The URL can be used to link to this page

Home My WebLink About2005 Annual Town Meeting & Special Town Meeting Warrant-FinCom Motions FINAL Town of Nantucket 2005 Annual Town Meeting 7:00 PM, Monday, April 11, 2005 Nantucket High School 2005 Special Town Meeting 7:00 PM, Tuesday, April 12, 2005 Nantucket High School Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page i Town of Nantucket 16 Broad Street Nantucket, MA 02554 508-228-7255 www.nantucket-ma.gov BOARD OF SELECTMEN Timothy M. Soverino, Chairman Bruce L. Watts, Vice-Chairman Robert F. Murphy Michael A. Glowacki Douglas L. Bennett FINANCE COMMITTEE Philip D. Bartlett, Chairman John W. Atherton, Jr., Vice-Chairman Jeanette Garneau Christopher J. Kickham Gregory P. Keltz Bruce D. Miller Lindsey R. Perry, Jr. Michael B. Rosen Cover Photo by Rob Benchley Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page ii 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. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page iii TOWN OF NANTUCKET 2005 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 2 5 Appropriation: Reserve Fund 2 6 Fiscal Year 2005 General Fund Budget Transfers 3 7 Personnel Compensation Plans for FY 2006 3 8 Appropriation: FY 2006 General Fund Operating Budget 8 9 Appropriation: Health and Human Services 10 10 Appropriation: General Fund Capital Expenditures 11 11 Appropriation: Ambulance Reserve Fund 13 12 Appropriation: FY 2006 Enterprise Funds Operations 13 13 Appropriation: Enterprise Funds Capital Expenditures 14 14 Appropriation: Airport Terminal Project 16 15 Enterprise Funds: FY 2005 Budget Transfers 16 16 Enterprise Funds: Rescind Unused Borrowing Authority 17 17 Appropriation: County Assessment 17 18 Appropriation: Finalizing Fiscal Year 2006 County Budget 18 19 Appropriation: Sanford Fund 18 20 Appropriation: Chapter 90 Roadwork 18 21 Appropriation: Ferry Embarkation Fee 19 22 Appropriation: Collective Bargaining Agreement/Laborer’s Union 19 23 Appropriation: Collective Bargaining Agreement/Police Union 19 24 Appropriation: Collective Bargaining Agreement/Fire Union/FY 2005 20 25 Appropriation: Collective Bargaining Agreement/Fire Union/FY 2006 20 26 Appropriation: Collective Bargaining Agreement/Public Works Union/FY 2006 21 27 Appropriation: Community Preservation Committee/Rector 21 28 Appropriation: Hummock Pond Road Bicycle Path/Sullivan 25 29 Appropriation: Town Manager Study/Barnes 25 30 Zoning Bylaw Amendment: Cap on Retail MCDs 26 31 Zoning Bylaw Amendment: Major Commercial Development/Loftin 26 32 Bylaw Amendment/General Law Acceptance: Committees/Marcavitch 27 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page iv TOWN OF NANTUCKET 2005 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 33 Zoning Bylaw Amendment: Major Commercial Developments/Marcavitch 28 34 Zoning Bylaw Amendment: Major Commercial Developments/Marcavitch 29 35 Zoning Bylaw Amendment: Major Commercial Developments/Marcavitch 29 36 Zoning Bylaw Amendment: Purpose/Marcavitch 29 37 Zoning Bylaw Amendment: Site Plan Review/Marcavitch 30 38 Zoning Bylaw Amendment: Major Commercial Developments/Conditions/Boyce 30 39 Zoning Bylaw Amendment: Site Plan Review/Boyce 30 40 Zoning Bylaw Amendment: Parking & Driveway Modifications 31 41 Zoning Map Change: LUG-1 to RC-2/Rickard 31 42 Zoning Map Change: Macys Lane/Conlon 31 43 Zoning Map Change: Multi-Family Overlay District/LaFrance 32 44 Zoning Map Change: Multi-Family Overlay District 32 45 Zoning Bylaw Amendment: Island Perimeter Restrictions/Collier 32 46 Zoning Bylaw Amendment: Secondary Residential Lots/Johnson 33 47 Zoning Bylaw Amendment: Mixed-Income Residential Development/Loftin 33 48 Zoning Bylaw Amendment: Secondary Dwellings/Atherton 37 49 Zoning Bylaw Amendment: Formula Retail Use 38 50 Town Sewer District Map Change/Stanton 39 51 Siasconset Sewer District Map Change/Glidden 39 52 General Bylaw Amendment: Outdoor Lighting/Boyce 40 53 General Bylaw: Wetlands/Collier 47 54 General Bylaw: Chemical Pesticides/Austin 47 55 General Bylaw: Streets and Sidewalks 50 56 General Bylaw: Car Rental Agencies, Registration of 50 57 General Bylaw: Streets and Sidewalks 51 58 Home Rule Petition: Land Bank/Freedman 51 59 Home Rule Petition: Sewer System Capital Improvement Fund/MacIntyre 52 60 Home Rule Petition: Limitations on Motor Vehicles 54 61 Home Rule Petition: Community Housing Bank 55 62 Home Rule Petition: Speed Limits on Nantucket 58 63 Home Rule Petition: Nantucket Housing Authority 59 64 Acceptance of MGL c. 41, s. 100G¼ : Payment of Funeral Expenses of Firefighters and Police Officers Killed in Performance of Duties 60 65 Request for Conveyance of Property/Zadroga 61 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page v TOWN OF NANTUCKET 2005 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 66 Real Estate Acquisition: Sparks Avenue/Hooper Farm Road/Pleasant Street 61 67 Real Estate Disposition: 131 Pleasant Street 62 68 Real Estate Disposition: Grant of Easement 62 69 Real Estate Disposition: Long-term Lease Authorization/Cow Pond Lane 63 70 Real Estate Disposition: Long-term Lease Authorization/Boulevarde 63 71 Real Estate Disposition: Long-term Lease Authorization/Miller 63 72 Real Estate Acquisition: Airport Commission 64 73 Real Estate Disposition: Transfer of Jurisdiction of Town Property Between Municipal Agencies 64 74 Appropriation: Stabilization Fund 64 75 Appropriation: Free Cash 65 The April 12, 2005 Special Town Meeting Warrant begins on Page 67. NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 1 ARTICLE 1 (Receipt of Reports) To receive the reports of various departments and committees as printed in the Fiscal Year 2004 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 2004 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 Fourteen Thousand Five Hundred Fifty-one Dollars and Twenty-six Cents ($14,551.26) be raised and appropriated from the Fiscal Year 2006 tax levy and other general revenues to pay the following unpaid bills from prior fiscal years: DEPARTMENT VENDOR AMOUNT Public Works Nantucket Cottage Hospital $120.00 Public Works Timothy Lepore, MD $162.00 Public Works Short Cuts Lawn Service $2,713.39 Public Works B.E. Byrne, Inc. $10,637.00 Public Works LaFleur Crane Service. Inc. $360.00 Selectmen Minolta $311.15 Selectmen Verizon $70.22 Selectmen Thomson-West $177.50 TOTAL $14,551.26 ARTICLE 3 (Appropriation: Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds in Articles voted in prior years. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on this Article. Funding from prior year articles is contained in the motion for Article 6. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 2 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 2006. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hereby authorized to continue during Fiscal Year 2006 as follows: FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND SPENDING LIMIT Beach Improvement Beach Permit Sticker sales Town Administrator with approval of Board of Selectmen In accordance with c. 56, § 7A of Town Code, and including endangered species monitor program; beach patrols/monitors; beach use education/information $350,000 Tennis Court Tennis fees Town Administrator with approval of Park & Recreation Commission Operation, maintenance of tennis court facility and housing for seasonal staff $50,000 Conservation Fund Conservation Commission application fees Town Administrator with approval of Conservation Commission Consulting services in connection with professional review of applications $100,000 Airport Fuel Sales Fuel sales Airport Commission Purchase of fuel $3,000,000 Septic System Inspections Septic system application fees Town Administrator with approval of Board of Health Contractor services in connection with septic system inspections $30,000 Seasonal Food Service Inspections Food service permit fees Town Administrator with approval of Board of Health Seasonal food service inspections $25,000 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 2006, beginning July 1, 2005 and ending June 30, 2006; said sum not to exceed five percent (5%) of the Fiscal Year 2006 tax levy. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Seven Hundred Thousand Dollars ($700,000) be raised and appropriated from the Fiscal Year 2006 tax levy and other general revenues of the Town to establish a Reserve Fund for Fiscal Year 2006 pursuant to chapter 40, §6 of the General Laws. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 3 ARTICLE 6 (Fiscal Year 2005 Budget Transfers) To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2005 operating budget from other line items of said budget and from other available funds. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from the expenditure authorizations listed below to the various fiscal year 2005 accounts and expenditures listed as follows: FROM TO AMOUNT Building Department Expenses Building Department Salaries $12,000 Article 10, 1998 ATM Our Island Home Expenses $79,000 Article 10, 1998 ATM Our Island Home Expenses $562 Article 10, 2001 ATM Our Island Home Expenses $17,546 Article 10, 1999 ATM Our Island Home Expenses $4,019 Article 10, 1999 ATM Our Island Home Expenses $96 Marine Department Expenses Park & Recreation Salaries $37,000 Marine Department Expenses Zoning Board of Appeals Salaries $20,000 Marine Department Salaries Public Buildings Expenses $25,000 Marine Department Salaries Town Clerk Expenses $13,200 Selectmen Expenses Legal Expenses $55,000 Selectmen Expenses Public Buildings Expenses $20,000 Free Cash Public Works Expenses/Snow & Ice Removal $175,000 Personnel Expenses Debt Service Interest Expenses $6,000 Town Clock Expenses Finance Committee Expenses $2,100 Article 9, 2004 ATM Fire Department Expenses $20,000 Police Department Salaries Police Department Expenses $25,000 Medical Insurance Account Fifty-third Week of Payroll $231,000 Article 8, 2004 ATM "Anticipated Contract Settlements" Fifty-third Week of Payroll $48,000 ARTICLE 7 (Personnel Compensation Plans for Fiscal Year 2006) To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year 2006: Schedule A -- Full-time/Non-union Administrative Employees and Laborer’s Union Administrative and Supervisory Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule B -- Full-time/Non-union Hourly Employees and Laborer’s Union Clerical Employees COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 4 Schedule C – Laborer’s Union Department Head Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule D -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) $600.00 Americans with Disabilities Act Facilitator (hourly) 15.00 Building Inspector, Assistant (hourly) 30.00 Dietician/Our Island Home (hourly) 33.00 Election Warden (hourly) 10.00 Election Worker (hourly) 8.50 EMT, Call (per call hour) 15.00 Fire Captain, Call (yearly) 150.00 Fire Fighter, Call (per call hour) 15.00 Fire Lieutenant, Call (yearly) 125.00 Fire Chief, Second Deputy (yearly) 5,000.00 Fire Chief, Third Deputy (yearly) 5,000.00 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, 2005- April 14, 2006) 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 Attendant (Park & Recreation), Laborer (Park & Recreation) E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal Maintenance Supervisor (Park & Recreation); Tennis Instructor (Park & Recreation), Swimming Instructor (Park & Recreation) Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 5 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 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 Schedule K -- Police Department Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule L – Dispatchers’ Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule M -- Compensation Schedule for Elected Officials* Moderator $150 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Register of Deeds SD Sheriff as per MGL Town Clerk SD Level Start After 12 Mos. After 24 Mos. After 36 Mos. After 48 Mos. After 60 Mos. After 72 Mos. After 84 Mos. A $ 36,127 $ 37,934 $ 39,830 $ 41,821 $ 43,914 $ 46,110 $ 48,414 $ 50,835 B $ 41,662 $ 43,746 $ 45,932 $ 48,229 $ 50,641 $ 53,172 $ 55,830 $ 58,623 C $ 48,149 $ 50,556 $ 53,086 $ 55,741 $ 58,526 $ 61,454 $ 64,525 $ 67,750 D $ 54,342 $ 57,060 $ 59,911 $ 62,907 $ 66,054 $ 69,356 $ 72,825 $ 76,465 E $ 59,809 $ 62,798 $ 65,938 $ 69,236 $ 72,696 $ 76,331 $ 80,149 $ 84,158 F $ 65,212 $ 68,473 $ 71,897 $ 5,491 $ 79,264 $ 83,229 $ 87,392 $ 91,759 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. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 6 (Board of Selectmen) Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 7 FINANCE COMMITTEE MOTION: Moved that the following schedules be adopted: Schedule A -- Full-time/Non-union Administrative Employees and Laborer’s Union Administrative and Supervisory Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule B -- Full-time/Non-union Hourly Employees and Laborer’s Union Clerical Employees COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule C – Laborer’s Union Department Head Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule D -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) $600.00 Americans with Disabilities Act Facilitator (hourly) 15.00 Building Inspector, Assistant (hourly) 30.00 Dietician/Our Island Home (hourly) 33.00 Election Warden (hourly) 10.00 Election Worker (hourly) 8.50 EMT, Call (per call hour) 15.00 Fire Captain, Call (yearly) 150.00 Fire Fighter, Call (per call hour) 15.00 Fire Lieutenant, Call (yearly) 125.00 Fire Chief, Second Deputy (yearly) 5,000.00 Fire Chief, Third Deputy (yearly) 5,000.00 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, 2005- April 14, 2006) 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 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 8 *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 Attendant (Park & Recreation), Laborer (Park & Recreation) E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal Maintenance Supervisor (Park & Recreation); Tennis Instructor (Park & Recreation), Swimming Instructor (Park & Recreation) 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 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 Schedule K -- Police Department Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule L – Dispatchers’ Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule M -- Compensation Schedule for Elected Officials* Moderator $150 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Register of Deeds SD Sheriff as per MGL Town Clerk SD Level Start After 12 Mos. After 24 Mos. After 36 Mos. After 48 Mos. After 60 Mos. After 72 Mos. After 84 Mos. A $ 36,127 $ 37,934 $ 39,830 $ 41,821 $ 43,914 $ 46,110 $ 48,414 $ 50,835 B $ 41,662 $ 43,746 $ 45,932 $ 48,229 $ 50,641 $ 53,172 $ 55,830 $ 58,623 C $ 48,149 $ 50,556 $ 53,086 $ 55,741 $ 58,526 $ 61,454 $ 64,525 $ 67,750 D $ 54,342 $ 57,060 $ 59,911 $ 62,907 $ 66,054 $ 69,356 $ 72,825 $ 76,465 E $ 59,809 $ 62,798 $ 65,938 $ 69,236 $ 72,696 $ 76,331 $ 80,149 $ 84,158 F $ 65,212 $ 68,473 $ 71,897 $ 5,491 $ 79,264 $ 83,229 $ 87,392 $ 91,759 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 9 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 10 Longevity pay: After completion of five (5) years: 2% of base annual pay After completion of ten (10) years: 3% of base annual pay After completion of fifteen (15) years: 4% of base annual pay After completion of twenty (20) years: 5% of base annual pay *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. ARTICLE 8 (Appropriation: Fiscal Year 2006 Operating Budget) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of supporting the offices, departments, boards and commissions of the Town of Nantucket for Fiscal Year 2006. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2006 operating budget be established for the various offices, boards and commissions of the Town as follows: Department FY 2006 Payroll FY 2006 Expenses FY 2006 Total Budget FY 2005 Total Budget GENERAL GOVERNMENT Conservation Commission $93,500 $49,900 $143,400 $138,000 Disability, Commission on $10,700 $3,200 $13,900 $13,900 Finance Committee $0 $14,800 $14,800 $14,800 Finance & Operations $1,125,000 $347,150 $1,472,150 $1,220,550 Historic District Commission $190,200 $25,400 $215,600 $194,000 Information Systems/GIS $214,500 $187,200 $401,700 $398,900 Legal $0 $320,000 $320,000 $320,000 Moderator $0 $1,500 $1,500 $1,500 NP & EDC $343,200 $48,300 $391,500 $370,600 Personnel Board $0 $14,100 $14,100 $14,100 Planning Board $52,600 $11,550 $64,150 $60,050 Selectmen $380,300 $100,900 $481,200 $494,400 Town Clerk $176,600 $44,000 $220,600 $210,900 Zoning Board of Appeals $85,700 $16,900 $102,600 $74,300 Subtotal $2,672,300 $1,184,900 $3,857,200 $3,526,000 SAFETY & PROTECTION Inspectors $518,200 $36,700 $554,900 $499,600 Emergency Mgt. $0 $10,150 $10,150 $10,150 Fire Department $1,539,900 $197,600 $1,737,500 $1,723,600 Health Department $222,900 $25,300 $248,200 $225,100 Parking Clerk $0 $12,100 $12,100 $12,100 Police Department & Animal Control $3,169,000 $371,400 $3,540,400 $2,943,600 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 11 Department FY 2006 Payroll FY 2006 Expenses FY 2006 Total Budget FY 2005 Total Budget Street Lighting $0 $75,000 $75,000 $75,000 Subtotal $5,450,000 $728,250 $6,178,250 $5,489,150 MARINE & COASTAL RESOURCES Marine Department $434,500 $56,700 $491,200 $608,200 Subtotal $434,500 $56,700 $491,200 $608,200 MAINTENANCE Gas/Town Vehicles $0 $124,000 $124,000 $124,000 Mosquito Control $110,400 $20,000 $130,400 $119,200 Public Buildings $0 $480,200 $480,200 $440,200 Public Works $1,372,000 $513,000 $1,885,000 $1,851,700 (separate org) Snow & Ice Removal $25,000 $25,000 Subtotal $1,482,400 $1,162,200 $2,644,600 $2,535,100 HUMAN SERVICES Adult Community Day Care $76,200 $37,500 $113,700 $100,300 Aging, Council on $172,200 $23,000 $195,200 $175,200 Human Services, Council for $104,000 $8,300 $112,300 $102,100 Our Island Home $3,570,200 $752,800 $4,323,000 $4,014,600 Veterans' Services $9,900 $400 $10,300 $10,300 Subtotal $3,932,500 $822,000 $4,754,500 $4,402,500 CULTURE & RECREATION Atheneum $0 $565,000 $565,000 $515,000 Park & Recreation $540,600 $161,500 $702,100 $603,600 Town Clock $0 $6,600 $6,600 $6,600 Visitor Services $230,100 $171,100 $401,200 $380,600 Subtotal $770,700 $904,200 $1,674,900 $1,505,800 Anticipated Contract Settlements separate warrant articles $0 $409,000 Total of Department Oper. Budgets $14,742,400 $4,858,250 $19,600,650 $18,475,750 EDUCATION Community School $310,000 $0 $310,000 $310,000 School Department $14,294,850 $3,571,700 $17,866,550 $16,851,535 Subtotal $14,604,850 $3,571,700 $18,176,550 $17,161,535 Grand Total of General Gov't. Oper. Bdgts $29,347,250 $8,429,950 $37,777,200 $35,637,285 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 12 Department FY 2006 Payroll FY 2006 Expenses FY 2006 Total Budget FY 2005 Total Budget DEBT SERVICE Principal $4,102,100 $4,102,100 $2,954,000 Interest $2,651,000 $2,651,000 $1,963,000 Subtotal $6,753,100 $6,753,100 $4,917,000 INSURANCES payroll related all other Auto Casualty $175,000 $175,000 $157,500 Blanket Liability $575,000 $575,000 $525,000 Claims Deductible $18,000 $18,000 $15,800 Insurance Consulting $28,000 $28,000 $26,200 Life Insurance $23,000 $23,000 $20,800 Medical Insurance $7,000,000 $7,000,000 $6,800,000 Unemployment $65,000 $65,000 $63,000 Workers Compensation $180,000 $180,000 $159,600 Laborer's Union Pension $26,000 $26,000 $23,100 Subtotal $7,294,000 $796,000 $8,090,000 $7,791,000 ASSESSMENTS Barnstable Retirement $2,761,460 $0 $2,761,460 $2,575,700 State assessment Removed from Article 8 for FY 2006 per Dept. of Revenue $338,600 Subtotal $2,761,460 $0 $2,761,460 $2,914,300 Grand Total of Operating Budget $39,402,710 $15,979,050 $55,381,760 $51,259,585 And, to meet these appropriations, the sum of Fifty-five Million Three Hundred Eighty-one Thousand Seven Hundred Sixty Dollars ($55,381,760) be raised and appropriated from the Fiscal Year 2006 tax levy and other general revenues of the Town. The budget recommended by the School Committee for the School Department, including Community School, for Fiscal Year 2006 is Eighteen Million One Hundred Seventy-six Thousand Five Hundred Thirty-five Dollars ($18,176,535). 