HomeMy WebLinkAbout2009 Annual Town Meeting Warrant FINAL with MOTIONS
TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET
2002002002009999 Annual Town Meeting Annual Town Meeting Annual Town Meeting Annual Town Meeting
7:00 PM, Monday, April 6, 2009
Nantucket High School
Page i
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town of NantucketTown of NantucketTown of NantucketTown of Nantucket
16 Broad Street16 Broad Street16 Broad Street16 Broad Street
Nantucket, MA 02554Nantucket, MA 02554Nantucket, MA 02554Nantucket, MA 02554
(508) (508) (508) (508) 228228228228----7255725572557255
www.nantucketwww.nantucketwww.nantucketwww.nantucket----ma.govma.govma.govma.gov
BOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMEN
Michael KopkoMichael KopkoMichael KopkoMichael Kopko, Chairman, Chairman, Chairman, Chairman
Patricia RoggevePatricia RoggevePatricia RoggevePatricia Roggeveenenenen, Vice, Vice, Vice, Vice----ChairmanChairmanChairmanChairman
Brian ChadwickBrian ChadwickBrian ChadwickBrian Chadwick
Allen ReinhardAllen ReinhardAllen ReinhardAllen Reinhard
Rick AthertonRick AthertonRick AthertonRick Atherton
FINANCE COMMITTEEFINANCE COMMITTEEFINANCE COMMITTEEFINANCE COMMITTEE
James R. KellyJames R. KellyJames R. KellyJames R. Kelly, Chairman, Chairman, Chairman, Chairman
Matthew T. MulcahyMatthew T. MulcahyMatthew T. MulcahyMatthew T. Mulcahy, Vice, Vice, Vice, Vice----ChairmanChairmanChairmanChairman
Charity BenzCharity BenzCharity BenzCharity Benz
Christopher J. KickhamChristopher J. KickhamChristopher J. KickhamChristopher J. Kickham
Stephen McCluskeyStephen McCluskeyStephen McCluskeyStephen McCluskey
Peter MorrisonPeter MorrisonPeter MorrisonPeter Morrison
Michael B. RosenMichael B. RosenMichael B. RosenMichael B. Rosen
Timothy M. SoverinoTimothy M. SoverinoTimothy M. SoverinoTimothy M. Soverino
John TiffJohn TiffJohn TiffJohn Tiffanyanyanyany
PLANNING BOARDPLANNING BOARDPLANNING BOARDPLANNING BOARD
Barry Rector, ChairmanBarry Rector, ChairmanBarry Rector, ChairmanBarry Rector, Chairman
Sylvia HowardSylvia HowardSylvia HowardSylvia Howard
Nathaniel LowellNathaniel LowellNathaniel LowellNathaniel Lowell
John McLaughlinJohn McLaughlinJohn McLaughlinJohn McLaughlin
Linda F. WilliamsLinda F. WilliamsLinda F. WilliamsLinda F. Williams
MODERATORMODERATORMODERATORMODERATOR
Sarah F. AlgerSarah F. AlgerSarah F. AlgerSarah F. Alger
Cover photo courtesy of Rob Benchley
Page ii
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
AMERICANS WITH DISABILITIES ACT NOTICE
The Town of Nantucket advises applicants, participants and
the public that it does not discriminate on the basis of disability
in, admission to, access to, treatment or employment in its
programs, services and activities. The Town of Nantucket will
provide auxiliary aids and services to access programs upon
request. Inquiries, requests and complaints should be directed
to the Town Manager, 16 Broad Street, Nantucket, MA 02554,
(508) 228-7255.
IF YOU NEED A LARGE PRINTIF YOU NEED A LARGE PRINTIF YOU NEED A LARGE PRINTIF YOU NEED A LARGE PRINT
VERSIONVERSIONVERSIONVERSION OF THIS DOCUMENT,OF THIS DOCUMENT,OF THIS DOCUMENT,OF THIS DOCUMENT,
PLEASE CONTACTPLEASE CONTACTPLEASE CONTACTPLEASE CONTACT THTHTHTHEEEE
TOWN TOWN TOWN TOWN MANAGEMANAGEMANAGEMANAGER’S R’S R’S R’S OOOOFFICEFFICEFFICEFFICE ATATATAT
((((508508508508) ) ) ) 228228228228----7255725572557255
Page iii
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET
2009 ANNUAL TOWN MEETING2009 ANNUAL TOWN MEETING2009 ANNUAL TOWN MEETING2009 ANNUAL TOWN MEETING
TABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTS
Article NumberArticle NumberArticle NumberArticle Number
Page Page Page Page
NumberNumberNumberNumber
1 Receipt of Reports 1
2 Appropriation: Unpaid Bills 1
3 Appropriation: Prior Year Articles 2
4 Revolving Accounts: Annual Authorization 3
5 Appropriation: Reserve Fund 4
6 Fiscal Year 2009 Budget Transfers 4
7 Personnel Compensation Plans for Fiscal Year 2010 5
8 Appropriation: Fiscal Year 2010 General Fund Operating Budget 8
9 Appropriation: Health and Human Services 11
10 Appropriation: General Fund Capital Expenditures 11
11 Appropriation: Police Station 14
12 Appropriation: Enterprise Funds Operations 15
13 Appropriation: Enterprise Funds Capital Expenditures 16
14 Enterprise Funds: Fiscal Year 2009 Budget Transfers 17
15 Waterways Improvement Fund: Authorization to Establish 18
16 Transfer of Funds from Park and Recreation Budget to NPS Budget/Maltby 18
17 Delinquent Tax Demand Charge Increase Authorization 19
18 Appropriation: County Assessment 19
19 Appropriation: Finalizing Fiscal Year 2010 County Budget 19
20 Rescind Unused Borrowing Authority 20
21 Appropriation: Ferry Embarkation Fee 20
22 Appropriation: Collective Bargaining Agreement/Police Union 21
22A Appropriation: Collective Bargaining Agreement/Police Union 21
23 Appropriation: Collective Bargaining Agreement/Fire Union 21
24 Appropriation: Community Preservation Committee/Beaugrand 22
25 Feasibility Study Re: Solar Energy System for Community Pool/Maltby 25
26 Acceptance of 41-81D Master Plan 25
27 Zoning Bylaw Amendment: Residential and Commercial Uses 26
28 Zoning Bylaw Amendment: Residential Parking 89
29 Zoning Map Change: Madaket Southwest Quadrant 95
30 Zoning Map Change: Hummock Pond Rd 106
31 Zoning Map Change: 1 Milestone Rd/Wannacomet Water Company 107
32 Zoning Map Change: Mary Ann Dr and Pine Crest Dr 108
Page iv
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET
2009 ANNUAL TOWN MEETING2009 ANNUAL TOWN MEETING2009 ANNUAL TOWN MEETING2009 ANNUAL TOWN MEETING
TABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTS
Article NumberArticle NumberArticle NumberArticle Number
Page Page Page Page
NumberNumberNumberNumber
33 Zoning Map Change: Pine Tree Rd and Hinsdale Rd 110
34 Zoning Map Change: Macys Ln and Hinsdale Rd 112
35 Zoning Map Change: Naushop 114
36 Zoning Map Change: Witherspoon Dr 125
37 Zoning Map Change: Old South Rd, Mary Ann Dr, Pine Tree Rd and Macys Ln 126
38 Zoning Map Change: Cod Fish Park Rd 128
39 Zoning Map Change: Broadway, Shell St and King St 130
40 Zoning Map Change: Windsor Rd 131
41 Zoning Map Change: Amelia Dr 132
42 Zoning Map Change: Monomoy Rd, Polpis Rd and Chatham Rd 134
43 Zoning Bylaw Amendment: Moorlands Management District/Fisher 136
44 Zoning Bylaw Amendment: Sconset Residential/Ryder 137
45 Zoning Bylaw Amendment: Multi-Family Overlay District/Stackpole 139
46 Zoning Bylaw Amendment: Preexisting, Nonconforming Lots 139
47 Zoning Bylaw Amendment: Wind Energy Conversion Systems/Tupper 140
48 Bylaw Amendment: Poles and Wires, Removal of 148
49 Bylaw Amendment: Peace and Good Order 152
50 Bylaw Amendment: Shellfish, Taking of 154
51 Bylaw Amendment: Signs, Satellite Dishes, Rooflines/Barnes 157
52 Bylaw Amendment: Board of Sewer Commissioners/Bamber 158
53 Bylaw Amendment: Board of Sewer Commissioners/Barnes 158
54 Charter Amendment: Town Meeting Warrant 159
55 Charter Amendment: Town Administration/Barnes 160
56 Separate Board of Health/Barnes 160
57 Adoption of Policy Regarding Solar Energy Systems/Barnes 161
58 Prohibition of Cell Phone Use While Driving/Glidden 162
59 Relocation of Loading Zone/Willauer 162
60 Home Rule Petition: Nantucket Historic District Commission 162
61 Home Rule Petition: Establish a Post-Employment Benefits Trust Fund 163
62 Home Rule Petition: Community Housing Bank 166
63 Home Rule Petition: Nantucket Islands Land Bank Act Amendment 179
64 Home Rule Petition: 7 Miacomet Road 181
65 Home Rule Petition: Expansion of Room Occupancy Tax 182
66 Home Rule Petition: Harbor and Shellfish Advisory Board 183
Page v
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET
2009 ANNUAL TOWN MEETING2009 ANNUAL TOWN MEETING2009 ANNUAL TOWN MEETING2009 ANNUAL TOWN MEETING
TABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTS
Article NumberArticle NumberArticle NumberArticle Number
Page Page Page Page
NumberNumberNumberNumber
67 Home Rule Petition: Ocean Management Planning Process 184
68 Home Rule Petition: Pay for Town Employees Serving in Armed Forces/Ross 185
69 Home Rule Petition: Pay for William J. Higgins/Murphy 186
70 Acceptance of Massachusetts General Law: Military Pay/Ross 187
71 Acceptance of Statute Regarding Local Tax Options 188
72
Acceptance of MGL 44, Sections 55C-109 of the Acts of 2006/Affordable Housing
Trust Fund 188
73 Termination of Leases, Licenses with Siasconset Beach Preservation Fund/Stover 197
74 Exemption Regarding Cemeteries/Stover 198
75 Real Estate Disposition: Long-term Lease Authorization/2 Fairgrounds Rd 198
76 Real Estate Conveyance: Conservation Restriction 199
77 Real Estate Conveyance: 12 Weweeder Ave 199
78 Real Estate Conveyance: Pochick Ave, Surfside 200
79 Real Estate Conveyance: 19 Masaquet Ave 200
80 Real Estate Conveyance: 58A Orange St 200
81 Real Estate Conveyance: 28A Arlington St 201
82 Real Estate Conveyance: 24 Berkley St 201
83 Real Estate Conveyance: 29 Shell St 201
84 Real Estate Conveyance: Utah Ave 202
85 Real Estate Conveyance: 34 Nobadeer Ave 202
86 Real Estate Conveyance: 6 Easy St 203
87 Real Estate Conveyance: Surfside 203
88 Real Estate Conveyance: Surfside 204
89 Real Estate Conveyance: Surfside 204
90 Real Estate Conveyance: Clifford St 205
91 Real Estate Disposition: Vernon St 205
92 Real Estate Acquisitions: Uncatena St 206
93 Yard Sale Conveyances: Uncatena St 206
94 Real Estate Acquisitions: Off Low Beach Rd 207
95 Yard Sale Conveyances: Low Beach Rd Parcels 209
96 Real Estate Acquisition: Laurel St 211
97 Yard Sale Conveyance: Laurel St 211
98 Real Estate Disposition: Ticcoma Way 212
99 Real Estate Conveyance: Miacomet Park 212
Page vi
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET
2009 ANNUAL TOWN MEETING2009 ANNUAL TOWN MEETING2009 ANNUAL TOWN MEETING2009 ANNUAL TOWN MEETING
TABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTS
Article NumberArticle NumberArticle NumberArticle Number
Page Page Page Page
NumberNumberNumberNumber
100 Real Estate Disposition: Dreamland Theatre 213
101 Appropriation: Stabilization Fund 214
102 Appropriation: Free Cash 214
NOTE:NOTE:NOTE:NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS PETITION ARTICLES HAVE BEEN PRINTED AS PETITION ARTICLES HAVE BEEN PRINTED AS PETITION ARTICLES HAVE BEEN PRINTED AS
SUBMITTED BY THE PETITIONERS AND MAY SUBMITTED BY THE PETITIONERS AND MAY SUBMITTED BY THE PETITIONERS AND MAY SUBMITTED BY THE PETITIONERS AND MAY
CONTAIN TYPOGRAPHICONTAIN TYPOGRAPHICONTAIN TYPOGRAPHICONTAIN TYPOGRAPHICAL AND OTHER ERRORSCAL AND OTHER ERRORSCAL AND OTHER ERRORSCAL AND OTHER ERRORS
Page 1
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 1ARTICLE 1ARTICLE 1ARTICLE 1
(Receipt of Reports)
To receive the reports of various departments and committees as printed in the Fiscal
Year 2008 Annual Town Report or as may come before this meeting.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the reports ofFINANCE COMMITTEE MOTION: Moved that the reports ofFINANCE COMMITTEE MOTION: Moved that the reports ofFINANCE COMMITTEE MOTION: Moved that the reports of various departments and various departments and various departments and various departments and
committees as printed in the Fiscal Year 200committees as printed in the Fiscal Year 200committees as printed in the Fiscal Year 200committees as printed in the Fiscal Year 2008888 Annual Town Report or as may come before this Annual Town Report or as may come before this Annual Town Report or as may come before this Annual Town Report or as may come before this
meeting be accepted anmeeting be accepted anmeeting be accepted anmeeting be accepted and filed with the permanent records of the Town.d filed with the permanent records of the Town.d filed with the permanent records of the Town.d filed with the permanent records of the Town.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 2ARTICLE 2ARTICLE 2ARTICLE 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 FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved that that that that Sixteen Thousand Seven Hundred NinetySixteen Thousand Seven Hundred NinetySixteen Thousand Seven Hundred NinetySixteen Thousand Seven Hundred Ninety----one one one one
Dollars and EightyDollars and EightyDollars and EightyDollars and Eighty----five Cents ($16,791.85) five Cents ($16,791.85) five Cents ($16,791.85) five Cents ($16,791.85) be raisedbe raisedbe raisedbe raised and appropriated from the Fiscal Year and appropriated from the Fiscal Year and appropriated from the Fiscal Year and appropriated from the Fiscal Year
2020202010101010 tax l tax l tax l tax levy and other general revenues evy and other general revenues evy and other general revenues evy and other general revenues of the Town of the Town of the Town of the Town to pay the to pay the to pay the to pay the General Fund General Fund General Fund General Fund unpaid billsunpaid billsunpaid billsunpaid bills; ; ; ;
that Four Hundred Ninety Dollars ($490.00) be appropriated from the Fiscal Year 2010 Sewer that Four Hundred Ninety Dollars ($490.00) be appropriated from the Fiscal Year 2010 Sewer that Four Hundred Ninety Dollars ($490.00) be appropriated from the Fiscal Year 2010 Sewer that Four Hundred Ninety Dollars ($490.00) be appropriated from the Fiscal Year 2010 Sewer
Enterprise Fund anticipated revenues to pay the sewer fund unpaid billsEnterprise Fund anticipated revenues to pay the sewer fund unpaid billsEnterprise Fund anticipated revenues to pay the sewer fund unpaid billsEnterprise Fund anticipated revenues to pay the sewer fund unpaid bills from p from p from p from prior fiscal yearsrior fiscal yearsrior fiscal yearsrior fiscal years; ; ; ;
and, that Six Thousand Nine Hundred Eight Dollars and Seventyand, that Six Thousand Nine Hundred Eight Dollars and Seventyand, that Six Thousand Nine Hundred Eight Dollars and Seventyand, that Six Thousand Nine Hundred Eight Dollars and Seventy----two Cents ($6,908.72) be two Cents ($6,908.72) be two Cents ($6,908.72) be two Cents ($6,908.72) be
appropriated from the Fiscal Year 2010 Solid Waste Enterprise Fund anticipated revenues to appropriated from the Fiscal Year 2010 Solid Waste Enterprise Fund anticipated revenues to appropriated from the Fiscal Year 2010 Solid Waste Enterprise Fund anticipated revenues to appropriated from the Fiscal Year 2010 Solid Waste Enterprise Fund anticipated revenues to
pay the solid waste enterprise fund bill from a prior fiscapay the solid waste enterprise fund bill from a prior fiscapay the solid waste enterprise fund bill from a prior fiscapay the solid waste enterprise fund bill from a prior fiscal yearl yearl yearl year::::
DEPARTMENTDEPARTMENTDEPARTMENTDEPARTMENT VENDORVENDORVENDORVENDOR AMOUNTAMOUNTAMOUNTAMOUNT
Board of SelectmenBoard of SelectmenBoard of SelectmenBoard of Selectmen Homer Ray Refrigeration LLCHomer Ray Refrigeration LLCHomer Ray Refrigeration LLCHomer Ray Refrigeration LLC $103.00$103.00$103.00$103.00
Board of SelectmenBoard of SelectmenBoard of SelectmenBoard of Selectmen Marine Home CenterMarine Home CenterMarine Home CenterMarine Home Center $35.22$35.22$35.22$35.22
Board of SelectmenBoard of SelectmenBoard of SelectmenBoard of Selectmen Marine Home CenterMarine Home CenterMarine Home CenterMarine Home Center $65.51$65.51$65.51$65.51
Board of SelectmenBoard of SelectmenBoard of SelectmenBoard of Selectmen Marine Home CenterMarine Home CenterMarine Home CenterMarine Home Center $63.50$63.50$63.50$63.50
Board of SelectmenBoard of SelectmenBoard of SelectmenBoard of Selectmen Marine HMarine HMarine HMarine Home Centerome Centerome Centerome Center $17.75$17.75$17.75$17.75
Board of SelectmenBoard of SelectmenBoard of SelectmenBoard of Selectmen Marine Home CenterMarine Home CenterMarine Home CenterMarine Home Center $12.16$12.16$12.16$12.16
Board of SelectmenBoard of SelectmenBoard of SelectmenBoard of Selectmen Nantucket Office ProductsNantucket Office ProductsNantucket Office ProductsNantucket Office Products $7.83$7.83$7.83$7.83
Board of SelectmenBoard of SelectmenBoard of SelectmenBoard of Selectmen TerminixTerminixTerminixTerminix $200.00$200.00$200.00$200.00
Finance DepartmentFinance DepartmentFinance DepartmentFinance Department Dr. LeporeDr. LeporeDr. LeporeDr. Lepore $256.00$256.00$256.00$256.00
Our Island HomeOur Island HomeOur Island HomeOur Island Home AccuAccuAccuAccu----Med ServicesMed ServicesMed ServicesMed Services $345.00$345.00$345.00$345.00
Our Island HomeOur Island HomeOur Island HomeOur Island Home AccuAccuAccuAccu----Med ServicesMed ServicesMed ServicesMed Services $319.25$319.25$319.25$319.25
Page 2
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Our Island HomeOur Island HomeOur Island HomeOur Island Home Susan BalesterSusan BalesterSusan BalesterSusan Balester $163.00$163.00$163.00$163.00
Our Island HomeOur Island HomeOur Island HomeOur Island Home Cape Medical Supply, Inc.Cape Medical Supply, Inc.Cape Medical Supply, Inc.Cape Medical Supply, Inc. $430.00$430.00$430.00$430.00
Our Island HomeOur Island HomeOur Island HomeOur Island Home Dan’s PharmacyDan’s PharmacyDan’s PharmacyDan’s Pharmacy $29.31$29.31$29.31$29.31
Our Island HomeOur Island HomeOur Island HomeOur Island Home Dan’s PharmacyDan’s PharmacyDan’s PharmacyDan’s Pharmacy $193.08$193.08$193.08$193.08
Our Island HomeOur Island HomeOur Island HomeOur Island Home Kate EilertKate EilertKate EilertKate Eilert $66.58$66.58$66.58$66.58
Our Island HomeOur Island HomeOur Island HomeOur Island Home Gail EllisGail EllisGail EllisGail Ellis $450.00$450.00$450.00$450.00
Our Island HomeOur Island HomeOur Island HomeOur Island Home Nancy KoylNancy KoylNancy KoylNancy Koyl $225.00$225.00$225.00$225.00
Our Island HomeOur Island HomeOur Island HomeOur Island Home Marine Home CenterMarine Home CenterMarine Home CenterMarine Home Center $173.62$173.62$173.62$173.62
Our Island HomeOur Island HomeOur Island HomeOur Island Home Nantucket Cottage HospitalNantucket Cottage HospitalNantucket Cottage HospitalNantucket Cottage Hospital $71.30$71.30$71.30$71.30
Our Island HomeOur Island HomeOur Island HomeOur Island Home Nantucket Cottage HospitalNantucket Cottage HospitalNantucket Cottage HospitalNantucket Cottage Hospital $1,650.48$1,650.48$1,650.48$1,650.48
Our Island HomeOur Island HomeOur Island HomeOur Island Home North Shore PharmacyNorth Shore PharmacyNorth Shore PharmacyNorth Shore Pharmacy $153.86$153.86$153.86$153.86
Our Island HomeOur Island HomeOur Island HomeOur Island Home North Shore PharmacyNorth Shore PharmacyNorth Shore PharmacyNorth Shore Pharmacy $5.25$5.25$5.25$5.25
Our Island HomeOur Island HomeOur Island HomeOur Island Home Dr. Diane PearlDr. Diane PearlDr. Diane PearlDr. Diane Pearl $5,500.00$5,500.00$5,500.00$5,500.00
Our Island HomeOur Island HomeOur Island HomeOur Island Home Stop and ShopStop and ShopStop and ShopStop and Shop $93.48$93.48$93.48$93.48
Our Island HomeOur Island HomeOur Island HomeOur Island Home McKessonMcKessonMcKessonMcKesson $3,675.42$3,675.42$3,675.42$3,675.42
Public Works Public Works Public Works Public Works Atlantic LandscapingAtlantic LandscapingAtlantic LandscapingAtlantic Landscaping $2,486.25$2,486.25$2,486.25$2,486.25
Subtotal General Fund ExpenseSubtotal General Fund ExpenseSubtotal General Fund ExpenseSubtotal General Fund Expense $16,791.85$16,791.85$16,791.85$16,791.85
Sewer Enterprise FundSewer Enterprise FundSewer Enterprise FundSewer Enterprise Fund BBBBarbeau & Associatesarbeau & Associatesarbeau & Associatesarbeau & Associates $400.00$400.00$400.00$400.00
Sewer Enterprise FundSewer Enterprise FundSewer Enterprise FundSewer Enterprise Fund Wright Wright Wright Wright –––– Pierce Pierce Pierce Pierce $90.00$90.00$90.00$90.00
Subtotal Subtotal Subtotal Subtotal Sewer Enterprise Sewer Enterprise Sewer Enterprise Sewer Enterprise
Fund ExpenseFund ExpenseFund ExpenseFund Expense $490.00$490.00$490.00$490.00
Sewer Enterprise FundSewer Enterprise FundSewer Enterprise FundSewer Enterprise Fund Deutsch WilliamsDeutsch WilliamsDeutsch WilliamsDeutsch Williams $6,908.72$6,908.72$6,908.72$6,908.72
Subtotal Solid Waste Enterprise Fund ExpenseSubtotal Solid Waste Enterprise Fund ExpenseSubtotal Solid Waste Enterprise Fund ExpenseSubtotal Solid Waste Enterprise Fund Expense $6,908.72$6,908.72$6,908.72$6,908.72
TOTALTOTALTOTALTOTAL $$$$24,190.5724,190.5724,190.5724,190.57
BBBBOARD OF SELECTMEN COMMENT:OARD OF SELECTMEN COMMENT:OARD OF SELECTMEN COMMENT:OARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 3ARTICLE 3ARTICLE 3ARTICLE 3
(Appropriation: Prior Year Articles)
To see what sums the Town will vote to appropriate and transfer from available funds
previously appropriated pursuant to Articles voted in prior years.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that One Hundred Ninety Thousand Dollars FINANCE COMMITTEE MOTION: Moved that One Hundred Ninety Thousand Dollars FINANCE COMMITTEE MOTION: Moved that One Hundred Ninety Thousand Dollars FINANCE COMMITTEE MOTION: Moved that One Hundred Ninety Thousand Dollars
($190,000) ($190,000) ($190,000) ($190,000) is is is is transferred from Article 10 of the 2008 Annual Town Meeting (Replacetransferred from Article 10 of the 2008 Annual Town Meeting (Replacetransferred from Article 10 of the 2008 Annual Town Meeting (Replacetransferred from Article 10 of the 2008 Annual Town Meeting (Replacement of ment of ment of ment of
one (1) one (1) one (1) one (1) ambulance #3) to the Ambulance Reserve Fund; and, ambulance #3) to the Ambulance Reserve Fund; and, ambulance #3) to the Ambulance Reserve Fund; and, ambulance #3) to the Ambulance Reserve Fund; and,
Page 3
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
further, that Twentyfurther, that Twentyfurther, that Twentyfurther, that Twenty----five Thousand Five Hundred five Thousand Five Hundred five Thousand Five Hundred five Thousand Five Hundred SixtySixtySixtySixty----nine Dollars ($25,569) is nine Dollars ($25,569) is nine Dollars ($25,569) is nine Dollars ($25,569) is transferred transferred transferred transferred
from Article 10 of the 2007 Annual Town Meeting (Replacement of ambulance)from Article 10 of the 2007 Annual Town Meeting (Replacement of ambulance)from Article 10 of the 2007 Annual Town Meeting (Replacement of ambulance)from Article 10 of the 2007 Annual Town Meeting (Replacement of ambulance) to the to the to the to the
Ambulance ReseAmbulance ReseAmbulance ReseAmbulance Reserve Fund.rve Fund.rve Fund.rve Fund.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 4ARTICLE 4ARTICLE 4ARTICLE 4
(Revolving Accounts: Annual Authorization)
To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to
Chapter 44, section 53E½ of the Massachusetts General Laws for fiscal year 2010.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hereby Moved that the revolving funds listed below be hereby Moved that the revolving funds listed below be hereby Moved that the revolving funds listed below be hereby
authorized to continue during Fiscal Year 2009 as follows:authorized to continue during Fiscal Year 2009 as follows:authorized to continue during Fiscal Year 2009 as follows:authorized to continue during Fiscal Year 2009 as follows:
FUNDFUNDFUNDFUND
REVENUE REVENUE REVENUE REVENUE
SOURCESOURCESOURCESOURCE
AUTHORITY TO AUTHORITY TO AUTHORITY TO AUTHORITY TO
SPENDSPENDSPENDSPEND USE OF FUNDUSE OF FUNDUSE OF FUNDUSE OF FUND
SPENDINGSPENDINGSPENDINGSPENDING
LIMITLIMITLIMITLIMIT
BeachBeachBeachBeach
ImprovementImprovementImprovementImprovement
BeachBeachBeachBeach
PermitPermitPermitPermit
StickerStickerStickerSticker
salessalessalessales
Town Town Town Town ManagerManagerManagerManager with with with with
approval of Board of approval of Board of approval of Board of approval of Board of
SelectmenSelectmenSelectmenSelectmen
In accordance with c. 56, § 7A of Town Code, In accordance with c. 56, § 7A of Town Code, In accordance with c. 56, § 7A of Town Code, In accordance with c. 56, § 7A of Town Code,
and including endangered species monitor and including endangered species monitor and including endangered species monitor and including endangered species monitor
program; beach patrols/moniprogram; beach patrols/moniprogram; beach patrols/moniprogram; beach patrols/monitors; beach use tors; beach use tors; beach use tors; beach use
education/informationeducation/informationeducation/informationeducation/information
$350,000$350,000$350,000$350,000
TennisTennisTennisTennis
CourtCourtCourtCourt Tennis feesTennis feesTennis feesTennis fees
Town Town Town Town ManagerManagerManagerManager with with with with
approval of Park & approval of Park & approval of Park & approval of Park &
RecreationRecreationRecreationRecreation
CommissionCommissionCommissionCommission
Operation, maintenance of tennis court facility Operation, maintenance of tennis court facility Operation, maintenance of tennis court facility Operation, maintenance of tennis court facility
and housing for seasonal staffand housing for seasonal staffand housing for seasonal staffand housing for seasonal staff $5$5$5$50,0000,0000,0000,000
ConservationConservationConservationConservation
FundFundFundFund
ConservationConservationConservationConservation
CommiCommiCommiCommission ssion ssion ssion
application feesapplication feesapplication feesapplication fees
Town Town Town Town ManagerManagerManagerManager with with with with
approval of approval of approval of approval of
ConservationConservationConservationConservation
CommissionCommissionCommissionCommission
Consulting services in connection with Consulting services in connection with Consulting services in connection with Consulting services in connection with
professional review of applicationsprofessional review of applicationsprofessional review of applicationsprofessional review of applications $100,000$100,000$100,000$100,000
Septic System Septic System Septic System Septic System
InspectionsInspectionsInspectionsInspections
Septic system Septic system Septic system Septic system
application feesapplication feesapplication feesapplication fees
Town Town Town Town ManagerManagerManagerManager with with with with
approval of Board oapproval of Board oapproval of Board oapproval of Board of f f f
HealthHealthHealthHealth
Contractor services in connection with septic Contractor services in connection with septic Contractor services in connection with septic Contractor services in connection with septic
system inspectionssystem inspectionssystem inspectionssystem inspections; costs associated septic ; costs associated septic ; costs associated septic ; costs associated septic
system inspection related training and portion system inspection related training and portion system inspection related training and portion system inspection related training and portion
of salaries for staff in connection with septic of salaries for staff in connection with septic of salaries for staff in connection with septic of salaries for staff in connection with septic
systemsystemsystemsystem duties and responsibilities duties and responsibilities duties and responsibilities duties and responsibilities, together , together , together , together
with the with the with the with the proportiproportiproportiproportionate onate onate onate costs of fringe benefits costs of fringe benefits costs of fringe benefits costs of fringe benefits
associated with the salaries so paidassociated with the salaries so paidassociated with the salaries so paidassociated with the salaries so paid
$$$$100100100100,000,000,000,000
Seasonal Food Seasonal Food Seasonal Food Seasonal Food
Service Service Service Service
InspectionsInspectionsInspectionsInspections
Food service Food service Food service Food service
permit feespermit feespermit feespermit fees
Town Town Town Town ManagerManagerManagerManager with with with with
approval of Board of approval of Board of approval of Board of approval of Board of
HealthHealthHealthHealth
Seasonal food service inspections Seasonal food service inspections Seasonal food service inspections Seasonal food service inspections $25,000$25,000$25,000$25,000
School Staff School Staff School Staff School Staff
Travel ProgramTravel ProgramTravel ProgramTravel Program
Participant Participant Participant Participant
paymentspaymentspaymentspayments
School School School School
Superintendent with Superintendent with Superintendent with Superintendent with
approval of School approval of School approval of School approval of School
CommitteeCommitteeCommitteeCommittee
Defrayment of travel costs incurred by Defrayment of travel costs incurred by Defrayment of travel costs incurred by Defrayment of travel costs incurred by
employees of Nantucket Public Schools for employees of Nantucket Public Schools for employees of Nantucket Public Schools for employees of Nantucket Public Schools for
work purposeswork purposeswork purposeswork purposes
$$$$5555,000,000,000,000
Page 4
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
FUNDFUNDFUNDFUND
REVENUE REVENUE REVENUE REVENUE
SOURCESOURCESOURCESOURCE
AUTHORITY TO AUTHORITY TO AUTHORITY TO AUTHORITY TO
SPENDSPENDSPENDSPEND USE OF FUNDUSE OF FUNDUSE OF FUNDUSE OF FUND
SPENDINGSPENDINGSPENDINGSPENDING
LIMITLIMITLIMITLIMIT
Lifeguard Lifeguard Lifeguard Lifeguard
HousingHousingHousingHousing
Rental Rental Rental Rental
paymentspaymentspaymentspayments
Town Manager with Town Manager with Town Manager with Town Manager with
approval of Board of approval of Board of approval of Board of approval of Board of
SelectmenSelectmenSelectmenSelectmen
Defrayment of maintenance/upkeep of Defrayment of maintenance/upkeep of Defrayment of maintenance/upkeep of Defrayment of maintenance/upkeep of
lifeguard housing facilitieslifeguard housing facilitieslifeguard housing facilitieslifeguard housing facilities $$$$11115,0005,0005,0005,000
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 5ARTICLE 5ARTICLE 5ARTICLE 5
(Appropriation: Reserve Fund)
To see what sum the Town will vote to appropriate, and also to raise, borrow pursuant to
any applicable statute, or transfer from available funds, for the purposes of establishing a
Reserve Fund pursuant to Chapter 40, section 6 of the Massachusetts General Laws, to
provide for the extraordinary and unforeseen expenditures which may arise during fiscal year
2010; said sum not to exceed five (5) percent of the fiscal year 2009 tax levy.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that ThreeThreeThreeThree Hundred Hundred Hundred Hundred EightyEightyEightyEighty----two two two two Thousand Thousand Thousand Thousand Seven Seven Seven Seven
HundrHundrHundrHundred ed ed ed Dollars ($Dollars ($Dollars ($Dollars ($333382828282,,,,777700) be raised and appropriated from the Fiscal Year 2000) be raised and appropriated from the Fiscal Year 2000) be raised and appropriated from the Fiscal Year 2000) be raised and appropriated from the Fiscal Year 2010101010 tax levy and tax levy and tax levy and tax levy and
other general revenues of the Town to establish a Reserve Fund for Fiscal Year 20other general revenues of the Town to establish a Reserve Fund for Fiscal Year 20other general revenues of the Town to establish a Reserve Fund for Fiscal Year 20other general revenues of the Town to establish a Reserve Fund for Fiscal Year 2010101010 pursuant pursuant pursuant pursuant
to chapter 40, s. 6 of the General Laws.to chapter 40, s. 6 of the General Laws.to chapter 40, s. 6 of the General Laws.to chapter 40, s. 6 of the General Laws.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: TheTheTheThe Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 6ARTICLE 6ARTICLE 6ARTICLE 6
(Fiscal Year 2009 Budget Transfers)
To see what sums the Town will vote to transfer into various line items of the fiscal year
2009 operating budget from other line items of said budget and from other available funds.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred Moved that the amounts listed below be transferred Moved that the amounts listed below be transferred Moved that the amounts listed below be transferred
between the various Fiscal Year 200between the various Fiscal Year 200between the various Fiscal Year 200between the various Fiscal Year 2009999 accounts and expenditures as follows: accounts and expenditures as follows: accounts and expenditures as follows: accounts and expenditures as follows:
FROMFROMFROMFROM TOTOTOTO AMOUNTAMOUNTAMOUNTAMOUNT
Finance & Operations, SalariesFinance & Operations, SalariesFinance & Operations, SalariesFinance & Operations, Salaries Finance & Operations, ExpenseFinance & Operations, ExpenseFinance & Operations, ExpenseFinance & Operations, Expense $ $ $ $ 55550,0000,0000,0000,000
Finance & Operations, SalariesFinance & Operations, SalariesFinance & Operations, SalariesFinance & Operations, Salaries General Insurance, ExpenseGeneral Insurance, ExpenseGeneral Insurance, ExpenseGeneral Insurance, Expense $ 30,000$ 30,000$ 30,000$ 30,000
Finance & Operations, SalariesFinance & Operations, SalariesFinance & Operations, SalariesFinance & Operations, Salaries Retirement, ExpenseRetirement, ExpenseRetirement, ExpenseRetirement, Expense $ 1,700$ 1,700$ 1,700$ 1,700
Marine Department, SalariesMarine Department, SalariesMarine Department, SalariesMarine Department, Salaries Marine Department, ExpenseMarine Department, ExpenseMarine Department, ExpenseMarine Department, Expense $ $ $ $ 11,000 11,000 11,000 11,000
MaMaMaMarine Department, Salariesrine Department, Salariesrine Department, Salariesrine Department, Salaries Health Department, SalariesHealth Department, SalariesHealth Department, SalariesHealth Department, Salaries $ 3,100 $ 3,100 $ 3,100 $ 3,100
Marine Department, SalariesMarine Department, SalariesMarine Department, SalariesMarine Department, Salaries Parking Clerk, ExpenseParking Clerk, ExpenseParking Clerk, ExpenseParking Clerk, Expense $ 9,100$ 9,100$ 9,100$ 9,100
Marine Department, SalariesMarine Department, SalariesMarine Department, SalariesMarine Department, Salaries Snow & Ice, ExpenseSnow & Ice, ExpenseSnow & Ice, ExpenseSnow & Ice, Expense $ 39,000 $ 39,000 $ 39,000 $ 39,000
NP & EDC, SalariesNP & EDC, SalariesNP & EDC, SalariesNP & EDC, Salaries NP & EDC, ExpenseNP & EDC, ExpenseNP & EDC, ExpenseNP & EDC, Expense $ 5,000$ 5,000$ 5,000$ 5,000
Page 5
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Our Island Home, SalariesOur Island Home, SalariesOur Island Home, SalariesOur Island Home, Salaries Our Island Home, ExpenseOur Island Home, ExpenseOur Island Home, ExpenseOur Island Home, Expense $ 120,000$ 120,000$ 120,000$ 120,000
Selectmen, ExpenseSelectmen, ExpenseSelectmen, ExpenseSelectmen, Expense Selectmen, SalariesSelectmen, SalariesSelectmen, SalariesSelectmen, Salaries $ 10,000$ 10,000$ 10,000$ 10,000
Zoning Board of Appeals, SalariesZoning Board of Appeals, SalariesZoning Board of Appeals, SalariesZoning Board of Appeals, Salaries NP & EDC, SalariesNP & EDC, SalariesNP & EDC, SalariesNP & EDC, Salaries $ 30,600 $ 30,600 $ 30,600 $ 30,600
Zoning Board of Appeals, ExpenseZoning Board of Appeals, ExpenseZoning Board of Appeals, ExpenseZoning Board of Appeals, Expense NP & EDC, ExpenseNP & EDC, ExpenseNP & EDC, ExpenseNP & EDC, Expense $ $ $ $ 7,9767,9767,9767,976
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 7ARTICLE 7ARTICLE 7ARTICLE 7
(Personnel Compensation Plans for Fiscal Year 2010)
To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year
2010:
Schedule A -- 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) 20.00
Election Worker (hourly) 15.00
EMT, Call (per hour) 15.00
Fire Captain, Call (yearly) 150.00
Fire Fighter, Call (per 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 B -- Seasonal Employee Compensation Schedule
(Spring, Summer, Fall, Winter/Effective April 15, 2009- April 14, 2010)
CompensationCompensationCompensationCompensation StartStartStartStart SecondSecondSecondSecond ThirdThirdThirdThird FourthFourthFourthFourth
Page 6
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
LevelLevelLevelLevel SeasonSeasonSeasonSeason SeasonSeasonSeasonSeason SeasonSeasonSeasonSeason
A-Hourly* $13.00 $14.00 $15.00 $16.00
B-Hourly* $13.50 $14.50 $15.50 $16.50
C-Hourly* $14.50 $15.50 $16.50 $17.50
D-Hourly* $15.00 $16.00 $17.00 $18.00
E-Hourly* $17.00 $17.50 $18.00 $19.00
*An employee assigned supervisory responsibilities shall be placed in the next higher category.
A: Dock Attendant, Information Aide, Matron
B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish
Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works)
C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock
Worker
D: Seasonal Firefighter/EMT, Summer Special Police, Lifeguard, Tennis 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 C -- 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 D -- Compensation Schedule for Elected Officials*
Moderator $150 per year
Selectman, Chair $5,000/per year
Selectmen $3,500/per year
Town Clerk $84,351
*Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded
from the Personnel Bylaw of the Town.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that the following schedules be adopted: Moved that the following schedules be adopted: Moved that the following schedules be adopted: Moved that the following schedules be adopted:
Schedule A Schedule A Schedule A Schedule A -------- Miscellaneous Compensation Schedule Miscellaneous Compensation Schedule Miscellaneous Compensation Schedule Miscellaneous Compensation Schedule
Abatement Advisory Committee (yearly Abatement Advisory Committee (yearly Abatement Advisory Committee (yearly Abatement Advisory Committee (yearly
per member)per member)per member)per member) $600.00$600.00$600.00$600.00
Americans with Disabilities Act Facilitator Americans with Disabilities Act Facilitator Americans with Disabilities Act Facilitator Americans with Disabilities Act Facilitator
(hourly)(hourly)(hourly)(hourly) 15.0015.0015.0015.00
Building Inspector, Assistant (hourly)Building Inspector, Assistant (hourly)Building Inspector, Assistant (hourly)Building Inspector, Assistant (hourly) 30.0030.0030.0030.00
Dietician/Our Island Home (hourly)Dietician/Our Island Home (hourly)Dietician/Our Island Home (hourly)Dietician/Our Island Home (hourly) 33.0033.0033.0033.00
Election Warden (hourly)Election Warden (hourly)Election Warden (hourly)Election Warden (hourly) 20.0020.0020.0020.00
Election Worker (hourly)Election Worker (hourly)Election Worker (hourly)Election Worker (hourly) 15.0015.0015.0015.00
EMT, Call (per hour)EMT, Call (per hour)EMT, Call (per hour)EMT, Call (per hour) 15.0015.0015.0015.00
Fire Captain, Call (yearly)Fire Captain, Call (yearly)Fire Captain, Call (yearly)Fire Captain, Call (yearly) 150.00150.00150.00150.00
Page 7
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Fire Fighter, Call (per hour)Fire Fighter, Call (per hour)Fire Fighter, Call (per hour)Fire Fighter, Call (per hour) 15.0015.0015.0015.00
Fire Lieutenant, Call (yearly)Fire Lieutenant, Call (yearly)Fire Lieutenant, Call (yearly)Fire Lieutenant, Call (yearly) 125.00125.00125.00125.00
FirFirFirFire Chief, Second Deputy (yearly)e Chief, Second Deputy (yearly)e Chief, Second Deputy (yearly)e Chief, Second Deputy (yearly) 5,000.005,000.005,000.005,000.00
Fire Chief, Third Deputy (yearly)Fire Chief, Third Deputy (yearly)Fire Chief, Third Deputy (yearly)Fire Chief, Third Deputy (yearly) 5,000.005,000.005,000.005,000.00
Plumbing Inspector, Assistant (hourly)Plumbing Inspector, Assistant (hourly)Plumbing Inspector, Assistant (hourly)Plumbing Inspector, Assistant (hourly) 30.0030.0030.0030.00
Registrar of Voters (yearly)Registrar of Voters (yearly)Registrar of Voters (yearly)Registrar of Voters (yearly) 600.00600.00600.00600.00
Registrar, Temporary Assistant (hourly)Registrar, Temporary Assistant (hourly)Registrar, Temporary Assistant (hourly)Registrar, Temporary Assistant (hourly) 10.0010.0010.0010.00
Seasonal Shellfish Warden(s) (yearly)Seasonal Shellfish Warden(s) (yearly)Seasonal Shellfish Warden(s) (yearly)Seasonal Shellfish Warden(s) (yearly) 303030300.000.000.000.00
Sheriff, Deputy (yearly)Sheriff, Deputy (yearly)Sheriff, Deputy (yearly)Sheriff, Deputy (yearly) 3,500.003,500.003,500.003,500.00
Teen Center Staff (hourly)Teen Center Staff (hourly)Teen Center Staff (hourly)Teen Center Staff (hourly) 11.0011.0011.0011.00
Teen Center Staff/Second Year (hourly)Teen Center Staff/Second Year (hourly)Teen Center Staff/Second Year (hourly)Teen Center Staff/Second Year (hourly) 12.0012.0012.0012.00
Temporary EmployeeTemporary EmployeeTemporary EmployeeTemporary Employee various rates various rates various rates various rates
of payof payof payof pay
Wiring Inspector, Assistant (hourly)Wiring Inspector, Assistant (hourly)Wiring Inspector, Assistant (hourly)Wiring Inspector, Assistant (hourly) 30.0030.0030.0030.00
Veterans' Agent (hourly)Veterans' Agent (hourly)Veterans' Agent (hourly)Veterans' Agent (hourly) 15.0015.0015.0015.00
Schedule B Schedule B Schedule B Schedule B -------- Sea Sea Sea Seasonal Employee Compensation Schedule sonal Employee Compensation Schedule sonal Employee Compensation Schedule sonal Employee Compensation Schedule
(Spring, Summer, Fall, Winter/Effective April 15, 2009(Spring, Summer, Fall, Winter/Effective April 15, 2009(Spring, Summer, Fall, Winter/Effective April 15, 2009(Spring, Summer, Fall, Winter/Effective April 15, 2009---- April 14, 2010) April 14, 2010) April 14, 2010) April 14, 2010)
CompensationCompensationCompensationCompensation SecondSecondSecondSecond ThirdThirdThirdThird FourthFourthFourthFourth
LevelLevelLevelLevel StartStartStartStart SeasonSeasonSeasonSeason SeasonSeasonSeasonSeason SeasonSeasonSeasonSeason
AAAA----Hourly*Hourly*Hourly*Hourly* $13.00$13.00$13.00$13.00 $14.00$14.00$14.00$14.00 $15.00$15.00$15.00$15.00 $16.00$16.00$16.00$16.00
BBBB----Hourly*Hourly*Hourly*Hourly* $13.50$13.50$13.50$13.50 $14.50$14.50$14.50$14.50 $15.50$15.50$15.50$15.50 $16.50$16.50$16.50$16.50
CCCC----Hourly*Hourly*Hourly*Hourly* $14.50$14.50$14.50$14.50 $15.50$15.50$15.50$15.50 $16.50$16.50$16.50$16.50 $17.50$17.50$17.50$17.50
DDDD----Hourly*Hourly*Hourly*Hourly* $15.00$15.00$15.00$15.00 $16.00$16.00$16.00$16.00 $17.00$17.00$17.00$17.00 $18.00$18.00$18.00$18.00
EEEE----Hourly*Hourly*Hourly*Hourly* $17.00$17.00$17.00$17.00 $17.50$17.50$17.50$17.50 $18.00$18.00$18.00$18.00 $19.00$19.00$19.00$19.00
*An employee assigned supervisory responsibilities shall be placed in the next higher category.*An employee assigned supervisory responsibilities shall be placed in the next higher category.*An employee assigned supervisory responsibilities shall be placed in the next higher category.*An employee assigned supervisory responsibilities shall be placed in the next higher category.
A: Dock Attendant, Information Aide, MatroA: Dock Attendant, Information Aide, MatroA: Dock Attendant, Information Aide, MatroA: Dock Attendant, Information Aide, Matronnnn
B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish
Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works)Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works)Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works)Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works)
C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock
WorkeWorkeWorkeWorkerrrr
D: Seasonal Firefighter/EMT, Summer Special Police, Lifeguard, Tennis Attendant D: Seasonal Firefighter/EMT, Summer Special Police, Lifeguard, Tennis Attendant D: Seasonal Firefighter/EMT, Summer Special Police, Lifeguard, Tennis Attendant D: Seasonal Firefighter/EMT, Summer Special Police, Lifeguard, Tennis Attendant
(Park & Recreation), Laborer (Park & Recreation)(Park & Recreation), Laborer (Park & Recreation)(Park & Recreation), Laborer (Park & Recreation)(Park & Recreation), Laborer (Park & Recreation)
E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal Maintenance Supervisor E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal Maintenance Supervisor E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal Maintenance Supervisor E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal Maintenance Supervisor
(Park & Recreation); Tennis Instructor (Park &(Park & Recreation); Tennis Instructor (Park &(Park & Recreation); Tennis Instructor (Park &(Park & Recreation); Tennis Instructor (Park & Recreation), Swimming Instructor (Park Recreation), Swimming Instructor (Park Recreation), Swimming Instructor (Park Recreation), Swimming Instructor (Park
& Recreation)& Recreation)& Recreation)& Recreation)
Schedule CSchedule CSchedule CSchedule C -------- Scallop Season Compensation ScheduleScallop Season Compensation ScheduleScallop Season Compensation ScheduleScallop Season Compensation Schedule
$35.00/day to be paid to the full$35.00/day to be paid to the full$35.00/day to be paid to the full$35.00/day to be paid to the full----time permanent shellfish warden(s) when scalloping activity is time permanent shellfish warden(s) when scalloping activity is time permanent shellfish warden(s) when scalloping activity is time permanent shellfish warden(s) when scalloping activity is
taking place.taking place.taking place.taking place.
Schedule D Schedule D Schedule D Schedule D -------- Compensation Schedule fo Compensation Schedule fo Compensation Schedule fo Compensation Schedule for Elected Officials*r Elected Officials*r Elected Officials*r Elected Officials*
Page 8
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
ModeratorModeratorModeratorModerator $150 per year$150 per year$150 per year$150 per year
Selectman, ChairSelectman, ChairSelectman, ChairSelectman, Chair $5,000/per year$5,000/per year$5,000/per year$5,000/per year
SelectmenSelectmenSelectmenSelectmen $3,500/per year$3,500/per year$3,500/per year$3,500/per year
Town ClerkTown ClerkTown ClerkTown Clerk $84,351$84,351$84,351$84,351
*Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded
from the Personnel Bylaw of the Tfrom the Personnel Bylaw of the Tfrom the Personnel Bylaw of the Tfrom the Personnel Bylaw of the Town.own.own.own.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 8ARTICLE 8ARTICLE 8ARTICLE 8
(Appropriation: Fiscal Year 2010 General Fund Operating Budget)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant
to any applicable statute, or transfer from available funds, for the purposes of supporting the
offices, departments, boards and commissions of the Town of Nantucket for Fiscal Year 2010.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2010 operating Moved that the following Fiscal Year 2010 operating Moved that the following Fiscal Year 2010 operating Moved that the following Fiscal Year 2010 operating
budget is established for the various offices, boards, and commissions of the Town as follows:budget is established for the various offices, boards, and commissions of the Town as follows:budget is established for the various offices, boards, and commissions of the Town as follows:budget is established for the various offices, boards, and commissions of the Town as follows:
Fiscal Yea Fiscal Yea Fiscal Yea Fiscal Year 2010 r 2010 r 2010 r 2010 FY 2009FY 2009FY 2009FY 2009
DEPARTMENTDEPARTMENTDEPARTMENTDEPARTMENT PAYROLL PAYROLL PAYROLL PAYROLL OPERATINGOPERATINGOPERATINGOPERATING
TOTAL TOTAL TOTAL TOTAL
BUDGETBUDGETBUDGETBUDGET
ARTICLE 8 ARTICLE 8 ARTICLE 8 ARTICLE 8
TOTAL TOTAL TOTAL TOTAL
GENERAL GOVERNMENTGENERAL GOVERNMENTGENERAL GOVERNMENTGENERAL GOVERNMENT
Conservation CommissionConservation CommissionConservation CommissionConservation Commission 122,980 122,980 122,980 122,980 40,050 40,050 40,050 40,050 163,030 163,030 163,030 163,030 164,800 164,800 164,800 164,800
Commission on DisabilityCommission on DisabilityCommission on DisabilityCommission on Disability 10,2 10,2 10,2 10,260 60 60 60 1,980 1,980 1,980 1,980 12,240 12,240 12,240 12,240 13,900 13,900 13,900 13,900
Finance CommitteeFinance CommitteeFinance CommitteeFinance Committee ---- 19,980 19,980 19,980 19,980 19,980 19,980 19,980 19,980 14,800 14,800 14,800 14,800
Finance & OperationsFinance & OperationsFinance & OperationsFinance & Operations 1,438,205 1,438,205 1,438,205 1,438,205 253,260 253,260 253,260 253,260 1,691,465 1,691,465 1,691,465 1,691,465 2,037,520 2,037,520 2,037,520 2,037,520
Historic District CommissionHistoric District CommissionHistoric District CommissionHistoric District Commission 227,525 227,525 227,525 227,525 19,440 19,440 19,440 19,440 246,965 246,965 246,965 246,965 241,100 241,100 241,100 241,100
Human ResourcesHuman ResourcesHuman ResourcesHuman Resources 137,465 137,465 137,465 137,465 28,150 28,150 28,150 28,150 165,615 165,615 165,615 165,615 123,4 123,4 123,4 123,400 00 00 00
Information Systems / GISInformation Systems / GISInformation Systems / GISInformation Systems / GIS 313,025 313,025 313,025 313,025 255,650 255,650 255,650 255,650 568,675 568,675 568,675 568,675 503,300 503,300 503,300 503,300
LegalLegalLegalLegal ---- 440,050 440,050 440,050 440,050 440,050 440,050 440,050 440,050 330,000 330,000 330,000 330,000
ModeratorModeratorModeratorModerator 175 175 175 175 1,000 1,000 1,000 1,000 1,175 1,175 1,175 1,175 1,505 1,505 1,505 1,505
Nantucket Planning OfficeNantucket Planning OfficeNantucket Planning OfficeNantucket Planning Office 428,020 428,020 428,020 428,020 84,850 84,850 84,850 84,850 512,870 512,870 512,870 512,870 472,950 472,950 472,950 472,950
Town AdministrationTown AdministrationTown AdministrationTown Administration 441,655 441,655 441,655 441,655 204,920 204,920 204,920 204,920 646,575 646,575 646,575 646,575 805,975 805,975 805,975 805,975
Town ClerkTown ClerkTown ClerkTown Clerk 208,050 208,050 208,050 208,050 57,050 57,050 57,050 57,050 265,100 265,100 265,100 265,100 260,800 260,800 260,800 260,800
Zoning Board of AppealsZoning Board of AppealsZoning Board of AppealsZoning Board of Appeals ---- ---- ---- 59,800 59,800 59,800 59,800
SubtotaSubtotaSubtotaSubtotallll 3,327,360 3,327,360 3,327,360 3,327,360 1,406,380 1,406,380 1,406,380 1,406,380 4,733,740 4,733,740 4,733,740 4,733,740 5,029,850 5,029,850 5,029,850 5,029,850
SAFETY & PROTECTIONSAFETY & PROTECTIONSAFETY & PROTECTIONSAFETY & PROTECTION
InspectorsInspectorsInspectorsInspectors 615,695 615,695 615,695 615,695 30,600 30,600 30,600 30,600 646,295 646,295 646,295 646,295 630,400 630,400 630,400 630,400
Emergency ManagementEmergency ManagementEmergency ManagementEmergency Management ---- 18,990 18,990 18,990 18,990 18,990 18,990 18,990 18,990 20,150 20,150 20,150 20,150
Fire DepartmentFire DepartmentFire DepartmentFire Department 2,254,730 2,254,730 2,254,730 2,254,730 234,180 234,180 234,180 234,180 2,488,910 2,488,910 2,488,910 2,488,910 2,515,400 2,515,400 2,515,400 2,515,400
Health DepartmentHealth DepartmentHealth DepartmentHealth Department 227,500 227,500 227,500 227,500 20,070 20,070 20,070 20,070 247,570 247,570 247,570 247,570 292,800 292,800 292,800 292,800
Page 9
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Parking ClerkParking ClerkParking ClerkParking Clerk ---- ---- ---- 12,100 12,100 12,100 12,100
Police Department &Police Department &Police Department &Police Department &
Animal Control Animal Control Animal Control Animal Control 3,711,074 3,711,074 3,711,074 3,711,074 519,260 519,260 519,260 519,260 4,230,334 4,230,334 4,230,334 4,230,334 4,29 4,29 4,29 4,298,000 8,000 8,000 8,000
Street LightingStreet LightingStreet LightingStreet Lighting ---- 82,000 82,000 82,000 82,000 82,000 82,000 82,000 82,000 75,000 75,000 75,000 75,000
SubtotalSubtotalSubtotalSubtotal 6,808,999 6,808,999 6,808,999 6,808,999 905,100 905,100 905,100 905,100 7,714,099 7,714,099 7,714,099 7,714,099 7,843,850 7,843,850 7,843,850 7,843,850
MMMMARINE & COASTAL ARINE & COASTAL ARINE & COASTAL ARINE & COASTAL
RESOURCESRESOURCESRESOURCESRESOURCES
Marine DepartmentMarine DepartmentMarine DepartmentMarine Department 718,400 718,400 718,400 718,400 62,600 62,600 62,600 62,600 781,000 781,000 781,000 781,000 757,500 757,500 757,500 757,500
SubtotalSubtotalSubtotalSubtotal 718,400 718,400 718,400 718,400 62,600 62,600 62,600 62,600 781,000 781,000 781,000 781,000 757,500 757,500 757,500 757,500
MAINTENANCEMAINTENANCEMAINTENANCEMAINTENANCE
Gas / Town VehiclesGas / Town VehiclesGas / Town VehiclesGas / Town Vehicles ---- 350,000 350,000 350,000 350,000 350,000 350,000 350,000 350,000 420,000 420,000 420,000 420,000
Mosquito ControlMosquito ControlMosquito ControlMosquito Control ---- ---- ---- 163 163 163 163,600 ,600 ,600 ,600
Public BuildingsPublic BuildingsPublic BuildingsPublic Buildings ---- 709,500 709,500 709,500 709,500 709,500 709,500 709,500 709,500 547,100 547,100 547,100 547,100
Public WorksPublic WorksPublic WorksPublic Works 1,624,500 1,624,500 1,624,500 1,624,500 453,360 453,360 453,360 453,360 2,077,860 2,077,860 2,077,860 2,077,860 2,158,900 2,158,900 2,158,900 2,158,900
Snow and Ice RemovalSnow and Ice RemovalSnow and Ice RemovalSnow and Ice Removal ---- 64,000 64,000 64,000 64,000 64,000 64,000 64,000 64,000 25,000 25,000 25,000 25,000
SubtotalSubtotalSubtotalSubtotal 1,624,500 1,624,500 1,624,500 1,624,500 1,576,860 1,576,860 1,576,860 1,576,860 3,201,360 3,201,360 3,201,360 3,201,360 3,314,600 3,314,600 3,314,600 3,314,600
HUMAN SERVICESHUMAN SERVICESHUMAN SERVICESHUMAN SERVICES
Adult Community Day CareAdult Community Day CareAdult Community Day CareAdult Community Day Care 104,970 104,970 104,970 104,970 12,330 12,330 12,330 12,330 117,300 117,300 117,300 117,300 174,300 174,300 174,300 174,300
Council on AgingCouncil on AgingCouncil on AgingCouncil on Aging 217,075 217,075 217,075 217,075 23,490 23,490 23,490 23,490 240,565 240,565 240,565 240,565 225,600 225,600 225,600 225,600
Council for Human ServicesCouncil for Human ServicesCouncil for Human ServicesCouncil for Human Services 126,475 126,475 126,475 126,475 10,350 10,350 10,350 10,350 136,8 136,8 136,8 136,825 25 25 25 134,900 134,900 134,900 134,900
Our Island HomeOur Island HomeOur Island HomeOur Island Home 4,032,755 4,032,755 4,032,755 4,032,755 1,011,600 1,011,600 1,011,600 1,011,600 5,044,355 5,044,355 5,044,355 5,044,355 4,958,500 4,958,500 4,958,500 4,958,500
Veteran's ServicesVeteran's ServicesVeteran's ServicesVeteran's Services 4,825 4,825 4,825 4,825 9,900 9,900 9,900 9,900 14,725 14,725 14,725 14,725 9,600 9,600 9,600 9,600
SubtotalSubtotalSubtotalSubtotal 4,486,100 4,486,100 4,486,100 4,486,100 1,067,670 1,067,670 1,067,670 1,067,670 5,553,770 5,553,770 5,553,770 5,553,770 5,502,900 5,502,900 5,502,900 5,502,900
CULTURE & RECREATIONCULTURE & RECREATIONCULTURE & RECREATIONCULTURE & RECREATION
AtheneumAtheneumAtheneumAtheneum ---- 578,900 578,900 578,900 578,900 578,900 578,900 578,900 578,900 641,650 641,650 641,650 641,650
Park & RecreationPark & RecreationPark & RecreationPark & Recreation 339 339 339 339,290 ,290 ,290 ,290 130,450 130,450 130,450 130,450 469,740 469,740 469,740 469,740 509,800 509,800 509,800 509,800
Town ClockTown ClockTown ClockTown Clock ---- 2,600 2,600 2,600 2,600 2,600 2,600 2,600 2,600 6,600 6,600 6,600 6,600
Visitor ServicesVisitor ServicesVisitor ServicesVisitor Services 273,600 273,600 273,600 273,600 127,910 127,910 127,910 127,910 40 40 40 401,510 1,510 1,510 1,510 441,200 441,200 441,200 441,200
SubtotalSubtotalSubtotalSubtotal 612,890 612,890 612,890 612,890 839,860 839,860 839,860 839,860 1,452,750 1,452,750 1,452,750 1,452,750 1,599,250 1,599,250 1,599,250 1,599,250
CONTRACTUALOBLIGATIONSCONTRACTUALOBLIGATIONSCONTRACTUALOBLIGATIONSCONTRACTUALOBLIGATIONS 247,000 247,000 247,000 247,000 ---- 247,000 247,000 247,000 247,000 247,100 247,100 247,100 247,100
TOTAL OF DEPT OPERATING TOTAL OF DEPT OPERATING TOTAL OF DEPT OPERATING TOTAL OF DEPT OPERATING
BUDGETSBUDGETSBUDGETSBUDGETS 17,825,249 17,825,249 17,825,249 17,825,249 5,858,470 5,858,470 5,858,470 5,858,470 23,683,719 23,683,719 23,683,719 23,683,719 24,295,050 24,295,050 24,295,050 24,295,050
EDUCATIONEDUCATIONEDUCATIONEDUCATION
Community SchoolCommunity SchoolCommunity SchoolCommunity School 235,000 235,000 235,000 235,000 ---- 235,000 235,000 235,000 235,000 235,000 235,000 235,000 235,000
School DepartmentSchool DepartmentSchool DepartmentSchool Department 17,164,000 17,164,000 17,164,000 17,164,000 4,000,000 4,000,000 4,000,000 4,000,000 21,164,000 21,164,000 21,164,000 21,164,000 21,619,000 21,619,000 21,619,000 21,619,000
SubtotalSubtotalSubtotalSubtotal 17,399,000 17,399,000 17,399,000 17,399,000 4,000,000 4,000,000 4,000,000 4,000,000 21,399,000 21,399,000 21,399,000 21,399,000 21,854,000 21,854,000 21,854,000 21,854,000
GRAND TOTAL OF GEN GOV'T GRAND TOTAL OF GEN GOV'T GRAND TOTAL OF GEN GOV'T GRAND TOTAL OF GEN GOV'T 35,224,249 35,224,249 35,224,249 35,224,249 9,858,470 9,858,470 9,858,470 9,858,470 45,082,719 45,082,719 45,082,719 45,082,719 46,149,050 46,149,050 46,149,050 46,149,050
Page 10
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
OPER BUDGETSOPER BUDGETSOPER BUDGETSOPER BUDGETS
DEBT SERVICEDEBT SERVICEDEBT SERVICEDEBT SERVICE
PrincipalPrincipalPrincipalPrincipal ---- 6,096,000 6,096,000 6,096,000 6,096,000 6,096,000 6,096,000 6,096,000 6,096,000 6,401,600 6,401,600 6,401,600 6,401,600
InterestInterestInterestInterest ---- 2,954,000 2,954,000 2,954,000 2,954,000 2,954,000 2,954,000 2,954,000 2,954,000 2,849,300 2,849,300 2,849,300 2,849,300
SubtotalSubtotalSubtotalSubtotal ---- 9,050,000 9,050,000 9,050,000 9,050,000 9,050,000 9,050,000 9,050,000 9,050,000 9,250,900 9,250,900 9,250,900 9,250,900
INSURANCESINSURANCESINSURANCESINSURANCES
Auto CasualtyAuto CasualtyAuto CasualtyAuto Casualty ---- 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 195,500 195,500 195,500 195,500
Blanket LiabilityBlanket LiabilityBlanket LiabilityBlanket Liability ---- 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 725,000 725,000 725,000 725,000
Claims DeductibleClaims DeductibleClaims DeductibleClaims Deductible ---- 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 20 20 20 20,000 ,000 ,000 ,000
Insurance ConsultingInsurance ConsultingInsurance ConsultingInsurance Consulting ---- 28,000 28,000 28,000 28,000 28,000 28,000 28,000 28,000 30,800 30,800 30,800 30,800
Life InsuranceLife InsuranceLife InsuranceLife Insurance ---- ---- ---- 25,700 25,700 25,700 25,700
Medical InsMedical InsMedical InsMedical Insuranceuranceuranceurance 8,118,000 8,118,000 8,118,000 8,118,000 ---- 8,118,000 8,118,000 8,118,000 8,118,000 8,100,000 8,100,000 8,100,000 8,100,000
UnemploymentUnemploymentUnemploymentUnemployment 240,062 240,062 240,062 240,062 ---- 240,062 240,062 240,062 240,062 98,000 98,000 98,000 98,000
Workers CompensationWorkers CompensationWorkers CompensationWorkers Compensation 200,000 200,000 200,000 200,000 ---- 200,000 200,000 200,000 200,000 212,000 212,000 212,000 212,000
Laborer's Union PensionLaborer's Union PensionLaborer's Union PensionLaborer's Union Pension 44,000 44,000 44,000 44,000 ---- 44,000 44,000 44,000 44,000 48,000 48,000 48,000 48,000
SubtotalSubtotalSubtotalSubtotal 8,602,062 8,602,062 8,602,062 8,602,062 1,208,000 1,208,000 1,208,000 1,208,000 9,810,062 9,810,062 9,810,062 9,810,062 9,455,000 9,455,000 9,455,000 9,455,000
ASSESSMENTSASSESSMENTSASSESSMENTSASSESSMENTS
Barnstable RetirementBarnstable RetirementBarnstable RetirementBarnstable Retirement 3,217,730 3,217,730 3,217,730 3,217,730 ---- 3,217,730 3,217,730 3,217,730 3,217,730 3,642,259 3,642,259 3,642,259 3,642,259
SubtotalSubtotalSubtotalSubtotal 3,217,730 3,217,730 3,217,730 3,217,730 ---- 3,217,730 3,217,730 3,217,730 3,217,730 3,642,259 3,642,259 3,642,259 3,642,259
GRAND TOTAL OF OPERATING GRAND TOTAL OF OPERATING GRAND TOTAL OF OPERATING GRAND TOTAL OF OPERATING
BUDGETBUDGETBUDGETBUDGET
47,044,041
20,116,470
67,160,511 68,497,209 68,497,209 68,497,209 68,497,209
And to meet these apAnd to meet these apAnd to meet these apAnd to meet these appropriations, the sum of Sixtypropriations, the sum of Sixtypropriations, the sum of Sixtypropriations, the sum of Sixty----ssssixixixix Million Million Million Million EightEightEightEight Hundred Four Hundred Four Hundred Four Hundred Four Thousand Thousand Thousand Thousand
FiveFiveFiveFive Hun Hun Hun Hundred Eleven Dollars ($dred Eleven Dollars ($dred Eleven Dollars ($dred Eleven Dollars ($66,804,51166,804,51166,804,51166,804,511) be raised and appropriated from the Fiscal Year ) be raised and appropriated from the Fiscal Year ) be raised and appropriated from the Fiscal Year ) be raised and appropriated from the Fiscal Year
2010 tax levy and other general revenues of the Town; and, 2010 tax levy and other general revenues of the Town; and, 2010 tax levy and other general revenues of the Town; and, 2010 tax levy and other general revenues of the Town; and, that One Hundred Fifty Thousand that One Hundred Fifty Thousand that One Hundred Fifty Thousand that One Hundred Fifty Thousand
Dollars ($150,000)Dollars ($150,000)Dollars ($150,000)Dollars ($150,000) be appropriated from the current proceeds of the Ferry Embarkatibe appropriated from the current proceeds of the Ferry Embarkatibe appropriated from the current proceeds of the Ferry Embarkatibe appropriated from the current proceeds of the Ferry Embarkation fee for on fee for on fee for on fee for
expenses associated with the Police Department; and, that Two Hundred Six Thousand expenses associated with the Police Department; and, that Two Hundred Six Thousand expenses associated with the Police Department; and, that Two Hundred Six Thousand expenses associated with the Police Department; and, that Two Hundred Six Thousand
Dollars ($206,000) be appropriated from the Ambulance Reserve Fund for expenses Dollars ($206,000) be appropriated from the Ambulance Reserve Fund for expenses Dollars ($206,000) be appropriated from the Ambulance Reserve Fund for expenses Dollars ($206,000) be appropriated from the Ambulance Reserve Fund for expenses
associated with the operation of the Fire Department’s emergency medical services.associated with the operation of the Fire Department’s emergency medical services.associated with the operation of the Fire Department’s emergency medical services.associated with the operation of the Fire Department’s emergency medical services.
The budget unanimously recommended by the Nantucket School Committee for the School The budget unanimously recommended by the Nantucket School Committee for the School The budget unanimously recommended by the Nantucket School Committee for the School The budget unanimously recommended by the Nantucket School Committee for the School
Department, including the NantDepartment, including the NantDepartment, including the NantDepartment, including the Nantucket Community School, for ucket Community School, for ucket Community School, for ucket Community School, for Fiscal Year 2010 Fiscal Year 2010 Fiscal Year 2010 Fiscal Year 2010 is Twentyis Twentyis Twentyis Twenty----oooonnnne e e e
Million Three Hundred NinetyMillion Three Hundred NinetyMillion Three Hundred NinetyMillion Three Hundred Ninety----nnnnine Thousand Dollars ($21,399,000).ine Thousand Dollars ($21,399,000).ine Thousand Dollars ($21,399,000).ine Thousand Dollars ($21,399,000).
BOARD OF SELECBOARD OF SELECBOARD OF SELECBOARD OF SELECTMEN COMMENT:TMEN COMMENT:TMEN COMMENT:TMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
Page 11
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 9ARTICLE 9ARTICLE 9ARTICLE 9
(Appropriation: Health and Human Services)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant
to any applicable statute, or transfer from available funds, for the Council for Human Services
to be used by the Council to contract with various health and human services, not-for-profit
corporations to provide for the health, safety and welfare of the inhabitants of the Town of
Nantucket; further, that all such sums be expended on the condition that contracts be executed
by and between the Board of Selectmen and the respective private, not-for-profit agency for
Fiscal Year 2010, which contracts shall stipulate mutually agreed upon terms and conditions.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that Two Hundred NinetyTwo Hundred NinetyTwo Hundred NinetyTwo Hundred Ninety----seven Thousand Nine seven Thousand Nine seven Thousand Nine seven Thousand Nine
Hundred Dollars ($297,900)Hundred Dollars ($297,900)Hundred Dollars ($297,900)Hundred Dollars ($297,900) be raised and appropriated from the Fiscal Year 20 be raised and appropriated from the Fiscal Year 20 be raised and appropriated from the Fiscal Year 20 be raised and appropriated from the Fiscal Year 2010101010 tax levy and tax levy and tax levy and tax levy and
other general revenues of theother general revenues of theother general revenues of theother general revenues of the Town Town Town Town for the Town Manager to expend for the Town Manager to expend for the Town Manager to expend for the Town Manager to expend to fund contracts for the to fund contracts for the to fund contracts for the to fund contracts for the
following health and human services, private notfollowing health and human services, private notfollowing health and human services, private notfollowing health and human services, private not----forforforfor----profit agencies to provide for the health, profit agencies to provide for the health, profit agencies to provide for the health, profit agencies to provide for the health,
safety and welfare of the inhabitants of the Town of Nantucket, provided that the Town safety and welfare of the inhabitants of the Town of Nantucket, provided that the Town safety and welfare of the inhabitants of the Town of Nantucket, provided that the Town safety and welfare of the inhabitants of the Town of Nantucket, provided that the Town
ManagerManagerManagerManager wi wi wi with the approval of the Board of Selectmen, execute contracts with the respective th the approval of the Board of Selectmen, execute contracts with the respective th the approval of the Board of Selectmen, execute contracts with the respective th the approval of the Board of Selectmen, execute contracts with the respective
agencies for Fiscal Year 20agencies for Fiscal Year 20agencies for Fiscal Year 20agencies for Fiscal Year 2010101010, which contracts shall stipulate mutually agreed upon terms and , which contracts shall stipulate mutually agreed upon terms and , which contracts shall stipulate mutually agreed upon terms and , which contracts shall stipulate mutually agreed upon terms and
conditions:conditions:conditions:conditions:
AGENCYAGENCYAGENCYAGENCY AMOUNTAMOUNTAMOUNTAMOUNT
Alliance for SubAlliance for SubAlliance for SubAlliance for Substance Abuse Prevention (ASAP)stance Abuse Prevention (ASAP)stance Abuse Prevention (ASAP)stance Abuse Prevention (ASAP) $ 30,000$ 30,000$ 30,000$ 30,000
A Safe PlaceA Safe PlaceA Safe PlaceA Safe Place $ 50,000$ 50,000$ 50,000$ 50,000
Martha’s Vineyard Community ServicesMartha’s Vineyard Community ServicesMartha’s Vineyard Community ServicesMartha’s Vineyard Community Services $ 15,000$ 15,000$ 15,000$ 15,000
Elder Services of Cape Cod & IslandsElder Services of Cape Cod & IslandsElder Services of Cape Cod & IslandsElder Services of Cape Cod & Islands $ 8,000$ 8,000$ 8,000$ 8,000
Interfaith Council Food PantryInterfaith Council Food PantryInterfaith Council Food PantryInterfaith Council Food Pantry $ 20,000$ 20,000$ 20,000$ 20,000
Interfaith Council Rental AssistanceInterfaith Council Rental AssistanceInterfaith Council Rental AssistanceInterfaith Council Rental Assistance $ 10,000$ 10,000$ 10,000$ 10,000
SouSouSouSouth Coastal Counties Legal Servicesth Coastal Counties Legal Servicesth Coastal Counties Legal Servicesth Coastal Counties Legal Services $ 3,800$ 3,800$ 3,800$ 3,800
Family & Childrens Services dba Nantucket Behavioral Health ServicesFamily & Childrens Services dba Nantucket Behavioral Health ServicesFamily & Childrens Services dba Nantucket Behavioral Health ServicesFamily & Childrens Services dba Nantucket Behavioral Health Services $122,100$122,100$122,100$122,100
Nantucket Cottage Hospital / Social ServicesNantucket Cottage Hospital / Social ServicesNantucket Cottage Hospital / Social ServicesNantucket Cottage Hospital / Social Services $ 32,500$ 32,500$ 32,500$ 32,500
Nantucket Family PlanningNantucket Family PlanningNantucket Family PlanningNantucket Family Planning $ 6,500$ 6,500$ 6,500$ 6,500
TOTALTOTALTOTALTOTAL $297,900$297,900$297,900$297,900
BOARD OF SELECTMBOARD OF SELECTMBOARD OF SELECTMBOARD OF SELECTMEN COMMENT:EN COMMENT:EN COMMENT:EN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 10ARTICLE 10ARTICLE 10ARTICLE 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 2010 for the offices, departments, boards and commissions of the
Town of Nantucket.
(Board of Selectmen)
Page 12
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved that the following amounts bFINANCE COMMITTEE MOTION: Moved that the following amounts bFINANCE COMMITTEE MOTION: Moved that the following amounts bFINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated for e appropriated for e appropriated for e appropriated for
capital outlay expenditures for general fund departments for Fiscal Year 2010; capital outlay expenditures for general fund departments for Fiscal Year 2010; capital outlay expenditures for general fund departments for Fiscal Year 2010; capital outlay expenditures for general fund departments for Fiscal Year 2010; all such all such all such all such nonnonnonnon----
School School School School expenditures to be made by the Town Manager with the approval of the Board of expenditures to be made by the Town Manager with the approval of the Board of expenditures to be made by the Town Manager with the approval of the Board of expenditures to be made by the Town Manager with the approval of the Board of
SelectmenSelectmenSelectmenSelectmen, the School expenditures to be made by the School , the School expenditures to be made by the School , the School expenditures to be made by the School , the School expenditures to be made by the School Superintendent with the Superintendent with the Superintendent with the Superintendent with the
approval of the School Committeeapproval of the School Committeeapproval of the School Committeeapproval of the School Committee;;;; and further the Town Manager with the approval of the and further the Town Manager with the approval of the and further the Town Manager with the approval of the and further the Town Manager with the approval of the
Board of Selectmen is authorized to sell, convey, tradeBoard of Selectmen is authorized to sell, convey, tradeBoard of Selectmen is authorized to sell, convey, tradeBoard of Selectmen is authorized to sell, convey, trade----in or otherwise dispose of equipment in or otherwise dispose of equipment in or otherwise dispose of equipment in or otherwise dispose of equipment
being replaced, as follows:being replaced, as follows:being replaced, as follows:being replaced, as follows:
DEPARTMENTDEPARTMENTDEPARTMENTDEPARTMENT ITEMITEMITEMITEM AMOUNTAMOUNTAMOUNTAMOUNT
Our Island HomeOur Island HomeOur Island HomeOur Island Home IIIInstallation of new nurse call systemnstallation of new nurse call systemnstallation of new nurse call systemnstallation of new nurse call system $70,000 $70,000 $70,000 $70,000
Public BuildingsPublic BuildingsPublic BuildingsPublic Buildings Repair of Fire Station Repair of Fire Station Repair of Fire Station Repair of Fire Station rrrroof locaoof locaoof locaoof located at 131 Pleasant Streetted at 131 Pleasant Streetted at 131 Pleasant Streetted at 131 Pleasant Street $125,000$125,000$125,000$125,000
Public BuildingsPublic BuildingsPublic BuildingsPublic Buildings Repair of DPW Repair of DPW Repair of DPW Repair of DPW garage rgarage rgarage rgarage roof located at 188 Madaket Roadoof located at 188 Madaket Roadoof located at 188 Madaket Roadoof located at 188 Madaket Road $127,000$127,000$127,000$127,000
Public WorksPublic WorksPublic WorksPublic Works
RRRRoad repairs and improvementoad repairs and improvementoad repairs and improvementoad repairs and improvement, including professional services for , including professional services for , including professional services for , including professional services for
designdesigndesigndesign, , , , permitting and construction,permitting and construction,permitting and construction,permitting and construction, at the intersection o at the intersection o at the intersection o at the intersection of Orange f Orange f Orange f Orange
Street and Union StreetStreet and Union StreetStreet and Union StreetStreet and Union Street $95,000$95,000$95,000$95,000
Public WorksPublic WorksPublic WorksPublic Works Replacement of one (1) Replacement of one (1) Replacement of one (1) Replacement of one (1) ppppacker acker acker acker ttttruckruckruckruck $125,000$125,000$125,000$125,000
SchoolSchoolSchoolSchool NES building improvementsNES building improvementsNES building improvementsNES building improvements $860,000$860,000$860,000$860,000
SchoolSchoolSchoolSchool CPS building improvementsCPS building improvementsCPS building improvementsCPS building improvements $675,000$675,000$675,000$675,000
SchoolSchoolSchoolSchool
Replacement of 20,000 gallon fuel tankReplacement of 20,000 gallon fuel tankReplacement of 20,000 gallon fuel tankReplacement of 20,000 gallon fuel tank and associated disposal and associated disposal and associated disposal and associated disposal
costscostscostscosts $425,000$425,000$425,000$425,000
Town AdministrationTown AdministrationTown AdministrationTown Administration
Professional services for Professional services for Professional services for Professional services for the designthe designthe designthe design, permitting , permitting , permitting , permitting and construction of and construction of and construction of and construction of
bicycle path bicycle path bicycle path bicycle path extension extension extension extension on Cliff Road on Cliff Road on Cliff Road on Cliff Road $$$$30,00030,00030,00030,000
Town AdministrationTown AdministrationTown AdministrationTown Administration
PPPProfessional services for design, construction, repairs and rofessional services for design, construction, repairs and rofessional services for design, construction, repairs and rofessional services for design, construction, repairs and
improvements to bicycleimprovements to bicycleimprovements to bicycleimprovements to bicycle paths island paths island paths island paths island----widewidewidewide $$$$59,05759,05759,05759,057
Town AdministrationTown AdministrationTown AdministrationTown Administration
Purchase of replacement computers and other information Purchase of replacement computers and other information Purchase of replacement computers and other information Purchase of replacement computers and other information
systems equipmentsystems equipmentsystems equipmentsystems equipment $$$$49,99849,99849,99849,998
TOTALTOTALTOTALTOTAL $$$$2,641,052,641,052,641,052,641,055555
And to meet the appropriation for the above itemsAnd to meet the appropriation for the above itemsAnd to meet the appropriation for the above itemsAnd to meet the appropriation for the above items that that that that Two Million Five Hundred Two Million Five Hundred Two Million Five Hundred Two Million Five Hundred TwelveTwelveTwelveTwelve
Thousand Thousand Thousand Thousand Eight HunEight HunEight HunEight Hundred Seventydred Seventydred Seventydred Seventy----three three three three Dollars ($2,5Dollars ($2,5Dollars ($2,5Dollars ($2,512121212,,,,873873873873) ) ) ) be be be be transferred transferred transferred transferred from from from from Free Cash Free Cash Free Cash Free Cash in in in in
the Treasury of the Townthe Treasury of the Townthe Treasury of the Townthe Treasury of the Town; that Nineteen Thousand One Hundred Twenty; that Nineteen Thousand One Hundred Twenty; that Nineteen Thousand One Hundred Twenty; that Nineteen Thousand One Hundred Twenty----seven Dollars seven Dollars seven Dollars seven Dollars
($19,127) be ($19,127) be ($19,127) be ($19,127) be transferredtransferredtransferredtransferred from the fo from the fo from the fo from the following prior year Articles, the purposes of which have llowing prior year Articles, the purposes of which have llowing prior year Articles, the purposes of which have llowing prior year Articles, the purposes of which have
been completed, for the Cliff Road bicycle path extension item:been completed, for the Cliff Road bicycle path extension item:been completed, for the Cliff Road bicycle path extension item:been completed, for the Cliff Road bicycle path extension item:
a.a.a.a. Six Six Six Six Thousand Seven Hundred SeventyThousand Seven Hundred SeventyThousand Seven Hundred SeventyThousand Seven Hundred Seventy----eight Deight Deight Deight Dollars ($6,778) ollars ($6,778) ollars ($6,778) ollars ($6,778) from from from from Article 10 of Article 10 of Article 10 of Article 10 of
the 1999 Annual Town Meeting the 1999 Annual Town Meeting the 1999 Annual Town Meeting the 1999 Annual Town Meeting (Bicycle Path Projects);(Bicycle Path Projects);(Bicycle Path Projects);(Bicycle Path Projects);
b.b.b.b. Seven Hundred ThirtySeven Hundred ThirtySeven Hundred ThirtySeven Hundred Thirty----three Dthree Dthree Dthree Dollars ($733) from Article 29 of the 2005 Annual ollars ($733) from Article 29 of the 2005 Annual ollars ($733) from Article 29 of the 2005 Annual ollars ($733) from Article 29 of the 2005 Annual
ToToToTown Meeting (Town Manager Study)wn Meeting (Town Manager Study)wn Meeting (Town Manager Study)wn Meeting (Town Manager Study)
c.c.c.c. SevSevSevSeven Thousand Nine Hundred Fiftyen Thousand Nine Hundred Fiftyen Thousand Nine Hundred Fiftyen Thousand Nine Hundred Fifty----seven Dseven Dseven Dseven Dollars ($7,957) from Article 10 of ollars ($7,957) from Article 10 of ollars ($7,957) from Article 10 of ollars ($7,957) from Article 10 of
the 2005 Annual Town Meetithe 2005 Annual Town Meetithe 2005 Annual Town Meetithe 2005 Annual Town Meeting (Purchase of Alarm Consoles)ng (Purchase of Alarm Consoles)ng (Purchase of Alarm Consoles)ng (Purchase of Alarm Consoles);;;;
dddd.... Five Hundred DFive Hundred DFive Hundred DFive Hundred Dollars ($500) from Article 10 of the 2007 Annual Town Meeting ollars ($500) from Article 10 of the 2007 Annual Town Meeting ollars ($500) from Article 10 of the 2007 Annual Town Meeting ollars ($500) from Article 10 of the 2007 Annual Town Meeting
(Replacement of Overhead(Replacement of Overhead(Replacement of Overhead(Replacement of Overhead Doors Siasconset Fire Station) Doors Siasconset Fire Station) Doors Siasconset Fire Station) Doors Siasconset Fire Station);;;;
e.e.e.e. Seven Hundred NinetySeven Hundred NinetySeven Hundred NinetySeven Hundred Ninety----nine Dnine Dnine Dnine Dollars ($799) from Article 10 of the 2007 ollars ($799) from Article 10 of the 2007 ollars ($799) from Article 10 of the 2007 ollars ($799) from Article 10 of the 2007 AnnuaAnnuaAnnuaAnnual l l l
Town Meeting (Replacement of Printer/CopiTown Meeting (Replacement of Printer/CopiTown Meeting (Replacement of Printer/CopiTown Meeting (Replacement of Printer/Copier/er/er/er/Fax machine)Fax machine)Fax machine)Fax machine);;;;
Page 13
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
f.f.f.f. Five Hundred Sixty DFive Hundred Sixty DFive Hundred Sixty DFive Hundred Sixty Dollars ($560) ollars ($560) ollars ($560) ollars ($560) from from from from Article 10 of the 2007 Annual Town Article 10 of the 2007 Annual Town Article 10 of the 2007 Annual Town Article 10 of the 2007 Annual Town
MeetMeetMeetMeeting (Replacement of 2 Vehicles)ing (Replacement of 2 Vehicles)ing (Replacement of 2 Vehicles)ing (Replacement of 2 Vehicles);;;;
g.g.g.g. Two HundrTwo HundrTwo HundrTwo Hundred Twenty Ded Twenty Ded Twenty Ded Twenty Dollars ollars ollars ollars ($220) ($220) ($220) ($220) from Article 10 of the 2006 Annual Town from Article 10 of the 2006 Annual Town from Article 10 of the 2006 Annual Town from Article 10 of the 2006 Annual Town
Meeting (Meeting (Meeting (Meeting (Purchase Dump Truck/Purchase Dump Truck/Purchase Dump Truck/Purchase Dump Truck/PlowPlowPlowPlow))));;;;
h.h.h.h. One HOne HOne HOne Hundred Fortyundred Fortyundred Fortyundred Forty----one Done Done Done Dollars ($141) ollars ($141) ollars ($141) ollars ($141) from Article 10 of the 2006 Annual Town from Article 10 of the 2006 Annual Town from Article 10 of the 2006 Annual Town from Article 10 of the 2006 Annual Town
Meeting (Replacement of 3 Trucks)Meeting (Replacement of 3 Trucks)Meeting (Replacement of 3 Trucks)Meeting (Replacement of 3 Trucks);;;;
i.i.i.i. One Hundred NinetyOne Hundred NinetyOne Hundred NinetyOne Hundred Ninety----eeeeight ight ight ight DDDDollars ($198) from Article 10 of the 2006 Annual ollars ($198) from Article 10 of the 2006 Annual ollars ($198) from Article 10 of the 2006 Annual ollars ($198) from Article 10 of the 2006 Annual
Town Meeting (Purchase Mowing Equipment)Town Meeting (Purchase Mowing Equipment)Town Meeting (Purchase Mowing Equipment)Town Meeting (Purchase Mowing Equipment);;;;
j.j.j.j. Eleven Eleven Eleven Eleven DDDDollars ($11) froollars ($11) froollars ($11) froollars ($11) from Article 10 of the 2006 Annual Town Meeting (Purchase m Article 10 of the 2006 Annual Town Meeting (Purchase m Article 10 of the 2006 Annual Town Meeting (Purchase m Article 10 of the 2006 Annual Town Meeting (Purchase
Generator)Generator)Generator)Generator);;;;
k.k.k.k. Two Hundred Eighty Two Hundred Eighty Two Hundred Eighty Two Hundred Eighty DDDDollars ($280) from Article 10 of the 2007 Annual Town ollars ($280) from Article 10 of the 2007 Annual Town ollars ($280) from Article 10 of the 2007 Annual Town ollars ($280) from Article 10 of the 2007 Annual Town
Meeting (Replacement Vehicle Purchase)Meeting (Replacement Vehicle Purchase)Meeting (Replacement Vehicle Purchase)Meeting (Replacement Vehicle Purchase);;;;
l.l.l.l. One Hundred TwentyOne Hundred TwentyOne Hundred TwentyOne Hundred Twenty----sssseven even even even DDDDollars ($127) from Article 10 of the 2007ollars ($127) from Article 10 of the 2007ollars ($127) from Article 10 of the 2007ollars ($127) from Article 10 of the 2007 Annual Annual Annual Annual
Town Meeting (Purchase of Beach Mat)Town Meeting (Purchase of Beach Mat)Town Meeting (Purchase of Beach Mat)Town Meeting (Purchase of Beach Mat);;;;
m.m.m.m. Fifty Dollars ($50) from Article 10 of the 2007 Annual Town Meeting (Purchase of Fifty Dollars ($50) from Article 10 of the 2007 Annual Town Meeting (Purchase of Fifty Dollars ($50) from Article 10 of the 2007 Annual Town Meeting (Purchase of Fifty Dollars ($50) from Article 10 of the 2007 Annual Town Meeting (Purchase of
Top Dresser Machine)Top Dresser Machine)Top Dresser Machine)Top Dresser Machine);;;;
n.n.n.n. Seven Hundred SeventySeven Hundred SeventySeven Hundred SeventySeven Hundred Seventy----ffffive ive ive ive DDDDollars ($775) from Article 10 of the 2007 Annual ollars ($775) from Article 10 of the 2007 Annual ollars ($775) from Article 10 of the 2007 Annual ollars ($775) from Article 10 of the 2007 Annual
Town Meeting (PurchaseTown Meeting (PurchaseTown Meeting (PurchaseTown Meeting (Purchase of of of of Trailer)Trailer)Trailer)Trailer);;;;
further, that further, that further, that further, that FiftyFiftyFiftyFifty----nnnnine Thousand Fiftyine Thousand Fiftyine Thousand Fiftyine Thousand Fifty----sssseveneveneveneven Dollars Dollars Dollars Dollars ($($($($55559,057) 9,057) 9,057) 9,057) be appropriated from the be appropriated from the be appropriated from the be appropriated from the
following prior year following prior year following prior year following prior year Articles, the purposes of which have been completed, for the Articles, the purposes of which have been completed, for the Articles, the purposes of which have been completed, for the Articles, the purposes of which have been completed, for the islandislandislandisland----widewidewidewide
bicycle path item:bicycle path item:bicycle path item:bicycle path item:
aaaa.... FiftyFiftyFiftyFifty----ninenineninenine Thousand Fifty Thousand Fifty Thousand Fifty Thousand Fifty----sevensevensevenseven Dol Dol Dol Dollars ($lars ($lars ($lars ($59,05759,05759,05759,057) from Article 10 of the 2005 ) from Article 10 of the 2005 ) from Article 10 of the 2005 ) from Article 10 of the 2005
Annual Town Meeting (Old South Road/Fairgrounds Bike PathAnnual Town Meeting (Old South Road/Fairgrounds Bike PathAnnual Town Meeting (Old South Road/Fairgrounds Bike PathAnnual Town Meeting (Old South Road/Fairgrounds Bike Path););););
further, that Fortyfurther, that Fortyfurther, that Fortyfurther, that Forty----nine Thousand Four Hundred Ninetynine Thousand Four Hundred Ninetynine Thousand Four Hundred Ninetynine Thousand Four Hundred Ninety----eight Dollars ($49,998) be appropriated eight Dollars ($49,998) be appropriated eight Dollars ($49,998) be appropriated eight Dollars ($49,998) be appropriated
from the following prior year Articles, the purposes of whfrom the following prior year Articles, the purposes of whfrom the following prior year Articles, the purposes of whfrom the following prior year Articles, the purposes of which have been completed, for the ich have been completed, for the ich have been completed, for the ich have been completed, for the
replacement of computers and information systems equipment item:replacement of computers and information systems equipment item:replacement of computers and information systems equipment item:replacement of computers and information systems equipment item:
a.a.a.a. One Thousand Three Hundred Fourteen Dollars ($1,314) from Article 10 of the One Thousand Three Hundred Fourteen Dollars ($1,314) from Article 10 of the One Thousand Three Hundred Fourteen Dollars ($1,314) from Article 10 of the One Thousand Three Hundred Fourteen Dollars ($1,314) from Article 10 of the
1996 Annual Town Meeting (Bicycle Paths and Sidewalks1996 Annual Town Meeting (Bicycle Paths and Sidewalks1996 Annual Town Meeting (Bicycle Paths and Sidewalks1996 Annual Town Meeting (Bicycle Paths and Sidewalks););););
b.b.b.b. EigEigEigEight Thousand One Hundred Ninetyht Thousand One Hundred Ninetyht Thousand One Hundred Ninetyht Thousand One Hundred Ninety----nine Dollars ($8,199)nine Dollars ($8,199)nine Dollars ($8,199)nine Dollars ($8,199) from Article 10 of the from Article 10 of the from Article 10 of the from Article 10 of the
2005 Annual Town Meeting (Old South Road/Fairgrounds Bike Path2005 Annual Town Meeting (Old South Road/Fairgrounds Bike Path2005 Annual Town Meeting (Old South Road/Fairgrounds Bike Path2005 Annual Town Meeting (Old South Road/Fairgrounds Bike Path););););
c.c.c.c. Seven Thousand Four Hundred EightySeven Thousand Four Hundred EightySeven Thousand Four Hundred EightySeven Thousand Four Hundred Eighty----nine Dollars ($7,489) from Article 10 of nine Dollars ($7,489) from Article 10 of nine Dollars ($7,489) from Article 10 of nine Dollars ($7,489) from Article 10 of
the 2005 Annual Town Meeting (Vespethe 2005 Annual Town Meeting (Vespethe 2005 Annual Town Meeting (Vespethe 2005 Annual Town Meeting (Vesper Lane Bicycle Pathr Lane Bicycle Pathr Lane Bicycle Pathr Lane Bicycle Path););););
Page 14
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
d.d.d.d. Nineteen Thousand Nine Hundred FortyNineteen Thousand Nine Hundred FortyNineteen Thousand Nine Hundred FortyNineteen Thousand Nine Hundred Forty----nine Dollars ($19,949) from Article 10 of nine Dollars ($19,949) from Article 10 of nine Dollars ($19,949) from Article 10 of nine Dollars ($19,949) from Article 10 of
the 2007 Annual Town Meeting (South Shore Road Bike Path)the 2007 Annual Town Meeting (South Shore Road Bike Path)the 2007 Annual Town Meeting (South Shore Road Bike Path)the 2007 Annual Town Meeting (South Shore Road Bike Path);;;;
e.e.e.e. Eight Thousand Five Hundred SeventyEight Thousand Five Hundred SeventyEight Thousand Five Hundred SeventyEight Thousand Five Hundred Seventy----eight Dollars ($8,578) from Article 10 of eight Dollars ($8,578) from Article 10 of eight Dollars ($8,578) from Article 10 of eight Dollars ($8,578) from Article 10 of
the 1999 Athe 1999 Athe 1999 Athe 1999 Annual Town Meeting (Bike Paths)nnual Town Meeting (Bike Paths)nnual Town Meeting (Bike Paths)nnual Town Meeting (Bike Paths);;;;
f.f.f.f. Four Thousand Four Hundred SixtyFour Thousand Four Hundred SixtyFour Thousand Four Hundred SixtyFour Thousand Four Hundred Sixty----ninenineninenine Dollars ($4,46 Dollars ($4,46 Dollars ($4,46 Dollars ($4,469999) from Article 10 of the ) from Article 10 of the ) from Article 10 of the ) from Article 10 of the
2006 Annual Town Meeting (Roundabout)2006 Annual Town Meeting (Roundabout)2006 Annual Town Meeting (Roundabout)2006 Annual Town Meeting (Roundabout)....
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLEARTICLEARTICLEARTICLE 11111111
(Appropriation: Police Station)
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, to be spent by the Town Manager
with the approval of the Board of Selectmen, for professional services for design, permitting,
architecture, construction supervision and other related professional services, and for the
construction, installation and equipping of a police station at 2 Fairgrounds Road; and, to take
any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that TwelveTwelveTwelveTwelve Million Million Million Million TwoTwoTwoTwo Hundred Thousand Hundred Thousand Hundred Thousand Hundred Thousand Dollars Dollars Dollars Dollars
($($($($11112222,,,,222200,000) 00,000) 00,000) 00,000) be be be be appropriated appropriated appropriated appropriated ffffor professional services for design, permitting, architecture, or professional services for design, permitting, architecture, or professional services for design, permitting, architecture, or professional services for design, permitting, architecture,
construction supervision and other related professional services, and for the construction, construction supervision and other related professional services, and for the construction, construction supervision and other related professional services, and for the construction, construction supervision and other related professional services, and for the construction,
installation and equipping of a installation and equipping of a installation and equipping of a installation and equipping of a police stationpolice stationpolice stationpolice station at 2 Fairgrounds Road at 2 Fairgrounds Road at 2 Fairgrounds Road at 2 Fairgrounds Road,,,, all such expenditures to all such expenditures to all such expenditures to all such expenditures to be be be be
made by the Town made by the Town made by the Town made by the Town ManagerManagerManagerManager with the approval of the Board of Selectmen with the approval of the Board of Selectmen with the approval of the Board of Selectmen with the approval of the Board of Selectmen; that to meet this ; that to meet this ; that to meet this ; that to meet this
appropriation the Treasurer, with the approval of appropriation the Treasurer, with the approval of appropriation the Treasurer, with the approval of appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to the Board of Selectmen, is authorized to the Board of Selectmen, is authorized to the Board of Selectmen, is authorized to
borrow borrow borrow borrow TwelveTwelveTwelveTwelve Million Million Million Million TwoTwoTwoTwo Hundred Thousand Dollars ($1 Hundred Thousand Dollars ($1 Hundred Thousand Dollars ($1 Hundred Thousand Dollars ($12222,,,,222200,000) under G.00,000) under G.00,000) under G.00,000) under G.L. chapter 44 or L. chapter 44 or L. chapter 44 or L. chapter 44 or
any other enabling authority; that the borrowing authorized by this vote shaany other enabling authority; that the borrowing authorized by this vote shaany other enabling authority; that the borrowing authorized by this vote shaany other enabling authority; that the borrowing authorized by this vote shall be reduced by any ll be reduced by any ll be reduced by any ll be reduced by any
federalfederalfederalfederal, , , , state state state state or further county fundingor further county fundingor further county fundingor further county funding received by the Town for this project prior to such received by the Town for this project prior to such received by the Town for this project prior to such received by the Town for this project prior to such
borrowingborrowingborrowingborrowing in addition to the Three Million Three in addition to the Three Million Three in addition to the Three Million Three in addition to the Three Million Three Hundred Thousand Dollars ($3,300,000) Hundred Thousand Dollars ($3,300,000) Hundred Thousand Dollars ($3,300,000) Hundred Thousand Dollars ($3,300,000)
already received from the County for the projectalready received from the County for the projectalready received from the County for the projectalready received from the County for the project; ; ; ; providedprovidedprovidedprovided, , , , howeverhoweverhoweverhowever, that this vote shall not , that this vote shall not , that this vote shall not , that this vote shall not
take effect until the Town votes by ballot on a referendum question to exempt take effect until the Town votes by ballot on a referendum question to exempt take effect until the Town votes by ballot on a referendum question to exempt take effect until the Town votes by ballot on a referendum question to exempt from thefrom thefrom thefrom the
limitations on total taxes imposed limitations on total taxes imposed limitations on total taxes imposed limitations on total taxes imposed by Proposition 2½, soby Proposition 2½, soby Proposition 2½, soby Proposition 2½, so----called, amounts required to pay the called, amounts required to pay the called, amounts required to pay the called, amounts required to pay the
principal of and interest on the borrowing authorized by this vote pursuant to G.G. chapter 59, principal of and interest on the borrowing authorized by this vote pursuant to G.G. chapter 59, principal of and interest on the borrowing authorized by this vote pursuant to G.G. chapter 59, principal of and interest on the borrowing authorized by this vote pursuant to G.G. chapter 59,
s. 21C(k).s. 21C(k).s. 21C(k).s. 21C(k).
