affected by an NHNC in the Town’s Subsidized Housing Inventory, defined hereinabove. § 100-9. Previous Forms of Chapter 100. The adoption of this form of Chapter 100 shall repeal, in its entirety, the existing form of Chapter 100, and shall replace it with this form of Chapter 100. Notwithstanding the repeal and replacement of the previous form of this Chapter 100, any and all agreements, covenants, rules regulations and the like created pursuant to previous forms of this Chapter 100, shall remain in full force and effect, subject to the provisions of the form of Chapter 100, and the regulations thereto, effective at the time of their recording or filing for registration. Page 26 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 24 (Zoning Bylaw Amendment: Adoption of Official G.I.S. Zoning Map) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-4 (Location of districts; zoning district maps) 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 be part of the final text): A. Said districts are to be located and bounded as shown on a map entitled “Zoning Map of Nantucket, Massachusetts,” prepared by the Nantucket G.I.S Department, dated February 11, 2004 as duly amended (the “Zoning Map”), which incorporates the original map dated February 24, 1972, as duly amended through the Annual Town Meeting of April 2003, (the “Zoning Map”), and on file in the Office of the Town Clerk. The Zoning Map, with all explanatory matter thereon, is made a part of this chapter. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-4 (Location of districts; zoning district maps) 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 be part of the final text): A. Said districts are to be located and bounded as shown on a map entitled “Zoning Map of Nantucket, Massachusetts,” prepared by the Nantucket G.I.S Department, dated February 11, 2004 as duly amended (the “Zoning Map”), which incorporates the original map dated February 24, 1972, as duly amended through the Annual Town Meeting of April 2003, (the “Zoning Map”), and on file in the Office of the Town Clerk. The Zoning Map, with all explanatory matter thereon, is made a part of this chapter. ARTICLE 25 (Zoning Bylaw Amendment: Establishment of ‘Sconset Residential-10 Zoning District) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strikeout; these methods used to denote changes are not meant to become part of the final text): First, amend §139-3 (Districts enumerated), by adding to subsection B. Residential a new Zoning District ‘Sconset Residential–10 (SR-10), after ‘Sconset Residential-1, and before ‘Sconset Residential-2: ‘Sconset Residential-10 SR-10 Second, amend §139-16 (Intensity Regulations), Subsection A (Yard Setback), by inserting the following between R-10 and R-2: District Defined in 139 §3 Minimum Lot Size (Square Feet) Front (feet) Side/Rear (feet)** Frontage (feet) Ground Cover Ratio SR-10 10,000 15 5 75 25% Third, amend §139-18D (Table of Parking Requirements) by amending the Zoning designations listed under the heading “Principal and Accessory Uses “A” by changing the heading labeled “R-10” as follows: R10/ SR10 (Board of Selectmen for Nantucket Planning and Economic Development Commission) Page 27 2004 Annual Town Meeting Warrant with Finance Committee Recommendations PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket is hereby amended as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strikeout; these methods used to denote changes are not meant to become part of the final text): First, amend §139-3 (Districts enumerated), by adding to subsection B. Residential a new Zoning District ‘Sconset Residential–10 (SR-10), after ‘Sconset Residential-1, and before ‘Sconset Residential-2: ‘Sconset Residential-10 SR-10 Second, amend §139-16 (Intensity Regulations), Subsection A (Yard Setback), by inserting the following between R-10 and R-2: District Defined in 139 §3 Minimum Lot Size (Square Feet) Front (feet) Side/Rear (feet)** Frontage (feet) Ground Cover Ratio SR-10 10,000 15 5 75 25% Third, amend §139-18D (Table of Parking Requirements) by amending the Zoning designations listed under the heading “Principal and Accessory Uses “A” by changing the heading labeled “R-10” as follows: R10/ SR10 Fourth, 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 the following properties from SOH, SR-1, and SR-2, to SR-10, as indicated as follows, and in accordance with a map entitled: “Proposed Rezoning of Properties in the Vicinity of Main Street in ‘Sconset”, dated January 2, 2004, on file with the Town Clerk, and to take any other actions as may be appropriate with respect thereto: First, property to be changed from SR-2 to SR-10: Assessor’s Map # Parcel # 73.3.1 2 73.3.1 3 73.3.2 4 73.3.1 6 73.3.3 45 73.4.2 35 Second, property to be changed from SR-1 to SR-10: Assessor’s Map # Parcel # 73.3.1 7 73.3.1 8 73.4.2 34 Page 28 2004 Annual Town Meeting Warrant with Finance Committee Recommendations Third, property to be changed from SOH to SR-10: Assessor’s Map # Parcel # 73.3.1 9 73.3.1 10 73.3.1 11 73.3.1 46 73.3.1 47 73.3.1 48 73.3.1 49 73.3.1 50 73.3.1 51 73.3.1 51.1 73.3.1 74 73.4.2 25 ARTICLE 26 (Zoning Bylaw Amendment: Zoning Map Change, ‘SR-10 Zoning District) 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 the following properties from SOH, SR-1, and SR-2, to SR-10, as indicated as follows, and in accordance with a map entitled: “Proposed Rezoning of Properties in the Vicinity of Main Street in ‘Sconset”, dated January 2, 2004, on file with the Town Clerk, and to take any other actions as may be appropriate with respect thereto: First, property to be changed from SR-2 to SR-10: Assessor’s Map # Parcel # 73.31 2 73.31 3 73.32 4 73.31 6 73.3.3 45 73.4.2 35 Second, property to be changed from SR-1 to SR-10: Assessor’s Map # Parcel # 73.3.1 7 73.3.1 8 73.4.2 34 Page 29 2004 Annual Town Meeting Warrant with Finance Committee Recommendations Third, property to be changed from SOH to SR-10: Assessor’s Map # Parcel # 73.3.1 9 73.3.1 10 73.3.1 11 73.3.1 46 73.3.1 47 73.3.1 48 73.3.1 49 73.3.1 50 73.3.1 51 73.3.1 51.1 73.3.1 74 73.4.2 25 (Board of Selectmen for Nantucket Planning and Economic Development Commission) PLANNING BOARD MOTION: Moved not to adopt the article. PLANNING BOARD COMMENT: The Planning Board made a negative recommendation on this article solely because it was consolidated in Article 25. ARTICLE 27 (Zoning Bylaw Amendment: Multi Family Overlay District) To see if the Town will vote to amend the Nantucket Zoning By-law, by placing the following land in the Multi Family Overlay District under Nantucket Zoning By-law §139-12: Assessor’s Parcels 55-176.1 and 55-176.2. (Arthur I. Reade, Jr., et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) §139-12 of the Code of the Town of Nantucket is hereby amended by placing the following parcels of land in the Multi-Family Overlay District: Assessor’s Parcels 55-176.1 and 55-176.2. Page 30 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 28 (Zoning Bylaw Amendment: Expansion of Town Overlay District – Field Avenue, Folger Avenue) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket by amending §139-12E so as to extend the Town Overlay District by modifying the map entitled “Town and Country Designations” to include the following parcels, all of which are currently located in the Country Overlay District: Assessor’s Map Parcel Address Area (in acres) 80 176 1 Folger Avenue 1.00 80 175 2 Folger Avenue 1.00 80 173 3 Folger Avenue 1.00 80 172 4 Folger Avenue 1.00 80 169 5 Folger Avenue 1.00 80 168 6 Folger Avenue 1.00 80 166 7 Folger Avenue 1.00 80 165 8 Folger Avenue 1.00 Cherry Street 80 163 9 Folger Avenue 0.96 80 162 10 Folger Avenue 1.00 80 160 11 Folger Avenue 0.97 80 157 13 Folger Avenue 1.00 80 154 15 Folger Avenue 1.00 80 153 16 Folger Avenue 1.00 80 151 17 Folger Avenue 1.00 80 110 19 Folger Avenue 1.00 80 42 21 Folger Avenue 1.00 80 41 22 Folger Avenue 0.99 80 174 2 Field Avenue 0.82 80 171 4 Field Avenue 0.82 80 170 6 Field Avenue 0.82 80 167 8 Field Avenue 0.82 80 164 10 Field Avenue 0.82 80 159 11 Field Avenue 1.00 80 161 12 Field Avenue 1.00 80 158 14 Field Avenue 1.00 80 156 15 Field Avenue (also shown as 14 Folger Avenue)1.00 80 155 16 Field Avenue 1.00 80 150 17 Field Avenue 0.99 80 152 18 Field Avenue 1.00 80 109 19 Field Avenue 0.99 80 149 20 Field Avenue 1.01 80 108 22 Field Avenue 1.00 80 40 24 Field Avenue 1.00 80 218 20 South Shore Road 0.23 80 116 24 South Shore Road 2.00 80 178 28 South Shore Road 1.84 Page 31 2004 Annual Town Meeting Warrant with Finance Committee Recommendations Assessor’s Map Parcel Address Area (in acres) 80 300 4 Blueberry Lane 2.24 80 301 6 Blueberry Lane 2.09 80 302 8 Blueberry Lane 2.31 40 parcels totaling approximately 43.63 acres. (Board of Selectmen for Nantucket Planning and Economic Development Commission) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) §139-12E of the Code of the Town of Nantucket is hereby amended so as to extend the Town Overlay District by modifying the map entitled “Town and Country Designations” to include the following parcels, all of which are currently located in the Country Overlay District: Assessor’s Map Parcel Address Area (in acres) 80 176 1 Folger Avenue 1.00 80 175 2 Folger Avenue 1.00 80 173 3 Folger Avenue 1.00 80 172 4 Folger Avenue 1.00 80 169 5 Folger Avenue 1.00 80 168 6 Folger Avenue 1.00 80 166 7 Folger Avenue 1.00 80 165 8 Folger Avenue 1.00 Cherry Street 80 163 9 Folger Avenue 0.96 80 162 10 Folger Avenue 1.00 80 160 11 Folger Avenue 0.97 80 157 13 Folger Avenue 1.00 80 154 15 Folger Avenue 1.00 80 153 16 Folger Avenue 1.00 80 151 17 Folger Avenue 1.00 80 110 19 Folger Avenue 1.00 80 42 21 Folger Avenue 1.00 80 41 22 Folger Avenue 0.99 80 174 2 Field Avenue 0.82 80 171 4 Field Avenue 0.82 80 170 6 Field Avenue 0.82 80 167 8 Field Avenue 0.82 80 164 10 Field Avenue 0.82 80 159 11 Field Avenue 1.00 80 161 12 Field Avenue 1.00 80 158 14 Field Avenue 1.00 80 156 15 Field Avenue (also shown as 14 Folger Avenue)1.00 80 155 16 Field Avenue 1.00 80 150 17 Field Avenue 0.99 Page 32 2004 Annual Town Meeting Warrant with Finance Committee Recommendations Assessor’s Map Parcel Address Area (in acres) 80 152 18 Field Avenue 1.00 80 109 19 Field Avenue 0.99 80 149 20 Field Avenue 1.01 80 108 22 Field Avenue 1.00 80 40 24 Field Avenue 1.00 80 218 20 South Shore Road 0.23 80 116 24 South Shore Road 2.00 80 178 28 South Shore Road 1.84 80 300 4 Blueberry Lane 2.24 80 301 6 Blueberry Lane 2.09 80 302 8 Blueberry Lane 2.31 ARTICLE 29 (Zoning Map Change: Field-Folger Overlay District) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket as adopted in 1972 and amended by creating the Folger-Field Overlay District for the following properties, all currently located within a one-acre subdivision situated within the Limited-Use-General-2 Zoning District, to allow the dimensional requirements of the Limited-Use- General-1 Zoning District to applied to the properties by a grant of a Special Permit by the Zoning Board of Appeals, under new Nantucket Zoning By-law Section 139-12G, which would read as follows: G. There is hereby established in the Town of Nantucket an overlay district entitled “Field-Folger Overlay District” as follows: (1) The Field-Folger Overlay District shall be all the land listed below as depicted on the map entitled “Field-Folger Overlay District” on file with Town Clerk, December 2003, comprising a total of 34 lots on 32.92 acres. Uses allowed or permitted in this district are the same as those uses allowed or permitted in the underlying zone. (2) The Zoning Board of Appeals may grant relief by special permit to allow the reduction in minimum lot size, frontage and/or setbacks to the following, and increase the ground cover ratio to a maximum of 7%, provided that it first finds that such changes would be in harmony with the general purpose and intent of the Zoning By-law: Minimum Lot Size (square feet) 40,000 Front (feet) 35 Side/Rear (feet) 10 Frontage (feet) 100 Ground Cover Ratio 7% Assessor’s Map Parcel Address Area (in acres) 80 176 1 Folger Avenue 1.00 175 2 Folger Avenue 1.00 173 3 Folger Avenue 1.00 172 4 Folger Avenue 1.00 169 5 Folger Avenue 1.00 168 6 Folger Avenue 1.00 166 7 Folger Avenue 1.00 Page 33 2004 Annual Town Meeting Warrant with Finance Committee Recommendations Assessor’s Map Parcel Address Area (in acres) 165 8 Folger Avenue 1.00 Cherry Street 163 9 Folger Avenue 0.96 162 10 Folger Avenue 1.00 160 11 Folger Avenue 0.97 157 13 Folger Avenue 1.00 154 15 Folger Avenue 1.00 153 16 Folger Avenue 1.00 151 17 Folger Avenue 1.00 110 19 Folger Avenue 1.00 42 21 Folger Avenue 1.00 41 22 Folger Avenue 0.99 174 2 Field Avenue 0.82 171 4 Field Avenue 0.82 170 6 Field Avenue 0.82 167 8 Field Avenue 0.82 164 10 Field Avenue 0.82 159 11 Field Avenue 1.00 161 12 Field Avenue 1.00 158 14 Field Avenue 1.00 156 15 Field Avenue 1.00 (also shown as 14 Folger Ave.) 155 16 Field Avenue 1.00 150 17 Field Avenue 0.99 152 18 Field Avenue 1.00 109 19 Field Avenue 0.99 149 20 Field Avenue 1.01 108 22 Field Avenue 1.00 40 24 Field Avenue 1.00 34 parcels with a total of 32.92+ acres (Linda F. Williams, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. Page 34 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 30 (Zoning Map Change: Vicinity of Folger Avenue, Field Avenue) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket as adopted in 1972 and amended by placing the following properties, all currently located in the Limitedd-Use-General-2 Zoning District to the Limited-Use- General-1 Zoning District Assessor’s Map Parcel Address Area (in acreage) 80 176 1 Folger Avenue 1.00 175 2 Folger Avenue 1.00 173 3 Folger Avenue 1.00 172 4 Folger Avenue 1.00 169 5 Folger Avenue 1.00 168 6 Folger Avenue 1.00 166 7 Folger Avenue 1.00 165 8 Folger Avenue 1.00 Cherry Street 163 9 Folger Avenue 0.96 162 10 Folger Avenue 1.00 160 11 Folger Avenue 0.97 157 13 Folger Avenue 1.00 154 15 Folger Avenue 1.00 153 16 Folger Avenue 1.00 151 17 Folger Avenue 1.00 110 19 Folger Avenue 1.00 42 21 Folger Avenue 1.00 41 22 Folger Avenue 0.99 174 2 Field Avenue 0.82 171 4 Field Avenue 0.82 170 6 Field Avenue 0.82 167 8 Field Avenue 0.82 164 10 Field Avenue 0.82 159 11 Field Avenue 1.00 161 12 Field Avenue 1.00 158 14 Field Avenue 1.00 156 15 Field Avenue 1.00 (also shown as 14 Folger Avenue) 155 16 Field Avenue 1.00 150 17 Field Avenue 0.99 152 18 Field Avenue 1.00 109 19 Field Avenue 0.99 149 20 Field Avenue 1.01 108 22 Field Avenue 1.00 40 24 Field Avenue 1.00 34 parcels with a total of 32.92+- acres (Kathleen Haigh-Trodden, et al) Page 35 2004 Annual Town Meeting Warrant with Finance Committee Recommendations PLANNING BOARD MOTION: Moved that the “Zoning Map of Nantucket, Massachusetts” dated February 24, 1972, as amended from time to time thereafter and on file in the office of the Town Clerk is hereby amended by changing the existing zoning district from Limited Use General-2 to Limited Use General-1 for the following parcels of land: Assessor’s Map Parcel Address Area (in acreage) 80 176 1 Folger Avenue 1.00 175 2 Folger Avenue 1.00 173 3 Folger Avenue 1.00 172 4 Folger Avenue 1.00 169 5 Folger Avenue 1.00 168 6 Folger Avenue 1.00 166 7 Folger Avenue 1.00 165 8 Folger Avenue 1.00 Cherry Street 163 9 Folger Avenue 0.96 162 10 Folger Avenue 1.00 160 11 Folger Avenue 0.97 157 13 Folger Avenue 1.00 154 15 Folger Avenue 1.00 153 16 Folger Avenue 1.00 151 17 Folger Avenue 1.00 110 19 Folger Avenue 1.00 42 21 Folger Avenue 1.00 41 22 Folger Avenue 0.99 174 2 Field Avenue 0.82 171 4 Field Avenue 0.82 170 6 Field Avenue 0.82 167 8 Field Avenue 0.82 164 10 Field Avenue 0.82 159 11 Field Avenue 1.00 161 12 Field Avenue 1.00 158 14 Field Avenue 1.00 156 15 Field Avenue 1.00 (also shown as 14 Folger Avenue) 155 16 Field Avenue 1.00 150 17 Field Avenue 0.99 152 18 Field Avenue 1.00 109 19 Field Avenue 0.99 149 20 Field Avenue 1.01 108 22 Field Avenue 1.00 40 24 Field Avenue 1.00 Page 36 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 31 (Zoning Map Change: Bartlett Farm Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following parcels of land, now located in the Limited Use General-2 (LUG-2) zoning district to the Residential-Commercial-2 (RC-2) zoning district: • 5 Bartlett Farm Road-Assessor’s Map 65-parcel 14; • 7 Bartlett Farm Road-Assessor’s Map 65-parcel 15; • Bartlett Farm Road-Assessor’s Map 65-parcel 15.1; • Portion of land shown as Assessor’s Map 66-parcel 134 bounded approximately • 100 feet by Smooth Hummocks Road (aka Somerset Road), 1,450 feet by Bartlett Farm Road, 100 feet by a line perpendicular to Bartlett Farm Road and 1,450 feet by a line running parallel to the easterly side line of Bartlett Farm Road, and; • Portions of Bartlett Farm Road and Smooth Hummocks Road; all as shown on a map entitled “Proposed Rezoning of Cisco Brewery Property and other land-Bartlett Farm Road” dated January 2004, filed at the office of the Town Clerk. (Board of Selectmen for Dean and Melissa Long, et al) PLANNING BOARD MOTION: Moved that the “Zoning Map of Nantucket, Massachusetts” dated February 24, 1972, as amended from time to time thereafter and on file in the office of the Town Clerk is hereby amended by changing the existing zoning district from Limited Use General-2 to Residential Commercial-2 on the following parcels of land: • 5 Bartlett Farm Road-Assessor’s Map 65-parcel 14; • 7 Bartlett Farm Road-Assessor’s Map 65-parcel 15; • Bartlett Farm Road-Assessor’s Map 65-parcel 15.1; • Portion of land shown as Assessor’s Map 66-parcel 134 bounded approximately 100 feet by Smooth Hummocks Road (aka Somerset Road), 1,450 feet by Bartlett Farm Road, 100 feet by a line perpendicular to Bartlett Farm Road and 1,450 feet by a line running parallel to the easterly side line of Bartlett Farm Road, and; • Portions of Bartlett Farm Road and Smooth Hummocks Road; all as shown on a map entitled “Proposed Rezoning of Cisco Brewery Property and other land-Bartlett Farm Road” dated January 2004, filed at the office of the Town Clerk. ARTICLE 32 (Zoning Map Change: Vicinity of Bartlett Farm Road) To see if the Town will vote to amend the Zoning Map of Nantucket, Massachusetts, dated February 24, 1972, as amended, by placing the following land, now situated in the Limited Use General 2 zoning district, in the Residential Commercial zoning district: Assessor’s Parcels 65-14, 65-15, and 65-15.1; and that portion of Assessor’s Parcel 66-34 which lies within 100 feet of the easterly side line of Bartlett Farm Road. (Melissa and Dean Long, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. Page 37 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 33 (Zoning Map Change: Vicinity of Macy Lane) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket as adopted in 1972 and amended by placing the following properties, all currently located in the Limited-Use-General-2 Zoning District to the Residential- Commercial-2 Zoning District Assessor’s Map Parcel Address Area (in acreage) 68 54 35 Macys Lane 0.82 55 35 Macys Lane 0.86 2 parcels with 1.68 acres (Raymond Conlon, et al) PLANNING BOARD MOTION: Moved that the “Zoning Map of Nantucket, Massachusetts” dated February 24, 1972, as amended thereafter from time to time and on file in the office of the Town Clerk is hereby amended by changing the existing zoning district from Limited Use General-2 to Residential Commercial-2 on the following parcels of land: Assessor’s Map Parcel Address Area (in acreage) 68 54 35 Macys Lane 0.82 55 35 Macys Lane 0.86 ARTICLE 34 (Zoning Map Change: Vicinity of New Lane) To see if the Town will vote to amend the “Zoning Map of the Town of Nantucket, Massachusetts” dated February 24, 1972, as amended and on file in the office of the Town Clerk, by changing the zoning district of the following properties, all currently located in the Residential-2 (R-2) Zoning District, to the Residential-1 (R-1) Zoning District: Assessor’s Map Parcel Address 41 395.1 24A New Lane 395.2 24B New Lane 394 14 Grove Lane 442 16 Grove Lane 392 26 New Lane 384 30 New Lane 385.1 32 New Lane 385 48 West Chester Street 382 