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 Fiscal Year 2006, which contracts shall stipulate mutually agreed upon terms and conditions. (Board of Selectmen) Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 13 FINANCE COMMITTEE MOTION: Moved that Three Hundred Thirty Thousand Six Hundred Thirty-five Dollars ($330,635) be raised and appropriated from the Fiscal Year 2006 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 2006, which contracts shall stipulate mutually agreed upon terms and conditions: AGENCY AMOUNT Alliance for Substance Abuse $5,000 A Safe Place $40,000 Big Brothers/Big Sisters $12,000 Elder Services of Cape Cod & Islands/Meals on Wheels Program $9,043 Family & Children’s Services/Nantucket Behavioral Health Services $150,000 Interfaith Council Food Pantry $30,000 Interfaith Council Housing Advocate $15,000 Interfaith Council Rental Assistance Program $10,000 Legal Services of Cape Cod & Islands $3,700 Small Friends $25,892 Sherburne Commons, Inc. $5,000 Human Services/Social Services $25,000 TOTAL $330,635 ARTICLE 10 (Appropriation: General Fund Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, for the purposes of capital expenditures for Fiscal Year 2006 for the offices, departments, boards, and commissions of the Town of Nantucket. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated for capital expenditures for general fund departments for Fiscal Year 2006; all such expenditures to be made by the Town Administrator with the approval of the Board of Selectmen, and further the Town Administrator with the approval of the Board of Selectmen is authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced as follows: DEPARTMENT ITEM AMOUNT Fire Purchase of additional equipment for Engine 6 $50,000 Fire Purchase of wireless alarm consoles $75,000 Information Systems Purchase of new and replacement servers and associated equipment $50,000 Information Systems Purchase of wireless network equipment $50,000 Information Systems Purchase of replacement desktops and printers $50,000 Park & Recreation Improvements to Surfside Beach public restrooms $50,000 Police Repairs to windows at Loran Barracks employee housing $60,000 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 14 DEPARTMENT ITEM AMOUNT Public Works Repairs and maintenance for bicycle paths and sidewalks $25,000 Public Works Construction of ADA compliant sidewalk ramps $25,000 Public Works Purchase of replacement pick-up trucks (2) with plows (2) $60,000 TOTAL $495,000 And, to meet the appropriation, that Four Hundred Ninety-five Thousand Dollars ($495,000) be raised and appropriated from the Fiscal Year 2006 tax levy and other general revenues of the Town, contingent however, upon passage by ballot of a general permanent operating override referendum question exempting this amount from the limitations of Proposition 2 ½ so-called pursuant to G.L. Ch. 59, § 21C(g); and, further, that the following capital expenditures for general fund departments be approved for Fiscal Year 2006, all such expenditures to be made by the Town Administrator with the approval of the Board of Selectmen, and further that the Town Administrator with the approval of the Board of Selectmen is authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced as follows: DEPARTMENT ITEM AMOUNT Fire Replacement of Ambulance $150,000 Fire Replace Engine 7 $350,000 Public Works Purchase of new street sweeper $174,000 School NES building improvements: Installation of unit ventilators $150,000 School CPS building improvements: Repairs to gym roof $250,000 School NHS building improvements: Façade repairs and painting $700,000 School Development of new playing fields $250,000 School Purchase of computers and related technology equipment $100,000 Town Administration Supplemental funding for Old South Road and Fairgrounds Road bicycle paths $375,000 Town Administration Construction and associated costs for Vesper Lane bicycle path $200,000 Town Administration Design costs associated with Public Safety Facility at 2 Fairgrounds Road; and, general site feasibility, including preliminary site planning and architectural and structural feasibility, for the use of the remainder of the site for park, cultural/art/community center, open space, parking and community housing purposes $1,875,000 TOTAL $4,574,000 And, to meet the appropriation for all items other than the Fire Department Replacement Ambulance, that the Treasurer of the Town, with the approval of the Board of Selectmen, is hereby authorized to borrow Four Million Four Hundred Twenty-four Thousand Dollars ($4,424,000) pursuant to any applicable statute for all of the above items, contingent upon 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, that One Hundred Fifty Thousand Dollars ($150,000) be appropriated from the Ambulance Reserve Fund for the Fire Department Replacement Ambulance. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 15 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 Thousand Dollars ($240,000) 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 Thousand Dollars ($240,000) be appropriated 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, and to meet this appropriation the sum of Two Hundred Forty Thousand Dollars ($240,000) is hereby transferred from the Ambulance Reserve Fund. All expenditures to be made by the Fire Department, subject to the approval of the Board of Selectmen and/or Town Administrator. 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 Fiscal Year 2006: 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 2006 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 through the Nantucket Water Commission; and the remaining appropriations to be expended through the Board of Selectmen: FUND FY 2006 PAYROLL FY 2006 EXPENSES FY 2006 TOTAL BUDGET FY 2005 TOTAL BUDGET Airport $3,286,806 $6,826,932 $10,113,738 $7,959,648 Sewer ( includes Wastewater Treatment; Collection & Disposal; and Siasconset plant) $543,458 $1,949,222 $2,492,680 $2,211,900 Siasconset Water $105,000 $128,500 $233,500 $232,000 Solid Waste $0 $6,292,000 $6,292,000 $5,767,000 Wannacomet Water $922,900 $2,034,700 $2,957,600 $2,650,800 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 16 TOTAL $4,858,164 $17,231,354 $22,089,518 $18,821,348 Further, that the above appropriations be funded as follows: FUND FUNDING SOURCES AMOUNTS Airport FY 06 Anticipated Revenues $10,113,738 Sewer FY 06 Anticipated Revenues $2,415,700 FY 06 Retained Earnings $76,980 Siasconset Water FY 06 Anticipated Revenues $233,500 FY 06 Anticipated Revenues $3,907,200 Solid Waste FY 06 Tax Levy and other General Revenues $1,900,000 Retained Earnings $484,800 Wannacomet Water FY 06 Anticipated Revenues $2,957,600 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 Fiscal Year 2006 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 appropriated for the Enterprise Fund departments for Fiscal Year 2006 with the Airport appropriations to be expended through the Airport Commission, the Sewer Enterprise and Solid Waste Enterprise appropriations to be expended by the Town Administrator with the approval of the Board of Public Works, the Wannacomet Water Enterprise appropriations to be expended through the Nantucket Water Commission and the Siasconset Water Enterprise appropriations to be expended through the Siasconset Water Commission: DEPARTMENT ITEM AMOUNT Airport Implementation of security measures $400,000 Airport Purchase of airfield vehicles and equipment $250,000 Airport Landscaping at Airport entrance $50,000 Airport Installation of vehicle fuel system $100,000 Subtotal $800,000 Sewer Stormwater and drainage mapping -- phase II $50,000 Sewer Replacement of backhoe at Surfside WWTF $62,000 Sewer Construction and related costs for infiltration/inflow improvements $3,135,000 Subtotal $3,247,000 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 17 DEPARTMENT ITEM AMOUNT Siasconset Water Installation of water meters $1,900,000 Siasconset Water Costs associated with construction of new storage tank and system improvements $3,900,000 Subtotal $5,800,000 Solid Waste Costs associated with expansion of Materials Recovery Facility $500,000 Subtotal $500,000 Wannacomet Water Distribution system improvements $500,000 Wannacomet Water Rehabilitation/improvement of administrative offices $750,000 Wannacomet Water Costs associated with construction of garage and maintenance facility $900,000 Wannacomet Water Costs associated with construction of new source well and pumping station $1,300,000 Wannacomet Water Costs associated with construction of new 2.0 million gallon water storage tank $5,000,000 Wannacomet Water Costs associated with replacement of Cliff Road water main $3,000,000 Subtotal $11,450,000 TOTAL $21,797,000 And, to meet these appropriations, that the following funding sources be used: FUNDING SOURCE AMOUNT Airport Borrowing $800,000 Sewer Borrowing $3,247,000 Siasconset Water Borrowing $5,800,000 Solid Waste Borrowing $500,000 Wannacomet Borrowing $11,450,000 Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, borrow the sum of Eight Hundred Thousand Dollars ($800,000) with the intent that any and all repayments and debt service (if applicable) are to come from Airport revenues; that the Treasurer of the Town with the approval of the Board of Selectmen borrow the sum of One Hundred Twelve Thousand Dollars ($112,000), as a general obligation of the Town, with the intent that all repayments and debt service are to come from Sewer Enterprise revenues; that the Treasurer of the Town with the approval of the Board of Selectmen be authorized to borrow Three Million One Hundred Thirty-five Thousand Dollars ($3,135,000) 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 Sewer Enterprise Fund; that the Treasurer of the Town with the approval of the Board of Selectmen borrow the sum of Five Million Eight Hundred Thousand Dollars ($5,800,000), as a general obligation of the Town, with the intent that all repayments and debt service are to come from Siasconset Water revenues; that the Treasurer of the Town with the approval of the Board of Selectmen borrow the sum of Five Hundred Thousand Dollars ($500,000), as a general obligation of the Town, with the intent that all repayments and debt service are to come from Solid Waste Enterprise revenues; that the Treasurer of the Town with the approval of the Board of Selectmen borrow the sum of Eleven Million Four Hundred Fifty Thousand Dollars ($11,450,000), as a general obligation of the Town, with the intent that all repayments and debt service are to come from Wannacomet Water revenues. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 18 ARTICLE 14 (Appropriation: Airport Terminal Project) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from available funds, including anticipated Airport revenues, the sum of Twenty-five Million Dollars ($25,000,000) to be used by the Airport Commission for demolition of the existing Airport terminal and the construction of a new Airport terminal; for the construction of temporary access ways at the Airport during construction, new aircraft ramps and taxiways; and for the rebuilding of the road and parking system and all Airport access ways; and further to see if the Town will vote to authorize the Airport Commission to take any other action necessary to assist the construction process including executing contracts to carry out the foregoing and including applying for and expending federal and/or Commonwealth grants, or to take any other action as may be appropriate thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the sum of Twenty-five Million Dollars ($25,000,000) be appropriated, to be expended by the Airport Commission, to design and construct a new Airport Terminal Building to accommodate space demands from the airline tenants, Airport Administration and the new Homeland Security requirements for passenger and baggage screening, including expenditures for temporary relocation space for the existing businesses at the Airport during construction, aircraft ramp usage and the parking lot and terminal access ways including taxi usage, rental cars and NRTA, and for rebuilding of the road system and aircraft ramps and taxiways in the terminal area, and the Treasurer of the Town is hereby authorized, with the approval of the Board of Selectmen and Airport Commission, to borrow pursuant to any applicable statute, the sum of Twenty-five Million Dollars ($25,000,000) as general obligations of the town, it being the intent that the principal and interest is to be repaid from State and Federal grants and Airport Revenue. ARTICLE 15 (Enterprise Accounts: Fiscal Year 2005 Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2005 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 2005 to reduce or avoid increases in user charges: FROM TO AMOUNT Airport Retained Earnings Airport Expenses $1,100,000 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 19 ARTICLE 16 (Enterprise Funds: Rescind Unused Borrowing Authority) To see what unused borrowing authority the Town will vote to rescind; and, to take any other action as may be appropriate thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following unused borrowing authority is hereby rescinded: ATM YEAR FUND ARTICLE/FY and DESCRIPTION ORIGINAL BOND AUTHORIZATION EXPENDED BONDED UNISSUED & RESCIND ATM 1999 Airport A92/2000 Real Estate Acquisition $1,000,000 $ 975,000 $25,000 ATM 2000 Airport A97/2001 Real Estate Acquisition $600,000 - $600,000 ATM 2002 Airport A64/2003 Real Estate Acquisition $875,000 - $875,000 Total Real Estate Acquisition 123 Old South Rd $2,475,000 $2,193,238 $975,000 $1,500,000 ATM 1997 Airport A14/98 Update Airport Master Plan $75,000 $73,653 - $75,000 ATM 1997 Airport A14/98 Replace Jet Fuel Farm $280,000 $50,053 - $280,000 ATM 1997 Airport A14/98 Purchase Airfield Equipment $50,000 $50,000 - $50,000 ATM 1997 Sewer A14/98 Engineer/Design-Sconset WstWtr Facility $450,000 $450,000 $368,641 $81,359 ATM 1999 Sewer A12/2000 Naushop Pump Station $900,000 $850,000 $850,000 $50,000 ATM 1997 Wannacomet A14/98 Improve Water Distribution System $800,000 $800,000 - $800,000 TOTAL $5,030,000 $4,466,944 $2,193,641 $2,836,359 ARTICLE 17 (Appropriation: County Assessment) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, to pay the County of Nantucket such assessment as is required for Fiscal Year 2006, 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 2006 tax levy and other general revenues of the Town to fund the Fiscal Year 2006 County assessment. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 20 ARTICLE 18 (Appropriation: Finalizing Fiscal Year 2006 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 2006 by appropriating a sum of money for such County budget and authorizing the expenditure of estimated County revenues, County reserve funds, County deed excise fees or other available County funds including the Town assessment for County purposes; further, to see if the Town will vote to overturn any denial by the Nantucket County Review Committee of the establishment of a County Reserve Fund, from which transfers may be made to meet extraordinary or unforeseen expenditures with the approval of the County Commissioners acting as the County Advisory Board Executive Committee within the meaning of c. 35, s. 32 of the General Laws of the Commonwealth. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 19 (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 through the Board of Selectmen on public roads of the Town. ARTICLE 20 (Chapter 90 Roadwork) To see what sum the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer from available funds to be spent under the direction of the Board of Public Works in FY 2005 toward public roads. Further, to authorize the Board of Selectmen to apply for, accept and expend a grant which is to be the State's contribution and/or reimbursement under Chapter 90, Section 34(2a) of the General Laws for repairs, maintenance and improvements to public roads under the direction of the Board of Public Works; all expenditures made under this Article shall be of the type that will be eligible for reimbursement. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the sum of Three Hundred Seventy-three Thousand Three Hundred Fifty-four Dollars ($373,354) be appropriated for repairs, maintenance and improvements to public roads under the direction of the Board of Selectmen/Board of Public Works; and that the Board of Selectmen/Board of Public Works be authorized to accept a state grant in that amount for such purposes. All expenditures under this Article shall be of the type that are eligible for reimbursement. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 21 ARTICLE 21 (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 One Hundred Thirty-six Thousand Seven Hundred Sixty Dollars ($136,760) be appropriated from the proceeds of the Ferry Embarkation Fee in the Treasury of the Town to fund certain transportation services in the harbor area, by means of the Nantucket Regional Transit Authority (“NRTA”) using this appropriation for the purposes of funding a contract between the NRTA and the 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 traveling public in the harbor area. ARTICLE 22 (Appropriation: Collective Bargaining Agreement/Laborer’s Union) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2006 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Laborer’s Union employees (represented by the Massachusetts Laborers’ District Council of the Laborers’ International Union of North America for Locals 1060, 4348, 4349) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contract, or take any other action in relation thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that One Hundred Forty Thousand Dollars ($140,000) be raised and appropriated from the Fiscal Year 2006 tax levy and other general revenues of the Town to fund the cost items for Fiscal Year 2006 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Laborer’s Union employees (represented by the Massachusetts Laborers’ District Council of the Laborer’s International Union of North America for Locals 1060, 4348, 4349) in accordance with Chapter 150E of the General Laws of the Commonwealth, and that the Town’s classification and compensation plan be hereby amended accordingly to reflect such contract. ARTICLE 23 (Appropriation: Collective Bargaining Agreement/Police Union) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2006 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Police Department employees (represented by Union of Fraternal Order of Police, Nantucket Lodge #11) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contract, or take any other action in relation thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Seventy Thousand Dollars ($70,000) be raised and appropriated from the Fiscal Year 2006 tax levy and other general revenues of the Town to fund the cost items for Fiscal Year Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 22 2006 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Police Department employees (represented by the Union of Fraternal Order of Police, Nantucket Lodge #11) ) in accordance with Chapter 150E of the General Laws of the Commonwealth, and that the Town’s classification and compensation plan be hereby amended accordingly to reflect such contract. ARTICLE 24 (Appropriation: Collective Bargaining Agreement/Fire Union/FY 2005) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2005 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Fire Department employees (represented by the International Association of Firefighters a/f/w AFL-CIO, Local No. 2509) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contract, or take any other action in relation thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Sixty-six Thousand Dollars ($66,000) be transferred from the General Fund account “Anticipated Contract Settlements” (as voted in the motion adopted pursuant to Article 8 of the 2004 Annual Town Meeting to fund the cost items for Fiscal Year 2005 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Fire Department employees (represented by the International Association of Firefighters, Local #2509) in accordance with Chapter 150E of the General Laws of the Commonwealth, and that the Town’s classification and compensation plan be hereby amended accordingly to reflect such contract. ARTICLE 25 (Appropriation: Collective Bargaining Agreement/Fire Union/FY 2006) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2006 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Fire Department employees (represented by the International Association of Firefighters a/f/w AFL-CIO, Local No. 2509) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contract, or take any other action in relation thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Thirty-three Thousand Dollars ($33,000) is raised and appropriated from the Fiscal Year 2006 tax levy and other general revenues of the Town to fund the cost items for Fiscal Year 2006in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Fire Department employees (represented by the International Association of Firefighters, Local #2509) in accordance with Chapter 150E of the General Laws of the Commonwealth, and that the Town’s classification and compensation plan be hereby amended accordingly to reflect such contract. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 23 ARTICLE 26 (Appropriation: Collective Bargaining Agreement/Public Works Union) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2006 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Public Works Department employees (represented by American Federation of State, County and Municipal Employees, Local No. 2977A) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contract, or take any other action in relation thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Fifty-six Thousand Three Hundred Dollars ($56,300) is raised and appropriated, and to meet the appropriation that Forty-five Thousand Dollars ($45,000) be raised from the Fiscal Year 2006 tax levy and other general revenues of the Town; and, that Eleven Thousand Three Hundred Dollars ($11,300) be appropriated from the Fiscal Year 2006 Sewer Enterprise Fund to fund the cost items for Fiscal Year 2006 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Department of Public Works employees (represented by the American Federation of State, County and Municipal Employees, Local #2346) in accordance with Chapter 150E of the General Laws of the Commonwealth, and that the Town’s classification and compensation plan be hereby amended accordingly to reflect such contract. ARTICLE 27 (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 2006 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 Nantucket Conservation Foundation Acquisition of University of Massachusetts Field Station Property $250,000 Nantucket Land Council, Inc. Purchase Conservation Restriction on Linda Loring Nature Foundation, Inc. (270 Acres) $125,000 Nantucket Parks and Recreation Commission Children’s Beach Playground $20,000 Jetties Beach Playground $65,000 Skateboard Park $150,000 Prospect Hill Cemetery, Inc. Prospect Hill Cemetery Project $150,000 Subtotal $760,000 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 24 PURPOSE AMOUNT Community Housing Habitat for Humanity Nantucket, Inc. Habitat for Humanity Nantucket $50,000 Landmark House Exterior Preservation Project $54,000 Nantucket Behavioral Health Services Tryworks House $100,000 Nantucket Human Services Center, Inc. Nantucket Human Services Center, Inc. $185,000 Nantucket Housing Office House Recycling Program $200,000 Nantucket Housing Office, Year Four $238,750 Sherburne Commons, Inc. Sherburne Commons, Inc. $150,000 Subtotal $977,750 Historic Resources American Youth Hostels, Inc. - Eastern New England Council Star of the Sea Hostel Preservation and Rehabilitation Phase II & IV $61,000 Maria Mitchell Association Restoration of the Mitchell House $57,375 Museum of Afro-American History Florence Higginbotham House Restoration Project Phase II $240,000 Nantucket Board of Selectmen Restoration of the Madaket Life Saving Station Surf-Boat House $15,700 Nantucket Life Saving Museum Preservation of Historic Life-Saving Collections $61,248 Nantucket Town Clerk Town Clerk’s Record Restoration Project, Phase III $100,000 St. Paul’s Church Historic Gardner Hall Renovation $130,000 South Church Preservation Fund Repair of Beams in South Tower & Restoration of Town Clock Hands $43,677 Two Centre Street Restoration Project, Inc. Preservation of the Historic Methodist Church Building $170,000 Subtotal $879,000 Administrative Community Preservation Committee Administrative and Operating Expenses $93,211 Subtotal $93,211 TOTAL $2,709,961 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 25 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY2006 Community Preservation Surcharge $1,240,000 From State matching funds for FY 2005, to be received in FY 2006 $1,096,276 From open space reserve fund balance $245,265 From fund balance $128,420 Total Revenues $2,709,961 for Fiscal Year 2006 Community Preservation Purposes with each item considered a separate appropriation to be spent by the Community Preservation Committee. Provided, however, that the above expenditures are conditional upon the recording of appropriate historic preservation restrictions for historic resources; open space restrictions for open space resources, and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures, meeting the requirements of Chapter184 of the General Laws pursuant to Section 12 of the Community Preservation Act. (Barry G. Rector, et al) FINANCE COMMITTEE MOTION: Moved that the following sums be appropriated or reserved for later appropriation from Community Preservation Fund Fiscal Year 2006 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 FY 2006 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 Nantucket Conservation Foundation Acquisition of University of Massachusetts Field Station Property $250,000 Nantucket Land Council, Inc. Purchase Conservation Restriction on Linda Loring Nature Foundation, Inc. (270 Acres) $125,000 Nantucket Parks and Recreation Commission Children’s Beach Playground $20,000 Jetties Beach Playground $65,000 Skateboard Park $150,000 Prospect Hill Cemetery, Inc. Prospect Hill Cemetery Project $150,000 Subtotal $760,000 Community Housing Habitat for Humanity Nantucket, Inc. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 26 PURPOSE AMOUNT Habitat for Humanity Nantucket $50,000 Landmark House Exterior Preservation Project $54,000 Nantucket Behavioral Health Services Tryworks House $100,000 Nantucket Human Services Center, Inc. Nantucket Human Services Center, Inc. $185,000 Nantucket Housing Office House Recycling Program $200,000 Nantucket Housing Office, Year Four $238,750 Sherburne Commons, Inc. Sherburne Commons, Inc. $150,000 Subtotal $977,750 Historic Resources American Youth Hostels, Inc. - Eastern New England Council Star of the Sea Hostel Preservation and Rehabilitation Phase II & IV $61,000 Maria Mitchell Association Restoration of the Mitchell House $57,375 Museum of Afro-American History Florence Higginbotham House Restoration Project Phase II $240,000 Nantucket Board of Selectmen Restoration of the Madaket Life Saving Station Surf-Boat House $15,700 Nantucket Life Saving Museum Preservation of Historic Life-Saving Collections $61,248 Nantucket Town Clerk Town Clerk’s Record Restoration Project, Phase III $100,000 St. Paul’s Church Historic Gardner Hall Renovation $130,000 South Church Preservation Fund Repair of Beams in South Tower & Restoration of Town Clock Hands $43,677 Two Centre Street Restoration Project, Inc. Preservation of the Historic Methodist Church Building $170,000 Subtotal $879,000 Administrative Community Preservation Committee Administrative and Operating Expenses $93,211 Subtotal $93,211 TOTAL $2,709,961 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 27 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY2006 Community Preservation Surcharge $1,240,000 From State matching funds for FY 2005, to be received in FY 2006 $1,096,276 From open space reserve fund balance $245,265 From fund balance $128,420 Total Revenues $2,709,961 Provided, however, that the above expenditures are conditional upon the recording of appropriate historic preservation restrictions for historic resources; open space restrictions for open space resources, and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures, meeting the requirements of Chapter184 of the General Laws pursuant to Section 12 of the Community Preservation Act. ARTICLE 28 (Appropriation: Hummock Pond Road Bicycle Path) To see if the Town will vote to allocate up to $300,000.00 for the design and required studies for a bike path starting at Vesper Lane, following Hummock Pond Road, continuing to Cisco. (Patrick J. Sullivan, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: Recommended that the NP & EDC consider including this project in its next annual Transportation Improvement Program. ARTICLE 29 (Appropriation: Town Manager Study) To see if the Town will vote to take whatever action is necessary to establish a TOWN MANAGER form of government for the Town and County of Nantucket, and further, to authorize the sum of $25,000 to be allocated from free cash to be used for necessary expenses to undertake whatever study is required to implement this change. (Curtis L. Barnes, et al) FINANCE COMMITTEE MOTION: Moved not to adopt. FINANCE COMMITTEE COMMENT: As worded, the Article would commit the Town to moving to and implementing a change in Town government structure. The Finance Committee believes it is premature to establish and implement such a new form of governance, without any prior study of the merits and lack of merits of such change. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 28 ARTICLE 30 (Zoning Bylaw Amendment: Cap on Retail MCDs) 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 (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 Chapter 139-11K as follows: K. Temporary Cap on retail MCD’s (1) 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 square feet or more of gross floor area of commercial use, including roofed-over storage areas, except within the Mid Island Planning Overlay District (MIPOD). (c) Expansion of an existing commercial development located in the MIPOD whenever the expanded portion of development, added together starting from the effective date of this §139-11K is devoted primarily to retail use and has 10,000 square feet or more of additional floor area used for retail sales. The area devoted to retail sales shall be calculated by including only those portions of the interior floor area used for the display and sales of goods and shall not include the interior area of ancillary storage, office or preparation use. Within the MIPOD, for the purposes of this clause (c) only, the area of any free-standing buildings containing up to 3,000 square feet of gross floor area used for retail sales on a single lot or on contiguous tracts of land, held in common ownership or control shall not be included in the calculation of total square feet of retail use in a major commercial development notwithstanding the definition of major commercial development stated in §139-11 (B). (2) The provisions of this § 139-11K shall expire on December 31, 2006, unless extended by vote of Town Meeting. (Board of Selectmen for Major Commercial Development Work Group) PLANNING BOARD MOTION: Motion to be provided at Town Meeting. ARTICLE 31 (Zoning Bylaw Amendment: Major Commercial Development) To see if the Town will vote to: Amend Section 139-11K of the Nantucket Zoning Bylaw (Major Commercial Development MCD) as follows: Amend Section 139-11K(2) by deleting “2006” and replacing it with “2008.” (C. Richard Loftin, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 29 ARTICLE 32 (Bylaw Amendment/General Law Acceptance: Committees) To see if the Town will vote to: Adopt Massachusetts General Laws, Chapter 40, Section 8D and to see if the town will amend Chapter 11 (Committees) to add Article VII (Nantucket Archaeological and Preservation Commission) to the Code of the Town of Nantucket as follows: Article VII: Nantucket Archaeological and Preservation Commission Section 24: Authority. Whereas, the Town of Nantucket recognizes that the protection, preservation, perpetuation and use of places, areas, buildings, structures and other objects having a special historical, community or aesthetic interest or value is a public necessity and is required in the interest of the people the following bylaw is enacted. This by-law is enacted pursuant to M.G.L. c. 40, § 8D and such commission shall hereafter be known as the Nantucket Archaeological and Preservation Commission (NAPC). Section 25: Purpose. The NAPC is established for the preservation, protection and development of the historical and archeological assets of the Town. The NAPC shall have the duties and powers set forth in M.G.L. c. 40, § 8D. Section 26: Appointment; terms of office. A. The Board of Selectmen shall appoint the NAPC members. Members should have demonstrated interest in the fields of historic preservation, archaeology, museums, or cultural programs. Appointees shall be resident taxpayers. Initial appointments shall be two (2) for one (1) year, two (2) for two (2), and one (1) for (3) years. After the initial appointments, NAPC members shall serve terms of three years each. The NAPC shall consist of five members. The Board of Selectmen shall appoint successors to the present members when each member’s term expires. B. One representative of the Nantucket Historic District Commission, Nantucket Planning Board, the Parks and Recreation, Land Bank, and Conservation Commission, shall be ex-officio non-voting members. The Nantucket Historical Association and any other organization concerned with archaeological sites or historic structures shall also be invited to appoint a representative to the commission who shall serve in an ex-officio non-voting capacity. Section 27: Vacancies. Whenever a vacancy shall occur in the membership of the NAPC by reason of death, resignation, inability to act or for any other reason, the vacancy shall be filled by appointment by the Selectmen for the remainder of the term. Section 28: Officers. The NAPC, at its first annual meeting and thereafter annually in July of each year, shall elect from its membership a Chairman, a Vice Chairman, and a Secretary. Each officer shall hold office until the next annual election. In the event a vacancy occurs in any of the offices above, the Commission shall hold a special meeting for the purpose of electing one of its members to fill such vacancy. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 30 Section 29: Annual report; publications The NAPC shall prepare and submit an annual report of its activities to the town. The NAPC shall prepare cultural resource reports, historic preservation plans, maps, studies, or other relevant publications as pertain to the preservation of the Town. Section 30: Duties; Responsibilities. A. The NAPC shall conduct researches for places of historic or archeological value, shall cooperate with the state archeologist in conducting such researches or other surveys, and shall seek to coordinate the activities of unofficial bodies organized for similar purposes. B. For the purpose of protecting and preserving such places it may make recommendations, as it deems necessary to the city council or the selectmen and, subject to the approval of the city council or the selectmen, to the Massachusetts Historical Commission, that any such place be certified as an historical or archeological landmark. Upon request by any town agency, board or commission, it shall make comments on proposed permits that concern proposed alterations to landmarks, historic sites or cultural landscapes. C. It shall report to the state archeologist the existence of any archeological, paleontological or historical site or object discovered in accordance with section twenty-seven C of chapter nine of Massachusetts General Laws, and shall apply for permits necessary pursuant to said section twenty-seven C of Massachusetts General Laws. Any information received by a local historical commission with respect to the location of sites and specimens, as defined in section twenty-six B of chapter nine of Massachusetts General Laws, shall not be a public record. D. The commission may hold hearings, may enter into contracts with individuals, organizations and institutions for services furthering the objectives of the commission's program; may enter into contracts with local or regional associations for cooperative endeavors furthering the commission's program; may accept gifts, contributions and bequests of funds from individuals, foundations and from federal, state or other governmental bodies for the purpose of furthering the commission's program; may make and sign any agreements and may do and perform any and all acts which may be necessary or desirable to carry out the purposes of this section. Said commission may acquire in the name of the city or town by gift, purchase, grant, bequest, devise, lease or otherwise the fee or lesser interest in real or personal property of significant historical value and may manage the same. (Aaron Marcavitch, et al) FINANCE COMMITTTEE MOTION: Moved not to adopt the Article. ARTICLE 33 (Zoning Bylaw Amendment: Major Commercial Developments) To see if the Town will vote to: Amend Chapter 139 (Zoning), Section 11 (Major Commercial Developments), Subsection D of the Code of the Town of Nantucket as follows: Amend the following category: (4) …when a finding is made by the Planning Board that is in the public interest to do so. A Certificate of Appropriateness must be granted on all exterior architectural features (as defined in the Special Acts of Legislature1970, ch. 395) by the Nantucket Historic District Commission. The COA is based on design guidelines outside of the Planning Board Design Guidelines. (Aaron Marcavitch, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 31 ARTICLE 34 (Zoning Bylaw Amendment: Major Commercial Developments) To see if the Town will vote to: Amend Chapter 139 (Zoning), Section 11 (Major Commercial Developments), Subsection F of the Code of the Town of Nantucket as follows: Amend the following subcategory: (6) The preservation of certain historical and natural features, including but not limited to ponds, wetlands, dunes, beaches, archaeological sites, historic buildings, and cultural landscapes. (Aaron Marcavitch, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 35 (Zoning Bylaw Amendment: Major Commercial Developments) To see if the Town will vote to: Amend Chapter 139 (Zoning), Section 11 (Major Commercial Developments), Subsection J of the Code of the Town of Nantucket as follows: Amend the following subcategory: (2) …off-site area. Housing reusing existing building stock is encouraged so as to promote the goal of reducing unnecessary additional infrastructure. Sensitive reuse of historic buildings is also encouraged in consultation with the Nantucket Archaeological and Preservation Commission. (Aaron Marcavitch , et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 36 (Zoning Bylaw Amendment: Purpose) To see if the Town will vote to: Amend Chapter 139 (Zoning), Section 1 (Purpose) of the Code of the Town of Nantucket as follows: To promote the health, safety, convenience, morals, and general welfare of its inhabitants, to lessen the danger from fire and congestion, to protect and conserve the value of property and the historical, cultural, and