FINANCE COMMITTEE COMMENT: The Finance Committee strongly supports adoption of FINANCE COMMITTEE COMMENT: The Finance Committee strongly supports adoption of FINANCE COMMITTEE COMMENT: The Finance Committee strongly supports adoption of FINANCE COMMITTEE COMMENT: The Finance Committee strongly supports adoption of
the Motion and construction of this badly needed facility. The present Police Station does not the Motion and construction of this badly needed facility. The present Police Station does not the Motion and construction of this badly needed facility. The present Police Station does not the Motion and construction of this badly needed facility. The present Police Station does not
meet legal stmeet legal stmeet legal stmeet legal standards, thereby exposing the Town to an ongoing risk of costly litigation and andards, thereby exposing the Town to an ongoing risk of costly litigation and andards, thereby exposing the Town to an ongoing risk of costly litigation and andards, thereby exposing the Town to an ongoing risk of costly litigation and
potential liability. Delay in moving ahead on this much overdue and needed facility ultimately potential liability. Delay in moving ahead on this much overdue and needed facility ultimately potential liability. Delay in moving ahead on this much overdue and needed facility ultimately potential liability. Delay in moving ahead on this much overdue and needed facility ultimately
will result in increased costs to the Town. will result in increased costs to the Town. will result in increased costs to the Town. will result in increased costs to the Town.
The proposed new Police Station iThe proposed new Police Station iThe proposed new Police Station iThe proposed new Police Station is significantly less expensive than the previously proposed s significantly less expensive than the previously proposed s significantly less expensive than the previously proposed s significantly less expensive than the previously proposed
Public Safety Facility, which would have cost $27,000,000. It has been developed with input Public Safety Facility, which would have cost $27,000,000. It has been developed with input Public Safety Facility, which would have cost $27,000,000. It has been developed with input Public Safety Facility, which would have cost $27,000,000. It has been developed with input
Page 15
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
from the Citizens Advisory Committee. The anticipated cost of the new Police Station will be from the Citizens Advisory Committee. The anticipated cost of the new Police Station will be from the Citizens Advisory Committee. The anticipated cost of the new Police Station will be from the Citizens Advisory Committee. The anticipated cost of the new Police Station will be
$15,500,0$15,500,0$15,500,0$15,500,000. $3,300,000 of this cost was accepted from the County at the 2008 Annual town 00. $3,300,000 of this cost was accepted from the County at the 2008 Annual town 00. $3,300,000 of this cost was accepted from the County at the 2008 Annual town 00. $3,300,000 of this cost was accepted from the County at the 2008 Annual town
Meeting, leaving a balance of $12,200,000 to be borrowed, subject to a ballot vote on April 14, Meeting, leaving a balance of $12,200,000 to be borrowed, subject to a ballot vote on April 14, Meeting, leaving a balance of $12,200,000 to be borrowed, subject to a ballot vote on April 14, Meeting, leaving a balance of $12,200,000 to be borrowed, subject to a ballot vote on April 14,
2009. There is a potential for obtaining additional funding for this project 2009. There is a potential for obtaining additional funding for this project 2009. There is a potential for obtaining additional funding for this project 2009. There is a potential for obtaining additional funding for this project from County Deeds from County Deeds from County Deeds from County Deeds
and Excise taxes as well as from State or Federal grants under the national economic stimulus and Excise taxes as well as from State or Federal grants under the national economic stimulus and Excise taxes as well as from State or Federal grants under the national economic stimulus and Excise taxes as well as from State or Federal grants under the national economic stimulus
bills. Any such additional funding would reduce the amount that would need to be borrowed.bills. Any such additional funding would reduce the amount that would need to be borrowed.bills. Any such additional funding would reduce the amount that would need to be borrowed.bills. Any such additional funding would reduce the amount that would need to be borrowed.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen Board of Selectmen Board of Selectmen Board of Selectmen supports the Finance supports the Finance supports the Finance supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 12ARTICLE 12ARTICLE 12ARTICLE 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 2010: Nantucket Memorial Airport,
Wannacomet Water Company, Siasconset Water Company, Sewer Enterprise, and Solid
Waste Enterprise, out of anticipated revenues of the designated funds, for the purposes set
forth above.
(Board of Selectmen for the Various Departments Indicated)
FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2010 FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2010 FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2010 FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2010 operating operating operating operating
budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be
expended through the Siasconset Water Commission; the Wannacomet Water appropriation to expended through the Siasconset Water Commission; the Wannacomet Water appropriation to expended through the Siasconset Water Commission; the Wannacomet Water appropriation to expended through the Siasconset Water Commission; the Wannacomet Water appropriation to
be expended through the Nantucket Water be expended through the Nantucket Water be expended through the Nantucket Water be expended through the Nantucket Water Commission; the Airport apCommission; the Airport apCommission; the Airport apCommission; the Airport appropriation to be propriation to be propriation to be propriation to be
expended through the Nantucket Airport Commission;expended through the Nantucket Airport Commission;expended through the Nantucket Airport Commission;expended through the Nantucket Airport Commission; the remaining appropriations to be spent the remaining appropriations to be spent the remaining appropriations to be spent the remaining appropriations to be spent
through the Board of Selectmen:through the Board of Selectmen:through the Board of Selectmen:through the Board of Selectmen:
FY 20FY 20FY 20FY 2010101010 FY 2010FY 2010FY 2010FY 2010 FY 2010FY 2010FY 2010FY 2010 FY 2009FY 2009FY 2009FY 2009
FUNDFUNDFUNDFUND PAYROLLPAYROLLPAYROLLPAYROLL EXPENSESEXPENSESEXPENSESEXPENSES
TOTAL TOTAL TOTAL TOTAL
BUDGETBUDGETBUDGETBUDGET
TOTAL TOTAL TOTAL TOTAL
BUDGETBUDGETBUDGETBUDGET
AirportAirportAirportAirport $3,984,784$3,984,784$3,984,784$3,984,784 $ 10,25$ 10,25$ 10,25$ 10,250,9060,9060,9060,906 $14,235,690$14,235,690$14,235,690$14,235,690 $14,068,186$14,068,186$14,068,186$14,068,186
Sewer ( includes Sewer ( includes Sewer ( includes Sewer ( includes
Wastewater Treatment; Wastewater Treatment; Wastewater Treatment; Wastewater Treatment;
Collection & Disposal; and Collection & Disposal; and Collection & Disposal; and Collection & Disposal; and
Siasconset plant)Siasconset plant)Siasconset plant)Siasconset plant) $ 920,350$ 920,350$ 920,350$ 920,350 $ 5,265,200$ 5,265,200$ 5,265,200$ 5,265,200 $ 6,185,550$ 6,185,550$ 6,185,550$ 6,185,550 $ 5,790,000$ 5,790,000$ 5,790,000$ 5,790,000
Siasconset WaterSiasconset WaterSiasconset WaterSiasconset Water $ 136,900$ 136,900$ 136,900$ 136,900 $ 841,480$ 841,480$ 841,480$ 841,480 $ 978,380$ 978,380$ 978,380$ 978,380 $ 673,800$ 673,800$ 673,800$ 673,800
Solid WasteSolid WasteSolid WasteSolid Waste $$$$ 72,000 72,000 72,000 72,000 $ $ $ $ 8,031,1178,031,1178,031,1178,031,117 $ $ $ $ 8,103,1178,103,1178,103,1178,103,117 $$$$ 7,988,105 7,988,105 7,988,105 7,988,105
WWWWannacomet Waterannacomet Waterannacomet Waterannacomet Water $1,374,700$1,374,700$1,374,700$1,374,700 $ 2,743,050$ 2,743,050$ 2,743,050$ 2,743,050 $ 4,117,750$ 4,117,750$ 4,117,750$ 4,117,750 $ 4,293,450$ 4,293,450$ 4,293,450$ 4,293,450
TOTALTOTALTOTALTOTAL $6,488,734$6,488,734$6,488,734$6,488,734 $ $ $ $ 26,881,75326,881,75326,881,75326,881,753 $$$$33,950,48733,950,48733,950,48733,950,487 $32,813,541$32,813,541$32,813,541$32,813,541
Further, that the above appropriations be funded as follows:Further, that the above appropriations be funded as follows:Further, that the above appropriations be funded as follows:Further, that the above appropriations be funded as follows:
FUNDFUNDFUNDFUND FUNDING SOFUNDING SOFUNDING SOFUNDING SOURCESURCESURCESURCES AMOUNTSAMOUNTSAMOUNTSAMOUNTS
AirportAirportAirportAirport FY FY FY FY 10101010 Anticipated Revenues Anticipated Revenues Anticipated Revenues Anticipated Revenues $14,235,690$14,235,690$14,235,690$14,235,690
SewerSewerSewerSewer FY 10FY 10FY 10FY 10 Anticipated Revenues Anticipated Revenues Anticipated Revenues Anticipated Revenues $ 6,185,550$ 6,185,550$ 6,185,550$ 6,185,550
Solid WasteSolid WasteSolid WasteSolid Waste FY FY FY FY 10101010 Anticipated Revenues Anticipated Revenues Anticipated Revenues Anticipated Revenues $$$$ 3,3,3,3,497,646497,646497,646497,646
Solid WasteSolid WasteSolid WasteSolid Waste FY FY FY FY 10101010 Tax Levy and Other General Revenue Tax Levy and Other General Revenue Tax Levy and Other General Revenue Tax Levy and Other General Revenuessss $ $ $ $ 4,34,34,34,355,47155,47155,47155,471
Page 16
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Solid WasteSolid WasteSolid WasteSolid Waste Free CashFree CashFree CashFree Cash in in in in the Treasury of the Townthe Treasury of the Townthe Treasury of the Townthe Treasury of the Town $$$$ 222250,00050,00050,00050,000
Siasconset WaterSiasconset WaterSiasconset WaterSiasconset Water FY FY FY FY 10101010 Anticipated Revenues Anticipated Revenues Anticipated Revenues Anticipated Revenues $ $ $ $ 978,380 978,380 978,380 978,380
Wannacomet WaterWannacomet WaterWannacomet WaterWannacomet Water FY FY FY FY 10101010 Anticipated Revenues Anticipated Revenues Anticipated Revenues Anticipated Revenues $$$$ 4,117,7504,117,7504,117,7504,117,750
TOTAL FUNDING SOURCESTOTAL FUNDING SOURCESTOTAL FUNDING SOURCESTOTAL FUNDING SOURCES $33,$33,$33,$33,950,487950,487950,487950,487
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: TheTheTheThe Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 13ARTICLE 13ARTICLE 13ARTICLE 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 2010 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 FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be
appropriated for the Enterprise Fund departments for Fiscal Yeaappropriated for the Enterprise Fund departments for Fiscal Yeaappropriated for the Enterprise Fund departments for Fiscal Yeaappropriated for the Enterprise Fund departments for Fiscal Year 20r 20r 20r 2010101010 with the Airport with the Airport with the Airport with the Airport
appropriations to be expended through the Airport Commission; the Sewer Enterprise appropriations to be expended through the Airport Commission; the Sewer Enterprise appropriations to be expended through the Airport Commission; the Sewer Enterprise appropriations to be expended through the Airport Commission; the Sewer Enterprise and and and and
Solid Waste Enterprise FundSolid Waste Enterprise FundSolid Waste Enterprise FundSolid Waste Enterprise Fund appropriations to be expended by the Town appropriations to be expended by the Town appropriations to be expended by the Town appropriations to be expended by the Town ManagerManagerManagerManager with the with the with the with the
approval of the Board of Selectmenapproval of the Board of Selectmenapproval of the Board of Selectmenapproval of the Board of Selectmen/Board of Public Works//Board of Public Works//Board of Public Works//Board of Public Works/SSSSewer Commissionersewer Commissionersewer Commissionersewer Commissioners; the ; the ; the ; the
Siasconset Water appropriations to be expended through the Siasconset Water appropriations to be expended through the Siasconset Water appropriations to be expended through the Siasconset Water appropriations to be expended through the Siasconset Water CommissionSiasconset Water CommissionSiasconset Water CommissionSiasconset Water Commission; ; ; ;
the Wannacomet Water appropriations to be expended through the Nantucket Water the Wannacomet Water appropriations to be expended through the Nantucket Water the Wannacomet Water appropriations to be expended through the Nantucket Water the Wannacomet Water appropriations to be expended through the Nantucket Water
Commission:Commission:Commission:Commission:
DEPARTMENTDEPARTMENTDEPARTMENTDEPARTMENT ITEMITEMITEMITEM AMOUNTAMOUNTAMOUNTAMOUNT
AirportAirportAirportAirport
Professional serviceProfessional serviceProfessional serviceProfessional services for thes for thes for thes for the design design design design, permitting, permitting, permitting, permitting and construction of the and construction of the and construction of the and construction of the
airport rescue and fire fighting buildingairport rescue and fire fighting buildingairport rescue and fire fighting buildingairport rescue and fire fighting building $5,800,000$5,800,000$5,800,000$5,800,000
AirportAirportAirportAirport
Professional services for Professional services for Professional services for Professional services for the design of parallel taxiway and construction the design of parallel taxiway and construction the design of parallel taxiway and construction the design of parallel taxiway and construction
of Phase I of Runway 33 of Phase I of Runway 33 of Phase I of Runway 33 of Phase I of Runway 33 $2,000,000$2,000,000$2,000,000$2,000,000
AirportAirportAirportAirport Professional servicesProfessional servicesProfessional servicesProfessional services for for for for the raze and removal of the annex buildingthe raze and removal of the annex buildingthe raze and removal of the annex buildingthe raze and removal of the annex building $500,000$500,000$500,000$500,000
AirportAirportAirportAirport
Professional services for the design, permitting and installation ofProfessional services for the design, permitting and installation ofProfessional services for the design, permitting and installation ofProfessional services for the design, permitting and installation of
landscape at the perimeter fencelandscape at the perimeter fencelandscape at the perimeter fencelandscape at the perimeter fence $300,000$300,000$300,000$300,000
AirportAirportAirportAirport Purchase of new airfield vehicles and equipmentPurchase of new airfield vehicles and equipmentPurchase of new airfield vehicles and equipmentPurchase of new airfield vehicles and equipment $250,000$250,000$250,000$250,000
Subtotal Subtotal Subtotal Subtotal Airport Enterprise Airport Enterprise Airport Enterprise Airport Enterprise $8,850,000$8,850,000$8,850,000$8,850,000
Solid WasteSolid WasteSolid WasteSolid Waste
Professional services for design, permitting and construction of Professional services for design, permitting and construction of Professional services for design, permitting and construction of Professional services for design, permitting and construction of landfill landfill landfill landfill
gas recoverygas recoverygas recoverygas recovery system in connection with heating DPW garage buildin system in connection with heating DPW garage buildin system in connection with heating DPW garage buildin system in connection with heating DPW garage buildingggg $50,000$50,000$50,000$50,000
Solid WasteSolid WasteSolid WasteSolid Waste
Professional services for design, permitting and other Professional services for design, permitting and other Professional services for design, permitting and other Professional services for design, permitting and other costscostscostscosts associated associated associated associated
with landfill miningwith landfill miningwith landfill miningwith landfill mining $500,000$500,000$500,000$500,000
Subtotal Solid Waste Enterprise Subtotal Solid Waste Enterprise Subtotal Solid Waste Enterprise Subtotal Solid Waste Enterprise $5$5$5$555550,000 0,000 0,000 0,000
Siasconset Siasconset Siasconset Siasconset
WateWateWateWaterrrr
Professional services for design, permitting and construction for Professional services for design, permitting and construction for Professional services for design, permitting and construction for Professional services for design, permitting and construction for
replacement of the Low Beach Water Main and the repair & replacement replacement of the Low Beach Water Main and the repair & replacement replacement of the Low Beach Water Main and the repair & replacement replacement of the Low Beach Water Main and the repair & replacement
of system valves and piping at various locationsof system valves and piping at various locationsof system valves and piping at various locationsof system valves and piping at various locations $1,400,000$1,400,000$1,400,000$1,400,000
SSSSubtotal ubtotal ubtotal ubtotal Siasconset WaterSiasconset WaterSiasconset WaterSiasconset Water Enterprise Enterprise Enterprise Enterprise $1,400,000$1,400,000$1,400,000$1,400,000
WannacometWannacometWannacometWannacomet Distribution system improvementsDistribution system improvementsDistribution system improvementsDistribution system improvements $1,000,000$1,000,000$1,000,000$1,000,000
WannacometWannacometWannacometWannacomet Replacement of water meter system Replacement of water meter system Replacement of water meter system Replacement of water meter system batteriesbatteriesbatteriesbatteries $800,000$800,000$800,000$800,000
Subtotal Subtotal Subtotal Subtotal Wannacomet WaterWannacomet WaterWannacomet WaterWannacomet Water Enterpr Enterpr Enterpr Enterpriseiseiseise $$$$1,800,0001,800,0001,800,0001,800,000
Page 17
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
TOTALTOTALTOTALTOTAL $$$$12,12,12,12,666600000000,000,000,000,000
And, to meet the appropriations, that the following funding sources And, to meet the appropriations, that the following funding sources And, to meet the appropriations, that the following funding sources And, to meet the appropriations, that the following funding sources to to to to be used:be used:be used:be used:
FUNDING SOURCEFUNDING SOURCEFUNDING SOURCEFUNDING SOURCE AMOUNTAMOUNTAMOUNTAMOUNT
AirportAirportAirportAirport,,,, Borrowing Borrowing Borrowing Borrowing $8,850,000$8,850,000$8,850,000$8,850,000
Solid Waste, BorrowingSolid Waste, BorrowingSolid Waste, BorrowingSolid Waste, Borrowing $50,000$50,000$50,000$50,000
Free Cash in the Treasury of the TownFree Cash in the Treasury of the TownFree Cash in the Treasury of the TownFree Cash in the Treasury of the Town $500,000$500,000$500,000$500,000
SiasSiasSiasSiasconset Water, Borrowingconset Water, Borrowingconset Water, Borrowingconset Water, Borrowing $1,400,000$1,400,000$1,400,000$1,400,000
Wannacomet Water, BorrowingWannacomet Water, BorrowingWannacomet Water, BorrowingWannacomet Water, Borrowing $1,800,000$1,800,000$1,800,000$1,800,000
TOTALTOTALTOTALTOTAL $$$$12,12,12,12,666600,00000,00000,00000,000
Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is
authorized to borrow the sum of authorized to borrow the sum of authorized to borrow the sum of authorized to borrow the sum of Eight Million Eight Hundred Fifty ThousEight Million Eight Hundred Fifty ThousEight Million Eight Hundred Fifty ThousEight Million Eight Hundred Fifty Thousand Dollars and Dollars and Dollars and Dollars
($8,850,000)($8,850,000)($8,850,000)($8,850,000) as as as as a general obligation of the Town with the intent that any and all repayments a general obligation of the Town with the intent that any and all repayments a general obligation of the Town with the intent that any and all repayments a general obligation of the Town with the intent that any and all repayments
and debt service (if applicand debt service (if applicand debt service (if applicand debt service (if applicable) are to come from airport rable) are to come from airport rable) are to come from airport rable) are to come from airport revenuesevenuesevenuesevenues, state grants, and federal , state grants, and federal , state grants, and federal , state grants, and federal
grantsgrantsgrantsgrants;;;; that the Treasurer of the Town is authorized to b that the Treasurer of the Town is authorized to b that the Treasurer of the Town is authorized to b that the Treasurer of the Town is authorized to borrow the sum of Fifty Thousand orrow the sum of Fifty Thousand orrow the sum of Fifty Thousand orrow the sum of Fifty Thousand
Dollars ($50,000), as a general obligation of the Town, with the intent that all repayments are to Dollars ($50,000), as a general obligation of the Town, with the intent that all repayments are to Dollars ($50,000), as a general obligation of the Town, with the intent that all repayments are to Dollars ($50,000), as a general obligation of the Town, with the intent that all repayments are to
come from the solid waste enterprise revenues; come from the solid waste enterprise revenues; come from the solid waste enterprise revenues; come from the solid waste enterprise revenues; that Five Hundred Thousand Dollars that Five Hundred Thousand Dollars that Five Hundred Thousand Dollars that Five Hundred Thousand Dollars
($50($50($50($500,000) be 0,000) be 0,000) be 0,000) be transferredtransferredtransferredtransferred from from from from Free Cash inFree Cash inFree Cash inFree Cash in the Treasury of the Town the Treasury of the Town the Treasury of the Town the Treasury of the Town for the solid waste for the solid waste for the solid waste for the solid waste
landfill mining item; landfill mining item; landfill mining item; landfill mining item; that the Treasurer of the Town is authorized to borrow the sum of One that the Treasurer of the Town is authorized to borrow the sum of One that the Treasurer of the Town is authorized to borrow the sum of One that the Treasurer of the Town is authorized to borrow the sum of One
Million Four Hundred Thousand Dollars ($1,400,000), as a general obligation of the Town, with Million Four Hundred Thousand Dollars ($1,400,000), as a general obligation of the Town, with Million Four Hundred Thousand Dollars ($1,400,000), as a general obligation of the Town, with Million Four Hundred Thousand Dollars ($1,400,000), as a general obligation of the Town, with
the intent that all repathe intent that all repathe intent that all repathe intent that all repayments are to come from Siasconset Water revenues,yments are to come from Siasconset Water revenues,yments are to come from Siasconset Water revenues,yments are to come from Siasconset Water revenues, state grants, and state grants, and state grants, and state grants, and
federal grants; that the Treasurer of the Town is authorized to borrow the sum of One Million federal grants; that the Treasurer of the Town is authorized to borrow the sum of One Million federal grants; that the Treasurer of the Town is authorized to borrow the sum of One Million federal grants; that the Treasurer of the Town is authorized to borrow the sum of One Million
Eight Hundred Thousand Dollars ($1,800,000), as a general obligation of the Town, with the Eight Hundred Thousand Dollars ($1,800,000), as a general obligation of the Town, with the Eight Hundred Thousand Dollars ($1,800,000), as a general obligation of the Town, with the Eight Hundred Thousand Dollars ($1,800,000), as a general obligation of the Town, with the
inininintent that all repayments are to come from the Wannacomet Water revenues.tent that all repayments are to come from the Wannacomet Water revenues.tent that all repayments are to come from the Wannacomet Water revenues.tent that all repayments are to come from the Wannacomet Water revenues.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 14ARTICLE 14ARTICLE 14ARTICLE 14
(Enterprise Funds: Fiscal Year 2009 Budget Transfers)
To see what sums the Town will vote to transfer into various line items of Fiscal Year
2009 Enterprise Fund operating budgets from other line items of said budgets and/or from
Enterprise Surplus Reserve Funds.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the amounFINANCE COMMITTEE MOTION: Moved that the amounFINANCE COMMITTEE MOTION: Moved that the amounFINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred ts listed below be transferred ts listed below be transferred ts listed below be transferred
between the various enterprise fund accounts and funding sources for Fiscal Year 2009 as between the various enterprise fund accounts and funding sources for Fiscal Year 2009 as between the various enterprise fund accounts and funding sources for Fiscal Year 2009 as between the various enterprise fund accounts and funding sources for Fiscal Year 2009 as
follows:follows:follows:follows:
FROMFROMFROMFROM TOTOTOTO AMOUNTAMOUNTAMOUNTAMOUNT
Wannacomet Wannacomet Wannacomet Wannacomet Retained EarningsRetained EarningsRetained EarningsRetained Earnings Wannacomet ExpensesWannacomet ExpensesWannacomet ExpensesWannacomet Expenses $200,000$200,000$200,000$200,000
Wannacomet Retained EarningsWannacomet Retained EarningsWannacomet Retained EarningsWannacomet Retained Earnings Town of Nantucket GeneTown of Nantucket GeneTown of Nantucket GeneTown of Nantucket General Fundral Fundral Fundral Fund $6$6$6$60000,000,000,000,000
Page 18
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLEARTICLEARTICLEARTICLE 15 15 15 15
(Waterways Improvement Fund: Authorization to Establish)
To see if the Town will vote to authorize the establishment of a waterways improvement
fund pursuant to Chapter 40, section 5G of the Massachusetts General Laws.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that a Waterways Improvement and Maintenance Moved that a Waterways Improvement and Maintenance Moved that a Waterways Improvement and Maintenance Moved that a Waterways Improvement and Maintenance
Fund be established pursuant to G.L. c. 40, s. 5G, to receive revenue under subsection (iFund be established pursuant to G.L. c. 40, s. 5G, to receive revenue under subsection (iFund be established pursuant to G.L. c. 40, s. 5G, to receive revenue under subsection (iFund be established pursuant to G.L. c. 40, s. 5G, to receive revenue under subsection (i) of ) of ) of ) of
ssssection 2 of c. 60B and under section 10A of cection 2 of c. 60B and under section 10A of cection 2 of c. 60B and under section 10A of cection 2 of c. 60B and under section 10A of c.... 91 91 91 91 and sums received from the Commonwealth and sums received from the Commonwealth and sums received from the Commonwealth and sums received from the Commonwealth
or the federal government, from which fund the Town may appropriate or the federal government, from which fund the Town may appropriate or the federal government, from which fund the Town may appropriate or the federal government, from which fund the Town may appropriate monies for (1) monies for (1) monies for (1) monies for (1)
maintenance, dredging, cleaning and improvement of harbors, inland waters and greatmaintenance, dredging, cleaning and improvement of harbors, inland waters and greatmaintenance, dredging, cleaning and improvement of harbors, inland waters and greatmaintenance, dredging, cleaning and improvement of harbors, inland waters and great ponds, ponds, ponds, ponds,
(2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings
thereof, and (4) law enforcement and fire prevention.thereof, and (4) law enforcement and fire prevention.thereof, and (4) law enforcement and fire prevention.thereof, and (4) law enforcement and fire prevention.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTARTARTARTICLE 16ICLE 16ICLE 16ICLE 16
(Transfer of Funds from Park & Recreation Budget to Nantucket Public Schools Budget)
To see if the Town will vote to Transfer annually to the Nantucket Public Schools
education budget the amount equal to 70% of the utilities expenses required to maintain the
pool water and air temperature in the Nantucket Community Pool from the General fund. Under
this proposal the amount would have been (+/-) $170,000 in fiscal ’07 (the latest financial
reporting year available) and is exclusive of any other monies transferred to the Community
School/Pool as a salary subsidy appropriation. It is recommended that the Town transfer a
correlating amount from the Nantucket Parks and Recreation budget to offset this expense.
The applied percentage is intended to allocate approximate use of the pool between the
schools and the community and is subject to change once usage percentages are more
carefully calculated. This appropriation will reflect the recreational asset that the pool
represents to the community-at-large.
(Cameron A. Maltby, et al)
FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved not to adopt the Article.not to adopt the Article.not to adopt the Article.not to adopt the Article.
FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: This Article is not in legal form as written.This Article is not in legal form as written.This Article is not in legal form as written.This Article is not in legal form as written.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
Page 19
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLEARTICLEARTICLEARTICLE 17 17 17 17
(Delinquent Tax Demand Charge Increase Authorization)
To see if the Town will vote to increase the delinquent tax demand charge, pursuant to
Massachusetts General Law chapter 60, section 15.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that the delinquent tax demand charge Moved that the delinquent tax demand charge Moved that the delinquent tax demand charge Moved that the delinquent tax demand charge imposed by imposed by imposed by imposed by
the Town of Nantucket the Town of Nantucket the Town of Nantucket the Town of Nantucket be increased to Twenty Dollars ($20)be increased to Twenty Dollars ($20)be increased to Twenty Dollars ($20)be increased to Twenty Dollars ($20) pursuant to G.L. c. 60, s. 15, pursuant to G.L. c. 60, s. 15, pursuant to G.L. c. 60, s. 15, pursuant to G.L. c. 60, s. 15,
effective May 1, 2009.effective May 1, 2009.effective May 1, 2009.effective May 1, 2009.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
AAAARTICLE 18RTICLE 18RTICLE 18RTICLE 18
(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 2010, 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); and, to take any other action related thereto.
(Board of Selectmen/County Commissioners)
FINANCE COMMITTEE MOTION: Moved that One Hundred Thousand Dollars ($100,000) be FINANCE COMMITTEE MOTION: Moved that One Hundred Thousand Dollars ($100,000) be FINANCE COMMITTEE MOTION: Moved that One Hundred Thousand Dollars ($100,000) be FINANCE COMMITTEE MOTION: Moved that One Hundred Thousand Dollars ($100,000) be
raised and appropriated from the Fiscal Year 2010 tax levy and otraised and appropriated from the Fiscal Year 2010 tax levy and otraised and appropriated from the Fiscal Year 2010 tax levy and otraised and appropriated from the Fiscal Year 2010 tax levy and other general revenues of the her general revenues of the her general revenues of the her general revenues of the
Town to fund the Fiscal Year 2010 county assessment.Town to fund the Fiscal Year 2010 county assessment.Town to fund the Fiscal Year 2010 county assessment.Town to fund the Fiscal Year 2010 county assessment.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 19ARTICLE 19ARTICLE 19ARTICLE 19
(Appropriation: Finalizing Fiscal Year 2010 County Budget)
To see if the Town will vote to overturn any denial of approval by the Nantucket County
Review Committee, of any item of the County budget for Fiscal Year 2010 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 FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved to to to to take no action ontake no action ontake no action ontake no action on the Article. the Article. the Article. the Article.
Page 20
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE COMMENT: The Finance Committee, acting as the Nantucket County FINANCE COMMITTEE COMMENT: The Finance Committee, acting as the Nantucket County FINANCE COMMITTEE COMMENT: The Finance Committee, acting as the Nantucket County FINANCE COMMITTEE COMMENT: The Finance Committee, acting as the Nantucket County
Review Committee Review Committee Review Committee Review Committee in accordance with section 2.7 of the Nantucket County Charter, endorsed in accordance with section 2.7 of the Nantucket County Charter, endorsed in accordance with section 2.7 of the Nantucket County Charter, endorsed in accordance with section 2.7 of the Nantucket County Charter, endorsed
the Fiscal Year 2010 budget for Nantucket County as adopted by the Nantucket County the Fiscal Year 2010 budget for Nantucket County as adopted by the Nantucket County the Fiscal Year 2010 budget for Nantucket County as adopted by the Nantucket County the Fiscal Year 2010 budget for Nantucket County as adopted by the Nantucket County
Commissioners on January 28, 2009, at its meeting on Commissioners on January 28, 2009, at its meeting on Commissioners on January 28, 2009, at its meeting on Commissioners on January 28, 2009, at its meeting on February February February February 3333, 2009, 2009, 2009, 2009....
BOARD OF SELECTMEN COMMENTBOARD OF SELECTMEN COMMENTBOARD OF SELECTMEN COMMENTBOARD OF SELECTMEN COMMENT:::: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 20ARTICLE 20ARTICLE 20ARTICLE 20
(Rescind Unused Borrowing Authority)
To see what action the Town will vote to amend, appropriate or reappropriate,
transfer, modify, repeal or rescind unused borrowing authority authorized by previous town
meetings, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved to take no action on the Article.Moved to take no action on the Article.Moved to take no action on the Article.Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: Prior year articles being recommended for FINANCE COMMITTEE COMMENT: Prior year articles being recommended for FINANCE COMMITTEE COMMENT: Prior year articles being recommended for FINANCE COMMITTEE COMMENT: Prior year articles being recommended for
reappropriareappropriareappropriareappropriation are shown in the Finance Committee motion to Article 3 of this Warrant.tion are shown in the Finance Committee motion to Article 3 of this Warrant.tion are shown in the Finance Committee motion to Article 3 of this Warrant.tion are shown in the Finance Committee motion to Article 3 of this Warrant.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 21ARTICLE 21ARTICLE 21ARTICLE 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 chapter 46, s. 129 of the Acts of 2003 as amended, for the
purposes of mitigating the impacts of ferry service on the Town and County of Nantucket,
including but not limited to provision of harbor services, public safety protection, emergency
services, infrastructure improvements within and around Nantucket Harbor, and professional
services pertaining to the potential use or reuse of land, buildings and infrastructure in the
vicinity of Nantucket Harbor, and any other purpose allowed by applicable law, or to take any
other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The proceeds from the feFINANCE COMMITTEE COMMENT: The proceeds from the feFINANCE COMMITTEE COMMENT: The proceeds from the feFINANCE COMMITTEE COMMENT: The proceeds from the ferry embarkation fee are rry embarkation fee are rry embarkation fee are rry embarkation fee are
contained within the motion to Article 8contained within the motion to Article 8contained within the motion to Article 8contained within the motion to Article 8; therefore, this Article is superfluous and no longer ; therefore, this Article is superfluous and no longer ; therefore, this Article is superfluous and no longer ; therefore, this Article is superfluous and no longer
needed.needed.needed.needed.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
Page 21
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE ARTICLE ARTICLE ARTICLE 22222222
(Appropriation: Collective Bargaining Agreement/Police)
To see if the Town will vote to raise and appropriate, transfer from available funds or
borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal
Year 2009 in a collective bargaining contract between the Town of Nantucket (represented by
the Board of Selectmen) and Police Department union employees, Police Officers,
(represented by the Massachusetts Coalition of Police, Nantucket Local Union 330, IUPA, AFL-
CIO) 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
to take any other action related thereto.
(Board of Selectmen)
THE FINANCE COMMITTEE MOTION WILL BE PROVIDETHE FINANCE COMMITTEE MOTION WILL BE PROVIDETHE FINANCE COMMITTEE MOTION WILL BE PROVIDETHE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.D AT TOWN MEETING.D AT TOWN MEETING.D AT TOWN MEETING.
ARTICLE 22ARTICLE 22ARTICLE 22ARTICLE 22AAAA
(Appropriation: Collective Bargaining Agreement/Police)
To see if the Town will vote to raise and appropriate, transfer from available funds or
borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal
Year 2009 in a collective bargaining contract between the Town of Nantucket (represented by
the Board of Selectmen) and Police Department union employees, Police Superior Officers,
(represented by the Massachusetts Coalition of Police, Nantucket Local Union 330A, IUPA,
AFL-CIO) 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
to take any other action related thereto.
(Board of Selectmen)
THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.
ARTICLE ARTICLE ARTICLE ARTICLE 23232323
(Appropriation: Collective Bargaining Agreement/Fire)
To see if the Town will vote to raise and appropriate, transfer from available funds or
borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal
Year 2009 in a collective bargaining contract between the Town of Nantucket (represented by
the Board of Selectmen) and the Fire Department union employees (represented by the
Nantucket Professional Firefighters Local 2509) in accordance with Chapter 150E of the
General Laws of the Commonwealth, and to amend the Town’s classification and
compensation plan accordingly to reflect such contract, or to take any other action related
thereto.
(Board of Selectmen)
THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.
Page 22
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 24ARTICLE 24ARTICLE 24ARTICLE 24
(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 2010 Community Preservation Budget and to appropriate or
reserve for later appropriation monies from the Community Preservation Fund annual revenues
or available funds for the administrative and operating expenses of the Community
Preservation Committee, the undertaking of Community Preservation Projects and all other
necessary and proper expenses for the year.
PurposePurposePurposePurpose AmountAmountAmountAmount
Historic PreservationHistoric PreservationHistoric PreservationHistoric Preservation
Nantucket Fireman’s AssociationNantucket Fireman’s AssociationNantucket Fireman’s AssociationNantucket Fireman’s Association
Hose Cart House Restoration
$28,500
South Church Preservation FundSouth Church Preservation FundSouth Church Preservation FundSouth Church Preservation Fund
Restoration of the Tower and Auditorium exterior Phase 2
$250,000
St Paul’s ChurchSt Paul’s ChurchSt Paul’s ChurchSt Paul’s Church
Restoration of Stained Glass windows
$78,000
Nantucket Historical AssociationNantucket Historical AssociationNantucket Historical AssociationNantucket Historical Association
Preserving oral histories by digitization
$25,000
Dreamland FoundationDreamland FoundationDreamland FoundationDreamland Foundation
Preservation and re-use of building fabric of the historic Dreamland Theater
$500,000
SubSubSubSub----totaltotaltotaltotal $881,500$881,500$881,500$881,500
Community HousingCommunity HousingCommunity HousingCommunity Housing
Housing NantucketHousing NantucketHousing NantucketHousing Nantucket
Construction of two affordable rental units on Old South Road
$250,000
Housing NantucketHousing NantucketHousing NantucketHousing Nantucket
Infrastructure costs for Okorwaw Ave. project
$50,000
Housing NantucketHousing NantucketHousing NantucketHousing Nantucket
Program support – Year Eight
$53,000
Housing NantucketHousing NantucketHousing NantucketHousing Nantucket
Construction of two affordable units on North Carolina Avenue or another
similar site
$250,000
Interfaith CouncilInterfaith CouncilInterfaith CouncilInterfaith Council
Housing and rental assistance program
$75,000
NanNanNanNantucket Planning & Economic Development Commissiontucket Planning & Economic Development Commissiontucket Planning & Economic Development Commissiontucket Planning & Economic Development Commission
Funding for Housing planner – year 2
$87,517
Habitat for Humanity Nantucket Inc.Habitat for Humanity Nantucket Inc.Habitat for Humanity Nantucket Inc.Habitat for Humanity Nantucket Inc.
Habitat for Humanity house Monahansett Road
$150,000
SubSubSubSub----totaltotaltotaltotal $915,517$915,517$915,517$915,517
Open Space Conservation/RecreationOpen Space Conservation/RecreationOpen Space Conservation/RecreationOpen Space Conservation/Recreation
Town of NTown of NTown of NTown of Nantucketantucketantucketantucket
Public Access to Open space acquisition fund for properties located in
Surfside
$100,000
Town of NantucketTown of NantucketTown of NantucketTown of Nantucket
Survey plan in order to acquire Surfside open space
$4,500
Open Space ReservesOpen Space ReservesOpen Space ReservesOpen Space Reserves
Reserve for future years
$118,500
Page 23
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Nantucket Park and RecreNantucket Park and RecreNantucket Park and RecreNantucket Park and Recreation Commissionation Commissionation Commissionation Commission
Provide for parking in the newly acquired Surfside open space
$65,000
Nantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation Commission
To complete the parking area at the Skate Park
$35,000
SubSubSubSub----total total total total $323,000$323,000$323,000$323,000
AdministrativeAdministrativeAdministrativeAdministrative
Community Preservation CommitCommunity Preservation CommitCommunity Preservation CommitCommunity Preservation Committeeteeteetee
Administrative and Operating expenses
$93,211
SubSubSubSub----totaltotaltotaltotal $93,211$93,211$93,211$93,211
TOTALTOTALTOTALTOTAL $2,213,228$2,213,228$2,213,228$2,213,228
And amounts to be appropriated from the following sourcesAnd amounts to be appropriated from the following sourcesAnd amounts to be appropriated from the following sourcesAnd amounts to be appropriated from the following sources
SOURCESSOURCESSOURCESSOURCES AMOUNTAMOUNTAMOUNTAMOUNT
Raised and appropriated from FY 2010 Community Preservation Surcharge $1,681,000
From State matching funds for FY 2009, to be received in 2010 $532,228
Total RevenuesTotal RevenuesTotal RevenuesTotal Revenues $2,213,228$2,213,228$2,213,228$2,213,228
For fiscal year 2010 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 on the recording of appropriate
historic preservation restrictions for historic resources, open space restrictions for open space
resources, recreational restrictions for recreational resources and for affordable housing
restrictions for community housing; running in favor of an entity authorized by the
Commonwealth to hold such restrictions for such expenditures; meeting the requirements of
Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act.
(Kenneth Beaugrand, et al)
FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that the following sums be appropriated or reserved the following sums be appropriated or reserved the following sums be appropriated or reserved the following sums be appropriated or reserved
for later appropriation from the Community Preservation Fund Fiscal Year 20for later appropriation from the Community Preservation Fund Fiscal Year 20for later appropriation from the Community Preservation Fund Fiscal Year 20for later appropriation from the Community Preservation Fund Fiscal Year 2010101010 revenues or revenues or revenues or revenues or
other available funother available funother available funother available funds as indicated herein, for the administrative and operating expenses of the ds as indicated herein, for the administrative and operating expenses of the ds as indicated herein, for the administrative and operating expenses of the ds as indicated herein, for the administrative and operating expenses of the
Community Preservation Committee, the undertaking of community preservation projects and Community Preservation Committee, the undertaking of community preservation projects and Community Preservation Committee, the undertaking of community preservation projects and Community Preservation Committee, the undertaking of community preservation projects and
all other necessary and proper expenses, for Fiscal Year 20all other necessary and proper expenses, for Fiscal Year 20all other necessary and proper expenses, for Fiscal Year 20all other necessary and proper expenses, for Fiscal Year 2010101010 community preservation community preservation community preservation community preservation
purpopurpopurpopurposes as set forth herein, with each item considered a separate appropriation to be spent ses as set forth herein, with each item considered a separate appropriation to be spent ses as set forth herein, with each item considered a separate appropriation to be spent ses as 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:by the Community Preservation Committee with the approval of the Board of Selectmen:by the Community Preservation Committee with the approval of the Board of Selectmen:by the Community Preservation Committee with the approval of the Board of Selectmen:
PurposePurposePurposePurpose AmountAmountAmountAmount
Historic PreservationHistoric PreservationHistoric PreservationHistoric Preservation
Nantucket Fireman’s AssociationNantucket Fireman’s AssociationNantucket Fireman’s AssociationNantucket Fireman’s Association
Hose Cart House Restoration
$28,500
South Church Preservation FundSouth Church Preservation FundSouth Church Preservation FundSouth Church Preservation Fund
Restoration of the Tower and Auditorium exterior Phase 2
$250,000
St Paul’s ChurchSt Paul’s ChurchSt Paul’s ChurchSt Paul’s Church
Restoration of Stained Glass windows
$78,000
Nantucket Historical AssociationNantucket Historical AssociationNantucket Historical AssociationNantucket Historical Association $25,000
Page 24
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Preserving oral histories by digitization
Dreamland FoundationDreamland FoundationDreamland FoundationDreamland Foundation
Preservation and re-use of building fabric of the historic Dreamland Theater
$500,000
SubSubSubSub----totaltotaltotaltotal $881,500$881,500$881,500$881,500
Community HousingCommunity HousingCommunity HousingCommunity Housing
Housing NantucketHousing NantucketHousing NantucketHousing Nantucket
Construction of two affordable rental units on Old South Road
$250,000
Housing NantucketHousing NantucketHousing NantucketHousing Nantucket
Infrastructure costs for Okorwaw Ave. project
$50,000
Housing NantucketHousing NantucketHousing NantucketHousing Nantucket
Program support – Year Eight
$53,000
Housing NantucketHousing NantucketHousing NantucketHousing Nantucket
Construction of two affordable units on North Carolina Avenue or another
similar site
$250,000
Interfaith CInterfaith CInterfaith CInterfaith Councilouncilouncilouncil
Housing and rental assistance program
$75,000
Nantucket Planning & Economic Development CommissionNantucket Planning & Economic Development CommissionNantucket Planning & Economic Development CommissionNantucket Planning & Economic Development Commission
Funding for Housing planner – year 2
$87,517
Habitat for Humanity Nantucket Inc.Habitat for Humanity Nantucket Inc.Habitat for Humanity Nantucket Inc.Habitat for Humanity Nantucket Inc.
Habitat for Humanity house Monahansett Road
$150,000
SubSubSubSub----totaltotaltotaltotal $9$9$9$915,51715,51715,51715,517
Open Space Conservation/RecreationOpen Space Conservation/RecreationOpen Space Conservation/RecreationOpen Space Conservation/Recreation
Town of NantucketTown of NantucketTown of NantucketTown of Nantucket
Public Access to Open space acquisition fund for properties located in
Surfside
$100,000
Town of NantucketTown of NantucketTown of NantucketTown of Nantucket
Survey plan in order to acquire Surfside open space
$4,500
Open Space ReservesOpen Space ReservesOpen Space ReservesOpen Space Reserves
Reserve for future years
$118,500
Nantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation Commission
Provide for parking in the newly acquired Surfside open space
$65,000
Nantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation Commission
To complete the parking area at the Skate Park
$35,000
SubSubSubSub----total total total total $3$3$3$323,00023,00023,00023,000
AdministrativeAdministrativeAdministrativeAdministrative
Community Preservation CommitteeCommunity Preservation CommitteeCommunity Preservation CommitteeCommunity Preservation Committee
Administrative and Operating expenses
$93,211
SubSubSubSub----totaltotaltotaltotal $93,211$93,211$93,211$93,211
TOTALTOTALTOTALTOTAL $2,213,228$2,213,228$2,213,228$2,213,228
And amounts to be appropriated from the following sourcesAnd amounts to be appropriated from the following sourcesAnd amounts to be appropriated from the following sourcesAnd amounts to be appropriated from the following sources
SOURCESSOURCESSOURCESSOURCES AMOUNTAMOUNTAMOUNTAMOUNT
Raised and appropriated from FY 2010 Community Preservation Surcharge $1,681,000
From State matching funds for FY 2009, to be received in 2010 $532,228
Page 25
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Total RevenuesTotal RevenuesTotal RevenuesTotal Revenues $2,213,228$2,213,228$2,213,228$2,213,228
Provided, however, that the above expenditures are conditional upon the recording of Provided, however, that the above expenditures are conditional upon the recording of Provided, however, that the above expenditures are conditional upon the recording of Provided, however, that the above expenditures are conditional upon the recording of
appropriate histoappropriate histoappropriate histoappropriate historic preservation restrictions for historic resources; open space restricric preservation restrictions for historic resources; open space restricric preservation restrictions for historic resources; open space restricric preservation restrictions for historic resources; open space restrictions for tions for tions for tions for
open space resources; open space resources; open space resources; open space resources; recreation restrictions for recreational resourcesrecreation restrictions for recreational resourcesrecreation restrictions for recreational resourcesrecreation restrictions for recreational resources, , , , and for affordable and for affordable and for affordable and for affordable
housing restrictions for community housing; running in favor of an entity authorihousing restrictions for community housing; running in favor of an entity authorihousing restrictions for community housing; running in favor of an entity authorihousing restrictions for community housing; running in favor of an entity authorized by the zed by the zed by the zed by the
Commonwealth to hold such restrictions for such expenditures, meeting the requirements of c. Commonwealth to hold such restrictions for such expenditures, meeting the requirements of c. Commonwealth to hold such restrictions for such expenditures, meeting the requirements of c. Commonwealth to hold such restrictions for such expenditures, meeting the requirements of c.
184 of the General Laws pursuant to s. 12 of the Community Preservation Act.184 of the General Laws pursuant to s. 12 of the Community Preservation Act.184 of the General Laws pursuant to s. 12 of the Community Preservation Act.184 of the General Laws pursuant to s. 12 of the Community Preservation Act.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 25ARTICLE 25ARTICLE 25ARTICLE 25
(Feasibility Study Regarding Solar Energy System for Community Pool)
To see if the Town will vote to Within 90 days of adoption of this article commence a
feasibility study for converting the Nantucket Community Pool to a solar/renewable energy
system so that long term costs of heating the pool and its environs are compatible with
reducing greenhouse gases, are affordable and sustainable. Town grants writers are directed
to seek all available Federal, State and private funding mechanisms to facilitate the
transformation of the pool system to solar/renewable sourced hearing in a timely manner.
(Cameron A. Maltby, et al)
FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Moved not to adopt the Article. Moved not to adopt the Article. Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The Article is infeaFINANCE COMMITTEE COMMENT: The Article is infeaFINANCE COMMITTEE COMMENT: The Article is infeaFINANCE COMMITTEE COMMENT: The Article is infeasible as written. We recommend sible as written. We recommend sible as written. We recommend sible as written. We recommend
referral to the Energy Study Committee.referral to the Energy Study Committee.referral to the Energy Study Committee.referral to the Energy Study Committee.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 26ARTICLE 26ARTICLE 26ARTICLE 26
(Acceptance of 41-81D Master Plan)
To see if the Town will vote to accept the “41-81D Master Plan” dated March 9, 2009
entitled “Nantucket Master Plan” prepared, and adopted and as may be amended hereafter
from time to time by the Planning Board pursuant to Chapter 41, section 81D of the General
Laws of the Commonwealth, as a recommended basis of decision making for the long-term
physical development of the municipality, or to take any other action related thereto.
(Board of Selectmen for Planning Board)
FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Nantucket Master Plan Moved that the Nantucket Master Plan Moved that the Nantucket Master Plan Moved that the Nantucket Master Plan, prepared an, prepared an, prepared an, prepared and d d d
adopted and as may be amended hereafter from time to time by the Nantucket Planning Board adopted and as may be amended hereafter from time to time by the Nantucket Planning Board adopted and as may be amended hereafter from time to time by the Nantucket Planning Board adopted and as may be amended hereafter from time to time by the Nantucket Planning Board
pursuant to G.L. c. 41, s. 81D, be accepted as a recommended basis of decision making for pursuant to G.L. c. 41, s. 81D, be accepted as a recommended basis of decision making for pursuant to G.L. c. 41, s. 81D, be accepted as a recommended basis of decision making for pursuant to G.L. c. 41, s. 81D, be accepted as a recommended basis of decision making for
the longthe longthe longthe long----term physical development of the Town.term physical development of the Town.term physical development of the Town.term physical development of the Town.
Page 26
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance
Committee Motion.Committee Motion.Committee Motion.Committee Motion.
ARTICLE 27ARTICLE 27ARTICLE 27ARTICLE 27
(Zoning Bylaw Amendment: Residential and Commercial Uses)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket as follows:
1. To delete all existing text in section 7 (complete text on file in Town Clerk’s office.)
2. To delete all existing text in section 8 (complete text on file in Town Clerk’s office.)
3. To delete all existing text in section 9 (complete text on file in Town Clerk’s office.)
4. To amend section 2, as follows, with new definitions to be inserted alphabetically:
ACCESSORY APARTMENT – a dwelling unit located within an owner occupied detached
single family dwelling unit and subject to the following requirements:
Unit size. The design, installation and use of an accessory apartment shall be
secondary and incidental to the principal use of the structure as the owner's home. The
gross floor area of the accessory apartment shall not be less than 300 square feet, nor
shall it be more than 800 square feet or 40% of the gross floor area, including the
basement, of the principal structure within which the unit is installed, whichever is the
lesser.
Interior design. The accessory apartment shall be self-contained with separate sleeping,
cooking and sanitary facilities for the exclusive use of the occupant. There shall be a
maximum of two bedrooms in an accessory apartment. Rooms which might be
converted at some future time to a bedroom, such as studies, studios, libraries and the
like, shall be counted as bedrooms.
Exterior design. Modifications to the exterior of an existing principal structure resulting
from the installation of an accessory apartment or the design and construction of new
homes with accessory apartments shall be consistent with the principal structure's
predominant character as a single-family home.
Ownership. The entire structure in which the accessory apartment is installed shall be
held in the same ownership.
Year-round occupancy. As a condition for the issuance and continued validity of an
occupancy permit for an accessory apartment, the owner shall execute and record
against the deed to said property a restriction, running with the land and in favor of the
Town of Nantucket, to the effect that occupancy of the accessory apartment shall be
limited to natural persons domiciled in the Town of Nantucket year round and that the
dwelling may not be offered for nor used for seasonal occupancy; and the owner shall
Page 27
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
file with the Town, prior to issuance of an occupancy permit and within 30 days of any
change in ownership of the premises, an affidavit, signed under the pains and penalties
of perjury by the owner of the principal structure, attesting to the fact that occupancy of
the accessory apartment is and will be limited to natural persons domiciled in the Town
of Nantucket year round and that the dwellings will not be offered for nor used for
seasonal occupancy. The affidavit shall be renewed by the owner of the premises every
three years as a condition for retaining an occupancy permit for the accessory
apartment.
APARTMENT – A dwelling unit located on the second or third floor or in the basement of a
commercial structure. A maximum of 4 apartments are allowed in the following districts:
CDT – 1 dwelling unit is permitted for each 1000 square feet of lot area
CMI – 1 dwelling unit is permitted for each 2000 square feet of lot area
CN - 1 dwelling unit is permitted for each 3000 square feet of lot area
BAKERY – An establishment primarily engaged in the retail sale of baked goods for off-site
consumption.
DWELLING — A building used, or to be used, for habitation, containing sanitation facilities.
DUPLEX – A structure containing two dwelling units. An accessory apartment located within
a dwelling unit shall not constitute a duplex. In the R-1 and LC districts only, both dwelling
units shall be in the same ownership.
GARAGE APARTMENT – a dwelling unit located within a detached residential
or commercial garage. A garage apartment may be either a primary or
secondary dwelling unit.
HOME OCCUPATION — An occupation, trade, profession, or business activity resulting in a
product or service provided for compensation, conducted as an accessory use by one or
more occupants wholly or partly within a dwelling unit or in one or more accessory
structures. [Added 1-8-2001 STM by Art. 5, AG approval 4-10-2001].
Home occupations shall be subject to the following requirements:
The home occupation shall be conducted by occupants of a dwelling upon the lot, and
not more than one additional worker who is not an occupant of a dwelling upon the lot.
There shall be no exterior storage of material or equipment, unless effectively screened
by a wall, fence or densely planted vegetative buffer.
The gross floor area used in connection with the home occupation shall not exceed 800
square feet, not more than 200 square feet of which shall be used for retail sales.
Page 28
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
The home occupation, as projected, shall not generate an average daily traffic
generation during the months of June through September that exceeds 14 vehicle trips
per day.
A use permit shall be obtained from the Building Commissioner for the home
occupation.
There shall be no retail sales except of commodities prepared, crafted or otherwise
produced upon the lot.
Special permit relief. A special permit may be granted by the special permit granting
authority for a home occupation (including multiple home occupations upon the same lot,
collectively) which employs more than one nonresident of the lot, or which conducts retail
sales in a gross floor area exceeding 200 square feet, provided that all of the other
requirements are met and the criteria for the granting of a special permit under § 139-30 are
met, and a home occupation for which a special permit is granted hereunder shall be
subject to the provisions for minor site plan review under § 139-23. [Added 4-15-2003 ATM
by Art. 49, AG approval 8-27-2003]
HOTEL or INN — A building or buildings on a lot (not a dormitory) containing a commercial
kitchen and five or more rental sleeping units without respective kitchens, primarily the
temporary abode of persons who have a permanent residence elsewhere.
INCLUSIONARY UNIT — Any rental dwelling unit required pursuant to § 139-11J whose
rent, excluding utilities, does not exceed 30% of the gross income of an employee occupant
eligible household; or any owner-occupied dwelling unit, the initial sales price of which does
not exceed the following limits: [Amended 11-13-1990 STM by Art. 18, AG approval 3-19-
1991]
Unit Size Limit
Studio $55,000
1-bedroom $65,000
2-bedroom $75,000
3-bedroom $85,000
4-bedroom $95,000
provided, however, that $10,000 may be added to the unit sales price limit
for inclusionary units which are single-family detached homes with two
bedrooms or more.
LODGING, ROOMING OR GUEST HOUSE — A building or buildings on a lot in which
lodgings are let to five or more persons not within the second degree of kindred to a
resident owner or manager, or containing four or more rental sleeping units without
respective kitchens, and not having a commercial kitchen., primarily the temporary abode of
persons who have a permanent residence elsewhere
Page 29
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
MOTEL — A hotel primarily for transients with access to each such unit directly from the
outside.
MARITIME SERVICE STATION – A marine establishment which may include, but not be
limited to, boat fuel sales, boat sales, boat rental, boat construction, boat maintenance,
repair, and incidental painting, and marine equipment sales or rental.
MULTI-FAMILY DWELLING — A building(s), structure(s) or area(s) within a building(s) or
structure(s) that contains three or four dwelling units on a lot subject to conditions set forth
in § 139-8 12. [Added 4-10-2000 ATM by Art. 33, AG approval 8-2-2000; amended 10-10-
2001 STM by Art. 5, AG approval 1-24-2002]
NANTUCKET HOUSING NEEDS COVENANT-OWNERSHIP FORM — Shall mean a
covenant affecting the title to real property, created pursuant to Chapter 100 of the Code of
the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and
ownership of real property not held as a condominium (the "NHNC-Ownership Form").
ORIGINAL LOT — An existing lot, conforming to the dimensional requirements of § 139-8D,
and other applicable requirements hereof, dividable into a primary lot and a secondary lot
pursuant to § 139-8D.
PERSONAL SERVICES – Establishments providing frequent or recurrent needed
specialized non-medically related services, including, but not limited to: beauty and barber
shops, clothing rental, garment repair shops, shoe repair shops, tanning salons,
photographic studios, psychic readers, tattoo or body piercing studio, or upholster shop.
These uses may also include accessory retail sales of products related to the services
provided. No personal service establishment shall exceed 3,000 square feet of floor area,
and the aggregation of such service establishments on a lot (or on contiguous lots in one
ownership) shall not exceed 4,000 square feet of floor area.
PRIMARY DWELLING – A detached single family dwelling unit or the portion of a structure
that contains a single dwelling unit.
PRIMARY LOT — The larger of the lots created by the division of the original lot pursuant to
§ 139-8D.
RECREATIONAL FACILITY – Golf courses, tennis, paddle, and racquet courts, bowling
alleys, fitness centers, or the like, including any uses ancillary to the recreational facility. In
the R-10 district only, the recreational facility may include accessory uses such as a
restaurant, catering facility, snack bar, or pro shop that operate independently from the
recreational facility.
SECONDARY DWELLING – A detached single family dwelling unit or garage apartment
located on the same lot as a primary dwelling unit. The ground cover of the secondary
dwelling shall be a minimum of 20% less or more than the primary dwelling with a scalar
separation between the two of at least 12 feet. A secondary dwelling may only be attached
to the primary dwelling by a breezeway as defined in § 139-2. Both units shall be in the
Page 30
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
same ownership unless one of the two units is subject to the NHNC. The ownership of a lot
by a condominium cooperative housing corporation, land trust, or other common interest
ownership entity in which there is separate beneficial ownership of the principal and
secondary dwellings on the lot shall not be deemed to constitute "the same legal and
beneficial ownership".
The Planning Board shall make a determination regarding the adequacy of access to the lot
and structures prior to the issuance of a Building Permit. Planning Board approvals
granted after April 8,1996 shall be valid for a period of two years from the date of plan
endorsement.
“The principal purpose is to create housing opportunities through the provision of affordable
rental housing for year round residents, including senior citizens, while affording the owner
of the primary residence with the opportunity to generate supplemental income. The intent
of this section is also that one of the two dwellings be designed and constructed at such
scale and bulk so as to be clearly subordinate in both use and appearance”
SECONDARY LOT — The smaller of the lots created by the division of the original lot
pursuant to § 139-8D. The secondary lot shall be subject to an NHNC-Ownership Form.
TENT – Tents shall not be erected for periods exceeding 30 days per calendar year,
however, tents which in the aggregate exceed 150 square feet shall not be erected for more
than 3 events per year or periods exceeding 9 days per year, whichever is less, on
properties where the principal use is residential unless a special permit from the Board of
Appeals has been issued based on a determination that the use is ancillary to the
residential use of the property and not a commercial use.
TRANSIENT RESIDENTIAL FACILITIES — Hotels, motels, inns; rooming, lodging or guest
houses; and time-sharing or time-interval-ownership dwelling unit(s) or dwelling, dwelling
units or dwellings.
5. To insert in section 7 the following:
A. Use Chart
N = No
Y = Yes
SP = Special Permit issued by Zoning Board of Appeals,
unless the Planning Board is designated as the
special permit granting authority pursuant to
another section of this chapter.
A = Accessory Use as defined in § 139-15
FBED = Formula Business Exclusion District
Page 31
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town
Residential
Districts
Use
R-1
SR-1
ROH
SOH
R-
5
R-10
SR-10
R-20
SR-20
R-
40
Primary dwelling Y Y Y Y Y Y
Secondary dwelling Y Y Y Y Y Y
Accessory dwelling Y Y Y Y Y Y
Apartment N N N N N N
Garage Apartment Y Y Y Y Y Y
Duplex Y R-1
N SR-1 N Y Y R-10
N SR-10 N N
Elder housing facilities SP SP SP SP SP SP
Studio A A A A A A
Home Occupations Y Y Y Y Y Y
Greenhouses for personal use Y Y Y Y Y Y
Keeping of pets and farm animals for
personal use Y Y Y Y Y Y
Retail sales N N N N N N
Convenience store N N N N N N
Alcohol sales N N N N N N
Bakery N N N N N N
Open air market N N N N N N
Pharmacy N N N N N N
Supermarket N N N N N N
Restaurants
Small (up to 70 seats) N N N N N N
Large (71-200 seats) N N N N N N
Take out food establishment N N N N N N
Drive-through take-out food N N N N N N
Tavern/Bar N N N N N N
Formula businesses
Retail N N N N N N
Restaurant
Small (up to 70 seats) N N N N N N
Large (71-200 seats) N N N N N N
Take out food establishment N N N N N N
Tavern/Bar N N N N N N
Offices N N N N N N
Theatres, auditoriums, or other places of
public assembly N N N N N N
Personal Services SP SP SP SP SP SP
Print shop N N N N N N
Laundromat or dry-cleaning establishment N N N N N N
Bank N N N N N N
Automated teller machine N N N N N N
Arcade N N N N N N Residential Business Commercial
Page 32
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town
Residential
Districts
Use
R-1
SR-1
ROH
SOH
R-
5
R-10
SR-10
R-20
SR-20
R-
40
Art gallery N N N N N N
Museum N N N N N N
Catering N N N N N N
Crematorium N N N N N N
Funeral home SP SP SP SP N N
Health spa N N N N N N
Medical clinic N N N N N N
Hospital N N N N N N
Transient residential facilities
Hotel or inn N N N N N N
Rooming, lodging, or guest house N N N N N N
Time-sharing/Interval dwelling units N N N N N N
Contractor shop N N N N N N
Landscape contractor N N N N N N
Light manufacturing N N N N N N
Food processing N N N N N N
Interior or exterior storage or warehousing N N N N N N
Motor vehicle sales N N N N N N
Motor vehicle rental N N N N N N
Motor vehicle repair or painting N N N N N N
Motor vehicle service station N N N N N N
Motor vehicle parking lots or structures N N N N N N
Car wash N N N N N N
Taxi cab business N N N N N N
Bicycle rental or sale N N N N N N
Maritime service station N N N N N N
Yacht/Sailing clubs and marinas N N N N N N
Adult uses N N N N N N
Asphalt/Batching plant N N N N N N
Licensed junkyard N N N N N N
Transfer station N N N N N N
Petroleum product storage or distribution
facility (i.e. tank farm) N N N N N N
Utility production/distribution
(does not include WECS) N N N N N N
Mining N N N N N N
Truck/bus terminal N N N N N N
Boat related storage N N N N N N
Preservation of a lot in its natural condition Y Y Y Y Y Y
Orchards or nurseries Y Y Y Y Y Y
Farms Y Y Y Y Y Y
Truck gardens Y Y Y Y Y Y
Care and propagation of fish and shellfish Y Y Y Y Y Y
All agricultural uses allowed by
Ch. 590 of the Acts of 1989,
effective 3-8-1990
Y Y Y Y Y Y
Cemeteries Y Y Y Y Y Y
Municipal Uses (Any) Y Y Y Y Y Y
Tents Y Y Y Y Y Y Commercial Industrial Industrial Other
Page 33
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town
Residential
Districts
Use
R-1
SR-1
ROH
SOH
R-
5
R-10
SR-10
R-20
SR-20
R-
40
Day-care center (add definition in 139-2) Y Y Y Y Y Y
Kennel SP SP SP SP SP SP
Public stable SP SP SP SP SP SP
Employer dormitory SP SP SP SP SP SP
Recreational facilities SP SP SP SP SP SP
Club N N N SP SP SP
Page 34
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town
Commercial
Districts
Use
CDT CMI CN CTEC CI RC RC-
2 LC
Primary dwelling Y A A A N Y Y Y
Secondary dwelling Y N N N N Y Y Y
Accessory dwelling Y Y Y Y N Y Y Y
Apartment Y Y Y Y N Y Y Y
Garage Apartment Y Y Y Y Y Y Y Y
Duplex Y Y A Y N Y Y Y
Elder housing facilities N SP N N N SP SP SP
Studio Y Y Y Y N Y Y Y
Home Occupations Y Y Y Y Y Y Y Y
Greenhouses for personal use Y Y Y Y Y Y Y Y
Keeping of pets and farm animals for
personal use Y Y Y Y Y Y Y Y
Retail sales Y Y Y A A Y Y Y
Convenience store Y Y Y N N Y Y SP
Alcohol sales Y Y SP/A N N Y Y SP
Bakery Y Y Y Y N SP/A SP/A A
Open air market Y Y Y N N Y Y N
Pharmacy Y Y Y N N Y Y SP
Supermarket Y Y SP N N Y Y SP
Restaurants
Small (up to 70 seats) Y Y SP N N Y Y SP
Large (71-200 seats) SP SP N N N Y Y SP
Take out food establishment Y Y SP/A N N SP SP N
Drive-through take-out food N N SP N N SP SP N
Tavern/Bar Y Y SP N N SP SP N
Formula businesses
Retail N Y Y N N Y/N in
FBED Y SP/N in
FBED
Restaurant
Small (up to 70 seats) N SP SP N N Y/N in
FBED SP SP/N in
FBED
Large (71-200 seats) N SP N N N Y/N in
FBED SP SP/N in
FBED
Take out food establishment N SP SP N N Y/N in
FBED SP N
Tavern/Bar N SP SP N N Y/N in
FBED SP N
Offices Y Y Y A A Y Y SP
Theatres, auditoriums, or other places of
public assembly Y SP SP N N Y Y N
Personal Services Y Y Y A N Y Y SP
Print shop Y Y Y Y N SP SP N
Laudromat or dry-cleaning establishment SP SP SP SP N SP SP N
Bank Y Y Y N N Y Y SP
Automated teller machine Y/A Y/A Y/A N N Y Y SP
Arcade N SP/A SP/A N N A A A Residential Business Commercial
Page 35
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town
Commercial
Districts
Use
CDT CMI CN CTEC CI RC RC-
2 LC
Art gallery Y Y Y N N SP SP SP
Museum Y N SP N N Y Y N
Catering N Y Y Y N SP/A SP/A A
Crematorium N N N N Y A A A
Funeral home Y Y Y N N Y Y Y
Health spa Y Y Y N N Y Y Y
Medical clinic N SP SP N N Y Y SP
Hospital N N Y N N N N N
Transient residential facilities
Hotel or inn SP SP SP N N Y N SP
Rooming, lodging, or guest house Y Y Y N N Y N Y
Time-sharing/Interval dwelling units Y Y Y N N Y N Y
Contractor shop N N SP Y Y SP SP N
Landscape contractor N N SP Y Y SP SP N
Light manufacturing N N A SP/A Y SP SP N
Food processing N N SP SP Y SP SP N
Interior or exterior storage or warehousing N N A SP/A Y SP SP N
Motor vehicle sales N SP SP N SP SP SP N
Motor vehicle rental Y N SP N N SP SP N
Motor vehicle repair or painting N SP SP SP Y SP SP N
Motor vehicle service station N SP SP SP N SP SP N
Motor vehicle parking lots or structures Y Y Y SP N Y Y N
Car wash N SP N N SP SP SP N
Taxi cab business N Y Y Y N SP SP N
Bicycle rental or sale Y N N SP N SP SP N
Maritime service station Y Y Y Y Y Y Y SP
Yacht/Sailing clubs and marinas Y N N N N Y Y SP
Adult uses N N N N SP N SP N
Asphalt/Batching plant N N N N Y SP SP N
Licensed junkyard N N N N SP SP SP N
Transfer station N N N N SP N N N
Petroleum product storage or distribution
facility (i.e. tank farm) N N N N Y SP SP N
Utility production/distribution
(does not include WECS) SP SP SP SP Y SP SP N
Mining N N N N Y SP SP N
Truck/bus terminal N N N SP Y SP SP N
Boat related storage N N SP Y Y Y Y N
Preservation of a lot in its natural
condition Y Y Y Y Y Y Y Y
Orchards or nurseries Y Y Y Y Y Y Y Y
Farms Y Y Y Y Y Y Y Y
Truck gardens Y Y Y Y Y Y Y Y
Care and propagation of fish and shellfish Y Y Y Y Y Y Y Y
All agricultural uses allowed by
Ch. 590 of the Acts of 1989,
effective 3-8-1990
Y Y Y Y Y Y Y Y
Cemeteries Y Y Y Y Y Y Y Y
Municipal Uses (Any) Y Y Y Y Y Y Y Y
Tents Y Y Y Y Y Y Y Y Commercial Industrial Industrial Other
Page 36
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town
Commercial
Districts
Use
CDT CMI CN CTEC CI RC RC-
2 LC
Day-care center (add definition in 139-2) Y Y Y Y Y Y Y Y
Kennel SP SP SP SP SP SP SP SP
Public stable SP SP SP SP SP SP SP SP
Employer dormitory SP SP SP SP SP SP SP SP
Recreational facilities SP SP SP SP SP SP SP SP
Club Y Y Y Y N Y Y Y
Page 37
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Country
Residential
Districts
Country
Commercial
Districts
Use
V-
R LUG-1 LUG-2 LUG-3 MMD VN VTEC
Primary dwelling Y Y Y Y Y A A
Secondary dwelling Y Y Y Y Y N N
Accessory dwelling Y Y Y Y Y Y Y
Apartment N N N N N N N
Garage Apartment Y Y Y Y Y Y Y
Duplex N N N N N N N
Elder housing facilities SP SP SP SP N N N
Studio A A A A A Y Y
Home Occupations Y Y Y Y Y Y Y
Greenhouses for personal use Y Y Y Y Y Y Y
Keeping of pets and farm animals for
personal use Y Y Y Y Y Y Y
Retail sales N N N N N Y A
Convenience store N N N N N SP N
Alcohol sales N N N N N A A
Bakery N N N N N Y A/SP
Open air market N N N N N Y Y
Pharmacy N N N N N N N
Supermarket N N N N N N N
Restaurants
Small (up to 70 seats) N N N N N SP N
Large (71-200 seats) N N N N N N N
Take out food establishment N N N N N A N
Drive-through take-out food N N N N N N N
Tavern/Bar N N N N N A A
Formula businesses
Retail N N N N N N N
Restaurant
Small (up to 70 seats) N N N N N N N
Large (71-200 seats) N N N N N N N
Take out food establishment N N N N N N N
Tavern/Bar N N N N N N N
Offices N N N N N Y A
Theatres, auditoriums, or other places of
public assembly N N N N N A A/SP
Personal Services N N N N N Y SP
Print shop N N N N N N N
Laudromat or dry-cleaning establishment N N N N N SP N
Bank N N N N N N N
Automated teller machine N N N N N A A
Arcade N N N N N N N Residential Business Commercial
Page 38
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Country
Residential
Districts
Country
Commercial
Districts
Use
V-
R LUG-1 LUG-2 LUG-3 MMD VN VTEC
Art gallery N N N N N Y Y
Museum N N N SP N SP N
Catering N N N N N A A
Crematorium N N N SP N N N
Funeral home N N N N N N N
Health spa N N N N N N N
Medical clinic N N N N N N N
Hospital N N N N N N N
Transient residential facilities
Hotel or inn N N N N N N N
Rooming, lodging, or guest house N N N N N SP N
Time-sharing/Interval dwelling units N N N N N Y N
Contractor shop N N N N N N A
Landscape contractor N N N N N N Y
Light manufacturing N N N N N SP/A SP/A
Food processing N N N N N N SP
Interior or exterior storage or warehousing N N N N N A SP/A
Motor vehicle sales N N N N N N N
Motor vehicle rental N N N N N N N
Motor vehicle repair or painting N N N N N N N
Motor vehicle service station N N N N N N N
Motor vehicle parking lots or structures N N N N N N N
Car wash N N N N N N N
Taxi cab business N N N N N N N
Bicycle rental or sale N N N N N SP N
Maritime service station N N N N N N SP
Yacht/Sailing clubs and marinas N N N N N N SP
Adult uses N N N N N N N
Asphalt/Batching plant N N N N N N N
Licensed junkyard N N N N N N N
Transfer station N N N N N N N
Petroleum product storage or distribution
facility (i.e. tank farm) N N N N N N N
Utility production/distribution
(does not include WECS) N N N N N N N
Mining N N N N N N N
Truck/bus terminal N N N N N N N
Boat related storage N N N N N N SP
Preservation of a lot in its natural condition Y Y Y Y Y Y Y
Orchards or nurseries Y Y Y Y Y Y Y
Farms Y Y Y Y Y Y Y
Truck gardens Y Y Y Y Y Y Y
Care and propagation of fish and shellfish Y Y Y Y Y Y Y
All agricultural uses allowed by
Ch. 590 of the Acts of 1989,
effective 3-8-1990
Y Y Y Y Y Y Y
Cemeteries Y Y Y Y Y Y Y
Municipal Uses (Any) Y Y Y Y Y Y Y
Tents Y Y Y Y Y Y Y Commercial Industrial Industrial Other
Page 39
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Country
Residential
Districts
Country
Commercial
Districts
Use
V-
R LUG-1 LUG-2 LUG-3 MMD VN VTEC
Day-care center (add definition in 139-2) Y Y Y Y Y Y Y
Kennel SP SP SP SP SP SP SP
Public stable SP SP SP SP SP SP SP
Employer dormitory SP SP SP SP SP SP SP
Recreational facilities SP SP SP SP SP SP SP
Club N SP SP SP N SP SP
B. Prohibited uses in all districts. Notwithstanding any other provisions of this chapter,
the following uses shall be prohibited in all districts:
(1) More than two dwellings or dwelling units per lot except as otherwise allowed in
this chapter. [Amended 4-10-2000 ATM by Art. 27, AG approval 8-2-2000; 4-15-
2003 ATM by Art. 31, AG approval 8-27-2003]
(2) Use of a trailer or a building-like container for residential purposes or as a
principal or accessory building or structure except as necessary for storage of
chemicals and/or equipment by the Nantucket Fire Department [Amended 5-5-
1992 ATM by Art. 51, AG approval 8-3-1992]
(3) Use of a trailers or building-like containers as a temporary office or for
construction materials storage (permitted only when incidental and accessory to
construction actively underway on the same lot) longer than 12 months total.
(4) Any building or structure or any use of any building, structure or premises which
is injurious, obnoxious, offensive, dangerous or a nuisance to the community or
to the neighborhood through noise vibration, concussion, odors, fumes, smoke,
gases, dust, harmful fluids or substances, danger of fire or explosion or other
objectionable feature detrimental to the community or neighborhood health,
safety, convenience, morals or welfare.
(5) A motor vehicle which is and for the immediately preceding thirty-day period has
been disabled, dismantled or inoperative shall not be stored on any land or lot
unless such vehicle is enclosed within a building or covered by a tarpaulin and
screened from surrounding residential properties by a fence or hedge.
[Amended 4-15-2003 ATM by Art. 30, AG approval 8-27-2003]
6. To insert in section 8 the following:
A. Exception for cluster development in all districts. [Amended 11-13-1990 STM by Art.
19, AG approval 3-19-1991]
(1) Purpose. For the purpose of promoting the more efficient use of land in harmony
with its natural features and with the general intent of this chapter, to protect the
unique heath and dune landscape from destruction and erosion and maintain
the delicate ecological balance that exists in the district with due regard to the
natural vegetation, soil and water-table characteristics, and to protect and
promote the health, safety, convenience and general welfare of the inhabitants
of the Town, an owner or owners of a tract of land, or a duly authorized agent
thereof, may make application to the Planning Board for a special permit
Page 40
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
excepting such land from the requirements of the intensity regulations of § 139-
16A, B and C, and allowing a cluster development.
(2) Applicability; dimensional requirements. The Planning Board may, following a
public hearing, issue a special permit for cluster development in any zoning
district, provided it finds that the proposed development meets the following
criteria:
(a) That the proposed development is in harmony with the purposes and intent
of this chapter;
(b) That it meets standards for public health, safety, convenience and welfare
as set forth in the Planning Board's Rules and Regulations Governing the
Subdivision of Land and the Nantucket Board of Health Regulations (60.00)
Governing Minimum Lot Size for Unsewered Lots;
(c) That it will better protect the ecological integrity and aesthetic quality of the
area in which it is proposed than would a conventional subdivision.
(3) Cluster development shall conform to the area and dimensional requirements
outlined in the following table:
MMD LUG-3 LUG-2 LUG-1
Minimum tract
are area
(acres)
20 10 10 5
Open land
required
90% 80% 75% 65%
Minimum lot
size (square
feet)
20,000 10,000 10,000 10,000
1 house/ lot
size*
NA 9,000 9,000 9,000
Maximum
ground cover
NA 20% 20% 20%
Minimum
frontage
20 20 20 20
Front setback 30 15 15 15
Side/Rear
setback
10 10 10 10
Page 41
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
R-2 R-10
R-1, ROH, RC,
RC-2
Minimum tract area
(acres)
2.5 2 2
Open space
required
60% 40% 10%
Minimum lot size 5,000 (square
feet)
4,000 3,500
1 house/lot size* 4,500 3,750 3,200
Maximum ground
cover
50% 50% 75%
Minimum frontage 20 20 20
Front setback 15 15 10
Side/Rear setback 5 5 5
NOTES: *See Subsection B(4)(c) below.
(a) The Planning Board may, by special permit, as part of its decision for a
cluster development, reduce by up to 100% the allowable side and rear lot
line setbacks, provided that the Planning Board finds that such a change
will not have an adverse effect on the neighborhood and will promote the
purposes and intent of this section.
(b) All house sites shall be indicated with surveyed building envelopes shown
on the subdivision plan and staked on the ground for the Board's review;
however, the Planning Board may waive this requirement if it finds that the
designation of building envelopes does not aid in accomplishing the
purposes and intent of this chapter.
(c) In any LUG Zone, a minimum buffer of 50 feet of permanently restricted
and undisturbed open land shall be required between the proposed lot line
of any cluster lot and the outside boundary of the tract to be subdivided.
However, the Planning Board may increase, reduce or waive this
requirement if it finds that:
[1] Such reduction or increase is necessitated by the topography or shape
of the tract; or
[2] It will better protect natural resources on the tract through alternative
location of the open land; or
[3] The plan provides equivalent protection of the character of existing
roads; or
[4] It provides equivalent protection against inconsistency with the pattern
of existing development.
(4) Cluster bonuses.
(a) A cluster development shall be entitled to an increase of 10% above the
number of building lots which could otherwise have been created on the
parcel under § 139-16A of this chapter, as demonstrated by the submission
of a dimensioned sketch plan showing conventional subdivision, as well as
Page 42
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
any additional density bonuses which may be permitted under Subsection
B(4)(b) and (c) below. In computing the number of lots allowed under
conventional and under cluster zoning, including any cluster bonus, only
whole numbers, and not fractional parts of lots, shall be counted.
(b) An additional 10% above the number of building lots which could have
been created on the tract under conventional zoning shall be permitted if
the open land remains accessible to the public through either full-fee
dedication to the Town or Nantucket Islands Land Bank or a permanent
public access easement.
(c) An additional 1% of the allowable density under conventional zoning shall
be permitted for each 10% of the cluster lots restricted to a single dwelling
per lot, provided that lots so restricted would otherwise be allowed a second
dwelling under other applicable zoning bylaws and health regulations.
(d) The total increase in building lots shall not exceed 30% of the number of
lots allowed under conventional zoning; however, no increase in excess of
10% of the number of buildable lots under conventional zoning shall be
permitted for tracts located in the Wellhead Protection Zone and not served
by sewer lines.
(5) Control of open land. Provisions shall be made so that open land shall be either:
[Amended 4-10-1995 ATM by Art. 42, AG approval 5-22-1995]
(a) Owned by the Town or County of Nantucket;
(b) Owned by the Nantucket Islands Land Bank;
(c) Conveyed to an established nonprofit organization a principal purpose of
which is the conservation of open land;
(d) Subject to a permanent conservation restriction, as provided in MGL c. 184,
§§ 31 through 33, and owned in common by a corporation or trust
composed of the owners of lots within the cluster tract.
(6) Permitted uses of open land. Open land shall be restricted to one or more of the
following uses, or the uses referred in MGL c. 184, §§ 31 and 32:
(a) Conservation of water, plants and wildlife, and preservation of the tract in
its natural condition, such as fields, pastures and woodlots.
(b) Passive recreation, including nature study, boating, fishing, hunting,
picnicking and horseback riding where otherwise legally permitted.
(c) Bicycle paths and walking trails.
(d) Forestry.
(e) Agriculture.
(f) Boathouses, duck walks, landings and small structures for noncommercial
passive recreational uses.
(g) Dams and ponds consistent with the purposes described above.
(h) Wells for the provision of individual or common water supply, subject to
easements giving rights of access and maintenance to lot owners within the
subdivision.
(i) Individual underground septic systems, subject to easements giving rights
of access and maintenance to lot owners within the subdivision.
Page 43
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(7) Any structures associated with uses specified under Subsection B(6), above,
except those permitted under Subsection B(6)(e), shall be subject to special
permit by the Planning Board.
(8) Authority; regulations. The Planning Board shall have the authority to adopt and
amend regulations and design guidelines governing cluster development.
(9) Procedural requirements. Application for a special permit for cluster
development shall be accompanied by two plans showing the dimensions and
area of lots as they might be established under conventional zoning and under
the cluster development alternative. Submissions shall be governed by the
Planning Board's Rules and Regulations for the Subdivision of Land and by
such other regulations governing cluster development as may be adopted and
amended from time to time, as well as by the zoning requirements for cluster
subdivision listed above.
B. Major residential development special permit (MRD). [Added 4-12-1994 ATM by Art.
48, AG approval 4-29-1994]
(1) Purpose.
(a) The purpose of the Major Residential Development (MRD) Bylaw is to
permit and encourage development which is more in keeping with
Nantucket's history than typical suburban development. As such, the MRD
Bylaw is a voluntary subdivision design option for applicants to consider in
seeking subdivision plan approval before the Planning Board, in lieu of
seeking either conventional subdivision design approval or cluster
subdivision design approval under § 139-8 of this chapter. Further, the
intent is:
[1] To create subdivisions with a village atmosphere which build on
Nantucket's architectural contextual theme;
[2] To protect the unique heath and dune landscape from destruction and
erosion;
[3] To maintain the delicate ecological balance that exists in the district
with due regard for natural vegetation, soil and water-table
characteristics;
[4] To preserve open land and natural features in a manner not currently
allowed;
[5] To provide affordable housing units in subdivision developments;
[6] To allow reduced infrastructure and side development costs in return
for compact development;
[7] To protect and promote the health, safety, convenience and general
welfare of the inhabitants of the Town.
(b) The result will be the promotion of more traditional neighborhoods,
cohesive architecture, and a greater diversity of housing opportunities
within the Town while respecting and enhancing the existing character of
the Town. This will promote attractive standards of appearance and
aesthetics consistent with that character.
(2) Special permit process.
Page 44
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(a) An applicant seeking MRD approval shall apply for a special permit with the
Planning Board. The special permit process shall include:
[1] Pre-application conference.
[2] Preliminary MRD plan review (optional).
[3] Final MRD plan review.
(b) The Planning Board approval of a special permit shall not substitute for
approval of a definitive subdivision plan or ANR where required.
(3) Pre-application conference.
(a) Prior to filing an application, the applicant shall review the proposed
development with the Planning Board and its staff to obtain information and
guidance.
(b) At the pre-application conference the Planning Board and its staff may
discuss, in an informal manner, the applicant's intentions, development
concepts and options, and the Planning Board's requirements with respect
to the proposed MRD; such discussion may include the MRD application
and review process, conceptual issues, and scope of relevant information
that should be considered in planning the project. Pencil sketches and
other illustrations, which need not be professionally prepared, will assist the
discussion, and might show some, but not all, of the information shown on a
preliminary plan.
(c) In some cases, the pre-application conference may eliminate the necessity
of submitting a preliminary plan. The pre-application conference procedure
authorized in this section shall have the same status under the Zoning
Bylaw of the Town as the preliminary subdivision review process.
(4) Preliminary plan review.
(a) A preliminary plan may be submitted by the developer for discussion and
approval, modification, or disapproval by the Planning Board and the Board
of Health. The submission of such a preliminary plan will enable the
developer, the Planning Board and other municipal agencies to discuss and
clarify problems of such a subdivision before extensive engineering costs
are incurred in the preparation of the definitive plan.
(b) Submission requirements, filing procedures, and plan action for preliminary
plans are identical to the requirements for standard subdivision preliminary
plans, found in Section 2.05 of the Nantucket Subdivision Rules and
Regulations, as most recently amended.
(5) Submission of final plan. The final MRD plan shall be a definitive plan of the
proposed development with design sufficiently developed to provide the basis
for the Planning Board's review and determinations regarding the proposal's
satisfaction of the requirements, standards, and guidelines of the MRD Bylaw,
and shall conform to the submission requirements specified in Section 2.06a of
the Subdivision Rules and Regulations. The final plan shall conform
substantially with the approved preliminary MRD plan except for changes in
accordance with conditions attached to the Planning Board's approval of the
Page 45
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
preliminary MRD plan, and shall satisfy all such conditions. The MRD Bylaw and
any other applicable sections of the Nantucket Zoning Bylaw in effect at the time
of the submission of the preliminary plan shall govern the definitive plan if it is
duly submitted within seven months of the preliminary plan approval.
(a) Submission requirements. All final MRD plan submissions shall be made in
conformance with the submission requirements in Section 2.06a of the
Subdivision Rules and Regulations and by such other regulations
governing MRD as may be adopted and amended from time to time, as well
as by the zoning requirements for MRD.
(b) Contents of final submission. The contents of the final plan shall conform to
Section 2.06b of the Subdivision Rules and Regulations and the following:
[1] Application for a special permit for MRD shall be accompanied by two
plans showing the dimensions and area of lots as they might be
established under conventional zoning and under the MRD alternative.
[2] All building sites shall be indicated with surveyed building envelopes
shown of the subdivision and staked on the ground for the Board's
review; however, the Planning Board may waive this requirement if it
finds that the designation of building envelopes does not aid in
accomplishing the purposes and intent of this section.
[3] Renderings of streetscapes, including buildings, streets, sidewalks,
fencing, landscaping, street furniture and any other relevant features.
[4] Development schedule: See Subsection F(6) below for requirements in
proposing development schedule.
(c) Review by other departments.
[1] Within seven days of receipt of the final plan, the planning staff shall
distribute copies, for review and comment, to the following Town
departments: Department of Public Works, Fire Department, Health
Department, Conservation Commission and Historic District
Commission {see Subsection F(10)(d)[4]}.
[2] Comments from the above departments will be received within 35
days.
(d) Performance guarantee. Before endorsement of its approval of the
definitive plan associated with the special permit, the Planning Board shall
require that the construction of ways and the installation of municipal
services be secured by one of the four methods, or a combination of
methods, listed in Section 2.06f of the Subdivision Rules and Regulations.
The method may be varied by the applicant upon approval of the Board.
(e) Public hearing. Before approval, modification and approval, or disapproval
of the final plan, a public hearing shall be held by the Board after proper
advertisements and notification of abutters as provided by MGL c.40A. §
11.
(f) Plan action. After the public hearing, the Board shall approve, modify and
approve, or disapprove the special permit application in accordance with
Section 2.06h, Plan Action, of the Subdivision Rules and Regulations.
Page 46
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(g) Modification, amendment, or rescission of approved plans shall be
governed by Section 2.06i of the Subdivision Rules and Regulations.
(6) Development schedule.
(a) The developer shall begin construction of the MRD within 24 months of the
date of the granting of the special permit (or, if applicable, following appeal
as provided in MGL c. 40A, § 9) in reasonable conformance, as defined
solely by the Planning Board, with the development schedule submitted
with the final MRD plan. The Planning Board shall grant in writing an
extension of this time period of up to an additional 24 months upon
determination by the Planning Board of good cause. If the developer fails to
commence construction of the MRD within 24 months plus any approved
extension period, the special permit shall lapse and be deemed null and
void.
(7) Dimensional requirements. The following specifies the basic use and
dimensional requirements which shall be adhered to in all MRD developments
and which shall be used by the Planning Board in evaluating each MRD
proposal:
(a) Parcel.
[1] A development parcel may consist of land in common but
noncontiguous ownership, provided that all lots comprising the parcel
are contiguous.
[2] Noncontiguous parcels owned by a single owner may be considered
for calculating open land requirements of the parcel proposed to be
developed. Development potential of a noncontiguous parcel shall be
taken under consideration by the Planning Board in determining
potential open land value although said parcel(s) development
potential will not be transferred. Proposed MRD developments may
include preexisting buildings, provided that all MRD requirements are
satisfied by each new or existing building and by the MRD as a whole.
[3] Up to 50% of the land area proposed to be set aside as open land may
be located on a different parcel(s) of land; said open land shall meet
the criteria of lot area as defined under § 139-2 (Definitions and word
usage) of this chapter, as well as the following criteria:
[a] A special importance to remain in its natural state to preserve
scenic views and vistas; or
[b] Borders existing open space land and would be an important
addition to said existing open land such as creating an open
space corridor; or
[c] Is a fragile ecological environment; or
[d] Has special agricultural importance; or
[e] Has importance to the Town/county for recreational, water supply
or other municipal use so determined by the Planning Board.
[4] In accordance with MGL c. 40A, § 9, proposed open land shall either
be conveyed to the Town or conveyed to a nonprofit organization, the
Page 47
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
principal purpose of which is the conservation of open land, or
conveyed to a corporation or trust owned or to be owned by the owners
of lots or residential units within the MRD. A restriction enforceable by
the Town shall be recorded providing that such land shall be kept in an
open or natural state and not be built for residential use or developed
for accessory uses such as parking or roadways.
(b) Affordable housing contribution.
[1] Any MRD may provide affordable and/or moderately priced housing
units as allowed in Subsection F(8)(a).
[2] Standards for affordable housing compliance.
[a] Affordable housing units shall be integrated into the MRD
development, and their exterior appearance shall be designed to
be indistinguishable from the market-rate units in the same
development;
[b] The developer shall provide adequate guarantees, acceptable to
the Planning Board, to ensure the continued availability of the
affordable units in accordance with an acceptable form of
guarantee which may include deed restrictions, recorded deed
covenants relative to equity limitation, or other acceptable forms;
[c] No more than 80% of the building permits for the market-rate units
shall be issued for any MRD development until construction has
commenced on all the affordable units in the MRD development,
no more than 80% of the occupancy permits for the market-rate
units shall be issued until all of the occupancy permits for the
affordable units have been issued.
(c) Intensity of development.
[1] For MRD developments, the following basic intensity factors shall
apply:
[a] Minimum parcel frontage: 20 feet;
[b] Maximum ground cover per lot shall be 35%, not to exceed a
gross footprint of 4,000 square feet for primary dwellings, and
2,000 square feet for all secondary dwellings;
[c] Maximum number of building lots, excluding MRD bonuses,
allowed on a parcel shall be governed by the number of building
lots which could have been created on the tract under
conventional zoning;
[d] As part of the MRD design review process, the Planning Board
may, where it deems appropriate, waive the front yard setback
requirement within the applicable zone, to within one foot of the
front property line and may where it deems appropriate waive by
up to 100% the applicable side and rear lot line setbacks. In order
to grant any such waiver, the Planning Board must find that the
waiver shall not have an adverse effect on the neighborhood and
that the waiver shall promote the purposes and intent of this
Page 48
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
section. [Amended 4-12-2004 ATM by Art. 35, AG approval 9-3-
2004]
[e] The regularity formula contained in § 139-16 shall not apply to lots
in an MRD; [Added 4-10-1995 ATM by Art. 43, AG approval 5-22-
1995]
[2] MRD shall conform to the area and open land requirements outlined in
the following table:
LUGLUGLUGLUG----3333 LUGLUGLUGLUG----2222 LUGLUGLUGLUG----1111
Minimum tract
area (acres)
*22 *15 *8
Open land
required
80% 75% 65%
RRRR----20202020 RRRR----10101010 RRRR----1, RC, 1, RC, 1, RC, 1, RC,
RCRCRCRC----2222
Minimum tract
area (acres)
3.7 2 1
Open land
required
60% 40% 10%
NOTES: *The Planning Board may waive this minimum
tract area if it determines that the proposed MRD is more
in keeping with the surrounding area, promotes a more
efficient use of the land, and is consistent with the general
intent of this chapter.
[3] MRD development option is not permitted in the Moorlands
Management District (MMD).
(8) MRD incentives/bonuses.
(a) An MRD development shall be entitled to an increase of 10% above the
number of building lots which could otherwise have been created on the
parcel under § 139-16A of this chapter, as demonstrated by the submission
of a dimensioned sketch plan showing conventional subdivision, as well as
any additional density bonuses which may be permitted under Subsection
F(8)(b) and (c) below.
(b) Affordable and moderately priced housing bonus.
[1] For every affordable housing unit provided, one additional market-rate
unit may be provided.
[2] For every two moderately priced housing units provided, one additional
market-rate housing unit may be provided.
[3] See Article I, § 139-2 of this chapter for definitions of affordable
housing.
(c) Fractional computations. For all MRD density calculations which result in a
fractional number, only fractions equal to or greater than .51 should be
rounded up to the next highest whole number; all other fractional numbers
shall be rounded down to the nearest lower whole number.
Page 49
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(d) Accessory nonresidential use.
[1] As part of the MRD special permit application, an applicant may
request designation of a lot within the MRD subdivision for a
nonresidential use. Said nonresidential use shall be limited to 2,000
gross square feet of small-scale, neighborhood-oriented retail or office
use as allowed in § 139-7. As part of the MRD submission, an
applicant must provide information which supports the need or
necessity of the proposed nonresidential use. Proposed nonresidential
uses shall be appropriately scaled for a village setting, and shall be
designed to complement the overall function and architecture of the
immediate area as determined by the Planning Board.
[2] If, in the opinion of the Planning Board, the proposed nonresidential
use is determined to be desirable within the proposed MRD
subdivision, the inclusion of said nonresidential use shall be evaluated
in accordance with the performance criteria of Subsection F(11).
(e) Public access to open land. An additional 10% above the number of
building lots which could have been created on the MRD tract and of any
off-site open space parcels under conventional zoning shall be permitted if
the open land remains accessible to the public in perpetuity through either
full-fee dedication to the Town or the Nantucket Islands Land Bank or a
conservation restriction with permanent access.
(f) The total increase in building lots shall not exceed 35% of the number
allowed under conventional zoning; however, no increase in excess of 10%
of the number of buildable lots under conventional zoning shall be
permitted for tracts located in the Wellhead Protection Zone and not served
by sewer lines.
(9) Limitation of subdivision and ownership. No lot or development parcel shown on
an MRD plan for which a permit is granted pursuant to this MRD Bylaw and
remains validly in effect may be further subdivided, and a note to this effect shall
be shown on the plan.
(10) Development standards. All MRD developments shall conform to the following
development standards:
(a) Screening. Within the required setbacks, landscaping shall be provided so
as to provide effective screening of the MRD from visibility from abutting
properties. To the greatest extent practical, existing natural vegetation shall
be preserved and enhanced. All plantings shall be properly installed and
maintained and shall be indigenous to Nantucket.
(b) Open land. Open land of the MRD parcel shall not contain parking, loading
and unloading spaces or access way thereto, or be used as private yards,
patios, or gardens for the exclusive or principal use by the residents of an
individual dwelling unit. To the greatest extent possible such open land
shall be left in its undisturbed natural condition.
(c) Site circulation and parking.
Page 50
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
[1] Site circulation shall meet accepted standards for private automobiles,
service vehicles, and emergency vehicles. It is highly desirable to
consolidate access to an MRD in a small number of widely spaced
principal access points, which may be driveways or side streets within
or adjacent to the MRD. Principal access should be consolidated in as
few locations as possible and, if feasible, it is desirable for adjacent
developments to share principal access. Principal access points should
be spaced and aligned or alternated according to good traffic
engineering practice.
[2] Parking space size shall be in accordance with the Nantucket zoning
bylaws and shall be landscaped in accordance with Subsection
F(10)(d)[1]. A minimum of 5% of the gross area of each parking lot
shall be devoted to interior landscaped areas, of as uniform a
distribution as practicable throughout the parking lots and densely
planted with trees and taller shrubs to provide screening.
[3] Roadways and drives within an MRD shall be constructed in
conformance with standards established by the Nantucket Department
of Public Works.
[4] All on-site and off-site improvements, which include the installation of
utilities, public lighting, sewers, fencing and other public improvements
shall be constructed in accordance with the standards of the
Subdivision Rules and Regulations, the Nantucket Department of
Public Works and other appropriate departments.
(d) Design quality. Project design shall be reviewed by the Planning Board with
input from the Historic District Commission, any review consultant(s)
employed by the Planning Board, and others as appropriate. The following
in this subsection are to be interpreted as guidelines to be applied flexibly
by the Planning Board and as appropriate to the situation under review,
including factors such as foundation and soil characteristics and other
extraordinary site constraints. These guidelines apply to all site
improvements and buildings and structures:
[1] Landscaping.