50 West Chester Street 381 52 West Chester Street 378 54 West Chester Street 383 1 Wyers Way 380 3 Wyers Way 379 5 Wyers Way all as shown on a map entitled “Proposed Rezoning of a Portion of the West side of New Lane, Nantucket” dated December, 2003, filed herewith at the office of the Town Clerk. (Lawrence W. Keith, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. Page 38 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 35 (Zoning Bylaw Amendment: Intensity of Development) To see if the Town will vote to amend Chapter 139 of the Code of the Town of Nantucket (the Zoning Bylaw) by adding new language in part of Section 7 (proposed new language is underlined): Sec. 139-7 F(7)c[1][d] Intensity of Development -------“As part of the MRD design review process, the Planning Board may consider, where it deems appropriate, waiver of the front yard setback requirement within the applicable zone, to within one (1) foot of the front property line, and waiver by up to one hundred percent (100%) of the side and rear lot line setbacks; provided that in either case, the Planning Board finds that such a change will not have an adverse effect on the neighborhood and will promote the purposes and intent of this section.” (Jeffrey Kaschuluk, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) §139-7F(7)c[1][d] (Intensity of development) of the Code of the Town of Nantucket is hereby amended as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strikeout; these methods used to denote changes are not meant to become part of the final text): As part of the MRD design review process, the Planning Board may consider, where it deems appropriate, waiver of the front yard setback requirement within the applicable zone, to within one (1) foot of the front property line, and waiver by up to one hundred percent (100%) of the side and rear lot line setbacks; provided that in either case, the Planning Board finds that such a change will not have an adverse effect on the neighborhood and will promote the purposes and intent of this section. ARTICLE 36 (Zoning Bylaw Amendment: Subdivision of Secondary Dwellings for Year-round Housing) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, by adding the following new §139-7.H., or to take any other action relative thereto: H. Special Permit To Create Secondary Residential Lots for Year-Round Residents (1) Purpose: To create, make available and maintain housing that is affordable to those who earning at or below 80% of the Nantucket County median household income; to help those people or households to continue to reside on Nantucket if they wish to do so; to generate and preserve affordable housing in the Town of Nantucket in perpetuity, all in order to maintain Nantucket’s diversity and unique sense of community. (2) Definitions: Nantucket Housing Needs Covenant – Ownership Form: Shall mean a covenant affecting the title to real property, created pursuant to Chapter 100 of the Code of the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and ownership of real property not held as a condominium (the “NHNC- Ownership Form”). Original Lot: Shall mean an existing lot, conforming to the dimensional requirements of subsection (3)(e) hereof, and other applicable requirements hereof, dividable into a Primary Lot and a Secondary Lot pursuant to this Section 139-7.H. Primary Lot: Shall mean the larger of the lots created by the division of the Original Lot under this Section 139- 7.H. Page 39 2004 Annual Town Meeting Warrant with Finance Committee Recommendations Secondary Lot: Shall mean the smaller of the lots created by the division of the Original Lot under this Section 139-7.H. The Secondary Lot shall be subject to an NHNC-Ownership Form. (3) As authorized by M.G.L. c. 40A, §9, paragraph 2, the Planning Board as special permit granting authority, in its discretion, pursuant to and subject to this Section 139-7.H, may issue a special permit, with conditions, authorizing the division of the Original Lot into a Primary Lot and a Secondary Lot, which special permit may include approval and endorsement of a plan not requiring approval under the subdivision control law as such plan is defined and described in M.G.L. c.41 §81P, provided the following requirements and/or conditions shall apply to all applications for relief hereunder and all special permits granted hereunder, as the case may be: (a) The Original Lot shall not be subject to any covenants, restrictions or similar encumbrances, whether appearing in a deed, easement, land-use permit or any other instrument or document, prohibiting the placement, use or occupancy of second dwellings on said Original Lot. (b) The Secondary Lot shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of the Secondary Lot, and any occupant of any dwelling erected thereon, shall earn at or below 80% of the Nantucket County median household income. (c) No more than one dwelling shall be permitted on the Primary Lot. (d) No more than one dwelling shall be permitted on the Secondary Lot. (e) The minimum area for the Original Lot, the Primary Lot and the Secondary Lot shall be as follows: Zoning District Minimum Original Lot Size (§139-16A) Minimum Secondary Lot Size Minimum Primary Lot size LUG-1 40,000 10,000 30,000 LUG-2 80,000 20,000 60,000 LUG-3 120,000 30,000 90,000 R-10 10,000 4,000 6,000 R-2 / SR-2 20,000 6,000 14,000 R-1 / SR-1 5,000 2,000 3,000 ROH / SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 MMD (not applicable - secondary dwellings not allowed) (f) The Primary Lot and the Secondary Lot shall comply with the ground cover, front setback, side setback and rear setback requirements of the underlying zoning district. (g) The Primary Lot and the Secondary Lot each must have a minimum of 20 feet of frontage. (h) Neither the Primary Lot nor the Secondary Lot shall have a separate vehicular access driveway, but shall share a single access driveway to a roadway. No more than one Primary Lot and one Secondary Lot shall share a single access driveway with any other Primary Lot or Secondary Lot. The Planning must be provided with an instrument, in recordable form, evidencing the common access rights to said access in accordance with this subsection. (i) Where a Primary Lot and a Secondary Lot derive from the same Original Lot, the relationship of the dwelling situated on that Primary Lot and the dwelling situated on that Secondary Lot shall be maintained in accordance with the intent of Section 139-7 A.(2), and the specific requirements of Section 139-7A.(2) (a), (b), (d), (e), and (h) with regard to the use and appearance of those respective dwellings. (j) A certificate of appropriateness required in Section 139-26(C)(1) of the Code of the Town of Nantucket shall be an application requirement for a special permit under this Section 139-7.H. Page 40 2004 Annual Town Meeting Warrant with Finance Committee Recommendations (4) This Section 139-7.H shall not apply to Major Commercial Developments, Section 139-11 of the Code of the Town of Nantucket. (Board of Selectmen for Nantucket Housing Office) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket is hereby amended by adding the following new Section 139-7.H: H. Special Permit To Create Secondary Residential Lots for Year-Round Residents (1) Purpose: To create, make available and maintain housing that is affordable to those who earn at or below 80% of the Nantucket County median household income; to help those people or households to continue to reside on Nantucket if they wish to do so; to generate and preserve affordable housing in the Town of Nantucket in perpetuity, all in order to maintain Nantucket’s diversity and unique sense of community. (2) Definitions: Nantucket Housing Needs Covenant – Ownership Form: Shall mean a covenant affecting the title to real property, created pursuant to Chapter 100 of the Code of the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and ownership of real property not held as a condominium (the “NHNC-Ownership Form”). Original Lot: Shall mean an existing lot, conforming to the dimensional requirements of subsection (3)(e) hereof, and other applicable requirements hereof, dividable into a Primary Lot and a Secondary Lot pursuant to this Section 139-7.H. Primary Lot: Shall mean the larger of the lots created by the division of the Original Lot under this Section 139-7.H. Secondary Lot: Shall mean the smaller of the lots created by the division of the Original Lot under this Section 139-7.H. The Secondary Lot shall be subject to an NHNC-Ownership Form. (3) As authorized by M.G.L. c. 40A, §9, paragraph 2, the Planning Board as special permit granting authority, in its discretion, pursuant to and subject to this Section 139-7.H, may issue a special permit, with conditions, authorizing the division of the Original Lot into a Primary Lot and a Secondary Lot, which special permit may include approval and endorsement of a plan not requiring approval under the subdivision control law as such plan is defined and described in M.G.L. c.41 §81P, provided the following requirements and/or conditions shall apply to all applications for relief hereunder and all special permits granted hereunder, as the case may be: (a) The Original Lot shall not be subject to any covenants, restrictions or similar encumbrances, whether appearing in a deed, easement, land-use permit or any other instrument, pertaining to the placement, use or occupancy of second dwellings on said Original Lot. (b) The Secondary Lot shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of the Secondary Lot, and any occupant of any dwelling erected thereon, shall earn at or below 80% of the Nantucket County median household income. (c) No more than one dwelling shall be permitted on the Primary Lot. (d) No more than one dwelling shall be permitted on the Secondary Lot. Page 41 2004 Annual Town Meeting Warrant with Finance Committee Recommendations (e) The minimum area for the Original Lot, the Primary Lot and the Secondary Lot shall be as follows: Zoning District Minimum Original Lot Size (§139-16A) Minimum Secondary Lot Size Minimum Primary Lot size LUG-1 40,000 15,000 25,000 LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-10 10,000 4,000 6,000 R-2 / SR-2 20,000 8,000 12,000 R-1 / SR-1 5,000 2,000 3,000 ROH / SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 (f) The Primary Lot and the Secondary Lot shall comply with the ground cover, front setback, side setback and rear setback requirements of the underlying zoning district, with the exception that the ground cover ratio solely for a Secondary Lot in the R-1 zoning district shall be 36%. (g) The Primary Lot and the Secondary Lot each must have a minimum of 20 feet of frontage. (h) Neither the Primary Lot nor the Secondary Lot shall have a separate vehicular access driveway, but shall share a single access driveway to a roadway. No more than one Primary Lot and one Secondary Lot shall share a single access driveway with any other Primary Lot or Secondary Lot. The Planning must be provided with an instrument, in recordable form, evidencing the common access rights to said access in accordance with this subsection. (i) Where a Primary Lot and a Secondary Lot derive from the same Original Lot, the relationship of the dwelling situated on that Primary Lot and the dwelling situated on that Secondary Lot shall be maintained in accordance with the intent of Section 139-7 A.(2), and the specific requirements of Section 139-7A.(2) (a), (b), (d), (e), and (h) with regard to the use and appearance of those respective dwellings. (j) A certificate of appropriateness required in Section 139-26(C)(1) of the Code of the Town of Nantucket shall be an application requirement for a special permit under this Section 139-7.H. (4) This Section 139-7.H shall not apply to Major Commercial Developments, (Section 139-11); Cluster Developments (Section 139-7B); Major Residential Developments (Section 139-7D); and are not permitted in the following zoning districts: Multi-family Overlay (MF); Residential Commercial Downtown (RCDT); Moorlands Management (MMA); Special Academy Hill (AHD); Special Our Island Home (OIH); and Assisted / Independent Living Community District (ALC). (5) Section 139-16D, Regularity formula, shall not apply to this Section 139-7H. (6) No more than 12 Secondary Lots may be approved by the Planning Board within each Calendar Year, of which no more than two shall be approved for a single applicant. Page 42 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 37 (Zoning Bylaw Amendment: Mixed-Income Residential Development) To see if the Town will vote to amend Sections 139-7 and 139-30 of the Code of the Town of Nantucket, or to take any other action relative thereto: FIRST, add the following bylaw to Section 139-7: 139-7H. Mixed-Income Residential Development (MIRD) Special Permit (1) The purpose of this bylaw is to encourage the creation of affordable houses on Nantucket by giving landowners the option of subdividing their land shown on a conventional or cluster subdivision plan so as to create a Mixed-Income Residential Development (MIRD). For each lot that is allowed to have a second dwelling, the MIRD subdivision allows the second-dwelling right to be converted into an additional, separately owned "bonus" lot carrying an affordable housing covenant. (All affordable lots are "bonus" lots.) The affordable lots and an equal number of market-rate lots are restricted to one dwelling per lot. The total number of houses allowed in the MIRD subdivision is the same as the total number allowed on the land being subdivided. (2) The following definitions apply to this Section 139-7H: Affordable Lot: a buildable lot designated on a MIRD Plan as a Middle-Income Lot or a Low-Moderate-Income Lot Cluster development: a subdivision created pursuant to Section 139-7B Conventional subdivision: a subdivision that conforms or once conformed to the intensity regulations of Section 139- 16 Low-Moderate-Income Covenant: a Nantucket Housing Needs Covenant (Fee Simple Absolute Form--Low-to- Moderate Income) as defined in Chapter 100 of the Code of the Town of Nantucket Low-Moderate-Income Lot: a buildable lot on a MIRD Plan that Is required to be subject to a Low-Moderate-Income Covenant Market-Rate Lot: a buildable lot on a MIRD Plan that is not an Affordable Lot Middle-Income Covenant: a Nantucket Housing Needs Covenant (Fee Simple Absolute Form--Middle Income) as defined in Chapter 100 of the Code of the Town of Nantucket Middle-Income Lot: a buildable lot on a MIRD Plan that is required to be subject to a Middle-Income Covenant MIRD Plan: a subdivision plan that is created by subdividing land pursuant to this Section 139-7H Nantucket affordable housing program: the Nantucket Housing Needs Covenant Program set forth in Chapter 100 of the Code of the Town of Nantucket Original Lots: the buildable lot or lots on an Original Plan that are being subdivided to create a MIRD Plan Original Plan: an AR or ANR plan endorsed or otherwise approved by the Planning Board showing a conventional subdivision or a cluster development with at least one Original Two-Dwelling Lot, except that neither a previously created MIRD Plan nor a plan created pursuant to Section 139-7F (Major Residential Development) shall qualify as an Original Plan Original Two-Dwelling Lot: an Original Lot on which two dwellings legally can be built, such determination to be made with regard to the provisions of this zoning bylaw, applicable special permits and variances, deed restrictions and other documents of record, health regulations, and restrictions mandated by the Planning Board (3) By grant of special permit the Planning Board may allow creation of a MIRD subdivision as provided in this Section 139-7H. (4) Any number of Original Lots, whether or not in common ownership, may be subdivided to create a MIRD Plan. Non-buildable lots on the Original Plan shall not be included in the land being subdivided. Page 43 2004 Annual Town Meeting Warrant with Finance Committee Recommendations (5) The number of Market-Rate Lots shall equal the number of Original Lots. Market-Rate Lots shall be designated as such on the MIRD Plan. (6) The number of Affordable Lots may be any number that is at least 20% but not more than 100% of the number of Original Two-Dwelling Lots. (A fraction of a lot shall be counted as a whole lot.) (7) The number of Middle-Income Lots and Low-Moderate-Income Lots shall be determined as follows: (a) A number of buildable lots that is at least one-fourth (1/4) the number of Affordable Lots shall be designated as Low-Moderate-Income Lots. (A fraction of a lot shall be counted as a whole lot.) (b) Affordable Lots not designated as Low-Moderate-Income Lots shall be designated as Middle-Income Lots. (8) Affordable Lots shall be restricted as follows: (a) Each Affordable Lot shall be made subject to the appropriate Nantucket Housing Needs Covenant prior to the issuance of a building permit for construction of a dwelling on that lot; except that an Affordable Lot on which there is a dwelling existing at the time of the Planning Board's endorsement of the MIRD Plan, or for which a building permit was issued prior to such endorsement, shall be made subject to the Covenant at or before the time of such endorsement. (b) The Planning Board, after consulting with the Nantucket Housing Authority or its designee, shall impose conditions in the MIRD special permit as necessary to ensure that each Affordable Lot will meet the requirements of the Nantucket affordable housing program. (9) The Affordable Lots and an equal number of Market-Rate Lots shall be restricted to one dwelling per lot and such restriction shall be noted on the MIRD Plan. (10) No office or studio, other than an office or studio within a dwelling, shall be built in a MIRD subdivision on a lot that is restricted to one dwelling. (11) Dimensional requirements for buildable lots on the MIRD Plan are as follows: (a) Frontage requirements: (i) The total frontage of buildable lots on the MIRD Plan shall be not less than the total frontage of the Original Lots. (ii) The frontage requirement for a two-dwelling lot shall be the frontage requirement for the Original Lots or the average frontage of the Original Lots, whichever is less. (iii) There shall be no frontage requirement for a one-dwelling lot; however, the Planning Board shall impose easements, design standards, and/or other conditions as necessary to ensure adequate access and utility service to such lot. (b) The ground cover ratio for lots on the MIRD Plan shall be the same as that for the Original Lots. Page 44 2004 Annual Town Meeting Warrant with Finance Committee Recommendations (c) If the Original Plan is a conventional subdivision, the lots on the MIRD Plan shall conform to the dimensional requirements in the following table. One-dwelling minimum lot size Two-dwelling minimum lot size Front setback Side/rear setback MMD 3 acres 8 acres 30 10 LUG-3 36,000 96,000 15 10 LUG-2 24,000 64,000 15 10 LUG-1 14,000 32,000 15 10 R-2 8,000 16,000 15 5 R-10 4,000 8,000 15 5 R-1, ROH, RC, RC-2, LC 2,000 4,000 10 5 (d) If the Original Plan is a cluster development, the lots on the MIRD Plan shall conform to the dimensional requirements in the following table; except that any reduction of side or rear setbacks pursuant to Section 139- 7B(3)(a) shall apply to the MIRD lots. One-dwelling minimum lot size Two-dwelling minimum lot size Front setback Side/rear setback MMD 9,000 18,000 30 10 LUG-3 4,500 9,000 15 10 LUG-2 4,500 9,000 15 10 LUG-1 4,500 9,000 15 10 R-2 2,250 4,500 15 5 R-10 1,800 3,600 15 5 R-1, ROH, RC, RC-2, LC 1,600 3,200 10 5 (12) Whenever a proposed MIRD Plan shows one or more one-dwelling lots with less frontage than the frontage requirement for a two-dwelling lot (see paragraph (11)(a)(ii)), the Planning Board in its discretion may require modification of the plan, siting of dwellings, and/or other conditions that will result in an appropriate placement of dwellings on such one-dwelling lots. (13) The Planning Board in its discretion