environmental elements of the town, and to encourage the most appropriate use of the land, under the provisions of the State Zoning Act, MGL c. 40A, the use, construction, repair, alteration and height of buildings and structures and the use of land and the size and shape of lots in the Town of Nantucket are hereby restricted and regulated as hereinafter provided. (Aaron Marcavitch, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 32 ARTICLE 37 (Zoning Bylaw Amendment: Site Plan Review) To see if the Town will vote to: Amend Chapter 139 (Zoning), Section 23 (Site Plan Review), Subsection H of the Code of the Town of Nantucket as follows: Add the following subcategory: H. (5), (a) [12] Nantucket Archaeological and Preservation Commission Amend the following subcategory: J. (1) …vote of the Nantucket Planning Board on October, 13, 1987. Applicants shall also consider the guidelines of the Nantucket Historic District Commission's Building with Nantucket in Mind, as amended from time to time. (Aaron Marcavitch, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 38 (Zoning Bylaw Amendment: Major Commercial Developments/Conditions) To see if the town will vote to amend Chapter 139 (Zoning), Section 11 (Major Commercial Developments), Subsection F (Conditions) of the Code of the Town of Nantucket as follows: (3) Control exterior lighting of grounds, parking areas and buildings by submission of a lighting plan. This plan shall indicate location, height, type, luminous intensity, and estimates for site illumination. This plan shall require that no light be projected above the horizontal plane, and otherwise conform to the conditions in Chapter 102, Lighting. (Peter Boyce, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 39 (Zoning Bylaw Amendment: Site Plan Review) To see if the Town will vote to amend Chapter 139 (Zoning), Section 23 (Site Plan Review) of the Code of the Town of Nantucket as follows: F. (1), (q) …screening purposes: path; outdoor lighting fixtures, indicating that the fixture is fully shielded such that light is not projected above the horizontal plane and conforms to Chapter 102, Lighting; J. (3) …illumination of .5 foot-candle unless otherwise permitted by the review authority. Lighting fixtures shall be shielded in such a way as to not project light above the horizontal plane and to prevent glare on adjoining properties, and on public and private rights-of-way, as stipulated in Chapter 102, Lighting,… (Peter Boyce, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 33 ARTICLE 40 (Zoning Bylaw Amendment: Parking and Driveway Modifications) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, by altering driveway standards, 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): Third, amend the existing 139-20.1(B)(2)(h) text as follows: (h) On-site turnarounds will be required for all lots within the LUG-1, LUG-2, LUG-3, and MMD zoning districts, except for those lots in said districts that are within a Cluster or MRD subdivision and those lots with driveway access onto the following roadways: (Note: the remainder of this section remains unchanged) (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) §139-20.1(B)(2)(h) of the Code of the Town of Nantucket is hereby amended as follows: (h) On-site turnarounds will be required for all lots within the LUG-1, LUG-2, LUG-3, and MMD zoning districts, except for those lots in said districts that are within a Cluster or MRD subdivision and those lots with driveway access onto the following roadways: (Note: the remainder of this section remains unchanged) ARTICLE 41 (Zoning Map Change: LUG-1 to RC-2) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following parcels , now situated in the Limited Use General-1 zoning district, in the Residential Commercial-2 zoning district: Map 54, Parcels 47, 48, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134, 135, 176, 177, 178, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 290, 291, Chatham Street, Sasachumet Lane, and the portion of Parcel 175, labeled on the Nantucket Assessor’s Map as a “Way” lying between parcels 176 and 177; and Map 55, Parcel 68; as shown upon a copy of a portion of Nantucket Assessor’s Map 54 below. (Lydle L. Rickard, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 42 (Zoning Map Change: Macy’s Lane) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following parcels, now situated in the Limited Use General-2 zoning district, in the Residential Commercial-2 zoning district: Map 68, Parcels 54 and 55 (together known as 35 Macy’s Lane) (Land Court Plan 16514-G, Lot 48, and Land Court Plan 16514-S, Lot 94). (Raymond P. Conlon, et al) Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 34 PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be hereby amended by rezoning and changing the Zoning District classification of the parcels of land referenced on Assessor’s records as Map 68, Parcels 54 and 55 (together known as 35 Macy’s Lane and Lot 48, Land Court Plan 16514-G and Lot 94 Land Court Plan 16514-S) by placing these parcels, now situated in the Limited Use General-2 zoning district, in the Residential Commercial-2 zoning district. Note: In recommending favorable action on this article, the Planning Board considered the long history of commercial use of the property, surrounding commercial and airport land use and acknowledges that the article’s sponsor has voluntarily agreed to restrict any future subdivision of the property to a maximum of six (6) lots by a covenant granted to the Town of Nantucket and enforceable by the Planning Board. ARTICLE 43 (Zoning Map Change: Multi-Family Overlay District) To see if the Town will vote to add land parcel 239.2 as described and identified on Map 68 in Deed Book Pg. 74 to the Multi Family Overlay District (MFOD). (Allan LaFrance, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 44 (Zoning Map Change: Multi-Family Overlay District) To see if the Town will vote to add Assessor’s map parcels 68.251.1 and 68.251.2 as described and identified on Map 68 in Deed Book Pg. 74 to the Multi Family Overlay District (MFOD). (Board of Selectmen for Allan LaFrance, 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: The lot shown on a plan entitled “Condominium Plan of 4 Young’s Way”, dated 3 February 1996, on file at the Nantucket Registry of Deeds at Plan File 52-D, and referenced in Assessors’ records as map 68, parcels 251.1 and 251.2 and known as 4A and 4B Young’s Way. ARTICLE 45 (Zoning Bylaw Amendment: Island Perimeter Restrictions) To see if the town will vote to amend Chapter 139 (Zoning), Section 22B (Island Perimeter Restrictions) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text; language to by deleted is shown as strike-out; these methods to denote changes are not meant to become part of the final text): 139-22. Island Perimeter restrictions. B. In all districts, except the Residential Commercial District the construction of new docks and piers and wharves, including extensions of new or enlarged docks, piers or wharves, the extension of existing docks, piers or wharves, and the addition or creation of new appurtenant structures (defined as floats or ramps) for existing docks, piers or wharves is prohibited for shorefront land, except those docks, wharves and piers approved by the Nantucket Conservation Commission as of April 30, 1992, and as of April 15, 2005 for the Residential Commercial District, and/or future docks, wharves and piers of governmental or public entities. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any dock, pier or wharf lawfully existing as Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 35 of April 30, 1992, and as of April 15, 2005 for the Residential Commercial District, so long as such dock, pier or wharf is not extended nor any new appurtenant structures are added thereto. [Amended 5-5-1992 ATM by Art.38, AG approval 8-3-1992; 4-10-1995 ATM by Art. 50, AG approval 5-22-1995; 4-13-1998 ATM by Art. 35, AG approval 7-31-1998; 4-10-2000 ATM by Art.29, AG approval 8-2-2000] (Cormac Collier, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 46 (Zoning Bylaw Amendment: Secondary Residential Lots) To see if the Town will vote to Amend Section 139-7 H(3)(f) of the Nantucket Zoning Bylaws to read as follows: (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%; and further excepted that if the original lot has been improved with two dwelling units constructed pursuant to a building permit or permits duly issued on or before April 12, 2004, notwithstanding any pre-existing non-conformities relating to ground cover, front setback, side setback and rear setback, said original lot may be divided hereunder provided that said division does not increase any dimensional nonconformity and that if there are non-conformities with respect to primary lot and/or secondary lot groundcover, the sum of the groundcover of the primary and secondary lot complies with the ground cover requirement of the Original Lot, or does not exceed the ground cover existing as of April 12, 2004. (Cliff J. Johnson, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 47 (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: 139-7I. 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 two or more lots shown on a conventional or cluster subdivision plan so as to create a Mixed-Income Residential Development (MIRD). For each lot brought into the MIRD subdivision, the second-dwelling right can 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 139-7I: Affordable 80 Covenant: a Nantucket Housing Needs Covenant-- Ownership Form, as defined in Chapter 100 of the Code of the Town of Nantucket, with a provision in perpetuity that the subject lot with dwelling thereon shall be owned and occupied by a household earning no more than 80% of the Nantucket County median household income adjusted for Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 36 family size. Affordable 80 Lot: a buildable lot on a MIRD Plan that is subject to an Affordable 80 Covenant. Affordable 150 Covenant: a Nantucket Housing Needs Covenant-- Ownership Form, as defined in Chapter 100 of the Code of the Town of Nantucket, with a provision in perpetuity that the subject lot with dwelling thereon shall be owned and occupied by a household earning no more than 150% of the Nantucket County median household income. Affordable 150 Lot: a buildable lot on a MIRD Plan that is subject to an Affordable 150 Covenant 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 or prexists the enactment of the Nantucket zoning bylaw. Market-Rate Lot: a buildable lot on a MIRD Plan that is not an Affordable Lot. MIRD Plan: a subdivision plan that is created by subdividing land pursuant to this Section 139-7I. NHNC Program: the Nantucket Housing Needs Covenant Program set forth in Chapter 100 of the Code of the Town of Nantucket and regulations thereunder. Original Lots: the lots on an Original Plan that comprise the land 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, but neither a previously created MIRD Plan nor a plan created pursuant to Section 139-7F (Major Residential Development) shall qualify as an Original Plan. Two-dwelling lot: a 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 139-7I. (4) Any two or more two-dwelling lots on an Original Plan, whether or not in common ownership, may be subdivided to create a MIRD Plan. Lots on an Original Plan that do not qualify as two-dwelling lots shall not be included in the land being subdivided on the MIRD Plan. (The lots on an Original Plan that comprise the land on the MIRD Plan are referred to herein as "Original Lots.") (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 shall be a number that is at least 25% but not more than 100% of the number of Original Lots. (A fraction of a lot shall be counted as a whole lot.) (7) At least 25% of the Affordable Lots shall be designated as Affordable 80 Lots. (A fraction of a lot shall be counted as a whole lot.) The remaining Affordable Lots shall be designated as Affordable 150 Lots. (8) Affordable Lots shall be restricted as follows: (a) Each Affordable Lot shall be made subject to the appropriate Affordable 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 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 37 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. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 38 (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 NHNC Program. (9) All Affordable Lots and an equal number of Market-Rate Lots shall be restricted to one dwelling per lot. Each Market-Rate Lot that is restricted to one dwelling shall be so designated 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 two-dwelling lots on the MIRD Plan shall be as follows: (1) If the Original Plan is a conventional subdivision, the frontage requirement is that provided by the intensity regulations of Section 139-16, or the average frontage of the Original Lots, whichever is less. (2) If the Original Plan is a cluster development, the frontage requirement is 20 feet. (iii) There shall be no frontage requirement for one-dwelling lots on the MIRD Plan. However, when a proposed MIRD Plan shows one or more one-dwelling lots with less frontage than the frontage requirement for a two-dwelling lot (as defined in subparagraph (ii) above), the following shall apply: The Planning Board shall impose easements and/or other conditions as necessary to ensure adequate access and utility service to such one-dwelling lots; and the Planning Board also may impose building envelopes and/or other conditions that will result in an appropriate placement of dwellings in the subdivision. (b) The maximum ground cover ratio for lots on the MIRD Plan shall be the same as that for the Original Lots. (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 the Planning Board may reduce side or rear setbacks by up to 100% pursuant to Section 139-7B(3)(a). Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 39 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 2,000 3,600 15 5 R-1, ROH, RC, RC-2 2,000 3,200 10 5 (12) 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). (13) 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. (14) Lots on a MIRD Plan shall not be further subdivided except for minor lot-line adjustments, and such limitation on subdivision shall be noted on the MIRD Plan. (15) Nothing in this bylaw shall be construed to affect the applicability of the Planning Board's Rules and Regulations Governing the Subdivision of Land. (16) Nothing in this bylaw shall be construed to prohibit the voluntary imposition of a Nantucket Housing Needs Covenant on a Market-Rate Lot. (17) Except as stated above, all other provisions of this zoning bylaw shall be applicable to a MIRD subdivision. SECOND, in Section 139-30A (Special Permits), after the text "139-7(b)" insert: "for Mixed-Income Residential Developments pursuant to Section 139-7I,". 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 80% program; the other 7 affordable lots would be in the 150% program. If the developer instead wished to have only 3 affordable lots, he could designate one lot as an 80% lot, 2 lots as 150% 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. (C. Richard Loftin, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 40 ARTICLE 48 (Zoning Bylaw Amendment: Secondary Dwellings) To see if the Town will vote to amend the Nantucket Code, Chapter 139, by adding a new subsection (j) to paragraph 139 - 7 A. (2) which will read as follows: (j) No secondary dwelling, as otherwise permitted by this section, shall be allowed on any lot created after an affirmative vote by Town Meeting on this warrant article. COMMENT: The intent of this article is to propose a fair, first-step solution in regard to the much-debated issue of second dwellings. Its purpose is twofold: first, to reaffirm the right granted to property owners under current zoning laws to construct second dwellings on existing lots and, second, to moderate the impact of future growth by limiting development on lots to be created in the future to one dwelling. This article was first proposed at the 1998 Annual Town Meeting. While it received 267 yes votes, it did not garner the required two-thirds majority necessary for passage. In light of the discussion generated by the Comprehensive Wastewater Management Plan (CWMP) and its multi-million dollar cost — specifically the proposed upgrade and expansion of the Surfside Treatment Facility — it seems timely to reintroduce the proposal. Fewer overall second dwellings will have a direct impact on build-out estimates, which are used to determine the capacity needed at the Surfside Facility. Lower build-out scenarios, however modest, should result in reduced capacity projections. Reduced capacity projections, in turn, will lessen the size of the expansion needed and lower the cost of the project. Hopefully this will make it easier for the community to reach consensus regarding a manageable size and cost of an upgraded and expanded treatment plant. This article imposes no hardship on property owners: rather, it preserves our right to construct a second dwelling on our property, as permitted under current zoning laws. It is only lots that might be created in the future which will be limited to one primary dwelling. By supporting this proposal, we will be acting to moderate the potential adverse impact of future development, while at the same time retaining our existing development rights. Further, adoption of this article does not in any way preclude a future Town Meeting from acting on any other recommendations regarding second dwellings. Its adoption, however, allows us to take immediate, positive action in regard to an issue that everyone agrees has significant impact on development of Nantucket. (Rick Atherton, et al) PLANNING BOARD MOTION: Moved not to adopt the article. PLANNING BOARD COMMENT: This article received a negative recommendation based on an advisory opinion by Town Counsel that recent rulings by the Attorney General’s Office on similar articles suggest that this article would be viewed by the Municipal Law Unit as violating the uniformity provisions of MGL Chapter 40A, Section 4. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 41 ARTICLE 49 (Zoning Bylaw Amendment: Formula Retail Use) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows: First: Add the following to §139-3(E) Establishment of Districts: Historic Downtown Overlay District HDOD Second: Add the following to §139-4 Location of Districts The Historic Downtown Overlay District (HDOD) shall be located as depicted on a map entitled "Historic Downtown Overlay District," dated November 30, 2004, prepared by the Nantucket GIS Department, incorporated by reference and made a part hereof. A copy of the map is on file with the Town Clerk and the Building Commissioner. Third: Add the following to §139-2 Definitions and word usage FORMULA RETAIL USE - Formula retail use is hereby defined as a type of retail sales activity or retail sales establishment which, except for a grocery store, along with five or more other retail sales establishments nationally, maintains two or more of the following features: a standardized array of merchandise, a standardized façade, a standardized décor and color scheme, standardized signage, or a trademark. 1. Standardized array of merchandise shall be defined as 50% or more of in-stock merchandise from a single distributor bearing uniform markings. 2. Trademark shall be defined as a word, phrase, symbol or design, or a combination or words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others. 3. Décor shall be defined as the style of interior finishings, which may include but is not limited to, style of furniture, wall coverings or permanent fixtures. 4. Color Scheme shall be defined as selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the façade. 5. Façade shall be defined as the face or front of a building, including awnings, looking onto a street. 