[a] All open areas within an MRD should be landscaped in an
appropriate manner, utilizing both natural and man-made
materials such as grass, trees, shrubs, fencing, traditional and
attractive paving materials and outdoor furniture;
[b] Deciduous trees should be placed along new and existing streets
and ways;
[c] Outdoor lighting should be considered in the landscaping plan
and should be designed to complement both man-made and
natural elements of the MRD and adjacent areas;
[d] Indigenous, high-quality landscaping should be provided within
the MRD where it abuts major streets, existing residential areas,
and along internal drives;
[e] Parking lots should use landscaping and terracing to break up
large areas of pavement and to enhance a residential flavor and
Page 51
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
appearance; trees and shrubs should be used to the maximum
extent feasible.
[2] Pedestrian amenities.
[a] Emphasize pedestrian-oriented features such as pergolas,
gardens, outdoor seating, alleys, landscaped open land, drop-off
areas, fencing and recreational facilities;
[b] Tree-lined or otherwise appropriately landscaped pedestrian
paths and walkways should link together areas designated as
open land within the site and wherever possible to adjoining
public areas.
[3] Utilities. To the maximum extent feasible, all utilities should be located
underground.
[4] The Historic District Commission (HDC) shall review the proposed
MRD for the following:
[a] Building placement. To preserve and protect the spacious
character of the natural landscape and to minimize the visual
impact of scattered house sites;
[b] Building massing/articulation.
[i] Provide human-scale features and building detailing.
[ii] Avoid unarticulated and monotonous building facades and
window placement.
[c] Roofline articulation. Provide a variety of building heights and
varied roofline articulation, as defined in the Nantucket Historic
District Commission publication entitled "Building with Nantucket
in Mind."
[d] Building materials. Use materials and building treatments that
mitigate the impact of buildings from distant vantage points and
that are compatible with backgrounds and surroundings; use
materials and colors compatible with other quality buildings of
similar scale in the vicinity.
(11) Performance criteria. In addition to conforming to the use and dimensional
requirements governing MRD's, approval of the special permit to construct an
MRD shall be granted only upon determination by the Planning Board that a
proposed MRD satisfies the following criteria. In any disapproval of an MRD, the
Planning Board shall state in writing the specific reasons for its finding that the
proposed MRD does not satisfy one or more of these criteria. Mitigation
measures proposed by the developer, at no cost to the Town, shall be
considered in making these determinations.
(a) The proposed MRD conforms as appropriate to existing goals and
objectives established by the Town Meeting, the Board of Selectmen, and
the Planning Board for the specific area of the Town in which the MRD is
proposed to be located.
(b) There is no significant adverse effect under the following:
Page 52
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
[1] Quality of site design, building design, and landscaping as they affect
occupants of the proposed development, adjacent residential districts,
and the Town as a whole;
[2] Traffic flow and safety in the context of this and other proposed
developments in the immediate vicinity and sensitive neighboring
areas, which may be identified in the pre-application conference;
[3] Water quality, air quality, wetlands, and the natural environment;
[4] Provision of open land;
[5] Adequacy of utilities and other public works and impact on existing
public facilities within the Town; and
[6] Potential fiscal impact to the Town of Nantucket.
(c) Approval of the proposed MRD provides benefits to the Town which
outweigh all adverse effects, as evaluated under the above criteria.
(12) Environmental performance criteria. An MRD shall conform in each phase to all
applicable federal, state and local laws and regulations (including all such
regulations established by the U.S. Environmental Protection Agency and the
Massachusetts Department of Environmental Protection) regarding the
environment, including those concerning noise, air quality, wetlands, water
quality, runoff and erosion control, and protection from flooding.
(13) Control of runoff and flooding.
(a) The applicant shall demonstrate that, as compared with the situation that
would exist on the site without the development, no phase of the proposed
MRD will result in an increase in the peak rate of storm runoff at the parcel
boundary for the MRD as a whole for the twenty-five-, fifty-, and one-
hundred-year design storms, and that there will be no net loss in flood
storage capacity for the one-hundred-year design storm. In making such
determinations, any state or local orders or requirements of applicable
Wetlands Protection Laws or Bylaws Editor's Note: See Ch. 136, Wetlands.
shall be assumed in the calculations of runoff and flood storage without the
MRD, but alternative forms of development shall not be assumed. The
Planning Board may waive the peak rate of storm runoff determination for
the fifty- and/or one-hundred-year design storm for applications where the
Board determines that said waiver is warranted.
(b) In addition, the applicant will demonstrate that any adverse existing off-site
runoff and erosion conditions or off-site runoff and erosion conditions which
would result from the development of the MRD are fully identified and that
workable and acceptable mitigation measures are proposed as part of the
preliminary and final MRD plans.
(14) Residents' association.
(a) In order to ensure that common open space and common facilities within the
development will be properly maintained, each MRD development shall have
a residents' association, which shall be in the form of a corporation, nonprofit
organization, or trust, established in accordance with appropriate state law
Page 53
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
by a suitable legal instrument or instruments recorded at the Nantucket
County Registry of Deeds or Registry District of the Land Court. As part of
the final MRD plan submission, the applicant shall supply to the Planning
Board copies of such proposed instrument, which shall at a minimum
provide the information required by said MRD plan submission and
development regulations in effect at the time of final MRD plan submission.
(b) In cases where the MRD plan proposes private roadways, said legal
instruments pertaining to the residents' association shall specify that the
residents' association shall be solely responsible for roadway maintenance,
snow-plowing and improvements, for all costs associated with the operation
and maintenance of street lighting.
(15) Rules and regulations. The Planning Board is authorized to adopt from time to
time MRD submission development regulations to implement this chapter.
(16) Major residential developments are exempted from the regularity formula
contained in § 139-16. [Added 4-10-1995 ATM by Art. 43, AG approval 5-22-
1995]
C. Nantucket Housing Needs Program. [Added 4-9-2001 ATM by Art. 36, AG approval
8-2-2001]
(1) Purpose. To create, make available and maintain housing that is affordable to
people who earn less than 150% of the Nantucket County median household
income; to maintain Nantucket's diversity and unique sense of community; to
encourage moderate-income families to continue to reside on Nantucket; and to
generate a supply of housing that will remain affordable.
(2) Definitions. The following definitions only apply to this § 139-8C:
HOUSING AUTHORITY — The Nantucket Housing Authority (NHA) or its
designee. [Amended 4-15-2003 ATM by Art. 28, AG approval 8-27-2003]
MAXIMUM RENTAL PRICE — Shall be no more than the fair market rent
established for Nantucket County as published by the U.S. Department of
Housing and Urban Development in Federal Register, Vol. 65 No. 185
(September 25, 2000) and as may hereafter be amended from time to time.
MAXIMUM RESALE PRICE — The greater of the maximum sales price or price
the current Nantucket Housing Needs Covenant unit owner paid for the
Nantucket Housing Needs Covenant unit. [Added 4-15-2003 ATM by Art. 28, AG
approval 8-27-2003]
MAXIMUM SALES PRICE — Shall be calculated by assuming a ten-percent
down payment and an annual debt service (at prevailing thirty-year fixed interest
rates) that is equal to 30% of the gross annual income of a household earning
up to 125% of median income. [Amended 4-15-2003 ATM by Art. 28, AG
approval 8-27-2003]
Page 54
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
MEDIAN INCOME — Median family income for Nantucket County as published
from time to time by the U.S. Department of Housing and Urban Development.
[Amended 4-15-2003 ATM by Art. 28, AG approval 8-27-2003]
NANTUCKET HOUSING NEEDS COVENANT — A covenant placed on housing,
which property owners choose to execute and which shall be enforceable by the
NHA, to be recorded in the Registry of Deeds or the Land Court Registry
District.
PRINCIPAL RESIDENCE — The locality where a person resides with the present
intent to make it the person's fixed and permanent home. The person's physical
presence alone will not establish a principal residence. In ascertaining one's
intent, the Housing Authority shall consider, among other things, the person's
employment status, voter registration, driver's license, motor vehicle registration,
real property ownership, income tax returns, or the filing with the Housing
Authority of a written declaration to establish or maintain a principal residence.
[Amended 4-15-2003 ATM by Art. 28, AG approval 8-27-2003]
QUALIFIED PURCHASER HOUSEHOLD — A household whose gross annual
income is less than 150% of median income. [Amended 4-15-2003 ATM by Art.
28, AG approval 8-27-2003]
QUALIFIED RENTER HOUSEHOLD — A household whose gross annual
income is not more than 100% of median income.
(3) General requirements.
(a) Housing subject to the Nantucket Housing Needs Covenant shall be:
[1] Occupied by a qualified renter or qualified purchaser household.
[2] The principal residence of the qualified renter or qualified purchaser
household.
[3] Enforceable for the greater of 99 years or the maximum time period
allowable by law.
[4] The price of the unit shall not exceed the maximum sales price, or, in
the case of resale, the maximum resale price. [Amended 4-15-2003
ATM by Art. 28, AG approval 8-27-2003]
[5] The unit rent shall not exceed the maximum rental price.
[6] The owner of a unit being rented shall provide the Housing Authority
with an annual certification of compliance with the terms of the
covenant.
(4) Monitoring and administration.
(a) The Housing Authority shall monitor and administer the Nantucket Housing
Needs Program and may promulgate rules and regulations to implement it.
Prior to promulgating such rules and regulations and prior to completing a
model Nantucket Housing Needs Covenant, the Housing Authority shall
Page 55
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
hold a public hearing or hearings to solicit advice from the public. The
Housing Authority shall publish notice of these hearings prominently in a
newspaper of general circulation on Nantucket for two successive weeks.
(b) All legal documentation shall be submitted to the Housing Authority for
review and approval.
D. Special permit to create secondary residential lots for year-round residents. [Added
4-12-2004 ATM by Art. 36, AG approval 9-3-2004]
(1) Purpose: to create, make available and maintain housing that is affordable to
those who earn at or below 80% of the Nantucket County median household
income; to help those people or households to continue to reside on Nantucket if
they wish to do so; to generate and preserve affordable housing in the Town of
Nantucket in perpetuity, all in order to maintain Nantucket's diversity and unique
sense of community.
(2) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board as special
permit granting authority, in its discretion, pursuant to and subject to this § 139-
8D, may issue a special permit, with conditions, authorizing the division of the
original lot into a primary lot and a secondary lot, which special permit may
include approval and endorsement of a plan not requiring approval under the
Subdivision Control Law as such plan is defined and described in MGL c.41
§ 81P, provided the following requirements and/or conditions shall apply to all
applications for relief hereunder and all special permits granted hereunder, as
the case may be:
(a) The original lot shall not be subject to any covenants, restrictions or similar
encumbrances, whether appearing in a deed, easement, land-use permit or
any other instrument, pertaining to the placement, use or occupancy of
second dwellings on said original lot.
(b) The secondary lot shall be subject to an NHNC-Ownership Form, which
shall provide, without limitation, that the owner of the secondary lot, and
any occupant of any dwelling erected thereon, shall earn at or below 80%
of the Nantucket County median household income.
(c) No more than one dwelling shall be permitted on the primary lot.
(d) No more than one dwelling shall be permitted on the secondary lot.
(e) The minimum area for the original lot, the primary lot and the secondary lot
shall be as follows:
Zoning
District
Minimum
Original Lot Size
(§ 139-16A)
Minimum
Secondary
Lot Size
Minimum
Primary Lot
Size
LUG-1 40,000 15,000 25,000
LUG-2 80,000 25,000 55,000
LUG-3 120,000 35,000 85,000
R-10 10,000 4,000 6,000
R-2/SR-2 20,000 8,000 12,000
R-1/SR-1 5,000 2,000 3,000
ROH/SOH 5,000 2,000 3,000
Page 56
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
RC 5,000 2,000 3,000
RC-2 5,000 2,000 3,000
LC 5,000 2,000 3,000
(f) The primary lot and the secondary lot shall comply with the ground cover,
front setback, side setback and rear setback requirements of the underlying
zoning district, with the exception that the ground cover ratio solely for a
secondary lot in the R-1 Zoning District shall be 36%.
(g) The primary lot and the secondary lot each must have a minimum of 20 feet
of frontage.
(h) Neither the primary lot nor the secondary lot shall have a separate vehicular
access driveway, but shall share a single access driveway to a roadway.
No more than one primary lot and one secondary lot shall share a single
access driveway with any other primary lot or secondary lot. The Planning
must be provided with an instrument, in recordable form, evidencing the
common access rights to said access in accordance with this subsection.
(i) Where a primary lot and a secondary lot derive from the same original lot,
the relationship of the dwelling situated on that primary lot and the dwelling
situated on that secondary lot shall be maintained in accordance with the
intent of § 139-2, in addition to the specific requirements of § 139-2 with
regard to the use and appearance of those respective dwellings.
(j) A certificate of appropriateness required in § 139-26C(1) of the Code of the
Town of Nantucket shall be an application requirement for a special permit
under this § 139-8D.
(3) This § 139-8D shall not apply to major commercial developments, (§ 139-11);
cluster developments (§ 139-8A); major residential developments (§ 139-8B);
and are not permitted in the following zoning districts: Commercial Downtown
(RCDT); Moorlands Management (MMD); Special Academy Hill (AHD); Special
Our Island Home (OIH); and Assisted/Independent Living Community District
(ALC).
(4) Section 139-16D, Regularity formula, shall not apply to this § 139-8D.
(5) No more than 12 secondary lots may be approved by the Planning Board within
each calendar year, of which no more than two shall be approved for a single
applicant.
7. To insert in section 12 the following:
J. Multi-Family Overlay District. Notwithstanding the provisions of § 139-7, the Planning
Board may in its discretion grant a special permit for multifamily dwellings (see § 139-
2A) within the Multi-Family Overlay District as defined in § 139-4C, 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 § 139-23A: [Added 10-10-2001 STM by Art. 5,
AG approval 1-24-2002]
Page 57
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(1) One dwelling unit is allowed for each 2,500 square feet of lot area up to a
maximum of four dwelling units per lot. No additional dwelling units are allowed.
(2) A maximum of eight bedrooms shall be allowed on the lot.
(3) Existing buildings or structures may be converted or altered into multifamily
dwellings.
(4) In portions of the Multi-Family Overlay District located in the RC and RC-2
Districts, only, the Planning Board in its discretion may authorize by such special
permit, in addition to multifamily dwellings, uses permitted pursuant to §§ 139-
7D, 139-8A and B, and 139-9A and B.
(5) A covenant, limiting use of the dwelling units to (a) year-round occupancy or (b)
peak-seasonal (May 1 to October 30 or any part thereof) employee housing and
prohibiting occupancy or use by other non-year-round residents in accordance
with the definition of transient residential facilities (§ 139-2A) or otherwise, shall
be recorded at the Nantucket Registry of Deeds against the lot. Said covenant
shall grant enforcement powers to the Town of Nantucket.
(6) Except as stated above, all other provisions of the Zoning Bylaw shall be
applicable.
Or, take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of
Nantucket Nantucket Nantucket Nantucket be amended be amended be amended be amended as followsas followsas followsas follows (NO(NO(NO(NOTE: new language is shown in highlighted text, TE: new language is shown in highlighted text, TE: new language is shown in highlighted text, TE: new language is shown in highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not meant language to be deleted is shown by strikeout; these methods to denote changes are not meant language to be deleted is shown by strikeout; these methods to denote changes are not meant language to be deleted is shown by strikeout; these methods to denote changes are not meant
to become part of the final text)to become part of the final text)to become part of the final text)to become part of the final text)::::
1.1.1.1. To delete all existing text in section 7 (complete text on file in Town Clerk’s oTo delete all existing text in section 7 (complete text on file in Town Clerk’s oTo delete all existing text in section 7 (complete text on file in Town Clerk’s oTo delete all existing text in section 7 (complete text on file in Town Clerk’s office.)ffice.)ffice.)ffice.)
2.2.2.2. To delete all existing text in section 8 (complete text on file in Town Clerk’s office.)To delete all existing text in section 8 (complete text on file in Town Clerk’s office.)To delete all existing text in section 8 (complete text on file in Town Clerk’s office.)To delete all existing text in section 8 (complete text on file in Town Clerk’s office.)
3.3.3.3. To delete all existing text in section 9 (complete text on file in Town Clerk’s office.)To delete all existing text in section 9 (complete text on file in Town Clerk’s office.)To delete all existing text in section 9 (complete text on file in Town Clerk’s office.)To delete all existing text in section 9 (complete text on file in Town Clerk’s office.)
4.4.4.4. To amend section 2, as follows, with new definitions to be insertedTo amend section 2, as follows, with new definitions to be insertedTo amend section 2, as follows, with new definitions to be insertedTo amend section 2, as follows, with new definitions to be inserted alphabetically: alphabetically: alphabetically: alphabetically:
ACCESSORY APARTMENT ACCESSORY APARTMENT ACCESSORY APARTMENT ACCESSORY APARTMENT –––– a dwelling unit located within an owner occupied detached a dwelling unit located within an owner occupied detached a dwelling unit located within an owner occupied detached a dwelling unit located within an owner occupied detached
single family dwelling unit and subject to the following requirements:single family dwelling unit and subject to the following requirements:single family dwelling unit and subject to the following requirements:single family dwelling unit and subject to the following requirements:
Unit size. The design, installation and use of an accessory apartment shall be Unit size. The design, installation and use of an accessory apartment shall be Unit size. The design, installation and use of an accessory apartment shall be Unit size. The design, installation and use of an accessory apartment shall be
secondasecondasecondasecondary and incidental to the principal use of the structure as the owner's home. The ry and incidental to the principal use of the structure as the owner's home. The ry and incidental to the principal use of the structure as the owner's home. The ry and incidental to the principal use of the structure as the owner's home. The
gross floor area of the accessory apartment shall not be less than 300 square feet, nor gross floor area of the accessory apartment shall not be less than 300 square feet, nor gross floor area of the accessory apartment shall not be less than 300 square feet, nor gross floor area of the accessory apartment shall not be less than 300 square feet, nor
shall it be more than 800 square feet or 40% of the gross floor area, including the shall it be more than 800 square feet or 40% of the gross floor area, including the shall it be more than 800 square feet or 40% of the gross floor area, including the shall it be more than 800 square feet or 40% of the gross floor area, including the
babababasement, of the principal structure within which the unit is installed, whichever is the sement, of the principal structure within which the unit is installed, whichever is the sement, of the principal structure within which the unit is installed, whichever is the sement, of the principal structure within which the unit is installed, whichever is the
lesser.lesser.lesser.lesser.
Interior design. The accessory apartment shall be selfInterior design. The accessory apartment shall be selfInterior design. The accessory apartment shall be selfInterior design. The accessory apartment shall be self----contained with separate sleeping, contained with separate sleeping, contained with separate sleeping, contained with separate sleeping,
cooking and sanitary facilities for the exclusive use of the occupant.cooking and sanitary facilities for the exclusive use of the occupant.cooking and sanitary facilities for the exclusive use of the occupant.cooking and sanitary facilities for the exclusive use of the occupant. There shall be a There shall be a There shall be a There shall be a
Page 58
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
maximum of two bedrooms in an accessory apartment. Rooms which might be maximum of two bedrooms in an accessory apartment. Rooms which might be maximum of two bedrooms in an accessory apartment. Rooms which might be maximum of two bedrooms in an accessory apartment. Rooms which might be
converted at some future time to a bedroom, such as studies, studios, libraries and the converted at some future time to a bedroom, such as studies, studios, libraries and the converted at some future time to a bedroom, such as studies, studios, libraries and the converted at some future time to a bedroom, such as studies, studios, libraries and the
like, shall be counted as bedrooms.like, shall be counted as bedrooms.like, shall be counted as bedrooms.like, shall be counted as bedrooms.
Exterior design. Modifications to the extExterior design. Modifications to the extExterior design. Modifications to the extExterior design. Modifications to the exterior of an existing principal structure resulting erior of an existing principal structure resulting erior of an existing principal structure resulting erior of an existing principal structure resulting
from the installation of an accessory apartment or the design and construction of new from the installation of an accessory apartment or the design and construction of new from the installation of an accessory apartment or the design and construction of new from the installation of an accessory apartment or the design and construction of new
homes with accessory apartments shall be consistent with the principal structure's homes with accessory apartments shall be consistent with the principal structure's homes with accessory apartments shall be consistent with the principal structure's homes with accessory apartments shall be consistent with the principal structure's
predominant character as a singlepredominant character as a singlepredominant character as a singlepredominant character as a single----fafafafamily home.mily home.mily home.mily home.
Ownership. The entire structure in which the accessory apartment is installed shall be Ownership. The entire structure in which the accessory apartment is installed shall be Ownership. The entire structure in which the accessory apartment is installed shall be Ownership. The entire structure in which the accessory apartment is installed shall be
held in the same ownership.held in the same ownership.held in the same ownership.held in the same ownership.
YearYearYearYear----round occupancy. As a condition for the issuance and continued validity of an round occupancy. As a condition for the issuance and continued validity of an round occupancy. As a condition for the issuance and continued validity of an round occupancy. As a condition for the issuance and continued validity of an
occupancy permit for an accessory apartment, occupancy permit for an accessory apartment, occupancy permit for an accessory apartment, occupancy permit for an accessory apartment, the owner shall execute and record the owner shall execute and record the owner shall execute and record the owner shall execute and record
against the deed to said property a restriction, running with the land and in favor of the against the deed to said property a restriction, running with the land and in favor of the against the deed to said property a restriction, running with the land and in favor of the against the deed to said property a restriction, running with the land and in favor of the
Town of Nantucket, to the effect that occupancy of the accessory apartment shall be Town of Nantucket, to the effect that occupancy of the accessory apartment shall be Town of Nantucket, to the effect that occupancy of the accessory apartment shall be Town of Nantucket, to the effect that occupancy of the accessory apartment shall be
limited to natural persons domiciled in the Tolimited to natural persons domiciled in the Tolimited to natural persons domiciled in the Tolimited to natural persons domiciled in the Town of Nantucket year round and that the wn of Nantucket year round and that the wn of Nantucket year round and that the wn of Nantucket year round and that the
dwelling may not be offered for nor used for seasonal occupancy; and the owner shall dwelling may not be offered for nor used for seasonal occupancy; and the owner shall dwelling may not be offered for nor used for seasonal occupancy; and the owner shall dwelling may not be offered for nor used for seasonal occupancy; and the owner shall
file with the Town, prior to issuance of an occupancy permit and within 30 days of any file with the Town, prior to issuance of an occupancy permit and within 30 days of any file with the Town, prior to issuance of an occupancy permit and within 30 days of any file with the Town, prior to issuance of an occupancy permit and within 30 days of any
change in ownership of the premises, an affichange in ownership of the premises, an affichange in ownership of the premises, an affichange in ownership of the premises, an affidavit, signed under the pains and penalties davit, signed under the pains and penalties davit, signed under the pains and penalties davit, signed under the pains and penalties
of perjury by the owner of the principal structure, attesting to the fact that occupancy of of perjury by the owner of the principal structure, attesting to the fact that occupancy of of perjury by the owner of the principal structure, attesting to the fact that occupancy of of perjury by the owner of the principal structure, attesting to the fact that occupancy of
the accessory apartment is and will be limited to natural persons domiciled in the Town the accessory apartment is and will be limited to natural persons domiciled in the Town the accessory apartment is and will be limited to natural persons domiciled in the Town the accessory apartment is and will be limited to natural persons domiciled in the Town
of Nantucket year round and thatof Nantucket year round and thatof Nantucket year round and thatof Nantucket year round and that the dwellings will not be offered for nor used for the dwellings will not be offered for nor used for the dwellings will not be offered for nor used for the dwellings will not be offered for nor used for
seasonal occupancy. The affidavit shall be renewed by the owner of the premises every seasonal occupancy. The affidavit shall be renewed by the owner of the premises every seasonal occupancy. The affidavit shall be renewed by the owner of the premises every seasonal occupancy. The affidavit shall be renewed by the owner of the premises every
three years as a condition for retaining an occupancy permit for the accessory three years as a condition for retaining an occupancy permit for the accessory three years as a condition for retaining an occupancy permit for the accessory three years as a condition for retaining an occupancy permit for the accessory
apartment.apartment.apartment.apartment.
APARTMENT APARTMENT APARTMENT APARTMENT –––– A A A A dwelling unit dwelling unit dwelling unit dwelling unit located on the second or third floor or in the basement of a located on the second or third floor or in the basement of a located on the second or third floor or in the basement of a located on the second or third floor or in the basement of a
commercial structure. A maximum of 4 apartments are allowed in the following districts:commercial structure. A maximum of 4 apartments are allowed in the following districts:commercial structure. A maximum of 4 apartments are allowed in the following districts:commercial structure. A maximum of 4 apartments are allowed in the following districts:
CDT CDT CDT CDT –––– 1 dwelling unit is permitted for each 1000 square feet of lot area 1 dwelling unit is permitted for each 1000 square feet of lot area 1 dwelling unit is permitted for each 1000 square feet of lot area 1 dwelling unit is permitted for each 1000 square feet of lot area
CMI CMI CMI CMI –––– 1 dwelling unit is per 1 dwelling unit is per 1 dwelling unit is per 1 dwelling unit is permitted for each 2000 square feet of lot areamitted for each 2000 square feet of lot areamitted for each 2000 square feet of lot areamitted for each 2000 square feet of lot area
CN CN CN CN ---- 1 dwelling unit is permitted for each 3000 square feet of lot area 1 dwelling unit is permitted for each 3000 square feet of lot area 1 dwelling unit is permitted for each 3000 square feet of lot area 1 dwelling unit is permitted for each 3000 square feet of lot area
BAKERY BAKERY BAKERY BAKERY –––– A A A An establishment primarily engaged in the retail sale of baked goods for offn establishment primarily engaged in the retail sale of baked goods for offn establishment primarily engaged in the retail sale of baked goods for offn establishment primarily engaged in the retail sale of baked goods for off----site site site site
consumption.consumption.consumption.consumption.
DWELLING DWELLING DWELLING DWELLING ———— A building used, A building used, A building used, A building used, or to be used, for habitation, containing sanitation facilities. or to be used, for habitation, containing sanitation facilities. or to be used, for habitation, containing sanitation facilities. or to be used, for habitation, containing sanitation facilities.
DUPLEX DUPLEX DUPLEX DUPLEX –––– A structure containing two dwelling units. An accessory apartment located A structure containing two dwelling units. An accessory apartment located A structure containing two dwelling units. An accessory apartment located A structure containing two dwelling units. An accessory apartment located
within a dwelling unit shall not constitute a duplex. In the Rwithin a dwelling unit shall not constitute a duplex. In the Rwithin a dwelling unit shall not constitute a duplex. In the Rwithin a dwelling unit shall not constitute a duplex. In the R----1 and LC districts only, both 1 and LC districts only, both 1 and LC districts only, both 1 and LC districts only, both
dwelling undwelling undwelling undwelling units shall be in the same ownership.its shall be in the same ownership.its shall be in the same ownership.its shall be in the same ownership.
GARAGE APARTMENT GARAGE APARTMENT GARAGE APARTMENT GARAGE APARTMENT –––– a dwelling unit located within a detached residential a dwelling unit located within a detached residential a dwelling unit located within a detached residential a dwelling unit located within a detached residential
or commercial garage. A garage apartment may be either a or commercial garage. A garage apartment may be either a or commercial garage. A garage apartment may be either a or commercial garage. A garage apartment may be either a primary or primary or primary or primary or
Page 59
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
secondary dwelling unit. secondary dwelling unit. secondary dwelling unit. secondary dwelling unit.
HOME OCCUPATION HOME OCCUPATION HOME OCCUPATION HOME OCCUPATION ———— An occ An occ An occ An occupation, trade, profession, or business activity upation, trade, profession, or business activity upation, trade, profession, or business activity upation, trade, profession, or business activity resulting in a resulting in a resulting in a resulting in a
product or service provided for compensation, product or service provided for compensation, product or service provided for compensation, product or service provided for compensation, conducted as an accessory use conducted as an accessory use conducted as an accessory use conducted as an accessory use by one or by one or by one or by one or
more occupantsmore occupantsmore occupantsmore occupants wholly or partly within a dwelling unit or wholly or partly within a dwelling unit or wholly or partly within a dwelling unit or wholly or partly within a dwelling unit or in one or more in one or more in one or more in one or more accessory accessory accessory accessory
structurestructurestructurestructuressss. [Added 1. [Added 1. [Added 1. [Added 1----8888----2001 STM by Art. 5, AG approval 42001 STM by Art. 5, AG approval 42001 STM by Art. 5, AG approval 42001 STM by Art. 5, AG approval 4----10101010----2001]. 2001]. 2001]. 2001].
Home occupations shall be subject to the following requirements: Home occupations shall be subject to the following requirements: Home occupations shall be subject to the following requirements: Home occupations shall be subject to the following requirements:
The home occupation shall be conducted by occupants of a dwelling upon the lot, and The home occupation shall be conducted by occupants of a dwelling upon the lot, and The home occupation shall be conducted by occupants of a dwelling upon the lot, and The home occupation shall be conducted by occupants of a dwelling upon the lot, and
not more than one additional worker who is not an occupant not more than one additional worker who is not an occupant not more than one additional worker who is not an occupant not more than one additional worker who is not an occupant of a dwelling upon the lot.of a dwelling upon the lot.of a dwelling upon the lot.of a dwelling upon the lot.
There shall be no exterior storage of material or equipment, unless effectively screened There shall be no exterior storage of material or equipment, unless effectively screened There shall be no exterior storage of material or equipment, unless effectively screened There shall be no exterior storage of material or equipment, unless effectively screened
by a wall, fence or densely planted vegetative buffer.by a wall, fence or densely planted vegetative buffer.by a wall, fence or densely planted vegetative buffer.by a wall, fence or densely planted vegetative buffer.
The gross floor area used in connection with the home occupation shall not exceed 80The gross floor area used in connection with the home occupation shall not exceed 80The gross floor area used in connection with the home occupation shall not exceed 80The gross floor area used in connection with the home occupation shall not exceed 800 0 0 0
square feet, not more than 200 square feet of which shall be used for retail sales.square feet, not more than 200 square feet of which shall be used for retail sales.square feet, not more than 200 square feet of which shall be used for retail sales.square feet, not more than 200 square feet of which shall be used for retail sales.
The home occupation, as projected, shall not generate an average daily traffic The home occupation, as projected, shall not generate an average daily traffic The home occupation, as projected, shall not generate an average daily traffic The home occupation, as projected, shall not generate an average daily traffic
generation during the months of June through September that exceeds 14 vehicle trips generation during the months of June through September that exceeds 14 vehicle trips generation during the months of June through September that exceeds 14 vehicle trips generation during the months of June through September that exceeds 14 vehicle trips
per daper daper daper day.y.y.y.
A use permit shall be obtained from the Building Commissioner for the home A use permit shall be obtained from the Building Commissioner for the home A use permit shall be obtained from the Building Commissioner for the home A use permit shall be obtained from the Building Commissioner for the home
occupation.occupation.occupation.occupation.
There shall be no retail sales except of commodities prepared, crafted or otherwise There shall be no retail sales except of commodities prepared, crafted or otherwise There shall be no retail sales except of commodities prepared, crafted or otherwise There shall be no retail sales except of commodities prepared, crafted or otherwise
produced upon the lot.produced upon the lot.produced upon the lot.produced upon the lot.
Special permit relief. A special permit may be granted by tSpecial permit relief. A special permit may be granted by tSpecial permit relief. A special permit may be granted by tSpecial permit relief. A special permit may be granted by the special permit granting he special permit granting he special permit granting he special permit granting
authority for a home occupation (including multiple home occupations upon the same lot, authority for a home occupation (including multiple home occupations upon the same lot, authority for a home occupation (including multiple home occupations upon the same lot, authority for a home occupation (including multiple home occupations upon the same lot,
collectively) which employs more than one nonresident of the lot, or which conducts retail collectively) which employs more than one nonresident of the lot, or which conducts retail collectively) which employs more than one nonresident of the lot, or which conducts retail collectively) which employs more than one nonresident of the lot, or which conducts retail
sales in a gross floor area exceeding 200 square fsales in a gross floor area exceeding 200 square fsales in a gross floor area exceeding 200 square fsales in a gross floor area exceeding 200 square feet, provided that all of the other eet, provided that all of the other eet, provided that all of the other eet, provided that all of the other
requirements are met and the criteria for the granting of a special permit under §requirements are met and the criteria for the granting of a special permit under §requirements are met and the criteria for the granting of a special permit under §requirements are met and the criteria for the granting of a special permit under § 139139139139----30 are 30 are 30 are 30 are
met, and a home occupation for which a special permit is granted hereunder shall be met, and a home occupation for which a special permit is granted hereunder shall be met, and a home occupation for which a special permit is granted hereunder shall be met, and a home occupation for which a special permit is granted hereunder shall be
subject to the provisions for minor site psubject to the provisions for minor site psubject to the provisions for minor site psubject to the provisions for minor site plan review under §lan review under §lan review under §lan review under § 139139139139----23. [Added 423. [Added 423. [Added 423. [Added 4----15151515----2003 ATM 2003 ATM 2003 ATM 2003 ATM
by Art. 49, AG approval 8by Art. 49, AG approval 8by Art. 49, AG approval 8by Art. 49, AG approval 8----27272727----2003]2003]2003]2003]
HOTEL HOTEL HOTEL HOTEL or INNor INNor INNor INN ———— A building or buildings on a lot A building or buildings on a lot A building or buildings on a lot A building or buildings on a lot (not a dormitory)(not a dormitory)(not a dormitory)(not a dormitory) containing a commercial containing a commercial containing a commercial containing a commercial
kitchen and kitchen and kitchen and kitchen and five or more five or more five or more five or more rental sleeping units without respective kitchens, primarirental sleeping units without respective kitchens, primarirental sleeping units without respective kitchens, primarirental sleeping units without respective kitchens, primarily the ly the ly the ly the
temporary abode of persons who have a permanent residence elsewhere. temporary abode of persons who have a permanent residence elsewhere. temporary abode of persons who have a permanent residence elsewhere. temporary abode of persons who have a permanent residence elsewhere.
INCLUSIONARY UNIT INCLUSIONARY UNIT INCLUSIONARY UNIT INCLUSIONARY UNIT ———— Any rental dwelling unit required pursuant to § Any rental dwelling unit required pursuant to § Any rental dwelling unit required pursuant to § Any rental dwelling unit required pursuant to § 139139139139----11J whose 11J whose 11J whose 11J whose
rent, excluding utilities, does not exceed 30% of the rent, excluding utilities, does not exceed 30% of the rent, excluding utilities, does not exceed 30% of the rent, excluding utilities, does not exceed 30% of the grossgrossgrossgross income of an income of an income of an income of an employee occupantemployee occupantemployee occupantemployee occupant
eligibeligibeligibeligible household; or any ownerle household; or any ownerle household; or any ownerle household; or any owner----occupied dwelling unit, the initial sales price of which does occupied dwelling unit, the initial sales price of which does occupied dwelling unit, the initial sales price of which does occupied dwelling unit, the initial sales price of which does
not exceed the following limits: [Amended 11not exceed the following limits: [Amended 11not exceed the following limits: [Amended 11not exceed the following limits: [Amended 11----13131313----1990 STM by Art. 18, AG approval 31990 STM by Art. 18, AG approval 31990 STM by Art. 18, AG approval 31990 STM by Art. 18, AG approval 3----19191919----
1991199119911991]]]]
Page 60
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Unit SizeUnit SizeUnit SizeUnit Size LimitLimitLimitLimit
StudioStudioStudioStudio $55,000$55,000$55,000$55,000
1111----bedroombedroombedroombedroom $65,000$65,000$65,000$65,000
2222----bedroombedroombedroombedroom $75,000$75,000$75,000$75,000
3333----bebebebedroomdroomdroomdroom $85,000$85,000$85,000$85,000
4444----bedroombedroombedroombedroom $95,000$95,000$95,000$95,000
provided, however, that $10,000 may be added to the unit sales price limit provided, however, that $10,000 may be added to the unit sales price limit provided, however, that $10,000 may be added to the unit sales price limit provided, however, that $10,000 may be added to the unit sales price limit
for inclusionary units which are singlefor inclusionary units which are singlefor inclusionary units which are singlefor inclusionary units which are single----family detached homes with two family detached homes with two family detached homes with two family detached homes with two
bedrooms or more.bedrooms or more.bedrooms or more.bedrooms or more.
LODGING, ROOMING OR GUEST HOUSE LODGING, ROOMING OR GUEST HOUSE LODGING, ROOMING OR GUEST HOUSE LODGING, ROOMING OR GUEST HOUSE ———— A building or building A building or building A building or building A building or buildings on a lot s on a lot s on a lot s on a lot in which in which in which in which
lodgings are let to five or more persons not within the second degree of kindred to a lodgings are let to five or more persons not within the second degree of kindred to a lodgings are let to five or more persons not within the second degree of kindred to a lodgings are let to five or more persons not within the second degree of kindred to a
resident owner or manager, orresident owner or manager, orresident owner or manager, orresident owner or manager, or containing containing containing containing four or morefour or morefour or morefour or more rental sleeping units without rental sleeping units without rental sleeping units without rental sleeping units without
respective kitchens, and not having a commercial kitchenrespective kitchens, and not having a commercial kitchenrespective kitchens, and not having a commercial kitchenrespective kitchens, and not having a commercial kitchen...., , , , primariprimariprimariprimarily the temporary abode of ly the temporary abode of ly the temporary abode of ly the temporary abode of
persons who have a permanent residence elsewherepersons who have a permanent residence elsewherepersons who have a permanent residence elsewherepersons who have a permanent residence elsewhere
MOTEL MOTEL MOTEL MOTEL ———— A hotel primarily for transients with access to each such unit directly from the A hotel primarily for transients with access to each such unit directly from the A hotel primarily for transients with access to each such unit directly from the A hotel primarily for transients with access to each such unit directly from the
outside.outside.outside.outside.
MARITIME SERVICE STAMARITIME SERVICE STAMARITIME SERVICE STAMARITIME SERVICE STATION TION TION TION –––– A marine establishment which may include, but not be A marine establishment which may include, but not be A marine establishment which may include, but not be A marine establishment which may include, but not be
llllimited to, boat fuel sales, boat sales, boat rental, boat construction, boat maintenance, imited to, boat fuel sales, boat sales, boat rental, boat construction, boat maintenance, imited to, boat fuel sales, boat sales, boat rental, boat construction, boat maintenance, imited to, boat fuel sales, boat sales, boat rental, boat construction, boat maintenance,
repair, and incidental painting, and marine equipment sales or rental.repair, and incidental painting, and marine equipment sales or rental.repair, and incidental painting, and marine equipment sales or rental.repair, and incidental painting, and marine equipment sales or rental.
MULTIMULTIMULTIMULTI----FAMILY DWELLING FAMILY DWELLING FAMILY DWELLING FAMILY DWELLING ———— A building(s), structure(s) or area(s) within a building(s) or A building(s), structure(s) or area(s) within a building(s) or A building(s), structure(s) or area(s) within a building(s) or A building(s), structure(s) or area(s) within a building(s) or
structstructstructstructure(s) that contains three or four dwelling units on a lot subject to conditions set forth ure(s) that contains three or four dwelling units on a lot subject to conditions set forth ure(s) that contains three or four dwelling units on a lot subject to conditions set forth ure(s) that contains three or four dwelling units on a lot subject to conditions set forth
in §in §in §in § 139139139139----8888 12121212. [Added 4. [Added 4. [Added 4. [Added 4----10101010----2000 ATM by Art. 33, AG approval 82000 ATM by Art. 33, AG approval 82000 ATM by Art. 33, AG approval 82000 ATM by Art. 33, AG approval 8----2222----2000; amended 102000; amended 102000; amended 102000; amended 10----10101010----
2001 STM by Art. 5, AG approval 12001 STM by Art. 5, AG approval 12001 STM by Art. 5, AG approval 12001 STM by Art. 5, AG approval 1----24242424----2002] 2002] 2002] 2002]
NANTUCKET HOUSING NEEDS COVENANTNANTUCKET HOUSING NEEDS COVENANTNANTUCKET HOUSING NEEDS COVENANTNANTUCKET HOUSING NEEDS COVENANT----OWOWOWOWNERSHIP FORM NERSHIP FORM NERSHIP FORM NERSHIP FORM ———— Shall mean a Shall mean a Shall mean a Shall mean a
covenant affecting the title to real property, created pursuant to Chapter 100 of the Code of covenant affecting the title to real property, created pursuant to Chapter 100 of the Code of covenant affecting the title to real property, created pursuant to Chapter 100 of the Code of covenant affecting the title to real property, created pursuant to Chapter 100 of the Code of
the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and
ownership of real property not held as a conownership of real property not held as a conownership of real property not held as a conownership of real property not held as a condominium (the "NHNCdominium (the "NHNCdominium (the "NHNCdominium (the "NHNC----Ownership Form").Ownership Form").Ownership Form").Ownership Form").
ORIGINAL LOT ORIGINAL LOT ORIGINAL LOT ORIGINAL LOT ———— An existing lot, conforming to the dimensional requirements of § An existing lot, conforming to the dimensional requirements of § An existing lot, conforming to the dimensional requirements of § An existing lot, conforming to the dimensional requirements of § 139139139139----8D, 8D, 8D, 8D,
and other applicable requirements hereof, dividable into a primary lot and a secondary lot and other applicable requirements hereof, dividable into a primary lot and a secondary lot and other applicable requirements hereof, dividable into a primary lot and a secondary lot and other applicable requirements hereof, dividable into a primary lot and a secondary lot
pursuant to §pursuant to §pursuant to §pursuant to § 139139139139----8D.8D.8D.8D.
PERSONAL SERVICPERSONAL SERVICPERSONAL SERVICPERSONAL SERVICES ES ES ES –––– E E E Establishments providing frequent or recurrent needed stablishments providing frequent or recurrent needed stablishments providing frequent or recurrent needed stablishments providing frequent or recurrent needed
specialized nonspecialized nonspecialized nonspecialized non----medically related services, includingmedically related services, includingmedically related services, includingmedically related services, including, but not limited to:, but not limited to:, but not limited to:, but not limited to: beauty and barber beauty and barber beauty and barber beauty and barber
shops, clothing rental, garment repair shops, clothing rental, garment repair shops, clothing rental, garment repair shops, clothing rental, garment repair shopsshopsshopsshops, shoe repair shops, tanning salons, , shoe repair shops, tanning salons, , shoe repair shops, tanning salons, , shoe repair shops, tanning salons,
photographic studios, pphotographic studios, pphotographic studios, pphotographic studios, psychic readers, tattoo or body piercing studio, sychic readers, tattoo or body piercing studio, sychic readers, tattoo or body piercing studio, sychic readers, tattoo or body piercing studio, or upholster shopor upholster shopor upholster shopor upholster shop. . . .
These uses may also include accessory retail sales of products related to the services These uses may also include accessory retail sales of products related to the services These uses may also include accessory retail sales of products related to the services These uses may also include accessory retail sales of products related to the services
provided. provided. provided. provided. No personal service establishment shall exceed 3,000 square feet of floor area, No personal service establishment shall exceed 3,000 square feet of floor area, No personal service establishment shall exceed 3,000 square feet of floor area, No personal service establishment shall exceed 3,000 square feet of floor area,
and the aand the aand the aand the aggregation of such service establishments on a lot (or on contiguous lots in one ggregation of such service establishments on a lot (or on contiguous lots in one ggregation of such service establishments on a lot (or on contiguous lots in one ggregation of such service establishments on a lot (or on contiguous lots in one
ownership) shall not exceed 4,000 square feet of floor area.ownership) shall not exceed 4,000 square feet of floor area.ownership) shall not exceed 4,000 square feet of floor area.ownership) shall not exceed 4,000 square feet of floor area.
Page 61
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
PRIMARY DWELLING PRIMARY DWELLING PRIMARY DWELLING PRIMARY DWELLING –––– A A A A detached single family dwelling unit or the portion of a structure detached single family dwelling unit or the portion of a structure detached single family dwelling unit or the portion of a structure detached single family dwelling unit or the portion of a structure
that contains a single dwthat contains a single dwthat contains a single dwthat contains a single dwelling unit.elling unit.elling unit.elling unit.
PRIMARY LOT PRIMARY LOT PRIMARY LOT PRIMARY LOT ———— The larger of the lots created by the division of the original lot pursuant to The larger of the lots created by the division of the original lot pursuant to The larger of the lots created by the division of the original lot pursuant to The larger of the lots created by the division of the original lot pursuant to
§§§§ 139139139139----8D.8D.8D.8D.
RECREATIONAL FACILITRECREATIONAL FACILITRECREATIONAL FACILITRECREATIONAL FACILITY Y Y Y –––– Golf courses, tennis, paddle, and racquet courts, bowling Golf courses, tennis, paddle, and racquet courts, bowling Golf courses, tennis, paddle, and racquet courts, bowling Golf courses, tennis, paddle, and racquet courts, bowling
alleys, fitness centers, or the like, including any usesalleys, fitness centers, or the like, including any usesalleys, fitness centers, or the like, including any usesalleys, fitness centers, or the like, including any uses ancillary to the recreational facility. In ancillary to the recreational facility. In ancillary to the recreational facility. In ancillary to the recreational facility. In
the Rthe Rthe Rthe R----10 district only, the recreational facility may include accessory uses such as a 10 district only, the recreational facility may include accessory uses such as a 10 district only, the recreational facility may include accessory uses such as a 10 district only, the recreational facility may include accessory uses such as a
restaurant, catering facility, snack bar, or pro shop that operate independently from the restaurant, catering facility, snack bar, or pro shop that operate independently from the restaurant, catering facility, snack bar, or pro shop that operate independently from the restaurant, catering facility, snack bar, or pro shop that operate independently from the
recreational facility. recreational facility. recreational facility. recreational facility.
SESESESECONDARY DWELLING CONDARY DWELLING CONDARY DWELLING CONDARY DWELLING –––– A detached single family dwelling unit or garage apartment A detached single family dwelling unit or garage apartment A detached single family dwelling unit or garage apartment A detached single family dwelling unit or garage apartment
located on the same lot as a primary dwelling unit. The ground cover of the secondary located on the same lot as a primary dwelling unit. The ground cover of the secondary located on the same lot as a primary dwelling unit. The ground cover of the secondary located on the same lot as a primary dwelling unit. The ground cover of the secondary
dwelling shall be a minimum of 20% less or more than the primary dwelling with a scalar dwelling shall be a minimum of 20% less or more than the primary dwelling with a scalar dwelling shall be a minimum of 20% less or more than the primary dwelling with a scalar dwelling shall be a minimum of 20% less or more than the primary dwelling with a scalar
sepsepsepseparation between the two of at least 12 feet. A secondary dwelling may only be attached aration between the two of at least 12 feet. A secondary dwelling may only be attached aration between the two of at least 12 feet. A secondary dwelling may only be attached aration between the two of at least 12 feet. A secondary dwelling may only be attached
to the primary dwelling by a breezeway as defined in to the primary dwelling by a breezeway as defined in to the primary dwelling by a breezeway as defined in to the primary dwelling by a breezeway as defined in §§§§ 139139139139----2222. Both units shall be in the . Both units shall be in the . Both units shall be in the . Both units shall be in the
same ownership unless one of the two units is subject to the NHNC. same ownership unless one of the two units is subject to the NHNC. same ownership unless one of the two units is subject to the NHNC. same ownership unless one of the two units is subject to the NHNC. The ownershiThe ownershiThe ownershiThe ownership of a lot p of a lot p of a lot p of a lot
by a condominium cooperative housing corporation, land trust, or other common interest by a condominium cooperative housing corporation, land trust, or other common interest by a condominium cooperative housing corporation, land trust, or other common interest by a condominium cooperative housing corporation, land trust, or other common interest
ownership entity in which there is separate beneficial ownership of the principal and ownership entity in which there is separate beneficial ownership of the principal and ownership entity in which there is separate beneficial ownership of the principal and ownership entity in which there is separate beneficial ownership of the principal and
secondary dwellings on the lot shall not be deemed to constitute "the sasecondary dwellings on the lot shall not be deemed to constitute "the sasecondary dwellings on the lot shall not be deemed to constitute "the sasecondary dwellings on the lot shall not be deemed to constitute "the same legal and me legal and me legal and me legal and
beneficial ownership".beneficial ownership".beneficial ownership".beneficial ownership".
The Planning Board shall make a determination regarding the adequacy of access to the lot The Planning Board shall make a determination regarding the adequacy of access to the lot The Planning Board shall make a determination regarding the adequacy of access to the lot The Planning Board shall make a determination regarding the adequacy of access to the lot
and structures prior to the issuance of a Building Permit. Planning Board approvals and structures prior to the issuance of a Building Permit. Planning Board approvals and structures prior to the issuance of a Building Permit. Planning Board approvals and structures prior to the issuance of a Building Permit. Planning Board approvals
granted after April 8,1996 shall be valid fgranted after April 8,1996 shall be valid fgranted after April 8,1996 shall be valid fgranted after April 8,1996 shall be valid for a period of two years from the date of plan or a period of two years from the date of plan or a period of two years from the date of plan or a period of two years from the date of plan
endorsement.endorsement.endorsement.endorsement.
The principal purpose of secondary dwellings is to create housing opportunities through the The principal purpose of secondary dwellings is to create housing opportunities through the The principal purpose of secondary dwellings is to create housing opportunities through the The principal purpose of secondary dwellings is to create housing opportunities through the
provision of affordable rental housing for year round residents, including senior citizens, provision of affordable rental housing for year round residents, including senior citizens, provision of affordable rental housing for year round residents, including senior citizens, provision of affordable rental housing for year round residents, including senior citizens,
while afforwhile afforwhile afforwhile affording the owner of the primary residence with the opportunity to generate ding the owner of the primary residence with the opportunity to generate ding the owner of the primary residence with the opportunity to generate ding the owner of the primary residence with the opportunity to generate
supplemental income. The intent of this supplemental income. The intent of this supplemental income. The intent of this supplemental income. The intent of this provisionprovisionprovisionprovision is also that one of the two dwellings be is also that one of the two dwellings be is also that one of the two dwellings be is also that one of the two dwellings be
designed and constructed at such scale and bulk so as to be clearly subordinate in both designed and constructed at such scale and bulk so as to be clearly subordinate in both designed and constructed at such scale and bulk so as to be clearly subordinate in both designed and constructed at such scale and bulk so as to be clearly subordinate in both
useuseuseuse and appearanc and appearanc and appearanc and appearance.e.e.e.
SECONDARY LOT SECONDARY LOT SECONDARY LOT SECONDARY LOT ———— The smaller of the lots created by the division of the original lot The smaller of the lots created by the division of the original lot The smaller of the lots created by the division of the original lot The smaller of the lots created by the division of the original lot
pursuant to §pursuant to §pursuant to §pursuant to § 139139139139----8D. The secondary lot shall be subject to an NHNC8D. The secondary lot shall be subject to an NHNC8D. The secondary lot shall be subject to an NHNC8D. The secondary lot shall be subject to an NHNC----Ownership Form.Ownership Form.Ownership Form.Ownership Form.
TENT TENT TENT TENT –––– A A A A portable enclosure constructed of fabric, plastic, or a simportable enclosure constructed of fabric, plastic, or a simportable enclosure constructed of fabric, plastic, or a simportable enclosure constructed of fabric, plastic, or a similar pliable material ilar pliable material ilar pliable material ilar pliable material
supported by one or more poles and secured by pegs in the ground. supported by one or more poles and secured by pegs in the ground. supported by one or more poles and secured by pegs in the ground. supported by one or more poles and secured by pegs in the ground. Tents shall not be Tents shall not be Tents shall not be Tents shall not be
erected for periods exceeding 30 days per calendar year, however, tents which in the erected for periods exceeding 30 days per calendar year, however, tents which in the erected for periods exceeding 30 days per calendar year, however, tents which in the erected for periods exceeding 30 days per calendar year, however, tents which in the
aggregate exceed 150 square feet shall not be erected for more taggregate exceed 150 square feet shall not be erected for more taggregate exceed 150 square feet shall not be erected for more taggregate exceed 150 square feet shall not be erected for more than 3 events per year or han 3 events per year or han 3 events per year or han 3 events per year or
periods exceeding 9 days per year, whichever is less, on properties where the principal use periods exceeding 9 days per year, whichever is less, on properties where the principal use periods exceeding 9 days per year, whichever is less, on properties where the principal use periods exceeding 9 days per year, whichever is less, on properties where the principal use
is residential unless a special permit from the Board of Appeals has been issued based on is residential unless a special permit from the Board of Appeals has been issued based on is residential unless a special permit from the Board of Appeals has been issued based on is residential unless a special permit from the Board of Appeals has been issued based on
a determination that the use is ancillary to the a determination that the use is ancillary to the a determination that the use is ancillary to the a determination that the use is ancillary to the residential use of the property and not a residential use of the property and not a residential use of the property and not a residential use of the property and not a
commercial use. commercial use. commercial use. commercial use.
Page 62
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
TRANSIENT RESIDENTIAL FACILITIES TRANSIENT RESIDENTIAL FACILITIES TRANSIENT RESIDENTIAL FACILITIES TRANSIENT RESIDENTIAL FACILITIES ———— Hotels, Hotels, Hotels, Hotels, motels, innsmotels, innsmotels, innsmotels, inns; rooming, lodging or guest ; rooming, lodging or guest ; rooming, lodging or guest ; rooming, lodging or guest
houses; and timehouses; and timehouses; and timehouses; and time----sharing or timesharing or timesharing or timesharing or time----intervalintervalintervalinterval----ownership dwelling unitownership dwelling unitownership dwelling unitownership dwelling unit(s)(s)(s)(s) or dwelling, dwelling or dwelling, dwelling or dwelling, dwelling or dwelling, dwelling
units or dwellings. units or dwellings. units or dwellings. units or dwellings.
5.5.5.5. TTTTo insert in section 7 the following:o insert in section 7 the following:o insert in section 7 the following:o insert in section 7 the following:
A.A.A.A. Use Chart Use Chart Use Chart Use Chart
NNNN = No= No= No= No
YYYY = Yes= Yes= Yes= Yes
SP SP SP SP = Special Permit issued by Zoning Board of Appeals, = Special Permit issued by Zoning Board of Appeals, = Special Permit issued by Zoning Board of Appeals, = Special Permit issued by Zoning Board of Appeals,
unless the Planning Board is designated as the unless the Planning Board is designated as the unless the Planning Board is designated as the unless the Planning Board is designated as the
special permit granting authority pursuant to special permit granting authority pursuant to special permit granting authority pursuant to special permit granting authority pursuant to
another section of this chapter.another section of this chapter.another section of this chapter.another section of this chapter.
AAAA = Accessory Use as defined in §= Accessory Use as defined in §= Accessory Use as defined in §= Accessory Use as defined in § 139139139139----15151515
FBED = Formula Business Exclusion DistrictFBED = Formula Business Exclusion DistrictFBED = Formula Business Exclusion DistrictFBED = Formula Business Exclusion District
Page 63
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town
Residential
Districts
Use
R-1
SR-1
ROH
SOH
R-
5
R-10
SR-10
R-20
SR-20
R-
40
Primary dwelling Y Y Y Y Y Y
Secondary dwelling Y Y Y Y Y Y
Accessory dwelling apartment Y Y Y Y Y Y
Apartment N N N N N N
Garage Apartment Y Y Y Y Y Y
Duplex Y R-1
N SR-1 N Y Y R-10
N SR-10 N N
Elder housing facilities SP SP SP SP SP SP
Studio A A A A A A
Home Occupations Y Y Y Y Y Y
Greenhouses for personal use Y Y Y Y Y Y
Keeping of pets and farm animals for
personal use Y Y Y Y Y Y
Retail sales N N N N N N
Convenience store N N N N N N
Alcohol sales N N N N N N
Bakery N N N N N N
Open air market N N N N N N
Pharmacy N N N N N N
Supermarket N N N N N N
Restaurants
Small (up to 70 seats) N N N N N N
Large (71-200 seats) N N N N N N
Take out food establishment N N N N N N
Drive-through take-out food N N N N N N
Tavern/Bar N N N N N N
Formula businesses
Retail N N N N N N
Restaurant
Small (up to 70 seats) N N N N N N
Large (71-200 seats) N N N N N N
Take out food establishment N N N N N N
Tavern/Bar N N N N N N
Offices N N N N N N
Theatres, auditoriums, or other places
of public assembly N N N N N N
Personal Services SP SP SP SP SP SP
Print shop N N N N N N
Laudromat or dry-cleaning
establishment N N N N N N
Bank N N N N N N
Automated teller machine N N N N N N Residential Business Commercial
Page 64
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town
Residential
Districts
Use
R-1
SR-1
ROH
SOH
R-
5
R-10
SR-10
R-20
SR-20
R-
40
Arcade N N N N N N
Art gallery N N N N N N
Museum N N N N N N
Catering N N N N N N
Crematorium N N N N N N
Funeral home SP SP SP SP N N
Health spa N N N N N N
Medical clinic N N N N N N
Hospital N N N N N N
Transient residential facilities
Hotel or inn N N N N N N
Rooming, lodging, or guest house N N N N N N
Time-sharing/Interval dwelling units N N N N N N
Contractor shop N N N N N N
Landscape contractor N N N N N N
Light manufacturing N N N N N N
Food processing N N N N N N
Interior or exterior storage or
warehousing N N N N N N
Motor vehicle sales N N N N N N
Motor vehicle rental N N N N N N
Motor vehicle repair or painting N N N N N N
Motor vehicle service station N N N N N N
Motor vehicle parking lots or structures N N N N N N
Car wash N N N N N N
Taxi cab business N N N N N N
Bicycle rental or sale N N N N N N
Maritime service station N N N N N N
Yacht/Sailing clubs and marinas N N N N N N
Adult uses N N N N N N
Asphalt/Batching plant N N N N N N
Licensed junkyard N N N N N N
Transfer station N N N N N N
Petroleum product storage or
distribution facility (i.e. tank farm) N N N N N N
Utility production/distribution
(does not include WECS) N N N N N N
Mining N N N N N N
Truck/bus terminal N N N N N N
Boat related storage N N N N N N
Preservation of a lot in its natural
condition Y Y Y Y Y Y
Orchards or nurseries Y Y Y Y Y Y
Farms Y Y Y Y Y Y
Truck gardens Y Y Y Y Y Y
Care and propagation of fish and
shellfish Y Y Y Y Y Y
All agricultural uses allowed by
Ch. 590 of the Acts of 1989,
effective 3-8-1990
Y Y Y Y Y Y Commercial Industrial Industrial Other
Page 65
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town
Residential
Districts
Use
R-1
SR-1
ROH
SOH
R-
5
R-10
SR-10
R-20
SR-20
R-
40
Cemeteries Y Y Y Y Y Y
Municipal Uses (Any) Y Y Y Y Y Y
Tents Y Y Y Y Y Y
Day-care center (add definition in 139-2) Y Y Y Y Y Y
Kennel SP SP SP SP SP SP
Public stable SP SP SP SP SP SP
Employer dormitory SP SP SP SP SP SP
Recreational facilities SP SP SP SP SP SP
Club N N N SP SP SP
Page 66
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town
Commercial
Districts
Use
CDT CMI CN CTEC CI RC RC-2 LC
Primary dwelling Y A A A A Y N Y Y Y
Secondary dwelling Y N N N N Y Y Y
Accessory dwelling Y Y Y Y N Y Y Y
Apartment Y Y Y Y N N Y N Y N Y N
Garage Apartment Y Y Y Y Y Y Y Y
Duplex Y Y A Y N Y Y Y
Elder housing facilities N SP N N N SP SP SP
Studio Y Y Y Y N Y Y Y
Home Occupations Y Y Y Y Y Y Y Y
Greenhouses for personal use Y Y Y Y Y Y Y Y
Keeping of pets and farm animals for
personal use Y Y Y Y Y Y Y Y
Retail sales Y Y Y A A Y Y Y
Convenience store Y Y Y N N Y Y SP
Alcohol sales Y Y SP/A N N Y Y SP
Bakery Y Y Y Y N SP/A SP/A A
Open air market Y Y Y N N Y Y N
Pharmacy Y Y Y N N Y Y SP
Supermarket Y Y SP N N Y Y SP
Restaurants
Small (up to 70 seats) Y Y SP N N Y Y SP
Large (71-200 seats) SP SP N N N Y Y SP
Take out food establishment Y Y SP/A N N SP SP N
Drive-through take-out food N N SP N N SP SP N
Tavern/Bar Y Y SP/A N N SP SP N
Formula businesses
Retail N Y Y N N Y/N in
FBED Y SP/N in
FBED
Restaurant
Small (up to 70 seats) N SP SP N N Y/N in
FBED SP SP/N in
FBED
Large (71-200 seats) N SP N N N Y/N in
FBED SP SP/N in
FBED
Take out food establishment N SP SP N N Y/N in
FBED SP N
Tavern/Bar N SP SP N N Y/N in
FBED SP N
Offices Y Y Y A A Y Y SP
Theatres, auditoriums, or other places
Of public assembly Y SP SP N N Y Y N
Personal Services Y Y Y A N Y Y SP
Print shop Y Y Y Y N SP SP N
Laudromat or dry-cleaning
establishment SP SP SP SP N SP SP N
Bank Y Y Y N N Y Y SP
Automated teller machine Y/A Y/A Y/A N N Y Y SP Residential Business Commercial
Page 67
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town
Commercial
Districts
Use
CDT CMI CN CTEC CI RC RC-2 LC
Arcade N SP/A SP/A N N A A A
Art gallery Y Y Y N N SP SP SP
Museum Y N SP N N Y Y N
Catering N Y Y Y N SP/A SP/A A
Crematorium N N N N Y A A A
Funeral home Y Y Y N N Y Y Y
Health spa Y Y Y N N Y Y Y
Medical clinic N SP SP N N Y Y SP
Hospital N N Y N N N N N
Transient residential facilities
Hotel or inn SP SP SP N N Y N SP
Rooming, lodging, or guest house Y Y Y N N Y N Y
Time-sharing/Interval dwelling units Y Y Y N N Y N Y
Contractor shop N N SP Y Y SP SP N
Landscape contractor N N SP Y Y SP SP N
Light manufacturing N N A SP/A Y SP SP N
Food processing N N SP SP Y SP SP N
Interior or exterior storage or
warehousing N N A SP/A Y SP SP N
Motor vehicle sales N SP SP N SP SP SP N
Motor vehicle rental Y N SP N N SP SP N
Motor vehicle repair or painting N SP SP SP Y SP SP N
Motor vehicle service station N SP SP SP N SP SP N
Motor vehicle parking lots or structures Y Y Y SP N Y Y N
Car wash N SP N N SP SP SP N
Taxi cab business N Y Y Y N SP SP N
Bicycle rental or sale Y N N SP N SP SP N
Maritime service station Y Y Y Y Y Y Y SP
Yacht/Sailing clubs and marinas Y N N N N Y Y SP
Adult uses N N N N SP N SP N
Asphalt/Batching plant N N N N Y SP SP N
Licensed junkyard N N N N SP SP SP N
Transfer station N N N N SP N N N
Petroleum product storage or
distribution
facility (i.e. tank farm)
N N N N Y SP SP N
Utility production/distribution
(does not include WECS) SP SP SP SP Y SP SP N
Mining N N N N Y SP SP N
Truck/bus terminal N N N SP Y SP SP N
Boat related storage N N SP Y Y Y Y N
Preservation of a lot in its natural
condition Y Y Y Y Y Y Y Y
Orchards or nurseries Y Y Y Y Y Y Y Y
Farms Y Y Y Y Y Y Y Y
Truck gardens Y Y Y Y Y Y Y Y
Care and propagation of fish and
shellfish Y Y Y Y Y Y Y Y
All agricultural uses allowed by
Ch. 590 of the Acts of 1989,
effective 3-8-1990
Y Y Y Y Y Y Y Y Commercial Industrial Industrial Other
Page 68
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Town
Commercial
Districts
Use
CDT CMI CN CTEC CI RC RC-2 LC
Cemeteries Y Y Y Y Y Y Y Y
Municipal Uses (Any) Y Y Y Y Y Y Y Y
Tents Y Y Y Y Y Y Y Y
Day-care center (add definition in 139-
2) Y Y Y Y Y Y Y Y
Kennel SP SP SP SP SP SP SP SP
Public stable SP SP SP SP SP SP SP SP
Employer dormitory SP SP SP SP SP SP SP SP
Recreational facilities SP SP SP SP SP SP SP SP
Club Y Y Y Y N Y Y Y
Page 69
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Country
Residential
Districts
Country
Commercial
Districts
Use
V-
R LUG-1 LUG-2 LUG-3 MMD VN VTEC
Primary dwelling Y Y Y Y Y A A
Secondary dwelling Y Y Y Y Y N N
Accessory dwelling Y Y Y Y Y Y Y
Apartment N N N N N N N
Garage Apartment Y Y Y Y Y Y Y
Duplex N N N N N N N
Elder housing facilities SP SP SP SP N N N
Studio A A A A A Y Y
Home Occupations Y Y Y Y Y Y Y
Greenhouses for personal use Y Y Y Y Y Y Y
Keeping of pets and farm animals for
personal use Y Y Y Y Y Y Y
Retail sales N N N N N Y A
Convenience store N N N N N SP N
Alcohol sales N N N N N A A
Bakery N N N N N Y A/SP
Open air market N N N N N Y Y
Pharmacy N N N N N N N
Supermarket N N N N N N N
Restaurants
Small (up to 70 seats) N N N N N SP N
Large (71-200 seats) N N N N N N N
Take out food establishment N N N N N A N
Drive-through take-out food N N N N N N N
Tavern/Bar N N N N N A A
Formula businesses
Retail N N N N N N N
Restaurant
Small (up to 70 seats) N N N N N N N
Large (71-200 seats) N N N N N N N
Take out food establishment N N N N N N N
Tavern/Bar N N N N N N N
Offices N N N N N Y A
Theatres, auditoriums, or other places of
public assembly N N N N N A A/SP
Personal Services N N N N N Y SP
Print shop N N N N N N N
Laudromat or dry-cleaning establishment N N N N N SP N
Bank N N N N N N N
Automated teller machine N N N N N A A
Arcade N N N N N N N Residential Business Commercial
Page 70
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Country
Residential
Districts
Country
Commercial
Districts
Use
V-
R LUG-1 LUG-2 LUG-3 MMD VN VTEC
Art gallery N N N N N Y Y
Museum N N N SP N SP N
Catering N N N N N A A
Crematorium N N N SP N N N
Funeral home N N N N N N N
Health spa N N N N N N N
Medical clinic N N N N N N N
Hospital N N N N N N N
Transient residential facilities
Hotel or inn N N N N N N N
Rooming, lodging, or guest house N N N N N SP N
Time-sharing/Interval dwelling units N N N N N Y N
Contractor shop N N N N N N A
Landscape contractor N N N N N N Y SP
Light manufacturing N N N N N SP/A SP/A
Food processing N N N N N N SP
Interior or exterior storage or warehousing N N N N N A SP/A
Motor vehicle sales N N N N N N N
Motor vehicle rental N N N N N N N
Motor vehicle repair or painting N N N N N N N
Motor vehicle service station N N N N N N N
Motor vehicle parking lots or structures N N N N N N N
Car wash N N N N N N N
Taxi cab business N N N N N N N
Bicycle rental or sale N N N N N SP N
Maritime service station N N N N N N SP
Yacht/Sailing clubs and marinas N N N N N N SP
Adult uses N N N N N N N
Asphalt/Batching plant N N N N N N N
Licensed junkyard N N N N N N N
Transfer station N N N N N N N
Petroleum product storage or distribution
facility (i.e. tank farm) N N N N N N N
Utility production/distribution
(does not include WECS) N N N N N N N
Mining N N N N N N N
Truck/bus terminal N N N N N N N
Boat related storage N N N N N N SP
Preservation of a lot in its natural
condition Y Y Y Y Y Y Y
Orchards or nurseries Y Y Y Y Y Y Y
Farms Y Y Y Y Y Y Y
Truck gardens Y Y Y Y Y Y Y
Care and propagation of fish and shellfish Y Y Y Y Y Y Y
All agricultural uses allowed by
Ch. 590 of the Acts of 1989,
effective 3-8-1990
Y Y Y Y Y Y Y
Cemeteries Y Y Y Y Y Y Y
Municipal Uses (Any) Y Y Y Y Y Y Y
Tents Y Y Y Y Y Y Y Commercial Industrial Industrial Other
Page 71
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Country
Residential
Districts
Country
Commercial
Districts
Use
V-
R LUG-1 LUG-2 LUG-3 MMD VN VTEC
Day-care center (add definition in 139-2) Y Y Y Y Y Y Y
Kennel SP SP SP SP SP SP SP
Public stable SP SP SP SP SP SP SP
Employer dormitory SP SP SP SP SP SP SP
Recreational facilities SP SP SP SP SP SP SP
Club N SP SP SP N SP SP
B.B.B.B. Prohibited uses in all districts. Notwithstanding any other provisions of this chapter, Prohibited uses in all districts. Notwithstanding any other provisions of this chapter, Prohibited uses in all districts. Notwithstanding any other provisions of this chapter, Prohibited uses in all districts. Notwithstanding any other provisions of this chapter,
the following uses shall be prthe following uses shall be prthe following uses shall be prthe following uses shall be prohibited in all districts:ohibited in all districts:ohibited in all districts:ohibited in all districts:
(1)(1)(1)(1) More than two dwellings or dwelling units per lot except as otherwise allowed in More than two dwellings or dwelling units per lot except as otherwise allowed in More than two dwellings or dwelling units per lot except as otherwise allowed in More than two dwellings or dwelling units per lot except as otherwise allowed in
this chapter. [Amended 4this chapter. [Amended 4this chapter. [Amended 4this chapter. [Amended 4----10101010----2000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 8----2222----2000; 42000; 42000; 42000; 4----15151515----
2003 ATM by Art. 31, AG approval 82003 ATM by Art. 31, AG approval 82003 ATM by Art. 31, AG approval 82003 ATM by Art. 31, AG approval 8----27272727----2003] 2003] 2003] 2003]
(2)(2)(2)(2) Use of a trailer orUse of a trailer orUse of a trailer orUse of a trailer or a building a building a building a building----like container for residential purposes or as a like container for residential purposes or as a like container for residential purposes or as a like container for residential purposes or as a
principal or accessory building or structure except as necessary for storage of principal or accessory building or structure except as necessary for storage of principal or accessory building or structure except as necessary for storage of principal or accessory building or structure except as necessary for storage of
chemicals and/or equipment by the Nantucket Fire Department [Amended 5chemicals and/or equipment by the Nantucket Fire Department [Amended 5chemicals and/or equipment by the Nantucket Fire Department [Amended 5chemicals and/or equipment by the Nantucket Fire Department [Amended 5----5555----
1992 ATM by Art. 51, AG approval 81992 ATM by Art. 51, AG approval 81992 ATM by Art. 51, AG approval 81992 ATM by Art. 51, AG approval 8----3333----1992] 1992] 1992] 1992]
(3)(3)(3)(3) Use of a trailers or buildingUse of a trailers or buildingUse of a trailers or buildingUse of a trailers or building----like containers as a temporary office or for like containers as a temporary office or for like containers as a temporary office or for like containers as a temporary office or for
construction materials storage (permitted only when incidental and accessory to construction materials storage (permitted only when incidental and accessory to construction materials storage (permitted only when incidental and accessory to construction materials storage (permitted only when incidental and accessory to
construction actively underway on the same lot) longer than 12 months total. construction actively underway on the same lot) longer than 12 months total. construction actively underway on the same lot) longer than 12 months total. construction actively underway on the same lot) longer than 12 months total.
(4)(4)(4)(4) Any building oAny building oAny building oAny building or structure or any use of any building, structure or premises which r structure or any use of any building, structure or premises which r structure or any use of any building, structure or premises which r structure or any use of any building, structure or premises which
is injurious, obnoxious, offensive, dangerous or a nuisance to the community or is injurious, obnoxious, offensive, dangerous or a nuisance to the community or is injurious, obnoxious, offensive, dangerous or a nuisance to the community or is injurious, obnoxious, offensive, dangerous or a nuisance to the community or
to the neighborhood through noise vibration, concussion, odors, fumes, smoke, to the neighborhood through noise vibration, concussion, odors, fumes, smoke, to the neighborhood through noise vibration, concussion, odors, fumes, smoke, to the neighborhood through noise vibration, concussion, odors, fumes, smoke,
gases, dust, harmful fluids orgases, dust, harmful fluids orgases, dust, harmful fluids orgases, dust, harmful fluids or substances, danger of fire or explosion or other substances, danger of fire or explosion or other substances, danger of fire or explosion or other substances, danger of fire or explosion or other
objectionable feature detrimental to the community or neighborhood health, objectionable feature detrimental to the community or neighborhood health, objectionable feature detrimental to the community or neighborhood health, objectionable feature detrimental to the community or neighborhood health,
safety, convenience, morals or welfare. safety, convenience, morals or welfare. safety, convenience, morals or welfare. safety, convenience, morals or welfare.
(5)(5)(5)(5) A motor vehicle which is and for the immediately preceding thirtyA motor vehicle which is and for the immediately preceding thirtyA motor vehicle which is and for the immediately preceding thirtyA motor vehicle which is and for the immediately preceding thirty----day period has day period has day period has day period has
been been been been disabled, dismantled or inoperative shall not be stored on any land or lot disabled, dismantled or inoperative shall not be stored on any land or lot disabled, dismantled or inoperative shall not be stored on any land or lot disabled, dismantled or inoperative shall not be stored on any land or lot
unless such vehicle is enclosed within a building or covered by a tarpaulin and unless such vehicle is enclosed within a building or covered by a tarpaulin and unless such vehicle is enclosed within a building or covered by a tarpaulin and unless such vehicle is enclosed within a building or covered by a tarpaulin and
screened from surrounding residential properties by a fence or hedge. screened from surrounding residential properties by a fence or hedge. screened from surrounding residential properties by a fence or hedge. screened from surrounding residential properties by a fence or hedge.
[Amended 4[Amended 4[Amended 4[Amended 4----15151515----2003 ATM by Art. 2003 ATM by Art. 2003 ATM by Art. 2003 ATM by Art. 30, AG approval 830, AG approval 830, AG approval 830, AG approval 8----27272727----2003]2003]2003]2003]
6.6.6.6. To insert in section 8 the following:To insert in section 8 the following:To insert in section 8 the following:To insert in section 8 the following:
A.A.A.A. Exception for cluster development in all districts. [Amended 11Exception for cluster development in all districts. [Amended 11Exception for cluster development in all districts. [Amended 11Exception for cluster development in all districts. [Amended 11----13131313----1990 STM by Art. 1990 STM by Art. 1990 STM by Art. 1990 STM by Art.
19, AG approval 319, AG approval 319, AG approval 319, AG approval 3----19191919----1991] 1991] 1991] 1991]
(1)(1)(1)(1) Purpose. For the purpose of promoting the more efficient use of land in hPurpose. For the purpose of promoting the more efficient use of land in hPurpose. For the purpose of promoting the more efficient use of land in hPurpose. For the purpose of promoting the more efficient use of land in harmony armony armony armony
with its natural features and with the general intent of this chapter, to protect the with its natural features and with the general intent of this chapter, to protect the with its natural features and with the general intent of this chapter, to protect the with its natural features and with the general intent of this chapter, to protect the
unique heath and dune landscape from destruction and erosion and maintain unique heath and dune landscape from destruction and erosion and maintain unique heath and dune landscape from destruction and erosion and maintain unique heath and dune landscape from destruction and erosion and maintain
the delicate ecological balance that exists in the district with due regard to the the delicate ecological balance that exists in the district with due regard to the the delicate ecological balance that exists in the district with due regard to the the delicate ecological balance that exists in the district with due regard to the
naturanaturanaturanatural vegetation, soil and waterl vegetation, soil and waterl vegetation, soil and waterl vegetation, soil and water----table characteristics, and to protect and table characteristics, and to protect and table characteristics, and to protect and table characteristics, and to protect and
promote the health, safety, convenience and general welfare of the inhabitants promote the health, safety, convenience and general welfare of the inhabitants promote the health, safety, convenience and general welfare of the inhabitants promote the health, safety, convenience and general welfare of the inhabitants
of the Town, an owner or owners of a tract of land, or a duly authorized agent of the Town, an owner or owners of a tract of land, or a duly authorized agent of the Town, an owner or owners of a tract of land, or a duly authorized agent of the Town, an owner or owners of a tract of land, or a duly authorized agent
thereof, may make applicatithereof, may make applicatithereof, may make applicatithereof, may make application to the Planning Board for a special permit on to the Planning Board for a special permit on to the Planning Board for a special permit on to the Planning Board for a special permit
Page 72
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
excepting such land from the requirements of the intensity regulations of §excepting such land from the requirements of the intensity regulations of §excepting such land from the requirements of the intensity regulations of §excepting such land from the requirements of the intensity regulations of § 139139139139----
16A, B and C, and allowing a cluster development. 16A, B and C, and allowing a cluster development. 16A, B and C, and allowing a cluster development. 16A, B and C, and allowing a cluster development.
(2)(2)(2)(2) Applicability; dimensional requirements. The Planning Board may, following Applicability; dimensional requirements. The Planning Board may, following Applicability; dimensional requirements. The Planning Board may, following Applicability; dimensional requirements. The Planning Board may, following a a a a
public hearing, issue a special permit for cluster development in any zoning public hearing, issue a special permit for cluster development in any zoning public hearing, issue a special permit for cluster development in any zoning public hearing, issue a special permit for cluster development in any zoning
district, provided it finds that the proposed development meets the following district, provided it finds that the proposed development meets the following district, provided it finds that the proposed development meets the following district, provided it finds that the proposed development meets the following
criteria: criteria: criteria: criteria:
(a)(a)(a)(a) That the proposed development is in harmony with the purposes and intent That the proposed development is in harmony with the purposes and intent That the proposed development is in harmony with the purposes and intent That the proposed development is in harmony with the purposes and intent
of this chaof this chaof this chaof this chapter; pter; pter; pter;
(b)(b)(b)(b) That it meets standards for public health, safety, convenience and welfare That it meets standards for public health, safety, convenience and welfare That it meets standards for public health, safety, convenience and welfare That it meets standards for public health, safety, convenience and welfare
as set forth in the Planning Board's Rules and Regulations Governing the as set forth in the Planning Board's Rules and Regulations Governing the as set forth in the Planning Board's Rules and Regulations Governing the as set forth in the Planning Board's Rules and Regulations Governing the
Subdivision of Land and the Nantucket Board of Health Regulations (60.00) Subdivision of Land and the Nantucket Board of Health Regulations (60.00) Subdivision of Land and the Nantucket Board of Health Regulations (60.00) Subdivision of Land and the Nantucket Board of Health Regulations (60.00)
Governing Minimum Lot SGoverning Minimum Lot SGoverning Minimum Lot SGoverning Minimum Lot Size for Unsewered Lots; ize for Unsewered Lots; ize for Unsewered Lots; ize for Unsewered Lots;
(c)(c)(c)(c) That it will better protect the ecological integrity and aesthetic quality of the That it will better protect the ecological integrity and aesthetic quality of the That it will better protect the ecological integrity and aesthetic quality of the That it will better protect the ecological integrity and aesthetic quality of the
area in which it is proposed than would a conventional subdivision.area in which it is proposed than would a conventional subdivision.area in which it is proposed than would a conventional subdivision.area in which it is proposed than would a conventional subdivision.
(3)(3)(3)(3) Cluster development shall conform to the area and dimensional requiremenCluster development shall conform to the area and dimensional requiremenCluster development shall conform to the area and dimensional requiremenCluster development shall conform to the area and dimensional requirements ts ts ts
outlined in the following table: outlined in the following table: outlined in the following table: outlined in the following table:
MMDMMDMMDMMD LUGLUGLUGLUG----3333 LUGLUGLUGLUG----2222 LUGLUGLUGLUG----1111
Minimum tract Minimum tract Minimum tract Minimum tract
areareareare area area area area
(acres)(acres)(acres)(acres)
20202020 10101010 10101010 5555
Open land Open land Open land Open land
requiredrequiredrequiredrequired
90%90%90%90% 80%80%80%80% 75%75%75%75% 65%65%65%65%
Minimum lot Minimum lot Minimum lot Minimum lot
size (square size (square size (square size (square
feet)feet)feet)feet)
20,00020,00020,00020,000 10,00010,00010,00010,000 10,00010,00010,00010,000 10,00010,00010,00010,000
1 house/ lot 1 house/ lot 1 house/ lot 1 house/ lot
size*size*size*size*
NANANANA 9,0009,0009,0009,000 9,0009,0009,0009,000 9,0009,0009,0009,000
Maximum Maximum Maximum Maximum
groundgroundgroundground cover cover cover cover
NANANANA 20%20%20%20% 20%20%20%20% 20%20%20%20%
Minimum Minimum Minimum Minimum
frontagefrontagefrontagefrontage
20202020 20202020 20202020 20202020
Front setbackFront setbackFront setbackFront setback 30303030 15151515 15151515 15151515
Side/Rear Side/Rear Side/Rear Side/Rear
setbacksetbacksetbacksetback
10101010 10101010 10101010 10101010
Page 73
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
RRRR----2222 RRRR----10101010
RRRR----1, ROH, RC, 1, ROH, RC, 1, ROH, RC, 1, ROH, RC,
RCRCRCRC----2222
Minimum tract area Minimum tract area Minimum tract area Minimum tract area
(acres)(acres)(acres)(acres)
2.52.52.52.5 2222 2222
Open space Open space Open space Open space
requiredrequiredrequiredrequired
60%60%60%60% 40%40%40%40% 10%10%10%10%
Minimum lot sizeMinimum lot sizeMinimum lot sizeMinimum lot size 5,000 (square 5,000 (square 5,000 (square 5,000 (square
feet)feet)feet)feet)
4,0004,0004,0004,000 3,5003,5003,5003,500
1 house/lot size*1 house/lot size*1 house/lot size*1 house/lot size* 4,5004,5004,5004,500 3,7503,7503,7503,750 3,2003,2003,2003,200
Maximum ground Maximum ground Maximum ground Maximum ground
covercovercovercover
50%50%50%50% 50%50%50%50% 75%75%75%75%
Minimum frontageMinimum frontageMinimum frontageMinimum frontage 20202020 20202020 20202020
Front setbackFront setbackFront setbackFront setback 15151515 15151515 10101010
Side/Rear setbackSide/Rear setbackSide/Rear setbackSide/Rear setback 5555 5555 5555
NOTES: *See Subsection B(4)(c) below.NOTES: *See Subsection B(4)(c) below.NOTES: *See Subsection B(4)(c) below.NOTES: *See Subsection B(4)(c) below.
(a)(a)(a)(a) The Planning Board may, by special permit, as part of its The Planning Board may, by special permit, as part of its The Planning Board may, by special permit, as part of its The Planning Board may, by special permit, as part of its decision for a decision for a decision for a decision for a
cluster development, reduce by up to 100% the allowable side and rear lot cluster development, reduce by up to 100% the allowable side and rear lot cluster development, reduce by up to 100% the allowable side and rear lot cluster development, reduce by up to 100% the allowable side and rear lot
line setbacks, provided that the Planning Board finds that such a change line setbacks, provided that the Planning Board finds that such a change line setbacks, provided that the Planning Board finds that such a change line setbacks, provided that the Planning Board finds that such a change
will not have an adverse effect on the neighborhood and will promote the will not have an adverse effect on the neighborhood and will promote the will not have an adverse effect on the neighborhood and will promote the will not have an adverse effect on the neighborhood and will promote the
purposes and intent opurposes and intent opurposes and intent opurposes and intent of this section. f this section. f this section. f this section.
(b)(b)(b)(b) All house sites shall be indicated with surveyed building envelopes shown All house sites shall be indicated with surveyed building envelopes shown All house sites shall be indicated with surveyed building envelopes shown All house sites shall be indicated with surveyed building envelopes shown
on the subdivision plan and staked on the ground for the Board's review; on the subdivision plan and staked on the ground for the Board's review; on the subdivision plan and staked on the ground for the Board's review; on the subdivision plan and staked on the ground for the Board's review;
however, the Planning Board may waive this requirement if it finds that the however, the Planning Board may waive this requirement if it finds that the however, the Planning Board may waive this requirement if it finds that the however, the Planning Board may waive this requirement if it finds that the
designation designation designation designation of building envelopes does not aid in accomplishing the of building envelopes does not aid in accomplishing the of building envelopes does not aid in accomplishing the of building envelopes does not aid in accomplishing the
purposes and intent of this chapter. purposes and intent of this chapter. purposes and intent of this chapter. purposes and intent of this chapter.
(c)(c)(c)(c) In any LUG Zone, a minimum buffer of 50 feet of permanently restricted In any LUG Zone, a minimum buffer of 50 feet of permanently restricted In any LUG Zone, a minimum buffer of 50 feet of permanently restricted In any LUG Zone, a minimum buffer of 50 feet of permanently restricted
and undisturbed open land shall be required between the proposed lot line and undisturbed open land shall be required between the proposed lot line and undisturbed open land shall be required between the proposed lot line and undisturbed open land shall be required between the proposed lot line
of any clusteof any clusteof any clusteof any cluster lot and the outside boundary of the tract to be subdivided. r lot and the outside boundary of the tract to be subdivided. r lot and the outside boundary of the tract to be subdivided. r lot and the outside boundary of the tract to be subdivided.
However, the Planning Board may increase, reduce or waive this However, the Planning Board may increase, reduce or waive this However, the Planning Board may increase, reduce or waive this However, the Planning Board may increase, reduce or waive this
requirement if it finds that: requirement if it finds that: requirement if it finds that: requirement if it finds that:
[1][1][1][1] Such reduction or increase is necessitated by the topography or shape Such reduction or increase is necessitated by the topography or shape Such reduction or increase is necessitated by the topography or shape Such reduction or increase is necessitated by the topography or shape
of the tract; or of the tract; or of the tract; or of the tract; or
[2][2][2][2] It wIt wIt wIt will better protect natural resources on the tract through alternative ill better protect natural resources on the tract through alternative ill better protect natural resources on the tract through alternative ill better protect natural resources on the tract through alternative
location of the open land; or location of the open land; or location of the open land; or location of the open land; or
[3][3][3][3] The plan provides equivalent protection of the character of existing The plan provides equivalent protection of the character of existing The plan provides equivalent protection of the character of existing The plan provides equivalent protection of the character of existing
roads; or roads; or roads; or roads; or
[4][4][4][4] It provides equivalent protection against inconsistency with the paIt provides equivalent protection against inconsistency with the paIt provides equivalent protection against inconsistency with the paIt provides equivalent protection against inconsistency with the pattern ttern ttern ttern
of existing development. of existing development. of existing development. of existing development.
(4)(4)(4)(4) Cluster bonuses. Cluster bonuses. Cluster bonuses. Cluster bonuses.
(a)(a)(a)(a) A cluster development shall be entitled to an increase of 10% above the A cluster development shall be entitled to an increase of 10% above the A cluster development shall be entitled to an increase of 10% above the A cluster development shall be entitled to an increase of 10% above the
number of building lots which could otherwise have been created on the number of building lots which could otherwise have been created on the number of building lots which could otherwise have been created on the number of building lots which could otherwise have been created on the
parcel under §parcel under §parcel under §parcel under § 139139139139----16A of this chapter, as demonstrate16A of this chapter, as demonstrate16A of this chapter, as demonstrate16A of this chapter, as demonstrated by the submission d by the submission d by the submission d by the submission
of a dimensioned sketch plan showing conventional subdivision, as well as of a dimensioned sketch plan showing conventional subdivision, as well as of a dimensioned sketch plan showing conventional subdivision, as well as of a dimensioned sketch plan showing conventional subdivision, as well as
Page 74
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
any additional density bonuses which may be permitted under Subsection any additional density bonuses which may be permitted under Subsection any additional density bonuses which may be permitted under Subsection any additional density bonuses which may be permitted under Subsection
B(4)(b) and (c) below. In computing the number of lots allowed under B(4)(b) and (c) below. In computing the number of lots allowed under B(4)(b) and (c) below. In computing the number of lots allowed under B(4)(b) and (c) below. In computing the number of lots allowed under
conventional and underconventional and underconventional and underconventional and under cluster zoning, including any cluster bonus, only cluster zoning, including any cluster bonus, only cluster zoning, including any cluster bonus, only cluster zoning, including any cluster bonus, only
whole numbers, and not fractional parts of lots, shall be counted. whole numbers, and not fractional parts of lots, shall be counted. whole numbers, and not fractional parts of lots, shall be counted. whole numbers, and not fractional parts of lots, shall be counted.
(b)(b)(b)(b) An additional 10% above the number of building lots which could have An additional 10% above the number of building lots which could have An additional 10% above the number of building lots which could have An additional 10% above the number of building lots which could have
been created on the tract under conventional zoning shall be perbeen created on the tract under conventional zoning shall be perbeen created on the tract under conventional zoning shall be perbeen created on the tract under conventional zoning shall be permitted if mitted if mitted if mitted if
the open land remains accessible to the public through either fullthe open land remains accessible to the public through either fullthe open land remains accessible to the public through either fullthe open land remains accessible to the public through either full----fee fee fee fee
dedication to the Town or Nantucket Islands Land Bank or a permanent dedication to the Town or Nantucket Islands Land Bank or a permanent dedication to the Town or Nantucket Islands Land Bank or a permanent dedication to the Town or Nantucket Islands Land Bank or a permanent
public access easement. public access easement. public access easement. public access easement.
(c)(c)(c)(c) An additional 1% of the allowable density under conventional zoning shall An additional 1% of the allowable density under conventional zoning shall An additional 1% of the allowable density under conventional zoning shall An additional 1% of the allowable density under conventional zoning shall
be be be be permitted for each 10% of the cluster lots restricted to a single dwelling permitted for each 10% of the cluster lots restricted to a single dwelling permitted for each 10% of the cluster lots restricted to a single dwelling permitted for each 10% of the cluster lots restricted to a single dwelling
per lot, provided that lots so restricted would otherwise be allowed a per lot, provided that lots so restricted would otherwise be allowed a per lot, provided that lots so restricted would otherwise be allowed a per lot, provided that lots so restricted would otherwise be allowed a
second dwelling under other applicable zoning bylaws and health second dwelling under other applicable zoning bylaws and health second dwelling under other applicable zoning bylaws and health second dwelling under other applicable zoning bylaws and health
regulations. regulations. regulations. regulations.
(d)(d)(d)(d) The total increase in buildiThe total increase in buildiThe total increase in buildiThe total increase in building lots shall not exceed 30% of the number of ng lots shall not exceed 30% of the number of ng lots shall not exceed 30% of the number of ng lots shall not exceed 30% of the number of
lots allowed under conventional zoning; however, no increase in excess of lots allowed under conventional zoning; however, no increase in excess of lots allowed under conventional zoning; however, no increase in excess of lots allowed under conventional zoning; however, no increase in excess of
10% of the number of buildable lots under conventional zoning shall be 10% of the number of buildable lots under conventional zoning shall be 10% of the number of buildable lots under conventional zoning shall be 10% of the number of buildable lots under conventional zoning shall be
permitted for tracts located in the Wellhead Protection Zone and permitted for tracts located in the Wellhead Protection Zone and permitted for tracts located in the Wellhead Protection Zone and permitted for tracts located in the Wellhead Protection Zone and not served not served not served not served
by sewer lines. by sewer lines. by sewer lines. by sewer lines.
(5)(5)(5)(5) Control of open land. Provisions shall be made so that open land shall be either: Control of open land. Provisions shall be made so that open land shall be either: Control of open land. Provisions shall be made so that open land shall be either: Control of open land. Provisions shall be made so that open land shall be either:
[Amended 4[Amended 4[Amended 4[Amended 4----10101010----1995 ATM by Art. 42, AG approval 51995 ATM by Art. 42, AG approval 51995 ATM by Art. 42, AG approval 51995 ATM by Art. 42, AG approval 5----22222222----1995] 1995] 1995] 1995]
(a)(a)(a)(a) Owned by the Town or County of Nantucket; Owned by the Town or County of Nantucket; Owned by the Town or County of Nantucket; Owned by the Town or County of Nantucket;
(b)(b)(b)(b) Owned by the Nantucket Islands Owned by the Nantucket Islands Owned by the Nantucket Islands Owned by the Nantucket Islands Land Bank; Land Bank; Land Bank; Land Bank;
(c)(c)(c)(c) Conveyed to an established nonprofit organization a principal purpose of Conveyed to an established nonprofit organization a principal purpose of Conveyed to an established nonprofit organization a principal purpose of Conveyed to an established nonprofit organization a principal purpose of
which is the conservation of open land; which is the conservation of open land; which is the conservation of open land; which is the conservation of open land;
(d)(d)(d)(d) Subject to a permanent conservation restriction, as provided in MGL c. 184, Subject to a permanent conservation restriction, as provided in MGL c. 184, Subject to a permanent conservation restriction, as provided in MGL c. 184, Subject to a permanent conservation restriction, as provided in MGL c. 184,
§§§§§§§§ 31 through 33, and owned in common by a cor31 through 33, and owned in common by a cor31 through 33, and owned in common by a cor31 through 33, and owned in common by a corporation or trust poration or trust poration or trust poration or trust
composed of the owners of lots within the cluster tract. composed of the owners of lots within the cluster tract. composed of the owners of lots within the cluster tract. composed of the owners of lots within the cluster tract.
(6)(6)(6)(6) Permitted uses of open land. Open land shall be restricted to one or more of the Permitted uses of open land. Open land shall be restricted to one or more of the Permitted uses of open land. Open land shall be restricted to one or more of the Permitted uses of open land. Open land shall be restricted to one or more of the
following uses, or the uses referred in MGL c. 184, §§following uses, or the uses referred in MGL c. 184, §§following uses, or the uses referred in MGL c. 184, §§following uses, or the uses referred in MGL c. 184, §§ 31 and 32: 31 and 32: 31 and 32: 31 and 32:
(a)(a)(a)(a) Conservation of water, Conservation of water, Conservation of water, Conservation of water, plants and wildlife, and preservation of the tract in plants and wildlife, and preservation of the tract in plants and wildlife, and preservation of the tract in plants and wildlife, and preservation of the tract in
its natural condition, such as fields, pastures and woodlots. its natural condition, such as fields, pastures and woodlots. its natural condition, such as fields, pastures and woodlots. its natural condition, such as fields, pastures and woodlots.
(b)(b)(b)(b) Passive recreation, including nature study, boating, fishing, hunting, Passive recreation, including nature study, boating, fishing, hunting, Passive recreation, including nature study, boating, fishing, hunting, Passive recreation, including nature study, boating, fishing, hunting,
picnicking and horseback riding where otherwise legally permittepicnicking and horseback riding where otherwise legally permittepicnicking and horseback riding where otherwise legally permittepicnicking and horseback riding where otherwise legally permitted. d. d. d.
(c)(c)(c)(c) Bicycle paths and walking trails. Bicycle paths and walking trails. Bicycle paths and walking trails. Bicycle paths and walking trails.
(d)(d)(d)(d) Forestry. Forestry. Forestry. Forestry.
(e)(e)(e)(e) Agriculture. Agriculture. Agriculture. Agriculture.
(f)(f)(f)(f) Boathouses, duck walks, landings and small structures for noncommercial Boathouses, duck walks, landings and small structures for noncommercial Boathouses, duck walks, landings and small structures for noncommercial Boathouses, duck walks, landings and small structures for noncommercial
passive recreational uses. passive recreational uses. passive recreational uses. passive recreational uses.
(g)(g)(g)(g) Dams and ponds consistent with the purposes described above. Dams and ponds consistent with the purposes described above. Dams and ponds consistent with the purposes described above. Dams and ponds consistent with the purposes described above.
(h)(h)(h)(h) Wells Wells Wells Wells for the provision of individual or common water supply, subject to for the provision of individual or common water supply, subject to for the provision of individual or common water supply, subject to for the provision of individual or common water supply, subject to
easements giving rights of access and maintenance to lot owners within the easements giving rights of access and maintenance to lot owners within the easements giving rights of access and maintenance to lot owners within the easements giving rights of access and maintenance to lot owners within the
subdivision. subdivision. subdivision. subdivision.
(i)(i)(i)(i) Individual underground septic systems, subject to easements giving rights Individual underground septic systems, subject to easements giving rights Individual underground septic systems, subject to easements giving rights Individual underground septic systems, subject to easements giving rights
of access and maintenaof access and maintenaof access and maintenaof access and maintenance to lot owners within the subdivision. nce to lot owners within the subdivision. nce to lot owners within the subdivision. nce to lot owners within the subdivision.
Page 75
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(7)(7)(7)(7) Any structures associated with uses specified under Subsection B(6), above, Any structures associated with uses specified under Subsection B(6), above, Any structures associated with uses specified under Subsection B(6), above, Any structures associated with uses specified under Subsection B(6), above,
except those permitted under Subsection B(6)(e), shall be subject to special except those permitted under Subsection B(6)(e), shall be subject to special except those permitted under Subsection B(6)(e), shall be subject to special except those permitted under Subsection B(6)(e), shall be subject to special
permit by the Planning Board. permit by the Planning Board. permit by the Planning Board. permit by the Planning Board.
(8)(8)(8)(8) Authority; regulatioAuthority; regulatioAuthority; regulatioAuthority; regulations. The Planning Board shall have the authority to adopt and ns. The Planning Board shall have the authority to adopt and ns. The Planning Board shall have the authority to adopt and ns. The Planning Board shall have the authority to adopt and
amend regulations and design guidelines governing cluster development. amend regulations and design guidelines governing cluster development. amend regulations and design guidelines governing cluster development. amend regulations and design guidelines governing cluster development.
(9)(9)(9)(9) Procedural requirements. Application for a special permit for cluster Procedural requirements. Application for a special permit for cluster Procedural requirements. Application for a special permit for cluster Procedural requirements. Application for a special permit for cluster
development shall be accompanied by two plans shodevelopment shall be accompanied by two plans shodevelopment shall be accompanied by two plans shodevelopment shall be accompanied by two plans showing the dimensions and wing the dimensions and wing the dimensions and wing the dimensions and
area of lots as they might be established under conventional zoning and under area of lots as they might be established under conventional zoning and under area of lots as they might be established under conventional zoning and under area of lots as they might be established under conventional zoning and under
the cluster development alternative. Submissions shall be governed by the the cluster development alternative. Submissions shall be governed by the the cluster development alternative. Submissions shall be governed by the the cluster development alternative. Submissions shall be governed by the
Planning Board's Rules and Regulations for the Subdivision of Land and by Planning Board's Rules and Regulations for the Subdivision of Land and by Planning Board's Rules and Regulations for the Subdivision of Land and by Planning Board's Rules and Regulations for the Subdivision of Land and by
such osuch osuch osuch other regulations governing cluster development as may be adopted and ther regulations governing cluster development as may be adopted and ther regulations governing cluster development as may be adopted and ther regulations governing cluster development as may be adopted and
amended from time to time, as well as by the zoning requirements for cluster amended from time to time, as well as by the zoning requirements for cluster amended from time to time, as well as by the zoning requirements for cluster amended from time to time, as well as by the zoning requirements for cluster
subdivision listed above. subdivision listed above. subdivision listed above. subdivision listed above.