may require that a MIRD subdivision shall have common driveways subject to the requirements of Section 139- 20.1B(3). (14) Market-Rate Lots on the MIRD Plan shall be subject to any provisions of Section 139-24A (phased development) that may apply to the Original Lots. Affordable Lots shall be exempt from such provisions. (15) Lots on a MIRD Plan cannot be further subdivided except for minor lot-line adjustments and such limitation on subdivision shall be noted on the MIRD Plan. (16) Nothing in this bylaw shall be construed to affect the applicability of the Planning Board's Rules and Regulations Governing the Subdivision of Land. (17) Nothing in this bylaw shall be construed to prohibit the voluntary imposition of a Nantucket Housing Needs Covenant on a Market-Rate Lot. (18) Except as stated above, all other provisions of this zoning bylaw shall be applicable to a MIRD subdivision. Page 45 2004 Annual Town Meeting Warrant with Finance Committee Recommendations SECOND, in Section 139-30A (Special Permits), after the text "139-7(b)" insert: "for Mixed-Income Residential Developments pursuant to Section 139-7H,". Comment: If a developer wished to convert his 10-lot, 20-house subdivision into a MIRD subdivision with the maximum number of lots allowed under this bylaw, he could get 10 affordable ("bonus") lots and 10 market-rate lots, a total of 20 lots, all of which would be restricted to one dwelling per lot. One-fourth of the 10 affordable lots, or 3 lots, would be in the low-moderate-income program; the other 7 affordable lots would be in the middle-income program. If the developer instead wished to have only 3 affordable lots, he could designate one lot as a low-moderate-income lot, 2 lots as middle-income lots, and 10 lots as market-rate lots. All 3 affordable lots would be restricted to one dwelling each, as would be 3 of the market-rate lots. The remaining 7 market-rate lots each would have 2 dwellings, for a total of 13 lots and 20 houses in the MIRD subdivision. One need not be a developer to take advantage of this bylaw. A single two-dwelling lot can be subdivided into a market-rate lot and a low-moderate-income lot. (C. Richard Loftin, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 38 (Zoning Bylaw Amendment: Major Commercial Developments) To see if the Town will vote to amend Section 139-11K of the Nantucket Zoning Bylaw (Major Commercial Development MCD), or to take any other action relative thereto. FIRST, change the heading of Section 139-11K by replacing “Temporary cap” with “Cap”. SECOND, delete Section 139-11K(2) in its entirety. (C. Richard Loftin, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-11K (Major Commercial Development MCD) is hereby amended as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strikeout; these methods used to denote changes are not meant to become part of the final text): K. Temporary cCap on retail MCD’s (1) Except in the Mid-Island Planned Overlay District (MIPOD), A a Special Permit shall not be granted for: (a) A new major commercial development which is devoted primarily to retail use and which has 20,000 square feet or more of gross floor area of commercial use, including roofed-over storage areas. (b) Expansion of an existing commercial development whenever the expanded portion of the development, added together starting from the effective date of this § 139-11K is devoted primarily to retail use and has 10,000 s.f. or more of gross floor area of commercial use, including roofed-over storage areas. (2) The provisions of this § 139-11K shall expire on December 31, 2006, unless extended by vote of Town Meeting. Page 46 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 39 (Zoning Bylaw Amendment: Studio Definition) To see if the Town will vote to amend Chapter 139 of the Code of the Town of Nantucket (Zoning) as follows (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): Chapter 139-2. Definitions and word usage. A. Definitions. STUDIO – A building or a room or rooms where an artist, artisan, photographer or the like does his or her work. A building or a room or rooms intended for creative uses and not for human habitation, which shall not exceed eight hundred (800) square feet, which shall have no more than one (1) watercloset and one (1) basin, and which shall not have kitchen appliances, as defined in the Department of Public Health State Sanitary Code. (Dorothy Vollans, et al) PLANNING BOARD MOTION: Due to a tie (2-2) vote the report of the Planning Board is that it does not have a Motion for this Article. ARTICLE 40 (Zoning Bylaw Amendment: Setback Intrusions) To see if the Town will vote to amend Chapter 139 (Zoning), Section 16C (Intensity regulations) sub-section (2) of the Code of the Town of Nantucket as follows: Delete the following language shown underlined: (2) The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that it shall first find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the intruding structure was so sited after 1990, the siting of the structure was reasonably based upon a licensed survey. See §139-28B(1)(c) limitation. The section would then read: (2) The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that it shall first find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the intruding structure was so sited after 1990, the siting of the structure was reasonably based upon a licensed survey. And: Delete Section 139-28B(1)(c) in its entirety. (Linda F. Williams, et al) Page 47 2004 Annual Town Meeting Warrant with Finance Committee Recommendations PLANNING BOARD MOTION: Moved that Chapter 139 of the Code of the Town of Nantucket (Zoning) §16C (Intensity Regulations) is hereby amended as follows (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): (2) The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that it shall first find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the intruding structure was so sited after 1990, the siting of the structure was reasonably based upon a licensed survey. See §139-28B(1)(c) limitation. ARTICLE 41 (Zoning Bylaw Amendment: Permitted Uses) To see if the Town will vote to amend Chapter 139 (Zoning), Section 7A (2) (Permitted uses) sub-section (b) of the Code of the Town of Nantucket as follows: Delete the following sub-section in its entirety: (b) The secondary dwelling shall be sited with: at least a twelve-foot scalar separation from the principal dwelling and as shown by the certificate of appropriateness required in Section 139-26C(1) below. Such a deletion would require the re-codification of Section 139-7A(2) subsections (c) – (i) to read (b) – (h), with (a) remaining unchanged. (Linda F. Williams, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 42 Zoning Bylaw Amendment: Public Wellhead Recharge District) To see if the Town will vote to amend Chapter 139 of the Code of the Town of Nantucket (Zoning) as follows (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): Chapter 139, Section 12B, The Public Wellhead Recharge District, (1) Permitted uses: (b) Incidental on-site lawn and garden fertilizing and pest control normally considered accessory to residential or business uses shall be used in accordance with manufacturer’s label instructions and stored so as to prevent the generation and escape of contaminated runoff or leachate; however, storage of greater than 100 pounds of pesticides and/or herbicides on any parcel under single ownership is prohibited. Application of pesticides and herbicides in attached-multi-family- residential or commercial zones shall be by a licensed applicator only and in accordance with an approved integrated pesticide and nutrient management plan. (c) Storage of home or business fuel intended to be consumed on site for space heating, hot water heating, cooking purposes and contained in tanks not exceeding 1,000 gallons provided that the design and installation of said tanks is reviewed and approved by the Health Inspector and the Fire Chief in accordance with applicable health and fire safety regulations. Any permitted fuel storage shall be free-standing and provided with 110 percent of storage secondary containment, regardless of size. Page 48 2004 Annual Town Meeting Warrant with Finance Committee Recommendations (d) Road or site construction (other than building foundations) which does not result in permanent earth removal within four (4) five (5) feet of historical high water table. (f) Normal operation and maintenance of existing water bodies and dams, drainage and other structures for water control, water supply, drainage, farming and conservation purposes. (g) Residential development, subject to Prohibited Uses and Special Permit Uses, including equivalent groundwater recharge and nutrient loading to all waters and wetlands of Nantucket. (h) Construction, maintenance, repair and enlargement of drinking water supply related facilities including wells, watermains, pumping station and treatment facilities. Chapter 139, Section 12B, The Public Wellhead Recharge District, (2) Prohibited Uses: (b) The manufacture, use, pipeline transport, storage, disposal or treatment of hazardous or toxic materials, except as noted in Subsection (1)(b), (c), (d) and (e) above. The storage of liquid hazardous materials, as defined in M.G.L. Chapter 21E and/or liquid petroleum products is prohibited unless such storage is: (i) above ground level, and (ii) on an impervious surface; and either [a] in container(s) or above-ground tank(s) within a building, or [b] outdoors in covered container(s) or above-ground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container’s storage capacity, whichever is greater; however, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline provided the replacement is performed in a manner consistent with state and local requirements. (g) On-site disposal of wastewater exceeding 2,000 gallons per day per project or per parcel. Such prohibited disposal shall include any discharge, deposit, injection, dumping, spilling, leaking or placing so that waste may enter the ground or surface water. (h) Road salt storage. Storage and application of deicing chemicals, excluding application of calcium chloride to public and private roadways. Storage of sodium chloride chemically treated abrasives or other chemicals used for removal of ice and snow on traveled surfaces, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate. (j) Public or private sewerage treatment facilities in excess of 2,000 gallons per day per project or per parcel. Such prohibited uses shall include any discharge, deposit, injection, dumping, spilling leaking or placing so that waste may enter ground or surface waters. (q) Stockpiling and disposal of snow and/or ice containing deicing chemicals if brought from outside the Zone II which contains de-icing materials Public Wellhead Recharge District. (s) All Lland uses, buildings, and accessory structures, that result in rendering impervious more than 15% or 2,500 square feet of any lot, whichever is greater, unless a system for artificial recharge of 95 percent of annual precipitation is provided that will not result in the degradation of groundwater quality. Evidence of groundwater protection shall include a demonstrated history of treatment effectiveness of the proposed design/treatment technology, and regular, long term monitoring of on-site, post development groundwater quality for potential pollutants. [1] For nonresidential uses, rRecharge shall be by open stormwater infiltration basins or similar system covered with natural vegetation, and d.Dry wells shall be used only where other methods are infeasible.shall be allowed only by special permit where open stormwater infiltration has been proven to be technically infeasible. For all nonresidential uses, a All such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contamination. Any and Page 49 2004 Annual Town Meeting Warrant with Finance Committee Recommendations all recharge areas shall be permanently maintained in full working order by the owner. (t) [1] Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater or surface water. [2] Treatment or disposal works subject to 314 CMR 5.0 for wastewater other than sanitary sewage. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) Title 5, except the following: (i) publicly owned treatment works (POTWs). Individual sewage disposal systems handling more than 110 gallons per day per 10,000 square feet of land area. [3] Facilities that generate, treat, store or dispose of hazardous waste that are subject to M.G.L. Chapter 21C and 310 CMR 30 except for the following: (i) very small quantity generators as defined under 310 CMR 30.00, (ii) house hazardous waste centers and or events operated pursuant to 310 CMR 30.390, or (iii) waste oil retention facilities required by G.L. c. 21, sec 52A. (u) Any floor drainage systems in existing facilities, in industrial or commercial process areas, or in hazardous material and/or hazardous waste storage areas, which discharge to ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the State Plumbing Code, 248 CMR 2.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies. (v) The removal of soil, loam, sand, gravel or any other mineral substances within six (6) feet of the historical high ground water table elevation (as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey), except for excavations for the construction of building foundations or the temporary excavation for installation of utility works, but not excepting the construction of roads or driveways, or stormwater disposal facilities (w) Solid waste combustion facilities or handling facilities as defined at 310 CMR 16.00 (Cormac Collier, et al) PLANNING BOARD MOTION: Moved that Chapter 139 of the Code of the Town of Nantucket (Zoning) §12B (Public Wellhead Recharge District) is hereby amended as follows (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): (1) Permitted uses: (c) Storage of home or business fuel intended to be consumed on site for space heating, hot water heating and cooking purposes and contained in tanks not exceeding 1,000 gallons, provided that the design and installation of said tanks is reviewed and approved by the Health Inspector and the Fire Chief in accordance with applicable health and fire safety regulations. Any permitted fuel storage shall be free-standing and provided with 110 percent of storage secondary containment, regardless of size. For the purposes of this Section 139-12B, the term “fuel” shall not include liquid propane gas. (f) Normal operation and maintenance of existing water bodies and dams, drainage and other structures for water control, water supply, drainage, farming and conservation purposes. (g) Construction, maintenance, repair and enlargement of drinking water supply related facilities including wells, watermains, pumping station and treatment facilities. Page 50 2004 Annual Town Meeting Warrant with Finance Committee Recommendations (2) Prohibited uses: (b) The manufacture, use, pipeline transport, storage, disposal or treatment of hazardous or toxic materials, except as noted in Subsection (1)(b), (c), (d) and (e) above. The storage of liquid hazardous materials, as defined in M. G. L. Chapter 21E and/or liquid petroleum products is prohibited unless such storage is: (i) above ground level, and (ii) on an impervious surface; and either [a] in container(s) or above-ground tank(s) within a building, or [b] outdoors in covered container(s) or above-ground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container’s storage capacity, whichever is greater; however, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline provided the replacement is performed in a manner consistent with state and local requirements. For the purposes of this Section 139-12B, the term “liquid hazardous material” shall not include liquid propane gas. (q) Stockpiling and disposal of snow and/or ice containing deicing chemicals if brought from outside the Zone II which contains de-icing materials Public Wellhead Recharge District. (s) All Lland uses, buildings, and accessory structures, that result in rendering impervious more than 15% or 2,500 square feet of any lot, whichever is greater, unless a system for artificial recharge of 95 percent of annual precipitation is provided that will not result in the degradation of groundwater quality. The Planning Board may require that an applicant provide evidence of groundwater protection which may include a demonstrated history of treatment effectiveness of the proposed design/treatment technology, and it may require monitoring of on-site, pre- and post-development groundwater quality for potential pollutants. (t) [1] Treatment or disposal works subject to 314 CMR 5.0 for wastewater other than sanitary sewage. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) Title 5, except the following: (i) publicly owned treatment works (POTWs), (ii) individual sewage disposal systems handling more than 110 gallons per day per 10,000 square feet of land area that otherwise complies with Title 5. [2] Facilities that generate, treat, store or dispose of hazardous waste that are subject to M.G.L. Chapter 21C and 310 CMR 30 except for the following: (i) very small quantity generators as defined under 310 CMR 30.00, (ii) household hazardous waste centers and or events operated pursuant to 310 CMR 30.390, or (iii) waste oil retention facilities required by G. L. c. 21, sec. 52A. (u) Any floor drainage systems in existing facilities, in industrial or commercial process areas, or in hazardous material and/or hazardous waste storage areas, which discharge to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the State Plumbing Code, 248 CMR 2.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies. (v) Solid waste combustion facilities or handling facilities as defined at 310 CMR 16.00 PLANNING BOARD COMMENT: The Planning Board supports the need for a Public Wellhead Recharge District that is based on the most current technology, science, and regulatory policy of the Commonwealth. The Page 51 2004 Annual Town Meeting Warrant with Finance Committee Recommendations amendments proposed by the proponent that are not now recommended may have merit, but require more study. The Planning Board intends to convene a work group comprised of Town and NP&EDC staff, Wannacomet Water Company representatives, technical consultants, and non-profit environmental groups, among others, for the purpose of developing further constructive amendments to this Bylaw. ARTICLE 43 (Zoning Bylaw Amendment: Prohibited Uses/Removal of Native Vegetation) To see if the Town will vote to amend Chapter 139-7 of the Code of the Town of Nantucket (Zoning) 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): 139-7 E. Prohibited uses in all districts. Not withstanding any other provisions of this chapter, the following uses shall be prohibited. (6) Removal of more than seventy percent of existing native vegetation of the total upland area of any lot (except in the R1, ROH, RC, LC districts). This shall not prevent the removal of dead, diseased or damaged trees, or exotic species listed in the Town of Nantucket Wetland Protection Regulation 5.02 (2)(3)(4). (Cormac Collier, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 44 (Zoning Bylaw Amendment: Major Site Plan Review for Not-for-profit Uses) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-23 (Site Plan Review), 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 be part of the final text): D. Major and minor site plan review. A major site plan review shall be required in connection with any use requiring a special permit for a major commercial development (MCD) special permit by the Planning Board pursuant to (139-11) of the Zoning Code and MMD, an adult use, and WECS, or not-for-profit use or uses, which meet in the aggregate, any one or more of the criteria listed in 139-11B (1) through (8) inclusive, special permits, and ALC use and special permits pursuant to 139-14C. Such major SPR shall be reviewed concurrent with such special permit pursuant to 139-30, when applicable. A minor site plan review shall be required for all those uses not requiring an MCD, MMD and WECS special permit, and not specifically exempted pursuant to 139-23C of the Zoning Code. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved not to adopt the Article. Page 52 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 45 (Zoning Bylaw Amendment: Driveway Access) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, by revising §139- 20.1B(2)(h) (Minimum driveway standards associated with driveway accesses) as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strikeout; these methods used to denote changes are not meant to become part of the final text): Amend the list of streets in subsection (h) by changing the references to Somerset Lane and Somerset Street so that the corrected reference reads as follows: Somerset Lane: between Friendship Lane and Vesper Lane Somerset Street Road: between Friendship Lane and Vesper Lane (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, is hereby amended by revising §139-20.1B(2)(h) (Minimum driveway standards associated with driveway accesses) as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strikeout; these methods used to denote changes are not meant to become part of the final text): Amend the list of streets in subsection (h) by changing the references to Somerset Lane and Somerset Street so that the corrected reference reads as follows: Somerset Lane: between Friendship Lane and Vesper Lane Somerset Street Road: between Friendship Lane and Vesper Lane ARTICLE 46 (Bylaw Amendment: Beaches, Regulation of Motor Vehicles on) To see if the Town will vote to amend Chapter 56 (Beaches, Regulations of Motor Vehicles on) 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): §56-7. Beach vehicle stickers, penalty. A. All funds generated from the sale of Town beach stickers shall be deposited in a separate revolving account pursuant to MGL c. 44 § 53E½, and used solely for the implementation and enforcement of this chapter and the cleaning, protection and conservation of beaches, maintenance of public access to beaches, the hiring and training of coastal resource personnel, purchase of equipment, education and training opportunities for beach users to be administered by the Board of Selectmen, and total funds to be expended shall not exceed collected revenue. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 56 (Beaches, Regulation of Motor Vehicles on) 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): §56-7. Beach vehicle stickers, penalty. A. All funds generated from the sale of Town beach stickers shall be deposited in a separate revolving account pursuant to MGL c. 44 § 53E½, and used solely for the implementation and enforcement of this chapter and the Page 53 2004 Annual Town Meeting Warrant with Finance Committee Recommendations cleaning, protection and conservation of beaches, maintenance of public access to beaches, the hiring and training of coastal resource personnel, purchase of equipment, education and training opportunities for beach users to be administered by the Board of Selectmen, and total funds to be expended shall not exceed collected revenue. ARTICLE 47 (Bylaw Amendment: Wharves and Waterways – Kiteboarding) To see if the Town will vote to amend Chapter 137 (Wharves and Waterways, Town) of the Code of the Town of Nantucket, to regulate kiteboarding, as follows: Add the following new language to Chapter 137: § 137-23. Water Kiteboarding A. No person shall engage in the business of renting to the public kiteboarding equipment to be used by such renter, within the waters of Nantucket for the activity of kiteboarding, and further no person shall engage in the business within the waters of Nantucket for the purposes of training, teaching, and/or coaching the activity of kiteboarding using actual kiteboards for use in the waters of Nantucket, without first having obtained a permit to do so from the Nantucket Board of Selectmen in compliance with this section and incompliance with all federal, state or local laws. B. “Kiteboarding” is the use of a kite utilizing wind and air to lift, provide power or energy to a harnessed rider/passenger who is equipped with a board for touch down, whether such board is formally a surfboard, kite board, wake board, or other stabilizing flat object , used for the recreational purposes of kiteboarding. C. Subject to such approvals of the Commonwealth as may be appropriate, the Board of Selectmen shall adopt rules and regulations and reasonable fees for the issuance of such licenses, renewals thereof and operation of licensees, including but not limited to: (1) Adequate insurance for the protection of the public; (2) An appropriately equipped chase boat required at all times; (3) Personal safety equipment for the safety of users of rented equipment; (4) Avoidance of interference with other water and harbor uses; (5) Loading and unloading of kiteboarding equipment. D. This bylaw may be enforced by any police officer, the harbormaster, or any of their designees, using non-criminal tickets pursuant to sections 1-2 through 1-6 of the Code of Nantucket. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 137 (Wharves and Waterways, Town) of the Code of the Town of Nantucket, to regulate kiteboarding, is hereby amended as follows: Add the following new language to Chapter 137: § 137-23. Water Kiteboarding A. No person shall engage in the business of renting to the public kiteboarding equipment to be used by such renter, within the waters of Nantucket for the activity of kiteboarding, and further no person shall engage in the business within the waters of Nantucket for the purposes of training, teaching, and/or coaching the activity of kiteboarding using actual kiteboards for use in the waters of Nantucket, without first having obtained a permit to Page 54 2004 Annual Town Meeting Warrant with Finance Committee Recommendations do so from the Nantucket Board of Selectmen in compliance with this section and incompliance with all federal, state or local laws. B. “Kiteboarding” is the use of a kite utilizing wind and air to lift, provide power or energy to a harnessed rider/passenger who is equipped with a board for touch down, whether such board is formally a surfboard, kite board, wake board, or other stabilizing flat object , used for the recreational purposes of kiteboarding. C. Subject to such approvals of the Commonwealth as may be appropriate, the Board of Selectmen shall adopt rules and regulations and reasonable fees for the issuance of such licenses, renewals thereof and operation of licensees, including but not limited to: (1) Adequate insurance for the protection of the public; (2) An appropriately equipped chase boat required at all times; (3) Personal safety equipment for the safety of users of rented equipment; (4) Avoidance of interference with other water and harbor uses; (5) Loading and unloading of kiteboarding equipment. D. This bylaw may be enforced by any police officer, the harbormaster, or any of their designees, using non-criminal tickets pursuant to sections 1-2 through 1-6 of the Code of Nantucket. ARTICLE 48 (Bylaw Amendment: Wharves and Waterways) To see if the Town will vote to amend Chapter 137 (Wharves and Waterways, Town) §137-3 (“Additional use regulations”) and §137-7 (“Abandonment of vessels, moorings, etc”) 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): §137-3. Additional use regulations. D. No vessel or watercraft of any kind whatsoever which is unseaworthy or in badly deteriorated condition or which is likely to injure a person or damage private or public property or which might become a menace to navigation shall be permitted to moor in town waters or tie up at the town wharves. The Harbor Master may determine whether any watercraft is unseaworthy, dangerous or in a badly deteriorated condition to render it unsafe. Upon making such a determination, the Harbor Master shall give notice to the owner, in writing, of such determination as follows: (a) if the owner is known, then by mail or hand-delivery; (b) if the owner is unknown, then by publication in a newspaper of general circulation within the town. If, after 10 days following the publication or written notice as provided in the preceding sentence, the owner has failed to remedy the conditions leading to the determination, the Harbor Master may take appropriate steps for removal of same. At any time, the Harbor Master, notwithstanding the foregoing, may act immediately in the event of an emergency to take appropriate steps for immediate removal of any watercraft that presents an eminent threat to life or property; provided, however, that as soon as practicable after taking such action, notice of the action taken shall be provided in the manner set forth in this section. If, after 90 thirty (30) days from the date of notice or publication, the owner of the removed vessel shall fail to reimburse the town for removal costs, the vessel may then, at the discretion of the Harbor Master, be sold at public auction to cover the costs of removal. If said auction produces surplus proceeds after payment of the costs of removal, said surplus shall be held in a separate account and be paid over to the owner upon proof of ownership. This shall not be deemed to apply to vessels in immediate distress as a result of current emergencies. Page 55 2004 Annual Town Meeting Warrant with Finance Committee Recommendations §137-7. Abandonment of vessels, moorings, etc. A. Except in a maritime emergency currently affecting those aboard or others in the immediate vicinity, no vessel, mooring or other object shall be deliberately abandoned, sunk or otherwise placed in waters within the Town of Nantucket where it may constitute a hazard. Any abandoned, sunk or improperly placed vessel, mooring or object so found and any vessel otherwise improperly secured, swamped, sunk, washed ashore or found in a restricted area may be ordered by the Harbor Master to be removed or relocated. The Harbor Master shall give notice to the owner, in writing, of his order as follows: (a) if the owner is known, then by mail or hand-delivery; (b) if the owner is unknown, then by publication in a newspaper of general circulation within the town. If, after ten (10) days following the publication or written notice as provided in the preceding sentence, the owner has failed to remedy the conditions leading to the order, the Harbor Master may take appropriate steps for removal or relocation of same. At any time, the Harbor Master, notwithstanding the foregoing, may act immediately in the event of an emergency to take appropriate steps for immediate removal or relocation of any watercraft that presents an imminent threat to life or property; provided, however, that as soon as practicable after taking such action, notice of the action taken shall be provided in the manner set forth in this section. If, after 90 thirty (30) days, the owner of the removed vessel shall fail to reimburse the town for removal or relocation costs, the vessel may then, at the discretion of the Harbor Master, be sold at public auction to cover the costs of removal or relocation. If said auction produces surplus proceeds after payment of the costs of removal, said surplus shall be held in a separate account and be paid over to the owner upon proof of ownership. (Board of Selectmen for Harbor & Shellfish Advisory Board) FINANCE COMMITTEE MOTION: Moved that Chapter 137 (Wharves and Waterways, Town) §137-3 (“Additional use regulations”) and §137-7 (“Abandonment of vessels, moorings, etc”) 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): §137-3. Additional use regulations. D. No vessel or watercraft of any kind whatsoever which is unseaworthy or in badly deteriorated condition or which is likely to injure a person or damage private or public property or which might become a menace to navigation shall be permitted to moor in town waters or tie up at the town wharves. The Harbor Master may determine whether any watercraft is unseaworthy, dangerous or in a badly deteriorated condition to render it unsafe. Upon making such a determination, the Harbor Master shall give notice to the owner, in writing, of such determination as follows: (a) if the owner is known, then by mail or hand-delivery; (b) if the owner is unknown, then by publication in a newspaper of general circulation within the town. If, after 10 days following the publication or written notice as provided in the preceding sentence, the owner has failed to remedy the conditions leading to the determination, the Harbor Master may take appropriate steps for removal of same. At any time, the Harbor Master, notwithstanding the foregoing, may act immediately in the event of an emergency to take appropriate steps for immediate removal of any watercraft that presents an eminent threat to life or property; provided, however, that as soon as practicable after taking such action, notice of the action taken shall be provided in the manner set forth in this section. If, after 90 thirty (30) days from the date of notice or publication, the owner of the removed vessel shall fail to reimburse the town for removal costs, the vessel may then, at the discretion of the Harbor Master, be sold at public auction to cover the costs of removal. If said auction produces surplus proceeds after payment of the costs of removal, said surplus shall be held in a separate account and be paid over to the owner upon proof of ownership. This shall not be deemed to apply to vessels in immediate distress as a result of current emergencies. §137-7. Abandonment of vessels, moorings, etc. A. Except in a maritime emergency currently affecting those aboard or others in the immediate vicinity, no vessel, mooring or other object shall be deliberately abandoned, sunk or otherwise placed in waters within the Town of Nantucket where it may constitute a hazard. Any abandoned, sunk or improperly placed Page 56 2004 Annual Town Meeting Warrant with Finance Committee Recommendations vessel, mooring or object so found and any vessel otherwise improperly secured, swamped, sunk, washed ashore or found in a restricted area may be ordered by the Harbor Master to be removed or relocated. The Harbor Master shall give notice to the owner, in writing, of his order as follows: (a) if the owner is known, then by mail or hand-delivery; (b) if the owner is unknown, then by publication in a newspaper of general circulation within the town. If, after ten (10) days following the publication or written notice as provided in the preceding sentence, the owner has failed to remedy the conditions leading to the order, the Harbor Master may take appropriate steps for removal or relocation of same. At any time, the Harbor Master, notwithstanding the foregoing, may act immediately in the event of an emergency to take appropriate steps for immediate removal or relocation of any watercraft that presents an imminent threat to life or property; provided, however, that as soon as practicable after taking such action, notice of the action taken shall be provided in the manner set forth in this section. If, after 90 thirty (30) days, the owner of the removed vessel shall fail to reimburse the town for removal or relocation costs, the vessel may then, at the discretion of the Harbor Master, be sold at public auction to cover the costs of removal or relocation. If said auction produces surplus proceeds after payment of the costs of removal, said surplus shall be held in a separate account and be paid over to the owner upon proof of ownership. ARTICLE 49 (Bylaw Amendment: Peddlers, Solicitors and Transient Vendors) To see if the Town will vote to amend Chapter 101 (Peddlers, Solicitors and Transient Vendors) Article I (Transient Vendors and Transient or Temporary Businesses), §101-1 (“Definitions”) 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): §101-1. Definitions. The following words shall, for the purpose of this article, have the following meanings: TRANSIENT OR TEMPORARY BUSINESS – Any exhibition, sale, renting, leasing or offering for hire, or offering for sale or for contribution or otherwise, of any goods, wares, merchandise, entertainment or services carried on, in or at a place not being a fixed and permanent structure or building and sale of goods, wares or merchandise which is carried on in any tent, booth, building or other structure, unless such place is open for business during usual business hours for a period of at least twelve consecutive months. TRANSIENT VENDORS – Any person, either principal or agent, who engages in a transient or temporary business in the Town of Nantucket , selling, soliciting or offering for sale or accepting contributions for the offering, renting, leasing or offering for hire or selling or providing goods, wares, merchandise, entertainment or services selling goods, wares or merchandise, either in one locality or in traveling from place to place. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action; and, to refer this Article back to Town Administration for further study. Page 57 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 50 (Bylaw Amendment: Wetlands – Revocation of Permit) To see if the Town will vote to amend Chapter 136 (Wetlands) §136-4 (“Hearing; determination; enforcement orders; appeals; plan changes or modifications”) of the Code of the Town of Nantucket, as follows: §136-4. Hearing: determination; enforcement orders; appeals; plan changes or modifications. Insert a new section “K” as follows: K. The Conservation Commission may deny or revoke a permit at any time where the proposed activity or previously permitted activity poses a reasonably foreseeable threat to the public health and safety. (Board of Selectmen for Conservation Commission) FINANCE COMMITTEE MOTION: Moved that Chapter 136 (Wetlands) §136-4 (“Hearing; determination; enforcement orders; appeals; plan changes or modifications”) of the Code of the Town of Nantucket, is hereby amended as follows: §136-4. Hearing: determination; enforcement orders; appeals; plan changes or modifications. Insert a new section “K” as follows: K. The Conservation Commission may deny or revoke a permit at any time where the proposed activity or previously permitted activity poses a reasonably foreseeable threat to the public health and safety. ARTICLE 51 (Bylaw Amendment: Wetlands – Emergency Projects) To see if the Town will vote to amend Chapter 136 (Wetlands) §136-5 (“Emergency projects”) 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): §136-5. Emergency projects. This chapter shall not apply to an emergency project as defined in MGL c. 131, §40. An emergency project is any activity in a resource area or its buffer that is necessary to protect the public health and safety, and which, because of the conditions giving rise to the emergency, to be performed effectively cannot await compliance with the notice requirements and appeal periods associated with the filing of a Notice of Intent or Request for Determination of Applicability. An emergency project may proceed only upon the issuance of an emergency certification from the Conservation Commission, which shall comply with the following procedures: (a) Any person requesting to undertake an emergency project shall specify why the project is necessary for the protection of the public health and safety and which agency or sub-agency of the Commonwealth of Massachusetts is to perform the project or has ordered the project to be performed; (b) An emergency certification shall be issued only for the protection of public health or safety; (c) If the project is certified to be an emergency by the Conservation Commission, the certification shall include a description of the work which is to be allowed and shall not authorize work different or more extensive than that necessary to abate the emergency which gave rise to that certification; Page 58 2004 Annual Town Meeting Warrant with Finance Committee Recommendations (d) An emergency permit shall be issued only following a site