6. Signage shall be defined as business sign pursuant to Chapter 124 of the Town Bylaw. GROCERY STORE - A business primarily devoted to selling items including dairy products, produce, processed foods, meat, fish, non-alcoholic beverages, and baked goods. Fourth: Add the following to §139-12 Overlay Districts H. The purpose of the Historic Downtown Overlay District is to encourage appropriate use of historic resources within the traditional central business district and to encourage businesses that are beneficial to the traditional culture of Nantucket and to its economic vitality. In addition to the requirements of the underlying zoning, the following standards shall apply to a proposed use or an expansion of an existing use: a. Business located within the Historic Downtown Overlay District should not substantially alter the identity of Nantucket in a way that detracts from its uniqueness or contributes to a nationwide trend of standardized downtown offerings. b. Such uses should contribute to a diverse and appropriate blend of businesses. They should complement those businesses already on Nantucket and help promote and foster the local economic base as a whole. c. Such uses should be compatible with existing surrounding uses and have been designed to operate in a non-obtrusive manner to preserve the community's character and ambiance. (1) Except for formula retail businesses (as defined in 139-2), all other uses allowed or permitted in this district are Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 42 the same as those uses allowed or permitted in the underlying zones. (2) The Planning Board may in its discretion grant a special permit for formula retail use, as defined in 139-2, within the Historic Downtown Overlay District subject to the following standards and conditions and any other conditions the Planning Board in its discretion may impose to ensure conformity with these standards and with the review objectives and performance standards of Chapter 139-23A: a. Formula retail use not exceeding one thousand (1,000) square feet of gross floor area; b. The street frontage not exceeding fifty feet (50’); c. Retail operation does not exceeding two stories; d. Approval of the formula business use will be consistent with the goals of the Nantucket Comprehensive Community Plan, or any other community master plan. (Board of Selectmen for Wendy M. Hudson) Comment: The proposed overlay district is the current definition for the Core Old Historic Area, as defined by the Nantucket Historic District Commission. This bylaw will codify the HDOD into the Zoning Bylaw and add protections to preserve the character of the Core District. PLANNING BOARD MOTION: Moved that the Article be tabled. ARTICLE 50 (Town Sewer District Map Change) To see if the Town will vote to amend the Town of Nantucket Sewer District Map by including the following parcels of land within the Sewer District: (a) 14 Somerset Road – Tax Map 56, Parcel 104; (b) 16 Somerset Road – Tax Map 56, Parcel 302; (c) 18 Somerset Road –Tax Map 56, Parcel 104.1; and (d) 20 Somerset Road – Tax Map 56, Parcel 303. (John A. Stanton, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Committee recommends that no amendments to the Town Sewer District occur until after the Surfside Wastewater Treatment Facility Upgrade Project has been resolved. ARTICLE 51 (Siasconset Sewer District Map Change) To see if the Town will vote to amend the Siasconset Sewer District Map by including the following Parcels of land within the Siasconset Sewer District: (a) 9 Jennifer Lane – Tax Map 49.3.2, Parcel 4; (b) 15R Burnell Street – Tax Map 73.4.2, Parcel 50; (c) 13R Burnell Street – Tax Map 73.4.2, Parcel 89; and (d) 12 Lincoln Street – Tax Map 73.4.2, Parcel 88. (Richard J. Glidden, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Committee’s understanding is that the above parcels are outside of the design area for the Siasconset Wastewater Treatment Facility; and, not in an identified needs area. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 43 ARTICLE 52 (Bylaw: Outdoor Lighting) To see if the town will vote to add Chapter 102 to the Code of the Town of Nantucket as follows: § 102-1: Purpose; Applicability A. Good outdoor lighting at night benefits everyone. It increases safety, enhances the Town's nighttime character, and helps provide security. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare, light trespass, and higher energy use. Excessive glare can be annoying and may cause safety problems. Light trespass reduces everyone's privacy, and higher energy use results in increased costs for everyone. B. There is a need for a lighting ordinance that recognizes the benefits of outdoor lighting and provides clear guidelines for its installation so as to help maintain and compliment the Town's character. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of the town. C. This ordinance is intended to reduce the problems created by improperly designed and installed outdoor lighting. It is intended to eliminate problems of glare, minimize light trespass, and help reduce the energy and financial costs of outdoor lighting by establishing regulations that limit the direction of lighting and the area that certain kinds of outdoor-lighting fixtures can illuminate. D. The secondary purpose of this ordinance is to preserve the rural nature of the countryside, enhance nighttime enjoyment of property, and enhance the enjoyment of the night sky. E. All lighting standards in this section are applicable to all lighting and no lighting shall be installed or continued that violates the standards of this chapter. § 102-2: Definitions A. Event Lighting: Any lighting used for outdoor activities with large public gatherings. B. Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. C. Flood or Spotlight: Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. D. Foot-candle: A measurable industry standard of illumination equivalent to one lumen per square foot. E. Glare: Light emitting from a light source with intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness. F. Height of Light Source: The height of a light source shall be the vertical distance from the ground directly below the centerline of the light source to the lowest direct-light-emitting part of the light source. G. Indirect Light: Direct light that has been reflected or has scattered off of other surfaces. H. Lamp: The component of a light source that produces the actual light. I. Light Trespass: The shining of light produced by a light source beyond the boundaries of the property on which it is located. J. Outdoor Lighting: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means. K. Uplighting: Any fixture aimed in such a way as to project the light upward – above the horizontal plane passing through the lamp. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 44 § 102-3: Regulations; Prohibitions A. All residential fixtures with lamps of 600 lumens (about 40 watts incandescent) or less per fixture are exempt from regulation. B. All residential and commercial exterior lighting shall be designed such that the lamp is not directly visible from adjacent and neighboring properties or public rights-of-way. . C. For all type of uses, light level shall be no greater than one-half (0.5) of a foot-candle at a height of five feet above grade at the property line. D. No commercial property or properties containing mixed uses with a commercial component may exceed 20 foot-candles as measured three feet above grade (approximate waist height). E. In addition to being in compliance with the below sections, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on publicly traveled ways. Specifically, any light not designed for roadway illumination that produces direct or reflected glare that could be disturbing to the operator of a motor vehicle is prohibited. F. Mercury vapor sources are prohibited from use. The installation, sale, offering for sale, lease or purchase of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited. § 102-4: Uplighting; highlighting; floodlighting; motion lighting, recreation facilities A. Uplighting is only permitted when used as follows: 1. To light a primary entrance, when the lighting fixture is wall-mounted under an architectural element (e.g. roofs over walkways/entries or overhanging, non-translucent eaves) and that this element contains the illumination, and 2. To light local, state, or national flags, when no more than two light fixtures per flag are used, with a maximum of 150 watts (incandescent) each. The fixtures must be shielded such that the lamp is not visible outside a 15' radius. B. Highlighting, or illumination, of building facades by use of uplighting is prohibited. Driveways, and landscaping lighting shall be limited to 35 incandescent watts per fixture per 150 square feet of driveway or landscape area. C. Floodlighting is only permitted when it is down-directed and fully-shielded such that the lamp is not visible from adjacent and/or neighboring properties. Ground-mounted floodlighting of a structure is prohibited. D. For safety and security lighting the use of motion sensors, photocells, or photocell/timers to control duration of nighttime illumination is required. In all cases light intensity on the property shall be limited to between one (1) and two (2) foot-candles measured at a height of 3 feet above grade. 1. Motion sensors are the preferred method for controlling nighttime illumination since they turn on lights only when activated by motion and will remain on during the activity and for a set period of time (typically up to 30 minutes) following the last detection of motion. These are only permitted where the sensor is triggered by activity within the owner's property line. 2. Photo cells illuminate a property for the entire night (i.e. they are activated by sunlight, turning lights on at dusk and off at dawn). They are only permitted under the following conditions: a. At primary points of entrance (e.g. front entries) or in critical common areas for commercial and multi-family properties. b. Where the light sources are fully-shielded by opaque material (i.e. the fixture illuminates the area but is not itself visibly bright c. Where the light source is fluorescent (or compact fluorescent) to eliminate excess electricity consumption. For non-residential properties, HID light sources (high pressure sodium and metal halide) may be used instead of fluorescent lighting with partial cutoff shielding. 3. Timer/Photocell combinations activate the light source at dusk and turn it off at a selected time several hours later, well before dawn. This is the preferred method when used for nighttime control at primary points of entrance (e.g. front entries) and may be used with fully shielded lighting fixtures with non-transparent diffusion material.) Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 45 E. In recreation facilities, all lighting must conform to the above standards, except for those used for event lighting. Event lighting shall be fully shielded or provided with sharp cut-off capability, so as to minimize uplighting, spill-light, and glare. § 102-5: Fixture Height of light source A. Any fixture with a lamp or lamps rated at a total of more than 1800 lumens, and all flood or spot fixtures with a lamp or lamps rated at a total of more than 900 lumens, shall be mounted at a height equal to or less than the value 5 + (D/3), where D is the distance in feet to the nearest property boundary. The maximum height of the fixture may not exceed 20 feet. B. Non-residential, public service, and/or mixed residential and commercial fixture height of light source and types shall be as follows. 1. Fixture height of light source shall be ten (10) feet or less in height, or the fixture must be fully shielded (cutoff), non-adjustable, and down directed (or building mounted and directed back at a facade). 2. Parking lot lights shall be no greater than twelve (12) feet high. Light intensity on the lot shall not exceed one (1) foot-candle measured at a height of three (3) feet. 3. Pedestrian area lighting shall be no more than twelve (12) feet in height. Light intensity shall be between one-half (0.5) and one (1) foot-candle measured at ground level. Low-level fixtures that are fully shielded and down directed are preferred in most areas. Pole mounted options above 6' must be fully shielded, non-adjustable, and down directed. C. Event lighting shall be exempt from height limitations. § 102-6: Architectural Lighting; Feature Lighting A. All architectural lighting for residential purposes must comply with relevant Historic District Commission guidelines and application procedures. B. Linear architectural highlighting (including rope-lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement is discouraged and must be turned off 30 minutes after the close of public hours. C. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color lights shall be prohibited except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes. § 102-6 Exemptions; Temporary Lighting A. Except as noted below, the following types of lighting shall be exempt from the provisions, requirements and review standards of this section 1. Health, safety, and welfare. If a lighting plan or fixtures are proposed in which the deviations from this code provide demonstrable community and/or health, safety, and welfare benefits, an exemption may be considered. FAA and other Federal lighting requirements are considered public safety benefits. The applicant shall submit information to adequately assess the community and/or health, safety, and welfare benefits for approval by the Zoning Enforcement Officer. 2. Holiday/Winter lighting for residential and commercial properties. The lighting associated with any national, state, local, or religious holiday or celebration is recommended to be lit for no more than three weeks prior and two weeks following the holiday. The light intensity of all holiday lighting shall not exceed one-half (0.5) of a foot-candle at the property line. 3. Approved Historic Lighting Fixtures which may be otherwise non-conforming and which are consistent with the character of the historic structure may be exempted with proof of approval from the Historic District Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure and the lamps shall not exceed 750 lumens (about 50 watts incandescent) per fixture. Lighting Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 46 utilizing natural gas is also exempt within the context of a fixture meeting the character of a historic fixture. B. All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular light sources, shall be exempt from the requirements of this article. C. Lighting for Temporary Commercial Use/Special Events may be requested through the Board of Selectmen, in conjunction with the special events permit. § 102-7: Effective date; Violations A. Unless otherwise specified within this section, within three (3) years of April 1, 2005 all outdoor lighting fixtures that do not conform to requirements of this code must be replaced with conforming fixture or existing fixtures must be retrofitted to comply. Until that time all existing outdoor lighting fixtures shall be considered legal nonconforming fixtures, provided that the existing fixtures may not be expanded or increased in a manner which would result in greater non-conformity. B. It shall be deemed a breach of the peace and it shall be the duty of any police officer of the Town to order any person or persons so acting as to violate the provisions of this chapter to cease any prohibited activities which are specified in this chapter and, if the person or persons so ordered do not forthwith obey, to remove such person or persons or to arrest and/or cause such person or persons to be brought before the Trial Court of the Commonwealth District Court, Nantucket Division, upon a complaint made for a violation of the provisions of §102.C. If the violation occurs on the premises of rental property, the owner and/or his/her agent of said property must be notified in writing by certified mail that a violation of § 102 has occurred on said rental property and that a complaint for violation of said section may be taken against him or her if said property owner and/or his/her agent fails to bring the property into compliance. C. Upon an apparent violation of this chapter, the offending party shall be given a verbal order by the enforcing police officer to turn off or abate the light immediately or within a specified period of time. If the order is not complied with, the person or persons responsible shall be charged with a violation of this chapter. Anyone who violated this chapter shall be subject to a fine of $100. Written record of all measured violations shall be kept by the Police Department. D. Any police officer of the Town may utilize the noncriminal disposition specified in MGL c. 40, § 21D and Nantucket Code §§1-2 through 1-6 (Peter Boyce, et al) FINANCE COMMITTEE MOTION: Moved that the Code of the Town of Nantucket is hereby amended by adding the following Chapter 102 (Outdoor Lighting): § 102-1. Purpose; Applicability A. Good outdoor lighting at night benefits everyone. It increases safety, enhances the Town's nighttime character, and helps provide security. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare, light trespass, and higher energy use. Excessive glare can be annoying and may cause safety problems. Light trespass reduces everyone's privacy, and higher energy use results in increased costs for everyone. Light exposure to ecosystems is known to interfere with the circadian rhythms of plants and animals. B. There is a need for a lighting bylaw that recognizes the benefits of outdoor lighting and provides clear guidelines for its installation so as to help maintain and compliment the Town's character. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of the town. C. The primary purpose of this bylaw is intended to reduce the problems created by improperly designed and installed outdoor lighting. It is intended to eliminate problems of glare, minimize light trespass, and help reduce the energy and financial costs of outdoor lighting. It establishes regulations that limit the Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 47 wattages and lumens of outdoor lights, the direction of lighting and the area that certain kinds of outdoor-lighting fixtures can illuminate. D. The secondary purpose of this bylaw is to preserve the rural nature of the countryside, enhance nighttime enjoyment of property, to protect property values by controlling light trespass, and to enhance the enjoyment of the night sky. E. All lighting standards in this chapter are applicable to all lighting and no lighting shall be installed or continued that violates the standards of this chapter. § 102-2. Definitions A. Event Lighting: Any lighting used for outdoor activities with large public gatherings. B. Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. C. Flood or Spotlight: Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. D. Foot-candle: A measurable industry standard of illumination equivalent to one lumen per square foot. Measured by a light meter. E. Full Cut-Off Fixtures - Fixtures, as installed, that are designed or shielded in such a manner that all light rays emitted by the fixture, either directly from the lamps or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. F. Glare: Light emitting from a light source with intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness. G. Height of Light Source: The height of a light source shall be the vertical distance from the ground directly below the centerline of the light source to the lowest direct-light-emitting part of the light source. H. IESNA: Illuminating Engineering Society of North America (IES or IESNA) - The professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting. I. Indirect Light: Direct light that has been reflected or has scattered off of other surfaces. J. Lamp: The component of a light source that produces the actual light. K. Light Trespass: Light falling where it is not wanted or needed, generally caused by a light on a property that shines onto the property of others. L. Outdoor Lighting: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means. M. Partially Shielded: In which the bulb of the fixture is shielded by a translucent siding and the bulb is not visible at all. Light may be emitted at the horizontal level of the bulb. N. Uplighting: Lighting that is directed in such a manner as to shine light rays above the horizontal plane. § 102-3. Regulations; Prohibitions A. All residential fixtures with lamps of 600 lumens (about 40 watts incandescent) or less per fixture are exempt from regulation. B. All residential and commercial exterior lighting (except floodlights) shall be contained in fixtures with an opaque top and translucent sides (partially shielded) such that the bulb is not directly visible from adjacent and neighboring properties or public rights-of-way. . C. To minimize light trespass, in residential areas the light level at the property line shall be no greater than one-half (0.5) of a foot-candle, measured at a height of five feet above grade. D. Commercial property or properties containing mixed uses with a commercial component may not have lighting which exceeds the average minimum levels listed in the IESNA Recommended Publications. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 48 E. Parking area lights in commercial areas are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level. Parking lot lighting shall not exceed average minimum IESNA recommended values. F. Pedestrian area lighting shall be fully shielded or full cutoff, not exceed 12 feet in height, with illumination levels no higher than the average minimum IESNA recommended values. G. In addition to being in compliance with the other sections, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on publicly traveled ways. Specifically, all roadway lights and area lights along roadways must be shielded to prevent glare as seen from the road and only placed in areas deemed necessary for safety. Full cutoff fixtures are preferred. H. Mercury vapor sources are prohibited from use. The installation, sale, offering for sale, lease or purchase of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited. § 102-4. Uplighting; highlighting; floodlighting; motion lighting, recreation facilities A. Uplighting is only permitted when used as follows: 1. To light a primary entrance, when the lighting fixture is wall-mounted under an architectural element (e.g. roofs over walkways/entries or overhanging, non-translucent eaves) so this uplight is captured. 2. To light local, state, or national flags, when no more than two light fixtures per flagpole are used, with an equivalent total lumen maximum of a 150 watt bulb (incandescent). The fixtures must be shielded such that the lamp is not visible outside a 15' radius. It is preferred that all flags be lowered at sunset. B. Highlighting, or illumination, of building facades by use of uplighting is prohibited. C. Driveways, and landscaping lighting shall be limited to 35 incandescent watts per fixture per 150 square feet of driveway or landscape area. Fixtures must have opaque tops to prevent the escape of uplighting. Uplighting of trees and shrubs is prohibited. D. Floodlighting is only permitted when it is down-directed and fully-shielded such that the lamp is not visible from adjacent and/or neighboring properties. Ground-mounted floodlighting of a structure is prohibited. E. Safety and security lighting shall use motion sensors, photocells, or photocell/timers to control duration of nighttime illumination. In all cases the maximum light intensity on the property measured at a height of 3 feet above grade shall be limited to no more than five (5) foot-candles. 1. Motion sensors are the preferred method for controlling nighttime illumination. The duration of illumination shall be no longer than 5 minutes after the last detection of motion. Motion sensors are only permitted where the sensor is triggered by activity within the owner's property line. Full cutoff and fully shielded fixtures controlled by photocells may be used in areas requiring maximum security such as outdoor storage yards and at primary points of entrance (e.g. front entries) or in critical common areas for commercial and multi-family properties. 2. Timer/Photocell combinations may be used provided the lamps are fully shielded or full cutoff. F. Outdoor recreational lighting must be fully shielded and turned off by 10PM, or at the conclusion of a competition begun before 10:00 PM. In no case may the lighting remain on after midnight. § 102-5. Architectural Lighting; Feature Lighting A. All architectural lighting for residential purposes must comply with relevant Historic District Commission guidelines and application procedures. B. Linear architectural highlighting (including rope-lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement is discouraged and must be turned off 30 minutes after the close of public hours. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 49 C. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color lights shall be prohibited except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes. § 102-6. Exemptions; Temporary Lighting A. Except as noted below, the following types of lighting shall be exempt from the provisions, requirements and review standards of this section 1. Health, safety, and welfare. If a lighting plan or fixtures are proposed in which the deviations from this code provide demonstrable community and/or health, safety, and welfare benefits, an exemption may be considered. FAA and other Federal lighting requirements are considered public safety benefits. The applicant shall submit information to adequately assess the community and/or health, safety, and welfare benefits for approval by the Lighting Enforcement Officer. 2. Holiday/Winter lighting for residential and commercial properties. The lighting associated with any national, state, local, or religious holiday or celebration is recommended to be lit for no more than six weeks prior and two weeks following the holiday. The light intensity of all holiday lighting shall not exceed one-half (0.5) of a foot-candle at the property line. 3. Approved Historic Lighting Fixtures which may be otherwise non-conforming and which are consistent with the character of the historic structure may be exempted with proof of approval from the Historic District Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure and the lamps shall not exceed 750 lumens (about 50 watts incandescent) per fixture. Lighting utilizing natural gas is also exempt within the context of a fixture meeting the character of a historic fixture. B. All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular light sources, shall be exempt from the requirements of this article. C. Lighting for Temporary Commercial Use/Special Events may be requested through the Board of Selectmen, in conjunction with the special events permit. § 102-7. Effective date A. Unless otherwise specified within this section, within three (3) years of April 1, 2005 all outdoor lighting fixtures that do not conform to requirements of this code must be replaced with conforming fixture or existing fixtures must be retrofitted to comply. Until that time all existing outdoor lighting fixtures shall be considered legal nonconforming fixtures, provided that the existing fixtures may not be expanded or increased in a manner which would result in greater non-conformity. B. In the Old Historic District existing period light fixtures in parking and pedestrian areas may continue to be used beyond the three year date. However, when such fixtures are upgraded in wattage, or replaced, the new fixtures must have opaque tops and translucent sides such that the lamp is not directly visible. § 102-8. Violations A. The Town Administrator will appoint a Lighting Enforcement Officer who will oversee the enforcement of outdoor lighting regulations. B. If, after investigation, the Lighting Enforcement Officer finds that any provision of § 102 is being violated, he or she shall give notice by hand delivery or by certified mail, return-receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that violation be abated within thirty (30) days of the date of hand delivery or of the date of mailing of the notice. C. If the violation is not abated within the thirty-day period, the Lighting Enforcement Officer may institute actions and proceedings, either legal or equitable, to enjoin, restrain, or abate any violations of this bylaw and to collect the penalties for such violations.Any violation of § 102 shall result in a penalty of $100, which may be enforced by means of noncriminal disposition tickets pursuant to Chapter 1 of the Nantucket Code. Each day the violation continues to exist shall be considered a separate violation. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 50 ARTICLE 53 (Bylaw Amendment: Wetlands) To see if the town will vote to amend Chapter 136 (Wetlands), Section 4G (Hearing; determination; enforcement orders; appeals; plan changes or modifications) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text; language to by deleted is shown as strike-out; these methods to denote changes are not meant to become part of the final text): 136 - 4 Hearing; determination; enforcement orders; appeals; plan changes or modifications G. Any party aggrieved by a A permit issued pursuant to this chapter may file be appealed by the filing of a complaint seeking relief in the Superior Court of the County of Nantucket not more than 20 days after the issuance of the permit by the Commission, by any of the persons or parties entitled to request a Superseding Order of Conditions, a Superseding Determination of Applicability, or an adjudicatory hearing pursuant to the Massachusetts Wetlands Protection Act Regulations promulgated by the Massachusetts Department of Environmental Protection at 310 CMR 10.00. [Added 5-17-1988 ATM by Art. 95, approved 9-28-1988] (Cormac Collier, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 54 (Bylaw: Chemical Pesticides) To see if the Town will vote to amend the Health Regulations of the Town of Nantucket by adding the following Chapter 68: 68.0 Chemical Pesticides Background Chemical pesticides have been linked to a variety of human health problems, most notably in younger children, who have less mature metabolic pathways and immune systems, which renders them more susceptible to toxic exposure. Chemical pesticides have also been linked to health degradation of water bodies, aquatic vegetation, shellfish, domestic animals, and waterfowls and aquatic invertebrates. 68.1 Purpose and Intent It is the purpose of this regulation to protect and preserve the long-term health, safety, and welfare of human, animal, shellfish, ground and surface water resources, and plant life by defining specific chemical pesticides already established by the Commonwealth of Massachusetts as hazardous materials and regulating their use on the delineated environmental resource area known as Nantucket Island. These chemicals are regulated as potential toxins and may not be used in areas where people derive their drinking water, which should be expanded to include private wells. Regulations are intended to prevent contamination of public drinking water supply wells through regulating the application of pesticide products on the Groundwater Protection List within primary recharge areas. A primary recharge area is either an “Interim Wellhead Protection Area” or a “Zone II. ” 68.2 Definitions A. Pesticide The term "pesticide" means any federally and state regulated material; as defined by the Massachusetts Department of Agricultural Resources Groundwater Protection List of 2004 which refers to a list of pesticide active ingredients that could potentially impact groundwater due to their chemical characteristics and toxicological profile. These include Herbicides, Insecticides, and Fungicides with the following ingredients: Acetochlor, Aldicarb, Chlorothalonil, Acifluoren, Carbofuran, Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 51 Cyproconazole, Alachlor, Disulfoton, Folpet, Aldicarb, Fenamiphos, Atrazine, Fonofos, Bentazon, Lindane, Bromacil, Methoxyfenozide, Cyanazine, PCP, Chlorthal-Dimethyl, Propoxur, Dimethanamid, Terbufos, Diuron, Thiamethoxam, Flufenacet, MCPA, Metolachlor, Propazine, and Simazine. Many of the above are used in commercial and private applications to eliminate "nuisance" plant or insect species; the ban on regulated materials would include both chemically or synthetically altered fertilizers. B. Person "Person" shall mean any individual, corporation, trust, partnership, or association, or other entity. C. Interim Wellhead Protection Area (IWPA) For public water systems using wells or wellfields that lack a Department approved Zone II, the Department will apply an interim wellhead protection area. This interim wellhead protection area shall be a one-half mile radius measured from the well or wellfield for sources whose approved pumping rate is 100,000 gpd or greater. For wells or wellfields that pump less than 100,000 gpd, the IWPA radius is proportional to the approved pumping rate which may be calculated according to the following equation: IWPA radius in feet = (32 x pumping rate in gallons per minute) + 400. A default IWPA radius or an IWPA radius otherwise computed and determined by the Department shall be applied to transient non-community (TNC) and non-transient non-community (NTNC) wells when there is no metered rate of withdrawal or no approved pumping rate. The default IWPA radius shall be 500 feet for TNC wells and 750 feet for NTNC wells. D. Zone II That area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at approved yield, with no recharge from precipitation). It is bounded by the groundwater divides which result from pumping the well and by the contact of the aquifer with less permeable materials such as till or bedrock. In some cases, streams or lakes may act as recharge boundaries. In all cases, Zone II shall extend upgradient to its point of intersection with prevailing hydrogeologic boundaries (a groundwater flow divide, a contact with till or bedrock, or a recharge boundary). 68.3 Chemical Pesticides No person shall sell, store, or apply any of the listed chemical pesticides, retroactive one year after passage of this regulation, to allow for industry re-education and retail inventory depletion, unless The Nantucket Board of Health, and/or the Massachusetts or Federal EPA determines and/or requires, that its use is in the interest of public health and/or safety. 68.4 Penalty Any person violating this regulation shall be punished by a fine of not more than $300.00 for each offense. 68.5 Well Supply Protection Area Definitions Public Water Supply Protection Areas are defined in the Drinking Water Regulations at 310 CMR 22.02. The regulatory wording is also provided below. Groundwater Protection Areas: (See Map: 68.6) A. Interim Wellhead Protection Area (IWPA) For public water systems using wells or wellfields that lack a Department approved Zone II, the Department will apply an interim wellhead protection area. This interim wellhead protection area shall be a one-half mile radius measured from the well or wellfield for sources whose approved pumping rate is 100,000 gpd or greater. For wells or wellfields that pump less than 100,000 gpd, the IWPA radius is proportional to the approved pumping rate which may be calculated according to the following equation: IWPA radius in feet = (32 x pumping rate in gallons per minute) + 400. A default IWPA radius or an IWPA radius otherwise computed and determined by the Department shall be applied to transient non-community (TNC) and non-transient non-community (NTNC) wells when there is no metered rate of withdrawal or no approved pumping rate. The default IWPA radius shall be 500 feet for TNC wells and 750 feet for NTNC wells. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 52 Zone I - The protective radius required around a public water supply well or wellfield. For public water system wells with approved yields of 100,000 gpd or greater, the protective radius is 400 feet. Tubular wellfields require a 250 foot protective radius. Protective radii for all other public water system wells are determined by the following equation: Zone I radius in feet = (150 x log of pumping rate in gpd) - 350. This equation is equivalent to the chart in the Division's Water Supply Guidelines. A default Zone I radius or a Zone I radius otherwise computed and determined by the Department shall be applied to transient non-community (TNC) and non-transient non-community (NTNC) wells when there is no metered rate of withdrawal or no approved pumping rate. The default Zone I radius shall be 100 feet for TNC wells and 250 feet for NTNC wells. Zone II - That area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at approved yield, with no recharge from precipitation). It is bounded by the groundwater divides which result from pumping the well and by the contact of the aquifer with less permeable materials such as till or bedrock. In some cases, streams or lakes may act as recharge boundaries. In all cases, Zone II shall extend upgradient to its point of intersection with prevailing hydrogeologic boundaries (a groundwater flow divide, a contact with till or bedrock, or a recharge boundary). Zone III – The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II. The surface drainage area as determined by topography is commonly coincident with the groundwater drainage area and will be used to delineate Zone III. In some locations, where surface and groundwater drainage are not coincident, Zone III shall consist of both the surface drainage and the groundwater drainage areas. B. Surface Water Protection Areas: Zone A - (a) the land area between the surface water source and the upper boundary of the bank; (b) the land area within a 400 foot lateral distance from the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a); and (c) the land area within a 200 foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body. Zone B - The land area within one-half mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), or edge of watershed, whichever is less. However, Zone B shall always include the land area within a 400 foot lateral distance from the upper boundary of the bank of the Class A surface water source. Zone C - The land area not designated as Zone A or B within the watershed of a Class A surface water source as defined at 314 CMR 4.05(3)(a). (Philip Austin, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The standards contained within the Article are inconsistent with state law. Only the Commonwealth can regulate the use and application of pesticides. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 53 ARTICLE 55 (Bylaw Amendment: Streets and Sidewalks) To see if the Town will vote to amend Chapter 127 (Streets and Sidewalks) Article VIII (Private Road Betterments), § 127-25 (Betterments) 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): § 127-25. Betterments. A. The costs of the repairs and of borrowings undertaken by the Town pursuant to Chapter 237 of the Acts of 1995 shall be apportioned to and among the benefited property owners along the road so repaired/improved as a betterment pursuant to MGL c. 80. Benefited property owners shall be those who utilize the repaired/improved road(s) to access their property. Unless otherwise required by any applicable law, the formula to be used for such assessments shall be to equally apportion such costs to each owner as listed in the records of the Board of Assessors directly abutting along and/or adjacent to the road to be paved repaired/improved, whether or not such owner’s property directly faces or is located along the road where the specific location of the repairs undertaken pursuant to this article, on the basis of the total costs of such repairs and borrowings divided by the linear footage along such road from the beginning of such road to the terminus of such road, regardless of cross intersecting streets. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 127 (Streets and Sidewalks) Article VIII (Private Road Betterments), § 127-25 (Betterments) of the Code of the Town of Nantucket, is hereby amended as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): § 127-25. Betterments. A. The costs of the repairs and of borrowings undertaken by the Town pursuant to Chapter 237 of the Acts of 1995 shall be apportioned to and among the benefited property owners along the road so repaired/improved as a betterment pursuant to MGL c. 80. Benefited property owners shall be those who utilize the repaired/improved road(s) to access their property. Unless otherwise required by any applicable law, the formula to be used for such assessments shall be to equally apportion such costs to each owner as listed in the records of the Board of Assessors directly abutting along and/or adjacent to the road to be paved repaired/improved, whether or not such owner’s property directly faces or is located along the road where the specific location of the repairs undertaken pursuant to this article, on the basis of the total costs of such repairs and borrowings divided by the linear footage along such road from the beginning of such road to the terminus of such road, regardless of cross intersecting streets. ARTICLE 56 (Bylaw Amendment: Car Rental Agencies, Registration of) To see if the Town will vote to amend Chapter 58 (Car Rental Agencies, Registration of) § 58-5 (Violations and penalties) 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): § 58-5. Violations and penalties. Violations of this chapter shall be punishable by a fine not to exceed $100 $300, each day being considered a separate offense. (Board of Selectmen) Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 54 FINANCE COMMITTEE MOTION: Moved that Chapter 58 (Car Rental Agencies, Registration of) § 58-5 (Violations and penalties) 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): § 58-5. Violations and penalties. Violations of this chapter shall be punishable by a fine not to exceed $100 of $300, each day being considered a separate offense. ARTICLE 57 (Bylaw Amendment: Streets and Sidewalks) To see if the Town will vote to amend Chapter 127 (Streets and Sidewalks), Article I (Alteration or Excavation of Ways; Safety of Other Travelers), §127-1 (Permit Required; Emergencies) 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): §127-1. Permit required; emergencies. A. No person, except in an emergency as provided in Subsection C below, may contract for, or make any excavation or alteration of any public way, sidewalk or bicycle path without first having received a permit for such alteration or excavation from the Town of Nantucket Department of Public Works and the Board of Selectmen. Said application for a permit shall contain such information as may be required by the Department of Public Works and/or the Board of Selectmen. No excavation or alteration may be made between November 15 and April 15, except in an emergency as provided in Subsection C. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 127 (Streets and Sidewalks), Article I (Alteration or Excavation of Ways; Safety of Other Travelers), §127-1 (Permit Required; Emergencies) 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): §127-1. Permit required; emergencies. A. No person, except in an emergency as provided in Subsection C below, may contract for, or make any excavation or alteration of any public way, sidewalk or bicycle path without first having received a permit for such alteration or excavation from the Town of Nantucket Department of Public Works and the Board of Selectmen. Said application for a permit shall contain such information as may be required by the Department of Public Works and/or the Board of Selectmen. No excavation or alteration may be made between November 15 and April 15, except in an emergency as provided in Subsection C. ARTICLE 58 (Home Rule Petition: Land Bank) To see if the Town will vote to: Citizens are requesting an amendment to SECTION 12(m) of the Land Bank Chapter 669 of the Act of 1983, as amended. SECTION 12 so reads “The following transfers of real property interests shall be exempt from the fee established by section ten. Except as otherwise provided, the purchaser shall have the burden of proof that any transfer is exempt hereunder.” SECTION 12(m) goes on to read “The first 2 hundred thousand dollars of the purchase price of a transfer made to a purchaser who,…” Citizens would like to change the “2” to a “4”, so SECTION 12(m) begins “The first 4 hundred thousand dollars of the purchase price of a transfer made to a purchaser who,…” We believe this reflects Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 55 more closely the extraordinary real estate market of today, and will ease the difficulty of getting into the Nantucket real estate market for first time Nantucket home buyers. Most “bottom of the market” homes are still above this 4 hundred thousand dollar mark, so these buyers will still be supporting, more affordably, the Land Bank and conservation on Nantucket. It is a struggle to purchase a home on Nantucket, especially for a local working family buying their first home here. The Land Bank Tax burden on FIRST TIME home buyers can be eased with this proposed amendment to the Land Bank Act of 1983. Thank you for your consideration. (Michael Freedman, et al) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court be requested to file legislation seeking a special act to amend the Nantucket Land Bank Act, as set forth below, and to authorize the General Court with the approval of the Board of Selectmen to make constructive changes in perfecting the language of the proposed legislation in order to secure passage, such legislation to read substantially as follows: ACT TO AMEND THE NANTUCKET ISLANDS LAND BANK ACT TO INCREASE THE FIRST TIME HOME BUYER EXEMPTION Section 1. Section 12(m) of the Nantucket Islands Land Bank Act (chapter 669 of the Acts of 1983, as amended by chapter 407 of the acts of 1984, chapter 666 of the Acts of 1987,chapter 392 of the Acts of 1991, chapter 309 of the Acts of 1994, chapter 309 of the Acts of 1995, chapter 370 of the Acts of 2002, to delete the following text: "Two Hundred Thousand Dollars ($200,000)" and substitute therefor the following: "Four Hundred Thousand Dollars ($400,000)". Section 2. This act shall take effect upon its passage. ARTICLE 59 (Home Rule Petition: Sewer System Capital Improvement Fund) To see if the Town will vote to: Request its representatives in the General Court to introduce legislation authorizing the Town of Nantucket to ESTABLISH A SEWER SYSTEM CAPITAL IMPROVEMENT FUND IN THE TOWN OF NANTUCKET 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 to read substantially as follows: AN ACT ESTABLISHING A SEWER SYSTEM CAPITAL IMPROVEMENT FUND IN THE TOWN OF NANTUCKET. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Notwithstanding any general or special law, rule or regulation to the contrary, the Town of Nantucket shall establish a special account to be known as the Town of Nantucket Sewer System Capital Improvement Fund. The purpose of the Fund is to provide the revenue for the increase of capacity of the system to treat wastewater, the upgrading of the method of treatment, the funding of engineering, construction and rehabilitation of sewerage-treatment works, pumping stations, and facilities serving the town of Nantucket, and to provide revenues to do all things necessary to correct, remedy, repair, prevent and prohibit any and all forms of infiltration or inflow from groundwater and other sources of leakage into pipes, facilities and system. The special account shall be maintained by the Treasurer of the Town of Nantucket in a banking institution doing business in the Commonwealth and expenditures from the special account shall be made subject to appropriation and approved by a majority vote of the Town Meeting. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 56 SECTION 2. Payments to such account shall be made by applicants for connection to the sewer system of the Town. The method and amount of such payments from such private sources shall be as determined by a Schedule of Fees to be set by the Sewer Commission. The Schedule shall provide for the method of determining the amount of each payment from such applicants. The Sewer Commissioners may allow modification of fees for demonstrated hardships. SECTION 3. All sewer-improvement fees collected shall be deposited into the special Fund. Monies deposited into the special Fund shall be used only for the purposes set forth in this act. The Sewer Commissioners may accept grants or gifts for deposit into the Fund. The Treasurer of the Town of Nantucket may invest monies in the special account, and the income and interest accruing shall inure to the benefit of the special account. SECTION 4. The sewer-system improvement fees imposed under this act shall be in addition to any other fees permitted by law, including without limitation, sewer-connection fees, betterment fees, privilege fees and user charges. SECTION 5. Additional appropriation may be made by a two-thirds majority vote of Town Meeting into the special account for the purpose of providing additional funds for the purposes set forth in this act. SECTION 6. The Sewer Commission for the Town of Nantucket may make applications for available state and federal government grants for the engineering, construction and rehabilitation of wastewater treatment works, pumping station and facilities, and to pledge any and all such sums of money in said account with the approval of the Town Meeting for any such matching grants for engineering, construction and rehabilitation of wastewater treatment works, pumping stations and facilities. (Dual A. MacIntyre, et al) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court be requested to introduce legislation to create and implement limitations on motor vehicle as set forth below and to authorize the General Court with the approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of the legislation in order to secure passage, such legislation to read substantially as follows: AN ACT ESTABLISHING A SEWER SYSTEM CAPITAL IMPROVEMENT FUND IN THE TOWN OF NANTUCKET. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Notwithstanding any general or special law, rule or regulation to the contrary, the Town of Nantucket shall establish a special account to be known as the Town of Nantucket Sewer System Capital Improvement Fund. The purpose of the Fund is to provide the revenue for the increase of capacity of the system to treat wastewater, the upgrading of the method of treatment, the funding of engineering, construction and rehabilitation of sewerage-treatment works, pumping stations, and facilities serving the town of Nantucket, and to provide revenues to do all things necessary to correct, remedy, repair, prevent and prohibit any and all forms of infiltration or inflow from groundwater and other sources of leakage into pipes, facilities and system. The special account shall be maintained by the Treasurer of the Town of Nantucket in a banking institution doing business in the Commonwealth and expenditures from the special account shall be made subject to appropriation and approved by a majority vote of the Town Meeting. SECTION 2. Payments to such account shall be made by applicants for connection to the sewer system of the Town. The method and amount of such payments from such private sources shall be as determined by a Schedule of Fees to be set by the Sewer Commission. The Schedule shall provide for the method of determining the amount of each payment from such applicants. The Sewer Commissioners may allow modification of fees for demonstrated hardships. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 57 SECTION 3. All sewer-improvement fees collected shall be deposited into the special Fund. Monies deposited into the special Fund shall be used only for the purposes set forth in this act. The Sewer Commissioners may accept grants or gifts for deposit into the Fund. The Treasurer of the Town of Nantucket may invest monies in the special account, and the income and interest accruing shall inure to the benefit of the special account. SECTION 4. The sewer-system improvement fees imposed under this act shall be in addition to any other fees permitted by law, including without limitation, sewer-connection fees, betterment fees, privilege fees and user charges. SECTION 5. Additional appropriation may be made by a two-thirds majority vote of Town Meeting into the special account for the purpose of providing additional funds for the purposes set forth in this act. SECTION 6. The Sewer Commission for the Town of Nantucket may make applications for available state and federal government grants for the engineering, construction and rehabilitation of wastewater treatment works, pumping station and facilities, and to pledge any and all such sums of money in said account with the approval of the Town Meeting for any such matching grants for engineering, construction and rehabilitation of wastewater treatment works, pumping stations and facilities. ARTICLE 60 (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 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. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 58 FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court be requested to introduce legislation to create and implement limitations on motor vehicle as set forth below and to authorize the General Court with the approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of the legislation in order to secure passage, such legislation to read substantially as follows: AN ACT TO REGULATE MOTOR VEHICLES ON NANTUCKET ISLAND Section 1. The amount of traffic on Nantucket roads is reaching crisis proportions. Nantucket’s historic roads cannot adequately accommodate the number of motor vehicles that travel on them. Traffic congestion is threatening the unique ecological and historic qualities of the Island, on which Nantucket’s economic well-being depends. It is improbable that traffic congestion can be alleviated 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. ARTICLE 61 (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 Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 59 affects safety or health and is not classified as an ordinary repair. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 60 “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. (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. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 61 (Board of Selectmen) Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 62 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. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court be requested 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 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: Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 63 (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. ARTICLE 62 (Home Rule Petition: Speed Limits on Nantucket) To see if the Town will vote to request 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. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 64 FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court be requested 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.” ARTICLE 63 (Home Rule Petition: Nantucket Housing Authority) To see if the Town will vote to request 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 Relative to the Nantucket Housing Authority” Section 1. The housing authority of the town of Nantucket is hereby authorized to sell and transfer certain land in said town described in section 2 of this act, for the development and use in perpetuity as housing for low or moderate income households for such consideration as such authority may deem reasonable. The authority shall retain the proceeds from any such sale and transfer for use in administration, monitoring and enforcement of affordable housing restrictions on such property. Restrictions on such sold and transferred property shall be recorded in the registry of deeds, and, notwithstanding the provisions of section 34 of chapter 121B of the general laws the authority need not pay such proceeds to the Commonwealth and the approval of the department of housing and community development shall not be required. For purposes of this paragraph, the housing authority or its designee, shall be in compliance with this statute if at least 25% of the units to be developed on said land are for use in perpetuity by households earning below 80% of the median income for Nantucket County, as defined periodically by the U.S. Department of Housing and Urban Development (HUD), and the remaining 75% of the units will be developed to be affordable to households earning 80% to 150% of the median income for Nantucket, as defined by HUD. Section 2. The property to which section 1 applies is shown in the aggregate as lots 3, 9 – 17 on a plan of land entitled “Plan of Land in Nantucket Island, Mass.” Dated March 14, 1994, drawn by Charles W. Hart & Associates, Inc., recorded in the Nantucket registry of deeds in plan file 44-Y. Section 3. This act shall take effect upon its passage. (Board of Selectmen for Nantucket Housing Authority) COMMENT: The above home rule petition was approved as Article 83 of the 1999 Annual Town Meeting, Article 77 of the 2000 Annual Town Meeting and Article 53 of the 2001 Annual Town Meeting. The wording has been slightly modified since the most recent approval by 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. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 65 FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court be requested 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 Relative to the Nantucket Housing Authority Section 1. The housing authority of the town of Nantucket is hereby authorized to sell and transfer certain land in said town described in section 2 of this act, for the development and use in perpetuity as housing for low or moderate income households for such consideration as such authority may deem reasonable. The authority shall retain the proceeds from any such sale and transfer for use in administration, monitoring and enforcement of affordable housing restrictions on such property. Restrictions on such sold and transferred property shall be recorded in the registry of deeds, and, notwithstanding the provisions of section 34 of chapter 121B of the general laws the authority need not pay such proceeds to the Commonwealth and the approval of the department of housing and community development shall not be required. For purposes of this paragraph, the housing authority or its designee, shall be in compliance with this statute if at least 25% of the units to be developed on said land are for use in perpetuity by households earning below 80% of the median income for Nantucket County, as defined periodically by the U.S. Department of Housing and Urban Development (HUD), and the remaining 75% of the units will be developed to be affordable to households earning 80% to 150% of the median income for Nantucket, as defined by HUD. Section 2. The property to which section 1 applies is shown in the aggregate as lots 3, 9 – 17 on a plan of land entitled “Plan of Land in Nantucket Island, Mass.” Dated March 14, 1994, drawn by Charles W. Hart & Associates, Inc., recorded in the Nantucket registry of deeds in plan file 44-Y. Section 3. This act shall take effect upon its passage.” ARTICLE 64 (Acceptance of MGL c. 41, s. 100G¼: Payment of Funeral Expenses of Firefighters and Police Officers Killed in Performance of Duties) To see if the Town will vote to accept the provisions of Massachusetts General Law Chapter 41, section 100G¼, a summary of which follows: Any… town, by a majority vote at an annual or special town meeting, shall pay the reasonable expense, not exceeding five thousand dollars, of the funeral and burial of any firefighter while in the performance of his duty and as a result of an accident while responding to or returning from an alarm or fire or any emergency or as the result of an accident involving a fire department vehicle, which the firefighter is operating or in which he is riding or while at the scene of a fire or any emergency is killed or sustains injuries which result in his death, or of any police officer who while in the performance of his duty and as the result of an assault on his person, or a result of an accident while responding to an emergency while in the performance of his official duty or as result of an accident involving a police department vehicle which he is operating or in which he is riding is killed or sustains injuries which result in his death. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the provisions of Massachusetts General Law Chapter 41, section 100G¼, are hereby accepted. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 66 ARTICLE 65 (Request for Conveyance of Property) To see if the Town will vote to convey the real property known as a “way” appearing on plan of land 16514-F to the abutting property owners of Lots 11-22 inclusive, on said plan, total area of said conveyance is approximately 14,881 s.f. +/-. (Rebecca Zadroga, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Town of Nantucket has not received sufficient information from the petitioner(s) that sufficient title work has been done to identify the Town’s ownership interests in the subject property. It is recommended that the petitioners file a petition with the Land Court to address the matter. ARTICLE 66 (Real Estate Acquisition and Disposition: Round-about at Sparks Avenue/Hooper Farm Road/Pleasant Street) To see if the Town will vote to authorize the following actions regarding the construction and maintenance of a roundabout at the intersections of Sparks Avenue, Pleasant Street and Hooper Farm Road: (1) To dedicate the following two parcels of land owned by the Town of Nantucket to roadway purposes: Parcel C -- containing approximately 4,469 square feet of land, located at 14A Sparks Avenue and part of a lot shown on Assessor's Map 55 as Parcel 229; and Parcel E -- containing approximately 3,155 square feet of land, located at 135 Pleasant Street and part of a lot shown on Assessor's Map 55 as Parcel 271; and (2) To dispose of the following three parcels of land owned by the Town of Nantucket, in accordance with Chapter 30B of the Massachusetts General Laws, as applicable: Parcel A -- containing approximately 825 square feet of land, located at 14A Sparks Avenue, which is a portion of the lot described in the Assessor’s records as Map 55 as Parcel 229; Parcel B -- containing approximately 472 square feet of land, located at 14A Sparks Avenue, which is a portion of the lot described in the Assessor’s records as Map 55 as Parcel 229; Parcels A, B, C and E are shown on a plan entitled "Preliminary Right-of-Way Plan", Sheet 8 of 13, by Greenman Peterson, Inc., dated ___2005, on file at the offices of the Board of Selectmen, 16 Broad Street and the NP&EDC, 4 North Water Street. 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 take the following actions: (1) To dedicate the following two parcels of land owned by the Town of Nantucket to roadway purposes: Parcel C -- containing approximately 4,469 square feet of land, located at 14A Sparks Avenue and part of a lot shown on Assessor's Map 55 as Parcel 229; and Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 67 Parcel E -- containing approximately 3,155 square feet of land, located at 135 Pleasant Street and part of a lot shown on Assessor's Map 55 as Parcel 271; and (2) To dispose of the following three parcels of land owned by the Town of Nantucket, in accordance with Chapter 30B of the Massachusetts General Laws, as applicable: Parcel A -- containing approximately 825 square feet of land, located at 14A Sparks Avenue, which is a portion of the lot described in the Assessor’s records as Map 55 as Parcel 229; Parcel B -- containing approximately 472 square feet of land, located at 14A Sparks Avenue, which is a portion of the lot described in the Assessor’s records as Map 55 as Parcel 229; Parcels A, B, C and E are shown on a plan entitled "Preliminary Right-of-Way Plan", Sheet 8 of 13, by Greenman Peterson, Inc., dated ___2005, on file at the offices of the Board of Selectmen, 16 Broad Street and the NP&EDC, 4 North Water Street. ARTICLE 67 (Real Estate Disposition: 131 Pleasant Street) To see if the Town will vote to authorize the Board of Selectmen to declare as surplus and then to convey, sell or otherwise lawfully dispose of all or part of the land and the improvements thereon, presently used as a fire station, commonly known as 131 Pleasant Street, as shown as Lots 1 and 2, on Land Court Plan 35560-B filed with Certificate of Title Number 7,533 at the Nantucket Registry of Deeds; 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, contingent upon the approval of a “Transaction Review Work Group” as herein defined, to declare as surplus and then to convey, sell or otherwise lawfully dispose of all or part of the land and the improvements thereon, presently used as a fire station, commonly known as 131 Pleasant Street, as shown as Lots 1 and 2, on Land Court Plan 35560-B filed with Certificate of Title Number 7,533 at the Nantucket Registry of Deeds. The Transaction Review Work Group shall be comprised as follows: one member of the Board of Selectmen, to be designated by the Board of Selectmen; one member of the Finance Committee, to be designated by the Finance Committee; one Commissioner of the Nantucket Land Bank Commission, to be designated by the Land Bank Commission; the Town Administrator and the Finance Director. ARTICLE 68 (Real Estate Disposition: Grant of Easement) To see if the Town will vote to authorize the Board of Selectmen to grant an access and utility easement to the Nantucket Electric Company, its parents or affiliates, for the purpose of installing, operating and maintaining certain electric distribution equipment on, over, through and under land owned by the Town commonly known as 2, 4, 6, and 8 Cow Pond Lane , shown as Lots 1, 2, 3, and 4 on a plan by Nantucket Surveyors, Inc. dated July 22, 2002, and on file at the Nantucket Registry of Deeds as Plan Number 03-52; and to take any other action as may be appropriate thereto. The terms and conditions of said easement shall be as determined by the Board of Selectmen. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to grant an access and utility easement to the Nantucket Electric Company, its parents or affiliates, for the purpose of installing, operating and maintaining certain electric distribution equipment on, over, through and under land owned by the Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 68 Town commonly known as 2, 4, 6, and 8 Cow Pond Lane , shown as Lots 1, 2, 3, and 4 on a plan by Nantucket Surveyors, Inc. dated July 22, 2002, and on file at the Nantucket Registry of Deeds as Plan Number 03-52. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 69 ARTICLE 69 (Real Estate Disposition: Long-term Lease Authorization) To see if the Town will vote to authorize the Board of Selectmen to negotiate and enter into a lease, of up to seventy-five (75) years, with the Nantucket Education Trust, Inc. with respect to the Town land and improvements thereon, presently being used to house school employees, commonly known as 2, 4, 6 and 8 Cow Pond Lane; shown as Lots 1, 2, 3, and 4 on a plan by Nantucket Surveyors Inc. dated July 22, 2002 and on file in the Nantucket Registry of Deeds as Plan Number 03-52; and to take such other actions as are appropriate thereto. The terms and conditions of said lease shall be as determined by the Board of Selectmen. (Board of Selectmen for Nantucket Education Trust, Inc.) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to negotiate and enter into a lease, of up to seventy-five (75) years, with respect to the Town land and improvements thereon, presently being used to house school employees, commonly known as 2, 4, 6 and 8 Cow Pond Lane; shown as Lots 1, 2, 3, and 4 on a plan by Nantucket Surveyors Inc. dated July 22, 2002 and on file in the Nantucket Registry of Deeds as Plan Number 03-52. ARTICLE 70 (Real Estate Disposition: Long-term Lease Authorization) To see if the Town will vote to authorize the Board of Selectmen to negotiate and enter into a lease, of up to twenty-five (25) years, with Nantucket Behavioral Health Services with respect to the Town land and improvements thereon commonly known as 47 Boulevarde and shown as Lots 12 through 31, Block 164, Surfside, of Plan Book 2, Page 60, recorded at the Nantucket Registry of Deeds; and, to take any other action as may be appropriate thereto. The terms and conditions of said lease shall be as determined by the Board of Selectmen. (Board of Selectmen for Nantucket Behavioral Health Services) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to negotiate and enter into a lease, of up to twenty-five (25) years, with respect to the Town land and improvements thereon commonly known as 47 Boulevarde and shown as Lots 12 through 31, Block 164, Surfside, of Plan Book 2, Page 60, recorded at the Nantucket Registry of Deeds. ARTICLE 71 (Real Estate Disposition: Long-term Lease Authorization) To see if the Town will vote to authorize the Board of Selectmen to extend the Town’s lease with the Nantucket Human Services Center from the present twenty (20) years to fifty (50) years for the Town owned parcel of land at 7 Miacomet Avenue as described on the Assessor’s Map 67 for parcel 345 Lots A4 / A5 / A6. At the 1998 Town Meeting, the Town voted to approve the acquisition at 7 Miacomet Road, dedicated the use of the property for non-profit/social service organizations, and authorized the Board of Selectmen to enter into a long term lease(s) with such organization(s). This extension is requested for the purpose of ensuring that our Center will have long term use of this site when it seeks funding from a range of foundations, individuals, or appropriate funding or lending sources. (John D. Miller , et al) FINANCE COMMITTTEE MOTION: Moved that the Board of Selectmen be hereby authorized to negotiate and enter into a lease of up to fifty (50) years, for the Town owned parcel of land at 7 Miacomet Avenue as described on the Assessor’s Map 67 for parcel 345 Lots A4/A5/A6. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 70 ARTICLE 72 (Real Estate Acquisition: Airport Commission) To see if the Town will vote to authorize the Nantucket Airport Commission to acquire by purchase, gift, eminent domain or otherwise, for airport purposes, land located at 6 Daisy Way, containing approximately .46 acre, being a portion of the land identified on Assessor’s Map 68, Parcel 241; and, to see if the Town will vote to authorize the Airport Commission to raise and appropriate, borrow (including bonding) pursuant to any applicable statute, apply for or expend federal and/or state grants, or transfer from available funds, a sum of money for such purpose; and, to take any other action as may be appropriate thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the Airport Commission is hereby authorized to acquire by purchase, gift, eminent domain or otherwise, the property located at 6 Daisy Way, also described as a portion of land approximately .46 acre in size identified on Assessor’s Map 68, Parcel 241, including the building(s) thereon, for airport purposes; and that the Treasurer of the Town, with the approval of the Board of Selectmen, is authorized to borrow One Million Dollars ($1,000,000), with the intent that any and all repayments and debt service (if applicable) are to come from Airport revenues. ARTICLE 73 (Real Estate Disposition: Transfer of Jurisdiction of Town Property Between Municipal Agencies) To see if 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 Airport Commission: 0 Wilson Street described in the Assessor’s records as Parcel 61, Map 79, consisting of 3790 square feet; and, to take any other action as may be appropriate thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to transfer the following described land to the care, custody, management and control of the Nantucket Airport Commission: 0 Wilson Street described in the Assessor’s records as Parcel 61, Map 79, consisting of 3790 square feet. ARTICLE 74 (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 that Six Hundred Thousand Dollars ($600,000) be raised and appropriated from the Fiscal Year 2006 tax levy and other general revenues of the Town for the purposes of the Stabilization Fund in accordance with Chapter 40, section 5B of the General Laws. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 71 ARTICLE 75 (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: To see if the Town will vote to transfer One Million Six Hundred Twenty-five Thousand Dollars ($1,625,000) from Free Cash in the treasury of the town for the purposes of meeting the appropriations for the ensuing fiscal year by authoring the Assessors to use in fixing the tax rate. Town of Nantucket 2005 Annual Town Meeting Warrant with Finance Committee Motions Page 72 Page 73 Town of Nantucket April 12, 2005 Special Town Meeting Town of Nantucket 2005 Special Town Meeting April 12, 2005 Warrant with Finance Committee Motions Page 74 7:00 PM, Tuesday, April 12, 2005 Nantucket High School Town of Nantucket 2005 Special Town Meeting April 12, 2005 Warrant with Finance Committee Motions Page 75 Town of Nantucket 2005 Special Town Meeting April 12, 2005 Warrant with Finance Committee Motions Page 76 TOWN OF NANTUCKET April 12, 2005 SPECIAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 1 Home Rule Petition: Wastewater Improvement Funds from Land Bank Fee/Murphy 70 2 Home Rule Petition: Wastewater Improvement Transfer Fee/Fee 70 3 General Bylaw: Funding for Comprehensive Wastewater Management Plan/Fee 70 4 Appropriation: Surfside Wastewater Treatment Facility/Fee 70 5 Zoning Bylaw Amendment: Second Dwellings/Fee 71 NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS. Town of Nantucket 2005 Special Town Meeting April 12, 2005 Warrant with Finance Committee Motions Page 77 ARTICLE 1 (Home Rule Petition: Wastewater Improvement Funds from Land Bank Fee) 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 proposal legislation in order to secure passage: AN ACT IMPOSING THAT ONE HALF OF THE EXISTING 2% LAND BANK FEE BE DIRECTED FOR THE PURPOSE OF IMPLEMENTING RECOMMENDATIONS OF THE COMPREHENSIVE WASTEWATER MANAGEMENT PLAN SUBMITTED BY THE TOWN OF NANTUCKET TO THE MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION. (Kent J. Murphy, et al) FINANCE COMMITTEE MOTION: To be provided before or at Special Town Meeting. ARTICLE 2 (Home Rule Petition: Wastewater Improvement Transfer Fee) 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: AN ACT IMPOSING A FEE EQUAL TO .5% (one half of one percent) OF THE PURCHASE PRICE UPON THE TRANSFER OF ANY REAL PROPERTY INTEREST IN ANY REAL PROPERTY SITUATED IN NANTUCKET COUNTY FOR THE PURPOSE OF IMPLEMENTING RECOMMENDATIONS OF THE COMPREHENSIVE WASTEWATER MANAGEMENT PLAN. (Matthew G. Fee, et al) FINANCE COMMITTEE MOTION: To be provided before or at Special Town Meeting. ARTICLE 3 (General Bylaw: Funding for Comprehensive Wastewater Management Plan) To see if the Town will vote to amend Chapter 120 of the Code of the Town of Nantucket entitled Sewer and Wastewater Facilities or amend any other pertinent bylaws, or to introduce special legislation in order to equitably allocate costs for sewer facility upgrades and expansions. (Matthew G. Fee, et al) FINANCE COMMITTEE MOTION: To be provided before or at Special Town Meeting. ARTICLE 4 (Appropriation: Surfside Wastewater Treatment Facility) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, the sum of Thirty-five Million Five Hundred Thirty Thousand Dollars ($35,530,000) for construction and related costs for upgrades to the Surfside Wastewater Treatment Facility. Comment: During the debate on the sewer upgrade last October it became clear that a critical mass of voters were unprepared to vote in favor of sewer improvements under the then proposed financial allocation. In addition, another Town of Nantucket 2005 Special Town Meeting April 12, 2005 Warrant with Finance Committee Motions Page 78 group of citizens, constituting another critical mass, were unprepared to vote sewer expansion without some sort of growth management in the form of build-out reduction. This Warrant is an attempt to forge a compromise approach to a sewer system upgrade by re-working the financial allocation to a more equitable distribution and to introduce restrictions on future second dwellings in order to reduce ultimate build-out, which incidentally, will add to our inventory of affordable housing. The Articles above are all subject to a public hearing before Town Meeting. In addition, the Finance Committee or the Planning Board will review these Articles and publish their recommendations and/or changes prior to Town Meeting. These Articles are designed to be cumulative in nature meaning that each Article depends upon a favorable vote in order to move to the next, culminating in a funding Article for the sewer upgrade. Articles 1&2 require a majority vote, Articles 3&5 require two-thirds. It’s understood that these Articles do not perfectly address the concerns of any one constituency. It is hoped however that this compromise approach will prove satisfactory enough so as to receive 2/3 support from the community. In this scenario everyone wins something, nobody wins everything, and we can proceed to begin improving our infrastructure. (Matthew G. Fee, et al) FINANCE COMMITTEE MOTION: To be provided before or at Special Town Meeting. ARTICLE 5 (Zoning Bylaw Amendment: Second Dwellings) To see if the Town will vote to amend Chapter 139-7 (Zoning) as follows: New language is in bold and deleted language is crossed out: Section 139-7A(2)(a): Effective January 1, 2007 the secondary dwelling shall be a single-family dwelling subject to a perpetual Nantucket Housing Needs Covenant, and to the rules, regulations and subprogram regulations applicable thereto, created, promulgated and adopted pursuant to Chapter 100 of the Code of the Town of Nantucket. It is understood as part of this Article that new regulations will be promulgated under Chapter 100 to contain language expanding the Nantucket Housing Needs Covenant Program to include provisions for affordable rentals of newly built second dwellings to year-round residents and also to automatically qualify rentals to family members of owners of newly built second dwellings regardless of income. Sec 139-7(A)(2)(g) Notwithstanding Sec. 139-7(A)(2)(f), a dwelling shall be considered "secondary" for the purposes of Sec. 139-7, even if in different beneficial ownership, if the secondary dwelling is subject to a perpetual Nantucket Housing Needs Covenant, and to the rules, regulations and subprogram regulations applicable thereto, created, promulgated and adopted pursuant to Chapter 100 of the Code of the Town of Nantucket. placed voluntarily on the property by the property owner. The purpose of this provision is to provide an incentive to property owners to participate in meeting the housing needs of Nantucket (Matthew G. Fee, et al) PLANNING BOARD MOTION: To be provided before or at Special Town Meeting. Town of Nantucket 16 Broad Street Nantucket, MA 02554 PRSRT STD U.S. POSTAGE PAID SO. YARMOUTH, MA 02664 PERMIT 30