B.B.B.B. Major residential development special permit (MRD). [Added 4Major residential development special permit (MRD). [Added 4Major residential development special permit (MRD). [Added 4Major residential development special permit (MRD). [Added 4----12121212----1994 ATM by Art. 1994 ATM by Art. 1994 ATM by Art. 1994 ATM by Art.
44448, AG approval 48, AG approval 48, AG approval 48, AG approval 4----29292929----1994] 1994] 1994] 1994]
(1)(1)(1)(1) Purpose. Purpose. Purpose. Purpose.
(a)(a)(a)(a) The purpose of the Major Residential Development (MRD) Bylaw is to The purpose of the Major Residential Development (MRD) Bylaw is to The purpose of the Major Residential Development (MRD) Bylaw is to The purpose of the Major Residential Development (MRD) Bylaw is to
permit and encourage development which is more in keeping with permit and encourage development which is more in keeping with permit and encourage development which is more in keeping with permit and encourage development which is more in keeping with
Nantucket's history than typical suburban development. As such, the MRD Nantucket's history than typical suburban development. As such, the MRD Nantucket's history than typical suburban development. As such, the MRD Nantucket's history than typical suburban development. As such, the MRD
Bylaw is Bylaw is Bylaw is Bylaw is a voluntary subdivision design option for applicants to consider in a voluntary subdivision design option for applicants to consider in a voluntary subdivision design option for applicants to consider in a voluntary subdivision design option for applicants to consider in
seeking subdivision plan approval before the Planning Board, in lieu of seeking subdivision plan approval before the Planning Board, in lieu of seeking subdivision plan approval before the Planning Board, in lieu of seeking subdivision plan approval before the Planning Board, in lieu of
seeking either conventional subdivision design approval or cluster seeking either conventional subdivision design approval or cluster seeking either conventional subdivision design approval or cluster seeking either conventional subdivision design approval or cluster
subdivision design approval under §subdivision design approval under §subdivision design approval under §subdivision design approval under § 139139139139----8 of this8 of this8 of this8 of this chapter. Further, the chapter. Further, the chapter. Further, the chapter. Further, the
intent is: intent is: intent is: intent is:
[1][1][1][1] To create subdivisions with a village atmosphere which build on To create subdivisions with a village atmosphere which build on To create subdivisions with a village atmosphere which build on To create subdivisions with a village atmosphere which build on
Nantucket's architectural contextual theme; Nantucket's architectural contextual theme; Nantucket's architectural contextual theme; Nantucket's architectural contextual theme;
[2][2][2][2] To protect the unique heath and dune landscape from destruction and To protect the unique heath and dune landscape from destruction and To protect the unique heath and dune landscape from destruction and To protect the unique heath and dune landscape from destruction and
erosion; erosion; erosion; erosion;
[3][3][3][3] To maintain the delicaTo maintain the delicaTo maintain the delicaTo maintain the delicate ecological balance that exists in the district te ecological balance that exists in the district te ecological balance that exists in the district te ecological balance that exists in the district
with due regard for natural vegetation, soil and waterwith due regard for natural vegetation, soil and waterwith due regard for natural vegetation, soil and waterwith due regard for natural vegetation, soil and water----table table table table
characteristics; characteristics; characteristics; characteristics;
[4][4][4][4] To preserve open land and natural features in a manner not currently To preserve open land and natural features in a manner not currently To preserve open land and natural features in a manner not currently To preserve open land and natural features in a manner not currently
allowed; allowed; allowed; allowed;
[5][5][5][5] To provide affordable housing units in sTo provide affordable housing units in sTo provide affordable housing units in sTo provide affordable housing units in subdivision developments; ubdivision developments; ubdivision developments; ubdivision developments;
[6][6][6][6] To allow reduced infrastructure and side development costs in return To allow reduced infrastructure and side development costs in return To allow reduced infrastructure and side development costs in return To allow reduced infrastructure and side development costs in return
for compact development; for compact development; for compact development; for compact development;
[7][7][7][7] To protect and promote the health, safety, convenience and general To protect and promote the health, safety, convenience and general To protect and promote the health, safety, convenience and general To protect and promote the health, safety, convenience and general
welfare of the inhabitants of the Town. welfare of the inhabitants of the Town. welfare of the inhabitants of the Town. welfare of the inhabitants of the Town.
(b) (b) (b) (b) The result wiThe result wiThe result wiThe result will be the promotion of more traditional neighborhoods, ll be the promotion of more traditional neighborhoods, ll be the promotion of more traditional neighborhoods, ll be the promotion of more traditional neighborhoods,
cohesive architecture, and a greater diversity of housing opportunities cohesive architecture, and a greater diversity of housing opportunities cohesive architecture, and a greater diversity of housing opportunities cohesive architecture, and a greater diversity of housing opportunities
within the Town while respecting and enhancing the existing character of within the Town while respecting and enhancing the existing character of within the Town while respecting and enhancing the existing character of within the Town while respecting and enhancing the existing character of
the Town. This will promote attractive standards of appethe Town. This will promote attractive standards of appethe Town. This will promote attractive standards of appethe Town. This will promote attractive standards of appearance and arance and arance and arance and
aesthetics consistent with that character. aesthetics consistent with that character. aesthetics consistent with that character. aesthetics consistent with that character.
(2)(2)(2)(2) Special permit process. Special permit process. Special permit process. Special permit process.
Page 76
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(a)(a)(a)(a) An applicant seeking MRD approval shall apply for a special permit with the An applicant seeking MRD approval shall apply for a special permit with the An applicant seeking MRD approval shall apply for a special permit with the An applicant seeking MRD approval shall apply for a special permit with the
Planning Board. The special permit process shall include: Planning Board. The special permit process shall include: Planning Board. The special permit process shall include: Planning Board. The special permit process shall include:
[1][1][1][1] PrePrePrePre----application conference. application conference. application conference. application conference.
[2][2][2][2] Preliminary MRD plan review (optional). Preliminary MRD plan review (optional). Preliminary MRD plan review (optional). Preliminary MRD plan review (optional).
[3][3][3][3] Final MRD plan review. Final MRD plan review. Final MRD plan review. Final MRD plan review.
(d)(d)(d)(d) The Planning Board approval of a special permit shall not substitute for The Planning Board approval of a special permit shall not substitute for The Planning Board approval of a special permit shall not substitute for The Planning Board approval of a special permit shall not substitute for
approval of a definitive subdivision plan or ANR where required. approval of a definitive subdivision plan or ANR where required. approval of a definitive subdivision plan or ANR where required. approval of a definitive subdivision plan or ANR where required.
(3)(3)(3)(3) PrePrePrePre----application conference. application conference. application conference. application conference.
(a)(a)(a)(a) PriorPriorPriorPrior to filing an application, the applicant shall review the proposed to filing an application, the applicant shall review the proposed to filing an application, the applicant shall review the proposed to filing an application, the applicant shall review the proposed
development with the Planning Board and its staff to obtain information and development with the Planning Board and its staff to obtain information and development with the Planning Board and its staff to obtain information and development with the Planning Board and its staff to obtain information and
guidance. guidance. guidance. guidance.
(b)(b)(b)(b) At the preAt the preAt the preAt the pre----application conference the Planning Board and its staff may application conference the Planning Board and its staff may application conference the Planning Board and its staff may application conference the Planning Board and its staff may
discuss, in an informal mandiscuss, in an informal mandiscuss, in an informal mandiscuss, in an informal manner, the applicant's intentions, development ner, the applicant's intentions, development ner, the applicant's intentions, development ner, the applicant's intentions, development
concepts and options, and the Planning Board's requirements with respect concepts and options, and the Planning Board's requirements with respect concepts and options, and the Planning Board's requirements with respect concepts and options, and the Planning Board's requirements with respect
to the proposed MRD; such discussion may include the MRD application to the proposed MRD; such discussion may include the MRD application to the proposed MRD; such discussion may include the MRD application to the proposed MRD; such discussion may include the MRD application
and review process, conceptual issues, and scope of relevant informatand review process, conceptual issues, and scope of relevant informatand review process, conceptual issues, and scope of relevant informatand review process, conceptual issues, and scope of relevant information ion ion ion
that should be considered in planning the project. Pencil sketches and that should be considered in planning the project. Pencil sketches and that should be considered in planning the project. Pencil sketches and that should be considered in planning the project. Pencil sketches and
other illustrations, which need not be professionally prepared, will assist the other illustrations, which need not be professionally prepared, will assist the other illustrations, which need not be professionally prepared, will assist the other illustrations, which need not be professionally prepared, will assist the
discussion, and might show some, but not all, of the information shown on discussion, and might show some, but not all, of the information shown on discussion, and might show some, but not all, of the information shown on discussion, and might show some, but not all, of the information shown on
a preliminary plan. a preliminary plan. a preliminary plan. a preliminary plan.
(c)(c)(c)(c) InInInIn some cases, the pre some cases, the pre some cases, the pre some cases, the pre----application conference may eliminate the necessity application conference may eliminate the necessity application conference may eliminate the necessity application conference may eliminate the necessity
of submitting a preliminary plan. The preof submitting a preliminary plan. The preof submitting a preliminary plan. The preof submitting a preliminary plan. The pre----application conference procedure application conference procedure application conference procedure application conference procedure
authorized in this section shall have the same status under the Zoning authorized in this section shall have the same status under the Zoning authorized in this section shall have the same status under the Zoning authorized in this section shall have the same status under the Zoning
Bylaw of the Town as the preliminary sBylaw of the Town as the preliminary sBylaw of the Town as the preliminary sBylaw of the Town as the preliminary subdivision review process. ubdivision review process. ubdivision review process. ubdivision review process.
(4)(4)(4)(4) Preliminary plan review. Preliminary plan review. Preliminary plan review. Preliminary plan review.
(a)(a)(a)(a) A preliminary plan may be submitted by the developer for discussion and A preliminary plan may be submitted by the developer for discussion and A preliminary plan may be submitted by the developer for discussion and A preliminary plan may be submitted by the developer for discussion and
approval, modification, or disapproval by the Planning Board and the Board approval, modification, or disapproval by the Planning Board and the Board approval, modification, or disapproval by the Planning Board and the Board approval, modification, or disapproval by the Planning Board and the Board
of Health. The submission of such a preliminarof Health. The submission of such a preliminarof Health. The submission of such a preliminarof Health. The submission of such a preliminary plan will enable the y plan will enable the y plan will enable the y plan will enable the
developer, the Planning Board and other municipal agencies to discuss and developer, the Planning Board and other municipal agencies to discuss and developer, the Planning Board and other municipal agencies to discuss and developer, the Planning Board and other municipal agencies to discuss and
clarify problems of such a subdivision before extensive engineering costs clarify problems of such a subdivision before extensive engineering costs clarify problems of such a subdivision before extensive engineering costs clarify problems of such a subdivision before extensive engineering costs
are incurred in the preparation of the definitive plan. are incurred in the preparation of the definitive plan. are incurred in the preparation of the definitive plan. are incurred in the preparation of the definitive plan.
(b)(b)(b)(b) Submission requirements,Submission requirements,Submission requirements,Submission requirements, filing procedures, and plan action for preliminary filing procedures, and plan action for preliminary filing procedures, and plan action for preliminary filing procedures, and plan action for preliminary
plans are identical to the requirements for standard subdivision preliminary plans are identical to the requirements for standard subdivision preliminary plans are identical to the requirements for standard subdivision preliminary plans are identical to the requirements for standard subdivision preliminary
plans, found in Section 2.05 of the Nantucket Subdivision Rules and plans, found in Section 2.05 of the Nantucket Subdivision Rules and plans, found in Section 2.05 of the Nantucket Subdivision Rules and plans, found in Section 2.05 of the Nantucket Subdivision Rules and
Regulations, as most recently amended. Regulations, as most recently amended. Regulations, as most recently amended. Regulations, as most recently amended.
(5)(5)(5)(5) Submission of Submission of Submission of Submission of final plan. The final MRD plan shall be a definitive plan of the final plan. The final MRD plan shall be a definitive plan of the final plan. The final MRD plan shall be a definitive plan of the final plan. The final MRD plan shall be a definitive plan of the
proposed development with design sufficiently developed to provide the basis proposed development with design sufficiently developed to provide the basis proposed development with design sufficiently developed to provide the basis proposed development with design sufficiently developed to provide the basis
for the Planning Board's review and determinations regarding the proposal's for the Planning Board's review and determinations regarding the proposal's for the Planning Board's review and determinations regarding the proposal's for the Planning Board's review and determinations regarding the proposal's
satisfaction of the requirements, stansatisfaction of the requirements, stansatisfaction of the requirements, stansatisfaction of the requirements, standards, and guidelines of the MRD Bylaw, dards, and guidelines of the MRD Bylaw, dards, and guidelines of the MRD Bylaw, dards, and guidelines of the MRD Bylaw,
and shall conform to the submission requirements specified in Section 2.06a of and shall conform to the submission requirements specified in Section 2.06a of and shall conform to the submission requirements specified in Section 2.06a of and shall conform to the submission requirements specified in Section 2.06a of
the Subdivision Rules and Regulations. The final plan shall conform the Subdivision Rules and Regulations. The final plan shall conform the Subdivision Rules and Regulations. The final plan shall conform the Subdivision Rules and Regulations. The final plan shall conform
substantially with the approved preliminary MRD plan except for changsubstantially with the approved preliminary MRD plan except for changsubstantially with the approved preliminary MRD plan except for changsubstantially with the approved preliminary MRD plan except for changes in es in es in es in
accordance with conditions attached to the Planning Board's approval of the accordance with conditions attached to the Planning Board's approval of the accordance with conditions attached to the Planning Board's approval of the accordance with conditions attached to the Planning Board's approval of the
Page 77
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
preliminary MRD plan, and shall satisfy all such conditions. The MRD Bylaw and preliminary MRD plan, and shall satisfy all such conditions. The MRD Bylaw and preliminary MRD plan, and shall satisfy all such conditions. The MRD Bylaw and preliminary MRD plan, and shall satisfy all such conditions. The MRD Bylaw and
any other applicable sections of the Nantucket Zoning Bylaw in effect at the time any other applicable sections of the Nantucket Zoning Bylaw in effect at the time any other applicable sections of the Nantucket Zoning Bylaw in effect at the time any other applicable sections of the Nantucket Zoning Bylaw in effect at the time
of the submisof the submisof the submisof the submission of the preliminary plan shall govern the definitive plan if it is sion of the preliminary plan shall govern the definitive plan if it is sion of the preliminary plan shall govern the definitive plan if it is sion of the preliminary plan shall govern the definitive plan if it is
duly submitted within seven months of the preliminary plan approval. duly submitted within seven months of the preliminary plan approval. duly submitted within seven months of the preliminary plan approval. duly submitted within seven months of the preliminary plan approval.
(a)(a)(a)(a) Submission requirements. All final MRD plan submissions shall be made in Submission requirements. All final MRD plan submissions shall be made in Submission requirements. All final MRD plan submissions shall be made in Submission requirements. All final MRD plan submissions shall be made in
conformance with the submission requirconformance with the submission requirconformance with the submission requirconformance with the submission requirements in Section 2.06a of the ements in Section 2.06a of the ements in Section 2.06a of the ements in Section 2.06a of the
Subdivision Rules and Regulations and by such other regulations Subdivision Rules and Regulations and by such other regulations Subdivision Rules and Regulations and by such other regulations Subdivision Rules and Regulations and by such other regulations
governing MRD as may be adopted and amended from time to time, as well governing MRD as may be adopted and amended from time to time, as well governing MRD as may be adopted and amended from time to time, as well governing MRD as may be adopted and amended from time to time, as well
as by the zoning requirements for MRD. as by the zoning requirements for MRD. as by the zoning requirements for MRD. as by the zoning requirements for MRD.
(b)(b)(b)(b) Contents of final submission. The contents of Contents of final submission. The contents of Contents of final submission. The contents of Contents of final submission. The contents of the final plan shall conform to the final plan shall conform to the final plan shall conform to the final plan shall conform to
Section 2.06b of the Subdivision Rules and Regulations and the following: Section 2.06b of the Subdivision Rules and Regulations and the following: Section 2.06b of the Subdivision Rules and Regulations and the following: Section 2.06b of the Subdivision Rules and Regulations and the following:
[1][1][1][1] Application for a special permit for MRD shall be accompanied by two Application for a special permit for MRD shall be accompanied by two Application for a special permit for MRD shall be accompanied by two Application for a special permit for MRD shall be accompanied by two
plans showing the dimensions and area of lots as they might be plans showing the dimensions and area of lots as they might be plans showing the dimensions and area of lots as they might be plans showing the dimensions and area of lots as they might be
established uestablished uestablished uestablished under conventional zoning and under the MRD alternative. nder conventional zoning and under the MRD alternative. nder conventional zoning and under the MRD alternative. nder conventional zoning and under the MRD alternative.
[2][2][2][2] All building sites shall be indicated with surveyed building envelopes All building sites shall be indicated with surveyed building envelopes All building sites shall be indicated with surveyed building envelopes All building sites shall be indicated with surveyed building envelopes
shown of the subdivision and staked on the ground for the Board's shown of the subdivision and staked on the ground for the Board's shown of the subdivision and staked on the ground for the Board's shown of the subdivision and staked on the ground for the Board's
review; however, the Planning Board may waive this requirereview; however, the Planning Board may waive this requirereview; however, the Planning Board may waive this requirereview; however, the Planning Board may waive this requirement if it ment if it ment if it ment if it
finds that the designation of building envelopes does not aid in finds that the designation of building envelopes does not aid in finds that the designation of building envelopes does not aid in finds that the designation of building envelopes does not aid in
accomplishing the purposes and intent of this section. accomplishing the purposes and intent of this section. accomplishing the purposes and intent of this section. accomplishing the purposes and intent of this section.
[3][3][3][3] Renderings of streetscapes, including buildings, streets, sidewalks, Renderings of streetscapes, including buildings, streets, sidewalks, Renderings of streetscapes, including buildings, streets, sidewalks, Renderings of streetscapes, including buildings, streets, sidewalks,
fencing, landscaping, street furniture and any othefencing, landscaping, street furniture and any othefencing, landscaping, street furniture and any othefencing, landscaping, street furniture and any other relevant features. r relevant features. r relevant features. r relevant features.
[4][4][4][4] Development schedule: See Subsection F(6) below for requirements in Development schedule: See Subsection F(6) below for requirements in Development schedule: See Subsection F(6) below for requirements in Development schedule: See Subsection F(6) below for requirements in
proposing development schedule. proposing development schedule. proposing development schedule. proposing development schedule.
(c)(c)(c)(c) Review by other departments. Review by other departments. Review by other departments. Review by other departments.
[1][1][1][1] Within seven days of receipt of the final plan, the planning staff shall Within seven days of receipt of the final plan, the planning staff shall Within seven days of receipt of the final plan, the planning staff shall Within seven days of receipt of the final plan, the planning staff shall
distribute copiesdistribute copiesdistribute copiesdistribute copies, for review and comment, to the following Town , for review and comment, to the following Town , for review and comment, to the following Town , for review and comment, to the following Town
departments: Department of Public Works, Fire Department, Health departments: Department of Public Works, Fire Department, Health departments: Department of Public Works, Fire Department, Health departments: Department of Public Works, Fire Department, Health
Department, Conservation Commission and Historic District Department, Conservation Commission and Historic District Department, Conservation Commission and Historic District Department, Conservation Commission and Historic District
Commission {see Subsection F(10)(d)[4]}. Commission {see Subsection F(10)(d)[4]}. Commission {see Subsection F(10)(d)[4]}. Commission {see Subsection F(10)(d)[4]}.
[2][2][2][2] Comments from the above departments wilComments from the above departments wilComments from the above departments wilComments from the above departments will be received within 35 l be received within 35 l be received within 35 l be received within 35
days. days. days. days.
(d)(d)(d)(d) Performance guarantee. Before endorsement of its approval of the Performance guarantee. Before endorsement of its approval of the Performance guarantee. Before endorsement of its approval of the Performance guarantee. Before endorsement of its approval of the
definitive plan associated with the special permit, the Planning Board shall definitive plan associated with the special permit, the Planning Board shall definitive plan associated with the special permit, the Planning Board shall definitive plan associated with the special permit, the Planning Board shall
require that the construction of ways and the installation of municipal require that the construction of ways and the installation of municipal require that the construction of ways and the installation of municipal require that the construction of ways and the installation of municipal
servicservicservicservices be secured by one of the four methods, or a combination of es be secured by one of the four methods, or a combination of es be secured by one of the four methods, or a combination of es be secured by one of the four methods, or a combination of
methods, listed in Section 2.06f of the Subdivision Rules and Regulations. methods, listed in Section 2.06f of the Subdivision Rules and Regulations. methods, listed in Section 2.06f of the Subdivision Rules and Regulations. methods, listed in Section 2.06f of the Subdivision Rules and Regulations.
The method may be varied by the applicant upon approval of the Board. The method may be varied by the applicant upon approval of the Board. The method may be varied by the applicant upon approval of the Board. The method may be varied by the applicant upon approval of the Board.
(e)(e)(e)(e) Public hearing. Before approval, modificatioPublic hearing. Before approval, modificatioPublic hearing. Before approval, modificatioPublic hearing. Before approval, modification and approval, or disapproval n and approval, or disapproval n and approval, or disapproval n and approval, or disapproval
of the final plan, a public hearing shall be held by the Board after proper of the final plan, a public hearing shall be held by the Board after proper of the final plan, a public hearing shall be held by the Board after proper of the final plan, a public hearing shall be held by the Board after proper
advertisements and notification of abutters as provided by advertisements and notification of abutters as provided by advertisements and notification of abutters as provided by advertisements and notification of abutters as provided by MGL c.40A. § MGL c.40A. § MGL c.40A. § MGL c.40A. §
11111111....
(f)(f)(f)(f) Plan action. After the public hearing, the Board shall approve, modifPlan action. After the public hearing, the Board shall approve, modifPlan action. After the public hearing, the Board shall approve, modifPlan action. After the public hearing, the Board shall approve, modify and y and y and y and
approve, or disapprove the special permit application in accordance with approve, or disapprove the special permit application in accordance with approve, or disapprove the special permit application in accordance with approve, or disapprove the special permit application in accordance with
Section 2.06h, Plan Action, of the Subdivision Rules and Regulations. Section 2.06h, Plan Action, of the Subdivision Rules and Regulations. Section 2.06h, Plan Action, of the Subdivision Rules and Regulations. Section 2.06h, Plan Action, of the Subdivision Rules and Regulations.
Page 78
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(g)(g)(g)(g) Modification, amendment, or rescission of approved plans shall be Modification, amendment, or rescission of approved plans shall be Modification, amendment, or rescission of approved plans shall be Modification, amendment, or rescission of approved plans shall be
governed by Section 2.06i of the Subgoverned by Section 2.06i of the Subgoverned by Section 2.06i of the Subgoverned by Section 2.06i of the Subdivision Rules and Regulations. division Rules and Regulations. division Rules and Regulations. division Rules and Regulations.
(6)(6)(6)(6) Development schedule. Development schedule. Development schedule. Development schedule.
(a)(a)(a)(a) The developer shall begin construction of the MRD within 24 months of the The developer shall begin construction of the MRD within 24 months of the The developer shall begin construction of the MRD within 24 months of the The developer shall begin construction of the MRD within 24 months of the
date of the granting of the special permit (or, if applicable, following appeal date of the granting of the special permit (or, if applicable, following appeal date of the granting of the special permit (or, if applicable, following appeal date of the granting of the special permit (or, if applicable, following appeal
as provided in MGL c. 40A, §as provided in MGL c. 40A, §as provided in MGL c. 40A, §as provided in MGL c. 40A, § 9) in re9) in re9) in re9) in reasonable conformance, as defined asonable conformance, as defined asonable conformance, as defined asonable conformance, as defined
solely by the Planning Board, with the development schedule submitted solely by the Planning Board, with the development schedule submitted solely by the Planning Board, with the development schedule submitted solely by the Planning Board, with the development schedule submitted
with the final MRD plan. The Planning Board shall grant in writing an with the final MRD plan. The Planning Board shall grant in writing an with the final MRD plan. The Planning Board shall grant in writing an with the final MRD plan. The Planning Board shall grant in writing an
extension of this time period of up to an additional 24 months upon extension of this time period of up to an additional 24 months upon extension of this time period of up to an additional 24 months upon extension of this time period of up to an additional 24 months upon
determination bdetermination bdetermination bdetermination by the Planning Board of good cause. If the developer fails to y the Planning Board of good cause. If the developer fails to y the Planning Board of good cause. If the developer fails to y the Planning Board of good cause. If the developer fails to
commence construction of the MRD within 24 months plus any approved commence construction of the MRD within 24 months plus any approved commence construction of the MRD within 24 months plus any approved commence construction of the MRD within 24 months plus any approved
extension period, the special permit shall lapse and be deemed null and extension period, the special permit shall lapse and be deemed null and extension period, the special permit shall lapse and be deemed null and extension period, the special permit shall lapse and be deemed null and
void. void. void. void.
(7)(7)(7)(7) Dimensional requirements. The following spDimensional requirements. The following spDimensional requirements. The following spDimensional requirements. The following specifies the basic use and ecifies the basic use and ecifies the basic use and ecifies the basic use and
dimensional requirements which shall be adhered to in all MRD developments dimensional requirements which shall be adhered to in all MRD developments dimensional requirements which shall be adhered to in all MRD developments dimensional requirements which shall be adhered to in all MRD developments
and which shall be used by the Planning Board in evaluating each MRD and which shall be used by the Planning Board in evaluating each MRD and which shall be used by the Planning Board in evaluating each MRD and which shall be used by the Planning Board in evaluating each MRD
proposal: proposal: proposal: proposal:
(a)(a)(a)(a) Parcel. Parcel. Parcel. Parcel.
[1][1][1][1] A development parcel may consist of land in common but A development parcel may consist of land in common but A development parcel may consist of land in common but A development parcel may consist of land in common but
nonnonnonnoncontiguous ownership, provided that all lots comprising the parcel contiguous ownership, provided that all lots comprising the parcel contiguous ownership, provided that all lots comprising the parcel contiguous ownership, provided that all lots comprising the parcel
are contiguous. are contiguous. are contiguous. are contiguous.
[2][2][2][2] Noncontiguous parcels owned by a single owner may be considered Noncontiguous parcels owned by a single owner may be considered Noncontiguous parcels owned by a single owner may be considered Noncontiguous parcels owned by a single owner may be considered
for calculating open land requirements of the parcel proposed to be for calculating open land requirements of the parcel proposed to be for calculating open land requirements of the parcel proposed to be for calculating open land requirements of the parcel proposed to be
developed. Development potential of developed. Development potential of developed. Development potential of developed. Development potential of a noncontiguous parcel shall be a noncontiguous parcel shall be a noncontiguous parcel shall be a noncontiguous parcel shall be
taken under consideration by the Planning Board in determining taken under consideration by the Planning Board in determining taken under consideration by the Planning Board in determining taken under consideration by the Planning Board in determining
potential open land value although said parcel(s) development potential open land value although said parcel(s) development potential open land value although said parcel(s) development potential open land value although said parcel(s) development
potential will not be transferred. Proposed MRD developments may potential will not be transferred. Proposed MRD developments may potential will not be transferred. Proposed MRD developments may potential will not be transferred. Proposed MRD developments may
include preexisting buildings, proinclude preexisting buildings, proinclude preexisting buildings, proinclude preexisting buildings, provided that all MRD requirements are vided that all MRD requirements are vided that all MRD requirements are vided that all MRD requirements are
satisfied by each new or existing building and by the MRD as a whole. satisfied by each new or existing building and by the MRD as a whole. satisfied by each new or existing building and by the MRD as a whole. satisfied by each new or existing building and by the MRD as a whole.
[3][3][3][3] Up to 50% of the land area proposed to be set aside as open land may Up to 50% of the land area proposed to be set aside as open land may Up to 50% of the land area proposed to be set aside as open land may Up to 50% of the land area proposed to be set aside as open land may
be located on a different parcel(s) of land; said open land shall meet be located on a different parcel(s) of land; said open land shall meet be located on a different parcel(s) of land; said open land shall meet be located on a different parcel(s) of land; said open land shall meet
the cthe cthe cthe criteria of lot area as defined under §riteria of lot area as defined under §riteria of lot area as defined under §riteria of lot area as defined under § 139139139139----2 (Definitions and word 2 (Definitions and word 2 (Definitions and word 2 (Definitions and word
usage) of this chapter, as well as the following criteria: usage) of this chapter, as well as the following criteria: usage) of this chapter, as well as the following criteria: usage) of this chapter, as well as the following criteria:
[a][a][a][a] A special importance to remain in its natural state to preserve A special importance to remain in its natural state to preserve A special importance to remain in its natural state to preserve A special importance to remain in its natural state to preserve
scenic views and vistas; or scenic views and vistas; or scenic views and vistas; or scenic views and vistas; or
[b][b][b][b] Borders existing open space Borders existing open space Borders existing open space Borders existing open space land and would be an important land and would be an important land and would be an important land and would be an important
addition to said existing open land such as creating an open addition to said existing open land such as creating an open addition to said existing open land such as creating an open addition to said existing open land such as creating an open
space corridor; or space corridor; or space corridor; or space corridor; or
[c][c][c][c] Is a fragile ecological environment; or Is a fragile ecological environment; or Is a fragile ecological environment; or Is a fragile ecological environment; or
[d][d][d][d] Has special agricultural importance; or Has special agricultural importance; or Has special agricultural importance; or Has special agricultural importance; or
[e][e][e][e] Has importance to the Town/county for recreationalHas importance to the Town/county for recreationalHas importance to the Town/county for recreationalHas importance to the Town/county for recreational, water supply , water supply , water supply , water supply
or other municipal use so determined by the Planning Board. or other municipal use so determined by the Planning Board. or other municipal use so determined by the Planning Board. or other municipal use so determined by the Planning Board.
[4][4][4][4] In accordance with MGL c. 40A, §In accordance with MGL c. 40A, §In accordance with MGL c. 40A, §In accordance with MGL c. 40A, § 9, proposed open land shall either 9, proposed open land shall either 9, proposed open land shall either 9, proposed open land shall either
be conveyed to the Town or conveyed to a nonprofit organization, the be conveyed to the Town or conveyed to a nonprofit organization, the be conveyed to the Town or conveyed to a nonprofit organization, the be conveyed to the Town or conveyed to a nonprofit organization, the
Page 79
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
principal purpose of which is the consprincipal purpose of which is the consprincipal purpose of which is the consprincipal purpose of which is the conservation of open land, or ervation of open land, or ervation of open land, or ervation of open land, or
conveyed to a corporation or trust owned or to be owned by the owners conveyed to a corporation or trust owned or to be owned by the owners conveyed to a corporation or trust owned or to be owned by the owners conveyed to a corporation or trust owned or to be owned by the owners
of lots or residential units within the MRD. A restriction enforceable by of lots or residential units within the MRD. A restriction enforceable by of lots or residential units within the MRD. A restriction enforceable by of lots or residential units within the MRD. A restriction enforceable by
the Town shall be recorded providing that such land shall be kept in an the Town shall be recorded providing that such land shall be kept in an the Town shall be recorded providing that such land shall be kept in an the Town shall be recorded providing that such land shall be kept in an
open or naturaopen or naturaopen or naturaopen or natural state and not be built for residential use or developed l state and not be built for residential use or developed l state and not be built for residential use or developed l state and not be built for residential use or developed
for accessory uses such as parking or roadways. for accessory uses such as parking or roadways. for accessory uses such as parking or roadways. for accessory uses such as parking or roadways.
(b)(b)(b)(b) Affordable housing contribution. Affordable housing contribution. Affordable housing contribution. Affordable housing contribution.
[1][1][1][1] Any MRD may provide affordable and/or moderately priced housing Any MRD may provide affordable and/or moderately priced housing Any MRD may provide affordable and/or moderately priced housing Any MRD may provide affordable and/or moderately priced housing
units as allowed in Subsection F(8)(a). units as allowed in Subsection F(8)(a). units as allowed in Subsection F(8)(a). units as allowed in Subsection F(8)(a).
[[[[2]2]2]2] Standards for affordable housing compliance. Standards for affordable housing compliance. Standards for affordable housing compliance. Standards for affordable housing compliance.
[a][a][a][a] Affordable housing units shall be integrated into the MRD Affordable housing units shall be integrated into the MRD Affordable housing units shall be integrated into the MRD Affordable housing units shall be integrated into the MRD
development, and their exterior appearance shall be designed to development, and their exterior appearance shall be designed to development, and their exterior appearance shall be designed to development, and their exterior appearance shall be designed to
be indistinguishable from the marketbe indistinguishable from the marketbe indistinguishable from the marketbe indistinguishable from the market----rate units in the same rate units in the same rate units in the same rate units in the same
development; development; development; development;
[b][b][b][b] TheTheTheThe developer shall provide adequate guarantees, acceptable to developer shall provide adequate guarantees, acceptable to developer shall provide adequate guarantees, acceptable to developer shall provide adequate guarantees, acceptable to
the Planning Board, to ensure the continued availability of the the Planning Board, to ensure the continued availability of the the Planning Board, to ensure the continued availability of the the Planning Board, to ensure the continued availability of the
affordable units in accordance with an acceptable form of affordable units in accordance with an acceptable form of affordable units in accordance with an acceptable form of affordable units in accordance with an acceptable form of
guarantee which may include deed restrictions, recorded deed guarantee which may include deed restrictions, recorded deed guarantee which may include deed restrictions, recorded deed guarantee which may include deed restrictions, recorded deed
covenants relcovenants relcovenants relcovenants relative to equity limitation, or other acceptable forms; ative to equity limitation, or other acceptable forms; ative to equity limitation, or other acceptable forms; ative to equity limitation, or other acceptable forms;
[c][c][c][c] No more than 80% of the building permits for the marketNo more than 80% of the building permits for the marketNo more than 80% of the building permits for the marketNo more than 80% of the building permits for the market----rate units rate units rate units rate units
shall be issued for any MRD development until construction has shall be issued for any MRD development until construction has shall be issued for any MRD development until construction has shall be issued for any MRD development until construction has
commenced on all the affordable units in the MRD development, commenced on all the affordable units in the MRD development, commenced on all the affordable units in the MRD development, commenced on all the affordable units in the MRD development,
no mno mno mno more than 80% of the occupancy permits for the marketore than 80% of the occupancy permits for the marketore than 80% of the occupancy permits for the marketore than 80% of the occupancy permits for the market----rate rate rate rate
units shall be issued until all of the occupancy permits for the units shall be issued until all of the occupancy permits for the units shall be issued until all of the occupancy permits for the units shall be issued until all of the occupancy permits for the
affordable units have been issued.affordable units have been issued.affordable units have been issued.affordable units have been issued.
(c)(c)(c)(c) Intensity of development. Intensity of development. Intensity of development. Intensity of development.
[1][1][1][1] For MRD developments, the following basic intensity factors shFor MRD developments, the following basic intensity factors shFor MRD developments, the following basic intensity factors shFor MRD developments, the following basic intensity factors shall all all all
apply: apply: apply: apply:
[a][a][a][a] Minimum parcel frontage: 20 feet; Minimum parcel frontage: 20 feet; Minimum parcel frontage: 20 feet; Minimum parcel frontage: 20 feet;
[b][b][b][b] Maximum ground cover per lot shall be 35%, not to exceed a Maximum ground cover per lot shall be 35%, not to exceed a Maximum ground cover per lot shall be 35%, not to exceed a Maximum ground cover per lot shall be 35%, not to exceed a
gross footprint of 4,000 square feet for primary dwellings, and gross footprint of 4,000 square feet for primary dwellings, and gross footprint of 4,000 square feet for primary dwellings, and gross footprint of 4,000 square feet for primary dwellings, and
2,000 square feet for all secondary dwellings; 2,000 square feet for all secondary dwellings; 2,000 square feet for all secondary dwellings; 2,000 square feet for all secondary dwellings;
[c][c][c][c] Maximum number of buildingMaximum number of buildingMaximum number of buildingMaximum number of building lots, excluding MRD bonuses, lots, excluding MRD bonuses, lots, excluding MRD bonuses, lots, excluding MRD bonuses,
allowed on a parcel shall be governed by the number of building allowed on a parcel shall be governed by the number of building allowed on a parcel shall be governed by the number of building allowed on a parcel shall be governed by the number of building
lots which could have been created on the tract under lots which could have been created on the tract under lots which could have been created on the tract under lots which could have been created on the tract under
conventional zoning; conventional zoning; conventional zoning; conventional zoning;
[d][d][d][d] As part of the MRD design review process, the Planning Board As part of the MRD design review process, the Planning Board As part of the MRD design review process, the Planning Board As part of the MRD design review process, the Planning Board
may, where it deems amay, where it deems amay, where it deems amay, where it deems appropriate, waive the front yard setback ppropriate, waive the front yard setback ppropriate, waive the front yard setback ppropriate, waive the front yard setback
requirement within the applicable zone, to within one foot of the requirement within the applicable zone, to within one foot of the requirement within the applicable zone, to within one foot of the requirement within the applicable zone, to within one foot of the
front property line and may where it deems appropriate waive by front property line and may where it deems appropriate waive by front property line and may where it deems appropriate waive by front property line and may where it deems appropriate waive by
up to 100% the applicable side and rear lot line setbacks. In order up to 100% the applicable side and rear lot line setbacks. In order up to 100% the applicable side and rear lot line setbacks. In order up to 100% the applicable side and rear lot line setbacks. In order
to grant any suchto grant any suchto grant any suchto grant any such waiver, the Planning Board must find that the waiver, the Planning Board must find that the waiver, the Planning Board must find that the waiver, the Planning Board must find that the
waiver shall not have an adverse effect on the neighborhood and waiver shall not have an adverse effect on the neighborhood and waiver shall not have an adverse effect on the neighborhood and waiver shall not have an adverse effect on the neighborhood and
that the waiver shall promote the purposes and intent of this that the waiver shall promote the purposes and intent of this that the waiver shall promote the purposes and intent of this that the waiver shall promote the purposes and intent of this
Page 80
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
section. [Amended 4section. [Amended 4section. [Amended 4section. [Amended 4----12121212----2004 ATM by Art. 35, AG approval 92004 ATM by Art. 35, AG approval 92004 ATM by Art. 35, AG approval 92004 ATM by Art. 35, AG approval 9----3333----
2004] 2004] 2004] 2004]
[e][e][e][e] The regulariThe regulariThe regulariThe regularity formula contained in §ty formula contained in §ty formula contained in §ty formula contained in § 139139139139----16 shall not apply to lots 16 shall not apply to lots 16 shall not apply to lots 16 shall not apply to lots
in an MRD; [Added 4in an MRD; [Added 4in an MRD; [Added 4in an MRD; [Added 4----10101010----1995 ATM by Art. 43, AG approval 51995 ATM by Art. 43, AG approval 51995 ATM by Art. 43, AG approval 51995 ATM by Art. 43, AG approval 5----22222222----
1995] 1995] 1995] 1995]
[2][2][2][2] MRD shall conform to the area and open land requirements outlined in MRD shall conform to the area and open land requirements outlined in MRD shall conform to the area and open land requirements outlined in MRD shall conform to the area and open land requirements outlined in
the following table: the following table: the following table: the following table:
LUGLUGLUGLUG----3333 LUGLUGLUGLUG----2222 LUGLUGLUGLUG----1111
Minimum tract Minimum tract Minimum tract Minimum tract
aaaarea (acres)rea (acres)rea (acres)rea (acres)
****22222222 ****15151515 ****8888
Open land Open land Open land Open land
requiredrequiredrequiredrequired
80%80%80%80% 75%75%75%75% 65%65%65%65%
RRRR----20202020 RRRR----10101010 RRRR----1, RC, 1, RC, 1, RC, 1, RC,
RCRCRCRC----2222
Minimum tract Minimum tract Minimum tract Minimum tract
area (acres)area (acres)area (acres)area (acres)
3.73.73.73.7 2222 1111
Open land Open land Open land Open land
requiredrequiredrequiredrequired
60%60%60%60% 40%40%40%40% 10%10%10%10%
NOTES: NOTES: NOTES: NOTES: ****The Planning Board may waive this minimum The Planning Board may waive this minimum The Planning Board may waive this minimum The Planning Board may waive this minimum
tract area if it determines that the proposed MRD is mortract area if it determines that the proposed MRD is mortract area if it determines that the proposed MRD is mortract area if it determines that the proposed MRD is more e e e
in keeping with the surrounding area, promotes a more in keeping with the surrounding area, promotes a more in keeping with the surrounding area, promotes a more in keeping with the surrounding area, promotes a more
efficient use of the land, and is consistent with the general efficient use of the land, and is consistent with the general efficient use of the land, and is consistent with the general efficient use of the land, and is consistent with the general
intent of this chapter.intent of this chapter.intent of this chapter.intent of this chapter.
[3][3][3][3] MRD development option is not permitted in the Moorlands MRD development option is not permitted in the Moorlands MRD development option is not permitted in the Moorlands MRD development option is not permitted in the Moorlands
Management District (MMD). Management District (MMD). Management District (MMD). Management District (MMD).
(8)(8)(8)(8) MRD incentives/bonuMRD incentives/bonuMRD incentives/bonuMRD incentives/bonuses. ses. ses. ses.
(a)(a)(a)(a) An MRD development shall be entitled to an increase of 10% above the An MRD development shall be entitled to an increase of 10% above the An MRD development shall be entitled to an increase of 10% above the An MRD development shall be entitled to an increase of 10% above the
number of building lots which could otherwise have been created on the number of building lots which could otherwise have been created on the number of building lots which could otherwise have been created on the number of building lots which could otherwise have been created on the
parcel under §parcel under §parcel under §parcel under § 139139139139----16A of this chapter, as demonstrated by the submission 16A of this chapter, as demonstrated by the submission 16A of this chapter, as demonstrated by the submission 16A of this chapter, as demonstrated by the submission
of a dimensioned sketch plan shoof a dimensioned sketch plan shoof a dimensioned sketch plan shoof a dimensioned sketch plan showing conventional subdivision, as well as wing conventional subdivision, as well as wing conventional subdivision, as well as wing conventional subdivision, as well as
any additional density bonuses which may be permitted under Subsection any additional density bonuses which may be permitted under Subsection any additional density bonuses which may be permitted under Subsection any additional density bonuses which may be permitted under Subsection
F(8)(b) and (c) below. F(8)(b) and (c) below. F(8)(b) and (c) below. F(8)(b) and (c) below.
(b)(b)(b)(b) Affordable and moderately priced housing bonus. Affordable and moderately priced housing bonus. Affordable and moderately priced housing bonus. Affordable and moderately priced housing bonus.
[1][1][1][1] For every affordable housing unit provided, one additional marFor every affordable housing unit provided, one additional marFor every affordable housing unit provided, one additional marFor every affordable housing unit provided, one additional marketketketket----rate rate rate rate
unit may be provided. unit may be provided. unit may be provided. unit may be provided.
[2][2][2][2] For every two moderately priced housing units provided, one additional For every two moderately priced housing units provided, one additional For every two moderately priced housing units provided, one additional For every two moderately priced housing units provided, one additional
marketmarketmarketmarket----rate housing unit may be provided. rate housing unit may be provided. rate housing unit may be provided. rate housing unit may be provided.
[3][3][3][3] See Article I, §See Article I, §See Article I, §See Article I, § 139139139139----2 of this chapter for definitions of affordable 2 of this chapter for definitions of affordable 2 of this chapter for definitions of affordable 2 of this chapter for definitions of affordable
housing. housing. housing. housing.
(c)(c)(c)(c) Fractional computaFractional computaFractional computaFractional computations. For all MRD density calculations which result in a tions. For all MRD density calculations which result in a tions. For all MRD density calculations which result in a tions. For all MRD density calculations which result in a
fractional number, only fractions equal to or greater than .51 should be fractional number, only fractions equal to or greater than .51 should be fractional number, only fractions equal to or greater than .51 should be fractional number, only fractions equal to or greater than .51 should be
rounded up to the next highest whole number; all other fractional numbers rounded up to the next highest whole number; all other fractional numbers rounded up to the next highest whole number; all other fractional numbers rounded up to the next highest whole number; all other fractional numbers
shall be rounded down to the nearest lower whole nushall be rounded down to the nearest lower whole nushall be rounded down to the nearest lower whole nushall be rounded down to the nearest lower whole number. mber. mber. mber.
Page 81
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(d)(d)(d)(d) Accessory nonresidential use. Accessory nonresidential use. Accessory nonresidential use. Accessory nonresidential use.
[1][1][1][1] As part of the MRD special permit application, an applicant may As part of the MRD special permit application, an applicant may As part of the MRD special permit application, an applicant may As part of the MRD special permit application, an applicant may
request designation of a lot within the MRD subdivision for a request designation of a lot within the MRD subdivision for a request designation of a lot within the MRD subdivision for a request designation of a lot within the MRD subdivision for a
nonresidential use. Said nonresidential use shall be limited to 2,000 nonresidential use. Said nonresidential use shall be limited to 2,000 nonresidential use. Said nonresidential use shall be limited to 2,000 nonresidential use. Said nonresidential use shall be limited to 2,000
gross square gross square gross square gross square feet of smallfeet of smallfeet of smallfeet of small----scale, neighborhoodscale, neighborhoodscale, neighborhoodscale, neighborhood----oriented retail or office oriented retail or office oriented retail or office oriented retail or office
use as allowed in §use as allowed in §use as allowed in §use as allowed in § 139139139139----7. As part of the MRD submission, an 7. As part of the MRD submission, an 7. As part of the MRD submission, an 7. As part of the MRD submission, an
applicant must provide information which supports the need or applicant must provide information which supports the need or applicant must provide information which supports the need or applicant must provide information which supports the need or
necessity of the proposed nonresidential use. Proposed nonresidential necessity of the proposed nonresidential use. Proposed nonresidential necessity of the proposed nonresidential use. Proposed nonresidential necessity of the proposed nonresidential use. Proposed nonresidential
useuseuseuses shall be appropriately scaled for a village setting, and shall be s shall be appropriately scaled for a village setting, and shall be s shall be appropriately scaled for a village setting, and shall be s shall be appropriately scaled for a village setting, and shall be
designed to complement the overall function and architecture of the designed to complement the overall function and architecture of the designed to complement the overall function and architecture of the designed to complement the overall function and architecture of the
immediate area as determined by the Planning Board. immediate area as determined by the Planning Board. immediate area as determined by the Planning Board. immediate area as determined by the Planning Board.
[2][2][2][2] If, in the opinion of the Planning Board, the proposed nonresidIf, in the opinion of the Planning Board, the proposed nonresidIf, in the opinion of the Planning Board, the proposed nonresidIf, in the opinion of the Planning Board, the proposed nonresidential ential ential ential
use is determined to be desirable within the proposed MRD use is determined to be desirable within the proposed MRD use is determined to be desirable within the proposed MRD use is determined to be desirable within the proposed MRD
subdivision, the inclusion of said nonresidential use shall be evaluated subdivision, the inclusion of said nonresidential use shall be evaluated subdivision, the inclusion of said nonresidential use shall be evaluated subdivision, the inclusion of said nonresidential use shall be evaluated
in accordance with the performance criteria of Subsection F(11). in accordance with the performance criteria of Subsection F(11). in accordance with the performance criteria of Subsection F(11). in accordance with the performance criteria of Subsection F(11).
(e)(e)(e)(e) Public access to open land. An additional 10% aPublic access to open land. An additional 10% aPublic access to open land. An additional 10% aPublic access to open land. An additional 10% above the number of bove the number of bove the number of bove the number of
building lots which could have been created on the MRD tract and of any building lots which could have been created on the MRD tract and of any building lots which could have been created on the MRD tract and of any building lots which could have been created on the MRD tract and of any
offoffoffoff----site open space parcels under conventional zoning shall be permitted if site open space parcels under conventional zoning shall be permitted if site open space parcels under conventional zoning shall be permitted if site open space parcels under conventional zoning shall be permitted if
the open land remains accessible to the public in perpetuity through either the open land remains accessible to the public in perpetuity through either the open land remains accessible to the public in perpetuity through either the open land remains accessible to the public in perpetuity through either
fullfullfullfull----fee dedifee dedifee dedifee dedication to the Town or the Nantucket Islands Land Bank or a cation to the Town or the Nantucket Islands Land Bank or a cation to the Town or the Nantucket Islands Land Bank or a cation to the Town or the Nantucket Islands Land Bank or a
conservation restriction with permanent access. conservation restriction with permanent access. conservation restriction with permanent access. conservation restriction with permanent access.
(f)(f)(f)(f) The total increase in building lots shall not exceed 35% of the number The total increase in building lots shall not exceed 35% of the number The total increase in building lots shall not exceed 35% of the number The total increase in building lots shall not exceed 35% of the number
allowed under conventional zoning; however, no increase in excess of 10% allowed under conventional zoning; however, no increase in excess of 10% allowed under conventional zoning; however, no increase in excess of 10% allowed under conventional zoning; however, no increase in excess of 10%
of the number of buildable lots under conventional zoning shall be of the number of buildable lots under conventional zoning shall be of the number of buildable lots under conventional zoning shall be of the number of buildable lots under conventional zoning shall be
permitted for tracts located in the Wellhead Protection Zone and not served permitted for tracts located in the Wellhead Protection Zone and not served permitted for tracts located in the Wellhead Protection Zone and not served permitted for tracts located in the Wellhead Protection Zone and not served
by sewer lines. by sewer lines. by sewer lines. by sewer lines.
(9)(9)(9)(9) Limitation of subdivision and ownership. No lot or development parcel shown on Limitation of subdivision and ownership. No lot or development parcel shown on Limitation of subdivision and ownership. No lot or development parcel shown on Limitation of subdivision and ownership. No lot or development parcel shown on
an MRD plan an MRD plan an MRD plan an MRD plan for which a permit is granted pursuant to this MRD Bylaw and for which a permit is granted pursuant to this MRD Bylaw and for which a permit is granted pursuant to this MRD Bylaw and for which a permit is granted pursuant to this MRD Bylaw and
remains validly in effect may be further subdivided, and a note to this effect shall remains validly in effect may be further subdivided, and a note to this effect shall remains validly in effect may be further subdivided, and a note to this effect shall remains validly in effect may be further subdivided, and a note to this effect shall
be shown on the plan. be shown on the plan. be shown on the plan. be shown on the plan.
(10)(10)(10)(10) Development standards. All MRD developments shall conform to the following Development standards. All MRD developments shall conform to the following Development standards. All MRD developments shall conform to the following Development standards. All MRD developments shall conform to the following
develodevelodevelodevelopment standards: pment standards: pment standards: pment standards:
(a)(a)(a)(a) Screening. Within the required setbacks, landscaping shall be provided so Screening. Within the required setbacks, landscaping shall be provided so Screening. Within the required setbacks, landscaping shall be provided so Screening. Within the required setbacks, landscaping shall be provided so
as to provide effective screening of the MRD from visibility from abutting as to provide effective screening of the MRD from visibility from abutting as to provide effective screening of the MRD from visibility from abutting as to provide effective screening of the MRD from visibility from abutting
properties. To the greatest extent practical, existing natural vegetation shall properties. To the greatest extent practical, existing natural vegetation shall properties. To the greatest extent practical, existing natural vegetation shall properties. To the greatest extent practical, existing natural vegetation shall
be prbe prbe prbe preserved and enhanced. All plantings shall be properly installed and eserved and enhanced. All plantings shall be properly installed and eserved and enhanced. All plantings shall be properly installed and eserved and enhanced. All plantings shall be properly installed and
maintained and shall be indigenous to Nantucket. maintained and shall be indigenous to Nantucket. maintained and shall be indigenous to Nantucket. maintained and shall be indigenous to Nantucket.
(b)(b)(b)(b) Open land. Open land of the MRD parcel shall not contain parking, loading Open land. Open land of the MRD parcel shall not contain parking, loading Open land. Open land of the MRD parcel shall not contain parking, loading Open land. Open land of the MRD parcel shall not contain parking, loading
and unloading spaces or access way thereto, or be used as prand unloading spaces or access way thereto, or be used as prand unloading spaces or access way thereto, or be used as prand unloading spaces or access way thereto, or be used as private yards, ivate yards, ivate yards, ivate yards,
patios, or gardens for the exclusive or principal use by the residents of an patios, or gardens for the exclusive or principal use by the residents of an patios, or gardens for the exclusive or principal use by the residents of an patios, or gardens for the exclusive or principal use by the residents of an
individual dwelling unit. To the greatest extent possible such open land individual dwelling unit. To the greatest extent possible such open land individual dwelling unit. To the greatest extent possible such open land individual dwelling unit. To the greatest extent possible such open land
shall be left in its undisturbed natural condition. shall be left in its undisturbed natural condition. shall be left in its undisturbed natural condition. shall be left in its undisturbed natural condition.
(c)(c)(c)(c) Site circulation and parking. Site circulation and parking. Site circulation and parking. Site circulation and parking.
Page 82
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
[1][1][1][1] SSSSite circulation shall meet accepted standards for private automobiles, ite circulation shall meet accepted standards for private automobiles, ite circulation shall meet accepted standards for private automobiles, ite circulation shall meet accepted standards for private automobiles,
service vehicles, and emergency vehicles. It is highly desirable to service vehicles, and emergency vehicles. It is highly desirable to service vehicles, and emergency vehicles. It is highly desirable to service vehicles, and emergency vehicles. It is highly desirable to
consolidate access to an MRD in a small number of widely spaced consolidate access to an MRD in a small number of widely spaced consolidate access to an MRD in a small number of widely spaced consolidate access to an MRD in a small number of widely spaced
principal access points, which may be driveways or siprincipal access points, which may be driveways or siprincipal access points, which may be driveways or siprincipal access points, which may be driveways or side streets within de streets within de streets within de streets within
or adjacent to the MRD. Principal access should be consolidated in as or adjacent to the MRD. Principal access should be consolidated in as or adjacent to the MRD. Principal access should be consolidated in as or adjacent to the MRD. Principal access should be consolidated in as
few locations as possible and, if feasible, it is desirable for adjacent few locations as possible and, if feasible, it is desirable for adjacent few locations as possible and, if feasible, it is desirable for adjacent few locations as possible and, if feasible, it is desirable for adjacent
developments to share principal access. Principal access points developments to share principal access. Principal access points developments to share principal access. Principal access points developments to share principal access. Principal access points
should be spaced and aligned orshould be spaced and aligned orshould be spaced and aligned orshould be spaced and aligned or alternated according to good traffic alternated according to good traffic alternated according to good traffic alternated according to good traffic
engineering practice. engineering practice. engineering practice. engineering practice.
[2][2][2][2] Parking space size shall be in accordance with the Nantucket zoning Parking space size shall be in accordance with the Nantucket zoning Parking space size shall be in accordance with the Nantucket zoning Parking space size shall be in accordance with the Nantucket zoning
bylaws and shall be landscaped in accordance with Subsection bylaws and shall be landscaped in accordance with Subsection bylaws and shall be landscaped in accordance with Subsection bylaws and shall be landscaped in accordance with Subsection
F(10)(d)[1]. A minimum of 5% of the gross area of each parkingF(10)(d)[1]. A minimum of 5% of the gross area of each parkingF(10)(d)[1]. A minimum of 5% of the gross area of each parkingF(10)(d)[1]. A minimum of 5% of the gross area of each parking lot lot lot lot
shall be devoted to interior landscaped areas, of as uniform a shall be devoted to interior landscaped areas, of as uniform a shall be devoted to interior landscaped areas, of as uniform a shall be devoted to interior landscaped areas, of as uniform a
distribution as practicable throughout the parking lots and densely distribution as practicable throughout the parking lots and densely distribution as practicable throughout the parking lots and densely distribution as practicable throughout the parking lots and densely
planted with trees and taller shrubs to provide screening. planted with trees and taller shrubs to provide screening. planted with trees and taller shrubs to provide screening. planted with trees and taller shrubs to provide screening.
[3][3][3][3] Roadways and drives within an MRD shall be constructed iRoadways and drives within an MRD shall be constructed iRoadways and drives within an MRD shall be constructed iRoadways and drives within an MRD shall be constructed in n n n
conformance with standards established by the Nantucket Department conformance with standards established by the Nantucket Department conformance with standards established by the Nantucket Department conformance with standards established by the Nantucket Department
of Public Works. of Public Works. of Public Works. of Public Works.
[4][4][4][4] All onAll onAll onAll on----site and offsite and offsite and offsite and off----site improvements, which include the installation of site improvements, which include the installation of site improvements, which include the installation of site improvements, which include the installation of
utilities, public lighting, sewers, fencing and other public improvements utilities, public lighting, sewers, fencing and other public improvements utilities, public lighting, sewers, fencing and other public improvements utilities, public lighting, sewers, fencing and other public improvements
shall be constructshall be constructshall be constructshall be constructed in accordance with the standards of the ed in accordance with the standards of the ed in accordance with the standards of the ed in accordance with the standards of the
Subdivision Rules and Regulations, the Nantucket Department of Subdivision Rules and Regulations, the Nantucket Department of Subdivision Rules and Regulations, the Nantucket Department of Subdivision Rules and Regulations, the Nantucket Department of
Public Works and other appropriate departments. Public Works and other appropriate departments. Public Works and other appropriate departments. Public Works and other appropriate departments.
(d)(d)(d)(d) Design quality. Project design shall be reviewed by the Planning Board with Design quality. Project design shall be reviewed by the Planning Board with Design quality. Project design shall be reviewed by the Planning Board with Design quality. Project design shall be reviewed by the Planning Board with
input from the Histoinput from the Histoinput from the Histoinput from the Historic District Commission, any review consultant(s) ric District Commission, any review consultant(s) ric District Commission, any review consultant(s) ric District Commission, any review consultant(s)
employed by the Planning Board, and others as appropriate. The following employed by the Planning Board, and others as appropriate. The following employed by the Planning Board, and others as appropriate. The following employed by the Planning Board, and others as appropriate. The following
in this subsection are to be interpreted as guidelines to be applied flexibly in this subsection are to be interpreted as guidelines to be applied flexibly in this subsection are to be interpreted as guidelines to be applied flexibly in this subsection are to be interpreted as guidelines to be applied flexibly
by the Planning Board and as appropriate to the situatiby the Planning Board and as appropriate to the situatiby the Planning Board and as appropriate to the situatiby the Planning Board and as appropriate to the situation under review, on under review, on under review, on under review,
including factors such as foundation and soil characteristics and other including factors such as foundation and soil characteristics and other including factors such as foundation and soil characteristics and other including factors such as foundation and soil characteristics and other
extraordinary site constraints. These guidelines apply to all site extraordinary site constraints. These guidelines apply to all site extraordinary site constraints. These guidelines apply to all site extraordinary site constraints. These guidelines apply to all site
improvements and buildings and structures: improvements and buildings and structures: improvements and buildings and structures: improvements and buildings and structures:
[1][1][1][1] Landscaping. Landscaping. Landscaping. Landscaping.
[a][a][a][a] All open areas within an MRD shoulAll open areas within an MRD shoulAll open areas within an MRD shoulAll open areas within an MRD should be landscaped in an d be landscaped in an d be landscaped in an d be landscaped in an
appropriate manner, utilizing both natural and manappropriate manner, utilizing both natural and manappropriate manner, utilizing both natural and manappropriate manner, utilizing both natural and man----made made made made
materials such as grass, trees, shrubs, fencing, traditional and materials such as grass, trees, shrubs, fencing, traditional and materials such as grass, trees, shrubs, fencing, traditional and materials such as grass, trees, shrubs, fencing, traditional and
attractive paving materials and outdoor furniture; attractive paving materials and outdoor furniture; attractive paving materials and outdoor furniture; attractive paving materials and outdoor furniture;
[b][b][b][b] Deciduous trees should be placed along new and existing sDeciduous trees should be placed along new and existing sDeciduous trees should be placed along new and existing sDeciduous trees should be placed along new and existing streets treets treets treets
and ways; and ways; and ways; and ways;
[c][c][c][c] Outdoor lighting should be considered in the landscaping plan Outdoor lighting should be considered in the landscaping plan Outdoor lighting should be considered in the landscaping plan Outdoor lighting should be considered in the landscaping plan
and should be designed to complement both manand should be designed to complement both manand should be designed to complement both manand should be designed to complement both man----made and made and made and made and
natural elements of the MRD and adjacent areas; natural elements of the MRD and adjacent areas; natural elements of the MRD and adjacent areas; natural elements of the MRD and adjacent areas;
[d][d][d][d] Indigenous, highIndigenous, highIndigenous, highIndigenous, high----quality landscaping should be provided within quality landscaping should be provided within quality landscaping should be provided within quality landscaping should be provided within
tttthe MRD where it abuts major streets, existing residential areas, he MRD where it abuts major streets, existing residential areas, he MRD where it abuts major streets, existing residential areas, he MRD where it abuts major streets, existing residential areas,
and along internal drives; and along internal drives; and along internal drives; and along internal drives;
[e][e][e][e] Parking lots should use landscaping and terracing to break up Parking lots should use landscaping and terracing to break up Parking lots should use landscaping and terracing to break up Parking lots should use landscaping and terracing to break up
large areas of pavement and to enhance a residential flavor and large areas of pavement and to enhance a residential flavor and large areas of pavement and to enhance a residential flavor and large areas of pavement and to enhance a residential flavor and
Page 83
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
appearance; trees and shrubs shouappearance; trees and shrubs shouappearance; trees and shrubs shouappearance; trees and shrubs should be used to the maximum ld be used to the maximum ld be used to the maximum ld be used to the maximum
extent feasible. extent feasible. extent feasible. extent feasible.
[2][2][2][2] Pedestrian amenities. Pedestrian amenities. Pedestrian amenities. Pedestrian amenities.
[a][a][a][a] Emphasize pedestrianEmphasize pedestrianEmphasize pedestrianEmphasize pedestrian----oriented features such as pergolas, oriented features such as pergolas, oriented features such as pergolas, oriented features such as pergolas,
gardens, outdoor seating, alleys, landscaped open land, dropgardens, outdoor seating, alleys, landscaped open land, dropgardens, outdoor seating, alleys, landscaped open land, dropgardens, outdoor seating, alleys, landscaped open land, drop----off off off off
areas, fencing and recreational facilities; areas, fencing and recreational facilities; areas, fencing and recreational facilities; areas, fencing and recreational facilities;
[b][b][b][b] TreeTreeTreeTree----linelinelinelined or otherwise appropriately landscaped pedestrian d or otherwise appropriately landscaped pedestrian d or otherwise appropriately landscaped pedestrian d or otherwise appropriately landscaped pedestrian
paths and walkways should link together areas designated as paths and walkways should link together areas designated as paths and walkways should link together areas designated as paths and walkways should link together areas designated as
open land within the site and wherever possible to adjoining open land within the site and wherever possible to adjoining open land within the site and wherever possible to adjoining open land within the site and wherever possible to adjoining
public areas. public areas. public areas. public areas.
[3][3][3][3] Utilities. To the maximum extent feasible, all utilities should Utilities. To the maximum extent feasible, all utilities should Utilities. To the maximum extent feasible, all utilities should Utilities. To the maximum extent feasible, all utilities should be located be located be located be located
underground. underground. underground. underground.
[4][4][4][4] The Historic District Commission (HDC) shall review the proposed The Historic District Commission (HDC) shall review the proposed The Historic District Commission (HDC) shall review the proposed The Historic District Commission (HDC) shall review the proposed
MRD for the following: MRD for the following: MRD for the following: MRD for the following:
[a][a][a][a] Building placement. To preserve and protect the spacious Building placement. To preserve and protect the spacious Building placement. To preserve and protect the spacious Building placement. To preserve and protect the spacious
character of the natural landscape and to minimize the visual character of the natural landscape and to minimize the visual character of the natural landscape and to minimize the visual character of the natural landscape and to minimize the visual
impact of scattimpact of scattimpact of scattimpact of scattered house sites; ered house sites; ered house sites; ered house sites;
[b][b][b][b] Building massing/articulation. Building massing/articulation. Building massing/articulation. Building massing/articulation.
[i][i][i][i] Provide humanProvide humanProvide humanProvide human----scale features and building detailing. scale features and building detailing. scale features and building detailing. scale features and building detailing.
[ii][ii][ii][ii] Avoid unarticulated and monotonous building facades and Avoid unarticulated and monotonous building facades and Avoid unarticulated and monotonous building facades and Avoid unarticulated and monotonous building facades and
window placement. window placement. window placement. window placement.
[c][c][c][c] Roofline articulation. Provide a variety of building heightRoofline articulation. Provide a variety of building heightRoofline articulation. Provide a variety of building heightRoofline articulation. Provide a variety of building heights and s and s and s and
varied roofline articulation, as defined in the Nantucket Historic varied roofline articulation, as defined in the Nantucket Historic varied roofline articulation, as defined in the Nantucket Historic varied roofline articulation, as defined in the Nantucket Historic
District Commission publication entitled "Building with Nantucket District Commission publication entitled "Building with Nantucket District Commission publication entitled "Building with Nantucket District Commission publication entitled "Building with Nantucket
in Mind." in Mind." in Mind." in Mind."
[d][d][d][d] Building materials. Use materials and building treatments that Building materials. Use materials and building treatments that Building materials. Use materials and building treatments that Building materials. Use materials and building treatments that
mitigate the impact of buildings from dmitigate the impact of buildings from dmitigate the impact of buildings from dmitigate the impact of buildings from distant vantage points and istant vantage points and istant vantage points and istant vantage points and
that are compatible with backgrounds and surroundings; use that are compatible with backgrounds and surroundings; use that are compatible with backgrounds and surroundings; use that are compatible with backgrounds and surroundings; use
materials and colors compatible with other quality buildings of materials and colors compatible with other quality buildings of materials and colors compatible with other quality buildings of materials and colors compatible with other quality buildings of
similar scale in the vicinity. similar scale in the vicinity. similar scale in the vicinity. similar scale in the vicinity.
(11)(11)(11)(11) Performance criteria. In addition to conforming to the use and dimensPerformance criteria. In addition to conforming to the use and dimensPerformance criteria. In addition to conforming to the use and dimensPerformance criteria. In addition to conforming to the use and dimensional ional ional ional
requirements governing MRD's, approval of the special permit to construct an requirements governing MRD's, approval of the special permit to construct an requirements governing MRD's, approval of the special permit to construct an requirements governing MRD's, approval of the special permit to construct an
MRD shall be granted only upon determination by the Planning Board that a MRD shall be granted only upon determination by the Planning Board that a MRD shall be granted only upon determination by the Planning Board that a MRD shall be granted only upon determination by the Planning Board that a
proposed MRD satisfies the following criteria. In any disapproval of an MRD, the proposed MRD satisfies the following criteria. In any disapproval of an MRD, the proposed MRD satisfies the following criteria. In any disapproval of an MRD, the proposed MRD satisfies the following criteria. In any disapproval of an MRD, the
Planning Board shaPlanning Board shaPlanning Board shaPlanning Board shall state in writing the specific reasons for its finding that the ll state in writing the specific reasons for its finding that the ll state in writing the specific reasons for its finding that the ll state in writing the specific reasons for its finding that the
proposed MRD does not satisfy one or more of these criteria. Mitigation proposed MRD does not satisfy one or more of these criteria. Mitigation proposed MRD does not satisfy one or more of these criteria. Mitigation proposed MRD does not satisfy one or more of these criteria. Mitigation
measures proposed by the developer, at no cost to the Town, shall be measures proposed by the developer, at no cost to the Town, shall be measures proposed by the developer, at no cost to the Town, shall be measures proposed by the developer, at no cost to the Town, shall be
considered in making these determinations. considered in making these determinations. considered in making these determinations. considered in making these determinations.
(a)(a)(a)(a) TTTThe proposed MRD conforms as appropriate to existing goals and he proposed MRD conforms as appropriate to existing goals and he proposed MRD conforms as appropriate to existing goals and he proposed MRD conforms as appropriate to existing goals and
objectives established by the Town Meeting, the Board of Selectmen, and objectives established by the Town Meeting, the Board of Selectmen, and objectives established by the Town Meeting, the Board of Selectmen, and objectives established by the Town Meeting, the Board of Selectmen, and
the Planning Board for the specific area of the Town in which the MRD is the Planning Board for the specific area of the Town in which the MRD is the Planning Board for the specific area of the Town in which the MRD is the Planning Board for the specific area of the Town in which the MRD is
proposed to be located. proposed to be located. proposed to be located. proposed to be located.
(b)(b)(b)(b) There is no significThere is no significThere is no significThere is no significant adverse effect under the following: ant adverse effect under the following: ant adverse effect under the following: ant adverse effect under the following:
Page 84
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
[1][1][1][1] Quality of site design, building design, and landscaping as they affect Quality of site design, building design, and landscaping as they affect Quality of site design, building design, and landscaping as they affect Quality of site design, building design, and landscaping as they affect
occupants of the proposed development, adjacent residential districts, occupants of the proposed development, adjacent residential districts, occupants of the proposed development, adjacent residential districts, occupants of the proposed development, adjacent residential districts,
and the Town as a whole; and the Town as a whole; and the Town as a whole; and the Town as a whole;
[2][2][2][2] Traffic flow and safety in the contextTraffic flow and safety in the contextTraffic flow and safety in the contextTraffic flow and safety in the context of this and other proposed of this and other proposed of this and other proposed of this and other proposed
developments in the immediate vicinity and sensitive neighboring developments in the immediate vicinity and sensitive neighboring developments in the immediate vicinity and sensitive neighboring developments in the immediate vicinity and sensitive neighboring
areas, which may be identified in the preareas, which may be identified in the preareas, which may be identified in the preareas, which may be identified in the pre----application conference; application conference; application conference; application conference;
[3][3][3][3] Water quality, air quality, wetlands, and the natural environment; Water quality, air quality, wetlands, and the natural environment; Water quality, air quality, wetlands, and the natural environment; Water quality, air quality, wetlands, and the natural environment;
[4][4][4][4] Provision of open laProvision of open laProvision of open laProvision of open land; nd; nd; nd;
[5][5][5][5] Adequacy of utilities and other public works and impact on existing Adequacy of utilities and other public works and impact on existing Adequacy of utilities and other public works and impact on existing Adequacy of utilities and other public works and impact on existing
public facilities within the Town; and public facilities within the Town; and public facilities within the Town; and public facilities within the Town; and
[6][6][6][6] Potential fiscal impact to the Town of Nantucket. Potential fiscal impact to the Town of Nantucket. Potential fiscal impact to the Town of Nantucket. Potential fiscal impact to the Town of Nantucket.
(e)(e)(e)(e) Approval of the proposed MRD provides benefits to the Town which Approval of the proposed MRD provides benefits to the Town which Approval of the proposed MRD provides benefits to the Town which Approval of the proposed MRD provides benefits to the Town which
outweigh all adveroutweigh all adveroutweigh all adveroutweigh all adverse effects, as evaluated under the above criteria. se effects, as evaluated under the above criteria. se effects, as evaluated under the above criteria. se effects, as evaluated under the above criteria.
(12)(12)(12)(12) Environmental performance criteria. An MRD shall conform in each phase to all Environmental performance criteria. An MRD shall conform in each phase to all Environmental performance criteria. An MRD shall conform in each phase to all Environmental performance criteria. An MRD shall conform in each phase to all
applicable federal, state and local laws and regulations (including all such applicable federal, state and local laws and regulations (including all such applicable federal, state and local laws and regulations (including all such applicable federal, state and local laws and regulations (including all such
regulations established by the U.S. Environregulations established by the U.S. Environregulations established by the U.S. Environregulations established by the U.S. Environmental Protection Agency and the mental Protection Agency and the mental Protection Agency and the mental Protection Agency and the
Massachusetts Department of Environmental Protection) regarding the Massachusetts Department of Environmental Protection) regarding the Massachusetts Department of Environmental Protection) regarding the Massachusetts Department of Environmental Protection) regarding the
environment, including those concerning noise, air quality, wetlands, water environment, including those concerning noise, air quality, wetlands, water environment, including those concerning noise, air quality, wetlands, water environment, including those concerning noise, air quality, wetlands, water
quality, runoff and erosion control, and protection from flooding. quality, runoff and erosion control, and protection from flooding. quality, runoff and erosion control, and protection from flooding. quality, runoff and erosion control, and protection from flooding.
(13)(13)(13)(13) ContrContrContrControl of runoff and flooding. ol of runoff and flooding. ol of runoff and flooding. ol of runoff and flooding.
(c)(c)(c)(c) The applicant shall demonstrate that, as compared with the situation that The applicant shall demonstrate that, as compared with the situation that The applicant shall demonstrate that, as compared with the situation that The applicant shall demonstrate that, as compared with the situation that
would exist on the site without the development, no phase of the proposed would exist on the site without the development, no phase of the proposed would exist on the site without the development, no phase of the proposed would exist on the site without the development, no phase of the proposed
MRD will result in an increase in the peak rate of storm runoff at the parcel MRD will result in an increase in the peak rate of storm runoff at the parcel MRD will result in an increase in the peak rate of storm runoff at the parcel MRD will result in an increase in the peak rate of storm runoff at the parcel
boboboboundary for the MRD as a whole for the twentyundary for the MRD as a whole for the twentyundary for the MRD as a whole for the twentyundary for the MRD as a whole for the twenty----fivefivefivefive----, fifty, fifty, fifty, fifty----, and one, and one, and one, and one----
hundredhundredhundredhundred----year design storms, and that there will be no net loss in flood year design storms, and that there will be no net loss in flood year design storms, and that there will be no net loss in flood year design storms, and that there will be no net loss in flood
storage capacity for the onestorage capacity for the onestorage capacity for the onestorage capacity for the one----hundredhundredhundredhundred----year design storm. In making such year design storm. In making such year design storm. In making such year design storm. In making such
determinations, any state or local orders or determinations, any state or local orders or determinations, any state or local orders or determinations, any state or local orders or requirements of applicable requirements of applicable requirements of applicable requirements of applicable
Wetlands Protection Laws or Bylaws Wetlands Protection Laws or Bylaws Wetlands Protection Laws or Bylaws Wetlands Protection Laws or Bylaws Editor's Note: See Ch. 136,Editor's Note: See Ch. 136,Editor's Note: See Ch. 136,Editor's Note: See Ch. 136, Wetlands. Wetlands. Wetlands. Wetlands.
shall be assumed in the calculations of runoff and flood storage without the shall be assumed in the calculations of runoff and flood storage without the shall be assumed in the calculations of runoff and flood storage without the shall be assumed in the calculations of runoff and flood storage without the
MRD, but alternative forms of development shall not be assumed. The MRD, but alternative forms of development shall not be assumed. The MRD, but alternative forms of development shall not be assumed. The MRD, but alternative forms of development shall not be assumed. The
Planning BoPlanning BoPlanning BoPlanning Board may waive the peak rate of storm runoff determination for ard may waive the peak rate of storm runoff determination for ard may waive the peak rate of storm runoff determination for ard may waive the peak rate of storm runoff determination for
the fiftythe fiftythe fiftythe fifty---- and/or one and/or one and/or one and/or one----hundredhundredhundredhundred----year design storm for applications where the year design storm for applications where the year design storm for applications where the year design storm for applications where the
Board determines that said waiver is warranted. Board determines that said waiver is warranted. Board determines that said waiver is warranted. Board determines that said waiver is warranted.
(d)(d)(d)(d) In addition, the applicant will demonstrate that any adverse existing In addition, the applicant will demonstrate that any adverse existing In addition, the applicant will demonstrate that any adverse existing In addition, the applicant will demonstrate that any adverse existing offoffoffoff----site site site site
runoff and erosion conditions or offrunoff and erosion conditions or offrunoff and erosion conditions or offrunoff and erosion conditions or off----site runoff and erosion conditions which site runoff and erosion conditions which site runoff and erosion conditions which site runoff and erosion conditions which
would result from the development of the MRD are fully identified and that would result from the development of the MRD are fully identified and that would result from the development of the MRD are fully identified and that would result from the development of the MRD are fully identified and that
workable and acceptable mitigation measures are proposed as part of the workable and acceptable mitigation measures are proposed as part of the workable and acceptable mitigation measures are proposed as part of the workable and acceptable mitigation measures are proposed as part of the
preliminary and final preliminary and final preliminary and final preliminary and final MRD plans. MRD plans. MRD plans. MRD plans.
(14)(14)(14)(14) Residents' association. Residents' association. Residents' association. Residents' association.
(c)(c)(c)(c) In order to ensure that common open space and common facilities within the In order to ensure that common open space and common facilities within the In order to ensure that common open space and common facilities within the In order to ensure that common open space and common facilities within the
development will be properly maintained, each MRD development shall have development will be properly maintained, each MRD development shall have development will be properly maintained, each MRD development shall have development will be properly maintained, each MRD development shall have
a residents' association, which shall be in the form of a corporaa residents' association, which shall be in the form of a corporaa residents' association, which shall be in the form of a corporaa residents' association, which shall be in the form of a corporation, nonprofit tion, nonprofit tion, nonprofit tion, nonprofit
organization, or trust, established in accordance with appropriate state law organization, or trust, established in accordance with appropriate state law organization, or trust, established in accordance with appropriate state law organization, or trust, established in accordance with appropriate state law
Page 85
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
by a suitable legal instrument or instruments recorded at the Nantucket by a suitable legal instrument or instruments recorded at the Nantucket by a suitable legal instrument or instruments recorded at the Nantucket by a suitable legal instrument or instruments recorded at the Nantucket
County Registry of Deeds or Registry District of the Land Court. As part of County Registry of Deeds or Registry District of the Land Court. As part of County Registry of Deeds or Registry District of the Land Court. As part of County Registry of Deeds or Registry District of the Land Court. As part of
the final MRD pthe final MRD pthe final MRD pthe final MRD plan submission, the applicant shall supply to the Planning lan submission, the applicant shall supply to the Planning lan submission, the applicant shall supply to the Planning lan submission, the applicant shall supply to the Planning
Board copies of such proposed instrument, which shall at a minimum Board copies of such proposed instrument, which shall at a minimum Board copies of such proposed instrument, which shall at a minimum Board copies of such proposed instrument, which shall at a minimum
provide the information required by said MRD plan submission and provide the information required by said MRD plan submission and provide the information required by said MRD plan submission and provide the information required by said MRD plan submission and
development regulations in effect at the time of final MRD plan sdevelopment regulations in effect at the time of final MRD plan sdevelopment regulations in effect at the time of final MRD plan sdevelopment regulations in effect at the time of final MRD plan submission. ubmission. ubmission. ubmission.
(d)(d)(d)(d) In cases where the MRD plan proposes private roadways, said legal In cases where the MRD plan proposes private roadways, said legal In cases where the MRD plan proposes private roadways, said legal In cases where the MRD plan proposes private roadways, said legal
instruments pertaining to the residents' association shall specify that the instruments pertaining to the residents' association shall specify that the instruments pertaining to the residents' association shall specify that the instruments pertaining to the residents' association shall specify that the
residents' association shall be solely responsible for roadway maintenance, residents' association shall be solely responsible for roadway maintenance, residents' association shall be solely responsible for roadway maintenance, residents' association shall be solely responsible for roadway maintenance,
snowsnowsnowsnow----plowing and improvemeplowing and improvemeplowing and improvemeplowing and improvements, for all costs associated with the operation nts, for all costs associated with the operation nts, for all costs associated with the operation nts, for all costs associated with the operation
and maintenance of street lighting. and maintenance of street lighting. and maintenance of street lighting. and maintenance of street lighting.
(15)(15)(15)(15) Rules and regulations. The Planning Board is authorized to adopt from time to Rules and regulations. The Planning Board is authorized to adopt from time to Rules and regulations. The Planning Board is authorized to adopt from time to Rules and regulations. The Planning Board is authorized to adopt from time to
time MRD submission development regulations to implement this chapter. time MRD submission development regulations to implement this chapter. time MRD submission development regulations to implement this chapter. time MRD submission development regulations to implement this chapter.
(16)(16)(16)(16) Major reMajor reMajor reMajor residential developments are exempted from the regularity formula sidential developments are exempted from the regularity formula sidential developments are exempted from the regularity formula sidential developments are exempted from the regularity formula
contained in §contained in §contained in §contained in § 139139139139----16. [Added 416. [Added 416. [Added 416. [Added 4----10101010----1995 ATM by Art. 43, AG approval 51995 ATM by Art. 43, AG approval 51995 ATM by Art. 43, AG approval 51995 ATM by Art. 43, AG approval 5----22222222----
1995] 1995] 1995] 1995]
C.C.C.C. Nantucket Housing Needs Program. [Added 4Nantucket Housing Needs Program. [Added 4Nantucket Housing Needs Program. [Added 4Nantucket Housing Needs Program. [Added 4----9999----2001 ATM by Art. 36, AG approval 2001 ATM by Art. 36, AG approval 2001 ATM by Art. 36, AG approval 2001 ATM by Art. 36, AG approval
8888----2222----2001] 2001] 2001] 2001]
(1)(1)(1)(1) Purpose. To createPurpose. To createPurpose. To createPurpose. To create, make available and maintain housing that is affordable to , make available and maintain housing that is affordable to , make available and maintain housing that is affordable to , make available and maintain housing that is affordable to
people who earn less than 150% of the Nantucket County median household people who earn less than 150% of the Nantucket County median household people who earn less than 150% of the Nantucket County median household people who earn less than 150% of the Nantucket County median household
income; to maintain Nantucket's diversity and unique sense of community; to income; to maintain Nantucket's diversity and unique sense of community; to income; to maintain Nantucket's diversity and unique sense of community; to income; to maintain Nantucket's diversity and unique sense of community; to
encourage moderateencourage moderateencourage moderateencourage moderate----income families to continue tincome families to continue tincome families to continue tincome families to continue to reside on Nantucket; and to o reside on Nantucket; and to o reside on Nantucket; and to o reside on Nantucket; and to
generate a supply of housing that will remain affordable. generate a supply of housing that will remain affordable. generate a supply of housing that will remain affordable. generate a supply of housing that will remain affordable.
(2)(2)(2)(2) Definitions. The following definitions only apply to this §Definitions. The following definitions only apply to this §Definitions. The following definitions only apply to this §Definitions. The following definitions only apply to this § 139139139139----8C: 8C: 8C: 8C:
HOUSING AUTHORITY HOUSING AUTHORITY HOUSING AUTHORITY HOUSING AUTHORITY ———— The Nantucket Housing Authority (NHA) or its The Nantucket Housing Authority (NHA) or its The Nantucket Housing Authority (NHA) or its The Nantucket Housing Authority (NHA) or its
designee. [Amended 4designee. [Amended 4designee. [Amended 4designee. [Amended 4----15151515----2003 2003 2003 2003 ATM by Art. 28, AG approval 8ATM by Art. 28, AG approval 8ATM by Art. 28, AG approval 8ATM by Art. 28, AG approval 8----27272727----2003] 2003] 2003] 2003]
MAXIMUM RENTAL PRICE MAXIMUM RENTAL PRICE MAXIMUM RENTAL PRICE MAXIMUM RENTAL PRICE ———— Shall be no more than the fair market rent Shall be no more than the fair market rent Shall be no more than the fair market rent Shall be no more than the fair market rent
established for Nantucket County as published by the U.S. Department of established for Nantucket County as published by the U.S. Department of established for Nantucket County as published by the U.S. Department of established for Nantucket County as published by the U.S. Department of
Housing and Urban Development in Federal Register, Vol. 65 No. 185 Housing and Urban Development in Federal Register, Vol. 65 No. 185 Housing and Urban Development in Federal Register, Vol. 65 No. 185 Housing and Urban Development in Federal Register, Vol. 65 No. 185
(September (September (September (September 25, 2000) and as may hereafter be amended from time to time. 25, 2000) and as may hereafter be amended from time to time. 25, 2000) and as may hereafter be amended from time to time. 25, 2000) and as may hereafter be amended from time to time.
MAXIMUM RESALE PRICE MAXIMUM RESALE PRICE MAXIMUM RESALE PRICE MAXIMUM RESALE PRICE ———— The greater of the maximum sales price or price The greater of the maximum sales price or price The greater of the maximum sales price or price The greater of the maximum sales price or price
the current Nantucket Housing Needs Covenant unit owner paid for the the current Nantucket Housing Needs Covenant unit owner paid for the the current Nantucket Housing Needs Covenant unit owner paid for the the current Nantucket Housing Needs Covenant unit owner paid for the
Nantucket Housing Needs Covenant unit. [Added 4Nantucket Housing Needs Covenant unit. [Added 4Nantucket Housing Needs Covenant unit. [Added 4Nantucket Housing Needs Covenant unit. [Added 4----15151515----2002002002003 ATM by Art. 28, AG 3 ATM by Art. 28, AG 3 ATM by Art. 28, AG 3 ATM by Art. 28, AG
approval 8approval 8approval 8approval 8----27272727----2003] 2003] 2003] 2003]
MAXIMUM SALES PRICE MAXIMUM SALES PRICE MAXIMUM SALES PRICE MAXIMUM SALES PRICE ———— Shall be calculated by assuming a ten Shall be calculated by assuming a ten Shall be calculated by assuming a ten Shall be calculated by assuming a ten----percent percent percent percent
down payment and an annual debt service (at prevailing thirtydown payment and an annual debt service (at prevailing thirtydown payment and an annual debt service (at prevailing thirtydown payment and an annual debt service (at prevailing thirty----year fixed interest year fixed interest year fixed interest year fixed interest
rates) that is equal to 30% of the gross annual income of a housrates) that is equal to 30% of the gross annual income of a housrates) that is equal to 30% of the gross annual income of a housrates) that is equal to 30% of the gross annual income of a household earning ehold earning ehold earning ehold earning
Page 86
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
up to 125% of median income. [Amended 4up to 125% of median income. [Amended 4up to 125% of median income. [Amended 4up to 125% of median income. [Amended 4----15151515----2003 ATM by Art. 28, AG 2003 ATM by Art. 28, AG 2003 ATM by Art. 28, AG 2003 ATM by Art. 28, AG
approval 8approval 8approval 8approval 8----27272727----2003] 2003] 2003] 2003]
MEDIAN INCOME MEDIAN INCOME MEDIAN INCOME MEDIAN INCOME ———— Median family income for Nantucket County as published Median family income for Nantucket County as published Median family income for Nantucket County as published Median family income for Nantucket County as published
from time to time by the U.S. Department of Housing and Urban Development. from time to time by the U.S. Department of Housing and Urban Development. from time to time by the U.S. Department of Housing and Urban Development. from time to time by the U.S. Department of Housing and Urban Development.
[Amended[Amended[Amended[Amended 4 4 4 4----15151515----2003 ATM by Art. 28, AG approval 82003 ATM by Art. 28, AG approval 82003 ATM by Art. 28, AG approval 82003 ATM by Art. 28, AG approval 8----27272727----2003] 2003] 2003] 2003]
NANTUCKET HOUSING NEEDS COVENANT NANTUCKET HOUSING NEEDS COVENANT NANTUCKET HOUSING NEEDS COVENANT NANTUCKET HOUSING NEEDS COVENANT ———— A covenant placed on housing, A covenant placed on housing, A covenant placed on housing, A covenant placed on housing,
which property owners choose to execute and which shall be enforceable by the which property owners choose to execute and which shall be enforceable by the which property owners choose to execute and which shall be enforceable by the which property owners choose to execute and which shall be enforceable by the
NHA, to be recorded in the Registry of Deeds or the Land CourtNHA, to be recorded in the Registry of Deeds or the Land CourtNHA, to be recorded in the Registry of Deeds or the Land CourtNHA, to be recorded in the Registry of Deeds or the Land Court Registry Registry Registry Registry
District. District. District. District.
PRINCIPAL RESIDENCE PRINCIPAL RESIDENCE PRINCIPAL RESIDENCE PRINCIPAL RESIDENCE ———— The locality where a person resides with the The locality where a person resides with the The locality where a person resides with the The locality where a person resides with the
present intent to make it the person's fixed and permanent home. The person's present intent to make it the person's fixed and permanent home. The person's present intent to make it the person's fixed and permanent home. The person's present intent to make it the person's fixed and permanent home. The person's
physical presence alone will not establish a principal residence. In ascertaining physical presence alone will not establish a principal residence. In ascertaining physical presence alone will not establish a principal residence. In ascertaining physical presence alone will not establish a principal residence. In ascertaining
one's inone's inone's inone's intent, the Housing Authority shall consider, among other things, the tent, the Housing Authority shall consider, among other things, the tent, the Housing Authority shall consider, among other things, the tent, the Housing Authority shall consider, among other things, the
person's employment status, voter registration, driver's license, motor vehicle person's employment status, voter registration, driver's license, motor vehicle person's employment status, voter registration, driver's license, motor vehicle person's employment status, voter registration, driver's license, motor vehicle
registration, real property ownership, income tax returns, or the filing with the registration, real property ownership, income tax returns, or the filing with the registration, real property ownership, income tax returns, or the filing with the registration, real property ownership, income tax returns, or the filing with the
Housing Authority of a wriHousing Authority of a wriHousing Authority of a wriHousing Authority of a written declaration to establish or maintain a principal tten declaration to establish or maintain a principal tten declaration to establish or maintain a principal tten declaration to establish or maintain a principal
residence. [Amended 4residence. [Amended 4residence. [Amended 4residence. [Amended 4----15151515----2003 ATM by Art. 28, AG approval 82003 ATM by Art. 28, AG approval 82003 ATM by Art. 28, AG approval 82003 ATM by Art. 28, AG approval 8----27272727----2003] 2003] 2003] 2003]
QUALIFIED PURCHASER HOUSEHOLD QUALIFIED PURCHASER HOUSEHOLD QUALIFIED PURCHASER HOUSEHOLD QUALIFIED PURCHASER HOUSEHOLD ———— A household whose gross annual A household whose gross annual A household whose gross annual A household whose gross annual
income is less than 150% of median income. [Amended 4income is less than 150% of median income. [Amended 4income is less than 150% of median income. [Amended 4income is less than 150% of median income. [Amended 4----15151515----2003 ATM by 2003 ATM by 2003 ATM by 2003 ATM by Art. Art. Art. Art.
28, AG approval 828, AG approval 828, AG approval 828, AG approval 8----27272727----2003] 2003] 2003] 2003]
QUALIFIED RENTER HOUSEHOLD QUALIFIED RENTER HOUSEHOLD QUALIFIED RENTER HOUSEHOLD QUALIFIED RENTER HOUSEHOLD ———— A household whose gross annual A household whose gross annual A household whose gross annual A household whose gross annual
income is not more than 100% of median income.income is not more than 100% of median income.income is not more than 100% of median income.income is not more than 100% of median income.
(3)(3)(3)(3) General requirements. General requirements. General requirements. General requirements.
(b)(b)(b)(b) Housing subject to the Nantucket Housing Needs Covenant shall be: Housing subject to the Nantucket Housing Needs Covenant shall be: Housing subject to the Nantucket Housing Needs Covenant shall be: Housing subject to the Nantucket Housing Needs Covenant shall be:
[1][1][1][1] Occupied by a quOccupied by a quOccupied by a quOccupied by a qualified renter or qualified purchaser household. alified renter or qualified purchaser household. alified renter or qualified purchaser household. alified renter or qualified purchaser household.
[2][2][2][2] The principal residence of the qualified renter or qualified purchaser The principal residence of the qualified renter or qualified purchaser The principal residence of the qualified renter or qualified purchaser The principal residence of the qualified renter or qualified purchaser
household. household. household. household.
[3][3][3][3] Enforceable for the greater of 99 years or the maximum time period Enforceable for the greater of 99 years or the maximum time period Enforceable for the greater of 99 years or the maximum time period Enforceable for the greater of 99 years or the maximum time period
allowable by law. allowable by law. allowable by law. allowable by law.
[4][4][4][4] The price of the unit shaThe price of the unit shaThe price of the unit shaThe price of the unit shall not exceed the maximum sales price, or, in ll not exceed the maximum sales price, or, in ll not exceed the maximum sales price, or, in ll not exceed the maximum sales price, or, in
the case of resale, the maximum resale price. [Amended 4the case of resale, the maximum resale price. [Amended 4the case of resale, the maximum resale price. [Amended 4the case of resale, the maximum resale price. [Amended 4----15151515----2003 2003 2003 2003
ATM by Art. 28, AG approval 8ATM by Art. 28, AG approval 8ATM by Art. 28, AG approval 8ATM by Art. 28, AG approval 8----27272727----2003] 2003] 2003] 2003]
[5][5][5][5] The unit rent shall not exceed the maximum rental price. The unit rent shall not exceed the maximum rental price. The unit rent shall not exceed the maximum rental price. The unit rent shall not exceed the maximum rental price.
[6][6][6][6] The owner of a unit being rented shall The owner of a unit being rented shall The owner of a unit being rented shall The owner of a unit being rented shall provide the Housing Authority provide the Housing Authority provide the Housing Authority provide the Housing Authority
with an annual certification of compliance with the terms of the with an annual certification of compliance with the terms of the with an annual certification of compliance with the terms of the with an annual certification of compliance with the terms of the
covenant. covenant. covenant. covenant.
(4)(4)(4)(4) Monitoring and administration. Monitoring and administration. Monitoring and administration. Monitoring and administration.
Page 87
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(a)(a)(a)(a) The Housing Authority shall monitor and administer the Nantucket Housing The Housing Authority shall monitor and administer the Nantucket Housing The Housing Authority shall monitor and administer the Nantucket Housing The Housing Authority shall monitor and administer the Nantucket Housing
Needs Program and may promulgate rulNeeds Program and may promulgate rulNeeds Program and may promulgate rulNeeds Program and may promulgate rules and regulations to implement it. es and regulations to implement it. es and regulations to implement it. es and regulations to implement it.
Prior to promulgating such rules and regulations and prior to completing a Prior to promulgating such rules and regulations and prior to completing a Prior to promulgating such rules and regulations and prior to completing a Prior to promulgating such rules and regulations and prior to completing a
model Nantucket Housing Needs Covenant, the Housing Authority shall model Nantucket Housing Needs Covenant, the Housing Authority shall model Nantucket Housing Needs Covenant, the Housing Authority shall model Nantucket Housing Needs Covenant, the Housing Authority shall
hold a public hearing or hearings to solicit advice from the public. The hold a public hearing or hearings to solicit advice from the public. The hold a public hearing or hearings to solicit advice from the public. The hold a public hearing or hearings to solicit advice from the public. The
HousHousHousHousing Authority shall publish notice of these hearings prominently in a ing Authority shall publish notice of these hearings prominently in a ing Authority shall publish notice of these hearings prominently in a ing Authority shall publish notice of these hearings prominently in a
newspaper of general circulation on Nantucket for two successive weeks. newspaper of general circulation on Nantucket for two successive weeks. newspaper of general circulation on Nantucket for two successive weeks. newspaper of general circulation on Nantucket for two successive weeks.
(b)(b)(b)(b) All legal documentation shall be submitted to the Housing Authority for All legal documentation shall be submitted to the Housing Authority for All legal documentation shall be submitted to the Housing Authority for All legal documentation shall be submitted to the Housing Authority for
review and approval. review and approval. review and approval. review and approval.
D.D.D.D. Special permitSpecial permitSpecial permitSpecial permit to create secondary residential lots for year to create secondary residential lots for year to create secondary residential lots for year to create secondary residential lots for year----round residents. [Added round residents. [Added round residents. [Added round residents. [Added
4444----12121212----2004 ATM by Art. 36, AG approval 92004 ATM by Art. 36, AG approval 92004 ATM by Art. 36, AG approval 92004 ATM by Art. 36, AG approval 9----3333----2004]2004]2004]2004]
(1)(1)(1)(1) Purpose: to create, make available and maintain housing that is affordable to Purpose: to create, make available and maintain housing that is affordable to Purpose: to create, make available and maintain housing that is affordable to Purpose: to create, make available and maintain housing that is affordable to
those who earn at or below those who earn at or below those who earn at or below those who earn at or below 80808080 150 150 150 150 % of the Nantucket Co% of the Nantucket Co% of the Nantucket Co% of the Nantucket County median unty median unty median unty median
household income; to help those people or households to continue to reside on household income; to help those people or households to continue to reside on household income; to help those people or households to continue to reside on household income; to help those people or households to continue to reside on
Nantucket if they wish to do so; to generate and preserve affordable housing in Nantucket if they wish to do so; to generate and preserve affordable housing in Nantucket if they wish to do so; to generate and preserve affordable housing in Nantucket if they wish to do so; to generate and preserve affordable housing in
the Town of Nantucket in perpetuity, all in order to maintain Nantucket's diversity the Town of Nantucket in perpetuity, all in order to maintain Nantucket's diversity the Town of Nantucket in perpetuity, all in order to maintain Nantucket's diversity the Town of Nantucket in perpetuity, all in order to maintain Nantucket's diversity
anananand unique sense of community. d unique sense of community. d unique sense of community. d unique sense of community.