inspection by a member of the Conservation Commission, or an authorized representative thereof; (e) All work performed pursuant to an emergency certification shall be completed within 30 days of issue; (f) Within 21 days of commencement of an emergency project, a Notice of Intent, or, where appropriate, a Request for Determination of Applicability, shall be filed with the Conservation Commission for review as provided by this bylaw. In the event that such a filing is not timely received by the Conservation Commission, or is incomplete, or such filing is denied for any reason, the Commission may revoke or modify an emergency project certification and/or order appropriate restoration and mitigation measures. (Board of Selectmen for Conservation Commission) FINANCE COMMITTEE MOTION: Moved that Chapter 136 (Wetlands) §136-5 (“Emergency projects”) 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): §136-5. Emergency projects. This chapter shall not apply to an emergency project as defined in MGL c. 131, §40. An emergency project is any activity in a resource area or its buffer that is necessary to protect the public health and safety, and which, because of the conditions giving rise to the emergency, to be performed effectively cannot await compliance with the notice requirements and appeal periods associated with the filing of a Notice of Intent or Request for Determination of Applicability. An emergency project may proceed only upon the issuance of an emergency certification from the Conservation Commission, which shall comply with the following procedures: (a) Any person requesting to undertake an emergency project shall specify why the project is necessary for the protection of the public health and safety and which agency or sub-agency of the Commonwealth of Massachusetts is to perform the project or has ordered the project to be performed; (b) An emergency certification shall be issued only for the protection of public health or safety; (c) If the project is certified to be an emergency by the Conservation Commission, the certification shall include a description of the work which is to be allowed and shall not authorize work different or more extensive than that necessary to abate the emergency which gave rise to that certification; (d) An emergency permit shall be issued only following a site inspection by a member of the Conservation Commission, or an authorized representative thereof; (e) All work performed pursuant to an emergency certification shall be completed within 30 days of issue; (f) Within 21 days of commencement of an emergency project, a Notice of Intent, or, where appropriate, a Request for Determination of Applicability, shall be filed with the Conservation Commission for review as provided by this bylaw. In the event that such a filing is not timely received by the Conservation Commission, or is incomplete, or such filing is denied for any reason, the Commission may revoke or modify an emergency project certification and/or order appropriate restoration and mitigation measures. Page 59 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 52 (Bylaw Amendment: Wetlands) To see if the Town will vote to amend Chapter 136 (Wetlands) 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): §136-1. Definitions. Delete the entire section and replace it with the following: Through its authority to promulgate regulations pursuant to §136-7, the Conservation Commission shall adopt definitions to effectuate the purposes of this chapter. The definitions for “Agricultural Practices,” “Alter,” and “Person” shall be included in the Nantucket Wetland Regulations, subject to future revision as set forth in §136-7. The Commission is directed to revise its regulations pursuant to §136-7 to incorporate the current definition for “Habitat” into the definitions for “Habitat” contained within the Wetland regulations, prior to this amendment taking effect. (Board of Selectmen for Conservation Commission) FINANCE COMMITTEE MOTION: Moved that Chapter 136 (Wetlands) 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): §136-1. Definitions. Delete the entire section and replace it with the following: Through its authority to promulgate regulations pursuant to §136-7, the Conservation Commission shall adopt definitions to effectuate the purposes of this chapter. The definitions for “Agricultural Practices”, “Alter”, and “Person” shall be included in the Nantucket Wetland Regulations, subject to future revision as set forth in §136-7. The Commission is directed to revise its regulations pursuant to §136-7 to incorporate the current definition for “Habitat” into the definitions for “Habitat” contained within the Wetland regulations, prior to this amendment taking effect. ARTICLE 53 (Bylaw Amendment: Car Rental Agencies, Registration of) To see if the Town will vote to amend Chapter 58 (Car Rental Agencies, Registration of) §58-3 (“Annual fee; issuance of licenses and stickers”) 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): §58-3. Annual fee; issuance of license and stickers. D. RVM’s are transferable, with or without consideration, to any other rental agency or entity. Such transfers may be made whenever, and to the extent that, the number of RVM’s held by the transferor exceeds the number of unexpired annual stickers issued to the transferor. A transfer shall be effective upon written notice of the transfer, by the transferor, to the Board of Selectmen. Should a rental agency surrender its RVM rights to the Board of Selectmen, or should the Board of Selectmen possess surplus RVM’s from any other cause, these RVM’s shall may be retained by the Town and/or Page 60 2004 Annual Town Meeting Warrant with Finance Committee Recommendations may not be disbursed nor re-issued nor sold nor leased at a fee to be established from time to time by the Board of Selectmen. Any RVM’s not obtained by any rental agency by the end of any calendar year shall be considered surplus as of January first and may be retired by the Town at that time. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 58 (Car Rental Agencies, Registration of) §58-3 (“Annual fee; issuance of licenses and stickers”) 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): §58-3. Annual fee; issuance of license and stickers. D. RVM’s are transferable, with or without consideration, to any other rental agency or entity. Such transfers may be made whenever, and to the extent that, the number of RVM’s held by the transferor exceeds the number of unexpired annual stickers issued to the transferor. A transfer shall be effective upon written notice of the transfer, by the transferor, to the Board of Selectmen. Should a rental agency surrender its RVM rights to the Board of Selectmen, or should the Board of Selectmen possess surplus RVM’s from any other cause, these RVM’s shall may be retained by the Town and/or may not be disbursed nor re-issued nor sold nor leased at a fee to be established from time to time by the Board of Selectmen. Any RVM’s not obtained by any rental agency by the end of any calendar year shall be considered surplus as of January first and may be retired by the Town at that time. ARTICLE 54 (Bylaw: Motorized Passenger Devices) To see if the Town will vote to amend the Code of the Town of Nantucket by inserting a new Chapter 98 (Motorized Passenger Devices), restricting the use and operation of motorized scooters, skateboards, Segways and other similar motorized passenger devices used to provide transportation of persons or things on public ways, sidewalks, parks, playgrounds, beaches and other Town-owned or controlled property with certain exceptions, as follows: Chapter 98 Motorized Passenger Devices §98-1. Prohibited absent express written permission. No person shall operate a motorized scooter, motorized skateboard, Segway, or other similar device (hereinafter referred to as “personal motorized passenger devices”) on any town-owned or controlled: public way, sidewalk, park, playground or beach without the express written permission to do so from the town official(s) or officer having jurisdiction over the use of said town property or their respective designee (hereinafter referred to as the “authorizing official”). The following vehicles shall be exempt from the provisions of this bylaw: (1) Vehicles or motorized passenger devices licensed by the Commonwealth of Massachusetts as motor vehicles or otherwise authorized by the Commonwealth or the United States for use; (2) Vehicles or motorized passenger devices licensed or used by the federal government or any federal agency, instrumentality or entity, including the United States Postal Service, performing a service to the public; (3) Personal motorized passenger devices used by handicapped persons; Page 61 2004 Annual Town Meeting Warrant with Finance Committee Recommendations (4) Personal motorized passenger devices used by governmental law enforcement personnel, including police officers; (5) Landscaping equipment; (6) Golf cars; or (7) ATVs (all terrain vehicles). §98-2. Conditions on the grant of written permission. Any grant of written permission to use a personal motorized passenger device issued by the authorizing official shall include the following conditions/restrictions: no personal motorized passenger device shall be operated: (1) without being equipped with a braking system; (2) without the rider wearing a helmet; (3) in a careless or reckless manner as to endanger the safety of any person or the property of any person; and (4) without complying with applicable federal, state and local laws and regulations. The authorizing official is further authorized to impose such other restrictions and limitations as deemed appropriate or necessary to protect the public safety, interest and welfare. All persons using Town property pursuant to a grant of permission shall comply with the restrictions and limitations referenced herein or imposed pursuant hereto. §98-3. Enforcement and penalties. In addition to any other enforcement or penalty allowed under state law or Town bylaw, violation of this bylaw may be enforced by non-criminal disposition, by any police officer or traffic director in the manner provided by General Laws, Chapter 40, Section 21D and Chapter 1, Section 1 of these bylaws. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Code of the Town of Nantucket is hereby amended by inserting a new Chapter 98 (Motorized Passenger Devices), restricting the use and operation of motorized scooters, skateboards, Segways and other similar motorized passenger devices used to provide transportation of persons or things on public ways, sidewalks, parks, playgrounds, beaches and other Town-owned or controlled property with certain exceptions, as follows: Chapter 98 Motorized Passenger Devices §98-1. Prohibited absent express written permission. No person shall operate a motorized scooter, motorized skateboard, Segway, or other similar device (hereinafter referred to as “personal motorized passenger devices”) on any town-owned or controlled public way, sidewalk, park, playground or beach without the express written permission to do so from the town official(s) or officer having jurisdiction over the use of said town property or their respective designee (hereinafter referred to as the “authorizing official”). Page 62 2004 Annual Town Meeting Warrant with Finance Committee Recommendations The following vehicles shall be exempt from the provisions of this bylaw: (1) Vehicles or motorized passenger devices licensed by the Commonwealth of Massachusetts as motor vehicles or otherwise to the extent authorized by the Commonwealth or the United States for such operation; (2) Vehicles or motorized passenger devices licensed or used by the federal government or any federal agency, instrumentality or entity, including the United States Postal Service, performing a service to the public; (3) Personal motorized passenger devices used by handicapped persons; (4) Personal motorized passenger devices used by governmental law enforcement personnel, including police officers; (5) Landscaping equipment; (6) Golf carts. §98-2. Conditions on the grant of written permission. Any grant of written permission to use a personal motorized passenger device issued by the authorizing official shall include the following conditions/restrictions: no personal motorized passenger device shall be operated: (1) without being equipped with a braking system; (2) without the rider wearing a helmet; (3) in a careless or reckless manner as to endanger the safety of any person or the property of any person; and (4) without complying with applicable federal, state and local laws and regulations. The authorizing official is further authorized to impose such other restrictions and limitations as deemed appropriate or necessary to protect the public safety, interest and welfare. All persons using Town property pursuant to a grant of permission shall comply with the restrictions and limitations referenced herein or imposed pursuant hereto. §98-3. Enforcement and penalties. In addition to any other enforcement or penalty allowed under state law or Town bylaw, violation of this bylaw may be enforced by non-criminal disposition, by any police officer or traffic director in the manner provided by General Laws, Chapter 40, Section 21D and Chapter 1, Section 1 of these bylaws. Page 63 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 55 (Bylaw Amendment: Signs, Satellite Dishes, Rooflines) To see if the Town will vote to amend Chapter 124 (Signs, Satellite Dishes, Rooflines), Article IV (Certificates of Appropriateness, etc), of the Code of the Town of Nantucket by adding a new §124-13 as follows: §124-13. Minimum Maintenance of Buildings and Structures to which St. 1970, c. 395 apply. A. Owners of certain “Contributing Buildings and Structures” in the Nantucket Historic District shall provide sufficient minimum maintenance as defined herein in section B below, to the minimum extent necessary to keep such buildings from falling into a state of poor repair as may be identified hereinafter by the Nantucket Historic District Commission rules and regulations as “Contributing Buildings and Structures” to the historic authenticity of the Nantucket Historic District. This provision shall only apply to the exterior architectural features of such “Contributing Buildings and Structures”, as defined in St. 1970, c. 395, § 2A, as amended, and also to the interior portions of buildings and structures which, if not adequately maintained, would cause the exterior architectural features to deteriorate or become damaged. B. In carrying out the responsibilities set forth in §124-13A above, Owners shall therefore be responsible for taking at least the minimum steps necessary to prevent the deterioration of the following items, which would, if allowed to deteriorate, cause a detrimental effect upon the character of the Historic District as to such “Contributing Buildings and Structures” as follows: Foundations, exterior walls or other vertical supports (exterior or interior); Roofs or other horizontal members (including joists, beams, etc.); Chimneys or chimney support systems; Exterior architectural features (including but not limited to window and door trim, parapets, cornices); Rainwater drainage systems (gutters, downspouts); Water-proofing systems (roofing, flashing, windows, doors, paint on wooden or corrodible metallic surfaces); and Any other elements, which, if not adequately maintained, would eventually cause the building or structure to crack, bulge, buckle, sag, rot, crumble or collapse, in whole or in part. In addition, the replacement of original support systems (either vertical or horizontal) with new members or elements not adequately designed to carry normal loads, shall not be permitted. C. In cases where deterioration has already progressed to an advanced stage, and where immediate removal is requested by the Owner, the standard for razing in St. 1970, c. 395, §6 shall apply. D. In all cases for such “Contributing Buildings and Structures”, non-structural exterior architectural features shall be repaired. In situations where it is impractical to repair the feature, or prohibitively expensive to replace it, it shall be stored safely until such time as it is possible to recreate the feature from the original pieces at reasonable expense. E. The Nantucket Historic District Commission upon application and after hearing, may grant a waiver from the requirements of this bylaw upon a showing of impossibility, or financial hardship, or the occurrence of events beyond the owner's control, or such other exigent circumstances as the Commission may determine. F. Any person violating this bylaw shall be subject to a fine or penalty in the amount of $300, with each day to be considered as a separate violation. The enforcing person for purposes of Nantucket Code §1-2 shall be the administrator of the Historic District Commission or his/her designee. (Board of Selectmen for Historic District Commission) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 64 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 56 (Bylaw Amendment: Sewers and Wastewater Facilities) To see if the Town will vote to adopt the sewer districts having the metes and bounds, area and territory having the capacity and other parameters as is set forth in a Plan on file with the office of the Board of Selectmen, or to take any other action with respect thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer Commissioners) of the Code of the Town of Nantucket, is hereby amended as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): Add a new Section 41-3, as follows: § 41-3. Sewer Districts. The Board of Sewer Commissioners is authorized to layout, construct, maintain and operate a system or systems of common sewers and main drains in public or private ways for a part of the Town as set forth below for the public convenience or the public health with such connections and other works as may be required for a system or systems of sewerage or drainage and sewage treatment and disposal within the sewer districts set forth below. Such works for sewage treatment and disposal may include any wastewater treatment facility for treating, neutralizing or stabilizing sewage including treatment or disposal plants; the necessary intercepting, outfall and outlet sewers, pumping stations integral to such facilities; and equipment and appurtenances related to the foregoing. For the purposes of this chapter the word “sewage” shall mean wastewater from homes, public buildings, commercial or industrial establishments, or any combination thereof, and shall include any surface or ground water that may be present therein. The following systems of common sewers and main drains are hereby designated: a. Town Sewer District - an area outlined in blue on a map entitled, “Comprehensive Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT”, with a summer average daily flow capacity of 2,800,000 mgd, dated March 2004, (on file in the office of the Board of Selectmen) within which all sewage shall be collected, transported to, treated by and disposed from the Surfside Wastewater Treatment Facility; b. Siasconset Sewer District - an area outlined in blue on a map entitled, “Comprehensive Wastewater Management Plan, (Proposed) SIASCONSET SEWER DISTRICT”, with a summer average daily flow capacity of 220,000 mgd, dated March 2004, (on file in the office of the Board of Selectmen) within which all sewage shall be collected, transported to, treated by and disposed from the Siasconset Wastewater Treatment Facility. And, That Chapter 120 (Sewers and Wastewater Facilities) of the Code of the Town of Nantucket, is hereby amended as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): §120-1. Payment for use of drains and sewers. A person who enters his/her particular drain onto a main drain or common sewer, or who by more remote means receives benefit thereby for draining his/her land or buildings, shall pay to the Town a proportional part of the charge of making and repairing the same, and of the sewer privilege charges, not already assessed, of making Page 65 2004 Annual Town Meeting Warrant with Finance Committee Recommendations and repairing other main drains and common sewers and sewage treatment facilities through which the same discharges and/or of the permanent privilege for entering said main drain or common sewer, which shall be ascertained, assessed and certified by the Board of Selectmen acting as the Board of Public works pursuant to the authority of MGL c. 83, §15, Chapter 169 of the Acts of 1965 as amended by Chapter 459 of the Acts of 1987, or any other applicable law. §120-6. Sewer privilege. Permanent sewer privilege charges shall be made upon owners of land within the part or whole of the Town of Nantucket on parcels which are or could be serviced by a main drain or common sewer to recover the cost of improving main drains, common sewers and sewage treatment facilities and upon owners of land entering his/her particular drain into a main drain or common sewer at the time of connection not assessable under Section 120-2. Said charges shall be levied in the manner prescribed in Section 120-5. FINANCE COMMITTEE COMMENT: The maps referenced in the Finance Committee motion are subject to final review and approval by the Board of Selectmen prior to Town Meeting. ARTICLE 57 (Bylaw Amendment: Repeal of Bicycle Helmet Requirement) To see if the Town will vote to repeal Article 47 (Bicycle Helmet Law) of the 2002 Annual Town Meeting, which amended Chapter 57-1 of the Code of Nantucket. (John D. Brock, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 58 (Bylaw: Water Conservation) To see if the Town will vote to amend the Code of the Town of Nantucket by adding the following Chapter 115. Chapter 115 – Water Conservation 115.1 Purpose It is the purpose of this regulation to conserve Nantucket’s water supply by requiring reasonable conservation by any property owner who irrigates with automatic sprinkler systems. 