(2)(2)(2)(2) As authorized by MGL c. 40A, §As authorized by MGL c. 40A, §As authorized by MGL c. 40A, §As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board as special 9, Paragraph 2, the Planning Board as special 9, Paragraph 2, the Planning Board as special 9, Paragraph 2, the Planning Board as special
permit granting authority, in its discretion, pursuant to and subject to this §permit granting authority, in its discretion, pursuant to and subject to this §permit granting authority, in its discretion, pursuant to and subject to this §permit granting authority, in its discretion, pursuant to and subject to this § 139139139139----
8D, may issue a special permit, with conditions, authorizing 8D, may issue a special permit, with conditions, authorizing 8D, may issue a special permit, with conditions, authorizing 8D, may issue a special permit, with conditions, authorizing the division of the the division of the the division of the the division of the
original lot into a primary lot and a secondary lot, which special permit may original lot into a primary lot and a secondary lot, which special permit may original lot into a primary lot and a secondary lot, which special permit may original lot into a primary lot and a secondary lot, which special permit may
include approval and endorsement of a plan not requiring approval under the include approval and endorsement of a plan not requiring approval under the include approval and endorsement of a plan not requiring approval under the include approval and endorsement of a plan not requiring approval under the
Subdivision Control Law as such plan is defined and described in MGL c.41 Subdivision Control Law as such plan is defined and described in MGL c.41 Subdivision Control Law as such plan is defined and described in MGL c.41 Subdivision Control Law as such plan is defined and described in MGL c.41
§§§§ 81P, p81P, p81P, p81P, provided the following requirements and/or conditions shall apply to all rovided the following requirements and/or conditions shall apply to all rovided the following requirements and/or conditions shall apply to all rovided the following requirements and/or conditions shall apply to all
applications for relief hereunder and all special permits granted hereunder, as applications for relief hereunder and all special permits granted hereunder, as applications for relief hereunder and all special permits granted hereunder, as applications for relief hereunder and all special permits granted hereunder, as
the case may be: the case may be: the case may be: the case may be:
(a)(a)(a)(a) The original lot shall not be subject to any covenants, restrictions or similar The original lot shall not be subject to any covenants, restrictions or similar The original lot shall not be subject to any covenants, restrictions or similar The original lot shall not be subject to any covenants, restrictions or similar
enenenencumbrances, whether appearing in a deed, easement, landcumbrances, whether appearing in a deed, easement, landcumbrances, whether appearing in a deed, easement, landcumbrances, whether appearing in a deed, easement, land----use permit or use permit or use permit or use permit or
any other instrument, pertaining to the placement, use or occupancy of any other instrument, pertaining to the placement, use or occupancy of any other instrument, pertaining to the placement, use or occupancy of any other instrument, pertaining to the placement, use or occupancy of
second dwellings on said original lot. second dwellings on said original lot. second dwellings on said original lot. second dwellings on said original lot.
(b)(b)(b)(b) The secondary lot shall be subject to an NHNCThe secondary lot shall be subject to an NHNCThe secondary lot shall be subject to an NHNCThe secondary lot shall be subject to an NHNC----Ownership Form, which Ownership Form, which Ownership Form, which Ownership Form, which
shashashashall provide, without limitation, that the owner of the secondary lot, and ll provide, without limitation, that the owner of the secondary lot, and ll provide, without limitation, that the owner of the secondary lot, and ll provide, without limitation, that the owner of the secondary lot, and
any occupant of any dwelling erected thereon, shall earn at or below 80% any occupant of any dwelling erected thereon, shall earn at or below 80% any occupant of any dwelling erected thereon, shall earn at or below 80% any occupant of any dwelling erected thereon, shall earn at or below 80%
of the Nantucket County median household income. of the Nantucket County median household income. of the Nantucket County median household income. of the Nantucket County median household income.
(c)(c)(c)(c) No more than one dwelling shall be permitted on the primNo more than one dwelling shall be permitted on the primNo more than one dwelling shall be permitted on the primNo more than one dwelling shall be permitted on the primary lot. ary lot. ary lot. ary lot.
(d)(d)(d)(d) No more than one dwelling shall be permitted on the secondary lot. No more than one dwelling shall be permitted on the secondary lot. No more than one dwelling shall be permitted on the secondary lot. No more than one dwelling shall be permitted on the secondary lot.
(e)(e)(e)(e) The minimum area for the original lot, the primary lot and the secondary lot The minimum area for the original lot, the primary lot and the secondary lot The minimum area for the original lot, the primary lot and the secondary lot The minimum area for the original lot, the primary lot and the secondary lot
shall be as follows: shall be as follows: shall be as follows: shall be as follows:
Zoning Zoning Zoning Zoning
DistrictDistrictDistrictDistrict
Minimum Minimum Minimum Minimum
Original Lot Size Original Lot Size Original Lot Size Original Lot Size
(§(§(§(§ 139139139139----16A)16A)16A)16A)
Minimum Minimum Minimum Minimum
SecondarSecondarSecondarSecondary y y y
Lot SizeLot SizeLot SizeLot Size
Minimum Minimum Minimum Minimum
Primary Lot Primary Lot Primary Lot Primary Lot
SizeSizeSizeSize
LUGLUGLUGLUG----1111 40,00040,00040,00040,000 15,00015,00015,00015,000 25,00025,00025,00025,000
LUGLUGLUGLUG----2222 80,00080,00080,00080,000 25,00025,00025,00025,000 55,00055,00055,00055,000
LUGLUGLUGLUG----3333 120,000120,000120,000120,000 35,00035,00035,00035,000 85,00085,00085,00085,000
Page 88
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
RRRR----10101010 10,00010,00010,00010,000 4,0004,0004,0004,000 6,0006,0006,0006,000
RRRR----22220000/SR/SR/SR/SR----22220000 20,00020,00020,00020,000 8,0008,0008,0008,000 12,00012,00012,00012,000
RRRR----1/SR1/SR1/SR1/SR----1111 5,0005,0005,0005,000 2,0002,0002,0002,000 3,0003,0003,0003,000
ROH/SOHROH/SOHROH/SOHROH/SOH 5,0005,0005,0005,000 2,0002,0002,0002,000 3,0003,0003,0003,000
RCRCRCRC 5,0005,0005,0005,000 2,0002,0002,0002,000 3,0003,0003,0003,000
RCRCRCRC----2222 5,0005,0005,0005,000 2,0002,0002,0002,000 3,0003,0003,0003,000
LCLCLCLC 5,0005,0005,0005,000 2,0002,0002,0002,000 3,0003,0003,0003,000
(f)(f)(f)(f) The primary lot and the secondary lot shall comply with the ground cover, The primary lot and the secondary lot shall comply with the ground cover, The primary lot and the secondary lot shall comply with the ground cover, The primary lot and the secondary lot shall comply with the ground cover,
front setback, side setback and rear setback requirements of the underlying front setback, side setback and rear setback requirements of the underlying front setback, side setback and rear setback requirements of the underlying front setback, side setback and rear setback requirements of the underlying
zoning district, with the exception that the ground covzoning district, with the exception that the ground covzoning district, with the exception that the ground covzoning district, with the exception that the ground cover ratio solely for a er ratio solely for a er ratio solely for a er ratio solely for a
secondary lot in the Rsecondary lot in the Rsecondary lot in the Rsecondary lot in the R----1 Zoning District shall be 36%. 1 Zoning District shall be 36%. 1 Zoning District shall be 36%. 1 Zoning District shall be 36%.
(g)(g)(g)(g) The primary lot and the secondary lot each must have a minimum of 20 feet The primary lot and the secondary lot each must have a minimum of 20 feet The primary lot and the secondary lot each must have a minimum of 20 feet The primary lot and the secondary lot each must have a minimum of 20 feet
of frontage. of frontage. of frontage. of frontage.
(h)(h)(h)(h) Neither the primary lot nor the secondary lot shall have a separate Neither the primary lot nor the secondary lot shall have a separate Neither the primary lot nor the secondary lot shall have a separate Neither the primary lot nor the secondary lot shall have a separate
vehicular accevehicular accevehicular accevehicular access driveway, but shall share a single access driveway to a ss driveway, but shall share a single access driveway to a ss driveway, but shall share a single access driveway to a ss driveway, but shall share a single access driveway to a
roadway. No more than one primary lot and one secondary lot shall share a roadway. No more than one primary lot and one secondary lot shall share a roadway. No more than one primary lot and one secondary lot shall share a roadway. No more than one primary lot and one secondary lot shall share a
single access driveway with any other primary lot or secondary lot. The single access driveway with any other primary lot or secondary lot. The single access driveway with any other primary lot or secondary lot. The single access driveway with any other primary lot or secondary lot. The
Planning must be provided with an instrument, in rePlanning must be provided with an instrument, in rePlanning must be provided with an instrument, in rePlanning must be provided with an instrument, in recordable form, cordable form, cordable form, cordable form,
evidencing the common access rights to said access in accordance with evidencing the common access rights to said access in accordance with evidencing the common access rights to said access in accordance with evidencing the common access rights to said access in accordance with
this subsection. this subsection. this subsection. this subsection.
(i)(i)(i)(i) Where a primary lot and a secondary lot derive from the same original lot, Where a primary lot and a secondary lot derive from the same original lot, Where a primary lot and a secondary lot derive from the same original lot, Where a primary lot and a secondary lot derive from the same original lot,
the relationship of the dwelling situated on that primary lot and the dwelthe relationship of the dwelling situated on that primary lot and the dwelthe relationship of the dwelling situated on that primary lot and the dwelthe relationship of the dwelling situated on that primary lot and the dwelling ling ling ling
situated on that secondary lot shall be maintained in accordance with the situated on that secondary lot shall be maintained in accordance with the situated on that secondary lot shall be maintained in accordance with the situated on that secondary lot shall be maintained in accordance with the
intent of §intent of §intent of §intent of § 139139139139----2, in addition to the specific requirements of §2, in addition to the specific requirements of §2, in addition to the specific requirements of §2, in addition to the specific requirements of § 139139139139----2 with 2 with 2 with 2 with
regard to the use and appearance of those respective dwellings. regard to the use and appearance of those respective dwellings. regard to the use and appearance of those respective dwellings. regard to the use and appearance of those respective dwellings.
(j)(j)(j)(j) A certificate of appropriatenessA certificate of appropriatenessA certificate of appropriatenessA certificate of appropriateness required in § required in § required in § required in § 139139139139----26C(1) of the Code of the 26C(1) of the Code of the 26C(1) of the Code of the 26C(1) of the Code of the
Town of Nantucket shall be an application requirement for a special permit Town of Nantucket shall be an application requirement for a special permit Town of Nantucket shall be an application requirement for a special permit Town of Nantucket shall be an application requirement for a special permit
under this §under this §under this §under this § 139139139139----8D. 8D. 8D. 8D.
(3)(3)(3)(3) This §This §This §This § 139139139139----8D shall not apply to major commercial developments, (§8D shall not apply to major commercial developments, (§8D shall not apply to major commercial developments, (§8D shall not apply to major commercial developments, (§ 139139139139----11); 11); 11); 11);
cluster developments (§cluster developments (§cluster developments (§cluster developments (§ 139139139139----8A); 8A); 8A); 8A); major residential developments (§major residential developments (§major residential developments (§major residential developments (§ 139139139139----8B); 8B); 8B); 8B);
and are not permitted in the following zoning districts: Commercial Downtown and are not permitted in the following zoning districts: Commercial Downtown and are not permitted in the following zoning districts: Commercial Downtown and are not permitted in the following zoning districts: Commercial Downtown
((((RRRRCDT); Moorlands Management (MMD); Special Academy Hill (AHD); Special CDT); Moorlands Management (MMD); Special Academy Hill (AHD); Special CDT); Moorlands Management (MMD); Special Academy Hill (AHD); Special CDT); Moorlands Management (MMD); Special Academy Hill (AHD); Special
Our Island Home (OIH); and Assisted/Independent Living CommunityOur Island Home (OIH); and Assisted/Independent Living CommunityOur Island Home (OIH); and Assisted/Independent Living CommunityOur Island Home (OIH); and Assisted/Independent Living Community District District District District
(ALC). (ALC). (ALC). (ALC).
(4)(4)(4)(4) Section 139Section 139Section 139Section 139----16D, Regularity formula, shall not apply to this §16D, Regularity formula, shall not apply to this §16D, Regularity formula, shall not apply to this §16D, Regularity formula, shall not apply to this § 139139139139----8D. 8D. 8D. 8D.
(5)(5)(5)(5) No more than 12 secondary lots may be approved by the Planning Board within No more than 12 secondary lots may be approved by the Planning Board within No more than 12 secondary lots may be approved by the Planning Board within No more than 12 secondary lots may be approved by the Planning Board within
each calendar year, of which no more than two shall be approved for a single each calendar year, of which no more than two shall be approved for a single each calendar year, of which no more than two shall be approved for a single each calendar year, of which no more than two shall be approved for a single
appliappliappliapplicant. cant. cant. cant.
7.7.7.7. To insert in section 12 the following:To insert in section 12 the following:To insert in section 12 the following:To insert in section 12 the following:
J. MultiJ. MultiJ. MultiJ. Multi----Family Overlay District. Notwithstanding the provisions of §Family Overlay District. Notwithstanding the provisions of §Family Overlay District. Notwithstanding the provisions of §Family Overlay District. Notwithstanding the provisions of § 139139139139----7, the 7, the 7, the 7, the
Planning Board may in its discretion grant a special permit for multifamily dwellings (see Planning Board may in its discretion grant a special permit for multifamily dwellings (see Planning Board may in its discretion grant a special permit for multifamily dwellings (see Planning Board may in its discretion grant a special permit for multifamily dwellings (see
Page 89
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
§§§§ 139139139139----2A) within the Multi2A) within the Multi2A) within the Multi2A) within the Multi----FamilyFamilyFamilyFamily Overlay District as defined in § Overlay District as defined in § Overlay District as defined in § Overlay District as defined in § 139139139139----4C, subject to the 4C, subject to the 4C, subject to the 4C, subject to the
following standards and conditions and any other conditions the Planning Board in its following standards and conditions and any other conditions the Planning Board in its following standards and conditions and any other conditions the Planning Board in its 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 discretion may impose to ensure conformity with these standards and with the review discretion may impose to ensure conformity with these standards and with the review discretion may impose to ensure conformity with these standards and with the review
objectives and performance stobjectives and performance stobjectives and performance stobjectives and performance standards of §andards of §andards of §andards of § 139139139139----23A: [Added 1023A: [Added 1023A: [Added 1023A: [Added 10----10101010----2001 STM by Art. 5, 2001 STM by Art. 5, 2001 STM by Art. 5, 2001 STM by Art. 5,
AG approval 1AG approval 1AG approval 1AG approval 1----24242424----2002] 2002] 2002] 2002]
(1)(1)(1)(1) One dwelling unit is allowed for each 2,500 square feet of lot area up to a One dwelling unit is allowed for each 2,500 square feet of lot area up to a One dwelling unit is allowed for each 2,500 square feet of lot area up to a One dwelling unit is allowed for each 2,500 square feet of lot area up to a
maximum of four dwelling units per lot. No additional dwelling units are allowed. maximum of four dwelling units per lot. No additional dwelling units are allowed. maximum of four dwelling units per lot. No additional dwelling units are allowed. maximum of four dwelling units per lot. No additional dwelling units are allowed.
(2)(2)(2)(2) A maximum A maximum A maximum A maximum of eight bedrooms shall be allowed on the lot. of eight bedrooms shall be allowed on the lot. of eight bedrooms shall be allowed on the lot. of eight bedrooms shall be allowed on the lot.
(3)(3)(3)(3) Existing buildings or structures may be converted or altered into multifamily Existing buildings or structures may be converted or altered into multifamily Existing buildings or structures may be converted or altered into multifamily Existing buildings or structures may be converted or altered into multifamily
dwellings. dwellings. dwellings. dwellings.
(4)(4)(4)(4) In portions of the MultiIn portions of the MultiIn portions of the MultiIn portions of the Multi----Family Overlay District located in the RC and RCFamily Overlay District located in the RC and RCFamily Overlay District located in the RC and RCFamily Overlay District located in the RC and RC----2 2 2 2
Districts, only, the Planning BoarDistricts, only, the Planning BoarDistricts, only, the Planning BoarDistricts, only, the Planning Board in its discretion may authorize by such d in its discretion may authorize by such d in its discretion may authorize by such d in its discretion may authorize by such
special permit, in addition to multifamily dwellings, uses permitted pursuant to special permit, in addition to multifamily dwellings, uses permitted pursuant to special permit, in addition to multifamily dwellings, uses permitted pursuant to special permit, in addition to multifamily dwellings, uses permitted pursuant to
§§§§§§§§ 139139139139----7D, 1397D, 1397D, 1397D, 139----8A and B, and 1398A and B, and 1398A and B, and 1398A and B, and 139----9A and B. 9A and B. 9A and B. 9A and B. In addition to requiring a special In addition to requiring a special In addition to requiring a special In addition to requiring a special
permit for a multipermit for a multipermit for a multipermit for a multi----family dwelling, if thefamily dwelling, if thefamily dwelling, if thefamily dwelling, if the multimultimultimulti----famifamifamifamily dwellingly dwellingly dwellingly dwelling alsoalsoalsoalso requires requires requires requires
special permit relief pursuant to any other provision of this chapter, the Planning special permit relief pursuant to any other provision of this chapter, the Planning special permit relief pursuant to any other provision of this chapter, the Planning special permit relief pursuant to any other provision of this chapter, the Planning
Board shall serve as the sole special permit granting authority.Board shall serve as the sole special permit granting authority.Board shall serve as the sole special permit granting authority.Board shall serve as the sole special permit granting authority.
(5)(5)(5)(5) A covenant, limiting use of the dwelling units to (a) yearA covenant, limiting use of the dwelling units to (a) yearA covenant, limiting use of the dwelling units to (a) yearA covenant, limiting use of the dwelling units to (a) year----round occupancy round occupancy round occupancy round occupancy or (b) or (b) or (b) or (b)
peakpeakpeakpeak----seasonal (May 1 to October 30 or any part thereof) employee housing and seasonal (May 1 to October 30 or any part thereof) employee housing and seasonal (May 1 to October 30 or any part thereof) employee housing and seasonal (May 1 to October 30 or any part thereof) employee housing and
prohibiting occupancy or use by other nonprohibiting occupancy or use by other nonprohibiting occupancy or use by other nonprohibiting occupancy or use by other non----yearyearyearyear----round residents in accordance round residents in accordance round residents in accordance round residents in accordance
with the definition of transient residential facilities (§with the definition of transient residential facilities (§with the definition of transient residential facilities (§with the definition of transient residential facilities (§ 139139139139----2A) or otherwise, shall 2A) or otherwise, shall 2A) or otherwise, shall 2A) or otherwise, shall
be recorbe recorbe recorbe recorded at the Nantucket Registry of Deeds against the lot. Said covenant ded at the Nantucket Registry of Deeds against the lot. Said covenant ded at the Nantucket Registry of Deeds against the lot. Said covenant ded at the Nantucket Registry of Deeds against the lot. Said covenant
shall grant enforcement powers to the Town of Nantucket. shall grant enforcement powers to the Town of Nantucket. shall grant enforcement powers to the Town of Nantucket. shall grant enforcement powers to the Town of Nantucket.
(6)(6)(6)(6) Except as stated above, all other provisions of the Zoning Bylaw shall be Except as stated above, all other provisions of the Zoning Bylaw shall be Except as stated above, all other provisions of the Zoning Bylaw shall be Except as stated above, all other provisions of the Zoning Bylaw shall be
applicable. applicable. applicable. applicable.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Boa Boa Boa Board of Selectmen supports the rd of Selectmen supports the rd of Selectmen supports the rd of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 28ARTICLE 28ARTICLE 28ARTICLE 28
(Zoning Bylaw Amendment: Residential Parking)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 18, paragraph D 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):
D. Table of Parking Requirements.
Principal and Accessory Uses "A"
ROH/
SROH
LC CDT RC R1/
SR1
RC2 R10/
SR10
R2/
SR2
LUG
1, 2, 3,
MMD
Single- Family
Dwelling
1 1 1 1 1 2 2 2 2
Page 90
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Principal and Accessory Uses "A"
ROH/
SROH
LC CDT RC R1/
SR1
RC2 R10/
SR10
R2/
SR2
LUG
1, 2, 3,
MMD
[§ 139-7A(1)]
Accessory
Apartment
(§ 139-7C)
0 0 0 0 1 1 1 1 1
Secondary
Dwelling Unit
[§ 139-7A(2)]**
1 1 0 1 .6/br .75/br .75/br 1.0/br 2
*Other
Dwelling Unit
1/d.u. 1/d.u
.
.30/br 1/d.u
.
1/d.u
.
1/d.u. 1/d.u. 1/d.u. 1/d.u.
Duplex [§ 139-
8A(1)]
N/A .75/b
r
.30/br .75/b
r
.75/b
r
1.0/br 1.0/br N/A N/A
Multi-Family
(§ 139-8C)
N/A N/A .30/br .30/b
r
N/A 1.0/br 1.0/br N/A N/A
Studio (§§ 139-
2 and 139-15
1 1 1 1
Note: "d.u." shall mean "dwelling unit"; and "br" shall mean "bedroom" as determined by the ZEO.
Notes:
*Includes nonconforming dwelling units in any district.
**For interpretation purposes, the secondary dwelling unit shall be the unit with the lesser number
of bedrooms and shall not be related to the sequence of building.
Page 91
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
A. A. A. A. Residential [§Residential [§Residential [§Residential [§ 139139139139----7]7]7]7] Zoning Zoning Zoning Zoning
DistrictsDistrictsDistrictsDistricts Single- Family Dwelling Secondary Dwelling Unit* Accessory Apartment Apartment Garage Apartment Studio Duplex Multi-Family Elder Housing Facilities R-1
SR-1 1 .6 /
br 1 N/A 0.75 /
br 0 0.75
/ br N/A 1 per 2
residents
ROH
SOH 1 1 0 N/A 0.75 /
br 0 N/A N/A 1 per 2
residents
R-5 1 1 1 N/A 1.0 / br 1 1.0 /
br
1.0 /
br
1 per 2
residents
R-10
SR-10 2 1 1 N/A 1.0 / br 1 1.0 /
br
1.0 /
br
1 per 2
residents
R-20
SR-20 2 1.0 /
br 1 N/A 1.0 / br 1 N/A N/A 1 per 2
residents Town Residential DistrictsTown Residential DistrictsTown Residential DistrictsTown Residential Districts R-40 2 1.0 /
br 1 N/A 1.0 / br 1 N/A N/A 1 per 2
residents
CDT 1 0 0 0.3 /
br 0.3 / br 0 0.3 /
br N/A 0
LC 1 1 0 0.75 /
br
0.75 /
br 0 0.75
/ br N/A 1 per 2
residents
CMI 1 N/A 0 1.0 /
br 1.0 / br 1 1.0 /
br
1.0 /
br
1 per 2
residents
CN 1 N/A 1 1.0 /
br 1.0 / br 1 1.0 /
br
1.0 /
br N/A
CTEC 1 N/A 1 1.0 /
br 1.0 / br 1 1.0 /
br
1.0 /
br N/A
CI N/A N/A N/A N/A 1.0 / br N/A N/A N/A N/A
RC 1 1 0 0.75 /
br
0.75 /
br 0 0.75
/ br N/A 1 per 2
residents Town Commercial DistrictsTown Commercial DistrictsTown Commercial DistrictsTown Commercial Districts RC-2 2 .75 /
br 1 1.0 /
br 1.0 / br 1 1.0 /
br N/A 1 per 2
residents
V-R 2 2 1 N/A 1.0 / br 1 N/A N/A 1 per 2
residents
LUG-1 2 2 1 N/A 1.0 / br 1 N/A N/A 1 per 2
residents Country Country Country Country Residential Residential Residential Residential DistrictsDistrictsDistrictsDistricts LUG-2 2 2 1 N/A 1.0 / br 1 N/A N/A 1 per 2
residents
Page 92
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
LUG-3 2 2 1 N/A 1.0 / br 1 N/A N/A 1 per 2
residents
MMD 2 2 1 N/A 1.0 / br 1 N/A N/A N/A
VN 2 N/A 1 N/A 1.0 / br 1 N/A N/A N/A Country Country Country Country Commercial Commercial Commercial Commercial DistrictsDistrictsDistrictsDistricts VTEC 2 N/A 1 N/A 1.0 / br 1 N/A N/A N/A
Notes:
“br" shall mean "bedroom" as determined by the ZEO.
*For interpretation purposes, the secondary dwelling unit shall be the unit with the
lesser number of bedrooms and shall not be related to the sequence of building.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 18Nantucket, section 18Nantucket, section 18Nantucket, section 18, paragraph D be amended as follows , paragraph D be amended as follows , paragraph D be amended as follows , paragraph D be amended as follows (NOTE: new language is shown as (NOTE: new language is shown as (NOTE: new language is shown as (NOTE: new language is shown as
highlighted text, language to be deleted is shown by strikeout; these methods to denote highlighted text, language to be deleted is shown by strikeout; these methods to denote highlighted text, language to be deleted is shown by strikeout; these methods to denote 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)changes are not meant to become part of the final text)changes are not meant to become part of the final text)changes are not meant to become part of the final text)::::
D.D.D.D. Table of Parking Requirements. Table of Parking Requirements. Table of Parking Requirements. Table of Parking Requirements.
Principal and Accessory Uses "A"Principal and Accessory Uses "A"Principal and Accessory Uses "A"Principal and Accessory Uses "A"
ROH/ ROH/ ROH/ ROH/
SROHSROHSROHSROH
LCLCLCLC CDTCDTCDTCDT RCRCRCRC R1/ R1/ R1/ R1/
SR1SR1SR1SR1
RC2RC2RC2RC2 R10/ R10/ R10/ R10/
SR10SR10SR10SR10
R2/ R2/ R2/ R2/
SR2SR2SR2SR2
LUG LUG LUG LUG
1, 2, 3, 1, 2, 3, 1, 2, 3, 1, 2, 3,
MMDMMDMMDMMD
SingleSingleSingleSingle---- Family Family Family Family
Dwelling Dwelling Dwelling Dwelling
[§[§[§[§ 139139139139----7A7A7A7A(1)](1)](1)](1)]
1111 1111 1111 1111 1111 2222 2222 2222 2222
Accessory Accessory Accessory Accessory
Apartment Apartment Apartment Apartment
(§(§(§(§ 139139139139----7C7C7C7C))))
0000 0000 0000 0000 1111 1111 1111 1111 1111
Secondary Secondary Secondary Secondary
Dwelling Unit Dwelling Unit Dwelling Unit Dwelling Unit
[§[§[§[§ 139139139139----7777AAAA(2)]**(2)]**(2)]**(2)]**
1111 1111 0000 1111 .6/br.6/br.6/br.6/br .75/br.75/br.75/br.75/br .75/br.75/br.75/br.75/br 1.0/br1.0/br1.0/br1.0/br 2222
*Other *Other *Other *Other
Dwelling UnitDwelling UnitDwelling UnitDwelling Unit
1/d.u.1/d.u.1/d.u.1/d.u. 1/d.u1/d.u1/d.u1/d.u
....
.30/br.30/br.30/br.30/br 1/d.u1/d.u1/d.u1/d.u
....
1/d.u1/d.u1/d.u1/d.u
....
1/d.u.1/d.u.1/d.u.1/d.u. 1/d.u.1/d.u.1/d.u.1/d.u. 1/d.u.1/d.u.1/d.u.1/d.u. 1/d.u.1/d.u.1/d.u.1/d.u.
Page 93
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Principal and Accessory Uses "A"Principal and Accessory Uses "A"Principal and Accessory Uses "A"Principal and Accessory Uses "A"
ROH/ ROH/ ROH/ ROH/
SROHSROHSROHSROH
LCLCLCLC CDTCDTCDTCDT RCRCRCRC R1/ R1/ R1/ R1/
SR1SR1SR1SR1
RC2RC2RC2RC2 R10/ R10/ R10/ R10/
SR10SR10SR10SR10
R2/ R2/ R2/ R2/
SR2SR2SR2SR2
LUG LUG LUG LUG
1, 2, 3, 1, 2, 3, 1, 2, 3, 1, 2, 3,
MMDMMDMMDMMD
Duplex [§Duplex [§Duplex [§Duplex [§ 139139139139----
8A8A8A8A(1)](1)](1)](1)]
N/AN/AN/AN/A .75/b.75/b.75/b.75/b
rrrr
.30/br.30/br.30/br.30/br .75/b.75/b.75/b.75/b
rrrr
.75/b.75/b.75/b.75/b
rrrr
1.0/br1.0/br1.0/br1.0/br 1.0/br1.0/br1.0/br1.0/br N/AN/AN/AN/A N/AN/AN/AN/A
MultiMultiMultiMulti----Family Family Family Family
(§(§(§(§ 139139139139----8C8C8C8C))))
N/AN/AN/AN/A N/AN/AN/AN/A .30/br.30/br.30/br.30/br .30/b.30/b.30/b.30/b
rrrr
N/AN/AN/AN/A 1.0/br1.0/br1.0/br1.0/br 1.0/br1.0/br1.0/br1.0/br N/AN/AN/AN/A N/AN/AN/AN/A
Studio (§§Studio (§§Studio (§§Studio (§§ 139139139139----
2222 and and and and 139139139139----15151515
1111 1111 1111 1111
Note: "d.u." shall mean "dwelling unit"; and "br" shall mean "bedroom" as determined by the ZEO.Note: "d.u." shall mean "dwelling unit"; and "br" shall mean "bedroom" as determined by the ZEO.Note: "d.u." shall mean "dwelling unit"; and "br" shall mean "bedroom" as determined by the ZEO.Note: "d.u." shall mean "dwelling unit"; and "br" shall mean "bedroom" as determined by the ZEO.
Notes:Notes:Notes:Notes:
*Includes nonconforming dwelling units in any district.*Includes nonconforming dwelling units in any district.*Includes nonconforming dwelling units in any district.*Includes nonconforming dwelling units in any district.
**For interpretation pur**For interpretation pur**For interpretation pur**For interpretation purposes, the secondary dwelling unit shall be the unit with the lesser number poses, the secondary dwelling unit shall be the unit with the lesser number poses, the secondary dwelling unit shall be the unit with the lesser number poses, the secondary dwelling unit shall be the unit with the lesser number
of bedrooms and shall not be related to the sequence of building.of bedrooms and shall not be related to the sequence of building.of bedrooms and shall not be related to the sequence of building.of bedrooms and shall not be related to the sequence of building.
Page 94
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
AAAA. Residential [§. Residential [§. Residential [§. Residential [§ 139139139139----7]7]7]7] Zoning Zoning Zoning Zoning
DistrictsDistrictsDistrictsDistricts SingleSingleSingleSingle---- Family Family Family Family DwellingDwellingDwellingDwelling Secondary Secondary Secondary Secondary Dwelling Unit*Dwelling Unit*Dwelling Unit*Dwelling Unit* AccessorAccessorAccessorAccessory y y y ApartmentApartmentApartmentApartment ApartmentApartmentApartmentApartment Garage Garage Garage Garage ApartmentApartmentApartmentApartment StudioStudioStudioStudio DuplexDuplexDuplexDuplex MultiMultiMultiMulti----FamilyFamilyFamilyFamily Elder Housing Elder Housing Elder Housing Elder Housing FacilitiesFacilitiesFacilitiesFacilities RRRR----1 1 1 1
SRSRSRSR----1111 1111 .6 / .6 / .6 / .6 /
brbrbrbr 1111 N/AN/AN/AN/A 0.75 / 0.75 / 0.75 / 0.75 /
brbrbrbr 0000 0.750.750.750.75
/ br/ br/ br/ br N/AN/AN/AN/A 1 per 2 1 per 2 1 per 2 1 per 2
residentsresidentsresidentsresidents
ROH ROH ROH ROH
SOHSOHSOHSOH 1111 1111 0000 N/AN/AN/AN/A 0.75 / 0.75 / 0.75 / 0.75 /
brbrbrbr 0000 N/AN/AN/AN/A N/AN/AN/AN/A 1 per 2 1 per 2 1 per 2 1 per 2
residentsresidentsresidentsresidents
RRRR----5555 1111 1111 1111 N/AN/AN/AN/A 1.0 / br1.0 / br1.0 / br1.0 / br 1111 1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr
1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr
1 per 2 1 per 2 1 per 2 1 per 2
residentsresidentsresidentsresidents
RRRR----10 10 10 10
SRSRSRSR----10101010 2222
1111
.75/ .75/ .75/ .75/
brbrbrbr
1111 N/AN/AN/AN/A 1.0 / br1.0 / br1.0 / br1.0 / br 1111 1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr
1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr
1 per 2 1 per 2 1 per 2 1 per 2
residentsresidentsresidentsresidents
RRRR----20 20 20 20
SRSRSRSR----20202020 2222 1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr 1111 N/AN/AN/AN/A 1.0 / br1.0 / br1.0 / br1.0 / br 1111 N/AN/AN/AN/A N/AN/AN/AN/A 1 per 2 1 per 2 1 per 2 1 per 2
residentsresidentsresidentsresidents Town Residential DistrictsTown Residential DistrictsTown Residential DistrictsTown Residential Districts RRRR----40404040 2222 1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr 1111 N/AN/AN/AN/A 1.0 / br1.0 / br1.0 / br1.0 / br 1111 N/AN/AN/AN/A N/AN/AN/AN/A 1111 per 2 per 2 per 2 per 2
residentsresidentsresidentsresidents
CDTCDTCDTCDT 1111 0000 0000 0.3 / 0.3 / 0.3 / 0.3 /
brbrbrbr 0.3 / br0.3 / br0.3 / br0.3 / br 0000 0.3 / 0.3 / 0.3 / 0.3 /
brbrbrbr N/AN/AN/AN/A 0000
LCLCLCLC 1111 1111 0000 0.75 / 0.75 / 0.75 / 0.75 /
brbrbrbr
0.75 / 0.75 / 0.75 / 0.75 /
brbrbrbr 0000 0.75 0.75 0.75 0.75
/ br/ br/ br/ br N/AN/AN/AN/A 1 per 2 1 per 2 1 per 2 1 per 2
residentsresidentsresidentsresidents
CMICMICMICMI 1111 N/AN/AN/AN/A 0000 1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr 1.0 / br1.0 / br1.0 / br1.0 / br 1111 1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr
1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr
1 per 2 1 per 2 1 per 2 1 per 2
residentsresidentsresidentsresidents
CNCNCNCN 1111 N/AN/AN/AN/A 1111 1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr 1.0 / br1.0 / br1.0 / br1.0 / br 1111 1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr
1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr N/AN/AN/AN/A
CTECCTECCTECCTEC 1111 N/AN/AN/AN/A 1111 1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr 1.0 / br1.0 / br1.0 / br1.0 / br 1111 1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr
1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr N/AN/AN/AN/A
CICICICI N/AN/AN/AN/A N/AN/AN/AN/A N/AN/AN/AN/A N/AN/AN/AN/A 1.0 / br1.0 / br1.0 / br1.0 / br N/AN/AN/AN/A N/AN/AN/AN/A N/AN/AN/AN/A N/AN/AN/AN/A
RCRCRCRC 1111 1111 0000 0.75 / 0.75 / 0.75 / 0.75 /
brbrbrbr
0.75 / 0.75 / 0.75 / 0.75 /
brbrbrbr 0000 0.75 0.75 0.75 0.75
/ br/ br/ br/ br
0.30.30.30.3
/br/br/br/br
1 per 2 1 per 2 1 per 2 1 per 2
residentsresidentsresidentsresidents Town Commercial DistrictsTown Commercial DistrictsTown Commercial DistrictsTown Commercial Districts RCRCRCRC----2222 2222 .75 / .75 / .75 / .75 /
brbrbrbr 1111 1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr 1.0 / br1.0 / br1.0 / br1.0 / br 1111 1.0 / 1.0 / 1.0 / 1.0 /
brbrbrbr
1.0/1.0/1.0/1.0/
brbrbrbr
1 per1 per1 per1 per 2 2 2 2
residentsresidentsresidentsresidents
VVVV----RRRR 2222 2222 1111 N/AN/AN/AN/A 1.0 / br1.0 / br1.0 / br1.0 / br 1111 N/AN/AN/AN/A N/AN/AN/AN/A 1 per 2 1 per 2 1 per 2 1 per 2
residentsresidentsresidentsresidents Country Country Country Country ResidentiResidentiResidentiResidential al al al DistrictsDistrictsDistrictsDistricts LUGLUGLUGLUG----1111 2222 2222 1111 N/AN/AN/AN/A 1.0 / br1.0 / br1.0 / br1.0 / br 1111 N/AN/AN/AN/A N/AN/AN/AN/A 1 per 2 1 per 2 1 per 2 1 per 2
residentsresidentsresidentsresidents
Page 95
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
LUGLUGLUGLUG----2222 2222 2222 1111 N/AN/AN/AN/A 1.0 / br1.0 / br1.0 / br1.0 / br 1111 N/AN/AN/AN/A N/AN/AN/AN/A 1 per 2 1 per 2 1 per 2 1 per 2
residentsresidentsresidentsresidents
LUGLUGLUGLUG----3333 2222 2222 1111 N/AN/AN/AN/A 1.0 / br1.0 / br1.0 / br1.0 / br 1111 N/AN/AN/AN/A N/AN/AN/AN/A 1 per 2 1 per 2 1 per 2 1 per 2
resideresideresideresidentsntsntsnts
MMDMMDMMDMMD 2222 2222 1111 N/AN/AN/AN/A 1.0 / br1.0 / br1.0 / br1.0 / br 1111 N/AN/AN/AN/A N/AN/AN/AN/A N/AN/AN/AN/A
VNVNVNVN 2222 N/AN/AN/AN/A 1111 N/AN/AN/AN/A 1.0 / br1.0 / br1.0 / br1.0 / br 1111 N/AN/AN/AN/A N/AN/AN/AN/A N/AN/AN/AN/A Country Country Country Country Commercial Commercial Commercial Commercial DistrictsDistrictsDistrictsDistricts VTECVTECVTECVTEC 2222 N/AN/AN/AN/A 1111 N/AN/AN/AN/A 1.0 / br1.0 / br1.0 / br1.0 / br 1111 N/AN/AN/AN/A N/AN/AN/AN/A N/AN/AN/AN/A
Notes: Notes: Notes: Notes:
“br" shall mean "bedroom" as determined by the ZEO.“br" shall mean "bedroom" as determined by the ZEO.“br" shall mean "bedroom" as determined by the ZEO.“br" shall mean "bedroom" as determined by the ZEO.
*For interpretation purposes, the second*For interpretation purposes, the second*For interpretation purposes, the second*For interpretation purposes, the secondary dwelling unit shall be the unit with the lesser ary dwelling unit shall be the unit with the lesser ary dwelling unit shall be the unit with the lesser ary dwelling unit shall be the unit with the lesser
number of bedrooms and shall not be related to the sequence of building.number of bedrooms and shall not be related to the sequence of building.number of bedrooms and shall not be related to the sequence of building.number of bedrooms and shall not be related to the sequence of building.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 29ARTICLE 29ARTICLE 29ARTICLE 29
(Zoning Map Change: Madaket Southwest Quadrant)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Limited Use General 2 (LUG-2) district
in the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
32 18 Dionis Beach
32 19 9 Dionis Beach Road
32 20 10 Dionis Beach Road
32 23 43 Eel Point Road
39 8 Eel Point Road
39 13 180 Madaket Road
39 13.1 186 Madaket Road
39 13.2 184 Madaket Road
39 13.9 166 Madaket Road
39 14.1 168 Madaket Road
39 14.2 170 Madaket Road
39 14.3 172 Madaket Road
39 14.4 174 Madaket Road
Page 96
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
39 14.5 176 Madaket Road
39 14.6 170 R Madaket Road
39 15 179 Madaket Road
39 32.1 11 Greenleaf Road
39 32.2 13 Greenleaf Road
39 32.3 15 Greenleaf Road
39 32.4 19 Greenleaf Road
39 32.5 21 Greenleaf Road
39 33 155 Madaket Road
39 34 159 Madaket Road
39 35 163 Madaket Road
39 36 167 Madaket Road
39 37 171 Madaket Road
39 38 175 Madaket Road
39 39 177 Madaket Road
39 41.1 2 Braeburn Way
39 43 5 Worth Road
39 44 6 Worth Road
40 28 112 Madaket Road
40 29 124 Madaket Road
40 29.1 118 Madaket Road
40 29.2 136 Madaket Road
40 30 141 Madaket Road
40 77 129 Madaket Road
40 78 137 Madaket Road
40 80.3 146 Madaket Road
40 109 135 Madaket Road
40 110 133 Madaket Road
57 1 Hummock Pond
57 2 Hummock Pond
57 7 60 Millbrook Road
57 8 40 Millbrook Road
57 9 153 Hummock Pond Road
57 12 Ram Pasture
57 25 Barrett Farm Road
58 3 24 Massasoit Bridge Road
58 4.1 27 Massasoit Bridge Road
58 4.2 Massasoit Bridge Road
58 5 Massasoit Bridge Road
Page 97
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
58 6 33 Massasoit Bridge Road
58 7 Massasoit Bridge Road
58 8 Barrett Farm Road
58 9 The Plains
58 9.1 The Plains
58 9.2 The Plains
58 9.3 The Plains
58 10.1 3 Palmer Farm
58 10.2 1 Palmer Farm
58 10.3 2 Palmer Farm
58 10.4 4 Palmer Farm
58 11 The Plains
58 12 The Plains
58 13 The Plains
58 14 Massasoit Bridge Road
58 15 Massasoit Bridge Road
58 16 Massasoit Bridge Road
58 17 Lower Plains
58 18 Lower Plains
58 19 17 Massasoit Bridge Road
58 20 19 Massasoit Bridge Road
58 21 21 Massasoit Bridge Road
58 22 23 Massasoit Bridge Road
58 23 Massasoit Bridge Road
58 24 Massasoit Bridge Road
58 25 Massasoit Bridge Road
58 26 Massasoit Bridge Road
58 27 Barrett Farm Road
58 28 Barrett Farm Road
58 29 Barrett Farm Road
58 30 Massasoit Bridge Road
58 31 The Plains
58 32 Massasoit Bridge Road
58 33 Massasoit Bridge Road
58 34 County Road
58 34.1 County Road
58 35 13 Massasoit Bridge Road
58 36 Massasoit Bridge Road
58 37 The Plains
Page 98
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
58 39 40 Massasoit Bridge Road
59 4 Jeremys Cove
59 5 Jeremys Cove
59 6 Massasoit Bridge Road
59 9 9 Massasoit Bridge Road
59 10 Head of Plains
59 13 Head of Plains
59 14 Massasoit Bridge Road
59 40 Head of Plains
59.3 43 4 Red Barn Road
59.3 44 3 Red Barn Road
59.3 45 1 Head of Plains Road
59.3 45.1 1 Head of Plains Road
59.3 45.2 1 Head of Plains Road
59.3 45.3 1 Head of Plains Road
59.3 45.4 1 Head of Plains Road
59.3 45.5 3 Head of Plains Road
59.3 45.6 5 Head of Plains Road
59.3 45.7 7 Head of Plains Road
62 5 2 Sheep Pond Road
62 6 1 Sheep Pond Road
62 11 Sheep Pond Road
63 4 20 Sheep Pond Road
63 5 11 Head of Plains Road
63 6 6 Head of Plains Road
63 6.1 10 Head of Plains Road
63 6.2 10 Head of Plains Road
63 6.3 18 Head of Plains Road
63 7 4 Head of Plains Road
63 7.1 6 Head of Plains Road
63 7.2 6 Head of Plains Road
63 7.3 6 Head of Plains Road
63 7.4 6 Head of Plains Road
63 8 32 Sheep Pond Road
63 9 7 Massasoit Bridge Road
63 10 Head of Plains
63 11 Head of Plains
63 12 Head of Plains
63 13 Head of Plains
Page 99
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
63 14 Head of Plains
63 16 Massasoit Bridge Road
63 17.2 43 Sheep Pond Road
63 18 43 R Sheep Pond Road
63 40 34 Sheep Pond Road
63 41 43 Sheep Pond Road
63 42 34 R Sheep Pond Road
63 44 Massasoit Bridge Road
63 45 47 Sheep Pond Road
63 46 Massasoit Bridge Road
63 47 Massasoit Bridge Road
63 48 Massasoit Bridge Road
63 49 Massasoit Bridge Road
63 49.1 Massasoit Bridge Road
63 58 30 Sheep Pond Road
63 59 20 Sheep Pond Road
63 60 18 Sheep Pond Road
63 61 20 Sheep Pond Road
63 62 20 Sheep Pond Road
64 1 Clark Cove Road
64 2 Head of Plains
64 3 Head of Plains
64 4 Clark Cove Road
64 5 Clark Cove Road
64 6 Clark Cove Road
64 7 Clark Cove Road
64 8 Clark Cove Road
64 9 Clark Cove Road
64 10 Clark Cove Road
64 11 Clark Cove Road
64 12 5 Palmer Farm
65 2 151 Hummock Pond Road
65 2.1 151 R Hummock Pond Road
65 5 140 Hummock Pond Road
65 6 142 Hummock Pond Road
65 13.2 168 Hummock Pond Road
65 13.3 (a portion of) 162 Hummock Pond Road
65 25 (a portion of) 181 R Hummock Pond Road
65 33 190 Hummock Pond Road
Page 100
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
65 35 (a portion of) Hummock Pond Road
65 71 180 Hummock Pond Road
65 85 Nanahumacke Lane
66 130 132 Hummock Pond Road
82 23 1 Heller Way
82 24 4 Caroline Way
82 25 4 Caroline Way
82 26 4 Caroline Way
82 27 8 Caroline Way
82 28 10 Caroline Way
82 29 12 Caroline Way
82 30 Smooth Hummocks
82 31 240 Hummock Pond Road
82 94 220 Hummock Pond Road
83 1 Hummock Pond
83 2 Hummock Pond
83 29.1 (a portion of) 261 Hummock Pond Road
83 29.3 (a portion of) 261 R Hummock Pond Road
83 30 260 Hummock Pond Road
83 31 260 R Hummock Pond Road
83 32 270 Hummock Pond Road
83 33 282 Hummock Pond Road
83 34 284 Hummock Pond Road
83 35 286 Hummock Pond Road
83 36 238 Hummock Pond Road
83 37 290 Hummock Pond Road
83 38 290 Hummock Pond Road
83 47 272 Hummock Pond Road
83 48 274 Hummock Pond Road
83 49 276 Hummock Pond Road
83 50 Un-named Way off of Hummock Pond Road
83 51 278 Hummock Pond Road
83 52 280 Hummock Pond Road
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucketthe Zoning Map of the Town of Nantucketthe Zoning Map of the Town of Nantucketthe Zoning Map of the Town of Nantucket be be be be
amended amended amended amended by placing the following properby placing the following properby placing the following properby placing the following properties currently located in the Limited Use General 2 ties currently located in the Limited Use General 2 ties currently located in the Limited Use General 2 ties currently located in the Limited Use General 2
(LUG(LUG(LUG(LUG----2) district in the Limited Use General 3 (LUG2) district in the Limited Use General 3 (LUG2) district in the Limited Use General 3 (LUG2) district in the Limited Use General 3 (LUG----3) district:3) district:3) district:3) district:
Page 101
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
32323232 18181818 Dionis BeachDionis BeachDionis BeachDionis Beach
32323232 19191919 9999 Dionis Beach RoadDionis Beach RoadDionis Beach RoadDionis Beach Road
32323232 20202020 10101010 Dionis Beach RoadDionis Beach RoadDionis Beach RoadDionis Beach Road
32323232 23232323 43434343 Eel Point RoadEel Point RoadEel Point RoadEel Point Road
39393939 8888 Eel PointEel PointEel PointEel Point Road Road Road Road
39393939 13131313 180180180180 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 13.113.113.113.1 186186186186 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 13.213.213.213.2 184184184184 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 13.913.913.913.9 166166166166 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 14.114.114.114.1 168168168168 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 14.214.214.214.2 170170170170 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 14.314.314.314.3 172172172172 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 14.414.414.414.4 174174174174 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 14.514.514.514.5 176176176176 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 14.614.614.614.6 170 R170 R170 R170 R MadMadMadMadaket Roadaket Roadaket Roadaket Road
39393939 15151515 179179179179 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 32.132.132.132.1 11111111 Greenleaf RoadGreenleaf RoadGreenleaf RoadGreenleaf Road
39393939 32.232.232.232.2 13131313 Greenleaf RoadGreenleaf RoadGreenleaf RoadGreenleaf Road
39393939 32.332.332.332.3 15151515 Greenleaf RoadGreenleaf RoadGreenleaf RoadGreenleaf Road
39393939 32.432.432.432.4 19191919 Greenleaf RoadGreenleaf RoadGreenleaf RoadGreenleaf Road
39393939 32.532.532.532.5 21212121 Greenleaf RoadGreenleaf RoadGreenleaf RoadGreenleaf Road
39393939 33333333 155155155155 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 34343434 159159159159 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 35353535 163163163163 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 36363636 167167167167 MadaMadaMadaMadaket Roadket Roadket Roadket Road
39393939 37373737 171171171171 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 38383838 175175175175 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 39393939 177177177177 Madaket RoadMadaket RoadMadaket RoadMadaket Road
39393939 41.141.141.141.1 2222 Braeburn WayBraeburn WayBraeburn WayBraeburn Way
39393939 43434343 5555 Worth RoadWorth RoadWorth RoadWorth Road
39393939 44444444 6666 Worth RoadWorth RoadWorth RoadWorth Road
40404040 28282828 112112112112 Madaket RoadMadaket RoadMadaket RoadMadaket Road
40404040 29292929 124124124124 Madaket RoadMadaket RoadMadaket RoadMadaket Road
40404040 29.129.129.129.1 118118118118 Madaket RoadMadaket RoadMadaket RoadMadaket Road
40404040 29.229.229.229.2 136136136136 Madaket RoadMadaket RoadMadaket RoadMadaket Road
40404040 30303030 141141141141 Madaket RoadMadaket RoadMadaket RoadMadaket Road
40404040 77777777 129129129129 Madaket RoadMadaket RoadMadaket RoadMadaket Road
40404040 78787878 137137137137 Madaket RoadMadaket RoadMadaket RoadMadaket Road
40404040 80.380.380.380.3 146146146146 Madaket RoadMadaket RoadMadaket RoadMadaket Road
Page 102
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
40404040 109109109109 135135135135 Madaket RoadMadaket RoadMadaket RoadMadaket Road
40404040 110110110110 133133133133 Madaket RoadMadaket RoadMadaket RoadMadaket Road
40404040 120120120120 2222 Eel Point RoadEel Point RoadEel Point RoadEel Point Road
57575757 1111 Hummock PondHummock PondHummock PondHummock Pond
57575757 2222 Hummock PondHummock PondHummock PondHummock Pond
57575757 7777 60606060 Milbrook RoadMilbrook RoadMilbrook RoadMilbrook Road
57575757 8888 40404040 Milbrook RoadMilbrook RoadMilbrook RoadMilbrook Road
57575757 9999 151515153333 Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
57575757 12121212 Ram PastureRam PastureRam PastureRam Pasture
57575757 25252525 Barrett Farm RoadBarrett Farm RoadBarrett Farm RoadBarrett Farm Road
58585858 3333 24242424 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58585858 4.14.14.14.1 27272727 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58585858 4.24.24.24.2 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58585858 5555 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58585858 6666 33333333 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58585858 7777 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58585858 8888 Barrett Farm RoadBarrett Farm RoadBarrett Farm RoadBarrett Farm Road
58585858 9999 The PlainsThe PlainsThe PlainsThe Plains
58585858 9.19.19.19.1 The PlainsThe PlainsThe PlainsThe Plains
58585858 9.29.29.29.2 The PlainsThe PlainsThe PlainsThe Plains
58585858 9.39.39.39.3 The PlainsThe PlainsThe PlainsThe Plains
58 10.110.110.110.1 3 Palmer FarmPalmer FarmPalmer FarmPalmer Farm
58 10.210.210.210.2 1 Palmer FarmPalmer FarmPalmer FarmPalmer Farm
58 10.310.310.310.3 2 Palmer FarmPalmer FarmPalmer FarmPalmer Farm
58 10.410.410.410.4 4 Palmer FarmPalmer FarmPalmer FarmPalmer Farm
58 11111111 The PlainsThe PlainsThe PlainsThe Plains
58585858 12121212 The PlainsThe PlainsThe PlainsThe Plains
58585858 13131313 The PlainsThe PlainsThe PlainsThe Plains
58585858 14141414 MaMaMaMassasoit Bridge Roadssasoit Bridge Roadssasoit Bridge Roadssasoit Bridge Road
58 15151515 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58 16161616 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58 17171717 Lower PlainsLower PlainsLower PlainsLower Plains
58 18181818 Lower PlainsLower PlainsLower PlainsLower Plains
58 19191919 17 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58585858 20202020 19 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58585858 21212121 21 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58585858 22222222 23 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58 23232323 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58 24242424 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58 25252525 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
Page 103
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
58 26262626 Massasoit Bridge Road
58 27272727 Barrett Farm RoadBarrett Farm RoadBarrett Farm RoadBarrett Farm Road
58585858 28282828 Barrett Farm RoadBarrett Farm RoadBarrett Farm RoadBarrett Farm Road
58585858 29292929 Barrett Farm RoadBarrett Farm RoadBarrett Farm RoadBarrett Farm Road
58585858 30303030 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58 31313131 The PlainsThe PlainsThe PlainsThe Plains
58 32323232 MassasoMassasoMassasoMassasoit Bridge Roadit Bridge Roadit Bridge Roadit Bridge Road
58 33333333 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58 34343434 County RoadCounty RoadCounty RoadCounty Road
58 34.134.134.134.1 County RoadCounty RoadCounty RoadCounty Road
58 35353535 13 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58 36363636 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
58 37373737 The PlainsThe PlainsThe PlainsThe Plains
58 39393939 40 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
59 4444 Jeremys CoveJeremys CoveJeremys CoveJeremys Cove
59 5555 Jeremys CoveJeremys CoveJeremys CoveJeremys Cove
59 6666 MassasoitMassasoitMassasoitMassasoit Bridge Road Bridge Road Bridge Road Bridge Road
59 9999 9 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
59 10101010 Head of PlainsHead of PlainsHead of PlainsHead of Plains
59 13131313 Head of PlainsHead of PlainsHead of PlainsHead of Plains
59 14141414 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
59 40404040 Head of PlainsHead of PlainsHead of PlainsHead of Plains
59.3 43434343 4 Red Barn RoadRed Barn RoadRed Barn RoadRed Barn Road
59.3 44444444 3 Red Barn RoadRed Barn RoadRed Barn RoadRed Barn Road
59.3 45454545 1 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
59.3 45.145.145.145.1 1 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
59.3 45.245.245.245.2 1 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
59.3 45.345.345.345.3 1 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
59.3 45.445.445.445.4 1 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
59.3 45.545.545.545.5 3 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
59.3 45.645.645.645.6 5 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
59.3 45.745.745.745.7 7 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
62 5555 2 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
62 6666 1 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
62 11111111 ShShShSheep Pond Roadeep Pond Roadeep Pond Roadeep Pond Road
63 4444 20 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
63 5555 11 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
63 6666 6 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
63 6.16.16.16.1 10 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
63 6.26.26.26.2 10 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
Page 104
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
63 6.36.36.36.3 18 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
63 7777 4 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
63 7.17.17.17.1 6 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
63 7.27.27.27.2 6 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
63 7.37.37.37.3 6 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
63 7.47.47.47.4 6 Head of Plains RoadHead of Plains RoadHead of Plains RoadHead of Plains Road
63 8888 32 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
63 9999 7 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
63 10101010 Head of PlainsHead of PlainsHead of PlainsHead of Plains
63 11111111 Head of PlainsHead of PlainsHead of PlainsHead of Plains
63 12121212 Head of PlainsHead of PlainsHead of PlainsHead of Plains
63 13131313 Head of PlainsHead of PlainsHead of PlainsHead of Plains
63 14141414 Head of PlainsHead of PlainsHead of PlainsHead of Plains
63 11116666 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
63 17.217.217.217.2 43 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
63 18181818 43 R Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
63 40404040 34 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
63 41414141 43 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
63 42424242 34 R Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
63 44444444 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
63 45454545 47 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
63 46464646 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
63 47474747 MMMMassasoit Bridge Roadassasoit Bridge Roadassasoit Bridge Roadassasoit Bridge Road
63 48484848 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
63 49494949 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
63 49.149.149.149.1 Massasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge RoadMassasoit Bridge Road
63 58585858 30 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
63 59595959 20 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
63 60606060 18 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
63 61616161 20 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
63 62626262 20 Sheep Pond RoadSheep Pond RoadSheep Pond RoadSheep Pond Road
64 1111 Clark Clark Clark Clark Cove RoadCove RoadCove RoadCove Road
64 2222 Head of PlainsHead of PlainsHead of PlainsHead of Plains
64 3333 Head of PlainsHead of PlainsHead of PlainsHead of Plains
64 4444 Clark Cove RoadClark Cove RoadClark Cove RoadClark Cove Road
64 5555 Clark Cove RoadClark Cove RoadClark Cove RoadClark Cove Road
64 6666 Clark Cove RoadClark Cove RoadClark Cove RoadClark Cove Road
64 7777 Clark Cove RoadClark Cove RoadClark Cove RoadClark Cove Road
64 8888 Clark Cove RoadClark Cove RoadClark Cove RoadClark Cove Road
64 9999 Clark Cove RoadClark Cove RoadClark Cove RoadClark Cove Road
Page 105
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
64 10101010 Clark Cove RoadClark Cove RoadClark Cove RoadClark Cove Road
64 11111111 Clark Cove RoadClark Cove RoadClark Cove RoadClark Cove Road
64 12121212 5 Palmer Palmer Palmer Palmer FarmFarmFarmFarm
65 2222 151 Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
65 2.12.12.12.1 151 R Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
65 5555 140 Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
65 6666 142 Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
65 13.213.213.213.2 168 Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
65 13.3 (a portion of)13.3 (a portion of)13.3 (a portion of)13.3 (a portion of) 162 Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
65 25 (a portion of) 181 R Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
65 33 190 HHHHummock Pond Roadummock Pond Roadummock Pond Roadummock Pond Road
65 35 (a portion of) Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
65 71 180 Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
65 85 Nanahumacke Lane
66 130 132 Hummock Pond Road
82 23 1 Heller WayHeller WayHeller WayHeller Way
82 24 4 Caroline WayCaroline WayCaroline WayCaroline Way
82 25 4 Caroline WayCaroline WayCaroline WayCaroline Way
82 26 4 Caroline WayCaroline WayCaroline WayCaroline Way
82 27 8 Caroline Way
82 28 10 Caroline Way
82 29 12 Caroline Way
82 30 Smooth Hummocks
82 31 240 Hummock Pond Road
82 94 220 Hummock Pond Road
83 1 Hummock Pond
83 2 Hummock Pond
83 29.1 (a portion of) 261 Hummock Pond Road
83 29.3 (a portion of) 261 R Hummock Pond Road
83 30 260 Hummock Pond Road
83
31
(includes 44) 260 R Hummock Pond Road
83 32 270 Hummock Pond Road
83 33 282 Hummock Pond Road
83 34 284 Hummock Pond Road
83 35 286 Hummock Pond Road
83 36 238 Hummock Pond Road
83 37 290 Hummock Pond Road
83 38 290 Hummock Pond Road
83 47 272 Hummock Pond Road
83 48 274 Hummock Pond Road
Page 106
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
83 49 276 Hummock Pond Road
83 50
Un-named Way off of Hummock Pond
Road
83 51 278 Hummock Pond Road
83 52 280 Hummock Pond Road
All as shown on a map entitled “All as shown on a map entitled “All as shown on a map entitled “All as shown on a map entitled “2009 Town 2009 Town 2009 Town 2009 Town Meeting Meeting Meeting Meeting Warrant ArticleWarrant ArticleWarrant ArticleWarrant Article 29 29 29 29” dated” dated” dated” dated December 2008 December 2008 December 2008 December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 30ARTICLE 30ARTICLE 30ARTICLE 30
(Zoning Map Change: Hummock Pond Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
taking the following actions:
1. By placing the following properties currently located in the Residential 20 (R-20) district in
the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
65 1.1 (a portion of) 171 R Hummock Pond Road
65 25 (a portion of) 181 Hummock Pond Road
65 35 (a portion of) Hummock Pond Road
65 75 185 Hummock Pond Road
83 29.1 (a portion of) 261 Hummock Pond Road
83 29.3 (a portion of) 261 R Hummock Pond Road
2. By placing the following properties currently located in the Residential 20 (R-20) district in
the Limited Use General 2 (LUG-2) district:
Map Lot Number Street
65 20 (a portion of) 211 Hummock Pond Road
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be
amended by taking the following actions: amended by taking the following actions: amended by taking the following actions: amended by taking the following actions:
1. By placing the following properties currently located in the Residential 20 (R1. By placing the following properties currently located in the Residential 20 (R1. By placing the following properties currently located in the Residential 20 (R1. By placing the following properties currently located in the Residential 20 (R----20) district in 20) district in 20) district in 20) district in
the Limited Use General 3 (LUGthe Limited Use General 3 (LUGthe Limited Use General 3 (LUGthe Limited Use General 3 (LUG----3) district:3) district:3) district:3) district:
Page 107
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
65656565 1.1 (a portion of) 1.1 (a portion of) 1.1 (a portion of) 1.1 (a portion of) 171 R171 R171 R171 R Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
65656565 25 (a portion of) 25 (a portion of) 25 (a portion of) 25 (a portion of) 181181181181 Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
65656565 35 (a portion of)35 (a portion of)35 (a portion of)35 (a portion of) Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
65656565 75757575 185185185185 Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
83838383 29.1 (29.1 (29.1 (29.1 (a portion of)a portion of)a portion of)a portion of) 261261261261 Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
83838383 29.3 (a portion of)29.3 (a portion of)29.3 (a portion of)29.3 (a portion of) 261 R261 R261 R261 R Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
2. By placing the following properties currently located in the Residential 20 (R2. By placing the following properties currently located in the Residential 20 (R2. By placing the following properties currently located in the Residential 20 (R2. By placing the following properties currently located in the Residential 20 (R----20) district in 20) district in 20) district in 20) district in
the Limited Use General 2 (LUGthe Limited Use General 2 (LUGthe Limited Use General 2 (LUGthe Limited Use General 2 (LUG----2) district:2) district:2) district:2) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
65656565 22220 (a portion of)0 (a portion of)0 (a portion of)0 (a portion of) 211211211211 Hummock Pond RoadHummock Pond RoadHummock Pond RoadHummock Pond Road
All as shown on a map entitled “All as shown on a map entitled “All as shown on a map entitled “All as shown on a map entitled “2009 Town Meeting 2009 Town Meeting 2009 Town Meeting 2009 Town Meeting Warrant Article Warrant Article Warrant Article Warrant Article 30303030”””” dated December 2008 dated December 2008 dated December 2008 dated December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the PlanninPlanninPlanninPlanning Boardg Boardg Boardg Board
Motion.Motion.Motion.Motion.
ARTICLEARTICLEARTICLEARTICLE 31 31 31 31
(Zoning Map Change: 1 Milestone Road/Wannacomet Water Company)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
54 45 1 Milestone Road
54 46 1 Milestone Road
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved thPLANNING BOARD MOTION: Moved thPLANNING BOARD MOTION: Moved thPLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be at the Zoning Map of the Town of Nantucket be at the Zoning Map of the Town of Nantucket be at the Zoning Map of the Town of Nantucket be
amended by placing the following properties currently located in the Residential Commercial 2 amended by placing the following properties currently located in the Residential Commercial 2 amended by placing the following properties currently located in the Residential Commercial 2 amended by placing the following properties currently located in the Residential Commercial 2
(RC(RC(RC(RC----2) district in the Limited Use General 3 (LUG2) district in the Limited Use General 3 (LUG2) district in the Limited Use General 3 (LUG2) district in the Limited Use General 3 (LUG----3) district:3) district:3) district:3) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
54545454 45454545 1111 Milestone RoadMilestone RoadMilestone RoadMilestone Road
54545454 46464646 1111 Milestone RoadMilestone RoadMilestone RoadMilestone Road
Page 108
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
All as shown on a map entitled “All as shown on a map entitled “All as shown on a map entitled “All as shown on a map entitled “2009 Town Meeting 2009 Town Meeting 2009 Town Meeting 2009 Town Meeting Warrant ArticleWarrant ArticleWarrant ArticleWarrant Article 31 31 31 31”””” dated December 2008 dated December 2008 dated December 2008 dated December 2008
andandandand filed herewith at the Office of the Town Clerk. filed herewith at the Office of the Town Clerk. filed herewith at the Office of the Town Clerk. filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTARTARTARTICLE 32ICLE 32ICLE 32ICLE 32
(Zoning Map Change: Mary Ann Drive and Pine Crest Drive)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Residential 5 (R-5) district:
Map Lot Number Street
68 29 17 Mary Ann Drive
68 330 17A Mary Ann Drive
68 774 15.5 Mary Ann Drive
68 100 15 Mary Ann Drive
68 222 13 Mary Ann Drive
68 985 13B Mary Ann Drive
68 984 13C Mary Ann Drive
68 983 11A Mary Ann Drive
68 220 11 Mary Ann Drive
68 490 9.5 Mary Ann Drive
68 219 9 Mary Ann Drive
68 216 7.5 Mary Ann Drive
68 485 7 Mary Ann Drive
68 215 5.5 Mary Ann Drive
68 215.2 5 Mary Ann Drive
68 215.3 5A Mary Ann Drive
68 215.4 5B Mary Ann Drive
68 444 14 Mary Ann Drive
68 445 16 Mary Ann Drive
68 446 18 Mary Ann Drive
68 447 20 Mary Ann Drive
68 448 22 Mary Ann Drive
68 449.1 24A Mary Ann Drive
68 449.2 24B Mary Ann Drive
68 450 26 Mary Ann Drive
68 418 (portion of) 11 Pine Crest Drive
68 435 (portion of) 15 Pine Crest Drive
Page 109
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68 965 40 Mary Ann Drive
68 964 42 Mary Ann Drive
68 963 19 Pine Crest Drive
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that the Zoning Map of thethe Zoning Map of thethe Zoning Map of thethe Zoning Map of the Town of Nantucket Town of Nantucket Town of Nantucket Town of Nantucket be be be be
amended amended amended amended by placing the following properties currently located in the Residential Commercial 2 by placing the following properties currently located in the Residential Commercial 2 by placing the following properties currently located in the Residential Commercial 2 by placing the following properties currently located in the Residential Commercial 2
(RC(RC(RC(RC----2) district in the Residential 5 (R2) district in the Residential 5 (R2) district in the Residential 5 (R2) district in the Residential 5 (R----5) district:5) district:5) district:5) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
68686868 29292929 17171717 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 330330330330 17A17A17A17A Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 774774774774 15.515.515.515.5 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 100100100100 15151515 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 222222222222 13131313 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 985985985985 13B13B13B13B Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 984984984984 13C13C13C13C Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 983983983983 11A11A11A11A Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 220220220220 11111111 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 490490490490 9.59.59.59.5 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 219219219219 9999 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 216216216216 7.57.57.57.5 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
66668888 485485485485 7777 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 215215215215 5.55.55.55.5 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 215.2215.2215.2215.2 5555 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 215.3215.3215.3215.3 5A5A5A5A Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 215.4215.4215.4215.4 5B5B5B5B Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 444444444444 14141414 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 445445445445 16161616 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 446446446446 18181818 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 447447447447 20202020 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 448448448448 22222222 Mary AnnMary AnnMary AnnMary Ann Drive Drive Drive Drive
68686868 449.1449.1449.1449.1 24A24A24A24A Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 449.2449.2449.2449.2 24B24B24B24B Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 450450450450 26262626 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 418 (portion of)418 (portion of)418 (portion of)418 (portion of) 11111111 Pine Crest DrivePine Crest DrivePine Crest DrivePine Crest Drive
68686868 435 (portion of)435 (portion of)435 (portion of)435 (portion of) 15151515 Pine Crest DrivePine Crest DrivePine Crest DrivePine Crest Drive
68686868 965965965965 40404040 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
Page 110
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68686868 964964964964 42424242 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 963963963963 19191919 Pine Crest DrivePine Crest DrivePine Crest DrivePine Crest Drive
AAAAll as shown on a map entitled “ll as shown on a map entitled “ll as shown on a map entitled “ll as shown on a map entitled “2009 Town Meeting 2009 Town Meeting 2009 Town Meeting 2009 Town Meeting Warrant ArticleWarrant ArticleWarrant ArticleWarrant Article 32” 32” 32” 32” dated December 2008dated December 2008dated December 2008dated December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 33ARTICLE 33ARTICLE 33ARTICLE 33
(Zoning Map Change: Pine Tree Road and Hinsdale Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Residential 5 (R-5) district:
Map Lot Number Street
68 953 71 Hinsdale Road
68 31 17 Pine Tree Road
68 952 15 Pine Tree Road
68 952.1 15A Pine Tree Road
68 652.2 15B Pine Tree Road
68 955 13B Pine Tree Road
68 102 13A Pine Tree Road
68 954 13 Pine Tree Road
68 957 11B Pine Tree Road
68 224 11A Pine Tree Road
68 958 11 Pine Tree Road
68 225 9 Pine Tree Road
68 226 7 Pine Tree Road
68 960 5B Pine Tree Road
68 960.1 5B#1 Pine Tree Road
68 960.2 5C Pine Tree Road
68 227 5B Pine Tree Road
68 959 5 Pine Tree Road
68 214 (a portion of) 3 Mary Ann Drive
68 228 3 Pine Tree Road
68 215.1 4 Pine Tree Road
68 217 6 Pine Tree Road
68 270 6.5 Pine Tree Road
68 218 8 Pine Tree Road
Page 111
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68 221 10 Pine Tree Road
68 223 12 Pine Tree Road
68 101 14 Pine Tree Road
68 30 16 Pine Tree Road
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that tttthe Zoning Map of the Town of Nantucket he Zoning Map of the Town of Nantucket he Zoning Map of the Town of Nantucket he Zoning Map of the Town of Nantucket be be be be
amended amended amended amended by placing the following properties currently located in the Residentialby placing the following properties currently located in the Residentialby placing the following properties currently located in the Residentialby placing the following properties currently located in the Residential Commercial 2 Commercial 2 Commercial 2 Commercial 2
(RC(RC(RC(RC----2) district in the Residential 5 (R2) district in the Residential 5 (R2) district in the Residential 5 (R2) district in the Residential 5 (R----5) district:5) district:5) district:5) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
68686868 953953953953 71717171 Hinsdale RoadHinsdale RoadHinsdale RoadHinsdale Road
68686868 31313131 17171717 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 952952952952 15151515 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 952.1952.1952.1952.1 15A15A15A15A Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 652.2652.2652.2652.2 15B15B15B15B Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 955955955955 13B13B13B13B Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 111102020202 13A13A13A13A Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 954954954954 13131313 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 957957957957 11B11B11B11B Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 224224224224 11A11A11A11A Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 958958958958 11111111 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 225225225225 9999 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 226226226226 7777 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 960960960960 5B5B5B5B Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 960.1960.1960.1960.1 5B#15B#15B#15B#1 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 960.2960.2960.2960.2 5C5C5C5C Pine TreePine TreePine TreePine Tree Road Road Road Road
68686868 227227227227 5B5B5B5B Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 959959959959 5555 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 214 (a portion of)214 (a portion of)214 (a portion of)214 (a portion of) 3333 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 228228228228 3333 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 215.1215.1215.1215.1 4444 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 217217217217 6666 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 270270270270 6.56.56.56.5 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 218218218218 8888 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 221221221221 10101010 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 223223223223 12121212 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 101101101101 14141414 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
Page 112
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68686868 30303030 16161616 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
All as shown on a map entitled “2009 Town Meeting Warrant Article 33” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 33” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 33” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 33” dated December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board Board Board Board of Selectmen supports the of Selectmen supports the of Selectmen supports the of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 34ARTICLE 34ARTICLE 34ARTICLE 34
(Zoning Map Change: Macys Lane and Hinsdale Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Residential 5 (R-5) district:
Map Lot Number Street
68 107 14 Macys Lane
68 488 20 Macys Lane
68 106 22 Macys Lane
68 489 24 Macys Lane
68 499 26 Macys Lane
68 498 28 Macys Lane
68 105 30 Macys Lane
68 789 34 Macys Lane
68 104 36 Macys Lane
68 788 38 Macys Lane
68 103 40 Macys Lane
68 496 42 Macys Lane
68 497 44 Macys Lane
68 961 46 Macys Lane
68 961.1 46A Macys Lane
68 961.2 46B Macys Lane
68 32 48 Macys Lane
68 962 73 Hinsdale Road
68 33 (a portion of) 45 Macys Lane
68 486 43 Macys Lane
68 34 41 Macys Lane
68 487 39 Macys Lane
68 332 37 Macys Lane
68 35 35 Macys Lane
68 331 33 Macys Lane
Page 113
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68 36 27 Macys Lane
68 495 25 Macys Lane
68 37 23 Macys Lane
68 494 21 Macys Lane
68 38 15 Macys Lane
68 108 8 Macys Lane
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of NantucketPLANNING BOARD MOTION: Moved that the Zoning Map of the Town of NantucketPLANNING BOARD MOTION: Moved that the Zoning Map of the Town of NantucketPLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be be be be
amendedamendedamendedamended by placing the following properties currently located by placing the following properties currently located by placing the following properties currently located by placing the following properties currently located in the Residential Commercial 2 in the Residential Commercial 2 in the Residential Commercial 2 in the Residential Commercial 2
(RC(RC(RC(RC----2) district in the Residential 5 (R2) district in the Residential 5 (R2) district in the Residential 5 (R2) district in the Residential 5 (R----5) district:5) district:5) district:5) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
68686868 107107107107 14141414 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 488488488488 20202020 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 106106106106 22222222 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 489489489489 24242424 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 499499499499 26262626 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 498498498498 28282828 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 105105105105 30303030 MacyMacyMacyMacys Lanes Lanes Lanes Lane
68686868 789789789789 34343434 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 104104104104 36363636 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 788788788788 38383838 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 103103103103 40404040 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 496496496496 42424242 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 497497497497 44444444 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 961961961961 46464646 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 961.1961.1961.1961.1 46A46A46A46A Macys LaneMacys LaneMacys LaneMacys Lane
68686868 961.2961.2961.2961.2 46B46B46B46B Macys LaneMacys LaneMacys LaneMacys Lane
68686868 32323232 48484848 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 962962962962 73737373 Hinsdale RoadHinsdale RoadHinsdale RoadHinsdale Road
68686868 33 (a portion of)33 (a portion of)33 (a portion of)33 (a portion of) 45454545 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 486486486486 43434343 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 34343434 41414141 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 487487487487 39393939 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 332332332332 37373737 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 35353535 35353535 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 331331331331 33333333 Macys LaneMacys LaneMacys LaneMacys Lane
Page 114
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68686868 36363636 27272727 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 495495495495 25252525 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 37373737 23232323 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 494494494494 21212121 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 38383838 15151515 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 108108108108 8888 Macys LaneMacys LaneMacys LaneMacys Lane
All as shown on a map entitled “2009 Town Meeting Warrant Article 34” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 34” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 34” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 34” dated December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the PlanninPlanninPlanninPlanning Boardg Boardg Boardg Board
Motion.Motion.Motion.Motion.
ARTICLE 35ARTICLE 35ARTICLE 35ARTICLE 35
(Zoning Map Change: Naushop)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Residential 5 (R-5) district:
Map Lot Number Street
68 501 1 Goldfinch Drive
68 502 3 Goldfinch Drive
68 503 5 Goldfinch Drive
68 504 7 Goldfinch Drive
68 505 9 Goldfinch Drive
68 506 11 Goldfinch Drive
68 507 13 Goldfinch Drive
68 508 15 Goldfinch Drive
68 509 17 Goldfinch Drive
68 510 19 Goldfinch Drive
68 511 21 Goldfinch Drive
68 512 23 Goldfinch Drive
68 513 1 Curlew Court
68 514 3 Curlew Court
68 515 5 Curlew Court
68 516 7 Curlew Court
68 517 9 Curlew Court
68 518 11 Curlew Court
68 519 13 Curlew Court
68 520 14 Curlew Court
Page 115
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68 521 12 Curlew Court
68 522 10 Curlew Court
68 523 8 Curlew Court
68 524 6 Curlew Court
68 525 4 Curlew Court
68 526 2 Curlew Court
68 527 25 Goldfinch Drive
68 528 1 Sparrow Drive
68 529 3 Sparrow Drive
68 530 5 Sparrow Drive
68 531 4 Sparrow Drive
68 532 2 Sparrow Drive
68 533 27 Goldfinch Drive
68 534 29 Goldfinch Drive
68 535 1 Falcon Court
68 536 3 Falcon Court
68 537 5 Falcon Court
68 538 7 Falcon Court
68 539 8 Falcon Court
68 540 6 Falcon Court
68 541 4 Falcon Court
68 542 2 Falcon Court
68 543 31 Goldfinch Drive
68 544 33 Goldfinch Drive
68 545 35 Goldfinch Drive
68 546 37 Goldfinch Drive
68 547 39 Goldfinch Drive
68 548 41 Goldfinch Drive
68 549 43 Goldfinch Drive
68 550 45 Goldfinch Drive
68 551 47 Goldfinch Drive
68 552 49 Goldfinch Drive
68 553 51 Goldfinch Drive
68 554 53 Goldfinch Drive
68 555 55 Goldfinch Drive
68 556 57 Goldfinch Drive
68 557 59 Goldfinch Drive
68 558 61 Goldfinch Drive
68 559 1 Dovekie Court
Page 116
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68 560 3 Dovekie Court
68 561 5 Dovekie Court
68 562 6 Dovekie Court
68 563 4 Dovekie Court
68 564 2 Dovekie Court
68 565 63 Goldfinch Drive
68 566 65 Goldfinch Drive
68 567 67 Goldfinch Drive
68 568 69 Goldfinch Drive
68 569 71 Goldfinch Drive
68 570 73 Goldfinch Drive
68 571 75 Goldfinch Drive
68 572 77 Goldfinch Drive
68 573 79 Goldfinch Drive
68 574 81 Goldfinch Drive
68 575 83 Goldfinch Drive
68 576 85 Goldfinch Drive
68 577 87 Goldfinch Drive
68 578 89 Goldfinch Drive
68 579 91 Goldfinch Drive
68 580 93 Goldfinch Drive
68 581 95 Goldfinch Drive
68 583 99 Goldfinch Drive
68 584 26 Bluebird Lane
68 585 24 Bluebird Lane
68 586 22 Bluebird Lane
68 587 20 Bluebird Lane
68 588 18 Bluebird Lane
68 589 16 Bluebird Lane
68 590 14 Bluebird Lane
68 591 12 Bluebird Lane
68 592 10 Bluebird Lane
68 593 8 Bluebird Lane
68 594 6 Bluebird Lane
68 595 4 Bluebird Lane
68 596 2 Bluebird Lane
68 597 2 Goldfinch Drive
68 598 4A Goldfinch Drive
68 598 (1) 4B Goldfinch Drive
Page 117
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68 599 6 Goldfinch Drive
68 600 8 Goldfinch Drive
68 601 10 Goldfinch Drive
68 602 12 Goldfinch Drive
68 603 14 Goldfinch Drive
68 604 16 Goldfinch Drive
68 605 18 Goldfinch Drive
68 606 20 Goldfinch Drive
68 607 22 Goldfinch Drive
68 608 24 Goldfinch Drive
68 609 26 Goldfinch Drive
68 610 28 Goldfinch Drive
68 611 30 Goldfinch Drive
68 612 32 Goldfinch Drive
68 613 34 Goldfinch Drive
68 614 36 Goldfinch Drive
68 615 38 Goldfinch Drive
68 616 40 Goldfinch Drive
68 617 42 Goldfinch Drive
68 618 44 Goldfinch Drive
68 619 46 Goldfinch Drive
68 620 48 Goldfinch Drive
68 621 50 Goldfinch Drive
68 622 2 Kittiwake Lane
68 623 4 Kittiwake Lane
68 624 6 Kittiwake Lane
68 625 8 Kittiwake Lane
68 626 10 Kittiwake Lane
68 627 12 Kittiwake Lane
68 628 14 Kittiwake Lane
68 629 16 Kittiwake Lane
68 630 18 Kittiwake Lane
68 631 20 Kittiwake Lane
68 632 22 Kittiwake Lane
68 633 24 Kittiwake Lane
68 634 0 Killdeer Lane
68 635 11 Bluebird Lane
68 636 9 Bluebird Lane
68 637 7 Bluebird Lane
Page 118
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68 638 5 Bluebird Lane
68 639 3 Bluebird Lane
68 640 1 Bluebird Lane
68 641 23 Kittiwake Lane
68 642 21 Kittiwake Lane
68 643 19 Kittiwake Lane
68 644 17 Kittiwake Lane
68 645 15 Kittiwake Lane
68 646 13 Kittiwake Lane
68 647 11 Kittiwake Lane
68 648 9 Kittiwake Lane
68 649 7 Kittiwake Lane
68 650 5 Kittiwake Lane
68 651 11 Killdeer Lane
68 652 9 Killdeer Lane
68 653 7 Killdeer Lane
68 654 5 Killdeer Lane
68 655 3 Killdeer Lane
68 656 1 Killdeer Lane
68 657 2 Killdeer Lane
68 658 4 Killdeer Lane
68 659 6 Killdeer Lane
68 660 8 Killdeer Lane
68 661 10 Killdeer Lane
68 662 12 Killdeer Lane
68 663 14 Killdeer Lane
68 664 16 Killdeer Lane
68 665 18 Killdeer Lane
68 666 20 Killdeer Lane
68 667 22 Killdeer Lane
68 668 24 Killdeer Lane
68 669 26 Killdeer Lane
68 670 (1) 28B Killdeer Lane
68 670 (2) 28A Killdeer Lane
68 671 30 Killdeer Lane
68 672 32 Killdeer Lane
68 673 3 Kittiwake Lane
68 674 1 Kittiwake Lane
68 675 52 Goldfinch Drive
Page 119
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68 676 54 Goldfinch Drive
68 677 56 Goldfinch Drive
68 678 58 Goldfinch Drive
68 679 60 Goldfinch Drive
68 680 62 Goldfinch Drive
68 681 64 Goldfinch Drive
68 682 66 Goldfinch Drive
68 683 68 Goldfinch Drive
68 684 70 Goldfinch Drive
68 685 72 Goldfinch Drive
68 686 74 Goldfinch Drive
68 687 76 Goldfinch Drive
68 688 78 Goldfinch Drive
68 689 80 Goldfinch Drive
68 690 82 Goldfinch Drive
68 691 84 Goldfinch Drive
68 692 86 Goldfinch Drive
68 693 88 Goldfinch Drive
68 694 90 Goldfinch Drive
68 695 92 Goldfinch Drive
68 696 94 Goldfinch Drive
68 697 96 Goldfinch Drive
68 698 98 Goldfinch Drive
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be be be be
amended amended amended amended by placing the following propertiby placing the following propertiby placing the following propertiby placing the following properties currently located in the Residential Commercial 2 es currently located in the Residential Commercial 2 es currently located in the Residential Commercial 2 es currently located in the Residential Commercial 2
(RC(RC(RC(RC----2) district in the Residential 5 (R2) district in the Residential 5 (R2) district in the Residential 5 (R2) district in the Residential 5 (R----5) district:5) district:5) district:5) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
68686868 501501501501 1111 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 502502502502 3333 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 503503503503 5555 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 504504504504 7777 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 505505505505 9999 Goldfinch DriGoldfinch DriGoldfinch DriGoldfinch Driveveveve
68686868 506506506506 11111111 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 507507507507 13131313 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 508508508508 15151515 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
Page 120
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68686868 509509509509 17171717 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 510510510510 19191919 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 511511511511 21212121 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 512512512512 23232323 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 513513513513 1111 Curlew CourtCurlew CourtCurlew CourtCurlew Court
68686868 514514514514 3333 Curlew CourtCurlew CourtCurlew CourtCurlew Court
68686868 515515515515 5555 Curlew CCurlew CCurlew CCurlew Courtourtourtourt
68686868 516516516516 7777 Curlew CourtCurlew CourtCurlew CourtCurlew Court
68686868 517517517517 9999 Curlew CourtCurlew CourtCurlew CourtCurlew Court
68686868 518518518518 11111111 Curlew CourtCurlew CourtCurlew CourtCurlew Court
68686868 519519519519 13131313 Curlew CourtCurlew CourtCurlew CourtCurlew Court
68686868 520520520520 14141414 Curlew CourtCurlew CourtCurlew CourtCurlew Court
68686868 521521521521 12121212 Curlew CourtCurlew CourtCurlew CourtCurlew Court
68686868 522522522522 10101010 Curlew CourtCurlew CourtCurlew CourtCurlew Court
68686868 523523523523 8888 Curlew CourtCurlew CourtCurlew CourtCurlew Court
68686868 524524524524 6666 Curlew CourtCurlew CourtCurlew CourtCurlew Court
68686868 525525525525 4444 Curlew CourtCurlew CourtCurlew CourtCurlew Court
68686868 526526526526 2222 CurlewCurlewCurlewCurlew Court Court Court Court
68686868 527527527527 25252525 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 528528528528 1111 Sparrow DriveSparrow DriveSparrow DriveSparrow Drive
68686868 529529529529 3333 Sparrow DriveSparrow DriveSparrow DriveSparrow Drive
68686868 530530530530 5555 Sparrow DriveSparrow DriveSparrow DriveSparrow Drive
68686868 531531531531 4444 Sparrow DriveSparrow DriveSparrow DriveSparrow Drive
68686868 532532532532 2222 Sparrow DriveSparrow DriveSparrow DriveSparrow Drive
68686868 533533533533 27272727 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 534534534534 29292929 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 535535535535 1111 Falcon CourtFalcon CourtFalcon CourtFalcon Court
68686868 536536536536 3333 Falcon CourtFalcon CourtFalcon CourtFalcon Court
66668888 537537537537 5555 Falcon CourtFalcon CourtFalcon CourtFalcon Court
68686868 538538538538 7777 Falcon CourtFalcon CourtFalcon CourtFalcon Court
68686868 539539539539 8888 Falcon CourtFalcon CourtFalcon CourtFalcon Court
68686868 540540540540 6666 Falcon CourtFalcon CourtFalcon CourtFalcon Court
68686868 541541541541 4444 Falcon CourtFalcon CourtFalcon CourtFalcon Court
68686868 542542542542 2222 Falcon CourtFalcon CourtFalcon CourtFalcon Court
68686868 543543543543 31313131 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 544544544544 33333333 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 545545545545 35353535 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 546546546546 37373737 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 547547547547 39393939 GGGGoldfinch Driveoldfinch Driveoldfinch Driveoldfinch Drive
Page 121
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68686868 548548548548 41414141 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 549549549549 43434343 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 550550550550 45454545 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 551551551551 47474747 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 552552552552 49494949 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 553553553553 51515151 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 554554554554 53535353 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 555555555555 55555555 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 556556556556 57575757 Goldfinch DrivGoldfinch DrivGoldfinch DrivGoldfinch Driveeee
68686868 557557557557 59595959 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 558558558558 61616161 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 559559559559 1111 Dovekie CourtDovekie CourtDovekie CourtDovekie Court
68686868 560560560560 3333 Dovekie CourtDovekie CourtDovekie CourtDovekie Court
68686868 561561561561 5555 Dovekie CourtDovekie CourtDovekie CourtDovekie Court
68686868 562562562562 6666 Dovekie CourtDovekie CourtDovekie CourtDovekie Court
68686868 563563563563 4444 Dovekie CourtDovekie CourtDovekie CourtDovekie Court
68686868 564564564564 2222 Dovekie CourtDovekie CourtDovekie CourtDovekie Court
68686868 565565565565 63636363 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 566566566566 65656565 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
66668888 567567567567 67676767 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 568568568568 69696969 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 569569569569 71717171 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 570570570570 73737373 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 571571571571 75757575 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 572572572572 77777777 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 573573573573 79797979 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 574574574574 81818181 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 575575575575 83838383 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 576576576576 85858585 GoldGoldGoldGoldfinch Drivefinch Drivefinch Drivefinch Drive
68686868 577577577577 87878787 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 578578578578 89898989 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 579579579579 91919191 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 580580580580 93939393 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 581581581581 95959595 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 583583583583 99999999 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 584584584584 26262626 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 585585585585 24242424 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 586586586586 22222222 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 587587587587 20202020 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
Page 122
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68686868 588588588588 18181818 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 589589589589 16161616 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 590590590590 14141414 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 591591591591 12121212 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 592592592592 10101010 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 593593593593 8888 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 594594594594 6666 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 595595595595 4444 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 596596596596 2222 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 597597597597 2222 GoldfinGoldfinGoldfinGoldfinch Drivech Drivech Drivech Drive
68686868 598598598598 4A4A4A4A Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 598 (1)598 (1)598 (1)598 (1) 4B4B4B4B Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 599599599599 6666 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 600600600600 8888 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 601601601601 10101010 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 602602602602 12121212 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 603603603603 14141414 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 604604604604 16161616 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 605605605605 18181818 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
66668888 606606606606 20202020 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 607607607607 22222222 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 608608608608 24242424 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 609609609609 26262626 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 610610610610 28282828 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 611611611611 30303030 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 612612612612 32323232 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 613613613613 34343434 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 614614614614 36363636 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 615615615615 38383838 GoldGoldGoldGoldfinch Drivefinch Drivefinch Drivefinch Drive
68686868 616616616616 40404040 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 617617617617 42424242 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 618618618618 44444444 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 619619619619 46464646 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 620620620620 48484848 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 621621621621 50505050 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 622622622622 2222 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 623623623623 4444 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 624624624624 6666 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 625625625625 8888 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
Page 123
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68686868 626626626626 10101010 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 627627627627 12121212 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 628628628628 14141414 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 629629629629 16161616 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 630630630630 18181818 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 631631631631 20202020 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 632632632632 22222222 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 633633633633 24242424 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 634634634634 0000 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 636363635555 11111111 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 636636636636 9999 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 637637637637 7777 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 638638638638 5555 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 639639639639 3333 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 640640640640 1111 Bluebird LaneBluebird LaneBluebird LaneBluebird Lane
68686868 641641641641 23232323 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 642642642642 21212121 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 643643643643 19191919 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 644644644644 17171717 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 645645645645 15151515 KiKiKiKittiwake Lanettiwake Lanettiwake Lanettiwake Lane
68686868 646646646646 13131313 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 647647647647 11111111 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 648648648648 9999 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 649649649649 7777 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 650650650650 5555 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 651651651651 11111111 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 652652652652 9999 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 653653653653 7777 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 654654654654 5555 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 655655655655 3333 Killdeer Killdeer Killdeer Killdeer LaneLaneLaneLane
68686868 656656656656 1111 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 657657657657 2222 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 658658658658 4444 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 659659659659 6666 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 660660660660 8888 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 661661661661 10101010 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 662662662662 12121212 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 663663663663 14141414 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 664664664664 16161616 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
Page 124
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68686868 665665665665 18181818 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 666666666666 20202020 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 667667667667 22222222 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 668668668668 24242424 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 669669669669 26262626 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 670 (1)670 (1)670 (1)670 (1) 28B28B28B28B Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 670 (2)670 (2)670 (2)670 (2) 28A28A28A28A Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 671671671671 30303030 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 672672672672 32323232 Killdeer LaneKilldeer LaneKilldeer LaneKilldeer Lane
68686868 673673673673 3333 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
68686868 674674674674 1111 Kittiwake LaneKittiwake LaneKittiwake LaneKittiwake Lane
66668888 675675675675 52525252 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 676676676676 54545454 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 677677677677 56565656 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 678678678678 58585858 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 679679679679 60606060 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 680680680680 62626262 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 681681681681 64646464 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 682682682682 66666666 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 683683683683 68686868 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 684684684684 70707070 GoldGoldGoldGoldfinch Drivefinch Drivefinch Drivefinch Drive
68686868 685685685685 72727272 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 686686686686 74747474 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 687687687687 76767676 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 688688688688 78787878 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 689689689689 80808080 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 690690690690 82828282 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 691691691691 84848484 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 692692692692 86868686 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 693693693693 88888888 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 694694694694 90909090 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 695695695695 92929292 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 696696696696 94949494 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 697697697697 96969696 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
68686868 698698698698 98989898 Goldfinch DriveGoldfinch DriveGoldfinch DriveGoldfinch Drive
All as shown on a map entitled “2009 Town Meeting Warrant Article 35” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 35” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 35” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 35” dated December 2008
and filed herewith at the Offiand filed herewith at the Offiand filed herewith at the Offiand filed herewith at the Office of the Town Clerk.ce of the Town Clerk.ce of the Town Clerk.ce of the Town Clerk.
Page 125
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 36ARTICLE 36ARTICLE 36ARTICLE 36
(Zoning Map Change: Witherspoon Drive)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Residential 5 (R-5) district:
Map Lot Number Street
68 484 1 Witherspoon Drive
68 483 2 Witherspoon Drive
68 482 3 Witherspoon Drive
68 470.1 4A Witherspoon Drive
68 470.2 4B Witherspoon Drive
68 481 5 Witherspoon Drive
68 471.1 6A Witherspoon Drive
68 471.2 6B Witherspoon Drive
68 480 7 Witherspoon Drive
68 472.1 8A #1 Witherspoon Drive
68 427.2 8B #2 Witherspoon Drive
68 479 9 Witherspoon Drive
68 473 10 Witherspoon Drive
68 478 11 Witherspoon Drive
68 478.1 11A #1 Witherspoon Drive
68 478.2 11B #2 Witherspoon Drive
68 474 12 Witherspoon Drive
68 477.1 13A Witherspoon Drive
68 477.2 13B Witherspoon Drive
68 475 14 Witherspoon Drive
68 476 15 Witherspoon Drive
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be be be be
amended amended amended amended by placing the following properties currently located in the Rby placing the following properties currently located in the Rby placing the following properties currently located in the Rby placing the following properties currently located in the Residential Commercial 2 esidential Commercial 2 esidential Commercial 2 esidential Commercial 2
(RC(RC(RC(RC----2) district in the Residential 5 (R2) district in the Residential 5 (R2) district in the Residential 5 (R2) district in the Residential 5 (R----5) district:5) district:5) district:5) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
68686868 484484484484 1111 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
Page 126
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68686868 483483483483 2222 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 482482482482 3333 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 470.1470.1470.1470.1 4A4A4A4A Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 470.2470.2470.2470.2 4B4B4B4B Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 481481481481 5555 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 471.1471.1471.1471.1 6A6A6A6A Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 471.2471.2471.2471.2 6B6B6B6B Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 480480480480 7777 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 472.1472.1472.1472.1 8A #18A #18A #18A #1 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 427.2427.2427.2427.2 8B #28B #28B #28B #2 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 479479479479 9999 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 473473473473 10101010 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 478478478478 11111111 Witherspoon Witherspoon Witherspoon Witherspoon DriveDriveDriveDrive
68686868 478.1478.1478.1478.1 11A #111A #111A #111A #1 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 478.2478.2478.2478.2 11B #211B #211B #211B #2 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 474474474474 12121212 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 477.1477.1477.1477.1 13A13A13A13A Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 477.2477.2477.2477.2 13B13B13B13B Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 475475475475 14141414 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
68686868 476476476476 15151515 Witherspoon DriveWitherspoon DriveWitherspoon DriveWitherspoon Drive
All as shown on a map entitAll as shown on a map entitAll as shown on a map entitAll as shown on a map entitled “2009 Town Meeting Warrant Article 36” dated December 2008 led “2009 Town Meeting Warrant Article 36” dated December 2008 led “2009 Town Meeting Warrant Article 36” dated December 2008 led “2009 Town Meeting Warrant Article 36” dated December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 37ARTICLE 37ARTICLE 37ARTICLE 37
(Zoning Map Change: Old South Road, Mary Ann Drive,
Pine Tree Road, and Macys Lane)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Commercial Neighborhood (CN) or the Commercial Trade, Entrepreneurship, and
Craft (CTEC) district:
Map Lot Number Street
68 110 116 Old South Road
68 213 112 Old South Road
68 212 110 Old South Road
68 491 108 Old South Road
Page 127
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68 211 108 Old South Road
68 438 106 Old South Road
68 437 104 Old South Road
68 436 102 Old South Road
68 956 2 Pine Tree Road
68 492 1 Mary Ann Drive
68 493 1 Mary Ann Drive
68 467 2 Mary Ann Drive
68 214 (portion of) 3 Mary Ann Drive
68 439.1 4A Mary Ann Drive
68 439.2 4B Mary Ann Drive
68 440 6 Mary Ann Drive
68 441 8 Mary Ann Drive
68 442.1 10A Mary Ann Drive
68 442.2 10B Mary Ann Drive
68 443 12 Mary Ann Drive
68 109 2 Macys Lane
68 40 7 Macys Lane
68 334 9 Macys Lane
68 39 11 Macys Lane
68 38 15 Macys Lane
68 333 13 Macys Lane
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be be be be
amended by taking the following actions:amended by taking the following actions:amended by taking the following actions:amended by taking the following actions:
a.a.a.a. PPPPlacing the following properties currelacing the following properties currelacing the following properties currelacing the following properties currentlyntlyntlyntly located in the Residential located in the Residential located in the Residential located in the Residential Commercial 2 Commercial 2 Commercial 2 Commercial 2
(RC(RC(RC(RC----2) district in the Commercial Neighborhood (CN)2) district in the Commercial Neighborhood (CN)2) district in the Commercial Neighborhood (CN)2) district in the Commercial Neighborhood (CN) district: district: district: district:
MapMapMapMap Lot Lot Lot Lot NumberNumberNumberNumber StreetStreetStreetStreet
68686868 110110110110 116116116116 Old South RoadOld South RoadOld South RoadOld South Road
68686868 213213213213 112112112112 Old South RoadOld South RoadOld South RoadOld South Road
68686868 212212212212 110110110110 Old South RoadOld South RoadOld South RoadOld South Road
68686868 491491491491 108108108108 Old South RoadOld South RoadOld South RoadOld South Road
68686868 211211211211 108108108108 Old SoutOld SoutOld SoutOld South Roadh Roadh Roadh Road
68686868 438438438438 106106106106 Old South RoadOld South RoadOld South RoadOld South Road
68686868 437437437437 104104104104 Old South RoadOld South RoadOld South RoadOld South Road
68686868 436436436436 102102102102 Old South RoadOld South RoadOld South RoadOld South Road
Page 128
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
68686868 956956956956 2222 Pine Tree RoadPine Tree RoadPine Tree RoadPine Tree Road
68686868 492492492492 1111 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 467467467467 2222 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 109109109109 2222 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 40404040 7777 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 334334334334 9999 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 39393939 11111111 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 38383838 15151515 Macys LaneMacys LaneMacys LaneMacys Lane
68686868 333333333333 13131313 Macys LaneMacys LaneMacys LaneMacys Lane
b.b.b.b. Placing the following properties currently located in the Residential Commercial 2 Placing the following properties currently located in the Residential Commercial 2 Placing the following properties currently located in the Residential Commercial 2 Placing the following properties currently located in the Residential Commercial 2
(RC(RC(RC(RC----2) district in the 2) district in the 2) district in the 2) district in the Commercial Trade, Entrepreneurship, and Craft (CTEC) Commercial Trade, Entrepreneurship, and Craft (CTEC) Commercial Trade, Entrepreneurship, and Craft (CTEC) Commercial Trade, Entrepreneurship, and Craft (CTEC)
district:district:district:district:
MapMapMapMap Lot Lot Lot Lot NumberNumberNumberNumber StreetStreetStreetStreet
68686868 214 (portion of)214 (portion of)214 (portion of)214 (portion of) 3333 Mary Mary Mary Mary Ann DriveAnn DriveAnn DriveAnn Drive
68686868 493493493493 1111 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 439.1439.1439.1439.1 4A4A4A4A Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 439.2439.2439.2439.2 4B4B4B4B Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 440440440440 6666 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 441441441441 8888 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 442.1442.1442.1442.1 10A10A10A10A Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 442.2442.2442.2442.2 10B 10B 10B 10B Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
68686868 443443443443 12121212 Mary Ann DriveMary Ann DriveMary Ann DriveMary Ann Drive
All as shown on a map entitlAll as shown on a map entitlAll as shown on a map entitlAll as shown on a map entitled “2009 Town Meeting Warrant Article 37” dated December 2008 ed “2009 Town Meeting Warrant Article 37” dated December 2008 ed “2009 Town Meeting Warrant Article 37” dated December 2008 ed “2009 Town Meeting Warrant Article 37” dated December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 38ARTICLE 38ARTICLE 38ARTICLE 38
(Zoning Map Change: Cod Fish Park Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential 1 (R-1) district in the
Limited Use General 3 (LUG-3) district:
Map Lot Number Street
73.2.4 Portion of 51 5 Cod Fish Park Road
73.1.3 6 Cod Fish Park Road
73.1.3 8 Cod Fish Park Road
Page 129
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
73.1.3 9 Cod Fish Park Road
73.1.3 10 2 North Gully Road
73.1.3 11 31 Cod Fish Park Road
73.1.3 12 1 Jackson Street
73.1.3 14 5 Jackson Street
73.1.3 15 25 Cod Fish Park Road
73.1.3 18 1 Fawcett Way
73.1.3 19 Cod Fish Park Road
73.1.3 20 Cod Fish Park Road
73.1.3 21 21 Cod Fish Park Road
73.1.3 22 Cod Fish Park Road
73.2.4 12 Cod Fish Park Road
73.2.4 Portion of 13 Gully Road
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be be be be
amended amended amended amended by placing the following properties currently located in the Residential 1 (Rby placing the following properties currently located in the Residential 1 (Rby placing the following properties currently located in the Residential 1 (Rby placing the following properties currently located in the Residential 1 (R----1) district 1) district 1) district 1) district
in the Limited Use in the Limited Use in the Limited Use in the Limited Use General 3 (LUGGeneral 3 (LUGGeneral 3 (LUGGeneral 3 (LUG----3) district:3) district:3) district:3) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
73.2.473.2.473.2.473.2.4 Portion of 51Portion of 51Portion of 51Portion of 51 5555 Cod Fish Park RoadCod Fish Park RoadCod Fish Park RoadCod Fish Park Road
73.1.373.1.373.1.373.1.3 6666 Cod Fish Park RoadCod Fish Park RoadCod Fish Park RoadCod Fish Park Road
73.1.373.1.373.1.373.1.3 8888 Cod Fish Park RoadCod Fish Park RoadCod Fish Park RoadCod Fish Park Road
73.1.373.1.373.1.373.1.3 9999 Cod Fish Park RoadCod Fish Park RoadCod Fish Park RoadCod Fish Park Road
73.1.373.1.373.1.373.1.3 10101010 2222 North Gully RoadNorth Gully RoadNorth Gully RoadNorth Gully Road
73.1.373.1.373.1.373.1.3 11111111 31313131 Cod Fish Park RoadCod Fish Park RoadCod Fish Park RoadCod Fish Park Road
73.1.373.1.373.1.373.1.3 11112222 1111 Jackson StreetJackson StreetJackson StreetJackson Street
73.1.373.1.373.1.373.1.3 14141414 5555 Jackson StreetJackson StreetJackson StreetJackson Street
73.1.373.1.373.1.373.1.3 15151515 25252525 Cod Fish Park RoadCod Fish Park RoadCod Fish Park RoadCod Fish Park Road
73.1.373.1.373.1.373.1.3 18181818 1111 Fawcett WayFawcett WayFawcett WayFawcett Way
73.1.373.1.373.1.373.1.3 19191919 Cod Fish Park RoadCod Fish Park RoadCod Fish Park RoadCod Fish Park Road
73.1.373.1.373.1.373.1.3 20202020 Cod Fish Park RoadCod Fish Park RoadCod Fish Park RoadCod Fish Park Road
73.1.373.1.373.1.373.1.3 21212121 21212121 Cod Fish Park RoadCod Fish Park RoadCod Fish Park RoadCod Fish Park Road
73.1.373.1.373.1.373.1.3 22222222 Cod Fish Park RoadCod Fish Park RoadCod Fish Park RoadCod Fish Park Road
73.2.473.2.473.2.473.2.4 12121212 Cod Fish ParkCod Fish ParkCod Fish ParkCod Fish Park Road Road Road Road
73.2.473.2.473.2.473.2.4 Portion of 13Portion of 13Portion of 13Portion of 13 Gully RoadGully RoadGully RoadGully Road
All as shown on a map entitled “All as shown on a map entitled “All as shown on a map entitled “All as shown on a map entitled “2009 Town Meeting 2009 Town Meeting 2009 Town Meeting 2009 Town Meeting Warrant ArticleWarrant ArticleWarrant ArticleWarrant Article 38 38 38 38” dated ” dated ” dated ” dated December 2008 December 2008 December 2008 December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
Page 130
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the PlanniPlanniPlanniPlanning Boardng Boardng Boardng Board
Motion.Motion.Motion.Motion.