115.2 Definitions PROPERT OWNER – Any individual, corporation, trust, partnership or association, or other entity. AUTOMATIC SPRINKLER SYSTEM – Any technology that is set on a timer for regular irrigation. RAIN SENSOR – Any technology that is designed to prevent sprinkler systems from functioning in the presence of a specified amount of rain (per manufacturer’s specifications). 115.3 Use of Rain Sensors Any residential or commercial property owner who irrigates with an automatic sprinkler system, whether on a private well or Town water supply, shall install and maintain rain sensor technology that will prevent such irrigation systems from deploying when it is raining. Page 66 2004 Annual Town Meeting Warrant with Finance Committee Recommendations 115.4 Penalty Any property owner violating this bylaw shall be liable to the town in the amount of one hundred dollars ($100) for each violation. (Christine B. Silverstein, et al) FINANCE COMMITTEE MOTION: Moved to take no action; and, to refer the Article to the Nantucket Water Commission for further study. ARTICLE 59 (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 by adding the following new Article: ARTICLE IX Traffic Control Devices §127-23. Approval of Traffic Control Devices. No speed bump, speed hump, traffic calming device, traffic signal system, or other traffic control device shall be placed in, over, or upon any street or way unless the same has been first the subject of a warrant article duly adopted by a vote of a majority of those present and voting at any Annual or Special Town Meeting. As used herein, “way” shall mean any public highway, private way laid out under authority of statute, or any way or place customarily used by the public for purposes for which a public way is generally used in the Town or County of Nantucket. (David Goodman, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 60 (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 by adding the following new Article: ARTICLE Traffic Control Devices §127-23. Approval of Traffic Control Devices. No street direction may be altered unless the same has been first the subject of a warrant article duly adopted by a vote of a majority of those present and voting at any Annual or Special Town Meeting. As used herein, “way” shall mean any public highway, private way laid out under authority of statute, or any way or place customarily used by the public for purposes for which a public way is generally used in the Town or County of Nantucket. (Edmund Ramos, Jr., et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 67 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 61 (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: In section 127-19 delete the heading “Prohibitions” and delete the text of the section in its entirety and replace it with the following heading and text: 127-19. Limitations on Road Improvements and Construction A. The Town will preserve the historic character of its road system by prohibiting the following improvements or construction for any publicly owned way or street on Nantucket unless an exception of any of the following standards is expressly authorized by a two thirds vote of Town Meeting: 1. The installation of automated traffic signals; 2. Road widenings for the purpose of increasing motor vehicle travel capacity; 3. The construction of travel lanes dedicated as turning lanes for motor vehicles; 4. The construction of new public streets; and, 5. Paving of any unimproved publicly owned streets, ways, or roads. B. This Bylaw shall not apply to State roads, ways pursuant to the Subdivision Control Law, and common driveways. Second, amend Chapter 127 §20 (Exceptions) by deleting subsection A in its entirety and inserting new subsection A. as follows: A. Areas located within the Town Overlay District (not including traffic signals or road widenings for vehicle capacity) as depicted on the map entitled “Town and County Overlay District”, dated January 2,2002, Nantucket Planning and Economic Development Commission (Article 37, 2002 ATM) as duly amended and on file at the Town Clerk’s office. adding the following language to subsection E: E. Bike paths and bike lanes. and by deleting subsection F. in its entirety. Third, delete Chapter 127 §22 (Time limit; expiration) in its entirety. (Christine B. Silverstein, et al) FINANCE COMMITTEE MOTION: Moved that Chapter 127 (Streets and Sidewalks), Article VII (Road Construction) of the Code of the Town of Nantucket is hereby amended as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): § 127-19. Prohibitions Limitations on Road Improvements and Construction. The Town will preserve the historic character of its road system by prohibiting the construction of new publicly owned roads, the paving of unimproved publicly owned roads, the adding of lanes to existing publicly owned roads and the installation of electric traffic signals of any kind. A. The Town will preserve the historic character of its road system by prohibiting the following improvements or construction for any publicly owned way or street on Nantucket unless an exception of any of the following standards is expressly authorized by a vote of Town Meeting: Page 68 2004 Annual Town Meeting Warrant with Finance Committee Recommendations 1. The installation of automated traffic signals; 2. Road widenings for the purpose of increasing motor vehicle travel capacity; 3. The construction of travel lanes dedicated as turning lanes for motor vehicles; 4. The construction of new public streets; and, 5. Paving of any unimproved publicly owned streets, ways, or roads. B. This Bylaw shall not apply to State roads, ways pursuant to the Subdivision Control Law, and common driveways. § 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 Areas located within the Town Overlay District (not including traffic signals or road widenings for vehicle capacity) as depicted on the map entitled “Town and County Overlay District”, dated January 2, 2002, Nantucket Planning and Economic Development Commission (Article 37, 2002 ATM) as duly amended and on file at the Town Clerk’s office. E. Bike paths and bike lanes. F. Works pursuant to Town or county road construction presently under state grant. § 127-22. Time limit; expiration. The prohibitions herein shall expire on December 31, 2004, unless extended, amended or repealed by Town Meeting. ARTICLE 62 (Bylaw Amendment: Noise) To see if the Town will vote to amend Chapter 101 (Noise) of the Code of the Town of Nantucket, as follows: Insert the following language as new Section 101-1.C “No person shall own or keep in this Town any rooster or fowl which, by screeching or crowing or in any other manner, disturbs the peace and quiet of any person. Roosters or fowl shall be confined in a “light-proof” enclosure between the hours of 10:00 p.m. and 7:00 a.m. to prevent screeching and crowing. It shall be adequate cause for refusing or revoking a permit to keep a rooster or fowl if one or more abutters complain of its presence by reason of noise.” Re-letter existing Section 101-1.C to 101-1.D (Dauna Coffin and Patricia Myers, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Committee recommends that the proponents submit a proposal to the Board of Health to amend its “Keeping of Animals” regulation, rather than amending the Town Code. Page 69 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 63 (Repeal of Article 68 of 2003 Annual Town Meeting/Protection of Coastal Areas & Open Spaces) Repeal Article 68: Bylaw: Protection of Coastal Areas & Open Spaces (Adopted April 30, 2003 ATM) providing for regulation of groups larger than 10, prohibiting the use of generators, electronic music, bonfires, etc …. (Colin Wyatt Leddy, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 64 (Bylaw Amendment: Merchandise and Wares, Display of) To see if the Town will vote to amend Chapter 97 of the Code of the Town of Nantucket, or to take any other action relative thereto. Amend Section 97-1A by inserting after the word “including” the following: “front and side yards, and including”. (Charles J. Allard, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article; and, to refer it to the Planning Board for further study. ARTICLE 65 (Home Rule Petition: Unified Water and Sewer District) To see if the Town will vote to request its representatives in the General Court to introduce legislation to establish a single, unified water and sewer district for the Town of Nantucket, replacing such water and sewer districts as may now exist in the Town, for the purpose of more effectively managing, conserving and protecting the water resources of the Island, and to authorize the General Court, with the approval of the Board of Selectman to make constructive changes in perfecting the language of this proposed legislation in order to secure its passage. (Curtis L. Barnes, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 66 (Home Rule Petition: Nantucket Islands Land Bank/Transfer Fee Exemption) To see if the Town will vote to request its representatives in the General Court to introduce legislation amending the Nantucket Land Bank Act as set forth below and to authorize the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure its passage, it being the intent to authorize the Board of Selectmen and the General Court to vary the specific language of the requested legislation within the scope of the general public objectives of this home rule petition, such legislation read substantially as follows: (n) Transfers of property containing a Nantucket Housing Needs Covenant, pursuant to Chapter 139-7, G. of the Nantucket Code and Chapter 301 of the Acts of 2002. (Christine B. Silverstein, et al) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court be requested to file legislation seeking a special act as set forth below and to authorized the General Court with the approval of the Board of Selectmen to make constructive changes in perfecting the language of the proposed legislation in order to secure passage, such legislation to read substantially as follows: Page 70 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ACT TO AMEND THE NANTUCKET ISLANDS LAND BANK ACT TO ALLOW FOR ADDITIONAL TRANSFER FEE EXEMPTION Section 1. To add the following additional transfer fee exemption: “(n) Transfers of property containing a Nantucket Housing Needs Covenant, pursuant to Chapter 139-7, G. of the Nantucket Code and Chapter 301 of the Acts of 2002.” Section 2. This act shall take effect upon its passage. ARTICLE 67 (Home Rule Petition: Secondary Dwelling Ownership) To see if the Town will vote to request its representatives in the General Court to introduce legislation to authorize the Town to adopt bylaws providing for secondary lots as set forth below and to authorize the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, it being the intent to authorize the Board of Selectmen and the General Court to vary the specific text of the requested legislation within the scope of the general objectives of this home rule petition; such legislation to read substantially as follows: AN ACT AUTHORIZING THE CREATION OF SECONDARY LOTS ON NANTUCKET ISLAND Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. 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 the provisions of any general or special law to the contrary, the Town of Nantucket may adopt bylaws providing for secondary dwellings on lots and providing restrictions on the ownership, form of ownership, purchase, sale, leasing, term of leasing, use and enjoyment of such secondary dwellings and on the principal dwellings adjacent to such secondary dwellings and on the lots upon which the principal and secondary dwellings are located. SECTION 3. This act shall take effect upon its passage. (Board of Selectmen) FINANCE COMMITTEE MOTION: The Committee’s motion will be provided at Town Meeting. ARTICLE 68 (Home Rule Petition: Limitations on Motor Vehicles) To see if the Town will vote to request its representatives in the General Court 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 Page 71 2004 Annual Town Meeting Warrant with Finance Committee Recommendations 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) COMMENT: The above home rule petition was approved as Article 50 of the 2001 Annual Town Meeting. Home rule petitions currently pending before the legislature, which have not been acted upon by December 31, 2004, will expire. In order to ensure that the petition is renewed, a confirmatory town meeting vote is necessary. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court be requested to re- file legislation seeking a special act as set forth below and to authorized the General Court with the approval of the Board of Selectmen to make constructive changes in perfecting the language of the proposed 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. Page 72 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 69 (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 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 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. (Board of Selectmen) COMMENT: The above home rule petition was approved as Article 51 of the 2001 Annual Town Meeting. Home rule petitions currently pending before the legislature, which have not been acted upon by December 31, 2004, will expire. In order to ensure that the petition is renewed, a confirmatory town meeting vote is necessary. FINANCE COMMITTEE MOTION: Moved to take no action on the Article. This special legislation was enacted subsequent to finalizing the 2004 Annual Town Meeting warrant. ARTICLE 70 (Home Rule Petition: Revolving Fund/Airport Fuel Sales) To see if the Town will vote to instruct its representatives in the General Court to introduce legislation seeking a special 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 this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT PROVIDING FOR A FUEL REVOLVING ACCOUNT AT NANTUCKET MEMORIAL AIRPORT Section 1. Notwithstanding the provisions of section 53E½ of chapter 44 of the General Laws, the town of Nantucket, acting by and through its Town Meeting, is authorized to establish a revolving fund for the sale of fuel at the Nantucket Memorial Airport to be expended without appropriation by the Airport Commission which fund may exceed the Page 73 2004 Annual Town Meeting Warrant with Finance Committee Recommendations limit described in said section 53E½ of one percent of the amount raised by taxation in the most recent year for which a tax rate has been certified. Section 2. Except as provided for by Section 1, all other provisions of section 53E½ of chapter 44 not varied by Section 1 of this Act shall otherwise apply. Section 3. This Act shall take effect upon passage. (Board of Selectmen) COMMENT: The above home rule petition was approved as Article 58 of the 2002 Annual Town Meeting. Home rule petitions currently pending before the legislature, which have not been acted upon by December 31, 2004, will expire. In order to ensure that the petition is renewed, a confirmatory town meeting vote is necessary. FINANCE COMMITTEE MOTION: Moved to take no action on the Article. This special legislation was enacted subsequent to finalizing the 2004 Annual Town Meeting warrant. ARTICLE 71 (Home Rule Petition: Community Housing Bank) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act 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 this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT IMPOSING A TAX ON NEW RESIDENTIAL CONSTRUCTION FOR THE BENEFIT OF COMMUNITY HOUSING Section 1. Purpose The Town of Nantucket is in need of additional financial resources 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. Section 2. Definitions “Addition” shall mean an increase in building area, aggregate floor area, height or number of stories of a structure. “Alteration” shall mean a change or modification of a building or a structure or the service equipment thereof that affects safety or health and is not classified as an ordinary repair. “Community Housing” shall be defined herein as that housing intended primarily to be occupied by those earning up to 150% of median family income for Nantucket, as determined by the U. S. Department of Housing and Urban Development. “Dwelling Unit” shall be defined herein as a room or enclosed floor space used, or to be used, as a habitable unit for one (1) family or household, with facilities for sleeping, cooking, and sanitation. “Employer Dormitory” shall be defined herein as 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 the of the Page 74 2004 Annual Town Meeting Warrant with Finance Committee Recommendations 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. “New Construction Tax” shall mean the tax set forth in section 3. “Total Floor Area” shall be the floor area within the perimeter of the outside walls of the building under consideration, without deductions for hallways, stairs, closets, thickness of walls, columns or other features. It does not include unoccupied accessory areas such as unfinished basements, attics or lofts and does not include porches, decks, unenclosed breezeways and widows walks. Section 3. New Construction Tax In addition to any local fee that may be imposed by the Town of Nantucket pursuant to chapter 40, section 22F of the general laws or any other applicable statute, the Town of Nantucket is hereby authorized to impose, collect and disburse as set forth below a fee in the nature of a tax on new residential construction (hereinafter referred to as the "New Construction Tax") as follows: (a) The New Construction Tax shall be imposed on those persons who apply for a residential building permit from the Town of Nantucket, and is to be paid upon issuance of a building permit by the Building Commissioner of the Town of Nantucket. The amount of the tax shall be computed at the rate of $8.00 per square foot of Total Floor Area of new construction space in excess of 2,500 square feet for each dwelling unit. (b) The New Construction Tax will be collected at the same time as, and in