ARTICLE 39ARTICLE 39ARTICLE 39ARTICLE 39
(Zoning Map Change: Broadway, Shell Street and King Street)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
taking the following actions:
1. Placing the following properties currently located in the Sconset Residential 1 (SR-1) district
in the Sconset Residential Old Historic (SROH) district:
Map Lot Number Street
73.1.3 Portion of 46 29 Broadway
73.1.3 Portion of 5.7 27 Shell Street
73.1.3 Portion of 5.3 31 Shell Street
73.1.3 Portion of 44.1 32 Shell Street
73.1.3 Portion of 5.4 33 Shell Street
73.1.3 Portion of 44.2 38 Shell Street
73.1.3 Portion of 41 7 King Street
73.1.3 Portion of 40 8 King Street
2. Placing the following properties currently located in the Sconset Residential Old Historic
(SROH) district in the Sconset Residential 1 (SR-1) district:
Map Lot Number Street
73.1.4 Portion of 18 4 Coffin Sias Street
73.1.3 Portion of 5.6 35 Shell Street
73.1.3 Portion of 5.5 37 Shell Street
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be be be be
amended amended amended amended by taking the following actions:by taking the following actions:by taking the following actions:by taking the following actions:
1. 1. 1. 1. PPPPlacing the following properties currently located in the Sconset Residential 1 (lacing the following properties currently located in the Sconset Residential 1 (lacing the following properties currently located in the Sconset Residential 1 (lacing the following properties currently located in the Sconset Residential 1 (SRSRSRSR----1) district 1) district 1) district 1) district
in the Sconset Residential Old Historic (SROH) district:in the Sconset Residential Old Historic (SROH) district:in the Sconset Residential Old Historic (SROH) district:in the Sconset Residential Old Historic (SROH) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
73.1.373.1.373.1.373.1.3 Portion of 46Portion of 46Portion of 46Portion of 46 29292929 BroadwayBroadwayBroadwayBroadway
73.1.373.1.373.1.373.1.3 Portion of 5.7Portion of 5.7Portion of 5.7Portion of 5.7 27272727 Shell StreetShell StreetShell StreetShell Street
73.1.373.1.373.1.373.1.3 Portion of 5.3Portion of 5.3Portion of 5.3Portion of 5.3 31313131 Shell StreetShell StreetShell StreetShell Street
Page 131
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
73.1.373.1.373.1.373.1.3 Portion of 44.1Portion of 44.1Portion of 44.1Portion of 44.1 32323232 Shell StreetShell StreetShell StreetShell Street
73.1.373.1.373.1.373.1.3 PPPPortion of 5.4ortion of 5.4ortion of 5.4ortion of 5.4 33333333 Shell StreetShell StreetShell StreetShell Street
73.1.373.1.373.1.373.1.3 Portion of 44.2Portion of 44.2Portion of 44.2Portion of 44.2 38383838 Shell StreetShell StreetShell StreetShell Street
73.1.373.1.373.1.373.1.3 Portion of 41Portion of 41Portion of 41Portion of 41 7777 King StreetKing StreetKing StreetKing Street
73.1.373.1.373.1.373.1.3 Portion of 40Portion of 40Portion of 40Portion of 40 8888 King StreetKing StreetKing StreetKing Street
2. 2. 2. 2. PPPPlacing the following properties currently located in the Sconset Residential Old Historic lacing the following properties currently located in the Sconset Residential Old Historic lacing the following properties currently located in the Sconset Residential Old Historic lacing the following properties currently located in the Sconset Residential Old Historic
(SROH) district in(SROH) district in(SROH) district in(SROH) district in the Sconset Residential 1 (SR the Sconset Residential 1 (SR the Sconset Residential 1 (SR the Sconset Residential 1 (SR----1) district:1) district:1) district:1) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
73.1.473.1.473.1.473.1.4 Portion of 18Portion of 18Portion of 18Portion of 18 4444 Coffin Sias StreetCoffin Sias StreetCoffin Sias StreetCoffin Sias Street
73.1.373.1.373.1.373.1.3 Portion of 5.6Portion of 5.6Portion of 5.6Portion of 5.6 35353535 Shell StreetShell StreetShell StreetShell Street
73.1.373.1.373.1.373.1.3 Portion of 5.5Portion of 5.5Portion of 5.5Portion of 5.5 37373737 Shell StreetShell StreetShell StreetShell Street
All as shown on a map entitled “2009 Town Meeting Warrant ArticleAll as shown on a map entitled “2009 Town Meeting Warrant ArticleAll as shown on a map entitled “2009 Town Meeting Warrant ArticleAll as shown on a map entitled “2009 Town Meeting Warrant Article 39” dated December 2008 39” dated December 2008 39” dated December 2008 39” dated December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 40ARTICLE 40ARTICLE 40ARTICLE 40
(Zoning Map Change: Windsor Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
taking the following actions:
1. Placing the following properties currently located in the Sconset Residential 2 (SR-20)
district in the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
49 Portion of 181 6 Windsor Road
49 Portion of 192 8 Windsor Road
2. Placing the following properties currently located in the Land Use General 3 (LUG-3) district
in the Sconset Residential 2 (SR-20) district:
Map Lot Number Street
49 Portion of 197 5 Windsor Road
49 Portion of 193 4 Windsor Road
Or, to take any other action related thereto.
Page 132
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be be be be
amended amended amended amended by taking the following actions:by taking the following actions:by taking the following actions:by taking the following actions:
1. Placin1. Placin1. Placin1. Placing the following properties currently located in the Sconset Residential 2 (SRg the following properties currently located in the Sconset Residential 2 (SRg the following properties currently located in the Sconset Residential 2 (SRg the following properties currently located in the Sconset Residential 2 (SR----20) 20) 20) 20)
district in the Limited Use General 3 (LUGdistrict in the Limited Use General 3 (LUGdistrict in the Limited Use General 3 (LUGdistrict in the Limited Use General 3 (LUG----3) district: 3) district: 3) district: 3) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
49494949 Portion of 181Portion of 181Portion of 181Portion of 181 6666 Windsor RoadWindsor RoadWindsor RoadWindsor Road
49494949 Portion of 192Portion of 192Portion of 192Portion of 192 8888 Windsor RoadWindsor RoadWindsor RoadWindsor Road
2. Placing the followin2. Placing the followin2. Placing the followin2. Placing the following properties currently located in the Land Use General 3 (LUGg properties currently located in the Land Use General 3 (LUGg properties currently located in the Land Use General 3 (LUGg properties currently located in the Land Use General 3 (LUG----3) district 3) district 3) district 3) district
in the Sconset Residential 2 (SRin the Sconset Residential 2 (SRin the Sconset Residential 2 (SRin the Sconset Residential 2 (SR----20) district:20) district:20) district:20) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
49494949 Portion of 197Portion of 197Portion of 197Portion of 197 5555 Windsor RoadWindsor RoadWindsor RoadWindsor Road
49494949 Portion of 193Portion of 193Portion of 193Portion of 193 4444 Windsor RoadWindsor RoadWindsor RoadWindsor Road
All as shown on a map entitled “2009 TownAll as shown on a map entitled “2009 TownAll as shown on a map entitled “2009 TownAll as shown on a map entitled “2009 Town Meeting Warrant Article 40” dated December 2008 Meeting Warrant Article 40” dated December 2008 Meeting Warrant Article 40” dated December 2008 Meeting Warrant Article 40” dated December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 41ARTICLE 41ARTICLE 41ARTICLE 41
(Zoning Map Change: Amelia Drive)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Commercial Neighborhood (CN) district:
Map Lot Number Street
68 245 1 Amelia Drive
68 258 2 Amelia Drive
67 436 3 Amelia Drive
67 435 5 Amelia Drive
67 446 6 Amelia Drive
67 434 7 Amelia Drive
67 445 8 Amelia Drive
67 433 9 Amelia Drive
67 444 10 Amelia Drive
67 432 11 Amelia Drive
Page 133
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
67 443 12 Amelia Drive
67 431.1 13 Amelia Drive
67 431.2 13 Amelia Drive
67 431.3 13 Amelia Drive
67 442.1 14 Amelia Drive
67 442.2 14 Amelia Drive
67 442.3 14 Amelia Drive
67 430 15 Amelia Drive
67 441.1 16 Amelia Drive
67 441.2 16 Amelia Drive
67 441.3 16 Amelia Drive
67 441.4 16 Amelia Drive
67 441.5 16 Amelia Drive
67 429 17 Amelia Drive
67 440 18 Amelia Drive
67 428 19 Amelia Drive
67 439 20 Amelia Drive
67 427 21 Amelia Drive
67 438 22 Amelia Drive
67 426 23 Amelia Drive
67 437 24 Amelia Drive
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be be be be
amended amended amended amended by placing the following properties currently located in the Residential Commercial 2 by placing the following properties currently located in the Residential Commercial 2 by placing the following properties currently located in the Residential Commercial 2 by placing the following properties currently located in the Residential Commercial 2
(RC(RC(RC(RC----2) district in the Commerc2) district in the Commerc2) district in the Commerc2) district in the Commercial Neighborhood (CN) district:ial Neighborhood (CN) district:ial Neighborhood (CN) district:ial Neighborhood (CN) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
68686868 245245245245 1111 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
68686868 258258258258 2222 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 436436436436 3333 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 435435435435 5555 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 446446446446 6666 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 434434434434 7777 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 445445445445 8888 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 433433433433 9999 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 444444444444 10101010 AmeliaAmeliaAmeliaAmelia Drive Drive Drive Drive
67676767 432432432432 11111111 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
Page 134
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
67676767 443443443443 12121212 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 431.1431.1431.1431.1 13131313 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 431.2431.2431.2431.2 13131313 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 431.3431.3431.3431.3 13131313 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 442.1442.1442.1442.1 14141414 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 442.2442.2442.2442.2 14141414 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 442.3442.3442.3442.3 14141414 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 430430430430 15151515 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 441.1441.1441.1441.1 16161616 Amelia DAmelia DAmelia DAmelia Driveriveriverive
67676767 441.2441.2441.2441.2 16161616 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 441.3441.3441.3441.3 16161616 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 441.4441.4441.4441.4 16161616 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 441.5441.5441.5441.5 16161616 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 429429429429 17171717 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 440440440440 18181818 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 428428428428 19191919 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 439439439439 20202020 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 427427427427 21212121 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 438438438438 22222222 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 426426426426 23232323 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
67676767 437437437437 24242424 Amelia DriveAmelia DriveAmelia DriveAmelia Drive
All as shown on a map entitled “2009 Town Meeting Warrant Article 41” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 41” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 41” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 41” dated December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the PPPPlanning Boardlanning Boardlanning Boardlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 42ARTICLE 42ARTICLE 42ARTICLE 42
(Zoning Map Change: Monomoy Road, Polpis Road, and Chatham Road )
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
taking the following actions:
1. Placing the following properties currently located in the Limited Use General 1 (LUG-1) in
the Village Residential (VR) district:
Map Lot Number Street
55 68 1 Monomoy Road
54 47 8 Milestone Road
54 48 1 Chatham Road
Page 135
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
54 124 10 Polpis Road
54 125 8 Polpis Road
54 187 4 Polpis Road
54 128 2 Polpis Road
54 130.1 16B Milestone Road
54 130.2 16C Milestone Road
54 130.3 16D Milestone Road
54 130.4 16E Milestone Road
54 130.5 16F Milestone Road
54 130.6 16G Milestone Road
54 130.7 16H Milestone Road
54 130.8 16A Milestone Road
54 132 5 Chatham Road
54 134 3 Chatham Road
54 135 3 Chatham Road
54 180 18 Polpis Road
54 181 16 Polpis Road
54 183 12 Polpis Road
54 186 11 Chatham Road
54 189 2 Polpis Road
2. Placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Village Neighborhood (VN) district or Village Residential (VR) district:
54 121 1 Polpis Road/Milestone Road
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTPLANNING BOARD MOTPLANNING BOARD MOTPLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket ION: Moved that the Zoning Map of the Town of Nantucket ION: Moved that the Zoning Map of the Town of Nantucket ION: Moved that the Zoning Map of the Town of Nantucket be be be be
amended as by placing the amended as by placing the amended as by placing the amended as by placing the following properties currently located in the Limited Use General 1 following properties currently located in the Limited Use General 1 following properties currently located in the Limited Use General 1 following properties currently located in the Limited Use General 1
(LUG(LUG(LUG(LUG----1) in the Village Residential (VR) district:1) in the Village Residential (VR) district:1) in the Village Residential (VR) district:1) in the Village Residential (VR) district:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
55555555 68686868 1111 Monomoy RoadMonomoy RoadMonomoy RoadMonomoy Road
54545454 47474747 8888 Milestone RoadMilestone RoadMilestone RoadMilestone Road
54545454 48484848 1111 Chatham RoadChatham RoadChatham RoadChatham Road
54545454 124 124 124 124 10101010 Polpis RoadPolpis RoadPolpis RoadPolpis Road
54545454 125 125 125 125 8888 Polpis RoadPolpis RoadPolpis RoadPolpis Road
54545454 187187187187 4444 Polpis RoadPolpis RoadPolpis RoadPolpis Road
Page 136
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
54545454 128128128128 2222 Polpis RoadPolpis RoadPolpis RoadPolpis Road
54545454 130.1130.1130.1130.1 16B16B16B16B Milestone RoadMilestone RoadMilestone RoadMilestone Road
54545454 130.2130.2130.2130.2 16C16C16C16C Milestone RoadMilestone RoadMilestone RoadMilestone Road
54545454 130.3130.3130.3130.3 16D16D16D16D Milestone RoadMilestone RoadMilestone RoadMilestone Road
54545454 130.4130.4130.4130.4 16E16E16E16E Milestone RoadMilestone RoadMilestone RoadMilestone Road
54545454 130.5130.5130.5130.5 16F16F16F16F Milestone RoadMilestone RoadMilestone RoadMilestone Road
54545454 130.6130.6130.6130.6 16G16G16G16G Milestone RoadMilestone RoadMilestone RoadMilestone Road
54545454 130.7130.7130.7130.7 16H16H16H16H Milestone RoadMilestone RoadMilestone RoadMilestone Road
54545454 130.8130.8130.8130.8 16A16A16A16A Milestone RoadMilestone RoadMilestone RoadMilestone Road
54545454 132132132132 5555 Chatham RoadChatham RoadChatham RoadChatham Road
54545454 134134134134 3333 Chatham RoadChatham RoadChatham RoadChatham Road
54545454 135135135135 3333 Chatham RoadChatham RoadChatham RoadChatham Road
54545454 180180180180 18181818 Polpis RoadPolpis RoadPolpis RoadPolpis Road
54545454 181181181181 16161616 Polpis RoadPolpis RoadPolpis RoadPolpis Road
54545454 183183183183 12121212 Polpis RoadPolpis RoadPolpis RoadPolpis Road
54545454 186186186186 11111111 CCCChatham Roadhatham Roadhatham Roadhatham Road
54545454 189189189189 2222 Polpis RoadPolpis RoadPolpis RoadPolpis Road
54545454 136136136136 5555 Monomoy RoadMonomoy RoadMonomoy RoadMonomoy Road
All as shown on a map entitled “2009 Town Meeting Warrant Article 42” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 42” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 42” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 42” dated December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
PLANNING BOARD COMMENT: The proposed rezoning from RCPLANNING BOARD COMMENT: The proposed rezoning from RCPLANNING BOARD COMMENT: The proposed rezoning from RCPLANNING BOARD COMMENT: The proposed rezoning from RC----2 to VN or VR of the single 2 to VN or VR of the single 2 to VN or VR of the single 2 to VN or VR of the single
property at the corner of Milestone Road and Polpis Road should be postponed until further property at the corner of Milestone Road and Polpis Road should be postponed until further property at the corner of Milestone Road and Polpis Road should be postponed until further property at the corner of Milestone Road and Polpis Road should be postponed until further
review of the potential impacts can be assessed.review of the potential impacts can be assessed.review of the potential impacts can be assessed.review of the potential impacts can be assessed.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 43ARTICLE 43ARTICLE 43ARTICLE 43
(Zoning Bylaw Amendment: Moorlands Management District)
To see if the Town of Nantucket will vote to amend the zoning classification of the real
estate situated at and known and numbered as 7 West Miacomet Road, Nantucket,
Massaachusetts (Lot A4, Land Court Plan No. 17368-A) from Moorlands Management District
(MMD) to Limited Use General – 3 (LUG-3).
[HISTORY – ZONING CLASSIFICATION] The property/locus subject to this Citizen’s Article is
a pre-existing nonconforming “lot of record” and contains approximately 169,594 +/- square
feet of land. The property was originally located in the Limited Use General – 2 (LUG-2) Zoning
District which required a minimum lot area of 80,000 square feet. At the1984 Annual Meeting
of the Town of Nantucket, the subject property was re-zoned to the Moorlands Management
District (MMD) which requires a minimum lot area of ten (10) acres. The property is located on
Page 137
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
the outermost northern part of the MMD Zoning District surrounded by land owned by the
Nantucket Land Bank in close proximity to the Miacomet Golf Club.
At the 2008 Annual Meeting of the Town of Nantucket, an Article was approved and passed
whereby the Miacomet Golf Course, immediately to the north of this property, was rezoned
from Residential Commercial - 2 (RC-2) to Limited Use General -3 (LUG-3) Zoning District. The
subject property was not included in the LUG-3 Zoning District re-classification and is burdened
with a MMD Zoning District classification which has caused a substantial hardship to the owner
of the property.
(Charles Fisher, et al)
PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket Moved that the Zoning Map of the Town of Nantucket Moved that the Zoning Map of the Town of Nantucket Moved that the Zoning Map of the Town of Nantucket be be be be
amended amended amended amended by placing the following properties currently located in the by placing the following properties currently located in the by placing the following properties currently located in the by placing the following properties currently located in the Moorlands Management Moorlands Management Moorlands Management Moorlands Management
District (MMD)District (MMD)District (MMD)District (MMD) in the in the in the in the Limited Use GeLimited Use GeLimited Use GeLimited Use General 3 (LUGneral 3 (LUGneral 3 (LUGneral 3 (LUG----3)3)3)3) district: district: district: district:
MapMapMapMap Lot Lot Lot Lot NumberNumberNumberNumber StreetStreetStreetStreet
81818181 62626262 7777 W Miacomet AvenueW Miacomet AvenueW Miacomet AvenueW Miacomet Avenue
All as shown on a map entitled “2009 Town Meeting Warrant Article 43” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 43” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 43” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 43” dated December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The B B B Board of Selectmen supports the oard of Selectmen supports the oard of Selectmen supports the oard of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 44ARTICLE 44ARTICLE 44ARTICLE 44
(Zoning Bylaw Amendment: Sconset Residential)
To see if the Town of Nantucket will vote to amend the zoning classification of the real
estate situated at and known and numbered as 80 Sankaty Road, Nantucket, Massaachusetts
(Lots 4 and A, Plan Book 5, Page 14), from Limited Use General – 3 (LUG-3) Zoning District to
Residential – 2 (R-2) Zoning District, since renamed Siasconset Residential – 20 (SR-20).
[HISTORY – ZONING CLASSIFICATION] The property/locus subject to this Citizen’s
Article is a pre-existing nonconforming “lot of record” and contains 14,430 +/-
square feet of land area. The property was originally located in the Residential -1 (R-1) Zoning
District which requires a minimum lot area of 5,000 square feet. At the1984 Annual Meeting of
the Town of Nantucket, much of the Siasconset area of Nantucket Island, in the vicinity of the
subject property, was rezoned to Residential-2 (R-2) and Limited Use General-3 (LUG-3)
Zoning Districts.
The property, similar to other residential “lots of record” in the surrounding area, was thought to
be included in the re-zoned R-2 Zoning District and such property treated accordingly in
subsequent applications for building permits, survey plans and Zoning Board of Appeals
Decisions.
Prior to the 1984 re-zone, an application for Building Permit No. 2080-81, dated October
28, 1981 (dwelling), was issued based upon an application and supporting materials which
Page 138
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
correctly referenced the property as located in the R-1 Zoning District. After the 1984 re-zone
an: (i) application for Building Permit No. 3946-85, dated February 15, 1985 (addition to
dwelling) was issued based on an application and supporting materials which referenced the
property as located in the R-2 Zoning District; and an (ii) application for Building Permit No.
677-04, dated May 11, 2004 (garden shed), was issued based upon an application, a survey
plan and supporting materials which referenced the property as located in the R-2 Zoning
District. Additionally, after the 1984 re-zone, the Zoning Board of Appeals issued Decisions in
File No. 037-85 and File No. 105-86, and published Notices for public hearing on the separate
applications submitted in the aforesaid Zoning Board of Appeals cases, which referenced the
property as located in the R-2 Zoning District. The aforesaid building permits and decisions
approving zoning relief affecting the property relied upon an R-2 zoning classification.
Notwithstanding, the Town of Nantucket maps (1978 Schofield Brothers, Inc.; 1986
Barrett & Nicholson; 2004 GIS Map) evidence the property as having been re-zoned in 1984
from the R-1 Zoning District to the LUG-3 Zoning District. The property is one of only a few
residential properties in the Siasconset area that is not included in the re-zoned R-2 Zoning
District. The maps show that the abutting residential properties received the intensity benefits
of the re-zoned R-2 Zoning District, since renamed the Siasconset Residential - 20 (SR-20),
classification whereas the subject property was burdened with a LUG-3 Zoning District
classification resulting in a disparity in zoning classification treatment and a substantial
hardship to the owner of the property.
(A Town of Nantucket Web GIS map with highlights showing zoning classification of the
property and abutting residential properties and Sankaty Head Gold Course is attached.)
(Jessica Ryder, et al)
PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket Moved that the Zoning Map of the Town of Nantucket Moved that the Zoning Map of the Town of Nantucket Moved that the Zoning Map of the Town of Nantucket be be be be
amended amended amended amended by placing theby placing theby placing theby placing the following properties currently located in the following properties currently located in the following properties currently located in the following properties currently located in the Limited Use General 3 Limited Use General 3 Limited Use General 3 Limited Use General 3
(LUG(LUG(LUG(LUG----3)3)3)3) district district district district in the Sconset Residential 2 (SR in the Sconset Residential 2 (SR in the Sconset Residential 2 (SR in the Sconset Residential 2 (SR----2) district2) district2) district2) district::::
MapMapMapMap Lot Lot Lot Lot NumberNumberNumberNumber StreetStreetStreetStreet
49494949 114114114114 80808080 Sankaty RoadSankaty RoadSankaty RoadSankaty Road
All as shown on a map entitled “2009 Town Meeting Warrant Article 44” dateAll as shown on a map entitled “2009 Town Meeting Warrant Article 44” dateAll as shown on a map entitled “2009 Town Meeting Warrant Article 44” dateAll as shown on a map entitled “2009 Town Meeting Warrant Article 44” dated December 2008 d December 2008 d December 2008 d December 2008
and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.and filed herewith at the Office of the Town Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
Page 139
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 45ARTICLE 45ARTICLE 45ARTICLE 45
(Zoning Bylaw Amendment: Multi-Family Overlay District)
To see if the Town will vote to amend the map entitled “Multi-Family Overlay District”
dated May 2008 by deleting the following property:
Map Lot Number Street
68 78 23 Old South Road
(John Stackpole, et al)
PLANNING BOARD MOTION: Moved to amend the map entitled “MultiPLANNING BOARD MOTION: Moved to amend the map entitled “MultiPLANNING BOARD MOTION: Moved to amend the map entitled “MultiPLANNING BOARD MOTION: Moved to amend the map entitled “Multi----Family OFamily OFamily OFamily Overlay District” verlay District” verlay District” verlay District”
dated May 2008 by deleting the following property:dated May 2008 by deleting the following property:dated May 2008 by deleting the following property:dated May 2008 by deleting the following property:
MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet
68686868 78787878 23232323 Old South RoadOld South RoadOld South RoadOld South Road
All as shown on a map entitled “2009 Town Meeting Warrant Article 45” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 45” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 45” dated December 2008 All as shown on a map entitled “2009 Town Meeting Warrant Article 45” dated December 2008
and filed herewith at the Office of the Townand filed herewith at the Office of the Townand filed herewith at the Office of the Townand filed herewith at the Office of the Town Clerk. Clerk. Clerk. Clerk.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLEARTICLEARTICLEARTICLE 46 46 46 46
(Zoning Bylaw Amendment: Preexisting, nonconforming lots)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket section 33 subsection A(8) 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):
Preexisting, nonconforming lots may be changed; provided that no change in size, shape,
boundaries or frontage of any preexisting, nonconforming lot shall be done in any manner
except only pursuant to the issuance of a special permit granted by the special permit granting
authority designated by this chapter based upon a finding that said change will not be
substantially more detrimental than the existing nonconformity to the neighborhood; provided,
further, that no such special permit shall be granted which creates any new nonconformity or
increase any existing nonconformity. that the Zoning Enforcement Officer determines that any
change in size, shape, boundaries, or frontage to said preexisting, nonconforming lot does not
create any new nonconformity or increase any existing nonconformity on said lot and said
change will not be substantially more detrimental than the existing nonconformity to the
neighborhood.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved thatPLANNING BOARD MOTION: Moved thatPLANNING BOARD MOTION: Moved thatPLANNING BOARD MOTION: Moved that ChChChChapter 139 (Zoning) of the Code of the Town of apter 139 (Zoning) of the Code of the Town of apter 139 (Zoning) of the Code of the Town of apter 139 (Zoning) of the Code of the Town of
Nantucket section 33 subsection A(8) Nantucket section 33 subsection A(8) Nantucket section 33 subsection A(8) Nantucket section 33 subsection A(8) be amended be amended be amended be amended as follows as follows as follows as follows (NOTE: new language is shown (NOTE: new language is shown (NOTE: new language is shown (NOTE: new language is shown
Page 140
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
as highlighted text, language to be deleted is shown by strikeout; these methods to denote as highlighted text, language to be deleted is shown by strikeout; these methods to denote as highlighted text, language to be deleted is shown by strikeout; these methods to denote as highlighted text, language to be deleted is shown by strikeout; these methods to denote
changes are not meant to becomechanges are not meant to becomechanges are not meant to becomechanges are not meant to become part of the final text) part of the final text) part of the final text) part of the final text)::::
Preexisting, nonconforming lots may be changed; provided Preexisting, nonconforming lots may be changed; provided Preexisting, nonconforming lots may be changed; provided Preexisting, nonconforming lots may be changed; provided that no change in size, shape, that no change in size, shape, that no change in size, shape, that no change in size, shape,
boundaries or frontage of any preexisting, nonconforming lot shall be done in any manner boundaries or frontage of any preexisting, nonconforming lot shall be done in any manner boundaries or frontage of any preexisting, nonconforming lot shall be done in any manner boundaries or frontage of any preexisting, nonconforming lot shall be done in any manner
except only pursuant to the issuance of a special pexcept only pursuant to the issuance of a special pexcept only pursuant to the issuance of a special pexcept only pursuant to the issuance of a special permit granted by the special permit granting ermit granted by the special permit granting ermit granted by the special permit granting ermit granted by the special permit granting
authority designated by this chapter based upon a finding that said change will not be authority designated by this chapter based upon a finding that said change will not be authority designated by this chapter based upon a finding that said change will not be authority designated by this chapter based upon a finding that said change will not be
substantially more detrimental than the existing nonconformity to the neighborhood; provided, substantially more detrimental than the existing nonconformity to the neighborhood; provided, substantially more detrimental than the existing nonconformity to the neighborhood; provided, substantially more detrimental than the existing nonconformity to the neighborhood; provided,
further, that no such special further, that no such special further, that no such special further, that no such special permit shall be granted which creates any new nonconformity or permit shall be granted which creates any new nonconformity or permit shall be granted which creates any new nonconformity or permit shall be granted which creates any new nonconformity or
increase any existing nonconformity.increase any existing nonconformity.increase any existing nonconformity.increase any existing nonconformity. that the Zoning Enforcement Officer determines that any that the Zoning Enforcement Officer determines that any that the Zoning Enforcement Officer determines that any that the Zoning Enforcement Officer determines that any
change in size, shape, boundaries, or frontage to said preexisting, nonconforming lot does not change in size, shape, boundaries, or frontage to said preexisting, nonconforming lot does not change in size, shape, boundaries, or frontage to said preexisting, nonconforming lot does not change in size, shape, boundaries, or frontage to said preexisting, nonconforming lot does not
creatcreatcreatcreate any new nonconformity or increase any existing nonconformity on said lot and said e any new nonconformity or increase any existing nonconformity on said lot and said e any new nonconformity or increase any existing nonconformity on said lot and said e any new nonconformity or increase any existing nonconformity on said lot and said
change will not be substantially more detrimental than the existing nonconformity to the change will not be substantially more detrimental than the existing nonconformity to the change will not be substantially more detrimental than the existing nonconformity to the change will not be substantially more detrimental than the existing nonconformity to the
neighborhood. neighborhood. neighborhood. neighborhood.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLE 47ARTICLE 47ARTICLE 47ARTICLE 47
(Zoning Bylaw Amendment: Wind Energy Conversion Systems (WECS))
To See if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket as follows:
1. To amend section 21 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):
A. Residential WECS.
(1) Permitted as an accessory use in all districts. in the following districts: LUG-1, LUG-2,
LUG-3, R-2, R-10, RC-2.
(2) A Mmaximum number of one towers per lot or on contiguous lots held in common
ownership: one. shall be permitted. Additional towers may be allowed by special
permit.
(3) Maximum tower height: 60 fee measured from the mean grade surrounding the support
pad(s) to the base of the wind generator measured along the vertical axis of the tower,
except that tower height may exceed 60 feet by special permit.
(3) (4) Minimum tower setback distance from nearest property line: Towers greater than 30
feet in height shall be setback from the property line a distance measured from the
mean grade surrounding the support pad(s) to the tip of a blade in vertical position
measured along the vertical axis of the tower. Towers 30 feet or less in height shall be
subject to the setback requirements of § 139-16.
(5) Minimum distance from guy wire to property line: 15 feet.
(6) Blade color: white or light gray.
(7) Tower access. The tower shall be made inaccessible to unauthorized personnel.
B. Commercial WECS.
Page 141
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(1) Permitted as an accessory use in the CI district and as a primary use in the following
districts by special permit with major site plan review: LUG-1, LUG-2, LUG-3, RC-2, CN,
CTEC, VN, VTEC and [Amended 4-14-1997 ATM by Art. 49, AG approval 8-5-1997]
(2) Agricultural WECS in all zoning districts shall be subject to the restrictions of this
subsection, however, no special permits shall be required.
(3) (2) The Mmaximum number of towers per lot: shall be limited by special permit. except
in the in the CI district where one may be permitted as an accessory use.
(3) Maximum tower height: limited by special permit.
(4) Minimum tower setback distance from nearest property line: Towers greater than 30 feet
in height shall be setback from the property line a distance measured from the mean
grade surrounding the support pad(s) to the tip of the blade in a vertical position
measured along the vertical axis of the tower. Towers 30 feet or less in height shall be
subject to the setback requirements of § 139-16.
(5) Minimum distance from guy wire to property line: 15 feet.
(6) Blade color: white or light gray.
(7) Tower access. The tower shall be made inaccessible to unauthorized personnel.
(5) Maintenance. Every two years the owner shall submit a structural report to the Building
Inspector attesting to the structural integrity of the wind generator, tower and/or support
system.
(6) (8) Public interest and public benefit: The granting of a special permit for a commercial
WECS shall be conditional based upon a finding by the special permit granting authority
Planning Board that the proposal is in the public interest and provides substantial benefit
to the community, the burden of proof which shall rest with the applicant. that the
location of the WECS does not have a substantial adverse impact on the surrounding
area.
(a) Location. Before it may approve the installation of a commercial WECS, the Planning
Board, as the special permit granting authority, shall make a finding of fact that the
location of the facilities do not substantially adversely affect the surrounding area.
C. Special permit granting authority. The Planning Board shall be the special permit granting
authority for those installations where a special permit is required.
C. D. Submission requirements. The application for a building permit for WECS shall be
accompanied by the following documents in addition to those documents required by § 139-
26:
(1) A plot plan prepared and stamped by a registered land surveyor indicating the location
of the proposed WECS, existing and proposed structures, aboveground utility lines and
any other significant features or appurtenances.
(2) Structural drawings prepared and stamped by a registered professional engineer of the
wing tower, including pad design and guy wire design, if applicable.
(3) Drawings and specifications prepared and stamped by a registered professional
engineer of the generator, hub and blades, electrical support facilities, including
transformers, cables and control devices.
(4) Drawings indicating method of making tower inaccessible to unauthorized personnel.
D. E. Abandonment. The Building Inspector may cause the owner to remove WECS, including
all appurtenances thereto, if the facility fails to generate power for one year or more.
Page 142
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
F. Noise control.
(1) Prior to the issuance of a building permit, the WECS manufacturer shall provide
sufficient data and documentation to establish that the WECS will not produce noise
levels in excess of those stipulated in the following table:
Ambient Reading
Without Windmill
(decibels)
Maximum Permitted Reading
with Windmill Operating
(decibels)
45 55.4
50 56.2
55 61.0
60 61.2
65 65.4
(2) Decibel level readings shall be measured at the closest property line to the WECS.
(3) After the WECS has been approved and installed, sound measurement shall be
performed to determine ambient and operating decibel levels. The sound level shall be
measured on a sound level meter using the A-weighing network.
(4) Upon the complaint of an abutter, ambient and maximum permitted decibel
measurements shall be performed by an agent designated by the Planning Board. The
agent shall submit recorded sound measurements to the Planning Board for review and
evaluation. A fee for the service shall be established by the Planning Board. The fee
shall be paid for by the complainant unless maximum permitted decibel readings have
been exceeded, in which case the WECS owner shall pay the fee.
(5) If maximum readings are exceeded, the installation shall be considered a public
nuisance in violation of § 139-20A of this chapter. The violation shall be corrected within
90 days from the date of notification, and if the noise violation cannot be remedied, the
WECS shall be removed or relocated.
E. G. Electromagnetic interference.
(1) Prior to the issuance of a building permit, the manufacturer shall provide sufficient data
and documentation to establish that the installation will not cause electromagnetic
interference to any abutter.
(2) The WECS installation shall comply with Federal Communications Commission
Regulation 47 CFR 15.
(3) Upon the complaint of an abutter, an investigation shall be performed by an agent of the
Planning Board. The agent shall submit a report of his findings to the Planning Board for
review and evaluation. A fee for the report shall be established by the Planning Board.
After review and evaluation of the report, the Planning Board shall determine if the
installation causes electromagnetic interference to any abutter. The fee for the report
shall be paid by the complainant, unless the Planning Board determines that there is
electromagnetic interference to an abutter, in which case the owner shall pay the fee.
(4) If electromagnetic interference is caused by the installation of a WECS, the installation
shall be deemed a public nuisance in violation of § 139-7F of this chapter. The violation
shall be corrected within 90 days from the date of notification. If the electromagnetic
interference cannot be remedied, the WECS shall be removed or relocated.
Page 143
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
H. Maintenance. Every two years the owner shall submit a structural report to the Building
Inspector attesting to the structural integrity of the wind generator, tower and/or support
system.
2. To amend section 17 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):
In all districts, the height of buildings and other structures shall not exceed 30 feet, subject to
the following:
A. Building and structure height. [Amended 4-12-1994 ATM by Art. 55, AG approval 4-29-
1994; 4-12-1999 ATM by Art. 37, AG approval 8-10-1999]
(1) The average height of all sides of a building or structure shall not exceed 30 feet as
measured from the average mean grade to the highest point of the building or structure.
No one building side shall exceed 32 feet.
(2) There shall be only one highest point for each building or structure.
B. The following uses are permitted to exceed such height limitation to an extent reasonable
and customary:
(1) Roof structures for ornamental purposes, such as roof walks, cupolas, spires and
steeples.
(2) Penthouses on buildings to the extent necessary for mechanical purposes, not higher
than eight feet and with area less than 25% of the building ground cover.
(3) Chimneys attached to a building, provided height shall not exceed 40 feet.
(4) Building mounted vertical wind turbines and Rresidential-type antennas, provided height
shall not exceed 40 feet.
(5) Lighthouses and beacons.
(6) Residential WECS and WECS as an accessory use in the CI district provided that
maximum tower height shall not exceed 60 feet. Height shall be measured from the
mean grade surrounding the support pad(s) to the base of the wind generator measured
along the vertical axis of the tower.
C. Exceptions by special permit [See also § 139-21A(3) below]. The special permit granting
authority may grant a special permit to allow the following structures to exceed such height
limitations: [Amended 4-15-2003 ATM by Art. 31, AG approval 8-27-2003]
(1) Chimneys.
(2) Antennas.
(3) Water towers and stand pipes.
(4) Residential WECS greater than 60 feet in height and Commercial WECS. Height shall
be measured from the mean grade surrounding the support pad(s) to the base of the
wind generator measured along the vertical axis of the tower.
(6)(4) Buildings located within the RCDT Zoning District, provided that a finding is made by
the special permit granting authority that the proposed height exceeding 30 feet is:
Page 144
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(a) Both necessary and desirable to the restoration or preservation of an existing,
historic structure, if applicable;
(b) Both complementary and appropriate to the scale of the adjoining streetscape which
is supported by the existence of surrounding buildings of equivalent height and the
receipt of approval from the Historic District Commission; and
(c) Not detrimental to adjoining properties by substantially casting them in shadow or
resulting in the loss of privacy, air circulation, sunlight, safe ingress and egress or
overcrowding.
3. To amend section 2 as follows (NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not
meant to become part of the final text):
RESIDENTIAL WECS — A WECS designed or operated to provide energy principally to the
residence and accessory structures located on the lot, or on contiguous lots held in common
ownership which must be combined by either executing a covenant with the Town of Nantucket
or by means of a subdivision plan approved by the Nantucket Planning Board. A WECS
designed or operated to provide more than 50% of its rated energy production for off-site
consumption shall not be considered residential except in cases where such power is
consumed by residences of adjacent property or within 1,000 feet, whichever is greater.
(Burr Tupper, et al)
PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of
Nantucket Nantucket Nantucket Nantucket be amended be amended be amended be amended as follows:as follows:as follows:as follows:
1. To amend section 21 as follows (1. To amend section 21 as follows (1. To amend section 21 as follows (1. To amend section 21 as follows (NOTE: new language is shown as highlighted text, NOTE: new language is shown as highlighted text, NOTE: new language is shown as highlighted text, NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not language to be deleted is shown by strikeout; these methods to denote changes are not language to be deleted is shown by strikeout; these methods to denote changes are not language to be deleted is shown by strikeout; these methods to denote changes are not
meant to become part of the final text):meant to become part of the final text):meant to become part of the final text):meant to become part of the final text):
A.A.A.A. Residential WECS.Residential WECS.Residential WECS.Residential WECS.
(1)(1)(1)(1) Permitted Permitted Permitted Permitted as an aas an aas an aas an accessory use in all districts.ccessory use in all districts.ccessory use in all districts.ccessory use in all districts. in the following districts: LUGin the following districts: LUGin the following districts: LUGin the following districts: LUG----1, LUG1, LUG1, LUG1, LUG----2, 2, 2, 2,
LUGLUGLUGLUG----3, R3, R3, R3, R----2, R2, R2, R2, R----10, RC10, RC10, RC10, RC----2. 2. 2. 2.
(2)(2)(2)(2) A A A A MMMMmmmmaximum aximum aximum aximum numbernumbernumbernumber of of of of oneoneoneone tower tower tower towerssss per lot per lot per lot per lot or on contiguous lots held in common or on contiguous lots held in common or on contiguous lots held in common or on contiguous lots held in common
ownership: one.ownership: one.ownership: one.ownership: one. shall be permitted.shall be permitted.shall be permitted.shall be permitted. Additional towers may be allowed by speAdditional towers may be allowed by speAdditional towers may be allowed by speAdditional towers may be allowed by special cial cial cial
permit.permit.permit.permit.
(3)(3)(3)(3) Maximum tower height: 60 fee measured from the mean grade surrounding the support Maximum tower height: 60 fee measured from the mean grade surrounding the support Maximum tower height: 60 fee measured from the mean grade surrounding the support Maximum tower height: 60 fee measured from the mean grade surrounding the support
pad(s) to the base of the wind generator measured along the vertical axis of the tower, pad(s) to the base of the wind generator measured along the vertical axis of the tower, pad(s) to the base of the wind generator measured along the vertical axis of the tower, pad(s) to the base of the wind generator measured along the vertical axis of the tower,
except that tower height may exceed 60 feet by special permit. except that tower height may exceed 60 feet by special permit. except that tower height may exceed 60 feet by special permit. except that tower height may exceed 60 feet by special permit.
(3)(3)(3)(3) (4) Minimum tower setback distance from nearest property line:(4) Minimum tower setback distance from nearest property line:(4) Minimum tower setback distance from nearest property line:(4) Minimum tower setback distance from nearest property line: Towers greater than 30 Towers greater than 30 Towers greater than 30 Towers greater than 30
feet in height shall be setback from the property linefeet in height shall be setback from the property linefeet in height shall be setback from the property linefeet in height shall be setback from the property line a distance measured from the a distance measured from the a distance measured from the a distance measured from the
mean grade surrounding the support pad(s) to the tip of a blade in vertical position mean grade surrounding the support pad(s) to the tip of a blade in vertical position mean grade surrounding the support pad(s) to the tip of a blade in vertical position mean grade surrounding the support pad(s) to the tip of a blade in vertical position
measured along the vertical axis of the tower. measured along the vertical axis of the tower. measured along the vertical axis of the tower. measured along the vertical axis of the tower. Towers 30 feet or less in height shall be Towers 30 feet or less in height shall be Towers 30 feet or less in height shall be Towers 30 feet or less in height shall be
subject to the setback requirements of §subject to the setback requirements of §subject to the setback requirements of §subject to the setback requirements of § 139139139139----16.16.16.16.
(5)(5)(5)(5) Minimum distance from guy wire to property line: 15 feet. Minimum distance from guy wire to property line: 15 feet. Minimum distance from guy wire to property line: 15 feet. Minimum distance from guy wire to property line: 15 feet.
(6)(6)(6)(6) Blade color: white or light gray. Blade color: white or light gray. Blade color: white or light gray. Blade color: white or light gray.
(7)(7)(7)(7) Tower acceTower acceTower acceTower access. The tower shall be made inaccessible to unauthorized personnel. ss. The tower shall be made inaccessible to unauthorized personnel. ss. The tower shall be made inaccessible to unauthorized personnel. ss. The tower shall be made inaccessible to unauthorized personnel.
Page 145
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
B.B.B.B. Commercial WECS.Commercial WECS.Commercial WECS.Commercial WECS.
(1)(1)(1)(1) Permitted Permitted Permitted Permitted as an accessory use in the CI district and as an accessory use in the CI district and as an accessory use in the CI district and as an accessory use in the CI district and as a primary useas a primary useas a primary useas a primary use in the following in the following in the following in the following
districts by special permit with major site plan review: LUGdistricts by special permit with major site plan review: LUGdistricts by special permit with major site plan review: LUGdistricts by special permit with major site plan review: LUG----1, LUG1, LUG1, LUG1, LUG----2, LUG2, LUG2, LUG2, LUG----3, RC3, RC3, RC3, RC----2222, CN, , CN, , CN, , CN,
CTEC, VN, VTECCTEC, VN, VTECCTEC, VN, VTECCTEC, VN, VTEC and and and and CICICICI[Amended 4[Amended 4[Amended 4[Amended 4----14141414----1997 ATM by Art. 49, AG approval 81997 ATM by Art. 49, AG approval 81997 ATM by Art. 49, AG approval 81997 ATM by Art. 49, AG approval 8----5555----1997] 1997] 1997] 1997]
(2)(2)(2)(2) Agricultural WECS in all zoning districts shall be subject to the restrictions of this Agricultural WECS in all zoning districts shall be subject to the restrictions of this Agricultural WECS in all zoning districts shall be subject to the restrictions of this Agricultural WECS in all zoning districts shall be subject to the restrictions of this
subsection, however, no special permits shall be required.subsection, however, no special permits shall be required.subsection, however, no special permits shall be required.subsection, however, no special permits shall be required.
(3)(3)(3)(3) (2) (2) (2) (2) TheTheTheThe MMMMmmmmaximum number of towers per lotaximum number of towers per lotaximum number of towers per lotaximum number of towers per lot:::: shall beshall beshall beshall be limited by special permit limited by special permit limited by special permit limited by special permit. . . . except except except except
in the in the CI district where one may be permitted as an accessory use.in the in the CI district where one may be permitted as an accessory use.in the in the CI district where one may be permitted as an accessory use.in the in the CI district where one may be permitted as an accessory use.
(3)(3)(3)(3) Maximum tower height: limited by special permit. Maximum tower height: limited by special permit. Maximum tower height: limited by special permit. Maximum tower height: limited by special permit.
(4)(4)(4)(4) Minimum tower setback distance from nearest proMinimum tower setback distance from nearest proMinimum tower setback distance from nearest proMinimum tower setback distance from nearest property line:perty line:perty line:perty line: Towers greater than 30 feet Towers greater than 30 feet Towers greater than 30 feet Towers greater than 30 feet
in height shall be setback from the property linein height shall be setback from the property linein height shall be setback from the property linein height shall be setback from the property line a distance measured from the mean a distance measured from the mean a distance measured from the mean a distance measured from the mean
grade surrounding the support pad(s) to the tip of the blade in a vertical position grade surrounding the support pad(s) to the tip of the blade in a vertical position grade surrounding the support pad(s) to the tip of the blade in a vertical position grade surrounding the support pad(s) to the tip of the blade in a vertical position
measured along the vertical axis of the tower. measured along the vertical axis of the tower. measured along the vertical axis of the tower. measured along the vertical axis of the tower. TTTTowers 30 feet or less in height shall be owers 30 feet or less in height shall be owers 30 feet or less in height shall be owers 30 feet or less in height shall be
subject to the setback requirements of §subject to the setback requirements of §subject to the setback requirements of §subject to the setback requirements of § 139139139139----16.16.16.16.
(5)(5)(5)(5) Minimum distance from guy wire to property line: 15 feet. Minimum distance from guy wire to property line: 15 feet. Minimum distance from guy wire to property line: 15 feet. Minimum distance from guy wire to property line: 15 feet.
(6)(6)(6)(6) Blade color: white or light gray. Blade color: white or light gray. Blade color: white or light gray. Blade color: white or light gray.
(7)(7)(7)(7) Tower access. The tower shall be made inaccessible to unaTower access. The tower shall be made inaccessible to unaTower access. The tower shall be made inaccessible to unaTower access. The tower shall be made inaccessible to unauthorized personnel. uthorized personnel. uthorized personnel. uthorized personnel.
(5)(5)(5)(5) Maintenance. Every two years the owner shall submit a structural report to the Building Maintenance. Every two years the owner shall submit a structural report to the Building Maintenance. Every two years the owner shall submit a structural report to the Building Maintenance. Every two years the owner shall submit a structural report to the Building
Inspector attesting to the structural integrity of the wind generator, tower and/or support Inspector attesting to the structural integrity of the wind generator, tower and/or support Inspector attesting to the structural integrity of the wind generator, tower and/or support Inspector attesting to the structural integrity of the wind generator, tower and/or support
system.system.system.system.
(6)(6)(6)(6) (8) Public interest and public benefit (8) Public interest and public benefit (8) Public interest and public benefit (8) Public interest and public benefit: : : : The granting of a special permit for a commercial The granting of a special permit for a commercial The granting of a special permit for a commercial The granting of a special permit for a commercial
WECS shall be WECS shall be WECS shall be WECS shall be conditionalconditionalconditionalconditional basedbasedbasedbased upon a finding by the upon a finding by the upon a finding by the upon a finding by the special permit granting authorityspecial permit granting authorityspecial permit granting authorityspecial permit granting authority
Planning BoardPlanning BoardPlanning BoardPlanning Board that the proposal is in the public interest and provides substantial that the proposal is in the public interest and provides substantial that the proposal is in the public interest and provides substantial that the proposal is in the public interest and provides substantial
benefit to the community, the bubenefit to the community, the bubenefit to the community, the bubenefit to the community, the burden of proof which shall rest with the applicant. rden of proof which shall rest with the applicant. rden of proof which shall rest with the applicant. rden of proof which shall rest with the applicant. that the that the that the that the
location of the WECS does not have a substantial adverse impact on the surrounding location of the WECS does not have a substantial adverse impact on the surrounding location of the WECS does not have a substantial adverse impact on the surrounding location of the WECS does not have a substantial adverse impact on the surrounding
area.area.area.area.
(a)(a)(a)(a) Location. Before it may approve the installation of a commercial WECS, the Planning Location. Before it may approve the installation of a commercial WECS, the Planning Location. Before it may approve the installation of a commercial WECS, the Planning Location. Before it may approve the installation of a commercial WECS, the Planning
Board, as the speciBoard, as the speciBoard, as the speciBoard, as the special permit granting authority, shall make a finding of fact that the al permit granting authority, shall make a finding of fact that the al permit granting authority, shall make a finding of fact that the al permit granting authority, shall make a finding of fact that the
location of the facilities do not substantially adversely affect the surrounding area. location of the facilities do not substantially adversely affect the surrounding area. location of the facilities do not substantially adversely affect the surrounding area. location of the facilities do not substantially adversely affect the surrounding area.
C.C.C.C. Special permit granting authority. The Planning Board shall be the special permit granting Special permit granting authority. The Planning Board shall be the special permit granting Special permit granting authority. The Planning Board shall be the special permit granting Special permit granting authority. The Planning Board shall be the special permit granting
authoauthoauthoauthority for those installations where a special permit is required.rity for those installations where a special permit is required.rity for those installations where a special permit is required.rity for those installations where a special permit is required.
CCCC. . . . D.D.D.D. Submission requirements. The application for a building permit for WECS shall be Submission requirements. The application for a building permit for WECS shall be Submission requirements. The application for a building permit for WECS shall be Submission requirements. The application for a building permit for WECS shall be
accompanied by the following documents in addition to those documents required by §accompanied by the following documents in addition to those documents required by §accompanied by the following documents in addition to those documents required by §accompanied by the following documents in addition to those documents required by § 139139139139----
26:26:26:26:
(1)(1)(1)(1) A plot A plot A plot A plot plan prepared and stamped by a registered land surveyor indicating the location plan prepared and stamped by a registered land surveyor indicating the location plan prepared and stamped by a registered land surveyor indicating the location plan prepared and stamped by a registered land surveyor indicating the location
of the proposed WECS, existing and proposed structures, aboveground utility lines and of the proposed WECS, existing and proposed structures, aboveground utility lines and of the proposed WECS, existing and proposed structures, aboveground utility lines and of the proposed WECS, existing and proposed structures, aboveground utility lines and
any other significant features or appurtenances. any other significant features or appurtenances. any other significant features or appurtenances. any other significant features or appurtenances.
(2)(2)(2)(2) Structural drawings prepared and staStructural drawings prepared and staStructural drawings prepared and staStructural drawings prepared and stamped by a registered professional engineer of the mped by a registered professional engineer of the mped by a registered professional engineer of the mped by a registered professional engineer of the
wing tower, including pad design and guy wire design, if applicable. wing tower, including pad design and guy wire design, if applicable. wing tower, including pad design and guy wire design, if applicable. wing tower, including pad design and guy wire design, if applicable.
(3)(3)(3)(3) Drawings and specifications prepared and stamped by a registered professional Drawings and specifications prepared and stamped by a registered professional Drawings and specifications prepared and stamped by a registered professional Drawings and specifications prepared and stamped by a registered professional
engineer of the generator, hub and blades, electrical engineer of the generator, hub and blades, electrical engineer of the generator, hub and blades, electrical engineer of the generator, hub and blades, electrical support facilities, including support facilities, including support facilities, including support facilities, including
transformers, cables and control devices. transformers, cables and control devices. transformers, cables and control devices. transformers, cables and control devices.
(4)(4)(4)(4) Drawings indicating method of making tower inaccessible to unauthorized personnel. Drawings indicating method of making tower inaccessible to unauthorized personnel. Drawings indicating method of making tower inaccessible to unauthorized personnel. Drawings indicating method of making tower inaccessible to unauthorized personnel.
Page 146
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
D.D.D.D. E.E.E.E. AbandonmentAbandonmentAbandonmentAbandonment.... Removal.Removal.Removal.Removal. The Building Inspector may cause the owner to remove The Building Inspector may cause the owner to remove The Building Inspector may cause the owner to remove The Building Inspector may cause the owner to remove
WECS, includiWECS, includiWECS, includiWECS, including all appurtenances thereto, if the facility fails to generate power for one ng all appurtenances thereto, if the facility fails to generate power for one ng all appurtenances thereto, if the facility fails to generate power for one ng all appurtenances thereto, if the facility fails to generate power for one
year or more.year or more.year or more.year or more.
F.F.F.F. Noise control.Noise control.Noise control.Noise control.
(1)(1)(1)(1) Prior to the issuance of a building permit, the WECS manufacturer shall provide Prior to the issuance of a building permit, the WECS manufacturer shall provide Prior to the issuance of a building permit, the WECS manufacturer shall provide Prior to the issuance of a building permit, the WECS manufacturer shall provide
sufficient data and documentation to establish that the WECS sufficient data and documentation to establish that the WECS sufficient data and documentation to establish that the WECS sufficient data and documentation to establish that the WECS will not produce noise will not produce noise will not produce noise will not produce noise
levels in excess of those stipulated in the following table: levels in excess of those stipulated in the following table: levels in excess of those stipulated in the following table: levels in excess of those stipulated in the following table:
Ambient Reading Ambient Reading Ambient Reading Ambient Reading
Without Windmill Without Windmill Without Windmill Without Windmill
(decibels)(decibels)(decibels)(decibels)
Maximum Permitted Reading Maximum Permitted Reading Maximum Permitted Reading Maximum Permitted Reading
with Windmill Operating with Windmill Operating with Windmill Operating with Windmill Operating
(decibels)(decibels)(decibels)(decibels)
45454545 55.455.455.455.4
50505050 56.256.256.256.2
55555555 61.061.061.061.0
60606060 61.261.261.261.2
65656565 65.465.465.465.4
(2)(2)(2)(2) Decibel level Decibel level Decibel level Decibel level readings shall be measured at the closest property line to the WECS. readings shall be measured at the closest property line to the WECS. readings shall be measured at the closest property line to the WECS. readings shall be measured at the closest property line to the WECS.
(3)(3)(3)(3) After the WECS has been approved and installed, sound measurement shall be After the WECS has been approved and installed, sound measurement shall be After the WECS has been approved and installed, sound measurement shall be After the WECS has been approved and installed, sound measurement shall be
performed to determine ambient and operating decibel levels. The sound level shall be performed to determine ambient and operating decibel levels. The sound level shall be performed to determine ambient and operating decibel levels. The sound level shall be performed to determine ambient and operating decibel levels. The sound level shall be
measured on a sound lmeasured on a sound lmeasured on a sound lmeasured on a sound level meter using the Aevel meter using the Aevel meter using the Aevel meter using the A----weighing network. weighing network. weighing network. weighing network.
(4)(4)(4)(4) Upon the complaint of an abutter, ambient and maximum permitted decibel Upon the complaint of an abutter, ambient and maximum permitted decibel Upon the complaint of an abutter, ambient and maximum permitted decibel Upon the complaint of an abutter, ambient and maximum permitted decibel
measurements shall be performed by an agent designated by the Planning Board. The measurements shall be performed by an agent designated by the Planning Board. The measurements shall be performed by an agent designated by the Planning Board. The measurements shall be performed by an agent designated by the Planning Board. The
agent shall submit recorded sound measurements to the Plagent shall submit recorded sound measurements to the Plagent shall submit recorded sound measurements to the Plagent shall submit recorded sound measurements to the Planning Board for review and anning Board for review and anning Board for review and anning Board for review and
evaluation. A fee for the service shall be established by the Planning Board. The fee evaluation. A fee for the service shall be established by the Planning Board. The fee evaluation. A fee for the service shall be established by the Planning Board. The fee evaluation. A fee for the service shall be established by the Planning Board. The fee
shall be paid for by the complainant unless maximum permitted decibel readings have shall be paid for by the complainant unless maximum permitted decibel readings have shall be paid for by the complainant unless maximum permitted decibel readings have shall be paid for by the complainant unless maximum permitted decibel readings have
been exceeded, in which case the WECS owner shall pay the been exceeded, in which case the WECS owner shall pay the been exceeded, in which case the WECS owner shall pay the been exceeded, in which case the WECS owner shall pay the fee. fee. fee. fee.
(5)(5)(5)(5) If maximum readings are exceeded, the installation shall be considered a public If maximum readings are exceeded, the installation shall be considered a public If maximum readings are exceeded, the installation shall be considered a public If maximum readings are exceeded, the installation shall be considered a public
nuisance in violation of §nuisance in violation of §nuisance in violation of §nuisance in violation of § 139139139139----20A of this chapter. The violation shall be corrected within 20A of this chapter. The violation shall be corrected within 20A of this chapter. The violation shall be corrected within 20A of this chapter. The violation shall be corrected within
90 days from the date of notification, and if the noise violation cannot b90 days from the date of notification, and if the noise violation cannot b90 days from the date of notification, and if the noise violation cannot b90 days from the date of notification, and if the noise violation cannot be remedied, the e remedied, the e remedied, the e remedied, the
WECS shall be removed or relocated. WECS shall be removed or relocated. WECS shall be removed or relocated. WECS shall be removed or relocated.
E.E.E.E. G.G.G.G. Electromagnetic interference.Electromagnetic interference.Electromagnetic interference.Electromagnetic interference.
(1)(1)(1)(1) Prior to the issuance of a building permit, the manufacturer shall provide sufficient data Prior to the issuance of a building permit, the manufacturer shall provide sufficient data Prior to the issuance of a building permit, the manufacturer shall provide sufficient data Prior to the issuance of a building permit, the manufacturer shall provide sufficient data
and documentation to establish that the installation will not cause eleand documentation to establish that the installation will not cause eleand documentation to establish that the installation will not cause eleand documentation to establish that the installation will not cause electromagnetic ctromagnetic ctromagnetic ctromagnetic
interference to any abutter. interference to any abutter. interference to any abutter. interference to any abutter.
(2)(2)(2)(2) The WECS installation shall comply with Federal Communications Commission The WECS installation shall comply with Federal Communications Commission The WECS installation shall comply with Federal Communications Commission The WECS installation shall comply with Federal Communications Commission
Regulation 47 CFR 15. Regulation 47 CFR 15. Regulation 47 CFR 15. Regulation 47 CFR 15.
(3)(3)(3)(3) Upon the complaint of an abutter, an investigation shall be performed by an agent of the Upon the complaint of an abutter, an investigation shall be performed by an agent of the Upon the complaint of an abutter, an investigation shall be performed by an agent of the Upon the complaint of an abutter, an investigation shall be performed by an agent of the
Planning Board. ThePlanning Board. ThePlanning Board. ThePlanning Board. The agent shall submit a report of his findings to the Planning Board for agent shall submit a report of his findings to the Planning Board for agent shall submit a report of his findings to the Planning Board for agent shall submit a report of his findings to the Planning Board for
review and evaluation. A fee for the report shall be established by the Planning Board. review and evaluation. A fee for the report shall be established by the Planning Board. review and evaluation. A fee for the report shall be established by the Planning Board. review and evaluation. A fee for the report shall be established by the Planning Board.
After review and evaluation of the report, the Planning Board shall determine if the After review and evaluation of the report, the Planning Board shall determine if the After review and evaluation of the report, the Planning Board shall determine if the After review and evaluation of the report, the Planning Board shall determine if the
installationinstallationinstallationinstallation causes electromagnetic interference to any abutter. The fee for the report causes electromagnetic interference to any abutter. The fee for the report causes electromagnetic interference to any abutter. The fee for the report causes electromagnetic interference to any abutter. The fee for the report
shall be paid by the complainant, unless the Planning Board determines that there is shall be paid by the complainant, unless the Planning Board determines that there is shall be paid by the complainant, unless the Planning Board determines that there is shall be paid by the complainant, unless the Planning Board determines that there is
electromagnetic interference to an abutter, in which case the owner shall pay the fee. electromagnetic interference to an abutter, in which case the owner shall pay the fee. electromagnetic interference to an abutter, in which case the owner shall pay the fee. electromagnetic interference to an abutter, in which case the owner shall pay the fee.
Page 147
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(4)(4)(4)(4) If If If If electromagnetic interference is caused by the installation of a WECS, the installation electromagnetic interference is caused by the installation of a WECS, the installation electromagnetic interference is caused by the installation of a WECS, the installation electromagnetic interference is caused by the installation of a WECS, the installation
shall be deemed a public nuisance in violation of §shall be deemed a public nuisance in violation of §shall be deemed a public nuisance in violation of §shall be deemed a public nuisance in violation of § 139139139139----7F of this chapter. The violation 7F of this chapter. The violation 7F of this chapter. The violation 7F of this chapter. The violation
shall be corrected within 90 days from the date of notification. If the electroshall be corrected within 90 days from the date of notification. If the electroshall be corrected within 90 days from the date of notification. If the electroshall be corrected within 90 days from the date of notification. If the electromagnetic magnetic magnetic magnetic
interference cannot be remedied, the WECS shall be removed or relocated. interference cannot be remedied, the WECS shall be removed or relocated. interference cannot be remedied, the WECS shall be removed or relocated. interference cannot be remedied, the WECS shall be removed or relocated.
H.H.H.H. Maintenance. Every two years the owner shall submit a structural report to the Building Maintenance. Every two years the owner shall submit a structural report to the Building Maintenance. Every two years the owner shall submit a structural report to the Building Maintenance. Every two years the owner shall submit a structural report to the Building
Inspector attesting to the structural integrity of the wind generator, tower and/Inspector attesting to the structural integrity of the wind generator, tower and/Inspector attesting to the structural integrity of the wind generator, tower and/Inspector attesting to the structural integrity of the wind generator, tower and/or support or support or support or support
system.system.system.system.
4.4.4.4. To amend section 17 as follows (To amend section 17 as follows (To amend section 17 as follows (To amend section 17 as follows (NOTE: new language is shown as highlighted text, NOTE: new language is shown as highlighted text, NOTE: new language is shown as highlighted text, NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not language to be deleted is shown by strikeout; these methods to denote changes are not language to be deleted is shown by strikeout; these methods to denote changes are not language to be deleted is shown by strikeout; these methods to denote changes are not
meant to become part of the final text):meant to become part of the final text):meant to become part of the final text):meant to become part of the final text):
In all districts, the heightIn all districts, the heightIn all districts, the heightIn all districts, the height of buildings and other structures shall not exceed 30 feet, subject to of buildings and other structures shall not exceed 30 feet, subject to of buildings and other structures shall not exceed 30 feet, subject to of buildings and other structures shall not exceed 30 feet, subject to
the following: the following: the following: the following:
A.A.A.A. Building and structure height. [Amended 4Building and structure height. [Amended 4Building and structure height. [Amended 4Building and structure height. [Amended 4----12121212----1994 ATM by Art. 55, AG approval 41994 ATM by Art. 55, AG approval 41994 ATM by Art. 55, AG approval 41994 ATM by Art. 55, AG approval 4----29292929----
1994; 41994; 41994; 41994; 4----12121212----1999 ATM by Art. 37, AG approval 81999 ATM by Art. 37, AG approval 81999 ATM by Art. 37, AG approval 81999 ATM by Art. 37, AG approval 8----10101010----1999]1999]1999]1999]
(1)(1)(1)(1) The average height of aThe average height of aThe average height of aThe average height of all sides of a building or structure shall not exceed 30 feet as ll sides of a building or structure shall not exceed 30 feet as ll sides of a building or structure shall not exceed 30 feet as ll sides of a building or structure shall not exceed 30 feet as
measured from the average mean grade to the highest point of the building or structure. measured from the average mean grade to the highest point of the building or structure. measured from the average mean grade to the highest point of the building or structure. measured from the average mean grade to the highest point of the building or structure.
No one building side shall exceed 32 feet. No one building side shall exceed 32 feet. No one building side shall exceed 32 feet. No one building side shall exceed 32 feet.
(2)(2)(2)(2) There shall be only one highest point for each building There shall be only one highest point for each building There shall be only one highest point for each building There shall be only one highest point for each building or structure. or structure. or structure. or structure.
B.B.B.B. The following uses are permitted to exceed such height limitation to an extent reasonable The following uses are permitted to exceed such height limitation to an extent reasonable The following uses are permitted to exceed such height limitation to an extent reasonable The following uses are permitted to exceed such height limitation to an extent reasonable
and customary:and customary:and customary:and customary:
(1)(1)(1)(1) Roof structures for ornamental purposes, such as roof walks, cupolas, spires and Roof structures for ornamental purposes, such as roof walks, cupolas, spires and Roof structures for ornamental purposes, such as roof walks, cupolas, spires and Roof structures for ornamental purposes, such as roof walks, cupolas, spires and
steeples. steeples. steeples. steeples.
(2)(2)(2)(2) Penthouses on buildings to the ePenthouses on buildings to the ePenthouses on buildings to the ePenthouses on buildings to the extent necessary for mechanical purposes, not higher xtent necessary for mechanical purposes, not higher xtent necessary for mechanical purposes, not higher xtent necessary for mechanical purposes, not higher
than eight feet and with area less than 25% of the building ground cover. than eight feet and with area less than 25% of the building ground cover. than eight feet and with area less than 25% of the building ground cover. than eight feet and with area less than 25% of the building ground cover.
(3)(3)(3)(3) Chimneys attached to a building, provided height shall not exceed 40 feet. Chimneys attached to a building, provided height shall not exceed 40 feet. Chimneys attached to a building, provided height shall not exceed 40 feet. Chimneys attached to a building, provided height shall not exceed 40 feet.
(4)(4)(4)(4) Building mounted vertical wind turbines andBuilding mounted vertical wind turbines andBuilding mounted vertical wind turbines andBuilding mounted vertical wind turbines and RRRRrrrresidentialesidentialesidentialesidential----type antennas, provided height type antennas, provided height type antennas, provided height type antennas, provided height
shall not exceed 40 feet. shall not exceed 40 feet. shall not exceed 40 feet. shall not exceed 40 feet.
(5)(5)(5)(5) Lighthouses and beacons.Lighthouses and beacons.Lighthouses and beacons.Lighthouses and beacons.
(6)(6)(6)(6) Residential WECS and WECS as an accessory use in the CI district provided that Residential WECS and WECS as an accessory use in the CI district provided that Residential WECS and WECS as an accessory use in the CI district provided that Residential WECS and WECS as an accessory use in the CI district provided that
maximum tower height shall not exceed 60 feet. Height shall be measured frmaximum tower height shall not exceed 60 feet. Height shall be measured frmaximum tower height shall not exceed 60 feet. Height shall be measured frmaximum tower height shall not exceed 60 feet. Height shall be measured from the om the om the om the
mean grade surrounding the support pad(s) to the base of the wind generator measured mean grade surrounding the support pad(s) to the base of the wind generator measured mean grade surrounding the support pad(s) to the base of the wind generator measured mean grade surrounding the support pad(s) to the base of the wind generator measured
along the vertical axis of the tower.along the vertical axis of the tower.along the vertical axis of the tower.along the vertical axis of the tower.
C.C.C.C. Exceptions by special permit [See also §Exceptions by special permit [See also §Exceptions by special permit [See also §Exceptions by special permit [See also § 139139139139----21A(3) below]. The special permit granting 21A(3) below]. The special permit granting 21A(3) below]. The special permit granting 21A(3) below]. The special permit granting
authority may grant a special permauthority may grant a special permauthority may grant a special permauthority may grant a special permit to allow the following structures to exceed such height it to allow the following structures to exceed such height it to allow the following structures to exceed such height it to allow the following structures to exceed such height
limitations: [Amended 4limitations: [Amended 4limitations: [Amended 4limitations: [Amended 4----15151515----2003 ATM by Art. 31, AG approval 82003 ATM by Art. 31, AG approval 82003 ATM by Art. 31, AG approval 82003 ATM by Art. 31, AG approval 8----27272727----2003]2003]2003]2003]
(1)(1)(1)(1) Chimneys. Chimneys. Chimneys. Chimneys.
(2)(2)(2)(2) Antennas. Antennas. Antennas. Antennas.
(3) (3) (3) (3) Water towers and stand pipes.Water towers and stand pipes.Water towers and stand pipes.Water towers and stand pipes.
Page 148
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(4)(4)(4)(4) Residential WECS greater than 60 feet in height and CommeResidential WECS greater than 60 feet in height and CommeResidential WECS greater than 60 feet in height and CommeResidential WECS greater than 60 feet in height and Commercial WECS. Height shall rcial WECS. Height shall rcial WECS. Height shall rcial WECS. Height shall
be measured from the mean grade surrounding the support pad(s) to the base of the be measured from the mean grade surrounding the support pad(s) to the base of the be measured from the mean grade surrounding the support pad(s) to the base of the be measured from the mean grade surrounding the support pad(s) to the base of the
wind generator measured along the vertical axis of the tower.wind generator measured along the vertical axis of the tower.wind generator measured along the vertical axis of the tower.wind generator measured along the vertical axis of the tower.
(6)(6)(6)(6)(4) (4) (4) (4) Buildings located within the RCDT Zoning District, provided that a finding is mBuildings located within the RCDT Zoning District, provided that a finding is mBuildings located within the RCDT Zoning District, provided that a finding is mBuildings located within the RCDT Zoning District, provided that a finding is made by ade by ade by ade by
the special permit granting authority that the proposed height exceeding 30 feet is: the special permit granting authority that the proposed height exceeding 30 feet is: the special permit granting authority that the proposed height exceeding 30 feet is: the special permit granting authority that the proposed height exceeding 30 feet is:
(a)(a)(a)(a) Both necessary and desirable to the restoration or preservation of an existing, Both necessary and desirable to the restoration or preservation of an existing, Both necessary and desirable to the restoration or preservation of an existing, Both necessary and desirable to the restoration or preservation of an existing,
historic structure, if applicable; historic structure, if applicable; historic structure, if applicable; historic structure, if applicable;
(b)(b)(b)(b) Both complementary and appropriate to tBoth complementary and appropriate to tBoth complementary and appropriate to tBoth complementary and appropriate to the scale of the adjoining streetscape which he scale of the adjoining streetscape which he scale of the adjoining streetscape which he scale of the adjoining streetscape which
is supported by the existence of surrounding buildings of equivalent height and the is supported by the existence of surrounding buildings of equivalent height and the is supported by the existence of surrounding buildings of equivalent height and the is supported by the existence of surrounding buildings of equivalent height and the
receipt of approval from the Historic District Commission; and receipt of approval from the Historic District Commission; and receipt of approval from the Historic District Commission; and receipt of approval from the Historic District Commission; and
(c)(c)(c)(c) Not detrimental to adjoining properties by substantially casNot detrimental to adjoining properties by substantially casNot detrimental to adjoining properties by substantially casNot detrimental to adjoining properties by substantially casting them in shadow or ting them in shadow or ting them in shadow or ting them in shadow or
resulting in the loss of privacy, air circulation, sunlight, safe ingress and egress or resulting in the loss of privacy, air circulation, sunlight, safe ingress and egress or resulting in the loss of privacy, air circulation, sunlight, safe ingress and egress or resulting in the loss of privacy, air circulation, sunlight, safe ingress and egress or
overcrowding. overcrowding. overcrowding. overcrowding.
5.5.5.5. To amend section 2 as follows (To amend section 2 as follows (To amend section 2 as follows (To amend section 2 as follows (NOTE: new language is shown as highlighted text, NOTE: new language is shown as highlighted text, NOTE: new language is shown as highlighted text, NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; theslanguage to be deleted is shown by strikeout; theslanguage to be deleted is shown by strikeout; theslanguage to be deleted is shown by strikeout; these methods to denote changes are not e methods to denote changes are not e methods to denote changes are not e methods to denote changes are not
meant to become part of the final text):meant to become part of the final text):meant to become part of the final text):meant to become part of the final text):
RESIDENTIAL WECS RESIDENTIAL WECS RESIDENTIAL WECS RESIDENTIAL WECS ———— A WECS designed or operated to provide energy principally to the A WECS designed or operated to provide energy principally to the A WECS designed or operated to provide energy principally to the A WECS designed or operated to provide energy principally to the
residence and accessory structures located on the lot, or on contiguous lots held in common residence and accessory structures located on the lot, or on contiguous lots held in common residence and accessory structures located on the lot, or on contiguous lots held in common residence and accessory structures located on the lot, or on contiguous lots held in common
ownownownownership ership ership ership which must be combined by either executing a covenant with the Town of Nantucket which must be combined by either executing a covenant with the Town of Nantucket which must be combined by either executing a covenant with the Town of Nantucket which must be combined by either executing a covenant with the Town of Nantucket
or by means of a subdivision plan approved by the Nantucket Planning Boardor by means of a subdivision plan approved by the Nantucket Planning Boardor by means of a subdivision plan approved by the Nantucket Planning Boardor by means of a subdivision plan approved by the Nantucket Planning Board. A WECS . A WECS . A WECS . A WECS
designed or operated to provide more than 50% of its rated energy production for offdesigned or operated to provide more than 50% of its rated energy production for offdesigned or operated to provide more than 50% of its rated energy production for offdesigned or operated to provide more than 50% of its rated energy production for off----site site site site
consumption shall not be considered residential except in cases where such power is consumption shall not be considered residential except in cases where such power is consumption shall not be considered residential except in cases where such power is consumption shall not be considered residential except in cases where such power is
consumed by residences of adjacent property or within 1,000 feet, whichever is greater. consumed by residences of adjacent property or within 1,000 feet, whichever is greater. consumed by residences of adjacent property or within 1,000 feet, whichever is greater. consumed by residences of adjacent property or within 1,000 feet, whichever is greater.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Planning BoardPlanning BoardPlanning BoardPlanning Board
Motion.Motion.Motion.Motion.
ARTICLEARTICLEARTICLEARTICLE 48 48 48 48
(Bylaw Amendment: Poles and Wires, Removal of)
To see if the Town will vote to amend Chapter 113 (Poles and Wires, Removal of) of the
Code of the Town of Nantucket by inserting new sections as follows (NOTE: new language is
shown by 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):
§§§§ 113113113113----5. Information regarding underground facilities.5. Information regarding underground facilities.5. Information regarding underground facilities.5. Information regarding underground facilities.
If any installation of new facilities or replacement facilities for poles and overhead wires and
associated overhead structures required to be removed in any public way or ways within the
Core Districts of the Town of Nantucket or the Village of Siasconset as set forth in § 113-3,
then in connection with such installation, the person or utility installing such facilities
underground (hereafter, a “Party”) shall, prior to installing such facilities or performing any work
related thereto, submit to the Town of Nantucket Board of Selectmen each of the following:
Page 149
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
A. the identity and legal status of the Party, including any parent or affiliated corporation;
B. the address and telephone number of the corporation and the name of the officer, agent or
employee responsible for the accuracy of the submissions to the Town;
C. preliminary engineering plans, specifications and a site plan of the facilities to be located
within the public ways at a scale of one inch equals forty (40) feet which shall show (i) all
property lines, (ii) the exact location of the proposed underground facilities and manholes,
and (iii) existing facilities, streets, landscape features, residential dwellings, and all
buildings located within three hundred feet (300') of the underground facilities prepared by a
Registered Professional Engineer or other qualified professional;
D. a general description of the services to be provided by the Party and information as to the
type and frequency of any equipment and facilities to be installed;
E. the specific trees, structures, fixtures, improvements, facilities and obstructions, if any, that
the Party proposes to temporarily or permanently install, remove, disturb or relocate;
F. a preliminary construction schedule and completion date;
G. a detailed description regarding how much Excess Capacity (defined below)will exist after
the installation of the underground facilities;
H. the names of any persons, utilities or other co-locators or third parties who share or will
share use or ownership of the facilities; and
I. a certificate executed by the Party: (1) containing a detailed description of the efforts taken
to have other utilities and persons co-locate their improvements within the location of the
Party’s underground facilities, including but not limited to any conduit, duct bank, trench or
other location where such facilities are installed; (2) certifying to the Town that the Party
used diligent but unsuccessful efforts to: (i) obtain from other persons or utilities permission
to install or co-locate Party facilities in existing underground facilities or (ii) have such other
persons or utilities co-locate their facilities within a location in common with the Party’s
underground facilities; (3) whether the use of the facilities will wholly provide a public utility
use regulated by the Commonwealth of Massachusetts Department of Telecommunications
(DTC) and Cable or Department of Public Utilities (DPU) and any unregulated uses; (4) the
reasons for the denial of any requested co-location; and (5) whether any appeals to the
DTC or DPU, as applicable, have been made or adjudicated.
§§§§ 113113113113----6. Sharing of Facilities.6. Sharing of Facilities.6. Sharing of Facilities.6. Sharing of Facilities.
Where space in the public ways is finite and held in public trust by the Town, the Town must
manage and conserve the limited physical capacity of the public ways and must protect the
public health, safety and welfare by ensuring that such facilities do not interfere with Town or
emergency uses or services dependent upon the public ways or otherwise incommode the
public. To that end, the Town hereby requires any Party installing, or causing the installation
of, underground facilities, to the extent allowed by law and to the extent it is in the public
interest and technically feasible, to reduce the number of locations for underground facilities,
trenches, independent or solitary conduits and to have such facilities and conduits
consolidated with existing facilities and locations, shared by or in common with others,
including but not limited to requiring installation of duct banks containing Excess Capacity and
co-location of facilities within any duct banks with Excess Capacity, trenches or other locations.
Any Party seeking to install an underground facility in the Core District shall use diligent efforts
to co-locate its facilities into existing underground facilities owned or used by third parties, and
Page 150
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
any person or utility owning or using existing facilities or installing new underground facilities
shall allow any Party to share in the use of its facilities.
§§§§ 113113113113----7. Town use of facilities.7. Town use of facilities.7. Town use of facilities.7. Town use of facilities.
The Town reserves the right to place, free of charge, wires, signal circuits, signal supply
circuits and equipment attached to these circuits belonging to the Town and used by it
exclusively for municipal purposes within any new or existing underground facilities to the
Excess Capacity exists. The Town shall be allowed reasonable access whenever necessary to
place, maintain or remove its wires, cables, circuits and equipment within such facilities where
Excess Capacity exists.
§§§§ 113113113113----8. As8. As8. As8. As----Built Plans.Built Plans.Built Plans.Built Plans.
Within sixty (60) days following any work to install any new or replacement facilities under the
public way or ways within the Core Districts set forth in § 113-3, the person or utility installing
such facilities shall prepare and file with the Board of Selectmen of the Town of Nantucket
complete as-built plans of such facilities and survey, showing the location of such facilities
prepared by a Registered Professional Engineer or other qualified professional.
§§§§ 113113113113----9. Severability.9. Severability.9. Severability.9. Severability.
The provisions of this Chapter 113 are severable and, in any of the sections or provisions
herein are held by any court of competent jurisdiction to be unconstitutional or otherwise
invalid, then the decision of such court shall not affect or impair any of the remaining
provisions, which shall remain in full force and effect.
Or, to take any other action as related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that ChaMoved that ChaMoved that ChaMoved that Chapter 113 (Poles and Wires, Removal of) of pter 113 (Poles and Wires, Removal of) of pter 113 (Poles and Wires, Removal of) of pter 113 (Poles and Wires, Removal of) of
the Code of the Town of Nantucket is hereby amended by inserting new sections as followsthe Code of the Town of Nantucket is hereby amended by inserting new sections as followsthe Code of the Town of Nantucket is hereby amended by inserting new sections as followsthe Code of the Town of Nantucket is hereby amended by inserting new sections as follows
(NOTE:(NOTE:(NOTE:(NOTE: new language is shown by highlighted text; language to be deleted is shown by strike new language is shown by highlighted text; language to be deleted is shown by strike new language is shown by highlighted text; language to be deleted is shown by strike new language is shown by highlighted text; language to be deleted is shown by strike----
out; these methods to denote chaout; these methods to denote chaout; these methods to denote chaout; these methods to denote changes are not meant to become part of the final text):nges are not meant to become part of the final text):nges are not meant to become part of the final text):nges are not meant to become part of the final text):
§§§§ 113113113113----5.5.5.5. Information regarding underground facilities. Information regarding underground facilities. Information regarding underground facilities. Information regarding underground facilities.
If any installation of new facilities or replacement facilities for poles and overhead wires and If any installation of new facilities or replacement facilities for poles and overhead wires and If any installation of new facilities or replacement facilities for poles and overhead wires and If any installation of new facilities or replacement facilities for poles and overhead wires and
associated overhead structures required to be associated overhead structures required to be associated overhead structures required to be associated overhead structures required to be removed in any public way or ways within the removed in any public way or ways within the removed in any public way or ways within the removed in any public way or ways within the
Core Districts of the Town of Nantucket or the Village of Siasconset as set forth in §Core Districts of the Town of Nantucket or the Village of Siasconset as set forth in §Core Districts of the Town of Nantucket or the Village of Siasconset as set forth in §Core Districts of the Town of Nantucket or the Village of Siasconset as set forth in § 113113113113----3, 3, 3, 3,
then in connection with such installation, the person or utility installing such facilities then in connection with such installation, the person or utility installing such facilities then in connection with such installation, the person or utility installing such facilities then in connection with such installation, the person or utility installing such facilities
underground (hereafter, underground (hereafter, underground (hereafter, underground (hereafter, a “Party”) shall, prior to installing such facilities or performing any work a “Party”) shall, prior to installing such facilities or performing any work a “Party”) shall, prior to installing such facilities or performing any work a “Party”) shall, prior to installing such facilities or performing any work
related thereto, submit to the Town of Nantucket Board of Selectmen each of the following:related thereto, submit to the Town of Nantucket Board of Selectmen each of the following:related thereto, submit to the Town of Nantucket Board of Selectmen each of the following:related thereto, submit to the Town of Nantucket Board of Selectmen each of the following:
A.A.A.A. the identity and legal status of the Party, including any parent or affiliated c the identity and legal status of the Party, including any parent or affiliated c the identity and legal status of the Party, including any parent or affiliated c the identity and legal status of the Party, including any parent or affiliated corporation; orporation; orporation; orporation;
B.B.B.B. the address and telephone number of the corporation and the name of the officer, agent the address and telephone number of the corporation and the name of the officer, agent the address and telephone number of the corporation and the name of the officer, agent the address and telephone number of the corporation and the name of the officer, agent
or employee responsible for the accuracy of the submissions to the Town;or employee responsible for the accuracy of the submissions to the Town;or employee responsible for the accuracy of the submissions to the Town;or employee responsible for the accuracy of the submissions to the Town;
Page 151
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
C.C.C.C. preliminary engineering plans, specifications and a site plan of th preliminary engineering plans, specifications and a site plan of th preliminary engineering plans, specifications and a site plan of th preliminary engineering plans, specifications and a site plan of the facilities to be located e facilities to be located e facilities to be located e facilities to be located
within the public ways at a scale of one inch equals forty (40) feet which shall show (i) all within the public ways at a scale of one inch equals forty (40) feet which shall show (i) all within the public ways at a scale of one inch equals forty (40) feet which shall show (i) all within the public ways at a scale of one inch equals forty (40) feet which shall show (i) all
property lines, (ii) the exact location of the proposed underground facilities and manholes, and property lines, (ii) the exact location of the proposed underground facilities and manholes, and property lines, (ii) the exact location of the proposed underground facilities and manholes, and property lines, (ii) the exact location of the proposed underground facilities and manholes, and
(iii) existing facilities, streets, la(iii) existing facilities, streets, la(iii) existing facilities, streets, la(iii) existing facilities, streets, landscape features, residential dwellings, and all buildings ndscape features, residential dwellings, and all buildings ndscape features, residential dwellings, and all buildings ndscape features, residential dwellings, and all buildings
located within three hundred feet (300') of the underground facilities prepared by a Registered located within three hundred feet (300') of the underground facilities prepared by a Registered located within three hundred feet (300') of the underground facilities prepared by a Registered located within three hundred feet (300') of the underground facilities prepared by a Registered
Professional Engineer or other qualified professional;Professional Engineer or other qualified professional;Professional Engineer or other qualified professional;Professional Engineer or other qualified professional;
D.D.D.D. a general description of the services a general description of the services a general description of the services a general description of the services to be provided by the Party and information as to the to be provided by the Party and information as to the to be provided by the Party and information as to the to be provided by the Party and information as to the
type and frequency of any equipment and facilities to be installed;type and frequency of any equipment and facilities to be installed;type and frequency of any equipment and facilities to be installed;type and frequency of any equipment and facilities to be installed;
E.E.E.E. the specific trees, structures, fixtures, improvements, facilities and obstructions, if any, the specific trees, structures, fixtures, improvements, facilities and obstructions, if any, the specific trees, structures, fixtures, improvements, facilities and obstructions, if any, the specific trees, structures, fixtures, improvements, facilities and obstructions, if any,
that the Party proposes to tempothat the Party proposes to tempothat the Party proposes to tempothat the Party proposes to temporarily or permanently install, remove, disturb or relocate;rarily or permanently install, remove, disturb or relocate;rarily or permanently install, remove, disturb or relocate;rarily or permanently install, remove, disturb or relocate;
F.F.F.F. a preliminary construction schedule and completion date; a preliminary construction schedule and completion date; a preliminary construction schedule and completion date; a preliminary construction schedule and completion date;
G.G.G.G. a detailed description regarding how much Excess Capacity (defined a detailed description regarding how much Excess Capacity (defined a detailed description regarding how much Excess Capacity (defined a detailed description regarding how much Excess Capacity (defined as the volume or as the volume or as the volume or as the volume or
capacity in any facility that is not,capacity in any facility that is not,capacity in any facility that is not,capacity in any facility that is not, at the time of the installation of any facility being used or is at the time of the installation of any facility being used or is at the time of the installation of any facility being used or is at the time of the installation of any facility being used or is
not proposed to be used as part of a concrete plan for the future)not proposed to be used as part of a concrete plan for the future)not proposed to be used as part of a concrete plan for the future)not proposed to be used as part of a concrete plan for the future) will exist after the installation will exist after the installation will exist after the installation will exist after the installation
of the underground facilities; of the underground facilities; of the underground facilities; of the underground facilities;
H.H.H.H. the names of any persons, utilities or other co the names of any persons, utilities or other co the names of any persons, utilities or other co the names of any persons, utilities or other co----llllocators or third parties who share or will ocators or third parties who share or will ocators or third parties who share or will ocators or third parties who share or will
share use or ownership of the facilities; andshare use or ownership of the facilities; andshare use or ownership of the facilities; andshare use or ownership of the facilities; and
I.I.I.I. a certificate executed by the Party: a certificate executed by the Party: a certificate executed by the Party: a certificate executed by the Party: (1) containing a detailed description of the efforts (1) containing a detailed description of the efforts (1) containing a detailed description of the efforts (1) containing a detailed description of the efforts
taken to have other utilities and persons cotaken to have other utilities and persons cotaken to have other utilities and persons cotaken to have other utilities and persons co----locate their improvelocate their improvelocate their improvelocate their improvements within the location of the ments within the location of the ments within the location of the ments within the location of the
Party’s underground facilities, including but not limited to any conduit, duct bank, trench or Party’s underground facilities, including but not limited to any conduit, duct bank, trench or Party’s underground facilities, including but not limited to any conduit, duct bank, trench or Party’s underground facilities, including but not limited to any conduit, duct bank, trench or
other location where such facilities are installed; (2) certifying to the Town that the Party used other location where such facilities are installed; (2) certifying to the Town that the Party used other location where such facilities are installed; (2) certifying to the Town that the Party used other location where such facilities are installed; (2) certifying to the Town that the Party used
diligent but unsuccessful effdiligent but unsuccessful effdiligent but unsuccessful effdiligent but unsuccessful efforts to:orts to:orts to:orts to: (i) (i) (i) (i) obtain from other persons or utilities permission to install obtain from other persons or utilities permission to install obtain from other persons or utilities permission to install obtain from other persons or utilities permission to install
or coor coor coor co----locate Party facilities in existing underground facilities or (ii) have such other persons or locate Party facilities in existing underground facilities or (ii) have such other persons or locate Party facilities in existing underground facilities or (ii) have such other persons or locate Party facilities in existing underground facilities or (ii) have such other persons or
utilities coutilities coutilities coutilities co----locate their facilities within a location in common with the Party’slocate their facilities within a location in common with the Party’slocate their facilities within a location in common with the Party’slocate their facilities within a location in common with the Party’s underground underground underground underground
facilities; (3) whether the use of the facilities will wholly provide a public utility use regulated by facilities; (3) whether the use of the facilities will wholly provide a public utility use regulated by facilities; (3) whether the use of the facilities will wholly provide a public utility use regulated by facilities; (3) whether the use of the facilities will wholly provide a public utility use regulated by
the Commonwealth of Massachusetts Department of Telecommunications (DTC) and Cable or the Commonwealth of Massachusetts Department of Telecommunications (DTC) and Cable or the Commonwealth of Massachusetts Department of Telecommunications (DTC) and Cable or the Commonwealth of Massachusetts Department of Telecommunications (DTC) and Cable or
Department of Public Utilities (DPU) and any unregulaDepartment of Public Utilities (DPU) and any unregulaDepartment of Public Utilities (DPU) and any unregulaDepartment of Public Utilities (DPU) and any unregulated uses; (4) the reasons for the denial ted uses; (4) the reasons for the denial ted uses; (4) the reasons for the denial ted uses; (4) the reasons for the denial
of any requested coof any requested coof any requested coof any requested co----location; and (5)location; and (5)location; and (5)location; and (5) whether any appeals to the DTC or DPU, as applicable, whether any appeals to the DTC or DPU, as applicable, whether any appeals to the DTC or DPU, as applicable, whether any appeals to the DTC or DPU, as applicable,
have been made or adjudicated.have been made or adjudicated.have been made or adjudicated.have been made or adjudicated.
§§§§ 113113113113----6.6.6.6. Sharing of Facilities. Sharing of Facilities. Sharing of Facilities. Sharing of Facilities.
Where space in the public ways is finite and held in pubWhere space in the public ways is finite and held in pubWhere space in the public ways is finite and held in pubWhere space in the public ways is finite and held in public trust by the Town, the Town must lic trust by the Town, the Town must lic trust by the Town, the Town must lic trust by the Town, the Town must
manage and conserve the limited physical capacity of the public ways and must protect the manage and conserve the limited physical capacity of the public ways and must protect the manage and conserve the limited physical capacity of the public ways and must protect the manage and conserve the limited physical capacity of the public ways and must protect the
public health, safety and welfare by ensuring that such facilities do not interfere with Town or public health, safety and welfare by ensuring that such facilities do not interfere with Town or public health, safety and welfare by ensuring that such facilities do not interfere with Town or public health, safety and welfare by ensuring that such facilities do not interfere with Town or
emergency uses or services depenemergency uses or services depenemergency uses or services depenemergency uses or services dependent upon the public ways or otherwise incommode the dent upon the public ways or otherwise incommode the dent upon the public ways or otherwise incommode the dent upon the public ways or otherwise incommode the
public.public.public.public. To that end, the Town hereby requires To that end, the Town hereby requires To that end, the Town hereby requires To that end, the Town hereby requires any Party installing, or causing the installation any Party installing, or causing the installation any Party installing, or causing the installation any Party installing, or causing the installation
of, underground facilities, to the extent allowed by law and to the extent it is in the public of, underground facilities, to the extent allowed by law and to the extent it is in the public of, underground facilities, to the extent allowed by law and to the extent it is in the public of, underground facilities, to the extent allowed by law and to the extent it is in the public
interest aninterest aninterest aninterest and technically feasible, to reduced technically feasible, to reduced technically feasible, to reduced technically feasible, to reduce the number ofthe number ofthe number ofthe number of locations for underground facilities, locations for underground facilities, locations for underground facilities, locations for underground facilities,
trenches,trenches,trenches,trenches, independent or solitaryindependent or solitaryindependent or solitaryindependent or solitary conduits and to have such facilitiesconduits and to have such facilitiesconduits and to have such facilitiesconduits and to have such facilities and conduits and conduits and conduits and conduits
consolidatedconsolidatedconsolidatedconsolidated with existing facilities andwith existing facilities andwith existing facilities andwith existing facilities and locations, shared by or in common with otherlocations, shared by or in common with otherlocations, shared by or in common with otherlocations, shared by or in common with others, s, s, s,
Page 152
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
including but not limited to requiring installation of duct banks containing Excess Capacity and including but not limited to requiring installation of duct banks containing Excess Capacity and including but not limited to requiring installation of duct banks containing Excess Capacity and including but not limited to requiring installation of duct banks containing Excess Capacity and
cocococo----location of facilitieslocation of facilitieslocation of facilitieslocation of facilities within any duct banks with Excess Capacity, trenches or other within any duct banks with Excess Capacity, trenches or other within any duct banks with Excess Capacity, trenches or other within any duct banks with Excess Capacity, trenches or other
locations.locations.locations.locations. Any Party seeking to install an underground facility in Any Party seeking to install an underground facility in Any Party seeking to install an underground facility in Any Party seeking to install an underground facility in the Core District shall use the Core District shall use the Core District shall use the Core District shall use
diligent efforts to codiligent efforts to codiligent efforts to codiligent efforts to co----locate its facilities into existing underground facilities owned or used by locate its facilities into existing underground facilities owned or used by locate its facilities into existing underground facilities owned or used by locate its facilities into existing underground facilities owned or used by
third parties, and any person or utility owning or using existing facilities or installing new third parties, and any person or utility owning or using existing facilities or installing new third parties, and any person or utility owning or using existing facilities or installing new third parties, and any person or utility owning or using existing facilities or installing new
underground facilities shall allowunderground facilities shall allowunderground facilities shall allowunderground facilities shall allow any Party to share in the use of its facilities. any Party to share in the use of its facilities. any Party to share in the use of its facilities. any Party to share in the use of its facilities.
§§§§ 113113113113----7.7.7.7. Town use of facilities. Town use of facilities. Town use of facilities. Town use of facilities.
The Town reserves the right to place, free of charge, wires, signal circuits, signal supply The Town reserves the right to place, free of charge, wires, signal circuits, signal supply The Town reserves the right to place, free of charge, wires, signal circuits, signal supply The Town reserves the right to place, free of charge, wires, signal circuits, signal supply
circuits and equipment attached to these circuits belonging to the Town and uscircuits and equipment attached to these circuits belonging to the Town and uscircuits and equipment attached to these circuits belonging to the Town and uscircuits and equipment attached to these circuits belonging to the Town and used by it ed by it ed by it ed by it
exclusively for municipal purposes within any new or existing underground facilities to exclusively for municipal purposes within any new or existing underground facilities to exclusively for municipal purposes within any new or existing underground facilities to exclusively for municipal purposes within any new or existing underground facilities to
thethethethe extentextentextentextent Excess Capacity exists. Excess Capacity exists. Excess Capacity exists. Excess Capacity exists. The Town shall be allowed reasonable access whenever The Town shall be allowed reasonable access whenever The Town shall be allowed reasonable access whenever The Town shall be allowed reasonable access whenever
necessary to place, maintain or remove its wires, cables, circuits annecessary to place, maintain or remove its wires, cables, circuits annecessary to place, maintain or remove its wires, cables, circuits annecessary to place, maintain or remove its wires, cables, circuits and equipment within such d equipment within such d equipment within such d equipment within such
facilities where Excess Capacity exists.facilities where Excess Capacity exists.facilities where Excess Capacity exists.facilities where Excess Capacity exists.
§§§§ 113113113113----8.8.8.8. As As As As----Built Plans. Built Plans. Built Plans. Built Plans.
Within sixty (60) days following any work to install any new or replacement facilities under the Within sixty (60) days following any work to install any new or replacement facilities under the Within sixty (60) days following any work to install any new or replacement facilities under the Within sixty (60) days following any work to install any new or replacement facilities under the
public way or ways within the Core Districts set forth in §public way or ways within the Core Districts set forth in §public way or ways within the Core Districts set forth in §public way or ways within the Core Districts set forth in § 113113113113----3333, the person or utility installing , the person or utility installing , the person or utility installing , the person or utility installing
such facilities shall prepare and file with the Board of Selectmen of the Town of Nantucket such facilities shall prepare and file with the Board of Selectmen of the Town of Nantucket such facilities shall prepare and file with the Board of Selectmen of the Town of Nantucket such facilities shall prepare and file with the Board of Selectmen of the Town of Nantucket
complete ascomplete ascomplete ascomplete as----built plans of such facilities and survey, showing the location of such facilities built plans of such facilities and survey, showing the location of such facilities built plans of such facilities and survey, showing the location of such facilities built plans of such facilities and survey, showing the location of such facilities
prepared by a Registered Professioprepared by a Registered Professioprepared by a Registered Professioprepared by a Registered Professional Engineer or other qualified professional.nal Engineer or other qualified professional.nal Engineer or other qualified professional.nal Engineer or other qualified professional.
§§§§ 113113113113----9.9.9.9. Severability. Severability. Severability. Severability.
The provisions of this Chapter 113 are severable and, in any of the sections or provisions The provisions of this Chapter 113 are severable and, in any of the sections or provisions The provisions of this Chapter 113 are severable and, in any of the sections or provisions The provisions of this Chapter 113 are severable and, in any of the sections or provisions
herein are held by any court of competent jurisdiction to be unconstitutional or otherwise herein are held by any court of competent jurisdiction to be unconstitutional or otherwise herein are held by any court of competent jurisdiction to be unconstitutional or otherwise herein are held by any court of competent jurisdiction to be unconstitutional or otherwise
ininininvalid, then the decision of such court shall not affect or impair any of the remaining valid, then the decision of such court shall not affect or impair any of the remaining valid, then the decision of such court shall not affect or impair any of the remaining valid, then the decision of such court shall not affect or impair any of the remaining
provisions, which shall remain in full force and effect.provisions, which shall remain in full force and effect.provisions, which shall remain in full force and effect.provisions, which shall remain in full force and effect.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 49 49 49 49
(Bylaw Amendment: Peace and Good Order)
To see if the Town will vote to amend Chapter 105 (Peace and Good Order) of the Code
of the Town of Nantucket by adding a new Article VI as follows:
ARTICLE VIARTICLE VIARTICLE VIARTICLE VI
Controlled SubstancesControlled SubstancesControlled SubstancesControlled Substances
§ 105§ 105§ 105§ 105----23 Prohibited Acts.23 Prohibited Acts.23 Prohibited Acts.23 Prohibited Acts.
A. No person shall smoke, ingest, or otherwise use or consume marihuana or
tetrahydrocannabinol (as defined in G.L. c. 94C, § 1, as amended) while in or upon any street,
sidewalk, public way, footway, passageway stairs, bridge, park, playground, beach, recreation
area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any
Page 153
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
area owned by or under the control of the Town; or in or upon any bus or other passenger
conveyance operated by a common carrier; or in any place accessible to the public.
B. No person shall smoke or consume in any manner, any controlled substance
as defined in Massachusetts General Law Chapter 94C upon any private land or
place without the consent of the owner or person in control of such land.
§ 105§ 105§ 105§ 105----24 Enforcement.24 Enforcement.24 Enforcement.24 Enforcement.
A. This Article VI may be enforced through any lawful means in law or in equity including, but
not limited to, enforcement by criminal indictment or complaint pursuant to G.L. c. 40 § 21, or
by noncriminal disposition pursuant to G.L. c. 40, § 21D, by the Board of Selectmen, the Town
Administrator, or their duly authorized agents, or any police officer. In addition, any violation of
this Article VI shall be deemed a breach of the peace. The fine for violation of this Article VI
shall be three hundred dollars ($300) for each offense. Any penalty imposed under this by-law
shall be in addition to any civil penalty imposed under G.L. c. 94C, § 32L.
§ 105§ 105§ 105§ 105----25 Seizure of Controlled Substances.25 Seizure of Controlled Substances.25 Seizure of Controlled Substances.25 Seizure of Controlled Substances.
All controlled substances being used in violation of this article may be seized and
held until final adjudication in court whereupon they will be destroyed by the
Police Department.
Or, to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Chapter 105 (Peace and Good Order) of the FINANCE COMMITTEE MOTION: Moved that Chapter 105 (Peace and Good Order) of the FINANCE COMMITTEE MOTION: Moved that Chapter 105 (Peace and Good Order) of the FINANCE COMMITTEE MOTION: Moved that Chapter 105 (Peace and Good Order) of the
Code of the Town of Nantucket Code of the Town of Nantucket Code of the Town of Nantucket Code of the Town of Nantucket is hereby amended by adding a new Article VI as follows:is hereby amended by adding a new Article VI as follows:is hereby amended by adding a new Article VI as follows:is hereby amended by adding a new Article VI as follows:
ARTICLE VIARTICLE VIARTICLE VIARTICLE VI
Controlled SubstancesControlled SubstancesControlled SubstancesControlled Substances
§ 105§ 105§ 105§ 105----23 Prohibited Acts.23 Prohibited Acts.23 Prohibited Acts.23 Prohibited Acts.
A. No person shall smoke, ingest, or otherwise use or consume marihuana or A. No person shall smoke, ingest, or otherwise use or consume marihuana or A. No person shall smoke, ingest, or otherwise use or consume marihuana or A. No person shall smoke, ingest, or otherwise use or consume marihuana or
tetrahydrocannabinol (as defined in G.L. c. 94C, §tetrahydrocannabinol (as defined in G.L. c. 94C, §tetrahydrocannabinol (as defined in G.L. c. 94C, §tetrahydrocannabinol (as defined in G.L. c. 94C, § 1, as ame 1, as ame 1, as ame 1, as amended) while in or upon any street, nded) while in or upon any street, nded) while in or upon any street, nded) while in or upon any street,
sidewalk, public way, footway, passageway stairs, bridge, park, playground, beach, recreation sidewalk, public way, footway, passageway stairs, bridge, park, playground, beach, recreation sidewalk, public way, footway, passageway stairs, bridge, park, playground, beach, recreation sidewalk, public way, footway, passageway stairs, bridge, park, playground, beach, recreation
area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any
area owned by or under the contarea owned by or under the contarea owned by or under the contarea owned by or under the control of the Town; or in or upon any bus or other passenger rol of the Town; or in or upon any bus or other passenger rol of the Town; or in or upon any bus or other passenger rol of the Town; or in or upon any bus or other passenger
conveyance operated by a common carrier; or in any place accessible to the public.conveyance operated by a common carrier; or in any place accessible to the public.conveyance operated by a common carrier; or in any place accessible to the public.conveyance operated by a common carrier; or in any place accessible to the public.
B. No person shall smokeB. No person shall smokeB. No person shall smokeB. No person shall smoke, , , , ingest, or otherwise use or consume marihuana or ingest, or otherwise use or consume marihuana or ingest, or otherwise use or consume marihuana or ingest, or otherwise use or consume marihuana or
tetrahydrocannabinol (as defined in G.tetrahydrocannabinol (as defined in G.tetrahydrocannabinol (as defined in G.tetrahydrocannabinol (as defined in G.L. c. 94C, §L. c. 94C, §L. c. 94C, §L. c. 94C, § 1, as amended) 1, as amended) 1, as amended) 1, as amended) upon any private land or upon any private land or upon any private land or upon any private land or
place without the consent of the owner or person in control of such land.place without the consent of the owner or person in control of such land.place without the consent of the owner or person in control of such land.place without the consent of the owner or person in control of such land.
§ 105§ 105§ 105§ 105----24 Enforcement.24 Enforcement.24 Enforcement.24 Enforcement.
Page 154
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
A.A.A.A. This Article VI may be enforced through any lawful means in law or in equity including, but This Article VI may be enforced through any lawful means in law or in equity including, but This Article VI may be enforced through any lawful means in law or in equity including, but This Article VI may be enforced through any lawful means in law or in equity including, but
not limited to, enforcement by criminal indictment or complaint pursuant to G.L. c. 40 §not limited to, enforcement by criminal indictment or complaint pursuant to G.L. c. 40 §not limited to, enforcement by criminal indictment or complaint pursuant to G.L. c. 40 §not limited to, enforcement by criminal indictment or complaint pursuant to G.L. c. 40 § 21, or 21, or 21, or 21, or
by noncriminal disposition pursuant to G.L. c. 40, §by noncriminal disposition pursuant to G.L. c. 40, §by noncriminal disposition pursuant to G.L. c. 40, §by noncriminal disposition pursuant to G.L. c. 40, § 21D, by the Bo21D, by the Bo21D, by the Bo21D, by the Board of Selectmen, the Town ard of Selectmen, the Town ard of Selectmen, the Town ard of Selectmen, the Town
Administrator, or their duly authorized agents, or any police officer. In addition, any violation of Administrator, or their duly authorized agents, or any police officer. In addition, any violation of Administrator, or their duly authorized agents, or any police officer. In addition, any violation of Administrator, or their duly authorized agents, or any police officer. In addition, any violation of
this Article VI shall be deemed a breach of the peace. The fine for violation of this Article VI this Article VI shall be deemed a breach of the peace. The fine for violation of this Article VI this Article VI shall be deemed a breach of the peace. The fine for violation of this Article VI this Article VI shall be deemed a breach of the peace. The fine for violation of this Article VI
shall be three hundred dollarshall be three hundred dollarshall be three hundred dollarshall be three hundred dollars ($300) for each offense. Any penalty imposed under this bys ($300) for each offense. Any penalty imposed under this bys ($300) for each offense. Any penalty imposed under this bys ($300) for each offense. Any penalty imposed under this by----law law law law
shall be in addition to any civil penalty imposed under G.L. c. 94C, §shall be in addition to any civil penalty imposed under G.L. c. 94C, §shall be in addition to any civil penalty imposed under G.L. c. 94C, §shall be in addition to any civil penalty imposed under G.L. c. 94C, § 32L.32L.32L.32L.
§ 105§ 105§ 105§ 105----25 Seizure of Controlled Substances.25 Seizure of Controlled Substances.25 Seizure of Controlled Substances.25 Seizure of Controlled Substances.
All controlled substances being used in violation of this article mayAll controlled substances being used in violation of this article mayAll controlled substances being used in violation of this article mayAll controlled substances being used in violation of this article may be seized and be seized and be seized and be seized and
held until final adjudication in court whereupon they will be destroyed by theheld until final adjudication in court whereupon they will be destroyed by theheld until final adjudication in court whereupon they will be destroyed by theheld until final adjudication in court whereupon they will be destroyed by the
Police Department.Police Department.Police Department.Police Department.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 50 50 50 50
(Bylaw Amendment: Shellfish, Taking of)
To see if the Town will vote to amend Chapter 122 (Shellfish, Taking of) of the Code of
the Town of Nantucket as follows (NOTE: new language is shown by 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):
§ 122§ 122§ 122§ 122----2. Permit conditions. 2. Permit conditions. 2. Permit conditions. 2. Permit conditions.
No person shall receive a permit from the Selectmen for the taking of shellfish unless under the
following conditions, viz (for commercial use):
A. The applicant shall be at least 14 years of age.
B. The applicant must live in the Town of Nantucket for at least one year and maintain a
domicile therein.
C. The applicant shall pay as a fee for said permit a sum to be set by the Selectmen from time
to time, except that there shall be no fee charged to any resident applicant over 60 years of
age who does not hold a state commercial permit and agrees not to sell his/her catch in the
commercial market. The Selectmen may set fees for commercial and family licenses.
D. The applicant shall complete the permit application and submit it to the Harbor and Shellfish
Advisory Board, or its designee, for its review, together with any additional information or
documentation requested by it to demonstrate eligibility. The applicant shall have the
burden of demonstrating eligibility to the satisfaction of the aforementioned Board or its
designee. Upon receipt of a completed application, the Board shall make a
recommendation to the Selectmen with respect to the issuance of the permit. This shall be
done within 30 business days.
E. Applications for commercial scalloping permits shall be filed between January 1 and March
Page 155
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
31 for the season beginning the following November 1. Late applications shall be subject to
the following penalty: the permit shall be effective either as of December 1, or as of the 30th
day after the date of application, whichever is later.
§ 122§ 122§ 122§ 122----5. Establishment of limits. 5. Establishment of limits. 5. Establishment of limits. 5. Establishment of limits.
The Selectmen shall, from time to time and with advice from the Harbor and Shellfish Advisory
Board, establish limits of takings for commercial license holders and for family license holders
and shall fix the same limits having due regard and consideration for the then-current supply
and conditions for the propagation of shellfish.
§ 122§ 122§ 122§ 122----8. Days and hour8. Days and hour8. Days and hour8. Days and hours to be fixed. s to be fixed. s to be fixed. s to be fixed.
The Selectmen shall, from time to time and with advice from the Harbor and Shellfish Advisory
Board, fix the days and hours during which shellfish may be taken and shall fix the same
having regard for the supply of and conditions for the propagation of shellfish and may
establish places for landing shellfish taken under a commercial license.
§ 122§ 122§ 122§ 122----14. Violations and penalties. 14. Violations and penalties. 14. Violations and penalties. 14. Violations and penalties.
A. Whoever takes any shellfish from the waters of said Town, except for family use as
aforesaid or except as otherwise allowed by law, shall be liable to a penalty of not less than
$10 nor more than $50.
B. Whoever takes any shellfish from the waters in said Town without such permit, except for
family use as aforesaid, or contrary to the provisions of such permit shall be liable to a
penalty of not less than $10 nor more than $50.
C. Any person taking scallops other than adult scallops from the flats or tide waters of said
Town shall be liable to a fine of $25.
D. No person is allowed by law to take from the waters of said Town or to sell or to offer for
sale or to have in his possession any quahogs measuring not less than two inches across
one inch thick, clams measuring not less than two inches across and oysters measuring not
less than three inches across or along the widest part. Any person violating this provision of
law shall be liable to a fine of not less than $10 and not more than $50.
E. Any holder of a commercial license who shall violate these rules and regulations or any
other rule or regulation established hereunder, in addition to any other penalties, shall have
said license or permit suspended by the Shellfish Warden for not less than one day for a
first offense and not less than five days for any succeeding offense.
§122§122§122§122----17. Emergency Situ17. Emergency Situ17. Emergency Situ17. Emergency Situations.ations.ations.ations.
Except for emergency situations, the Selectmen shall make every effort to consult with the
Harbor and Shellfish Advisory Board prior to enacting or amending any regulation affecting
shellfish.
Or, to take any other action related thereto.
Page 156
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Chapter 122 (Shellfish, Taking of) of the Code FINANCE COMMITTEE MOTION: Moved that Chapter 122 (Shellfish, Taking of) of the Code FINANCE COMMITTEE MOTION: Moved that Chapter 122 (Shellfish, Taking of) of the Code FINANCE COMMITTEE MOTION: Moved that Chapter 122 (Shellfish, Taking of) of the Code
of the Town of Nantucket of the Town of Nantucket of the Town of Nantucket of the Town of Nantucket is hereby amended is hereby amended is hereby amended is hereby amended as follows as follows as follows as follows (NOTE: new language is shown by (NOTE: new language is shown by (NOTE: new language is shown by (NOTE: new language is shown by
highlighted text; language to be deleted is shown by strikeout; these highlighted text; language to be deleted is shown by strikeout; these highlighted text; language to be deleted is shown by strikeout; these highlighted text; language to be deleted is shown by strikeout; these methods to denote methods to denote methods to denote methods to denote
changes are not meant to become part of the final text):changes are not meant to become part of the final text):changes are not meant to become part of the final text):changes are not meant to become part of the final text):
§ 122§ 122§ 122§ 122----2. Permit conditions. 2. Permit conditions. 2. Permit conditions. 2. Permit conditions.
No person shall receive a permit from the Selectmen for the taking of shellfish unless under the No person shall receive a permit from the Selectmen for the taking of shellfish unless under the No person shall receive a permit from the Selectmen for the taking of shellfish unless under the No person shall receive a permit from the Selectmen for the taking of shellfish unless under the
following conditions, viz (for commercial use): following conditions, viz (for commercial use): following conditions, viz (for commercial use): following conditions, viz (for commercial use):
A.A.A.A. TTTThe applicant shall be at least 14 years of age. he applicant shall be at least 14 years of age. he applicant shall be at least 14 years of age. he applicant shall be at least 14 years of age.
B.B.B.B. The applicant must live in the Town of Nantucket for at least one year and maintain a The applicant must live in the Town of Nantucket for at least one year and maintain a The applicant must live in the Town of Nantucket for at least one year and maintain a The applicant must live in the Town of Nantucket for at least one year and maintain a
domicile therein. domicile therein. domicile therein. domicile therein.
C.C.C.C. The applicant shall pay as a fee for said permit a sum to be set by the Selectmen from time The applicant shall pay as a fee for said permit a sum to be set by the Selectmen from time The applicant shall pay as a fee for said permit a sum to be set by the Selectmen from time The applicant shall pay as a fee for said permit a sum to be set by the Selectmen from time
totototo time, except that there shall be no fee charged to any resident applicant over 60 years of time, except that there shall be no fee charged to any resident applicant over 60 years of time, except that there shall be no fee charged to any resident applicant over 60 years of time, except that there shall be no fee charged to any resident applicant over 60 years of
age who does not hold a state commercial permit and agrees not to sell his/her catch in the age who does not hold a state commercial permit and agrees not to sell his/her catch in the age who does not hold a state commercial permit and agrees not to sell his/her catch in the age who does not hold a state commercial permit and agrees not to sell his/her catch in the
commercial market. The Selectmen may set fees for commercial and family commercial market. The Selectmen may set fees for commercial and family commercial market. The Selectmen may set fees for commercial and family commercial market. The Selectmen may set fees for commercial and family licenses. licenses. licenses. licenses.
D.D.D.D. The applicant shall complete the permit application and submit it to the Harbor and Shellfish The applicant shall complete the permit application and submit it to the Harbor and Shellfish The applicant shall complete the permit application and submit it to the Harbor and Shellfish The applicant shall complete the permit application and submit it to the Harbor and Shellfish
Advisory BoardAdvisory BoardAdvisory BoardAdvisory Board, or its designee,, or its designee,, or its designee,, or its designee, for its review, together with any additional information or for its review, together with any additional information or for its review, together with any additional information or for its review, together with any additional information or
documentation requested by it to demonstrate eligibilidocumentation requested by it to demonstrate eligibilidocumentation requested by it to demonstrate eligibilidocumentation requested by it to demonstrate eligibility. The applicant shall have the ty. The applicant shall have the ty. The applicant shall have the ty. The applicant shall have the
burden of demonstrating eligibility to the satisfaction of the aforementioned Board burden of demonstrating eligibility to the satisfaction of the aforementioned Board burden of demonstrating eligibility to the satisfaction of the aforementioned Board burden of demonstrating eligibility to the satisfaction of the aforementioned Board or its or its or its or its
designee.designee.designee.designee. Upon receipt of a completed application, the Board shall make a Upon receipt of a completed application, the Board shall make a Upon receipt of a completed application, the Board shall make a Upon receipt of a completed application, the Board shall make a
recommendation to the Selectmen with respect to the issuanrecommendation to the Selectmen with respect to the issuanrecommendation to the Selectmen with respect to the issuanrecommendation to the Selectmen with respect to the issuance of the permit. This shall be ce of the permit. This shall be ce of the permit. This shall be ce of the permit. This shall be
done within 30 business days. done within 30 business days. done within 30 business days. done within 30 business days.
E.E.E.E. Applications for commercial scalloping permits shall be filed between January 1 and March Applications for commercial scalloping permits shall be filed between January 1 and March Applications for commercial scalloping permits shall be filed between January 1 and March Applications for commercial scalloping permits shall be filed between January 1 and March
31 for the season beginning the following November 1. Late applications shall be subject to 31 for the season beginning the following November 1. Late applications shall be subject to 31 for the season beginning the following November 1. Late applications shall be subject to 31 for the season beginning the following November 1. Late applications shall be subject to
the folthe folthe folthe following penalty: the permit shall be effective either as of December 1, or as of the 30th lowing penalty: the permit shall be effective either as of December 1, or as of the 30th lowing penalty: the permit shall be effective either as of December 1, or as of the 30th lowing penalty: the permit shall be effective either as of December 1, or as of the 30th
day after the date of application, whichever is later.day after the date of application, whichever is later.day after the date of application, whichever is later.day after the date of application, whichever is later.
§ 122§ 122§ 122§ 122----5. Establishment of limits. 5. Establishment of limits. 5. Establishment of limits. 5. Establishment of limits.
The Selectmen shall, from time to timeThe Selectmen shall, from time to timeThe Selectmen shall, from time to timeThe Selectmen shall, from time to time and with advice from the Harbor andand with advice from the Harbor andand with advice from the Harbor andand with advice from the Harbor and Shellfish Advisory Shellfish Advisory Shellfish Advisory Shellfish Advisory
Board,Board,Board,Board, establish limits of takings for commercial license holders and for family license holders establish limits of takings for commercial license holders and for family license holders establish limits of takings for commercial license holders and for family license holders establish limits of takings for commercial license holders and for family license holders
and shall fix the same limits having due regard and consideration for the thenand shall fix the same limits having due regard and consideration for the thenand shall fix the same limits having due regard and consideration for the thenand shall fix the same limits having due regard and consideration for the then----current supply current supply current supply current supply
and conditions for the propagation of shellfiand conditions for the propagation of shellfiand conditions for the propagation of shellfiand conditions for the propagation of shellfish. sh. sh. sh.
§ 122§ 122§ 122§ 122----8. Days and hours to be fixed. 8. Days and hours to be fixed. 8. Days and hours to be fixed. 8. Days and hours to be fixed.
The Selectmen shall, from time to timeThe Selectmen shall, from time to timeThe Selectmen shall, from time to timeThe Selectmen shall, from time to time and with advice from the Harbor and Shellfish Advisory and with advice from the Harbor and Shellfish Advisory and with advice from the Harbor and Shellfish Advisory and with advice from the Harbor and Shellfish Advisory
Board,Board,Board,Board, fix the days and hours during which shellfish may be taken and shall fix the same fix the days and hours during which shellfish may be taken and shall fix the same fix the days and hours during which shellfish may be taken and shall fix the same fix the days and hours during which shellfish may be taken and shall fix the same
having regard for the supplhaving regard for the supplhaving regard for the supplhaving regard for the supply of and conditions for the propagation of shellfish and may y of and conditions for the propagation of shellfish and may y of and conditions for the propagation of shellfish and may y of and conditions for the propagation of shellfish and may
establish places for landing shellfish taken under a commercial license. establish places for landing shellfish taken under a commercial license. establish places for landing shellfish taken under a commercial license. establish places for landing shellfish taken under a commercial license.
§ 122§ 122§ 122§ 122----14. Violations and penalties. 14. Violations and penalties. 14. Violations and penalties. 14. Violations and penalties.
Page 157
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
A.A.A.A. Whoever takes any shellfish from the waters of said Town, except for family usWhoever takes any shellfish from the waters of said Town, except for family usWhoever takes any shellfish from the waters of said Town, except for family usWhoever takes any shellfish from the waters of said Town, except for family use as e as e as e as
aforesaid or except as otherwise allowed by law, shall be liable to a penalty of not less than aforesaid or except as otherwise allowed by law, shall be liable to a penalty of not less than aforesaid or except as otherwise allowed by law, shall be liable to a penalty of not less than aforesaid or except as otherwise allowed by law, shall be liable to a penalty of not less than
$10 nor more than $50. $10 nor more than $50. $10 nor more than $50. $10 nor more than $50.
B.B.B.B. Whoever takes any shellfish from the waters in said Town without such permit, except for Whoever takes any shellfish from the waters in said Town without such permit, except for Whoever takes any shellfish from the waters in said Town without such permit, except for Whoever takes any shellfish from the waters in said Town without such permit, except for
family use as aforesaid, or contrary tofamily use as aforesaid, or contrary tofamily use as aforesaid, or contrary tofamily use as aforesaid, or contrary to the provisions of such permit shall be liable to a the provisions of such permit shall be liable to a the provisions of such permit shall be liable to a the provisions of such permit shall be liable to a
penalty of not less than $10 nor more than $50. penalty of not less than $10 nor more than $50. penalty of not less than $10 nor more than $50. penalty of not less than $10 nor more than $50.
C.C.C.C. Any person taking scallops other than adult scallops from the flats or tide waters of said Any person taking scallops other than adult scallops from the flats or tide waters of said Any person taking scallops other than adult scallops from the flats or tide waters of said Any person taking scallops other than adult scallops from the flats or tide waters of said
Town shall be liable to a fine of $25. Town shall be liable to a fine of $25. Town shall be liable to a fine of $25. Town shall be liable to a fine of $25.
D.D.D.D. No person is allNo person is allNo person is allNo person is allowed by law to take from the waters of said Town or to sell or to offer for owed by law to take from the waters of said Town or to sell or to offer for owed by law to take from the waters of said Town or to sell or to offer for owed by law to take from the waters of said Town or to sell or to offer for
sale or to have in his possession any quahogs measuring not less than sale or to have in his possession any quahogs measuring not less than sale or to have in his possession any quahogs measuring not less than sale or to have in his possession any quahogs measuring not less than two inches acrosstwo inches acrosstwo inches acrosstwo inches across
one inch thick,one inch thick,one inch thick,one inch thick, clams measuring not less than two inches across and oysters measuring not clams measuring not less than two inches across and oysters measuring not clams measuring not less than two inches across and oysters measuring not clams measuring not less than two inches across and oysters measuring not
leleleless than three inches across or along the widest part. Any person violating this provision of ss than three inches across or along the widest part. Any person violating this provision of ss than three inches across or along the widest part. Any person violating this provision of ss than three inches across or along the widest part. Any person violating this provision of
law shall be liable to a fine of not less than $10 and not more than $50. law shall be liable to a fine of not less than $10 and not more than $50. law shall be liable to a fine of not less than $10 and not more than $50. law shall be liable to a fine of not less than $10 and not more than $50.
E.E.E.E. Any holder of a commercial license who shall violate these rules and regulations or Any holder of a commercial license who shall violate these rules and regulations or Any holder of a commercial license who shall violate these rules and regulations or Any holder of a commercial license who shall violate these rules and regulations or any any any any
other rule or regulation established hereunder, in addition to any other penalties, shall have other rule or regulation established hereunder, in addition to any other penalties, shall have other rule or regulation established hereunder, in addition to any other penalties, shall have other rule or regulation established hereunder, in addition to any other penalties, shall have
said license or permit suspended by the Shellfish Warden for not less than one day for a said license or permit suspended by the Shellfish Warden for not less than one day for a said license or permit suspended by the Shellfish Warden for not less than one day for a said license or permit suspended by the Shellfish Warden for not less than one day for a
first offense and not less than five days for any succeeding offensefirst offense and not less than five days for any succeeding offensefirst offense and not less than five days for any succeeding offensefirst offense and not less than five days for any succeeding offense. . . .
§122§122§122§122----17. Emergency Situations.17. Emergency Situations.17. Emergency Situations.17. Emergency Situations.
Except for emergency situations, the Selectmen shall make every effort to consult with the Except for emergency situations, the Selectmen shall make every effort to consult with the Except for emergency situations, the Selectmen shall make every effort to consult with the Except for emergency situations, the Selectmen shall make every effort to consult with the
Harbor and Shellfish Advisory Board prior to enacting or amending any regulation affecting Harbor and Shellfish Advisory Board prior to enacting or amending any regulation affecting Harbor and Shellfish Advisory Board prior to enacting or amending any regulation affecting Harbor and Shellfish Advisory Board prior to enacting or amending any regulation affecting
shellfish.shellfish.shellfish.shellfish.
BOARD OF SELECTMEN COMMENTBOARD OF SELECTMEN COMMENTBOARD OF SELECTMEN COMMENTBOARD OF SELECTMEN COMMENT:::: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 51ARTICLE 51ARTICLE 51ARTICLE 51
(Bylaw Amendment: Signs, Satellite Dishes, Rooflines)
To see if the town will vote to amend Article II of Chapter 124, section 125-6 in the Town
of Nantucket General Code to read as follows:
Pursuant to Section 9 (g) of the Nantucket Historic District Act (Chapter 395 of the Acts of
1970, as amended), every satellite receive-only antenna or every other type of freestanding
antenna, including any solar collector including any solar collector including any solar collector including any solar collector ---- whether for so whether for so whether for so whether for solar photovoltaic (electricity) or solar lar photovoltaic (electricity) or solar lar photovoltaic (electricity) or solar lar photovoltaic (electricity) or solar
thermal collectors (heat and hot waterthermal collectors (heat and hot waterthermal collectors (heat and hot waterthermal collectors (heat and hot water) - is to be considered and treated by the Historic District
Commission as a structure within the meaning of Section 2A of the Act (“’Structure,’ a
combination of materials other than a building, including but not limited to sign, fence, wall,
terrace, walk or driveway”); provided, however, that consistent with 47 CFR 25.104, the
Historic District Commission, in issuing certificates of
appropriateness for said antennas or solar coor solar coor solar coor solar collectorsllectorsllectorsllectors shall not:
Page 158
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
A Impose unreasonable limitations on or prevent reception of satellite-delivered signals by
receive-only antennas, or any solar collectorsor any solar collectorsor any solar collectorsor any solar collectors, within the meaning of 47 CFR 25.104:
nor
B Impose costs on the users of such antennas or solor solor solor solar collectorsar collectorsar collectorsar collectors that are excessive in
light of the purchase and installation costs of the equipment, all within the meaning of 47
CFR 25.104.
The above provisions shall not apply in the case of solar collectors proposed within the
Nantucket Old Historic District and the Siasconset Old Historic District.
(Thomas Barnes, et al)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved not to adopt the Article.Moved not to adopt the Article.Moved not to adopt the Article.Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: Recommended that the citizen sponsor mFINANCE COMMITTEE COMMENT: Recommended that the citizen sponsor mFINANCE COMMITTEE COMMENT: Recommended that the citizen sponsor mFINANCE COMMITTEE COMMENT: Recommended that the citizen sponsor meet with the eet with the eet with the eet with the
HDC to discuss this concept further.HDC to discuss this concept further.HDC to discuss this concept further.HDC to discuss this concept further.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 52ARTICLE 52ARTICLE 52ARTICLE 52
(Bylaw Amendment: Board of Sewer Commissioners)
To see if the Town will amend chapter (Board of sewer commissioners) Section 41-3A of
the code of the Town of Nantucket Sewer District map by adding the following parcel of land to
the map.
21 Ticcoma Way - Map - 67, Parcel - 162
(Ronald K. Bamber, et al)
FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved not to adoptMoved not to adoptMoved not to adoptMoved not to adopt the Article. the Article. the Article. the Article.
FINANCE COMMITTEE COMMENT: The proposal received only three of seven possible FINANCE COMMITTEE COMMENT: The proposal received only three of seven possible FINANCE COMMITTEE COMMENT: The proposal received only three of seven possible FINANCE COMMITTEE COMMENT: The proposal received only three of seven possible
points in accordance with the sewer district expansion criteria checklist. This property has no points in accordance with the sewer district expansion criteria checklist. This property has no points in accordance with the sewer district expansion criteria checklist. This property has no points in accordance with the sewer district expansion criteria checklist. This property has no
environmental or soil conditions that prevent it from being develoenvironmental or soil conditions that prevent it from being develoenvironmental or soil conditions that prevent it from being develoenvironmental or soil conditions that prevent it from being developed, albeit at a lower density, ped, albeit at a lower density, ped, albeit at a lower density, ped, albeit at a lower density,
with a conforming septic system.with a conforming septic system.with a conforming septic system.with a conforming septic system.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 53ARTICLE 53ARTICLE 53ARTICLE 53
(Bylaw Amendment: Board of Sewer Commissioners)
To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners),
section 41-B (Siasconset Sewer District) of the Code of the Town of Nantucket Sewer District
Map by adding the following parcel to said map:
Page 159
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
SIASCONSET SEWER DISTRICT:
Map/Parcel: 73.4.1/5 Address: 3 Comeau Lane
(Curtis L. Barnes, et al)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that Chapter 41 of the Code of the Town of Moved that Chapter 41 of the Code of the Town of Moved that Chapter 41 of the Code of the Town of Moved that Chapter 41 of the Code of the Town of
Nantucket (Board of Sewer Commissioners) is hereby amended as follows:Nantucket (Board of Sewer Commissioners) is hereby amended as follows:Nantucket (Board of Sewer Commissioners) is hereby amended as follows:Nantucket (Board of Sewer Commissioners) is hereby amended as follows:
§§§§ 41 41 41 41----3. 3. 3. 3. Sewer districts. Sewer districts. Sewer districts. Sewer districts.
C.C.C.C. Siasconset Sewer District: an area outlined in blue on a map entitled, Siasconset Sewer District: an area outlined in blue on a map entitled, Siasconset Sewer District: an area outlined in blue on a map entitled, Siasconset Sewer District: an area outlined in blue on a map entitled,
“Comprehensive Wastewater Management Plan, (Proposed) “Comprehensive Wastewater Management Plan, (Proposed) “Comprehensive Wastewater Management Plan, (Proposed) “Comprehensive Wastewater Management Plan, (Proposed)
SIASCONSET SEWER DISTRICT,” SIASCONSET SEWER DISTRICT,” SIASCONSET SEWER DISTRICT,” SIASCONSET SEWER DISTRICT,” … dated March 2004 (on file in the … dated March 2004 (on file in the … dated March 2004 (on file in the … dated March 2004 (on file in the
office of the office of the office of the office of the Board of SelectmenBoard of SelectmenBoard of SelectmenBoard of Selectmen Town ClerkTown ClerkTown ClerkTown Clerk)))), or, or, or, or as shown in an as shown in an as shown in an as shown in an
additional area outlined in blue on a supplemental map entitled additional area outlined in blue on a supplemental map entitled additional area outlined in blue on a supplemental map entitled additional area outlined in blue on a supplemental map entitled “Article “Article “Article “Article
51, 2006 Annual Town Meeting Additions to the Siasconset Sewer 51, 2006 Annual Town Meeting Additions to the Siasconset Sewer 51, 2006 Annual Town Meeting Additions to the Siasconset Sewer 51, 2006 Annual Town Meeting Additions to the Siasconset Sewer
District dated as of March 7, 2006, Nantucket, Massachusetts” and as District dated as of March 7, 2006, Nantucket, Massachusetts” and as District dated as of March 7, 2006, Nantucket, Massachusetts” and as District dated as of March 7, 2006, Nantucket, Massachusetts” and as
shown on an areashown on an areashown on an areashown on an area outlined in green outlined in green outlined in green outlined in green on a supplemental map entitled on a supplemental map entitled on a supplemental map entitled on a supplemental map entitled
“2007 Annual Town Meeting Article 41” “2007 Annual Town Meeting Article 41” “2007 Annual Town Meeting Article 41” “2007 Annual Town Meeting Article 41” and further as shown on an area and further as shown on an area and further as shown on an area and further as shown on an area
outlined in red on a supplemental map entitled outlined in red on a supplemental map entitled outlined in red on a supplemental map entitled outlined in red on a supplemental map entitled “2009 Annual Town “2009 Annual Town “2009 Annual Town “2009 Annual Town
Meeting Article 53”Meeting Article 53”Meeting Article 53”Meeting Article 53” within which all sewage shall be collected, within which all sewage shall be collected, within which all sewage shall be collected, within which all sewage shall be collected,
transported to, treated bytransported to, treated bytransported to, treated bytransported to, treated by and disposed from the Siasconset Wastewater and disposed from the Siasconset Wastewater and disposed from the Siasconset Wastewater and disposed from the Siasconset Wastewater
Treatment Facility.Treatment Facility.Treatment Facility.Treatment Facility.
FINANCE COMMITTEE COMMENT: This single property is surrounded on all sides by other FINANCE COMMITTEE COMMENT: This single property is surrounded on all sides by other FINANCE COMMITTEE COMMENT: This single property is surrounded on all sides by other FINANCE COMMITTEE COMMENT: This single property is surrounded on all sides by other
properties within the Siasconset Sewer District and is consistent with an identical action taken properties within the Siasconset Sewer District and is consistent with an identical action taken properties within the Siasconset Sewer District and is consistent with an identical action taken properties within the Siasconset Sewer District and is consistent with an identical action taken
by the 2by the 2by the 2by the 2007 Annual Town Meeting on Article 41. Its addition will have minimal impact to the 007 Annual Town Meeting on Article 41. Its addition will have minimal impact to the 007 Annual Town Meeting on Article 41. Its addition will have minimal impact to the 007 Annual Town Meeting on Article 41. Its addition will have minimal impact to the
sewer system due to the lotsewer system due to the lotsewer system due to the lotsewer system due to the lot’s small size and limited building potential.’s small size and limited building potential.’s small size and limited building potential.’s small size and limited building potential.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICARTICARTICARTICLELELELE 54 54 54 54
(Charter Amendment: Town Meeting Warrant)
To see if the Town will vote to begin the process of amending the Charter of the Town of
Nantucket by approving the following charter amendment for submittal to the voters in the form
of a ballot question in accordance with the procedures for amending the Charter for the Town
of Nantucket (Note: new language is shown by highlighted text; language to be deleted in
shown by strike-out; these methods to denote changes are not meant to become part of the
final text):
Article II Legislative Functions
Section 2.5 - Town Meeting Warrant
(c) The Board of Selectmen shall publish the warrant with the recommendations of the
Finance Committee by mailing a copy of such warrant to the address or postal box of each
registered voter at least seven days prior to the Town Meeting at least seven days prior to the
Page 160
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
start of Town Meeting posting in at least five places in the Town a statement of the location
where the warrant may be obtained by the residents and/or by mailing a copy of the warrant to
the address or postal box of each Head of Household registered as a voter in the Town.
Or, take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved not to adopt the Article.not to adopt the Article.not to adopt the Article.not to adopt the Article.
FIFIFIFINANCE COMMITTEE COMMENT: The Committee endorses methods of cost containment; NANCE COMMITTEE COMMENT: The Committee endorses methods of cost containment; NANCE COMMITTEE COMMENT: The Committee endorses methods of cost containment; NANCE COMMITTEE COMMENT: The Committee endorses methods of cost containment;
hohohohowever, believes that Town Meeting warrants should be widely distributed.wever, believes that Town Meeting warrants should be widely distributed.wever, believes that Town Meeting warrants should be widely distributed.wever, believes that Town Meeting warrants should be widely distributed.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 5ARTICLE 5ARTICLE 5ARTICLE 55555
(Charter Amendment: Town Administration)
To see if the Town will vote to amend the Charter of the Town of Nantucket, Chapter
289 of the Acts of 1996, to provide that the Planning Director report directly to the Town
Manager, as is the current practice with all other Town department heads.
(Curtis L. Barnes, et al)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved not to adopt the Article.Moved not to adopt the Article.Moved not to adopt the Article.Moved not to adopt the Article.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE ARTICLE ARTICLE ARTICLE 56565656
(Separate Board of Health)
To see if the Town will vote to amend existing Town health regulations, as required, to
establish a separate Board of Health for the Town of Nantucket, composed of 5 members,
three of which must be in a health or health-related technical field (e.g., medical, nursing, lab
technician, pharmacist, engineering, sanitation, surveying, etc.). Members of the Board of
Health shall be appointed by the Board of Selectmen for staggered three-year terms, effective
with the passage of this Article.
(Curtis L. Barnes, et al)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that the TMoved that the TMoved that the TMoved that the Town petition the General Court to enact a own petition the General Court to enact a own petition the General Court to enact a own petition the General Court to enact a
special act of the Town of Nantucket to establish an appointed sespecial act of the Town of Nantucket to establish an appointed sespecial act of the Town of Nantucket to establish an appointed sespecial act of the Town of Nantucket to establish an appointed separate Board of Health for the parate Board of Health for the parate Board of Health for the parate Board of Health for the
TTTTown, the text of which act is set forth below, and that the Genown, the text of which act is set forth below, and that the Genown, the text of which act is set forth below, and that the Genown, the text of which act is set forth below, and that the General Court be authorized, with eral Court be authorized, with eral Court be authorized, with eral Court be authorized, with
the consent of the Board of Selectmen, to make constructive changes in the text thereof to the consent of the Board of Selectmen, to make constructive changes in the text thereof to the consent of the Board of Selectmen, to make constructive changes in the text thereof to the consent of the Board of Selectmen, to make constructive changes in the text thereof to
accomplish the public purposes thereof, as follows:accomplish the public purposes thereof, as follows:accomplish the public purposes thereof, as follows:accomplish the public purposes thereof, as follows:
An Act Establishing an Appointed Board of Health for the Town of NantucketAn Act Establishing an Appointed Board of Health for the Town of NantucketAn Act Establishing an Appointed Board of Health for the Town of NantucketAn Act Establishing an Appointed Board of Health for the Town of Nantucket
Page 161
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
SecSecSecSection 1tion 1tion 1tion 1.... Notwithstanding any law to the contrary, there is hereby established for the Town Notwithstanding any law to the contrary, there is hereby established for the Town Notwithstanding any law to the contrary, there is hereby established for the Town Notwithstanding any law to the contrary, there is hereby established for the Town
of Nantucket a five member Board of Health separate from any other board or commission of of Nantucket a five member Board of Health separate from any other board or commission of of Nantucket a five member Board of Health separate from any other board or commission of of Nantucket a five member Board of Health separate from any other board or commission of
the town, having all the powers, duties and responsibilities granted to Boarthe town, having all the powers, duties and responsibilities granted to Boarthe town, having all the powers, duties and responsibilities granted to Boarthe town, having all the powers, duties and responsibilities granted to Boards of Health ds of Health ds of Health ds of Health
pursuant to the general laws of the Commonwealth. pursuant to the general laws of the Commonwealth. pursuant to the general laws of the Commonwealth. pursuant to the general laws of the Commonwealth.
Section 2.Section 2.Section 2.Section 2. Three of the five members of the Board established by section 1 of this Act shall Three of the five members of the Board established by section 1 of this Act shall Three of the five members of the Board established by section 1 of this Act shall Three of the five members of the Board established by section 1 of this Act shall
be, to the extent coming forward ready willing and able or otherwise available to serve, health be, to the extent coming forward ready willing and able or otherwise available to serve, health be, to the extent coming forward ready willing and able or otherwise available to serve, health be, to the extent coming forward ready willing and able or otherwise available to serve, health
care professionals or environmental professionals.care professionals or environmental professionals.care professionals or environmental professionals.care professionals or environmental professionals. To the extent that such health care To the extent that such health care To the extent that such health care To the extent that such health care
professionalprofessionalprofessionalprofessionalssss or environmental professionals are not available to serve, then members of the or environmental professionals are not available to serve, then members of the or environmental professionals are not available to serve, then members of the or environmental professionals are not available to serve, then members of the
general public of residents of the town may be appointed for these positiongeneral public of residents of the town may be appointed for these positiongeneral public of residents of the town may be appointed for these positiongeneral public of residents of the town may be appointed for these positions. These three s. These three s. These three s. These three
members shall be appointed by the Board of Selectmen for three year terms, with the initial members shall be appointed by the Board of Selectmen for three year terms, with the initial members shall be appointed by the Board of Selectmen for three year terms, with the initial members shall be appointed by the Board of Selectmen for three year terms, with the initial
appointments after the effective date of this Act to beappointments after the effective date of this Act to beappointments after the effective date of this Act to beappointments after the effective date of this Act to be oneoneoneone member for a three year term, member for a three year term, member for a three year term, member for a three year term, one one one one
member for a two year term, and one member for a one yemember for a two year term, and one member for a one yemember for a two year term, and one member for a one yemember for a two year term, and one member for a one year term, thereafter upon expiration ar term, thereafter upon expiration ar term, thereafter upon expiration ar term, thereafter upon expiration
of these initial terms, the successors shall each be appointed for three years. of these initial terms, the successors shall each be appointed for three years. of these initial terms, the successors shall each be appointed for three years. of these initial terms, the successors shall each be appointed for three years.
Section 3.Section 3.Section 3.Section 3. One of the five members shall beOne of the five members shall beOne of the five members shall beOne of the five members shall be a member of the Board of Selectmen a member of the Board of Selectmen a member of the Board of Selectmen a member of the Board of Selectmen
designated by the Board of Selectmen fdesignated by the Board of Selectmen fdesignated by the Board of Selectmen fdesignated by the Board of Selectmen for an initial appoinor an initial appoinor an initial appoinor an initial appointmenttmenttmenttment to a to a to a to a one year term and one year term and one year term and one year term and
thereafterthereafterthereafterthereafter each successor member of the Board of Selectmen for one year terms.each successor member of the Board of Selectmen for one year terms.each successor member of the Board of Selectmen for one year terms.each successor member of the Board of Selectmen for one year terms.
Section 4.Section 4.Section 4.Section 4. One of the five membersOne of the five membersOne of the five membersOne of the five members shall beshall beshall beshall be appointed by the Board of Selectmen appointed by the Board of Selectmen appointed by the Board of Selectmen appointed by the Board of Selectmen
fromfromfromfrom among the general public consisting ofamong the general public consisting ofamong the general public consisting ofamong the general public consisting of the residents of the tthe residents of the tthe residents of the tthe residents of the town, for a term of three years.own, for a term of three years.own, for a term of three years.own, for a term of three years.
Section 5.Section 5.Section 5.Section 5. Any vacancy arising on the Board of Health created by this Act shall be filled in Any vacancy arising on the Board of Health created by this Act shall be filled in Any vacancy arising on the Board of Health created by this Act shall be filled in Any vacancy arising on the Board of Health created by this Act shall be filled in
the same manner as the appointments thereto described in sections 2, 3, and 4 of this Act.the same manner as the appointments thereto described in sections 2, 3, and 4 of this Act.the same manner as the appointments thereto described in sections 2, 3, and 4 of this Act.the same manner as the appointments thereto described in sections 2, 3, and 4 of this Act.
Section 6.Section 6.Section 6.Section 6. Except as otherwise proviExcept as otherwise proviExcept as otherwise proviExcept as otherwise provided by this Act, the Charter of the Town of Nantucket ded by this Act, the Charter of the Town of Nantucket ded by this Act, the Charter of the Town of Nantucket ded by this Act, the Charter of the Town of Nantucket
(Chapter 289 of the Acts of 1996, as the same may have been amended pursuant to the terms (Chapter 289 of the Acts of 1996, as the same may have been amended pursuant to the terms (Chapter 289 of the Acts of 1996, as the same may have been amended pursuant to the terms (Chapter 289 of the Acts of 1996, as the same may have been amended pursuant to the terms
thereof) shall otherwise apply to the Board of Health created by this Act.thereof) shall otherwise apply to the Board of Health created by this Act.thereof) shall otherwise apply to the Board of Health created by this Act.thereof) shall otherwise apply to the Board of Health created by this Act.
Section 7.Section 7.Section 7.Section 7. This act shall take effeThis act shall take effeThis act shall take effeThis act shall take effect on passage.ct on passage.ct on passage.ct on passage.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 57ARTICLE 57ARTICLE 57ARTICLE 57
(Adoption of Policy Regarding Solar Energy Systems)
To see if the town will vote, pursuant to Section 9 (g) of chapter 395 of the Acts of 1970,
as amended, to require the Historical District Commission, with input from the Town’s Energy
Study Committee, to adopt a written policy supporting and encouraging solar energy systems,
consistent with public policy as reflected in Chapter 40A: Section 3, Chapter 40 A: Section 9 B
and Chapter 184: Section 23 C of the Massachusetts General Laws, to the maximum extent
feasible without having a significant adverse impact upon its purpose of the preservation and
protection of historic buildings, places and districts of historic interest.
(Thomas Barnes, et al)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Moved not to adopt the Article. Moved not to adopt the Article. Moved not to adopt the Article.
Page 162
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT: Recommended that the citizen sponsor meet with the Recommended that the citizen sponsor meet with the Recommended that the citizen sponsor meet with the Recommended that the citizen sponsor meet with the
HDC to discuss this concept further.HDC to discuss this concept further.HDC to discuss this concept further.HDC to discuss this concept further.
BOARD OF SELECBOARD OF SELECBOARD OF SELECBOARD OF SELECTMEN COMMENT:TMEN COMMENT:TMEN COMMENT:TMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 58ARTICLE 58ARTICLE 58ARTICLE 58
(Prohibition of Cell Phone Use While Driving)
To see if the Town will vote to prohibit cell phone use while driving on Nantucket.
Penalty will be $100.00
(David Glidden, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT; Municipalities in Massachusetts FINANCE COMMITTEE COMMENT; Municipalities in Massachusetts FINANCE COMMITTEE COMMENT; Municipalities in Massachusetts FINANCE COMMITTEE COMMENT; Municipalities in Massachusetts cannot ban cell phone cannot ban cell phone cannot ban cell phone cannot ban cell phone
use while driving because such a ban would be in direct conflict with MGL c. 90, section 13, use while driving because such a ban would be in direct conflict with MGL c. 90, section 13, use while driving because such a ban would be in direct conflict with MGL c. 90, section 13, use while driving because such a ban would be in direct conflict with MGL c. 90, section 13,
whichwhichwhichwhich, in relevant part, states that “…a pe, in relevant part, states that “…a pe, in relevant part, states that “…a pe, in relevant part, states that “…a person may operate a motor vehicle while using a rson may operate a motor vehicle while using a rson may operate a motor vehicle while using a rson may operate a motor vehicle while using a
citizens band radio or mobile telephone as long as one hand remains on the steering wheel at citizens band radio or mobile telephone as long as one hand remains on the steering wheel at citizens band radio or mobile telephone as long as one hand remains on the steering wheel at citizens band radio or mobile telephone as long as one hand remains on the steering wheel at
all times.all times.all times.all times.” Various bills are pending in the General Court to make changes in this law” Various bills are pending in the General Court to make changes in this law” Various bills are pending in the General Court to make changes in this law” Various bills are pending in the General Court to make changes in this law....
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 59 59 59 59
(Relocation of Loading Zone)
To see if the Town will vote to relocate loading zone in front of 2 India Street, due to:
Taking up viable parking places for retail customers, oversized trucks double parking &
creating heavy traffic congestion & blocking necessary fire access into Independence Lane.
Relocation suggestions: Federal St: side of 33 Main St – Lower India: Outside of Post Office,
Oak Street, Federal St: side of Atheneum.
(Natasha Willauer, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: Loading zone locations, parking restrictions and other FINANCE COMMITTEE COMMENT: Loading zone locations, parking restrictions and other FINANCE COMMITTEE COMMENT: Loading zone locations, parking restrictions and other FINANCE COMMITTEE COMMENT: Loading zone locations, parking restrictions and other
traffictraffictraffictraffic----related issues are taken up under the purview of the Board of Selectmenrelated issues are taken up under the purview of the Board of Selectmenrelated issues are taken up under the purview of the Board of Selectmenrelated issues are taken up under the purview of the Board of Selectmen....
BOABOABOABOARD OF SELECTMEN COMMENT:RD OF SELECTMEN COMMENT:RD OF SELECTMEN COMMENT:RD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 60 60 60 60
(Home Rule Petition: Nantucket Historic District Commission)
To see if the Town will vote to petition the General Court for the enactment of a Home
Rule special act set forth below and to request the Town of Nantucket’s representatives to the
Page 163
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
General Court to introduce a Special Act set forth below, and further to authorize the General
Court, with the approval of the Board of Selectmen, to make constructive changes in language
as may be necessary or advisable towards perfecting the intent of this legislation in order to
secure passage:
Section 8. The Historic District Commission shall elect its Chairman and Vice-Chairman
Secretary. The Commission shall meet within ten (10) days after notification by its vice-
chairman secretary of the receipt of an application for a certificate of appropriateness or permit
for removal and at such other times as the Commission may determine or upon call of the
Chairman or of any two (2) members.
Or, to take any other action related as may be thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: MMMMovedovedovedoved not to adopt the Article. not to adopt the Article. not to adopt the Article. not to adopt the Article.
FINANCE COMMITTEE COMMENT: The HDC can still function as it is currently structured in FINANCE COMMITTEE COMMENT: The HDC can still function as it is currently structured in FINANCE COMMITTEE COMMENT: The HDC can still function as it is currently structured in FINANCE COMMITTEE COMMENT: The HDC can still function as it is currently structured in
accoraccoraccoraccordance with its enadance with its enadance with its enadance with its enabling legislation. The Committee recommends that when other, bling legislation. The Committee recommends that when other, bling legislation. The Committee recommends that when other, bling legislation. The Committee recommends that when other,
substantive, amendments to the HDC enabling legislation substantive, amendments to the HDC enabling legislation substantive, amendments to the HDC enabling legislation substantive, amendments to the HDC enabling legislation areareareare put forward put forward put forward put forward that this issue be that this issue be that this issue be that this issue be
addressed at that time.addressed at that time.addressed at that time.addressed at that time.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports Board of Selectmen supports Board of Selectmen supports Board of Selectmen supports the the the the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 6 6 6 61111
(Home Rule Petition: Establishing a Post-Employment Benefits
Trust Fund in the Town of Nantucket)
To see if the Town will vote to petition the General Court for the enactment of a Home
Rule special act set forth below and to request the Town of Nantucket’s representatives to the
General Court to introduce a Special Act set forth below, and further to authorize the General
Court, with the approval of the Board of Selectmen, to make constructive changes in language
as may be necessary or advisable towards perfecting the intent of this legislation in order to
secure passage:
AN ACT ESTABLISHING A POST-EMPLOYMENT BENEFITS TRUST FUND
IN THE TOWN OF NANTUCKET
SECTION 1. As used in this act, the following words shall have the following meanings:
“GASB 43 and 45”, Statements 43 and 45 of the Governmental Accounting Standards
Board and its successors.
“Other post-employment benefits” or “OPEB”, post-employment benefits other than
pensions as that term is defined in GASB 43 and 45 including post-employment healthcare
benefits, regardless of the type of plan that provide them, and all post-employment benefits
Page 164
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
provided separately from a pension plan, excluding benefits defined as termination offers and
benefits.
SECTION 2. (a) There shall be in the town of Nantucket an OPEB Trust Fund, which shall be
under the supervision and management of the Nantucket Finance Director in consultation with
the town administrator. The town treasurer shall be the custodian of the OPEB Trust Fund and
may employ an outside custodial service.
(b) Beginning in fiscal year 2009, the OPEB Trust Fund shall be credited with all amounts
appropriated or otherwise made available by the town for the purposes of meeting the current
and future OPEB costs payable by the town. The OPEB Trust Fund shall be credited with all
amounts contributed or otherwise made available by employees of the town for the purpose of
meeting future OPEB costs payable by the town. Amounts in the OPEB Trust Fund, including
any earnings or interest accruing from the investment of these accounts, shall be expended
only for the payment of the costs payable by the town for OPEB and for the costs of the
actuarial study provided for in Section 3. Subject to the approval of the town administrator, the
town treasurer shall invest and reinvest the amounts in the OPEB Trust Fund not needed for
current disbursement consistent with the prudent investor rule. The OPEB Trust Fund shall be
subject to the public employee retirement administration commission’s triennial audit.
(c) The town treasurer may employ any qualified bank, trust company, corporation, firm or
person to advise it on the investment of the fund and may pay from the OPEB Trust Fund for
this advice and other services as determined by the town’s finance director in consultation with
the town administrator.
SECTION 3. (a) An actuary, who shall be a member of the American Academy of Actuaries,
shall perform an actuarial evaluation of the town’s OPEB liabilities and funding as of January 1,
2008, and no less frequently than every second year thereafter. The determination shall be
made in accordance with generally accepted actuarial standards and shall conform to the
requirements of GASB 43 and 45 and the actuary shall make a report of the determinations to
the town meeting. The report shall, without limitation, detail the demographic and economic
actuarial assumptions used in making the determinations, and each report after the first report
shall also include an explanation of the changes, if any, in the demographic and economic
actuarial assumptions employed and the reasons for the changes.
(b) Beginning in fiscal year 2009, payments for the purposes of meeting the town’s costs of
OPEB under this act shall be made from the OPEB Trust Fund. Funds in the OPEB Trust Fund
shall be segregated from other funds. Disbursements from the OPEB Trust Fund including
earnings or interest accruing from the investment of the amounts may only be made based on
Section 1 to 3, inclusive.
SECTION 4. The act shall take effect upon its passage.
Or, to take any other action related thereto.
(Board of Selectmen)
Page 165
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved that Nantucket’s representatives to the General FINANCE COMMITTEE MOTION: Moved that Nantucket’s representatives to the General FINANCE COMMITTEE MOTION: Moved that Nantucket’s representatives to the General FINANCE COMMITTEE MOTION: Moved that Nantucket’s representatives to the General
Court are hereby Court are hereby Court are hereby Court are hereby requestrequestrequestrequestedededed to to to to petition the General Court for the enactment of a Home Rule petition the General Court for the enactment of a Home Rule petition the General Court for the enactment of a Home Rule petition the General Court for the enactment of a Home Rule
special act set forth below, and further to authorize the General Court, with the approval of the special act set forth below, and further to authorize the General Court, with the approval of the special act set forth below, and further to authorize the General Court, with the approval of the special act set forth below, and further to authorize the General Court, with the approval of the
Board of Selectmen, to make constructive changes in language as may be necessary or Board of Selectmen, to make constructive changes in language as may be necessary or Board of Selectmen, to make constructive changes in language as may be necessary or Board of Selectmen, to make constructive changes in language as may be necessary or
advisable towaadvisable towaadvisable towaadvisable towards perfecting the intent of this legislation in order to secure passage:rds perfecting the intent of this legislation in order to secure passage:rds perfecting the intent of this legislation in order to secure passage:rds perfecting the intent of this legislation in order to secure passage:
AN ACT ESTABLISHING A POSTAN ACT ESTABLISHING A POSTAN ACT ESTABLISHING A POSTAN ACT ESTABLISHING A POST----EMPLOYMENT BENEFITS TRUST FUND EMPLOYMENT BENEFITS TRUST FUND EMPLOYMENT BENEFITS TRUST FUND EMPLOYMENT BENEFITS TRUST FUND
IN THE TOWN OF NANTUCKETIN THE TOWN OF NANTUCKETIN THE TOWN OF NANTUCKETIN THE TOWN OF NANTUCKET
SECTION 1.SECTION 1.SECTION 1.SECTION 1. As used in this act, the following words shall have the following meanings: As used in this act, the following words shall have the following meanings: As used in this act, the following words shall have the following meanings: As used in this act, the following words shall have the following meanings:
“GASB “GASB “GASB “GASB 43 and 45”, Statements 43 and 45 of the Governmental Accounting Standards 43 and 45”, Statements 43 and 45 of the Governmental Accounting Standards 43 and 45”, Statements 43 and 45 of the Governmental Accounting Standards 43 and 45”, Statements 43 and 45 of the Governmental Accounting Standards
Board and its successors.Board and its successors.Board and its successors.Board and its successors.
“Other post“Other post“Other post“Other post----employment benefits” or “OPEB”, postemployment benefits” or “OPEB”, postemployment benefits” or “OPEB”, postemployment benefits” or “OPEB”, post----employment benefits other than employment benefits other than employment benefits other than employment benefits other than
pensions as that term is defined in GASB 43 and 45 including postpensions as that term is defined in GASB 43 and 45 including postpensions as that term is defined in GASB 43 and 45 including postpensions as that term is defined in GASB 43 and 45 including post----employmenemploymenemploymenemployment healthcare t healthcare t healthcare t healthcare
benefits, regardless of the type of plan that provide them, and all postbenefits, regardless of the type of plan that provide them, and all postbenefits, regardless of the type of plan that provide them, and all postbenefits, regardless of the type of plan that provide them, and all post----employment benefits employment benefits employment benefits employment benefits
provided separately from a pension plan, excluding benefits defined as termination offers and provided separately from a pension plan, excluding benefits defined as termination offers and provided separately from a pension plan, excluding benefits defined as termination offers and provided separately from a pension plan, excluding benefits defined as termination offers and
benefits.benefits.benefits.benefits.
SECTION 2.SECTION 2.SECTION 2.SECTION 2. (a) There shall be in the town of (a) There shall be in the town of (a) There shall be in the town of (a) There shall be in the town of Nantucket an OPEB Trust Fund, which shall be Nantucket an OPEB Trust Fund, which shall be Nantucket an OPEB Trust Fund, which shall be Nantucket an OPEB Trust Fund, which shall be
under the supervision and management of the Nantucket Finance Director in consultation with under the supervision and management of the Nantucket Finance Director in consultation with under the supervision and management of the Nantucket Finance Director in consultation with under the supervision and management of the Nantucket Finance Director in consultation with
the town administrator.the town administrator.the town administrator.the town administrator. The town treasurer shall be the custodian of the OPEB Trust Fund and The town treasurer shall be the custodian of the OPEB Trust Fund and The town treasurer shall be the custodian of the OPEB Trust Fund and The town treasurer shall be the custodian of the OPEB Trust Fund and
may employ an outside cumay employ an outside cumay employ an outside cumay employ an outside custodial service.stodial service.stodial service.stodial service.
(b) (b) (b) (b) Beginning in fiscal year 2009, the OPEB Trust Fund shall be credited with all amounts Beginning in fiscal year 2009, the OPEB Trust Fund shall be credited with all amounts Beginning in fiscal year 2009, the OPEB Trust Fund shall be credited with all amounts Beginning in fiscal year 2009, the OPEB Trust Fund shall be credited with all amounts
appropriated or otherwise made available by the town for the purposes of meeting the current appropriated or otherwise made available by the town for the purposes of meeting the current appropriated or otherwise made available by the town for the purposes of meeting the current appropriated or otherwise made available by the town for the purposes of meeting the current
and future OPEB costs payable by the town.and future OPEB costs payable by the town.and future OPEB costs payable by the town.and future OPEB costs payable by the town. The OPEB The OPEB The OPEB The OPEB Trust Fund shall be credited with all Trust Fund shall be credited with all Trust Fund shall be credited with all Trust Fund shall be credited with all
amounts contributed or otherwise made available by employeesamounts contributed or otherwise made available by employeesamounts contributed or otherwise made available by employeesamounts contributed or otherwise made available by employees of the town for the purpose of of the town for the purpose of of the town for the purpose of of the town for the purpose of
meeting future OPEB costs payable by the town.meeting future OPEB costs payable by the town.meeting future OPEB costs payable by the town.meeting future OPEB costs payable by the town. Amounts in the OPEB Trust Fund, including Amounts in the OPEB Trust Fund, including Amounts in the OPEB Trust Fund, including Amounts in the OPEB Trust Fund, including
any earnings or interest accruing fany earnings or interest accruing fany earnings or interest accruing fany earnings or interest accruing from the investment of these accounts, shall be expended rom the investment of these accounts, shall be expended rom the investment of these accounts, shall be expended rom the investment of these accounts, shall be expended
only for the payment of the costs payable by the town for OPEB and for the costs of the only for the payment of the costs payable by the town for OPEB and for the costs of the only for the payment of the costs payable by the town for OPEB and for the costs of the only for the payment of the costs payable by the town for OPEB and for the costs of the
actuarial study provided for in Section 3. Subject to the approval of the town administrator, the actuarial study provided for in Section 3. Subject to the approval of the town administrator, the actuarial study provided for in Section 3. Subject to the approval of the town administrator, the actuarial study provided for in Section 3. Subject to the approval of the town administrator, the
town treasurertown treasurertown treasurertown treasurer shall invest and reinvest the amounts in the OPEB Trust Fund not needed for shall invest and reinvest the amounts in the OPEB Trust Fund not needed for shall invest and reinvest the amounts in the OPEB Trust Fund not needed for shall invest and reinvest the amounts in the OPEB Trust Fund not needed for
current disbursement consistent with the prudent investor rule.current disbursement consistent with the prudent investor rule.current disbursement consistent with the prudent investor rule.current disbursement consistent with the prudent investor rule. The OPEB Trust Fund shall be The OPEB Trust Fund shall be The OPEB Trust Fund shall be The OPEB Trust Fund shall be
subject to the public employee retirement administration commission’s triennial auditsubject to the public employee retirement administration commission’s triennial auditsubject to the public employee retirement administration commission’s triennial auditsubject to the public employee retirement administration commission’s triennial audit....
(c) (c) (c) (c) The town treasurer may employ any qualified bank, trust company, corporation, firm or The town treasurer may employ any qualified bank, trust company, corporation, firm or The town treasurer may employ any qualified bank, trust company, corporation, firm or The town treasurer may employ any qualified bank, trust company, corporation, firm or
person to advise it on the investment of the fund and may pay from the OPEB Trust Fund for person to advise it on the investment of the fund and may pay from the OPEB Trust Fund for person to advise it on the investment of the fund and may pay from the OPEB Trust Fund for person to advise it on the investment of the fund and may pay from the OPEB Trust Fund for
this advice and other services as determined by the town’s finance this advice and other services as determined by the town’s finance this advice and other services as determined by the town’s finance this advice and other services as determined by the town’s finance director in consultation with director in consultation with director in consultation with director in consultation with
the town administrator.the town administrator.the town administrator.the town administrator.
SECTION 3.SECTION 3.SECTION 3.SECTION 3. (a) An actuary, who shall be a member of the American Academy of Actuaries, (a) An actuary, who shall be a member of the American Academy of Actuaries, (a) An actuary, who shall be a member of the American Academy of Actuaries, (a) An actuary, who shall be a member of the American Academy of Actuaries,
shall perform an actuarial evaluation of the town’s OPEB liabilities and funding as of January 1, shall perform an actuarial evaluation of the town’s OPEB liabilities and funding as of January 1, shall perform an actuarial evaluation of the town’s OPEB liabilities and funding as of January 1, shall perform an actuarial evaluation of the town’s OPEB liabilities and funding as of January 1,
2008, and no 2008, and no 2008, and no 2008, and no less frequently than every second year thereafter.less frequently than every second year thereafter.less frequently than every second year thereafter.less frequently than every second year thereafter. The determination shall be The determination shall be The determination shall be The determination shall be
made in accordance with generally accepted actuarial standards and shall conform to the made in accordance with generally accepted actuarial standards and shall conform to the made in accordance with generally accepted actuarial standards and shall conform to the made in accordance with generally accepted actuarial standards and shall conform to the
requirements of GASB 43 and 45 and the actuary shall make a report of the determinationsrequirements of GASB 43 and 45 and the actuary shall make a report of the determinationsrequirements of GASB 43 and 45 and the actuary shall make a report of the determinationsrequirements of GASB 43 and 45 and the actuary shall make a report of the determinations to to to to
Page 166
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
the town meeting.the town meeting.the town meeting.the town meeting. The report shall, without limitation, detail the demographic and economic The report shall, without limitation, detail the demographic and economic The report shall, without limitation, detail the demographic and economic The report shall, without limitation, detail the demographic and economic
actuarial assumptions used in making the determinations, and each report after the first report actuarial assumptions used in making the determinations, and each report after the first report actuarial assumptions used in making the determinations, and each report after the first report actuarial assumptions used in making the determinations, and each report after the first report
shall also include an explanation of the changes, if any, in theshall also include an explanation of the changes, if any, in theshall also include an explanation of the changes, if any, in theshall also include an explanation of the changes, if any, in the demographic and economic demographic and economic demographic and economic demographic and economic
actuarial assumptions employed and the reasons for the changes.actuarial assumptions employed and the reasons for the changes.actuarial assumptions employed and the reasons for the changes.actuarial assumptions employed and the reasons for the changes.
(b) (b) (b) (b) Beginning in fiscal year 2009, payments for the purposes of meeting the town’s costs of Beginning in fiscal year 2009, payments for the purposes of meeting the town’s costs of Beginning in fiscal year 2009, payments for the purposes of meeting the town’s costs of Beginning in fiscal year 2009, payments for the purposes of meeting the town’s costs of
OPEB under this act shall be made from the OPEB Trust Fund.OPEB under this act shall be made from the OPEB Trust Fund.OPEB under this act shall be made from the OPEB Trust Fund.OPEB under this act shall be made from the OPEB Trust Fund. Funds in Funds in Funds in Funds in the OPEB Trust the OPEB Trust the OPEB Trust the OPEB Trust
Fund shall be segregated from other funds.Fund shall be segregated from other funds.Fund shall be segregated from other funds.Fund shall be segregated from other funds. Disbursements from the OPEB Trust Fund Disbursements from the OPEB Trust Fund Disbursements from the OPEB Trust Fund Disbursements from the OPEB Trust Fund
including earnings or interest accruing from the investment of the amounts may only be made including earnings or interest accruing from the investment of the amounts may only be made including earnings or interest accruing from the investment of the amounts may only be made including earnings or interest accruing from the investment of the amounts may only be made
based on Section 1 to 3, inclusive.based on Section 1 to 3, inclusive.based on Section 1 to 3, inclusive.based on Section 1 to 3, inclusive.
SECTION 4.SECTION 4.SECTION 4.SECTION 4. The act shall tak The act shall tak The act shall tak The act shall take effect upon its passage.e effect upon its passage.e effect upon its passage.e effect upon its passage.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 62 62 62 62
(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 ESTABLISHING A NANTUCKET COMMUNITY HOUSING BANK
SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall
have the following meanings:
"Community Housing", rental and home ownership housing units for use by those residents of
Nantucket earning 150 per cent or less of the median household income for Nantucket
county, as calculated and adjusted for household size annually by the federal Department of
Housing and Urban Development (HUD); this percentage of median income, should economic
conditions warrant a change, can be adjusted by a majority vote of the housing bank
commission.
"Eligible Applicants", non-profit and for-profit corporations and organizations, individuals, and
public entities.
"Housing Bank", the Nantucket Community Housing Bank, established by section 2.
"Housing Bank Commission", the Nantucket Community Housing Bank Commission,
established by section 3.
"Legal representative", with respect to any person, shall mean any other person acting under a
written power-of-attorney executed by that person, but any affidavit attesting to the true and
Page 167
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
complete purchase price of real property, submitted to the housing bank commission under
section 9, may also be signed on behalf of that person by an attorney admitted to practice in
the commonwealth.
"Purchaser", the transferee, grantee or recipient of any real property interest.
"Purchase price", all consideration paid or transferred by or on behalf of a purchaser to a seller
or a seller's nominee, or for the seller's benefit, for the transfer of any real property interest,
including, but not limited to, all cash or other property paid or transferred by or on behalf of the
purchaser to discharge or reduce any obligation of the seller; the principal amount of all notes
or their equivalent, or other deferred payments, given or promised to be given by or on behalf
of the purchaser to the seller or the seller's nominee; the outstanding balance of all obligations
of the seller which are assumed by the purchaser or to which the real property interest
transferred remains subject after the transfer, determined at the time of transfer but excluding
real estate taxes or other municipal liens or assessments which are not overdue at the time of
the transfer; and the fair market value at the time of transfer of any other consideration or thing
of value paid or transferred by or on behalf of the purchaser, including, but not limited to, any
property, goods or services paid, transferred or rendered in exchange for the real property
interest.
"Real property interest", any present or future legal or equitable interest in or to real property,
and any beneficial interest therein, including the interest of any beneficiary in a trust which
holds any legal or equitable interest in real property; the interest of a partner or member in a
partnership or limited liability company, the interest of a stockholder in a corporation, the
interest of a holder of an option to purchase real property, the interest of a buyer or seller under
a contract for purchase and sale of real property, and the transferable development rights
created under Massachusetts General Laws chapter 183A; but shall not include any interest
which is limited to any of the following: the dominant estate in any easement or right of way;
the right to enforce any restriction; any estate at will or at sufferance; any estate for years
having a term of less than thirty years; any reversionary right, condition, or right of entry for
condition broken; and the interest of a mortgagee or other secured party in any mortgage or
security agreement.
"Seller", the transferor, grantor or immediate former owner of any real property interest.
"Time of transfer", of any real property interest shall mean, the time that the transfer is legally
effective between the parties to the transfer, and, with respect to a transfer evidenced by an
instrument recorded with the appropriate registry of deeds or filed with the assistant recorder of
the appropriate registry district, not later than the time of the recording or filing.
SECTION 2. There shall be a Nantucket Community Housing Bank, to be administered by a
housing bank commission established by section 3, for the purpose of providing funding for
community housing as set forth in section 5. The Housing Bank shall be a body politic and
corporate and a public instrumentality, and the exercise of the powers conferred upon the
Housing Bank by this act shall be considered to be the performance of an essential
governmental function.
Page 168
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
SECTION 3.
(a) The Nantucket Community Housing Bank shall be administered by a housing bank
commission consisting of five (5) members who are legal residents of Nantucket, each person
to be elected to a three (3) year term, in the same manner as other elected town officials. The
Nantucket board of selectmen shall appoint the initial five members to serve from the effective
date of this act until the first elections of the regular members at the town's regular or special
town election after the effective date of this act. The initial terms, which will be drawn by lot by
the initial five appointed members, shall be staggered so that two members are elected each
year, and in the third year, one member elected, such elections following the initial election.
(b) Vacancies: Should a vacancy occur during the term of any elected town member, the
housing bank commission and the board of selectmen shall jointly appoint an interim member
to serve until the next scheduled town election.
(c) Administration: Members shall serve without compensation. The initial appointed
members shall adopt temporary rules and regulations to the extent necessary to conduct
business until the regular members are elected. The housing bank commissions shall elect a
chairman and a vice chairman from among their regular members and shall elect a secretary
and a treasurer who may be the same person, and who need not be members of the housing
bank commission. The members of the housing bank commissions shall adopt, after holding a
public hearing, rules and regulations for conducting its internal affairs and procedural
guidelines for carrying out its responsibilities under this act.
(d) Quorum: A quorum for the Nantucket Community Housing Bank Commission shall be
three or more members. Decisions of the Housing Bank Commission shall be by majority vote
at a meeting where a quorum is present. The Housing Bank Commission may make rules
regarding attendance. The Housing Bank Commission shall keep accurate records of its
meetings and actions and shall file annual reports that shall be distributed with the annual
report of the Town of Nantucket. The Housing Bank Commission shall be classified as a
municipal agency for purposes of chapter 268A of the General Laws, and be subject to the
open meeting law (chapter 39, sections 23A, 23B and 23C of the General Laws).
SECTION 4A. The housing bank commission shall (a) provide funding as has been first
approved by an annual or special town meeting of the town of Nantucket, in the form of grants,
loans, loan guarantees, lines of credit, interest subsidies, rental assistance or any other means
determined to further the goals of the housing bank for eligible community housing activities
under section 5, (b) accept gifts of funds to further the purposes of the housing bank; (c)
prepare an annual budget, provided however no more than 5% of all funds received by the
housing bank during any fiscal year may be spent for administration purposes without approval
by an annual or special town meeting of the town of Nantucket, (d) hire staff and obtain
professional services that are necessary in order to perform its duties; (e) adopt regulations
and procedures that it considers necessary or appropriate, subject to this act, regarding the
use and investment of its funds and the keeping of records and accounts; (f) adopt procedures
in the form of rules and regulations that it considers necessary or appropriate setting forth its
programmatic goals, policies and recommendations to serve as standards for decisions to
provide funding for programs under section 5, provided however, such procedures shall not
take effect until approved by an annual or special town meeting of the town of Nantucket; and
(g) enter into and enforce contracts that it considers necessary to achieve the goals of this
legislation.
Page 169
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
SECTION 4B. The Town of Nantucket may appropriate money to be deposited in the
Nantucket Housing Fund as provided in said section 7A. The Town of Nantucket is hereby
further authorized to provide funds to repay any notes or bonds of the town issued pursuant to
this section and, when authorized by a two thirds vote of town meeting as defined in G.L.
Chapter 44. section. 1, to incur debt of the town for such purposes in accordance with the
provisions of G. L. Chapter 44, section 7(3).
SECTION 4C. The housing bank may issue bonds and notes to further the purposes of the
housing bank but only if the issuance of these bonds or notes has been approved by a two
thirds majority vote at a Nantucket town meeting. The proceeds of such bonds or notes may
be used to pay, in whole or in part, for the purposes set forth in section 4A of this act, reserves
for debt service and other expenses, to pay consulting appraisal advisory and legal fees and
costs incidental to the issuance and sale of such bonds and notes, to purchase, refund or
renew bonds or notes previously issued and to pay an other costs and expenses of the
housings bank commission necessary for the accomplishment of its purposes. Bonds or notes
issued pursuant to this act shall be authorized by the commission which shall have full power
and authority to determine the amount, form, terms, conditions, provisions for payment of
interest and all other details thereof and to provide for the sale and issuance at such price and
in such manner as the Commission shall determine subject only to any limitation set forth in
this Act. Unless the town of Nantucket shall have authorized by two-thirds vote of a town
meeting the pledging of the full faith and credit of the town or county of Nantucket to secure an
issue of bonds or notes of the housing bank, all bonds or notes issued hereunder shall be
payable solely from the fees and other revenues of the housing bank pledged to their payment
and shall not be deemed a pledge of the full faith and credit of the Town or County of
Nantucket, the Commonwealth of Massachusetts or any political subdivision thereof.
The Housing Bank Commission may enter into any agreements, including without limitation a
loan agreement and a trust agreement, necessary to effectuate and to secure any bonds or
notes issued by the housing bank. Such agreements may pledge or assign, in whole or in part,
the revenues and other money held or to be received by the housing bank. Such agreements
may contain such provisions for protecting and enforcing the rights, security and remedies of
the holders of such bonds or notes, including, without limiting the generality of the foregoing,
provisions defining defaults and providing for remedies in the event thereof which may include
the acceleration of maturities and covenants setting forth the duties of, and limitations on, the
housing bank in relation to the custody, safeguarding, investment and application of money,
the issuance of additional debt obligations, the use of any surplus proceeds of the borrowing,
including any investment earnings thereon, and establishment of special funds and reserves.
The pledge of any such agreement shall be valid and binding and shall be deemed
continuously perfected for the purposes of the Uniform Commercial Code from the time when
the pledge is made; the revenues, money, rights and proceeds so pledged and then held or
thereafter acquired or received by the housing bank shall immediately be subject to the lien of
such pledge without any physical delivery or segregation thereof or further act; and the lien of
any such pledge shall be valid and binding against all parties having claims of any kind in tort,
contract or otherwise against the town or county, irrespective of whether such parties have
notice thereof. No document by which a pledge is created need be filed or recorded except in
the records of the housing bank and no filing need be made under the Uniform Commercial
Code.
Page 170
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
The trustee with respect to any such trust agreement entered into pursuant to this section shall
be a trust company or a bank having the powers of a trust company within the commonwealth.
Any such trust agreement may provide that any money received thereunder may be held,
deposited or invested by the trustee, notwithstanding the provisions of section 7A pending the
disbursement thereof, in any deposits or investments which are lawful for the funds of savings
banks and shall provide that any officer with whom or any bank or trust company with which
such money shall be deposited shall act as trustee of such money and shall hold and apply the
same for the purposes hereof and thereof, subject to such regulation or limitation as this act or
such trust agreement may provide.
It shall be lawful for any bank or trust company within the Commonwealth to act as depository
of the proceeds of bonds or notes, revenues or other money hereunder and to furnish such
indemnifying bonds or to pledge such security, if any, as may be required by the Commission.
Any trust agreement entered into pursuant to this section may set forth the rights and remedies
of the holders of any bonds or notes and of the trustee and may restrict the individual rights of
action by any such holders. In addition to the foregoing, any such trust agreement may contain
such other provisions as the Commission may deem reasonable and proper. All expenses
incurred in carrying out the provisions of such trust agreement may be treated as part of the
cost of operation of the housing bank and paid from the revenues or other funds pledged or
assigned to the payment of the principal of and the premium, if any, and interest on the bonds
or notes or from any other funds available to the housing bank. In addition to other security
provided herein or otherwise by law, bonds or notes issued under this section may be secured,
in whole or in part, by insurance or by letters or lines of credit or other credit facilities issued to
the housing bank by any bank, trust company or other financial institution, within or without the
Commonwealth, and the housing bank may pledge or assign any of its revenues as security for
the reimbursement by the housing bank to the issuers of such letters or lines of credit,
insurance or credit facilities of any payments made thereunder.
SECTION 4D. If at any time any principal or interest is due or about to come due on any bonds
or notes of the housing bank to secure which the full faith and credit of the town of Nantucket or
Nantucket county shall have been pledged and funds to pay the same are not available, the
Commission shall certify to the town treasurer and selectmen of the town or to the county
treasurer and county commissioners of the county, as appropriate, the amount required to
meet such obligations and the town treasurer or the county treasurer shall thereupon pay over
to the housing bank the amount so certified from any funds in the treasury. For the purpose of
providing or restoring to the treasury the sums so paid over to the housing bank, the town
treasurer, with the approval of the selectmen, is authorized to incur debt outside the town's
debt limit and issue notes therefore for a period not exceeding two years and to renew or
refund the same from time to time until the town shall have received from the housing bank
sufficient funds to repay such notes and the interest thereon in full. Whenever the town or the
county shall have been required to pay over any sums of money to the housing bank under this
section, the housing bank shall be precluded from issuing any grants or purchasing,
constructing or making improvements to land or housing, or issuing any of its bonds or notes
for purposes other than repaying the town, until the housing bank shall have repaid the town in
full for all sums paid to the housing bank hereunder, including interest on any notes issued for
such purpose, unless the town shall have appropriated sufficient funds for such purpose at a
town meeting.
Page 171
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
SECTION 4E. Bonds and notes issued under the provisions of this act are hereby made
securities in which all public officers and public bodies of the Commonwealth and its political
subdivisions, all insurance companies, trust companies in their commercial departments,
savings banks, cooperative banks, banking associations, investment companies, executors,
administrators, trustees and other fiduciaries may properly and legally invest funds, including
capital in their control or belonging to them. Such bonds and notes are hereby made securities
that may properly and legally be deposited with and received by any state or municipal officer
or any agency or political subdivision of the Commonwealth for any purpose for which the
deposit of bonds or obligations of the Commonwealth is now or may hereafter be authorized by
law.
SECTION 4F. Notwithstanding any of the provisions of this act or any recitals in any bonds or
notes issued under this act, all such bonds and notes shall be deemed to be investment
securities under the Uniform Commercial Code.
SECTION 4G. The Housing Bank's revenues and income will be used solely for the
furtherance of its public purposes and shall be exempt from taxation. The Housing Bank and all
its revenues, income and real and personal property used solely by the Housing Bank in
furtherance of its public purposes from the date of acquisition thereof, shall be exempt from
taxation and from betterments and special assessments and the Housing Bank shall not be
required to pay any tax, excise or assessment to or for the Commonwealth or any of its political
subdivisions. Bonds and notes issued by the Housing Bank, their transfer and the income
therefrom, including any profit made on the sale thereof, shall at all times be exempt from
taxation within the Commonwealth.
SECTION 4H. With authorization of an annual or special town meeting of the town of
Nantucket as provided for in section 4C of this Act, bonds and notes may be issued under this
act without obtaining the consent of any department, division, commission, board, bureau or
agency of the town or county of Nantucket, except that the full faith and credit of the town or
county of Nantucket shall not be pledged for the payment of such bonds or notes unless such
pledge shall have been authorized by a two-thirds vote as provided in this Act, and without any
other proceedings or the happening of any other conditions or things than those proceedings,
conditions or things which are specifically required therefore by this act. The validity of and
security for any bonds and notes issued by the housing bank shall not be affected by the
existence or nonexistence of any such consent or other proceedings, conditions or things.
SECTION 5. The Nantucket Community Housing Bank shall be a funding agency only, but may
acquire by purchase, lease or gift offices for its operation, and may enter into leasebacks,
mortgages or other loans for this purpose. Upon receiving applications from eligible applicants
in a competitive process which will include public notice of funding availability, and in a form
prescribed by the commission, and upon compliance with the provisions of section 4A of this
Act, the housing bank will provide funding for eligible community housing activities as defined
below, while respecting special Nantucket habitats and rural character. The housing bank shall,
wherever possible, give preference to (a) the reuse of existing buildings, and (b) construction of
new buildings on previously developed sites.
Eligible community housing activities for receipt of funding shall include, but not be limited to,
the following:
Page 172
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(a) Purchase and rehabilitation of existing structures for rental or home ownership;
(b) Construction of rental or home ownership housing and necessary on-site or off site
infrastructure, including mixed use development;
(c) Purchase of land, and any and all improvements including easements;
(d) Down payment assistance, grants and soft second loans;
(e) Rental assistance programs;
(f) Modernization and capital improvements of existing rental and ownership housing;
(g) Creation of apartments and other ancillary housing;
(h) Housing counseling, predevelopment costs and technical assistance associated with
creating community housing projects and programs; and
(i) Mixed -use development projects.
SECTION 6. All housing units created by funding from a housing bank under this act shall be
deed restricted in perpetuity for use as community housing as defined in section 1 of this act,
except in cases when the housing bank commission determines that a deed restriction is not
feasible, and except in cases when the housing bank commission makes a finding that such a
deed restriction would delay, prevent or otherwise defeat the purpose of developing and
making available to the public Community Housing.
SECTION 7A. The Housing Bank Commission shall meet its financial obligations by drawing
upon a fund to be set up as a revolving or sinking account of the housing bank commission in
the treasury of the Town of Nantucket. Deposits into the Nantucket Housing Fund shall include
(a) funds appropriated, borrowed or transferred to be deposited into the fund by vote of the
county commissioners of Nantucket county or of the town meeting; (b) voluntary contributions
of money and other liquid assets to the fund; and (c) revenues from fees imposed upon the
transfer of real property interests under section 9 occurring on Nantucket after the effective
date of this act as set forth in section 15. Grants or gifts of money or other assets to the
housing bank shall be subject to any restrictions or limitations imposed by the grantor or
donor. All expenses lawfully incurred by the Housing Bank Commission in carrying out this act
shall be evidenced by proper vouchers and shall be paid by the treasurer of the town of
Nantucket only upon submission of warrants duly approved by the housing bank commission.
The housing bank commission treasurer shall prudently invest available assets of the fund
under the regulations and procedures adopted by the housing bank commission under clause
(f) of section 4A, and all income from investments shall accrue to the fund.
SECTION 7B. The Housing Bank Commission is authorized to enter into one or more
agreements with the Nantucket Land Bank Commission established by chapter 669 as
amended of the acts and resolves of 1983 by which agreements the housing bank may
delegate to the Nantucket Land Bank Commission the administration and management of
collection of the fee described in section 9 of this act, including but not limited to the record
keeping duties pursuant to section 8 of this act, the receipt of money pursuant to section 9 of
this act, the processing of applications for exemptions pursuant to section 11 of this act or
processing applications for refunds pursuant to section 10 of this act, the imposition of interest
or penalties pursuant to section 12 of this act, and the sending of notices and conduct of
hearings pursuant to section 13 of this act, and provide for compensation or reimbursement of
costs incurred by such Nantucket Land Bank Commission from funds so collected.
Page 173
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
SECTION 8. The housing bank commission shall keep a full and accurate account of its
actions including a record of when, from or to whom, and on what account money has been
paid or received under this act. These records shall be subject to examination by the director of
accounts or the director's agent under section 45 of chapter 35 of the General Laws. There
shall be an annual audit conducted by a duly recognized accounting firm, and a copy of that
audit shall be distributed to the Board of Selectmen of the Town of Nantucket. However,
schedules of beneficiaries of trusts, lists of stockholders of corporations, lists of partners,
partnership agreements, tax returns, and other materials deemed by the Commission to be
private to a particular entity or individual, which are filed with the Commission for the purposes
of determining or fixing the amount of fee imposed by this Act for any transfer or for the
purpose of determining the existence of any exemption pursuant to this act shall not be public
records for the purposes of section 10 of chapter 66 of the General Laws.
SECTION 9. There is hereby imposed a fee equal to one per cent of the purchase price upon
the transfer of any interest in real property located within the Town of Nantucket. The fee shall
be the liability of the seller of the real property interest, and any agreement between the
purchaser and the seller or any other person with reference to the allocation of the
responsibility for bearing this fee shall not affect the liability of the seller. This fee shall be paid
to the Nantucket Community Housing Bank Commission or its designee. Fees shall be
accompanied by a copy of the deed or other instrument evidencing the transfer, if any, and an
affidavit signed under oath or under the pains and penalties of perjury by the seller or the
seller's legal representative, attesting to the true and complete purchase price and the basis, if
any, upon which the transfer is claimed to be exempt in whole or in part from the fee imposed.
The Housing Bank Commission, or its designee, shall promptly execute and issue a certificate
stating that the appropriate fee has been paid or that the transfer is exempt from the fee and
stating the basis for the exemption. The register of deeds for Nantucket county, and the
assistant recorder for the registry district of Nantucket county, shall not record or register, or
receive or accept for recording or registration, any deed, except a mortgage deed, for any real
property interest located in Nantucket unless this certificate is attached. Failure to comply with
this requirement shall not affect the validity of any instrument. The Housing Bank commission
shall deposit all fees received under this section with its treasurer as part of the fund
established by section 7A. The fee imposed under this section shall be due at the time of
transfer of the real property interest.
SECTION 10. At any time within seven days after the issuance of the certificate of payment of
the fee imposed by section 9, the seller or the seller's legal representative may return the
certificate to the Housing Bank Commission or its designee for cancellation, together with an
affidavit signed under oath or under the pains and penalties of perjury that the transfer has not
been consummated. After receiving this certificate and affidavit, the housing bank commission
shall in due course return the fee to the seller or the seller's legal representative.
SECTION 11. The following transfers of real property interests shall be exempt from the fee
established by section 9. Except as otherwise provided, the seller shall have the burden of
proof that any transfer is exempt under this section and any otherwise exempt transfer shall not
be exempt in the event that such transfer (by itself or as part of a series of transfers) was made
for the primary purpose of evading the fee imposed by Section 9.
Page 174
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(-a-) Transfers to the government of the United States , the commonwealth, and any of their
instrumentalities, agencies or subdivisions, including but not limited to transfers to the Town of
Nantucket, the County of Nantucket, and/or the Nantucket Land Bank Commission established
pursuant to chapter 669 of the Acts of 1983 as amended or the Housing Bank established by
this Act.
(-b-) Transfers which, without additional consideration, confirm, correct, modify or supplement
a transfer previously made.
(-c-) Transfers made as gifts without consideration. In any proceeds to determine the amount
of any fee due hereunder, it shall be presumed that any transfer for consideration of less than
fair market value of the real property interests transferred was made as a gift without
consideration to the extent of the difference between the fair market value of the real property
interests transferred and the amount of consideration claimed by the seller to have been paid
or transferred, if the purchaser shall have been at the time of transfer the spouse, the lineal
descendant, or the lineal ancestor of the seller, by blood or adoption, and otherwise it shall be
presumed that consideration was paid in an amount equal to the fair market value of the real
property interests transferred, at the time of transfer.
(-d-) Transfer to the trustees of a trust in exchange for a beneficial interest received by the
seller in such trust; distributions by the trustees of a trust to the beneficiaries of such trust.
(-e-) Transfers by operation of law without actual consideration, including but not limited to
transfers occurring by virtue of the death or bankruptcy of the owner of a real property interest.
(-f-) Transfers made in partition of land and improvements thereto, under chapter two hundred
and forty-one of the General Laws.
(-g-) Transfers to any charitable organization as defined in clause Third of section five of
chapter fifty-nine of the General Laws, or any religious organization, provided that the real
property interests so transferred will be held by the charitable or religious organization solely
for its public charitable or religious purposes.
(-h-) Transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee, and
transfers of the property subject to a mortgage to the mortgagee in consideration of the
forbearance of the mortgagee from foreclosing said mortgage.
(-i-) Transfers made to a corporation or partnership or limited liability company at the time of its
formation, pursuant to which transfer no gain or loss is recognized under the provisions of
section three hundred and fifty-one or seven hundred and twenty-one of the Internal Revenue
Code of 1986, as amended; provided, however, that such transfer shall be exempt only in the
event that (i) with respect to a corporation, the transferor retains an interest in the newly formed
corporation which is equivalent to the interest the transferor held prior to the transfer, or (ii) with
respect to a partnership or limited liability company, the transferor retains after such formation
rights in capital interests and profit interests within such partnership or limited liability company
which are equivalent to the interest the transferor held prior to the transfer.
(-j-) Transfers made to a stockholder of a corporation in liquidation or partial liquidation of the
corporation, and transfers made to a partner of a partnership or to a member of a limited
liability company in dissolution or partial dissolution of the partnership or limited liability
company; but the transfer shall be exempt only if (i) with respect to a corporation, the
transferee receives property (including real property interests and other property received)
which is the same fraction of the total property of the transferor corporation as the fraction of
the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a
partnership or limited liability company, the transferee receives property (including real
property interests and other property received) which is the same fraction of the property of the
Page 175
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
partnership or limited liability company as the fraction of the capital and profit interests in the
transferor formerly owned by the transferee.
(-k-) Transfers consisting of the division of marital assets under the provisions of section thirty-
four of chapter two hundred and eight of the General Laws or other provisions of law.
(-l-) Transfers of property consisting in part of real property interests situated in Nantucket
County and in part of other property interests, to the extent that the property transferred
consists of property other than real property situated in Nantucket county; provided that the
purchaser shall furnish the Commission with such information as it shall require or request in
support of the claim of exemption and manner of allocation of the consideration for such
transfers.
(-m-) The first $2 million of the sale price of any transfer or series of transfers of real property
interests in a single parcel. Said exemption may be adjusted for inflation as determined tri-
annually by vote of the majority of the Nantucket Community Housing Bank commission. For
purposes of this subsection, "inflation" shall mean the increases, if any, in the total of prices
paid for real property transfers year to year for real property within the Town of Nantucket.
(-n-) Transfers of minority interests in corporations, trusts, partnerships or limited liability
companies which are publicly traded, which trades are not part of a series of transfers which
together constitute a transfer of control of a corporation, trust, partnership or limited liability
company.
SECTION 11A. To be consistent with the Nantucket Community Housing Bank Act, the
Nantucket Islands Land Bank Act (being chapter 669 of the Acts of 1983, as amended by
chapter 407 of the Acts of 1984, by chapter 202 of the Acts of 1985, by chapter 666 of the Acts
of 1987, by chapter 392 of the Acts of 1991, by chapter 309 of the Acts of 1994, by chapter 370
of the Acts of 2002, and by chapter 130 of the Acts of 2006, referred to collectively as the
"Land Bank Act") is hereby amended as follows:
(a) The definition of "Real property interest" appearing in Section 1 of the Land Bank Act shall
be restated in its entirety to the following:
"Real property interest", any present or future legal or equitable interest in or to real property,
and any beneficial interest therein, including the interest of any beneficiary in a trust which
holds any legal or equitable interest in real property; the interest of a partner or member in a
partnership or limited liability company, the interest of a stockholder in a corporation, the
interest of a holder of an option to purchase real property, the interest of a buyer or seller under
a contract for purchase and sale of real property, and the transferable development rights
created under Massachusetts General Laws chapter 183A; but shall not include any interest
which is limited to any of the following: the dominant estate in any easement or right of way;
the right to enforce any restriction; any estate at will or at sufferance; any estate for years
having a term of less than thirty years; any reversionary right, condition, or right of entry for
condition broken; and the interest of a mortgagee or other secured party in any mortgage or
security agreement.
(b) Section 10A of the Land Bank Act is hereby repealed in its entirety.
(c) The following sentence shall be inserted at the end of the preamble to Section 12 of the
Land Bank Act: "Any otherwise exempt transfer shall not be exempt in the event that such
transfer (by itself or as part of a series of transfers) was made for the primary purpose of
evading the fee imposed by Section 10."
Page 176
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(d) Section 12 (-i-) of the Land Bank Act shall be amended by deleting the portion thereof
commencing with "provided, however, that such . . ." through the end of subsection (-i-), and
the following shall be inserted in lieu thereof:
provided, however, that such transfer shall be exempt only in the event that (i) with respect
to a corporation, the transferor retains an interest in the newly formed corporation which is
equivalent to the interest the transferor held prior to the transfer, or (ii) with respect to a
partnership or limited liability company, the transferor retains after such formation rights in
capital interests and profit interests within such partnership or limited liability company which
are equivalent to the interest the transferor held prior to the transfer.