addition to, the Town's local Building permit fees, by the Town's Building Commissioner to be turned over to the Treasurer of the Town. (c) Additions/Alterations: There is no fee for Additions or Alterations, unless the Application for Building Permit for the Addition or Alteration is filed within three (3) years of receipt of a Certificate of Occupancy for the Dwelling Unit upon which the Addition or Alteration is proposed. In this instance, square footage of Net Floor Area will be calculated by combining the actual Total Floor Area of the original Dwelling Unit and the amount to be created by the new Addition or Alteration. Section 4. Exemptions Employer Dormitories are not subject to the New Construction Tax. Section 5. The Town of Nantucket, acting by and through its Town Meeting, shall appropriate the receipts of this New Construction Tax only for the purposes of purchasing, acquiring, constructing, operating, maintaining, making ordinary repairs or otherwise making extraordinary repairs to Community Housing within the Town of Nantucket, including engineering, architectural, planning, designing and permitting costs associated therewith, as presented by the Board of Selectmen. Section 6. The imposition and collection of the New Construction Tax described above shall expire on December 31, 2010. (Board of Selectmen) COMMENT: The above home rule petition was approved as Article 78 of the 2003 Annual Town Meeting. Home rule petitions currently pending before the legislature, which have not been acted upon by December 31, 2004, will expire. In order to ensure that the petition is renewed, a confirmatory town meeting vote is necessary. Page 75 2004 Annual Town Meeting Warrant with Finance Committee Recommendations FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court be requested to re- file legislation seeking a special act as set forth below and to authorized the General Court with the approval of the Board of Selectmen to make constructive changes in perfecting the language of the proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT IMPOSING A TAX ON NEW RESIDENTIAL CONSTRUCTION FOR THE BENEFIT OF COMMUNITY HOUSING Section 1. Purpose The Town of Nantucket is in need of additional financial resources 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. Section 2. Definitions “Addition” shall mean an increase in building area, aggregate floor area, height or number of stories of a structure. “Alteration” shall mean a change or modification of a building or a structure or the service equipment thereof that affects safety or health and is not classified as an ordinary repair. “Community Housing” shall be defined herein as that housing intended primarily to be occupied by those earning up to 150% of median family income for Nantucket, as determined by the U. S. Department of Housing and Urban Development. “Dwelling Unit” shall be defined herein as a room or enclosed floor space used, or to be used, as a habitable unit for one (1) family or household, with facilities for sleeping, cooking, and sanitation. “Employer Dormitory” shall be defined herein as 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 the 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. “New Construction Tax” shall mean the tax set forth in section 3. “Total Floor Area” shall be the floor area within the perimeter of the outside walls of the building under consideration, without deductions for hallways, stairs, closets, thickness of walls, columns or other features. It does not include unoccupied accessory areas such as unfinished basements, attics or lofts and does not include porches, decks, unenclosed breezeways and widows walks. Section 3. New Construction Tax In addition to any local fee that may be imposed by the Town of Nantucket pursuant to chapter 40, section 22F of the general laws or any other applicable statute, the Town of Nantucket is hereby authorized to impose, collect and disburse as set forth below a fee in the nature of a tax on new residential construction (hereinafter referred to as the "New Construction Tax") as follows: (a) The New Construction Tax shall be imposed on those persons who apply for a residential building permit from the Town of Nantucket, and is to be paid upon issuance of a building permit by the Building Commissioner of the Town of Nantucket. The amount of the tax shall be computed at the rate of $8.00 per square foot of Total Floor Area of new construction space in excess of 2,500 square feet for each dwelling unit. Page 76 2004 Annual Town Meeting Warrant with Finance Committee Recommendations (b) The New Construction Tax will be collected at the same time as, and in addition to, the Town's local Building permit fees, by the Town's Building Commissioner to be turned over to the Treasurer of the Town. (c) Additions/Alterations: There is no fee for Additions or Alterations, unless the Application for Building Permit for the Addition or Alteration is filed within three (3) years of receipt of a Certificate of Occupancy for the Dwelling Unit upon which the Addition or Alteration is proposed. In this instance, square footage of Net Floor Area will be calculated by combining the actual Total Floor Area of the original Dwelling Unit and the amount to be created by the new Addition or Alteration. Section 4. Exemptions Employer Dormitories are not subject to the New Construction Tax. Section 5. The Town of Nantucket, acting by and through its Town Meeting, shall appropriate the receipts of this New Construction Tax only for the purposes of purchasing, acquiring, constructing, operating, maintaining, making ordinary repairs or otherwise making extraordinary repairs to Community Housing within the Town of Nantucket, including engineering, architectural, planning, designing and permitting costs associated therewith, as presented by the Board of Selectmen. Section 6. The imposition and collection of the New Construction Tax described above shall expire on December 31, 2010. ARTICLE 72 (Home Rule Petition: Speed Limits on Nantucket) To see if the Town will vote to instruct its representatives in the General Court to introduce legislation seeking a special 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 this proposed legislation in order to secure passage, such legislation to read substantially as follows: “An Act to authorize the Town of Nantucket to regulate the vehicle speeds on the Island of Nantucket Section 1. Notwithstanding any law, rule or regulation to the contrary the Board of Selectmen of the Town of Nantucket shall be authorized to adopt speed limits applicable to all motor vehicles operating on public highways, streets, and ways within said town, other than state roads, as a public safety measure. Section 2. This Act shall take effect upon passage.” (Board of Selectmen) COMMENT: The above home rule petition was approved as Article 79 of the 2003 Annual Town Meeting. Home rule petitions currently pending before the legislature, which have not been acted upon by December 31, 2004, will expire. In order to ensure that the petition is renewed, a confirmatory town meeting vote is necessary. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court be requested to re- file legislation seeking a special act as set forth below and to authorized the General Court with the approval of the Board of Selectmen to make constructive changes in perfecting the language of the proposed legislation in order to secure passage, such legislation to read substantially as follows: “An Act to authorize the Town of Nantucket to regulate the vehicle speeds on the Island of Nantucket Page 77 2004 Annual Town Meeting Warrant with Finance Committee Recommendations Section 1. Notwithstanding any law, rule or regulation to the contrary the Board of Selectmen of the Town of Nantucket shall be authorized to adopt speed limits applicable to all motor vehicles operating on public highways, streets, and ways within said town, other than state roads, as a public safety measure. Section 2. This Act shall take effect upon passage.” ARTICLE 73 (Affirmation of Support for One Big Beach Program) To see if the Town will vote to affirm the following as Town policy: “Whereas, it has been a tradition on Nantucket that island beaches are publicly accessible and the public has, with limited exception, enjoyed access to the beaches; and, whereas, it is the policy of the Town to acquire and maintain public access to the Island’s beaches and waterfront; it is hereby affirmed that the One Big Beach program’s intent to secure easements in the event that Town ownership is not feasible is supported”. (Board of Selectmen) COMMENT: The Board of Selectmen is seeking the sense of the Meeting with this non-binding resolution. FINANCE COMMITTEE MOTION: Moved that the following policy statement be adopted by Town Meeting: “Whereas, it has been a tradition on Nantucket that island beaches are publicly accessible and the public has, with limited exception, enjoyed access to the beaches; and, whereas, it is the policy of the Town to acquire and maintain public access to the Island’s beaches and waterfront; it is hereby affirmed that the One Big Beach program’s intent to secure easements in the event that Town ownership is not feasible is supported”. ARTICLE 74 (Nantucket Energy Commission) To see if the Town of Nantucket will vote to create the Nantucket Energy Commission. Members of the commission would be appointed by the Nantucket Board of Selectmen and be charged with the mission of representing the residents of Nantucket in negotiating contracts with energy providers known as “Competitive Suppliers,” so that no business or residence on Nantucket will pay Default Service rates for electricity. The goals of the commission are to secure below market electricity rates while considering environmental impact and feasibility, and stay informed and active in any energy related development on Nantucket or within 30 miles of its shores. In compliance with the Commonwealth of Massachusetts Department of Telecommunications and Energy Restructuring Act (Ch. 164 Section 193.1D. of the Acts of 1997), each customer receiving generation service from a Competitive Supplier has two billing options: (1) complete billing, under which a customer would receive a single bill from the Distribution Company, including charges for generation service; and (2) pass-through billing, under which a customer would receive two bills, one from the Distribution Company for non-generation charges and a second bill from the Competitive Supplier for generation service charges. (Barbara Gookin, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 78 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 75 (Transfer of Senior Planner Position from Nantucket Planning and Economic Development Commission to Planning Board) To vote to transfer the position of NPEDC/SENIOR PLANNER (Mr. VORCE) to PLANNING BOARD DIRECTOR /SENIOR PLANNER with transfer of funds of salary & all benefits from NPEDC budget to Planning Board budget as of July 1, 2004. (John F. McLaughlin, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 76 (Requirement that Special Legislation be Approved by Voters at Town Election) To see if the Town will vote that all warrant articles approved at Nantucket Town Meeting that require the vote of the legislature of the Commonwealth of Massachusetts, first be approved by a majority of the voting persons at the next Town Election. (Jacques Zimicki, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 77 (Real Estate Acquisition: 2 Fairgrounds Road) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift, eminent domain or otherwise, the property located at 2 Fairgrounds Road, also described as Assessor’s Map 67, Parcel 40, including the buildings thereon, for general municipal purposes; further to raise and appropriate, transfer from available funds, or borrow pursuant to all applicable statutes, a sum for the purpose of acquiring said land. 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 hereby authorized to acquire by purchase, gift, eminent domain or otherwise, the property located at 2 Fairgrounds Road, also described as Assessor’s Map 67, Parcel 40, including the buildings thereon, for general municipal purposes; and, that the Treasurer of the Town, with the approval of the Board of Selectmen, is authorized to borrow Fifteen Million Five Hundred Thousand Dollars ($15,500,000) pursuant to any applicable statute, contingent upon the passage by ballot of a referendum question exempting the principal so borrowed and interest thereon from the limitations of Proposition 2½ so-called (G.L. c. 59, s. 21C). ARTICLE 78 (Real Estate Acquisition: 00 North Pasture) To see whether or not the Town will vote to authorize the Board of Selectmen to transfer the following described land to the care, custody, management and control of the Nantucket Water Commission; that certain parcel of land located off Polpis Road, known in the Town’s records as 00 North Pasture, consisting of 32.78 acres, more or less, being Nantucket Assessors Map 54, Parcel 94.1 shown as Lot 1 on the plan entitled “Plan of Land in Nantucket, Mass, as surveyed for Richard H. Brooks”, prepared by Schofield Brothers, Inc., dated July 20, 1978, as recorded with the Nantucket County Registry of Deeds in Plan Book File 8B; as referred to in the motion pursuant to Article 83 of the 1998 Annual Town Meeting and Chapter 35, Acts of 1999, and further to see if the Town will vote to raise and appropriate, transfer from Page 79 2004 Annual Town Meeting Warrant with Finance Committee Recommendations available funds or borrow pursuant to any applicable statute a sum of money from the Wannacomet Water Commission Enterprise Fund to pay for costs and expenses associated with the acquisition of the foregoing land, which land is to be used by the Water Commission for water protection and Water Department purposes. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to transfer the following described land to the care, custody, management and control of the Nantucket Water Commission pursuant to G.L. c. 41, s. 15A: 00 North Pasture, consisting of 32.78 acres, more or less, being Nantucket Assessors Map 54, Parcel 94.1 shown as Lot 1 on the plan entitled “Plan of Land in Nantucket, Mass, as surveyed for Richard H. Brooks”, prepared by Schofield Brothers, Inc., dated July 20, 1978, as recorded with the Nantucket County Registry of Deeds in Plan Book File 8B; as referred to in the motion pursuant to Article 83 of the 1998 Annual Town Meeting and Chapter 35, Acts of 1999; and further that the Treasurer of the Town, with the approvals of the Board of Selectmen and Nantucket Water Commission be authorized to borrow the sum of Three Million Dollars ($3,000,000) as general obligation bonds of the Town with the intent that all principal and interest payments thereon come from the Wannacomet Water Enterprise Fund, in order to pay for the costs and expense associated with the acquisition of the foregoing land, which land, after transfer is to be used by the Water Commission for water protection and Water Department purposes. ARTICLE 79 (Real Property Conveyance: 6 Backus Lane) To see if the Town will vote to authorize the Board of Selectmen to convey the single family dwelling structure located at 6 Backus Lane (a/k/a 18 First Way), Assessor’s Map 55, Parcel 628 to NHA Properties, Inc., d/b/a the Nantucket Housing Office, a 501(c)(3) organization, pursuant to Massachusetts General Law chapter 30B, section 15(g). The terms and conditions of said conveyance to be as determined by the Board of Selectmen by agreement between the Town and the Nantucket Housing Office, provided that said agreement shall require removal of the dwelling from the land within twelve (12) months of the execution of said agreement. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to convey the single family dwelling structure located at 6 Backus Lane (a/k/a 18 First Way), Assessor’s Map 55, Parcel 628 to NHA Properties, Inc., d/b/a the Nantucket Housing Office, a 501(c)(3) organization, pursuant to Massachusetts General Law chapter 30B, section 15(g). The terms and conditions of said conveyance to be as determined by the Board of Selectmen by agreement between the Town and the Nantucket Housing Office, provided that said agreement shall require removal of the dwelling from the land within twelve (12) months of the execution of said agreement. ARTICLE 80 (Real Estate Conveyance: Esther’s Island) To see if the Town will vote to authorize the County Commissioners and/or Board of Selectmen to sell, convey or otherwise dispose of certain parcels of land located on Esther’s Island, being more particularly described as Land Court Plan No. 2408U, Block 54, Lots 8-11, on such conditions as the Selectmen shall determine, and to take such other actions in connection with such conveyance as may be appropriate. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to sell, convey or otherwise dispose of certain parcels of land located on Esther’s Island, being more particularly described as Land Court Plan No. 2408U, Block 54, Lots 8-11, on such conditions as the Selectmen shall determine. Page 80 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 81 (Real Property Acquisition and Disposition: Spruce Street Improvements) To see if the Town will vote to authorize the Board of Selectmen to take the actions described below relative to (a) a certain right of way, over a parcel of land described in Assessor’s records as Map 55, Parcel 47, granted to the Inhabitants of the Town of Nantucket by stipulation as noted on Certificate of Title No. 2346 registered with the Land Court Department of the Nantucket Registry of Deeds; (b) a public way known as Spruce Street; (c) “Parcel F” and “Parcel G” as shown on a plan entitled “Spruce Street Access Improvement Project Proposed Plan of Reconfiguration.” (1) To acquire, by purchase, gift, eminent domain or otherwise, for the purpose of laying out a public way, all, part of, or more than the parcel of land within a “way from Orange Street to the Creeks”, approximately shown as “Parcel A” on a plan entitled “Spruce Street Access Improvement Project Proposed Plan of Reconfiguration,” on file at the Board of Selectmen’s Office, and to see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes, and to take such other actions as may be appropriate thereto. (2) To enter into an agreement, the terms of which shall be as determined by the Board of Selectmen, to convey, sell or otherwise lawfully dispose of, for consideration of value of not less than One Hundred Dollars, the Town’s right, title and interest in and to all, a part of, or more than a portion of a twelve foot right of way to Orange Street, a.k.a. Spruce Street, approximately shown as “Parcel B” on a plan entitled “Spruce Street Access Improvement Project Proposed Plan of Reconfiguration,” on file at the Board of Selectmen’s Office, and to take such other actions as may be appropriate thereto. (3) To acquire, by purchase, gift, eminent domain or otherwise, for the purpose of open space preservation, park and/or recreational use, all, part of, or more than the parcels of land approximately shown as “Parcel C”, “Parcel G” and “Parcel H” on a sketch plan entitled “Spruce Street Access Improvement Project Proposed Plan of Reconfiguration,” on file at the Board of Selectmen’s Office, and to see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes, and to take such other actions as may be appropriate thereto. (4) To acquire, by purchase, gift, eminent domain or otherwise, for the purpose of open space preservation, park and/or recreational use, including the provision of a footpath, all, part of, or more than the parcels of land approximately shown as “Parcel D” and “Parcel E” on a sketch plan entitled “Spruce Street Access Improvement Project Proposed Plan of Reconfiguration,” on file at the Board of Selectmen’s Office, said parcel being a portion of the public way known as Spruce Street, easement rights for which were taken by the County of Nantucket pursuant to an Order of Taking filed on June 10, 1966 at the Nantucket Registry of Deeds at Book 129, Page 295, and to take such other actions as may be appropriate thereto. (5) To acquire or dispose of all other rights or interests in real property, by any lawful means, as may be appropriate to the above actions, and to see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes. (Board of Selectmen for Town/County Right of Way Committee) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to take the actions described below relative to (a) a certain right of way, over a parcel of land described in Assessor’s records as Map 55, Parcel 47, granted to the Inhabitants of the Town of Nantucket by stipulation as noted on Certificate of Title No. 2346 registered with the Land Court Department of the Nantucket Registry of Deeds; (b) a public way known as Spruce Street; (c) “Parcel F” and “Parcel G” as shown on a plan entitled “Spruce Street Access Improvement Project Proposed Plan of Reconfiguration.” (1) To acquire, by purchase, gift, eminent domain or otherwise, for the purpose of laying out a public way, all, part of, or more than the parcel of land within a “way from Orange Street to the Creeks”, approximately shown as “Parcel A” on a plan entitled “Spruce Street Access Improvement Project Proposed Plan of Reconfiguration,” on Page 81 2004 Annual Town Meeting Warrant with Finance Committee Recommendations file at the Board of Selectmen’s Office and to see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes, and to take such other actions as may be appropriate thereto; (2) To enter into an agreement, the terms of which shall be as determined by the Board of Selectmen, to convey, sell or otherwise lawfully dispose of, for consideration of value of not less than One Hundred Dollars, the Town’s right, title and interest in and to all, a part of, or more than a portion of a twelve foot right of way to Orange Street, a.k.a. Spruce Street, approximately shown as “Parcel B” on a plan entitled “Spruce Street Access Improvement Project Proposed Plan of Reconfiguration,” on file at the Board of Selectmen’s Office; (3) To acquire, by purchase, gift, eminent domain or otherwise, for the purpose of open space preservation, park and/or recreational use, all, part of, or more than the parcels of land approximately shown as “Parcel C”, “Parcel G” and “Parcel H” on a sketch plan entitled “Spruce Street Access Improvement Project Proposed Plan of Reconfiguration,” on file at the Board of Selectmen’s Office, and to see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes, and to take such other actions as may be appropriate thereto; (4) To acquire, by purchase, gift, eminent domain or otherwise, for the purpose of open space preservation, park and/or recreational use, including the provision of a footpath, all, part of, or more than the parcels of land approximately shown as “Parcel D” and “Parcel E” on a sketch plan entitled “Spruce Street Access Improvement Project Proposed Plan of Reconfiguration,” on file at the Board of Selectmen’s Office, said parcel being a portion of the public way known as Spruce Street, easement rights for which were taken by the County of Nantucket pursuant to an Order of Taking filed on June 10, 1966 at the Nantucket Registry of Deeds at Book 129, Page 295. (5) To acquire or dispose of all other rights or interests in real property, by any lawful means, as may be appropriate to the above actions, and to see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes, and to take such other actions as may be appropriate thereto. ARTICLE 82 (Conveyance of Land for Affordable Housing Purposes/61 Pochick Street and 67 Pochick Street) To see if the Town will vote to authorize the Board of Selectmen to enter into an agreement, the terms of which shall be determined by the Board of Selectmen, to convey, sell or otherwise lawfully dispose of, all or part of the following parcels of land to the Nantucket Housing Authority or to an entity eligible to hold perpetual affordable housing restrictions under Chapter 184 of the Massachusetts General Laws, for the purposes of providing affordable housing to low and moderate income residents of Nantucket, subject to such restrictions and remedies as may be appropriate to assure conformance with such purposes: 61 Pochick Street, described in the Assessor’s records as Map 79, Parcel 160; 67 Pochick Street, described in the Assessor's records as Map 79, Parcel 120;and to take such other actions as may be appropriate thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to enter into an agreement, on such terms as shall be determined by the Board of Selectmen, to convey, sell or otherwise lawfully dispose of, all or part of the following parcels of land to the Nantucket Housing Authority or to an entity eligible to hold perpetual affordable housing restrictions under Chapter 184 of the Massachusetts General Laws, for the purposes of providing affordable housing to low and moderate income residents of Nantucket, subject to such Page 82 2004 Annual Town Meeting Warrant with Finance Committee Recommendations restrictions and remedies as may be appropriate to assure conformance with such purposes: 61 Pochick Street, described in the Assessor’s records as Map 79, Parcel 160. NOTE: 67 Pochick Street has actually already been previously authorized to be conveyed by Article 78 of the 1996 Annual Town Meeting, therefore, it is not included in the above Motion. ARTICLE 83 (Conveyance of Land for Affordable Housing Purposes/Madaket Parcels) To see if the Town will vote to authorize the Board of Selectmen to enter into an agreement, the terms of which shall be determined by the Board of Selectmen, to convey, sell or otherwise dispose of, pursuant to Massachusetts General Laws, Chapter 30B, all or part of the following parcels of land to an entity eligible to hold perpetual affordable housing restrictions under Chapter 184 of the Massachusetts General Laws, for the purposes of providing affordable housing to low and moderate income residents of Nantucket, subject to such restrictions and remedies as may be appropriate to assure conformance with such purposes: 86 Arkansas Avenue and 0 North Carolina Avenue, described in Assessor’s records as Map 59.3, Parcels 143, 144, 191-194; and, to take such other actions as may be appropriate thereto. (Board of Selectmen) COMMENT: The parcels identified in the article were authorized to be purchased for affordable housing purposes, by Article 83 of the 2000 Annual Town Meeting, but not authorized to be conveyed. FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to enter into an agreement, on such terms as shall be determined by the Board of Selectmen, to convey, sell or otherwise dispose of, pursuant to Massachusetts General Laws, Chapter 30B, all or part of the following parcels of land to an entity eligible to hold perpetual affordable housing restrictions under Chapter 184 of the Massachusetts General Laws, for the purposes of providing affordable housing to low and moderate income residents of Nantucket, subject to such restrictions and remedies as may be appropriate to assure conformance with such purposes: 86 Arkansas Avenue and 0 North Carolina Avenue, described in Assessor’s records as Map 59.3, Parcels 143, 144, 191-194. ARTICLE 84 (Conveyance of Surplus Land /11 Monohansett Road) To see if the Town will vote to authorize the Board of Selectmen to enter into an agreement, the terms of which shall be determined by the Board of Selectmen, to convey, sell or otherwise lawfully dispose of, all or part of the following parcels of land to the Nantucket Housing Authority, to an entity eligible to hold perpetual affordable housing restrictions under Chapter 184 of the Massachusetts General Laws, for the purpose of providing affordable housing to low and moderate income residents of Nantucket, subject to such restrictions and remedies as may be appropriate to assure conformance with such purposes, or to any other individual or entity for any lawful purpose: 11 Monohansett Avenue, described in Assessor’s records as Map 79, Parcel 173, and to take such other actions as may be appropriate thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action. NOTE: 11 Monohansett Road has actually already been previously authorized to be conveyed for these purposes by Article 68 of the 2002 Annual Town Meeting. Page 83 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 85 (Conveyance of Surplus Land/Cliff Road) To see if the Town will vote to authorize the Board of Selectmen to enter into an agreement, the terms of which shall be determined by the Board of Selectmen, to convey, sell or otherwise lawfully dispose of, all or part of the following parcels of land to the Nantucket Housing Authority, to an entity eligible to hold perpetual affordable housing restrictions under Chapter 184 of the Massachusetts General Laws, for the purpose of providing affordable housing to low and moderate income residents of Nantucket, subject to such restrictions and remedies as may be appropriate to assure conformance with such purposes, or to any other individual or entity for any lawful purpose: land on Cliff Road, described in Assessor’s records as Map 40, Parcel 22, and to take such other actions as may be appropriate thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to enter into an agreement, on such terms as shall be determined by the Board of Selectmen, to convey, sell or otherwise lawfully dispose of, all or part of the following parcels of land to the Nantucket Housing Authority, to an entity eligible to hold perpetual affordable housing restrictions under Chapter 184 of the Massachusetts General Laws, for the purpose of providing affordable housing to low and moderate income residents of Nantucket, subject to such restrictions and remedies as may be appropriate to assure conformance with such purposes, or to any other individual or entity for any lawful purpose: land at 192 Cliff Road, described in Assessor’s records as Map 40, Parcel 22. ARTICLE 86 (Real Estate Conveyances: Various Parcels) To see if the Town will vote to authorize the Board of Selectmen, subject to the requirements of Massachusetts General Law chapter 30B, to sell, convey, or otherwise dispose of the following Town-owned parcels, subject to guidelines established under the draft “Nantucket Yard Sale Program” on file in the Board of Selectmen’s office: Address Map/Parcel Size 10 Arlington Street 76.1.3/74 4,000 sf Kent Street, aka Berkeley Street (between 23, 25) 76.1.3/74 4,000 sf Nichols Street 92.4/199 5,000 sf 5 Maine Avenue 60.3.1/423, 424 3,050 sf 12 Maine Avenue 60.3.1/431, 432 4,000 sf 4 New Hampshire Avenue 60.3.1/418, 419 3,994 sf 9 Rhode Island Avenue 60.3.1/349, 350 4,000 sf 26 Rhode Island Avenue 60.3.1/160, 161 4,000 sf 29 Shell Street, Siasconset 73.1.3/120 3,945 sf 40B Shell Street, Siasconset 73.1.3/118 800 sf 34, 35 Saccacha Avenue 82/329, 330 8,000 sf And, to take any other action as may be appropriate thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to, subject to the requirements of Massachusetts General Law chapter 30B, to sell, convey, or otherwise dispose of the following Town-owned parcels, subject to guidelines established under the draft “Nantucket Yard Sale Program” on file in the Board of Selectmen’s office: Page 84 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ADDRESS MAP / PARCEL(S) SIZE Kent Street, aka Berkeley Street (between 23, 25) 76.1.3 / 188, 189 4,000 sf Nichols Street 92.4 / 199 5,000 sf 5 Maine Avenue 60.3.1 / 423, 424 3,050 sf 12 Maine Avenue 60.3.1 / 431, 432 4,000 sf 4 New Hampshire Avenue 60.3.1 / 418, 419 3,994 sf 9 Rhode Island Avenue 60.3.1 / 349, 350 4,000 sf 40B Shell Street, Siasconset 73.1.3 / 118 800 sf 34, 35 Saccacha Avenue 82 / 329, 330 8,000 sf ARTICLE 87 (Real Estate Acquisition: Taking Nantucket Sound) To see if the Town of Nantucket will vote to acquire by purchase, trade, or gift a parcel of land abutting Nantucket Sound in each of the towns of Edgartown, Oak Bluffs, Falmouth, Mashpee, Barnstable, Yarmouth, Dennis, Harwich and Chatham Massachusetts (for not more than one dollar per parcel with a ninety-nine year lease to the seller for not more than one dollar with the seller having first option to renew the lease or re-purchase the parcel at the same price) whereby the town and county boundaries of Nantucket would be expanded to include all of Nantucket Sound. (Barbara Gookin, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 88 (Real Estate Acquisition: Washington Street) To see if the Town will vote to acquire by purchase, gift or eminent domain, the following parcels of land, the buildings thereon and fixtures and equipment therein, for general municipal purposes, the following described three parcels: Assessor’s Map # 55.1.4, Lots # 6, 8 and 36 having street locations of 96 and 97 Washington Street and 11 Salt Marsh Way and to request the representatives of the Town in the General Court to file special legislation in support thereof and in furtherance of the creation of a Nantucket Port Authority to administer same and other harbor assets of the Town; and, further to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute a sum of money to carry out the foregoing; and, further to authorize the Board of Selectmen to take any and all actions necessary or appropriate in connection therewith. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Selectmen are hereby authorized to acquire by purchase, gift or eminent domain, the following parcels of land, the buildings thereon and fixtures and equipment therein, for general municipal purposes: Assessor’s Map # 55.1.4, Lots # 6, 8 and 36 having street locations of 96 and 97 Washington Street and 11 Salt Marsh Way; and the representatives of the Town in the General Court are hereby requested to file special legislation in support thereof and in furtherance of the establishment of a Port of Nantucket and the creation of a Nantucket Port Authority to administer same and other harbor assets of the Town in the form of legislation to be presented at town meeting; and, further to appropriate the sum of Twenty Million Six Hundred Thousand Dollars ($20,600,000) for the purposes set forth herein; and, to meet the appropriation, that the Treasurer of the Town, with the approval of the Board of Selectmen, is authorized to borrow this amount pursuant to any applicable statute, contingent upon the passage by ballot of a referendum question exempting the principal so borrowed and interest thereon from the limitations of Proposition 2½ so-called (G.L. Ch. 59, s. 21C(m)). Page 85 2004 Annual Town Meeting Warrant with Finance Committee Recommendations FINANCE COMMITTEE COMMENT: Adopting this Article will simply allow the Town to take the first step in what will be a three-step process. In addition to the passage of Article 88, that process will also require both a majority ballot vote to approve the funding and a second, two-thirds majority vote at a future Town Meeting to determine boundaries of the land to be taken. Taking this first step will allow the process to proceed to a point where any final decision can be based upon more and better information than is available today. It is clearly in the public interest to at least consider any and all options regarding the harbor and its prospective future use and development, and we therefore vote to give Article 88 a positive recommendation. ARTICLE 89 (Real Estate Acquisition: Washington Street) To see if the Town will vote to acquire by any lawful means including eminent domain, which may include the need to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute or, if necessary, debt related referendum, a sum not to exceed $ 19,500,000 (Nineteen Million Five Hundred Thousand Dollars) or the adjudged fair market damages value in the event of proceeding by eminent domain, whichever is less, the following described parcels of land, the buildings thereon and fixtures and furnishings therein, for general municipal purposes. The following described three parcels have been collectively referred to as the boat yard portion of the Proposed Development Site of the Great Harbor Yacht Club: Parcel One, Two and Three: Assessor’s Map # 55.1.4, Lots # 6, 8 and 36 – being three of those same parcels as described in the Major Development Plans for Great Harbor Yacht Club, Washington Street Extension dated October 10, 2003 and submitted to the Nantucket Planning Board prior to its November 10 Meeting and having street locations of 96 and 97 Washington Street and 11 Salt Marsh Way. (Robert F. Paterson, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 90 (Real Estate Disposition: Lease Authorization for Recreational Shooting Range Facility) To see if the Town will vote to authorize the Board of Selectmen of the Town of Nantucket, acting both in their capacity as such and, to the extent necessary, as the Commissioners of the County of Nantucket to negotiate the terms and conditions of and to grant a lease of certain land within the area described as Parcels 4, 5 and 6 and shown on Assessor’s Map 78, said land being zoned as LUG-3 for the demarcation, design, layout, construction, maintenance and operation of a recreational facility for use by the permanent and part-time residents of Nantucket and their guests for rifle, pistol and shotgun shooting upon ranges to be designated thereon; said lease to be negotiated with and granted to the Nantucket Hunting Association, Inc. or such other not-for-profit organization principally located on Nantucket and which has been duly incorporated under Chapter 180 of the General Laws, whose members have experience in the conduct or operation of such shooting activities and which subscribes or belongs to such state and national organizations as are normally involved in training and educational activities for adults and juniors in the safe and proper use of firearms and in organized programs for marksmanship and competition; the terms and conditions to be negotiated and granted by the Board of Selectmen shall include all those normally found in a land lease agreement, including but not limited to the length of the lease, payment therefore and such terms related to exclusive use as the Selectmen shall deem reasonable and necessary under the circumstances. (Steven Holdgate, et al) FINANCE COMMITTEE MOTION: Moved that the Selectmen are hereby authorized to grant a lease of the property of certain land within the area described as Parcel 5 and shown on Assessor’s Map 78 for the purpose of for the demarcation, design, layout, construction, maintenance and operation of a recreational facility for use by the permanent and part-time residents of Nantucket and their guests for rifle, pistol and shotgun shooting upon Page 86 2004 Annual Town Meeting Warrant with Finance Committee Recommendations ranges to be designated thereon; said lease should be negotiated with and granted to the Nantucket Hunting Association, Inc. or such other not-for-profit organization principally located on Nantucket and which has been duly incorporated under Chapter 180 of the General Laws, whose members have experience in the conduct or operation of such shooting activities and which subscribes or belongs to such state and national organizations as are normally involved in training and educational activities for adults and juniors in the safe and proper use of firearms and in organized programs for marksmanship and competition; the terms and conditions to be negotiated and granted by the Board of Selectmen shall include such terms related to exclusive use as the Selectmen shall deem reasonable and necessary under the circumstances. ARTICLE 91 (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 2005 tax levy. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 92 (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: The Committee’s motion will be provided at Town Meeting. Town of Nantucket 16 Broad Street Nantucket, MA 02554 PRSRT STD U.S. POSTAGE PAID SO. YARMOUTH, MA 02664 PERMIT 30