(e) Section 12 (-j-) of the Land Bank Act shall be entirely restated as follows:
Transfers made to a stockholder of a corporation in liquidation or partial liquidation of the
corporation, and transfers made to a partner of a partnership or to a member of a limited
liability company in dissolution or partial dissolution of the partnership or limited liability
company; but the transfer shall be exempt only if (i) with respect to a corporation, the
transferee receives property (including real property interests and other property received)
which is the same fraction of the total property of the transferor corporation as the fraction of
the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a
partnership or limited liability company, the transferee receives property (including real
property interests and other property received) which is the same fraction of the property of the
partnership or limited liability company as the fraction of the capital and profit interests in the
transferor formerly owned by the transferee.
(f) Delete from Section 12 (-m-) of the Land Bank Act the words "The first" from the beginning
of the subsection, and capitalize the word "an", which becomes the first word of the subsection.
(g) Add new subsection (-n-) to Section 12 of the Land Bank Act, as follows:
(-n-) Transfers of minority interests in corporations, trusts, partnerships or limited liability
companies which are publicly traded, which trades are not part of a series of transfers which
together constitute a transfer of control of a corporation, trust, partnership or limited liability
company.
(h) Add new subsection (-d-) to Section 14 of the Land Bank Act, as follows:
(-d-) If the Commission has determined that a fee is due by asserting the application of the
evasion of fee doctrine described in Section 12 of this Act, then the transferee shall have the
burden of demonstrating by clear and convincing evidence as determined by the Commission
that the transfer, or series of transfers, possessed both: (i) a valid, good faith business purpose
other than avoidance of the fee set forth in Section 10 of this Act and (ii) economic substance
apart from the asserted fee avoidance benefit. In all such cases the transferee shall also have
the burden of demonstrating by clear and convincing evidence as determined by the
Commission that the asserted non-fee-avoidance business purpose is commensurate with the
amount of the fee pursuant to Section 10 to be thereby avoided.
SECTION 12. A seller who fails to pay all or any portion of the fee established by section 9 on
or before the time when the fee is due shall be liable for the following additional payments in
addition to the fee:
(a) Interest. The seller shall pay interest on the unpaid amount of the fee to be calculated from
the time of transfer at a rate equal to prime rate at the time of transfer plus 1 per cent per
annum, adjusted each year in accordance with changes in prime rate.
(b) Penalties. Any person who, without fraud or willful intent to defeat or evade a fee imposed
by section 9, fails to pay all or a portion of the fee within 30 days after the time of transfer, shall
Page 177
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
pay a penalty equal to five per cent of the outstanding fee as determined by the housing bank
commission for each month or portion of a month that the fee is not paid in full, but in no event
shall the amount of any penalty imposed under this paragraph exceed 25 per cent of the
unpaid fee due at the time of transfer. Whenever the housing bank commission determines that
all or a portion of a fee due under section 9 was unpaid due to fraud with intent to defeat or
evade the fee, a penalty equal to the amount of the fee as determined by the housing bank
commission shall be paid by the seller in addition to the fee.
SECTION 13A. (a) The Housing Bank Commission shall notify a seller by registered or certified
mail of any failure to discharge in full the amount of the fee due under section 9 and any
penalty or interest assessed. The Housing Bank Commission shall grant a hearing on the
matter of the imposition of the fee, or of any interest or penalty assessed, if a petition
requesting a hearing is received by the Housing Bank Commission within 30 days after the
mailing of the notice. If the Commission has determined that a fee is due by asserting the
application of the evasion of fee doctrine described in section 11 of this Act, then the seller
shall have the burden of demonstrating by clear and convincing evidence as determined by the
Commission that the transaction possessed both: (i) a valid, good faith business purposes
other than avoidance of the fee set forth in section 9 of this Act and (ii) economic substance
apart from the asserted fee avoidance benefit. In all such cases the seller shall also have the
burden of demonstrating by clear and convincing evidence as determined by the commission
that the asserted non-fee-avoidance business purpose is commensurate with the amount of
the fee pursuant to section 9 to be thereby avoided. The Housing Bank Commission shall
notify the seller in writing by registered or certified mail of its determination concerning the
deficiency, penalty or interest within 15 days after the hearing. Any party aggrieved by a
determination of the Housing Bank Commission concerning a deficiency, penalty or interest
may, after payment of the deficiency, appeal to the district or superior court within 3 months
after the mailing of notification by the Housing Bank Commission.
Upon the failure to timely petition for a hearing, or appeal to the court, within the time limits
established in this paragraph, the seller shall be bound by the terms of the notification,
assessment or determination, and shall be barred from contesting the fee or any interest and
penalty, as determined by the Housing Bank Commission. All decisions of these courts shall be
subject to appeal. Every notice to be given under this section by the Housing Bank
Commission shall be effective if mailed by certified or registered mail to the seller at any
available legal address of the seller, or at the address stated in a recorded or registered
instrument by virtue of which the seller holds any real property interest, the transfer of which
gives rise to the fee which is the subject of the notice; and, if no address is stated or if the
transfer is not evidenced by an instrument recorded or registered in the public records of
Nantucket County, the notice shall be effective when mailed to the seller in care of any person
appearing of record to have had a fee interest in the land at the time of the transfer, at the
address of that person as set forth in an instrument recorded or registered in Nantucket
County.
(b) All fees, penalties and interest required to be paid under this act shall constitute a personal
debt of the seller and may be recovered in an action of contract or in any other appropriate
action, suit or proceeding brought by the housing bank commission subject to chapter 260 of
the General Laws.
(c) Sellers applying for an exemption under subsections (a) through (n) of section eleven shall
be required at the time of application for exemption to execute an agreement legally binding on
Page 178
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
sellers and separately legally binding upon any Legal Representative of the sellers (1)
assuming complete liability for any fee, plus interest and penalties if any, waived on account of
an allowed exemption subsequently determined to have been invalid, and (2) submitting to the
jurisdiction of the trial court of the commonwealth sitting in Nantucket County. Fees, plus
interest and penalties if any, shall be calculated as of the date of the initial property transfer.
Execution of the above-described agreement shall not be required of any mortgagee, pledge,
purchaser or judgment creditor unless notice of the agreement has been recorded or filed by
the Housing Bank Commission.
The Housing Bank Commission, without waiving any of its rights, may direct a civil action to be
filed in the appropriate district or superior court division of the department of the trial court
sitting in the Nantucket county to enforce the agreement of the housing bank commission
under this section with respect to this liability or to subject any property of the delinquent seller,
or in which the delinquent seller has any legal or beneficial right, title or interest, to the payment
of this liability.
The Housing Bank Commission may issue a waiver or release of any agreement imposed by
this section. Such waiver or release shall be conclusive evidence that the agreement is
extinguished.
SECTION 13B. This act, being necessary for the welfare of the town and county of Nantucket
and its inhabitants, shall be liberally construed to effect its purposes.
SECTION 14. Any time after five years from the effective date of this act, the town may
dissolve the housing bank by vote of the majority of the town members at town meeting, but the
fee imposed by section 9 shall continue to be imposed until all funding commitments, including
repayment of any bonds or notes, have been paid in full, and the Nantucket housing bank shall
continue in existence during this time for the sole purpose of collecting and administering these
fees. Upon dissolution of the Nantucket housing bank, title to all funds and other properties
held by the housing bank shall vest in the town of Nantucket after provision is made for
payment of all bonds, notes and other obligations of the housing bank. The Nantucket housing
bank commission shall not submit an amendment of this act to the general court unless the
amendment has been approved by the affirmative vote of a majority of the voters at a town
meeting.
SECTION 15. Acceptance of this act shall be by the affirmative vote of a majority of the voters
at any regular or special town election, or a state election, at which the question of acceptance
has been placed on the ballot. This act shall become effective on the date on which
acceptance by the town has been effected.
Or, to take any other action related thereto.
(Board of Selectmen)
NOTE: The above home rule petition was approved as Article 22 of the October 23, 2006
Special Town Meeting and Article 82 of the 2008 Annual Town Meeting. Home rule petitions
currently pending before the legislature, which were not acted upon by December 31, 2008, will
expire unless renewed by a confirmatory town meeting vote.
FINANCE COMMITTEE MOTION: Moved that the Town’s petition FINANCE COMMITTEE MOTION: Moved that the Town’s petition FINANCE COMMITTEE MOTION: Moved that the Town’s petition FINANCE COMMITTEE MOTION: Moved that the Town’s petition to to to to the General Court the General Court the General Court the General Court forforforfor a a a a
special act as voted pursuant to Article 22 of the October 23, 2006 Special Town Meetingspecial act as voted pursuant to Article 22 of the October 23, 2006 Special Town Meetingspecial act as voted pursuant to Article 22 of the October 23, 2006 Special Town Meetingspecial act as voted pursuant to Article 22 of the October 23, 2006 Special Town Meeting and and and and
Page 179
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Article 82 of the 2008 Annual Town MeetingArticle 82 of the 2008 Annual Town MeetingArticle 82 of the 2008 Annual Town MeetingArticle 82 of the 2008 Annual Town Meeting bebebebe hereby reauthorized in the form as previously hereby reauthorized in the form as previously hereby reauthorized in the form as previously hereby reauthorized in the form as previously
voted and printed again in this Warrant. voted and printed again in this Warrant. voted and printed again in this Warrant. voted and printed again in this Warrant.
BOARD OF SELECTMEN COMMENBOARD OF SELECTMEN COMMENBOARD OF SELECTMEN COMMENBOARD OF SELECTMEN COMMENT:T:T:T: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 63 63 63 63
(Home Rule Petition: Nantucket Islands Land Bank Act Amendment)
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 TO FURTHER CLARIFY THE NANTUCKET ISLANDS LAND BANK ACT
REGARDING REAL PROPERTY INTERESTS SUBJECT TO THE LAND BANK ACT'S
TRANSFER FEE
SECTION 1. The Nantucket Islands Land Bank Act (being chapter 669 of the Acts of 1983, as
amended by chapter 407 of the Acts of 1984, by chapter 202 of the Acts of 1985, by chapter
666 of the Acts of 1987, by chapter 392 of the Acts of 1991, by chapter 309 of the Acts of 1994,
by chapter 370 of the Acts of 2002, and by chapter 130 of the Acts of 2006, referred to
collectively as the "Land Bank Act") is hereby amended as follows:
(a) The definition of "Real property interest" appearing in Section 1 of the Land Bank Act shall
be restated in its entirety to the following:
"Real property interest", any present or future legal or equitable interest in or to real property,
and any beneficial interest therein, including the interest of any beneficiary in a trust which
holds any legal or equitable interest in real property; the interest of a partner or member in a
partnership or limited liability company, the interest of a stockholder in a corporation, the
interest of a holder of an option to purchase real property, the interest of a buyer or seller under
a contract for purchase and sale of real property, and the transferable development rights
created under Massachusetts General Laws chapter 183A; but shall not include any interest
which is limited to any of the following: the dominant estate in any easement or right of way;
the right to enforce any restriction; any estate at will or at sufferance; any estate for years
having a term of less than thirty years; any reversionary right, condition, or right of entry for
condition broken; and the interest of a mortgagee or other secured party in any mortgage or
security agreement.
(b) Section 10A of the Land Bank Act is hereby repealed in its entirety.
(c) The following sentence shall be inserted at the end of the preamble to Section 12 of the
Land Bank Act: "Any otherwise exempt transfer shall not be
exempt in the event that such transfer (by itself or as part of a series of transfers) was made for
the primary purpose of evading the fee imposed by Section 10."
Page 180
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(d) Section 12 (-i-) of the Land Bank Act shall be amended by deleting the portion thereof
commencing with "provided, however, that such . . ." through the end of subsection (-i-), and
the following shall be inserted in lieu thereof:
provided, however, that such transfer shall be exempt only in the event that (i) with respect
to a corporation, the transferor retains an interest in the newly formed corporation which is
equivalent to the interest the transferor held prior to the transfer, or (ii) with respect to a
partnership or limited liability company, the transferor retains after such formation rights in
capital interests and profit interests within such partnership or limited liability company which
are equivalent to the interest the transferor held prior to the transfer.
(e) Section 12 (-j-) of the Land Bank Act shall be entirely restated as follows:
Transfers made to a stockholder of a corporation in liquidation or partial liquidation of the
corporation, and transfers made to a partner of a partnership or to a member of a limited
liability company in dissolution or partial dissolution of the partnership or limited liability
company; but the transfer shall be exempt only if (i) with respect to a corporation, the
transferee receives property (including real property interests and other property received)
which is the same fraction of the total property of the transferor corporation as the fraction of
the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a
partnership or limited liability company, the transferee receives property (including real
property interests and other property received) which is the same fraction of the property of the
partnership or limited liability company as the fraction of the capital and profit interests in the
transferor formerly owned by the transferee.
(f) Delete from Section 12 (-m-) of the Land Bank Act the words "The first" from the beginning
of the subsection, and capitalize the word "an", which becomes the first word of the subsection.
(g) Add new subsection (-n-) to Section 12 of the Land Bank Act, as follows:
(-n-) Transfers of minority interests in corporations, trusts, partnerships or limited liability
companies which are publicly traded, which trades are not part of a series of transfers which
together constitute a transfer of control of a corporation, trust, partnership or limited liability
company.
(h) Add new subsection (-d-) to Section 14 of the Land Bank Act, as follows:
(-d-) If the Commission has determined that a fee is due by asserting the application of the
evasion of fee doctrine described in Section 12 of this Act, then the transferee shall have the
burden of demonstrating by clear and convincing evidence as determined by the Commission
that the transfer, or series of transfers, possessed both: (i) a valid, good faith business purpose
other than avoidance of the fee set forth in Section 10 of this Act and (ii) economic substance
apart from the asserted fee avoidance benefit. In all such cases the transferee shall also have
the burden of demonstrating by clear and convincing evidence as determined by the
Commission that the asserted non-fee-avoidance business purpose is commensurate with the
amount of the fee pursuant to Section 10 to be thereby avoided.
Page 181
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Or, to take any other action related thereto.
(Board of Selectmen)
NOTE: The above home rule petition was approved as Article 61 of the 2007 Annual Town
Meeting and Article 86 of the 2008 Annual Town Meeting. Home rule petitions currently
pending before the legislature, which were not acted upon by December 31, 2008, will expire
unless renewed by a confirmatory town meeting vote.
FINANCE COMMITTEE MOTION: Moved that the Town’s petition FINANCE COMMITTEE MOTION: Moved that the Town’s petition FINANCE COMMITTEE MOTION: Moved that the Town’s petition FINANCE COMMITTEE MOTION: Moved that the Town’s petition to to to to the General Court the General Court the General Court the General Court for a for a for a for a
special act as voted pursuant to Article special act as voted pursuant to Article special act as voted pursuant to Article special act as voted pursuant to Article 66661111 of the 2007 Annual Town Meeting of the 2007 Annual Town Meeting of the 2007 Annual Town Meeting of the 2007 Annual Town Meeting and Article 86 of and Article 86 of and Article 86 of and Article 86 of
the 200the 200the 200the 2008 Annual Town Meeting 8 Annual Town Meeting 8 Annual Town Meeting 8 Annual Town Meeting bebebebe hereby reauthorized in the form as previously voted and hereby reauthorized in the form as previously voted and hereby reauthorized in the form as previously voted and hereby reauthorized in the form as previously voted and
printed again in this Warrant.printed again in this Warrant.printed again in this Warrant.printed again in this Warrant.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 64ARTICLE 64ARTICLE 64ARTICLE 64
(Home Rule Petition: 7 Miacomet Road)
To see if the Town will vote to petition the General Court for enactment of a Home Rule
special act set forth below and to request the Town of Nantucket’s representatives to the
General Court to introduce a Special Act set forth below, and further to authorize the General
Court, with the approval of the Board of Selectmen, to make constructive changes in language
as may be necessary or advisable towards perfecting the intent of this legislation in order to
secure passage.
AN ACT APPROVING THE TOWN OF NANTUCKET TO USE, SELL, CONVEY OR
OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET
FOR ANY LAWFUL PURPOSE
Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the
Commonwealth of Massachusetts, notwithstanding the provisions of any general or special law
to the contrary, the Town of Nantucket may use for any lawful general municipal purpose, or
may sell, convey or otherwise dispose of that certain property being part of the parcel of land
identified as Town of Nantucket Assessor Map 67, Parcel 345, addressed 7 Miacomet Road
and shown as “Lot A 20,806 s.f.” on that certain plan entitled “Exhibit A Plan in Nantucket,
Mass., Prepared for Town of Nantucket” and dated January 18, 2008, or any portion thereof.
Section 2. This act shall take effect upon its passage.
Or, to take any other action related thereto.
(Board of Selectmen)
NOTE: The above home rule petition was approved as Article 87 of the 2008 Annual Town
Meeting. Home rule petitions currently pending before the legislature, which were not acted
upon by December 31, 2008, will expire unless renewed by a confirmatory town meeting vote.
FINANCE COMMITTEE MOTION: Moved that the Town’s FINANCE COMMITTEE MOTION: Moved that the Town’s FINANCE COMMITTEE MOTION: Moved that the Town’s FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General representatives to the General representatives to the General representatives to the General
Court be Court be Court be Court be requesrequesrequesrequested to introduce ted to introduce ted to introduce ted to introduce ththththeeee Special Act set forth below, and further to authorize the Special Act set forth below, and further to authorize the Special Act set forth below, and further to authorize the Special Act set forth below, and further to authorize the
Page 182
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
General Court, with the approval of the Board of Selectmen, to make constructive changes in General Court, with the approval of the Board of Selectmen, to make constructive changes in General Court, with the approval of the Board of Selectmen, to make constructive changes in General Court, with the approval of the Board of Selectmen, to make constructive changes in
language as may be necessary or advisable towards perfecting the intent of this legislation in language as may be necessary or advisable towards perfecting the intent of this legislation in language as may be necessary or advisable towards perfecting the intent of this legislation in language as may be necessary or advisable towards perfecting the intent of this legislation in
order to order to order to order to secure passage.secure passage.secure passage.secure passage.
AN ACT APPROVING THE TOWN OF NANTUCKET TO USE, SELL, CONVEY OR AN ACT APPROVING THE TOWN OF NANTUCKET TO USE, SELL, CONVEY OR AN ACT APPROVING THE TOWN OF NANTUCKET TO USE, SELL, CONVEY OR AN ACT APPROVING THE TOWN OF NANTUCKET TO USE, SELL, CONVEY OR
OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET
FOR ANY LAWFUL PURPOSEFOR ANY LAWFUL PURPOSEFOR ANY LAWFUL PURPOSEFOR ANY LAWFUL PURPOSE
Section 1.Section 1.Section 1.Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Pursuant to Article XCVII of the Amendments to the Constitution of the Pursuant to Article XCVII of the Amendments to the Constitution of the Pursuant to Article XCVII of the Amendments to the Constitution of the
Commonwealth of Massachusetts, notwithstanding the provisions of any general or special law Commonwealth of Massachusetts, notwithstanding the provisions of any general or special law Commonwealth of Massachusetts, notwithstanding the provisions of any general or special law Commonwealth of Massachusetts, notwithstanding the provisions of any general or special law
to the contrary, the Town of Nantucket may use for any lawful general municipal purpose, or to the contrary, the Town of Nantucket may use for any lawful general municipal purpose, or to the contrary, the Town of Nantucket may use for any lawful general municipal purpose, or to the contrary, the Town of Nantucket may use for any lawful general municipal purpose, or
may sell, convey or otherwise dispose of that certain property being pamay sell, convey or otherwise dispose of that certain property being pamay sell, convey or otherwise dispose of that certain property being pamay sell, convey or otherwise dispose of that certain property being part of the parcel of land rt of the parcel of land rt of the parcel of land rt of the parcel of land
identified as Town of Nantucket Assessor Map 67, Parcel 345, addressed identified as Town of Nantucket Assessor Map 67, Parcel 345, addressed identified as Town of Nantucket Assessor Map 67, Parcel 345, addressed identified as Town of Nantucket Assessor Map 67, Parcel 345, addressed 1111 Miacomet Road Miacomet Road Miacomet Road Miacomet Road
and shown as “Lot A 20,806 s.f.” on that certain plan entitled “Exhibit A Plan in Nantucket, and shown as “Lot A 20,806 s.f.” on that certain plan entitled “Exhibit A Plan in Nantucket, and shown as “Lot A 20,806 s.f.” on that certain plan entitled “Exhibit A Plan in Nantucket, and shown as “Lot A 20,806 s.f.” on that certain plan entitled “Exhibit A Plan in Nantucket,
Mass., Prepared for Town of Nantucket” and dated Mass., Prepared for Town of Nantucket” and dated Mass., Prepared for Town of Nantucket” and dated Mass., Prepared for Town of Nantucket” and dated January 18, 2008, or any portion thereof.January 18, 2008, or any portion thereof.January 18, 2008, or any portion thereof.January 18, 2008, or any portion thereof.
Section 2.Section 2.Section 2.Section 2. This act shall take effect upon its passage. This act shall take effect upon its passage. This act shall take effect upon its passage. This act shall take effect upon its passage.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 65 65 65 65
(Home Rule Petition: Expansion of Room Occupancy Tax
to Cover Seasonal Vacation Rentals)
To see if the Town will vote to authorize the Board of Selectmen to petition the General
Court for special legislation extending the application of the existing room occupancy tax to
vacation rentals not currently subject to such tax; provided, however, that the General Court,
with the approval of the Board of Selectmen, is authorized to make constructive changes in
language as may be necessary or advisable towards perfecting the intent of this legislation in
order to secure passage, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved not to adopt the Articlenot to adopt the Articlenot to adopt the Articlenot to adopt the Article....
FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT: The Finance Committee does not support the Article as The Finance Committee does not support the Article as The Finance Committee does not support the Article as The Finance Committee does not support the Article as
written due to concerns over possible adverse effects on touwritten due to concerns over possible adverse effects on touwritten due to concerns over possible adverse effects on touwritten due to concerns over possible adverse effects on tourism, costly implementation, and rism, costly implementation, and rism, costly implementation, and rism, costly implementation, and
the requirement that more than half of the money would go to the State.the requirement that more than half of the money would go to the State.the requirement that more than half of the money would go to the State.the requirement that more than half of the money would go to the State.
BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Article as written BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Article as written BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Article as written BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Article as written
and recommends adoption. and recommends adoption. and recommends adoption. and recommends adoption. As written, the Article is As written, the Article is As written, the Article is As written, the Article is a a a a permissive, permissive, permissive, permissive, revenuerevenuerevenuerevenue----enhancing enhancing enhancing enhancing
measure. measure. measure. measure. Many towns on Cape Cod are pursuing this measure. Many towns on Cape Cod are pursuing this measure. Many towns on Cape Cod are pursuing this measure. Many towns on Cape Cod are pursuing this measure.
Page 183
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLARTICLARTICLARTICLE 66E 66E 66E 66
(Home Rule Petition: Harbor and Shellfish Advisory Board)
To see if the Town will vote to authorize the Board of Selectmen to petition the General
Court for special legislation set forth below; provided, however, that the General Court may
with the approval of the Board of Selectmen, make constructive changes in language as may
be necessary or advisable towards perfecting the intent of this legislation in order to secure
passage; or to take any other action related thereto.
AN ACT EXEMPTING THE HARBOR AND SHELLFISH ADVISORY BOARD MEMBERSHIP
FROM CONFLICT OF INTEREST REGARDING DISCUSSION OF SHELLFISH LICENSING
Section 1. The second paragraph of Chapter 465 of the Acts of 1976 (“An Act Establishing a
Harbor and Shellfish Advisory Board in the Town of Nantucket”) as amended by Chapter 270 of
the Acts of 1979 (“An Act Providing for the Filling of Vacancies on the Harbor and Shellfish
Advisory Board of the Town of Nantucket”), is hereby amended by adding the following new
sentence at the end of the existing text:
“It is the intent of the establishment of the Nantucket Harbor and Shellfish Advisory
Board to provide an advisory role for commercial fishermen and those who make a living
from the sea, to the Nantucket Board of Selectmen, therefore to encourage such
persons to participate in this publicly elected advisory board, the members of the Board
shall be exempt from subsections (a) and (c) of section 17 of chapter 268A of the
General Laws and from section 19(a) when participating in the particular matter of
providing advice and recommendations to the Board of Selectmen regarding shellfish
fishing, harvesting, licensing and fishery standards.”
Section 2. This act shall take effect upon its passage.
(Board of Selectmen)
FINANCE FINANCE FINANCE FINANCE COMMITTEECOMMITTEECOMMITTEECOMMITTEE MOTION: Moved that Nantucket’s representatives to the General MOTION: Moved that Nantucket’s representatives to the General MOTION: Moved that Nantucket’s representatives to the General MOTION: Moved that Nantucket’s representatives to the General
Court are hereby Court are hereby Court are hereby Court are hereby requesrequesrequesrequested ted ted ted to petition the General Court for special legislation set forth below; to petition the General Court for special legislation set forth below; to petition the General Court for special legislation set forth below; to petition the General Court for special legislation set forth below;
provided, howeveprovided, howeveprovided, howeveprovided, however, that the General Court may with the approval of the Board of Selectmen, r, that the General Court may with the approval of the Board of Selectmen, r, that the General Court may with the approval of the Board of Selectmen, r, that the General Court may with the approval of the Board of Selectmen,
make constructive changes in language as may be necessary or advisable towards perfecting make constructive changes in language as may be necessary or advisable towards perfecting make constructive changes in language as may be necessary or advisable towards perfecting make constructive changes in language as may be necessary or advisable towards perfecting
the intent of this legislation in order to secure passagethe intent of this legislation in order to secure passagethe intent of this legislation in order to secure passagethe intent of this legislation in order to secure passage::::
AN ACT EXEMPTING THE HARBOR ANDAN ACT EXEMPTING THE HARBOR ANDAN ACT EXEMPTING THE HARBOR ANDAN ACT EXEMPTING THE HARBOR AND SHELLFISH ADVISORY BOARD MEMBERSHIP SHELLFISH ADVISORY BOARD MEMBERSHIP SHELLFISH ADVISORY BOARD MEMBERSHIP SHELLFISH ADVISORY BOARD MEMBERSHIP
FROM CONFLICT OF INTEREST REGARDING DISCUSSION OF SHELLFISH LICENSINGFROM CONFLICT OF INTEREST REGARDING DISCUSSION OF SHELLFISH LICENSINGFROM CONFLICT OF INTEREST REGARDING DISCUSSION OF SHELLFISH LICENSINGFROM CONFLICT OF INTEREST REGARDING DISCUSSION OF SHELLFISH LICENSING
Section 1.Section 1.Section 1.Section 1. The second paragraph of Chapter 465 of the Acts of 1976 (“An Act Establishing a The second paragraph of Chapter 465 of the Acts of 1976 (“An Act Establishing a The second paragraph of Chapter 465 of the Acts of 1976 (“An Act Establishing a The second paragraph of Chapter 465 of the Acts of 1976 (“An Act Establishing a
Harbor and Shellfish Advisory Board in the Town of NantucHarbor and Shellfish Advisory Board in the Town of NantucHarbor and Shellfish Advisory Board in the Town of NantucHarbor and Shellfish Advisory Board in the Town of Nantucket”) as amended by Chapter 270 ket”) as amended by Chapter 270 ket”) as amended by Chapter 270 ket”) as amended by Chapter 270
of the Acts of 1979 (“An Act Providing for theof the Acts of 1979 (“An Act Providing for theof the Acts of 1979 (“An Act Providing for theof the Acts of 1979 (“An Act Providing for the Filling of Vacancies on the Harbor and Shellfish Filling of Vacancies on the Harbor and Shellfish Filling of Vacancies on the Harbor and Shellfish Filling of Vacancies on the Harbor and Shellfish
Advisory Board of the Town of Nantucket”), is hereby amended by adding the following new Advisory Board of the Town of Nantucket”), is hereby amended by adding the following new Advisory Board of the Town of Nantucket”), is hereby amended by adding the following new Advisory Board of the Town of Nantucket”), is hereby amended by adding the following new
sentence at the end of the existing texsentence at the end of the existing texsentence at the end of the existing texsentence at the end of the existing text: t: t: t:
“It is the intent of the establishment of the Nantucket Harbor and Shellfish Advisory “It is the intent of the establishment of the Nantucket Harbor and Shellfish Advisory “It is the intent of the establishment of the Nantucket Harbor and Shellfish Advisory “It is the intent of the establishment of the Nantucket Harbor and Shellfish Advisory
Board to provide an advisory role for commercial fishermen and those who make a living Board to provide an advisory role for commercial fishermen and those who make a living Board to provide an advisory role for commercial fishermen and those who make a living Board to provide an advisory role for commercial fishermen and those who make a living
from the sea, to the Nantucket Board of Selectmen, therefore to encourage suchfrom the sea, to the Nantucket Board of Selectmen, therefore to encourage suchfrom the sea, to the Nantucket Board of Selectmen, therefore to encourage suchfrom the sea, to the Nantucket Board of Selectmen, therefore to encourage such
Page 184
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
persons to participate in this publicly elected advisory board, the members of the Board persons to participate in this publicly elected advisory board, the members of the Board persons to participate in this publicly elected advisory board, the members of the Board persons to participate in this publicly elected advisory board, the members of the Board
shall be exempt from subsections (a) and (c) of section 17 of chapter 268A of the shall be exempt from subsections (a) and (c) of section 17 of chapter 268A of the shall be exempt from subsections (a) and (c) of section 17 of chapter 268A of the shall be exempt from subsections (a) and (c) of section 17 of chapter 268A of the
General Laws and from section 19(a) when participating in the particular matter of General Laws and from section 19(a) when participating in the particular matter of General Laws and from section 19(a) when participating in the particular matter of General Laws and from section 19(a) when participating in the particular matter of
pppproviding advice and recommendations to the Board of Selectmen regarding shellfish roviding advice and recommendations to the Board of Selectmen regarding shellfish roviding advice and recommendations to the Board of Selectmen regarding shellfish roviding advice and recommendations to the Board of Selectmen regarding shellfish
fishing, harvesting, licensing and fishery standards.”fishing, harvesting, licensing and fishery standards.”fishing, harvesting, licensing and fishery standards.”fishing, harvesting, licensing and fishery standards.”
Section 2.Section 2.Section 2.Section 2. This act shall take effect upon its passage.This act shall take effect upon its passage.This act shall take effect upon its passage.This act shall take effect upon its passage.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports Board of Selectmen supports Board of Selectmen supports Board of Selectmen supports the the the the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 67 67 67 67
(Home Rule Petition: Ocean Management Planning Process)
To see if the Town will vote to petition the General Court for special legislation that
would establish the basis for the Town of Nantucket, County of Nantucket and/or Nantucket
Planning & Economic Development Commission to more fully participate as primary
stakeholders in the Ocean Management planning process, and to authorize the General Court,
with the approval of the Nantucket Board of Selectmen, to make constructive changes to
perfect the language of the proposed legislation in order to secure passage, or to take any
other action related thereto.
(Board of Selectmen for Nantucket Planning and Economic Development Commission)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that Moved that Moved that Moved that the the the the TTTTown petition the General Court to enact own petition the General Court to enact own petition the General Court to enact own petition the General Court to enact
special legislation for the town of Nantucket to amend the Nantucket Planning & Economic special legislation for the town of Nantucket to amend the Nantucket Planning & Economic special legislation for the town of Nantucket to amend the Nantucket Planning & Economic special legislation for the town of Nantucket to amend the Nantucket Planning & Economic
Development Act as set forth below, that the General Court be authorDevelopment Act as set forth below, that the General Court be authorDevelopment Act as set forth below, that the General Court be authorDevelopment Act as set forth below, that the General Court be authorized, with the consent of ized, with the consent of ized, with the consent of ized, with the consent of
the Board of Selectmen, to make constructive changes in the text thereto to accomplish the the Board of Selectmen, to make constructive changes in the text thereto to accomplish the the Board of Selectmen, to make constructive changes in the text thereto to accomplish the the Board of Selectmen, to make constructive changes in the text thereto to accomplish the
public purposes thereof, as follows:public purposes thereof, as follows:public purposes thereof, as follows:public purposes thereof, as follows:
An Act Amending the responsibilities of the Nantucket Planning & Economic Development An Act Amending the responsibilities of the Nantucket Planning & Economic Development An Act Amending the responsibilities of the Nantucket Planning & Economic Development An Act Amending the responsibilities of the Nantucket Planning & Economic Development
CommissionCommissionCommissionCommission
SESESESECTION 1.CTION 1.CTION 1.CTION 1. Chapter 561 of the Acts of 1973, as amended by chapter 98 of the Acts of 1981 Chapter 561 of the Acts of 1973, as amended by chapter 98 of the Acts of 1981 Chapter 561 of the Acts of 1973, as amended by chapter 98 of the Acts of 1981 Chapter 561 of the Acts of 1973, as amended by chapter 98 of the Acts of 1981
and by Chapter 458 of the Acts of 1991, is hereby further amended by inserting the following and by Chapter 458 of the Acts of 1991, is hereby further amended by inserting the following and by Chapter 458 of the Acts of 1991, is hereby further amended by inserting the following and by Chapter 458 of the Acts of 1991, is hereby further amended by inserting the following
new Sections immediately following the existing text of section 4 as follownew Sections immediately following the existing text of section 4 as follownew Sections immediately following the existing text of section 4 as follownew Sections immediately following the existing text of section 4 as follows:s:s:s:
Section 4A.Section 4A.Section 4A.Section 4A. The Commission shall be The Commission shall be The Commission shall be The Commission shall be one of the Commonwealth’s regional one of the Commonwealth’s regional one of the Commonwealth’s regional one of the Commonwealth’s regional planning planning planning planning
agencagencagencagenciesiesiesies....
Section 4B.Section 4B.Section 4B.Section 4B. Certain developments of regional economic impact as hereinafter defined Certain developments of regional economic impact as hereinafter defined Certain developments of regional economic impact as hereinafter defined Certain developments of regional economic impact as hereinafter defined
proposed to be constructed within the limits of the town of Nantucket shallproposed to be constructed within the limits of the town of Nantucket shallproposed to be constructed within the limits of the town of Nantucket shallproposed to be constructed within the limits of the town of Nantucket shall not be constructed not be constructed not be constructed not be constructed
within such town without a Development of Regional Economic Impact Permit (“DREIP”) within such town without a Development of Regional Economic Impact Permit (“DREIP”) within such town without a Development of Regional Economic Impact Permit (“DREIP”) within such town without a Development of Regional Economic Impact Permit (“DREIP”)
therefore issued by the Nantucket Planning & Economic Development Commission created by therefore issued by the Nantucket Planning & Economic Development Commission created by therefore issued by the Nantucket Planning & Economic Development Commission created by therefore issued by the Nantucket Planning & Economic Development Commission created by
chapter 561 of the Acts of 1973 as amended, as a result of a majchapter 561 of the Acts of 1973 as amended, as a result of a majchapter 561 of the Acts of 1973 as amended, as a result of a majchapter 561 of the Acts of 1973 as amended, as a result of a majority vote of the membershority vote of the membershority vote of the membershority vote of the membership ip ip ip
thereof. A DREIP thereof. A DREIP thereof. A DREIP thereof. A DREIP shall be in addition to and not a substitute for, nor in any way detract from, shall be in addition to and not a substitute for, nor in any way detract from, shall be in addition to and not a substitute for, nor in any way detract from, shall be in addition to and not a substitute for, nor in any way detract from,
any permit, license, approval, or other permission issued by the Town of Nantucket or any any permit, license, approval, or other permission issued by the Town of Nantucket or any any permit, license, approval, or other permission issued by the Town of Nantucket or any any permit, license, approval, or other permission issued by the Town of Nantucket or any
other applicable governmental authority.other applicable governmental authority.other applicable governmental authority.other applicable governmental authority.
Page 185
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Section 4C.Section 4C.Section 4C.Section 4C. Developments of regional economic impact shall be those largeDevelopments of regional economic impact shall be those largeDevelopments of regional economic impact shall be those largeDevelopments of regional economic impact shall be those large----scale scale scale scale
commercial and industrial developments that have the potential to impact the appearance, commercial and industrial developments that have the potential to impact the appearance, commercial and industrial developments that have the potential to impact the appearance, commercial and industrial developments that have the potential to impact the appearance,
society and economy of the town of Nantucket that exceed any one of the following msociety and economy of the town of Nantucket that exceed any one of the following msociety and economy of the town of Nantucket that exceed any one of the following msociety and economy of the town of Nantucket that exceed any one of the following minimum inimum inimum inimum
thresholds:thresholds:thresholds:thresholds:
(a) 30,000 gross square feet of interior space in a single building or on a single lot for retail, (a) 30,000 gross square feet of interior space in a single building or on a single lot for retail, (a) 30,000 gross square feet of interior space in a single building or on a single lot for retail, (a) 30,000 gross square feet of interior space in a single building or on a single lot for retail,
manufacturing, or industrial use;manufacturing, or industrial use;manufacturing, or industrial use;manufacturing, or industrial use;
(b) 40,000 square feet of exterior storage, exterior industrial use;(b) 40,000 square feet of exterior storage, exterior industrial use;(b) 40,000 square feet of exterior storage, exterior industrial use;(b) 40,000 square feet of exterior storage, exterior industrial use;
(c) Alterations to more than 5 a(c) Alterations to more than 5 a(c) Alterations to more than 5 a(c) Alterations to more than 5 acres ofcres ofcres ofcres of shore, beach, seacoast, pond, marsh, dune, shore, beach, seacoast, pond, marsh, dune, shore, beach, seacoast, pond, marsh, dune, shore, beach, seacoast, pond, marsh, dune,
woodland, wetland, endangered species habitat, aquifer, or other resource area for woodland, wetland, endangered species habitat, aquifer, or other resource area for woodland, wetland, endangered species habitat, aquifer, or other resource area for woodland, wetland, endangered species habitat, aquifer, or other resource area for
commercial or industrial use; orcommercial or industrial use; orcommercial or industrial use; orcommercial or industrial use; or
(d) Any commercial or industrial use that requires more than 100 parking spaces as (d) Any commercial or industrial use that requires more than 100 parking spaces as (d) Any commercial or industrial use that requires more than 100 parking spaces as (d) Any commercial or industrial use that requires more than 100 parking spaces as
detedetedetedetermined by the zoning bylaw of the Town of Nantucket. rmined by the zoning bylaw of the Town of Nantucket. rmined by the zoning bylaw of the Town of Nantucket. rmined by the zoning bylaw of the Town of Nantucket.
Section 4D.Section 4D.Section 4D.Section 4D. The Commission shall by majority vote adopt rules and regulations for the The Commission shall by majority vote adopt rules and regulations for the The Commission shall by majority vote adopt rules and regulations for the The Commission shall by majority vote adopt rules and regulations for the
issuance of a DREIP after a public hearing, with a minimum of fourteen days prior notice to the issuance of a DREIP after a public hearing, with a minimum of fourteen days prior notice to the issuance of a DREIP after a public hearing, with a minimum of fourteen days prior notice to the issuance of a DREIP after a public hearing, with a minimum of fourteen days prior notice to the
Town of NantucketTown of NantucketTown of NantucketTown of Nantucket Board of Selectmen of the time and place of such hearing; provided Board of Selectmen of the time and place of such hearing; provided Board of Selectmen of the time and place of such hearing; provided Board of Selectmen of the time and place of such hearing; provided
however, such rules and regulations shall not take effect except upon an affirmative vote of the however, such rules and regulations shall not take effect except upon an affirmative vote of the however, such rules and regulations shall not take effect except upon an affirmative vote of the however, such rules and regulations shall not take effect except upon an affirmative vote of the
Town of Nantucket at a duly scheduled Town Meeting.Town of Nantucket at a duly scheduled Town Meeting.Town of Nantucket at a duly scheduled Town Meeting.Town of Nantucket at a duly scheduled Town Meeting. Such rules and regulations shall Such rules and regulations shall Such rules and regulations shall Such rules and regulations shall
incluincluincluinclude specific time lines for action by the Commission (including without limitation that the de specific time lines for action by the Commission (including without limitation that the de specific time lines for action by the Commission (including without limitation that the de specific time lines for action by the Commission (including without limitation that the
Commission shall file a written decision with the Town Clerk within 180 days of the Commission shall file a written decision with the Town Clerk within 180 days of the Commission shall file a written decision with the Town Clerk within 180 days of the Commission shall file a written decision with the Town Clerk within 180 days of the
Commission’s receipt of a complete application for the issuance of a DREIP), and Commission’s receipt of a complete application for the issuance of a DREIP), and Commission’s receipt of a complete application for the issuance of a DREIP), and Commission’s receipt of a complete application for the issuance of a DREIP), and standards standards standards standards
and criteria to assess visual and environmental impacts, employment characteristics and and criteria to assess visual and environmental impacts, employment characteristics and and criteria to assess visual and environmental impacts, employment characteristics and and criteria to assess visual and environmental impacts, employment characteristics and
requirements for municipal or regional services including solid waste disposal, water, sewer, requirements for municipal or regional services including solid waste disposal, water, sewer, requirements for municipal or regional services including solid waste disposal, water, sewer, requirements for municipal or regional services including solid waste disposal, water, sewer,
tourist services and facilities, transportation and education. tourist services and facilities, transportation and education. tourist services and facilities, transportation and education. tourist services and facilities, transportation and education. Such rules and regulations shall Such rules and regulations shall Such rules and regulations shall Such rules and regulations shall
provide that the provide that the provide that the provide that the Commission shall issue a DREIP Commission shall issue a DREIP Commission shall issue a DREIP Commission shall issue a DREIP upon making the following findings:upon making the following findings:upon making the following findings:upon making the following findings:
(a) The probable benefit of the proposed project will exceed the probable detriment;(a) The probable benefit of the proposed project will exceed the probable detriment;(a) The probable benefit of the proposed project will exceed the probable detriment;(a) The probable benefit of the proposed project will exceed the probable detriment;
(b) The proposed project is in compliance with any m(b) The proposed project is in compliance with any m(b) The proposed project is in compliance with any m(b) The proposed project is in compliance with any master plan adopted by the aster plan adopted by the aster plan adopted by the aster plan adopted by the
community pursuant to Chapter 41community pursuant to Chapter 41community pursuant to Chapter 41community pursuant to Chapter 41----81D of the general laws of the Commonwealth, or 81D of the general laws of the Commonwealth, or 81D of the general laws of the Commonwealth, or 81D of the general laws of the Commonwealth, or
other authority; andother authority; andother authority; andother authority; and
(c) There are no practical, feasible or practicable options or alternatives that might (c) There are no practical, feasible or practicable options or alternatives that might (c) There are no practical, feasible or practicable options or alternatives that might (c) There are no practical, feasible or practicable options or alternatives that might
otherwise be employed due to unique physiotherwise be employed due to unique physiotherwise be employed due to unique physiotherwise be employed due to unique physical, social or economic conditions related to cal, social or economic conditions related to cal, social or economic conditions related to cal, social or economic conditions related to
Nantucket’s island location.Nantucket’s island location.Nantucket’s island location.Nantucket’s island location.
SECTION 2.SECTION 2.SECTION 2.SECTION 2. TTTThis Act shall take effect upon passage. his Act shall take effect upon passage. his Act shall take effect upon passage. his Act shall take effect upon passage.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 68ARTICLE 68ARTICLE 68ARTICLE 68
(Home Rule Petition: Pay for Town Employees Serving in Armed Forces)
To see if the Town will vote to adopt An act Authorizing the town of Nantucket to pay full
salary and benefits to town employees who are assigned or present in a theatre of combat
operations while serving in the Armed Forces of the United States.
Page 186
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
SECTIONSECTIONSECTIONSECTION 1.1.1.1. Notwithstanding any general or special law to the contrary, an employee of the
town of Nantucket, including the Nantucket school department, who has been granted a
military leave of absence because the employee is a member of the army national guard, the
air national guard or a reserve component of the armed services called to active service in the
armed forces of the United States after September 11, 2001, shall be entitled to receive his/her
regular base salary as a town of Nantucket employee or an employee of the Nantucket school
department, as the case may be, for each pay period during his/her military leave of absence
without reduction by any amount received from the United States as pay or allowance for
military service performed during the same pay period. An employee eligible under this section
shall not lose any seniority or any accrued vacation leave, sick leave, personal leave or
retirement service credits as a result of his military service.
SECTIONSECTIONSECTIONSECTION 2.2.2.2. Notwithstanding any general or special law to the contrary, the town of Nantucket
may expend in the current fiscal year costs incurred in prior fiscal years associated with the
payment of salary and paid leave time to an employee eligible pursuant to this act.
SECTIONSECTIONSECTIONSECTION 3.3.3.3. Notwithstanding any general or special law to the contrary, the town of
Nantucket, including the Nantucket school department, may provide up to 5 calendar days of
pre-deployment, paid leave time to any employee in its service who has requested a military
leave of absence because the employee is a member of the army national guard, the air
national guard or a reserve component of the armed services called to active service in the
armed forces of the United States and who is subject to deployment orders and requiring that
he/she be on military leave for at least 90 days. This pre-deployment leave shall not count
towards personal, sick, vacation or other leave time and shall not be deducted from creditable
service for retirement purposes.
SECTION 4SECTION 4SECTION 4SECTION 4. This act shall take effect upon its passage.
(Jeffrey Ross, et al)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved not to adopt the Article.Moved not to adopt the Article.Moved not to adopt the Article.Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: The Town of Nantucket a The Town of Nantucket a The Town of Nantucket a The Town of Nantucket acceptcceptcceptccepted legislation governing ed legislation governing ed legislation governing ed legislation governing
this matter, c. 77 ofthis matter, c. 77 ofthis matter, c. 77 ofthis matter, c. 77 of the Acts of 2005, at the 2008 Annual Town Meeting (Article 88). the Acts of 2005, at the 2008 Annual Town Meeting (Article 88). the Acts of 2005, at the 2008 Annual Town Meeting (Article 88). the Acts of 2005, at the 2008 Annual Town Meeting (Article 88).
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 69ARTICLE 69ARTICLE 69ARTICLE 69
(Home Rule Petition: Pay for William J. Higgins)
To see if the Town will vote to: Adopt An Act Relative to William J. Higgins, An
Employee of the Town of Nantucket.
Section 1. Notwithstanding any general or special law or rule or regulation to the contrary, the
Town of Nantucket, MA shall pay William J. Higgins, an employee of the Town of Nantucket
who was granted a military leave of absence to serve in support of Operation Enduring
Freedom after September 11, 2001, the amount of $29,539.41. This amount constitutes the
Page 187
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
regular base salary that William J. Higgins, would have received as a town of Nantucket
employee during his military leave reduced by the amount he received from the United States
as base pay for military service performed during the same pay period.
Section 2. This act shall take effect upon its passage.
(Brian Murphy, et al)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that Moved that Moved that Moved that the town's representatives to the General Court the town's representatives to the General Court the town's representatives to the General Court the town's representatives to the General Court
are hereby requested to introduce a Special Act set forth below, and to authorize the General are hereby requested to introduce a Special Act set forth below, and to authorize the General are hereby requested to introduce a Special Act set forth below, and to authorize the General are hereby requested to introduce a Special Act set forth below, and to authorize the General
Court, with the approval of the Board of Selectmen, to make constrCourt, with the approval of the Board of Selectmen, to make constrCourt, with the approval of the Board of Selectmen, to make constrCourt, with the approval of the Board of Selectmen, to make constructive changes in language uctive changes in language uctive changes in language uctive changes in language
as may be necessary or advisable towards perfecting the intent of this legislation in order to as may be necessary or advisable towards perfecting the intent of this legislation in order to as may be necessary or advisable towards perfecting the intent of this legislation in order to as may be necessary or advisable towards perfecting the intent of this legislation in order to
secure passage, as follows:secure passage, as follows:secure passage, as follows:secure passage, as follows:
An Act Relative to William J. Higgins, An Employee of the Town of Nantucket.An Act Relative to William J. Higgins, An Employee of the Town of Nantucket.An Act Relative to William J. Higgins, An Employee of the Town of Nantucket.An Act Relative to William J. Higgins, An Employee of the Town of Nantucket.
Section 1.Section 1.Section 1.Section 1. NotwithstandingNotwithstandingNotwithstandingNotwithstanding any general or special law or rule or regulation to the contrary, any general or special law or rule or regulation to the contrary, any general or special law or rule or regulation to the contrary, any general or special law or rule or regulation to the contrary,
the Tothe Tothe Tothe Town of Nantucket, MA wn of Nantucket, MA wn of Nantucket, MA wn of Nantucket, MA is authorized, subject to appropriation, to payis authorized, subject to appropriation, to payis authorized, subject to appropriation, to payis authorized, subject to appropriation, to pay William J. Higgins, William J. Higgins, William J. Higgins, William J. Higgins,
an employee of the Town of Nantucket who was granted a military leave of absence to serve in an employee of the Town of Nantucket who was granted a military leave of absence to serve in an employee of the Town of Nantucket who was granted a military leave of absence to serve in an employee of the Town of Nantucket who was granted a military leave of absence to serve in
susususupport of Operation Enduring Freedom after September 11, 2001, the amount of $29,539.41. pport of Operation Enduring Freedom after September 11, 2001, the amount of $29,539.41. pport of Operation Enduring Freedom after September 11, 2001, the amount of $29,539.41. pport of Operation Enduring Freedom after September 11, 2001, the amount of $29,539.41.
This amount constitutes the regular base salary that William J. Higgins, would have received This amount constitutes the regular base salary that William J. Higgins, would have received This amount constitutes the regular base salary that William J. Higgins, would have received This amount constitutes the regular base salary that William J. Higgins, would have received
as a town of Nantucket employee during his military leave reduced by the aas a town of Nantucket employee during his military leave reduced by the aas a town of Nantucket employee during his military leave reduced by the aas a town of Nantucket employee during his military leave reduced by the amount he received mount he received mount he received mount he received
from the United States as base pay for military service performed during the same pay period. from the United States as base pay for military service performed during the same pay period. from the United States as base pay for military service performed during the same pay period. from the United States as base pay for military service performed during the same pay period.
Section 2Section 2Section 2Section 2.... This act shall take effect upon its passage. This act shall take effect upon its passage. This act shall take effect upon its passage. This act shall take effect upon its passage.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee M M M Motion.otion.otion.otion.
ARTICLE 70ARTICLE 70ARTICLE 70ARTICLE 70
(Acceptance of Massachusetts General Law: Military Pay)
To see if the Town will vote to accept the provisions of Massachusetts
General Law Chapter 33 Section 59. “Effect of military service on salary or vacation allowance
of public employees.”
PART 1. ADMINISTRATION OF THE GOVERNMENT
TITLE V. MILITIA
CHAPTER 33. MILITIA
IV. OPERATIONS AND TRAINING
Chapter 33: Section 59. Effect of military service on salary or vacation allowance of public
employees
Page 188
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Section 59. Any person in the service of the commonwealth, or of a county, city or town which,
by vote of its county commissioners or city council or of its inhabitants at a town meeting,
accepts this section, or has accepted similar provisions of earlier laws, shall be entitled, during
the time of his service in the armed forces of the commonwealth, under section thirty-eight,
forty, forty-one, forty-two or sixty, or during his annual tour of duty of not exceeding 34 days in
any state fiscal year and not exceeding 17 days in any federal fiscal year as a member of a
reserve component of the armed forces of the United States, to receive pay therefor, without
loss of his ordinary remuneration as an employee or official of the commonwealth, or of such
county, city or town, and shall also be entitled to the same leaves of absence or vacation with
pay given to other like employees or officials.
(Jeffrey Ross, et al)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved not to adopt the Moved not to adopt the Moved not to adopt the Moved not to adopt the Article.Article.Article.Article.
FINANCE COMMITTEE COMMENT: The Town of Nantucket aFINANCE COMMITTEE COMMENT: The Town of Nantucket aFINANCE COMMITTEE COMMENT: The Town of Nantucket aFINANCE COMMITTEE COMMENT: The Town of Nantucket accepccepccepccepted legislation governing ted legislation governing ted legislation governing ted legislation governing
this matter, c. 77 of the Acts of 2005, at the 2008 Annual Town Meeting (Article 88).this matter, c. 77 of the Acts of 2005, at the 2008 Annual Town Meeting (Article 88).this matter, c. 77 of the Acts of 2005, at the 2008 Annual Town Meeting (Article 88).this matter, c. 77 of the Acts of 2005, at the 2008 Annual Town Meeting (Article 88).
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 71717171
(Acceptance of Statute Regarding Local Tax Options)
To see if the Town will vote to accept or adopt, or otherwise to authorize the Board of
Selectmen to take such steps as required by law to implement any general or special law
heretofore or hereafter enacted by the General Court for the purpose of increasing the
occupancy, meals, or any other taxes, for the benefit of the town, or to take any other action
related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: MFINANCE COMMITTEE MOTION: MFINANCE COMMITTEE MOTION: MFINANCE COMMITTEE MOTION: MOTION TO BE PROVIDED AT TOWN MEOTION TO BE PROVIDED AT TOWN MEOTION TO BE PROVIDED AT TOWN MEOTION TO BE PROVIDED AT TOWN MEETING.ETING.ETING.ETING.
ARTICLEARTICLEARTICLEARTICLE 72 72 72 72
(Acceptance of MGL 44, Sections 55C - 109 of the Acts of 2006/Affordable Housing Trust
Fund)
To see if the Town will vote to accept the provisions of Massachusetts General
Laws Chapter 44, Section 55C and establish a Town of Nantucket Affordable Housing Trust
Fund, the provisions of which shall read as follows:
TOWN OF NANTUCKET AFFORDABLE HOUSING TRUST
Pursuant to a vote at the Nantucket 2009 Annual Town Meeting and pursuant to the provisions
of M.G.L. c. 44 Section 55C adopted at the Nantucket 2009 Annual Town Meeting, the Town of
Nantucket hereby establishes the Town of Nantucket Affordable Housing Trust Fund in the
manner and under the terms and conditions set forth herein.
Page 189
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
1. Name of Trust.
The trust shall be called the "Town of Nantucket Affordable Housing Trust Fund", herein
referred to as the Trust.
2. Purpose.
The purpose of the Trust is to provide for the creation and presentation of affordable housing in
the Town of Nantucket for the benefit of year-round low and moderate income households who
would otherwise have difficulty, financial or otherwise, locating housing on Nantucket.
3. Tenure of Trustees.
There shall be a Board of Trustees consisting of nine Trustees who shall be appointed by the
Board of Selectmen. Five of the Trustees shall be members of the Board of Selectmen. Only
persons who are residents of the Town of Nantucket shall be eligible to hold the office of
Trustee. The Chairman of Nantucket Housing Authority (NHA) shall be an ex-officio member
with no right to vote. Board of Selectmen shall serve for their specific term of office, not to
exceed two years as Trustees. Trustees shall serve for a term of two years, except that one of
the initial trustee appointments shall be for a term of one year. Trustees may be reappointed by
the Board of Selectmen for succeeding terms, and there is no limit on the number of terms
which a Trustee can serve. Any Trustee may resign by written instrument signed and
acknowledged by such Trustee and duly filed with the Town Clerk. If a Trustee shall die, resign,
or for any other reason cease to fulfill the duties of a Trustee hereunder before his/her term of
office expires, a successor shall be appointed by the Board of Selectmen to fill the remainder of
the term of such vacancy provided that said appointment and acceptance in writing by the
newly appointed Trustee is filed with the Town Clerk. Upon the appointment of any Trustee and
the filing of such appointment with the Town Clerk, the title to the Trust estate shall thereupon
and without the necessity of any conveyance be vested in such succeeding Trustee jointly with
the remaining Trustees. Reference to the Trustee shall mean the Trustee or Trustees for the
time being hereunder. Trustees may be removed at any time for cause by a majority vote of the
Board of Selectmen following a properly noticed public hearing. Cause shall include, but not be
limited to, violation of any local, state or federal law; non-participation in business of the Trust;
incapacity to perform the duties of a Trustee; acts of the Trustee, that in the opinion of the
Board of Selectmen, are grossly negligent or detrimental to the Town of Nantucket or the Trust.
4. Meetings of the Trust.
The Trust shall meet at least quarterly at such time and at such place as the Trustees shall
determine. Notice of all meetings of the Trust shall be given in accordance with the provisions
of the Open Meeting Law, G.L. Chapter 39, Sections 23A, 23B and 23C. A quorum at any
meeting shall be a majority of the nine Trustees, which majority is qualified and present in
person. Minutes of all meetings shall be recorded and filed with the Town Clerk in accordance
with the provisions of the Open Meeting Law, M.G.L. Chapter 39, Sections 23A, 23B and 23C.
5. Powers of Trustees.
The Powers of the Trust, shall be the following, except that: (a) any purchase, sale, lease,
exchange, transfer or conveyance of any interest in real property is subject to a two-thirds
(2/3rds) vote of the Trustees; (b) the Trustees may incur debt, borrow money, grant mortgages
and pledge trust assets only in an amount not to exceed eighty percent (80%) of the total value
of the Trust's assets; and (c) any debt incurred by the Trust shall not constitute a pledge of the
Page 190
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
full faith and credit of the Town of Nantucket and all documents related to any debt shall
contain a statement that the holder of any such debt shall have no recourse against the Town
of Nantucket with an acknowledgement of said statement by the holder: (1) to accept and
receive property, whether real or personal, by gift, grant, devise, or transfer from any person,
firm, corporation or other public or private entity, including without limitation grants of funds or
other property tendered to the trust in connection with provisions of any zoning ordinance or
bylaw or any other ordinance or bylaw; (2) to purchase and retain real or personal property,
including without restriction investments that yield a high rate of income or no income;
(3) to sell, lease, exchange, transfer or convey any personal, mixed or real property at public
auction or by private contract for such consideration and on such terms as to credit or
otherwise and to make such contracts and enter into such undertakings relative to trust
property as the Trust deems advisable notwithstanding the length of any such lease or
contract; (4) to execute, acknowledge and deliver deeds, assignments, transfers, pledges,
leases, covenants, contracts, promissory notes, releases and other instruments sealed or
unsealed, necessary, proper or incident to any transaction in which the Board of Trustees
engages for the accomplishment of the purposes of the Trust; (5) to employ advisors and
agents, such as accountants, appraisers and lawyers as the Trustees deem necessary;
(6) to pay reasonable compensation and expenses to all advisors and agents and to apportion
such compensation between income and principal as the Trustees deem advisable; (7) to
apportion receipts and charges between incomes and principal as the Trustees deem
advisable, to amortize premiums and establish sinking funds for such purpose and to create
reserves for depreciation, depletion or otherwise; (8) to participate in any reorganization,
recapitalization, merger or similar transactions; and to give proxies or powers of attorney with
or without power of substitution to vote any securities or certificates of interest and to consent
to any contract, lease, mortgage, purchase or sale of property, by or between any
corporation and any other corporation or person; (9) to deposit any security with any protective
reorganization committee and to delegate to such committee such powers and authority with
relation thereto as the Trustees may deem proper and to pay out of Trust property, such
portion of expenses and compensation of such committee as the Trust may deem
necessary and appropriate; (10) to carry property for accounting purposes other than
acquisition date values; (11) to borrow money on such terms and conditions and from such
sources as the Trust deems advisable, to mortgage and pledge trust assets as collateral;
(12) to make distributions or divisions of principal in kind; (13) to comprise, attribute, defend,
enforce, release, settle or otherwise adjust claims in favor or against the Trust, including claims
for taxes and to accept any property, either in total or partial satisfaction of any indebtedness or
other obligation and subject to the provisions of the Act, to continue to hold the same for such
period of time as the Trust may deem appropriate; (14) to manage or improve real property and
to abandon any property which the Trustees determine not to be worth retaining; (15) to hold all
or part of the Trust property un-invested for such purposes and for such time as the Trustees
may deem appropriate; and (16) to extend the time for payment of any obligation to the Trust.
6. Funds Paid to the Trust.
Notwithstanding any general or special law to the contrary, all monies paid to the Trust in
accordance with any Town of Nantucket zoning by-law, exaction fee, or private contribution
shall be paid directly into the Trust and need not be appropriated or accepted and approved
into the Trust. Funds appropriated by the Town of Nantucket Town Meeting for payment into
the Trust become Trust property and these funds need not be further appropriated to be
Page 191
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
expended. All monies remaining in the Trust at the end of any fiscal year, whether or not
expended by the Trust, remain Trust property. The Trust shall comply with any lawful
conditions stipulated in the article’s motion for monies appropriated by the Nantucket Town
Meeting.
7. Acts of Trustees.
A majority of Trustees may exercise any or all of the powers of the Trustees hereunder, unless
otherwise provided, and may execute on behalf of the Trustees any and all instruments with
the same effect as though executed by all the Trustees. No Trustee shall be required to give
bond. No license of court shall be required to confirm the validity of any transaction entered
into by the Trustees with respect to the Trust Estate. Any expenditure by the trust to any one
party in a cumulative amount exceeding $100,000.00 or donations to any charitable
organization by the Trust shall also be approved by the Board of Selectmen prior to finalizing
the transaction.
8. Liability.
Neither the Trustees nor any agent or officer of the Trust shall have the authority to bind the
Town of Nantucket, except in the manner specifically authorized herein. The Trust is a public
employer and the Trustees are public employees for the purposes of M.G.L. Chapter 258. The
Trust shall be deemed a municipal agency and the Trustees special municipal employees for
the purposes of M.G.L. Chapter 268A.
9. Taxes.
The Trust is exempt from M.G.L. Chapter 59 and 62, and from any other provisions concerning
payment of taxes based upon or measured by property or income imposed by the
Commonwealth or any political subdivision thereof.
10. Custodian of Funds.
The Town of Nantucket Treasurer shall be the custodian of the funds of the Trust. The books
and records of the Trust shall be audited annually by an independent auditor in accordance
with accepted accounting practices for municipalities. Costs associated with the independent
audit shall be born by the Trust. Furthermore, all funds paid to the Trust shall be deposited
directly into a separate and distinct bank account under the Town Collector/Treasurer’s
custodianship. A separate and distinct organizational code with a Chart of Accounts will be
established on the Town’s accounting system, and it will be the Trust’s responsibility to
maintain its financial records on the Town system. As the Trust will adopt an approved budget,
the Trust must follow all warrant, accounts payables and policies and procedures.
11. Governmental Body.
The Trust is a governmental body for purposes of Sections 23A, 23B and 23C of M.G.L.
Chapter 39.
12. Board of the Town.
The Trust is a Board of the Town for purposes of M.G.L. Chapter 30B and Section 15A of
M.G.L. Chapter 40; but agreements and conveyances between the Trust and agencies,
boards, commissions, authorities, departments and public instrumentalities of the town shall be
exempt from said Chapter 30B.
Page 192
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
13. Duration of the Trust.
This Trust shall be of indefinite duration until terminated by a vote of the Nantucket Town
Meeting. Upon termination of the Trust, subject to the payment of or making provisions for the
payment of all obligations and liabilities of the Trust and the Trustees, the net assets of the
Trust shall be transferred to the Town of Nantucket and held by the Board of Selectmen for
affordable housing purposes. In making any such distribution, the Trustees may, subject to the
approval of the Board of Selectmen, sell all or any portion of the Trust property and distribute
the net proceeds thereof to the Town of Nantucket. The powers of the Trustees shall continue
until the affairs of the Trust are concluded. Once the Nantucket Town Meeting has voted to
terminate the Trust, all financial transactions made on behalf of the Trust shall be approved by
the Board of Selectmen.
14. Registry of Deeds.
The Board of Selectmen may grant the Trustees any additional authority needed to execute,
deliver and record with the Registry of Deeds any documents required for any
conveyance authorized hereunder.
15. Titles.
The titles to the various Articles herein are for convenience only and are not to be considered
part of said Articles nor shall they affect the meaning or the language of any such Article.
16. Compensation of Trustees.
Trustees shall not receive a salary, stipend, bonus or other means of compensation for their
service as a Trustee, nor shall they be eligible for any benefits from the Town of Nantucket.
Trustees may be compensated for reasonable out-of-pocket expenses for travel and other
Trust-related expenses. All such out-of-pocket expenses shall be fully documented with
receipts for expenses prior to payment by the Trust.
17. Amendments.
The provisions of this Trust can only be amended by a vote of the Nantucket Town Meeting.
18. Conflicts of Interest.
The Trust shall be considered a public employer and the Trustees shall be subject to the
conflict of interest provisions of M.G.L. Chapter 268A.
19. Trustee Agreements.
Trustees will be required to execute an agreement with the Trust at the time of their
appointment by the Board of Selectmen outlining their roles and responsibilities in accordance
with the provisions of this Trust. Such form of agreement shall be developed by the Board of
Selectmen and approved as to form by the Nantucket Town Counsel.
20. Annual Report.
The Trustees shall prepare an annual report describing the activities of the Trust on a calendar
year basis. The annual report shall be submitted to Nantucket Board of Selectmen by June
30th of the following year. The annual report shall list all financial transactions conducted by
the Trust including all revenues and costs, provide a balance sheet of liabilities and assets of
the Trust, list an inventory of all affordable housing units created, sold, and or managed by the
Page 193
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Trust, and any other pertinent information related to the business of the Trust. Twenty hard
copies and an electronic copy of the annual report shall be submitted to the Board of
Selectmen.
Or, to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: MoveMoveMoveMoved that the Town accept the provisions of d that the Town accept the provisions of d that the Town accept the provisions of d that the Town accept the provisions of
Massachusetts General Laws Chapter 44, section 55C and a Town of Nantucket Affordable Massachusetts General Laws Chapter 44, section 55C and a Town of Nantucket Affordable Massachusetts General Laws Chapter 44, section 55C and a Town of Nantucket Affordable Massachusetts General Laws Chapter 44, section 55C and a Town of Nantucket Affordable
Housing Trust Fund be established, the provisions of which shall read as follows:Housing Trust Fund be established, the provisions of which shall read as follows:Housing Trust Fund be established, the provisions of which shall read as follows:Housing Trust Fund be established, the provisions of which shall read as follows:
TOWN OF NANTUCKET AFFORDABLE HOUSING TRUSTTOWN OF NANTUCKET AFFORDABLE HOUSING TRUSTTOWN OF NANTUCKET AFFORDABLE HOUSING TRUSTTOWN OF NANTUCKET AFFORDABLE HOUSING TRUST
PuPuPuPursuant to a vote at the Nantucket 2009 Annual Town Meeting and pursuant torsuant to a vote at the Nantucket 2009 Annual Town Meeting and pursuant torsuant to a vote at the Nantucket 2009 Annual Town Meeting and pursuant torsuant to a vote at the Nantucket 2009 Annual Town Meeting and pursuant to the provisions the provisions the provisions the provisions
of M.G.L. c. 44 Section 55C adopted at the Nantucket 2009 Annualof M.G.L. c. 44 Section 55C adopted at the Nantucket 2009 Annualof M.G.L. c. 44 Section 55C adopted at the Nantucket 2009 Annualof M.G.L. c. 44 Section 55C adopted at the Nantucket 2009 Annual Town Meeting, the Town of Town Meeting, the Town of Town Meeting, the Town of Town Meeting, the Town of
Nantucket hereby establishes the Town of Nantucket Affordable Housing TrustNantucket hereby establishes the Town of Nantucket Affordable Housing TrustNantucket hereby establishes the Town of Nantucket Affordable Housing TrustNantucket hereby establishes the Town of Nantucket Affordable Housing Trust Fund in the Fund in the Fund in the Fund in the
manner and under the terms and conditions set forth herein.manner and under the terms and conditions set forth herein.manner and under the terms and conditions set forth herein.manner and under the terms and conditions set forth herein.
1.1.1.1. Name of the TrustName of the TrustName of the TrustName of the Trust
The trust shall be called the "Town of Nantucket Affordable HousingThe trust shall be called the "Town of Nantucket Affordable HousingThe trust shall be called the "Town of Nantucket Affordable HousingThe trust shall be called the "Town of Nantucket Affordable Housing Trust Fund", herein Trust Fund", herein Trust Fund", herein Trust Fund", herein
referred to as the Trust.referred to as the Trust.referred to as the Trust.referred to as the Trust.
2.2.2.2. PurposePurposePurposePurpose
The purpose of the Trust is to provThe purpose of the Trust is to provThe purpose of the Trust is to provThe purpose of the Trust is to provide for the creation and preservation of affordable housing in ide for the creation and preservation of affordable housing in ide for the creation and preservation of affordable housing in ide for the creation and preservation of affordable housing in
the Town of Nantucket in perpetuity for the benefit of yearthe Town of Nantucket in perpetuity for the benefit of yearthe Town of Nantucket in perpetuity for the benefit of yearthe Town of Nantucket in perpetuity for the benefit of year----round low and moderate income round low and moderate income round low and moderate income round low and moderate income
households who would otherwise have difficulty, financial or otherwise, locating housing on households who would otherwise have difficulty, financial or otherwise, locating housing on households who would otherwise have difficulty, financial or otherwise, locating housing on households who would otherwise have difficulty, financial or otherwise, locating housing on
Nantucket.Nantucket.Nantucket.Nantucket.
3.3.3.3. Tenure of TrusteesTenure of TrusteesTenure of TrusteesTenure of Trustees
There shall be a Board of Trustees consisting of nine Trustees who shall be appointed by the There shall be a Board of Trustees consisting of nine Trustees who shall be appointed by the There shall be a Board of Trustees consisting of nine Trustees who shall be appointed by the There shall be a Board of Trustees consisting of nine Trustees who shall be appointed by the
Board of Selectmen. Five of the Trustees shall be members of the Board of Selectmen. Only Board of Selectmen. Five of the Trustees shall be members of the Board of Selectmen. Only Board of Selectmen. Five of the Trustees shall be members of the Board of Selectmen. Only Board of Selectmen. Five of the Trustees shall be members of the Board of Selectmen. Only
persons who are residents of the Town ofpersons who are residents of the Town ofpersons who are residents of the Town ofpersons who are residents of the Town of NantucketNantucketNantucketNantucket shall be eligible to hold the office of shall be eligible to hold the office of shall be eligible to hold the office of shall be eligible to hold the office of
Trustee. The Chairman ofTrustee. The Chairman ofTrustee. The Chairman ofTrustee. The Chairman of Nantucket Housing Authority (NHA) shall be a member. The Board Nantucket Housing Authority (NHA) shall be a member. The Board Nantucket Housing Authority (NHA) shall be a member. The Board Nantucket Housing Authority (NHA) shall be a member. The Board
of Selectmen shall appoint two members of the public. Board of Selectmen shall serve for their of Selectmen shall appoint two members of the public. Board of Selectmen shall serve for their of Selectmen shall appoint two members of the public. Board of Selectmen shall serve for their of Selectmen shall appoint two members of the public. Board of Selectmen shall serve for their
specific term of office, not to specific term of office, not to specific term of office, not to specific term of office, not to exceed two years as Trustees. Trustees shall serve for a term of exceed two years as Trustees. Trustees shall serve for a term of exceed two years as Trustees. Trustees shall serve for a term of exceed two years as Trustees. Trustees shall serve for a term of
two years, except that one of the initial trustee appointments shall be for a term of one year. two years, except that one of the initial trustee appointments shall be for a term of one year. two years, except that one of the initial trustee appointments shall be for a term of one year. two years, except that one of the initial trustee appointments shall be for a term of one year.
Trustees may be reappointed by the Board of Selectmen for succeeding terms, and there is no Trustees may be reappointed by the Board of Selectmen for succeeding terms, and there is no Trustees may be reappointed by the Board of Selectmen for succeeding terms, and there is no Trustees may be reappointed by the Board of Selectmen for succeeding terms, and there is no
lilililimit on the number of terms which a Trustee can serve. Any Trustee may resign by written mit on the number of terms which a Trustee can serve. Any Trustee may resign by written mit on the number of terms which a Trustee can serve. Any Trustee may resign by written mit on the number of terms which a Trustee can serve. Any Trustee may resign by written
instrument signed and acknowledged by such Trustee and duly filed with the Town Clerk. If a instrument signed and acknowledged by such Trustee and duly filed with the Town Clerk. If a instrument signed and acknowledged by such Trustee and duly filed with the Town Clerk. If a instrument signed and acknowledged by such Trustee and duly filed with the Town Clerk. If a
Trustee shall die, resign, or for any other reason cease to fulfill the dutiTrustee shall die, resign, or for any other reason cease to fulfill the dutiTrustee shall die, resign, or for any other reason cease to fulfill the dutiTrustee shall die, resign, or for any other reason cease to fulfill the duties of a Trustee es of a Trustee es of a Trustee es of a Trustee
hereunder before his/her term of office expires, a successor shall be appointed by the Board of hereunder before his/her term of office expires, a successor shall be appointed by the Board of hereunder before his/her term of office expires, a successor shall be appointed by the Board of hereunder before his/her term of office expires, a successor shall be appointed by the Board of
Selectmen to fill the remainder of the term of such vacancy provided that said appointment and Selectmen to fill the remainder of the term of such vacancy provided that said appointment and Selectmen to fill the remainder of the term of such vacancy provided that said appointment and Selectmen to fill the remainder of the term of such vacancy provided that said appointment and
acceptance in writing by the newly appointed Trusacceptance in writing by the newly appointed Trusacceptance in writing by the newly appointed Trusacceptance in writing by the newly appointed Trustee is filed with the Town Clerk. Upon the tee is filed with the Town Clerk. Upon the tee is filed with the Town Clerk. Upon the tee is filed with the Town Clerk. Upon the
appointment of any Trustee and the filing of such appointment with the Town Clerk, the title to appointment of any Trustee and the filing of such appointment with the Town Clerk, the title to appointment of any Trustee and the filing of such appointment with the Town Clerk, the title to appointment of any Trustee and the filing of such appointment with the Town Clerk, the title to
the Trust estate shall thereupon and without the necessity of any conveyance be vested in the Trust estate shall thereupon and without the necessity of any conveyance be vested in the Trust estate shall thereupon and without the necessity of any conveyance be vested in the Trust estate shall thereupon and without the necessity of any conveyance be vested in
such succeeding Trustee joisuch succeeding Trustee joisuch succeeding Trustee joisuch succeeding Trustee jointly with the remaining Trustees. Reference to the Trustee shall ntly with the remaining Trustees. Reference to the Trustee shall ntly with the remaining Trustees. Reference to the Trustee shall ntly with the remaining Trustees. Reference to the Trustee shall
mean the Trustee or Trustees for the time being hereunder. Trustees may be removed at any mean the Trustee or Trustees for the time being hereunder. Trustees may be removed at any mean the Trustee or Trustees for the time being hereunder. Trustees may be removed at any mean the Trustee or Trustees for the time being hereunder. Trustees may be removed at any
Page 194
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
time for cause by a majority vote of the Board of Selectmen following a properly noticed public time for cause by a majority vote of the Board of Selectmen following a properly noticed public time for cause by a majority vote of the Board of Selectmen following a properly noticed public time for cause by a majority vote of the Board of Selectmen following a properly noticed public
hearihearihearihearing. Cause shall include, but not be limited to, violation of any local, state or federal law; ng. Cause shall include, but not be limited to, violation of any local, state or federal law; ng. Cause shall include, but not be limited to, violation of any local, state or federal law; ng. Cause shall include, but not be limited to, violation of any local, state or federal law;
nonnonnonnon----participation in business of the Trust; incapacity to perform the duties of a Trustee; acts of participation in business of the Trust; incapacity to perform the duties of a Trustee; acts of participation in business of the Trust; incapacity to perform the duties of a Trustee; acts of participation in business of the Trust; incapacity to perform the duties of a Trustee; acts of
the Trustee, that in the opinion of the Board of Selectmen, arethe Trustee, that in the opinion of the Board of Selectmen, arethe Trustee, that in the opinion of the Board of Selectmen, arethe Trustee, that in the opinion of the Board of Selectmen, are grossly negligent or detrimental grossly negligent or detrimental grossly negligent or detrimental grossly negligent or detrimental
to the Town of Nantucket or the Trust.to the Town of Nantucket or the Trust.to the Town of Nantucket or the Trust.to the Town of Nantucket or the Trust.
4.4.4.4. Meetings of the TrustMeetings of the TrustMeetings of the TrustMeetings of the Trust
The Trust shall meet at least quarterly at such time and at such place asThe Trust shall meet at least quarterly at such time and at such place asThe Trust shall meet at least quarterly at such time and at such place asThe Trust shall meet at least quarterly at such time and at such place as the Trustees shall the Trustees shall the Trustees shall the Trustees shall
determine. Notice of all meetings of the Trust shall be given indetermine. Notice of all meetings of the Trust shall be given indetermine. Notice of all meetings of the Trust shall be given indetermine. Notice of all meetings of the Trust shall be given in accordance with the provisions accordance with the provisions accordance with the provisions accordance with the provisions
of the Open Meeting Law, G.L. Chapter 39,of the Open Meeting Law, G.L. Chapter 39,of the Open Meeting Law, G.L. Chapter 39,of the Open Meeting Law, G.L. Chapter 39, Sections 23A, 23B and 23C. A quorum at any Sections 23A, 23B and 23C. A quorum at any Sections 23A, 23B and 23C. A quorum at any Sections 23A, 23B and 23C. A quorum at any
meeting shall be a majority of the nine Trustees, which majority is qualified and present in meeting shall be a majority of the nine Trustees, which majority is qualified and present in meeting shall be a majority of the nine Trustees, which majority is qualified and present in meeting shall be a majority of the nine Trustees, which majority is qualified and present in
person. Minutes of all meetings shall be recorperson. Minutes of all meetings shall be recorperson. Minutes of all meetings shall be recorperson. Minutes of all meetings shall be recorded and filed with the Town Clerk in accordance ded and filed with the Town Clerk in accordance ded and filed with the Town Clerk in accordance ded and filed with the Town Clerk in accordance
with the provisions of the Open Meeting Law, M.G.L. Chapter 39, Sections 23A, 23B and 23C.with the provisions of the Open Meeting Law, M.G.L. Chapter 39, Sections 23A, 23B and 23C.with the provisions of the Open Meeting Law, M.G.L. Chapter 39, Sections 23A, 23B and 23C.with the provisions of the Open Meeting Law, M.G.L. Chapter 39, Sections 23A, 23B and 23C.
5.5.5.5. Powers of TrusteesPowers of TrusteesPowers of TrusteesPowers of Trustees
The Powers of the Trust, shall be the following, except that: (a) anyThe Powers of the Trust, shall be the following, except that: (a) anyThe Powers of the Trust, shall be the following, except that: (a) anyThe Powers of the Trust, shall be the following, except that: (a) any purchase, sale, lease, purchase, sale, lease, purchase, sale, lease, purchase, sale, lease,
eeeexchange, transfer or conveyance of any interest in realxchange, transfer or conveyance of any interest in realxchange, transfer or conveyance of any interest in realxchange, transfer or conveyance of any interest in real property is subject to a twoproperty is subject to a twoproperty is subject to a twoproperty is subject to a two----thirds thirds thirds thirds
((((2/3rds) vote of the Trustees; (b) the Trustees2/3rds) vote of the Trustees; (b) the Trustees2/3rds) vote of the Trustees; (b) the Trustees2/3rds) vote of the Trustees; (b) the Trustees may incur debt, borrow money, grant mortgages may incur debt, borrow money, grant mortgages may incur debt, borrow money, grant mortgages may incur debt, borrow money, grant mortgages
and pledge trust assets only inand pledge trust assets only inand pledge trust assets only inand pledge trust assets only in an amount not to exceed eighty percentan amount not to exceed eighty percentan amount not to exceed eighty percentan amount not to exceed eighty percent (80%) of the total value (80%) of the total value (80%) of the total value (80%) of the total value
of the Trust'sof the Trust'sof the Trust'sof the Trust's assets; and (c) any debt incurred by the Trust shall not constitute a pledge of theassets; and (c) any debt incurred by the Trust shall not constitute a pledge of theassets; and (c) any debt incurred by the Trust shall not constitute a pledge of theassets; and (c) any debt incurred by the Trust shall not constitute a pledge of the
full faith and credit of the Town of Nantucket and all documents related to anyfull faith and credit of the Town of Nantucket and all documents related to anyfull faith and credit of the Town of Nantucket and all documents related to anyfull faith and credit of the Town of Nantucket and all documents related to any debt shall debt shall debt shall debt shall
contain a statement that the holder of acontain a statement that the holder of acontain a statement that the holder of acontain a statement that the holder of any such debt shall have nony such debt shall have nony such debt shall have nony such debt shall have no recourse against the Town recourse against the Town recourse against the Town recourse against the Town
of Nantucket with an acknowledgement of saidof Nantucket with an acknowledgement of saidof Nantucket with an acknowledgement of saidof Nantucket with an acknowledgement of said statement by the holder:statement by the holder:statement by the holder:statement by the holder:
(1)(1)(1)(1) to accept and receive property, whether real or personal, or money, by gift, grant, to accept and receive property, whether real or personal, or money, by gift, grant, to accept and receive property, whether real or personal, or money, by gift, grant, to accept and receive property, whether real or personal, or money, by gift, grant,
devise, or transfer from any person, firm, codevise, or transfer from any person, firm, codevise, or transfer from any person, firm, codevise, or transfer from any person, firm, corporation or other public or private entity, rporation or other public or private entity, rporation or other public or private entity, rporation or other public or private entity,
including without limitation grants of funds or other property tendered to the trust in including without limitation grants of funds or other property tendered to the trust in including without limitation grants of funds or other property tendered to the trust in including without limitation grants of funds or other property tendered to the trust in
connection with provisionconnection with provisionconnection with provisionconnection with provisions of any zoning ordinance or bys of any zoning ordinance or bys of any zoning ordinance or bys of any zoning ordinance or bylaw or any law or any law or any law or any other ordinance or other ordinance or other ordinance or other ordinance or
bybybybylaw;law;law;law;
(2)(2)(2)(2) to purchase and retain reato purchase and retain reato purchase and retain reato purchase and retain real or personal property, including without restrictionl or personal property, including without restrictionl or personal property, including without restrictionl or personal property, including without restriction
investments that yield a high rate of income or no income;investments that yield a high rate of income or no income;investments that yield a high rate of income or no income;investments that yield a high rate of income or no income;
(3)(3)(3)(3) to sell, lease, exchange, transfer or convey any personal, mixed or realto sell, lease, exchange, transfer or convey any personal, mixed or realto sell, lease, exchange, transfer or convey any personal, mixed or realto sell, lease, exchange, transfer or convey any personal, mixed or real property property property property
at public auction or by private contract for such consideat public auction or by private contract for such consideat public auction or by private contract for such consideat public auction or by private contract for such consideration and onration and onration and onration and on such terms as to credit or such terms as to credit or such terms as to credit or such terms as to credit or
otherwise and to make such contracts and enter intootherwise and to make such contracts and enter intootherwise and to make such contracts and enter intootherwise and to make such contracts and enter into such undertakings relative to trust such undertakings relative to trust such undertakings relative to trust such undertakings relative to trust
property as the Trust deems advisableproperty as the Trust deems advisableproperty as the Trust deems advisableproperty as the Trust deems advisable notwithstanding the length of any such lease or notwithstanding the length of any such lease or notwithstanding the length of any such lease or notwithstanding the length of any such lease or
contract;contract;contract;contract;
(4)(4)(4)(4) to execute, acknowledge andto execute, acknowledge andto execute, acknowledge andto execute, acknowledge and deliver deeds, assignments, transfers, pledges, deliver deeds, assignments, transfers, pledges, deliver deeds, assignments, transfers, pledges, deliver deeds, assignments, transfers, pledges,
leases, covenants, contracts, promissory notes, releases and other instrumentsleases, covenants, contracts, promissory notes, releases and other instrumentsleases, covenants, contracts, promissory notes, releases and other instrumentsleases, covenants, contracts, promissory notes, releases and other instruments sealed or sealed or sealed or sealed or
unsealed, necessary, proper or incident to any transaction in which theunsealed, necessary, proper or incident to any transaction in which theunsealed, necessary, proper or incident to any transaction in which theunsealed, necessary, proper or incident to any transaction in which the Board of Trustees Board of Trustees Board of Trustees Board of Trustees
engages for the accomplishmeengages for the accomplishmeengages for the accomplishmeengages for the accomplishment of the purposes of the Trust;nt of the purposes of the Trust;nt of the purposes of the Trust;nt of the purposes of the Trust;
(5)(5)(5)(5) to employ advisors and agents, such as accountants, appraisers and lawyersto employ advisors and agents, such as accountants, appraisers and lawyersto employ advisors and agents, such as accountants, appraisers and lawyersto employ advisors and agents, such as accountants, appraisers and lawyers as as as as
the Trustees deem necessary;the Trustees deem necessary;the Trustees deem necessary;the Trustees deem necessary;
(6)(6)(6)(6) to pay reasonable compensation and expenses to all advisors and agents andto pay reasonable compensation and expenses to all advisors and agents andto pay reasonable compensation and expenses to all advisors and agents andto pay reasonable compensation and expenses to all advisors and agents and to to to to
apportion such compensation bapportion such compensation bapportion such compensation bapportion such compensation between income and principal as the Trusteesetween income and principal as the Trusteesetween income and principal as the Trusteesetween income and principal as the Trustees deem advisable;deem advisable;deem advisable;deem advisable;
((((7)7)7)7) to participate in any reorganization, recapitalization, merger or similarto participate in any reorganization, recapitalization, merger or similarto participate in any reorganization, recapitalization, merger or similarto participate in any reorganization, recapitalization, merger or similar
transactions; and to give proxies or powers of attorney with or without power oftransactions; and to give proxies or powers of attorney with or without power oftransactions; and to give proxies or powers of attorney with or without power oftransactions; and to give proxies or powers of attorney with or without power of substitution to substitution to substitution to substitution to
vote any securities ovote any securities ovote any securities ovote any securities or certificates of interest and to consent tor certificates of interest and to consent tor certificates of interest and to consent tor certificates of interest and to consent to any contract, lease, mortgage, any contract, lease, mortgage, any contract, lease, mortgage, any contract, lease, mortgage,
Page 195
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
purchase or sale of property, by or between anypurchase or sale of property, by or between anypurchase or sale of property, by or between anypurchase or sale of property, by or between any corporation and any other corporation or corporation and any other corporation or corporation and any other corporation or corporation and any other corporation or
person;person;person;person;
(8(8(8(8)))) to deposit any security with any protective reorganization committee and toto deposit any security with any protective reorganization committee and toto deposit any security with any protective reorganization committee and toto deposit any security with any protective reorganization committee and to
deldeldeldelegate to such committee such powers and authority with relation thereto asegate to such committee such powers and authority with relation thereto asegate to such committee such powers and authority with relation thereto asegate to such committee such powers and authority with relation thereto as the Trustees the Trustees the Trustees the Trustees
may deem proper and to pay out of Trust property, such portion ofmay deem proper and to pay out of Trust property, such portion ofmay deem proper and to pay out of Trust property, such portion ofmay deem proper and to pay out of Trust property, such portion of expenses and expenses and expenses and expenses and
ccccompensation of such committee as the Trust may deemompensation of such committee as the Trust may deemompensation of such committee as the Trust may deemompensation of such committee as the Trust may deem necessary and appropriate;necessary and appropriate;necessary and appropriate;necessary and appropriate;
(9(9(9(9)))) to bto bto bto borrow money on such terms and conditions and from such sources asorrow money on such terms and conditions and from such sources asorrow money on such terms and conditions and from such sources asorrow money on such terms and conditions and from such sources as the the the the
Trust deems advisable, to mortgage and pledge trust assets as collateral;Trust deems advisable, to mortgage and pledge trust assets as collateral;Trust deems advisable, to mortgage and pledge trust assets as collateral;Trust deems advisable, to mortgage and pledge trust assets as collateral;
(10(10(10(10)))) to make distributions or divisions of principal in kind;to make distributions or divisions of principal in kind;to make distributions or divisions of principal in kind;to make distributions or divisions of principal in kind;
(11(11(11(11)))) to comprise, attribute, defend, enforce, releto comprise, attribute, defend, enforce, releto comprise, attribute, defend, enforce, releto comprise, attribute, defend, enforce, release, settle or otherwise adjustase, settle or otherwise adjustase, settle or otherwise adjustase, settle or otherwise adjust claims claims claims claims
in favor or against the Trust, including claims for taxes and to accept anyin favor or against the Trust, including claims for taxes and to accept anyin favor or against the Trust, including claims for taxes and to accept anyin favor or against the Trust, including claims for taxes and to accept any property, either in property, either in property, either in property, either in
total or partial satisfaction of any indebtedness or othertotal or partial satisfaction of any indebtedness or othertotal or partial satisfaction of any indebtedness or othertotal or partial satisfaction of any indebtedness or other obligation and subject to the provisions obligation and subject to the provisions obligation and subject to the provisions obligation and subject to the provisions
of the Act, to continof the Act, to continof the Act, to continof the Act, to continue to hold theue to hold theue to hold theue to hold the same for such period of time as the Trust may deem same for such period of time as the Trust may deem same for such period of time as the Trust may deem same for such period of time as the Trust may deem
appropriate;appropriate;appropriate;appropriate;
(12(12(12(12)))) to manage or improve real property and to abandon any property which theto manage or improve real property and to abandon any property which theto manage or improve real property and to abandon any property which theto manage or improve real property and to abandon any property which the
Trustees determine not to be worth retaining; andTrustees determine not to be worth retaining; andTrustees determine not to be worth retaining; andTrustees determine not to be worth retaining; and
(13(13(13(13)))) to extend the time for payment of any obligato extend the time for payment of any obligato extend the time for payment of any obligato extend the time for payment of any obligation to the Trust.tion to the Trust.tion to the Trust.tion to the Trust.
6.6.6.6. Funds Paid to the TrustFunds Paid to the TrustFunds Paid to the TrustFunds Paid to the Trust
Notwithstanding any general or special law to the contrary, all moniesNotwithstanding any general or special law to the contrary, all moniesNotwithstanding any general or special law to the contrary, all moniesNotwithstanding any general or special law to the contrary, all monies paid to the Trust in paid to the Trust in paid to the Trust in paid to the Trust in
accordance with any Town of Nantucketaccordance with any Town of Nantucketaccordance with any Town of Nantucketaccordance with any Town of Nantucket zoning by zoning by zoning by zoning bylaw,law,law,law, exaction fee, or private contribution exaction fee, or private contribution exaction fee, or private contribution exaction fee, or private contribution
shall be paid directly intoshall be paid directly intoshall be paid directly intoshall be paid directly into the Trust and the Trust and the Trust and the Trust and need not be appropriated or accepted and approved need not be appropriated or accepted and approved need not be appropriated or accepted and approved need not be appropriated or accepted and approved
into the Trust. Fundsinto the Trust. Fundsinto the Trust. Fundsinto the Trust. Funds appropriated by the Town of Nantucket Town Meeting for payment into appropriated by the Town of Nantucket Town Meeting for payment into appropriated by the Town of Nantucket Town Meeting for payment into appropriated by the Town of Nantucket Town Meeting for payment into
thethethethe Trust become Trust property and these funds need not be further appropriatedTrust become Trust property and these funds need not be further appropriatedTrust become Trust property and these funds need not be further appropriatedTrust become Trust property and these funds need not be further appropriated to be to be to be to be
expended. All expended. All expended. All expended. All monies remaining in the Trust at the end of any fiscal year, whether or not monies remaining in the Trust at the end of any fiscal year, whether or not monies remaining in the Trust at the end of any fiscal year, whether or not monies remaining in the Trust at the end of any fiscal year, whether or not
expended by the Trust, remain Trust property. The Trust shall comply with any lawful expended by the Trust, remain Trust property. The Trust shall comply with any lawful expended by the Trust, remain Trust property. The Trust shall comply with any lawful expended by the Trust, remain Trust property. The Trust shall comply with any lawful
conditions stipulated in the article’s motion for monies appropriated by the Nantucket Town conditions stipulated in the article’s motion for monies appropriated by the Nantucket Town conditions stipulated in the article’s motion for monies appropriated by the Nantucket Town conditions stipulated in the article’s motion for monies appropriated by the Nantucket Town
MeeMeeMeeMeeting.ting.ting.ting.
7.7.7.7. Acts of TrusteesActs of TrusteesActs of TrusteesActs of Trustees
A majority of Trustees may exercise any or all of the powers of theA majority of Trustees may exercise any or all of the powers of theA majority of Trustees may exercise any or all of the powers of theA majority of Trustees may exercise any or all of the powers of the Trustees hereunder, unless Trustees hereunder, unless Trustees hereunder, unless Trustees hereunder, unless
otherwise provided, and may execute on behalf ofotherwise provided, and may execute on behalf ofotherwise provided, and may execute on behalf ofotherwise provided, and may execute on behalf of the Trustees any and all instruments with the Trustees any and all instruments with the Trustees any and all instruments with the Trustees any and all instruments with
the same effect as though executed bythe same effect as though executed bythe same effect as though executed bythe same effect as though executed by all tall tall tall the Trustees. No Trustee shall be required to give he Trustees. No Trustee shall be required to give he Trustees. No Trustee shall be required to give he Trustees. No Trustee shall be required to give
bond. No license of courtbond. No license of courtbond. No license of courtbond. No license of court shall be required to confirm the validity of any transaction entered shall be required to confirm the validity of any transaction entered shall be required to confirm the validity of any transaction entered shall be required to confirm the validity of any transaction entered
into by theinto by theinto by theinto by the Trustees with respect to the Trust Estate. Any expenditure by the trust to anyTrustees with respect to the Trust Estate. Any expenditure by the trust to anyTrustees with respect to the Trust Estate. Any expenditure by the trust to anyTrustees with respect to the Trust Estate. Any expenditure by the trust to any one one one one
party in a cumulparty in a cumulparty in a cumulparty in a cumulative amount exceeding $100,000.00 or donations to anyative amount exceeding $100,000.00 or donations to anyative amount exceeding $100,000.00 or donations to anyative amount exceeding $100,000.00 or donations to any charitable charitable charitable charitable
organization by the Trust shall also be approved by the Board oforganization by the Trust shall also be approved by the Board oforganization by the Trust shall also be approved by the Board oforganization by the Trust shall also be approved by the Board of Selectmen prior to finalizing Selectmen prior to finalizing Selectmen prior to finalizing Selectmen prior to finalizing
the transaction.the transaction.the transaction.the transaction.
8.8.8.8. LiabilityLiabilityLiabilityLiability
Neither the Trustees nor any agent or officer of the Trust shallNeither the Trustees nor any agent or officer of the Trust shallNeither the Trustees nor any agent or officer of the Trust shallNeither the Trustees nor any agent or officer of the Trust shall have the have the have the have the authority to bind the authority to bind the authority to bind the authority to bind the
Town of Nantucket, except in the manner specificallyTown of Nantucket, except in the manner specificallyTown of Nantucket, except in the manner specificallyTown of Nantucket, except in the manner specifically authorized herein. The Trust is a public authorized herein. The Trust is a public authorized herein. The Trust is a public authorized herein. The Trust is a public
employer and the Trustees are publicemployer and the Trustees are publicemployer and the Trustees are publicemployer and the Trustees are public employees for the purposes of M.G.L. Chapter 258. The employees for the purposes of M.G.L. Chapter 258. The employees for the purposes of M.G.L. Chapter 258. The employees for the purposes of M.G.L. Chapter 258. The
Trust shall be deemedTrust shall be deemedTrust shall be deemedTrust shall be deemed a municipal agenca municipal agenca municipal agenca municipal agency and the Trustees special municipal employees for y and the Trustees special municipal employees for y and the Trustees special municipal employees for y and the Trustees special municipal employees for
thethethethe purposes of M.G.L. Chapter 268A.purposes of M.G.L. Chapter 268A.purposes of M.G.L. Chapter 268A.purposes of M.G.L. Chapter 268A.
9.9.9.9. TaxesTaxesTaxesTaxes
Page 196
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
The Trust is exempt from M.G.L. Chapter 59 and 62, and from any otherThe Trust is exempt from M.G.L. Chapter 59 and 62, and from any otherThe Trust is exempt from M.G.L. Chapter 59 and 62, and from any otherThe Trust is exempt from M.G.L. Chapter 59 and 62, and from any other provisions concerning provisions concerning provisions concerning provisions concerning
payment of taxes based upon or measured by property orpayment of taxes based upon or measured by property orpayment of taxes based upon or measured by property orpayment of taxes based upon or measured by property or income impoincome impoincome impoincome imposed by the sed by the sed by the sed by the
Commonwealth or any political subdivision thereof.Commonwealth or any political subdivision thereof.Commonwealth or any political subdivision thereof.Commonwealth or any political subdivision thereof.
10.10.10.10. Custodian of FundsCustodian of FundsCustodian of FundsCustodian of Funds
The Town of Nantucket Treasurer shall be the custodian of the funds ofThe Town of Nantucket Treasurer shall be the custodian of the funds ofThe Town of Nantucket Treasurer shall be the custodian of the funds ofThe Town of Nantucket Treasurer shall be the custodian of the funds of the Trust. The books the Trust. The books the Trust. The books the Trust. The books
and records of the Trust shall be audited annually by anand records of the Trust shall be audited annually by anand records of the Trust shall be audited annually by anand records of the Trust shall be audited annually by an independent auditor iindependent auditor iindependent auditor iindependent auditor in accordance n accordance n accordance n accordance
with accepted accounting practices forwith accepted accounting practices forwith accepted accounting practices forwith accepted accounting practices for municipalities. Costs associated with the independent municipalities. Costs associated with the independent municipalities. Costs associated with the independent municipalities. Costs associated with the independent
audit shall be born by theaudit shall be born by theaudit shall be born by theaudit shall be born by the Trust. Furthermore, all funds paid to the Trust shall be deposited Trust. Furthermore, all funds paid to the Trust shall be deposited Trust. Furthermore, all funds paid to the Trust shall be deposited Trust. Furthermore, all funds paid to the Trust shall be deposited
directly into a separate and distinct bank account underdirectly into a separate and distinct bank account underdirectly into a separate and distinct bank account underdirectly into a separate and distinct bank account under the Town Collector/Treasurer’s the Town Collector/Treasurer’s the Town Collector/Treasurer’s the Town Collector/Treasurer’s
custodianship. A separate and distinct organizational code with a Chart of Accounts will be custodianship. A separate and distinct organizational code with a Chart of Accounts will be custodianship. A separate and distinct organizational code with a Chart of Accounts will be custodianship. A separate and distinct organizational code with a Chart of Accounts will be
established on the Town’s accounting system, and it will be the Trust’s responsibility to established on the Town’s accounting system, and it will be the Trust’s responsibility to established on the Town’s accounting system, and it will be the Trust’s responsibility to established on the Town’s accounting system, and it will be the Trust’s responsibility to
maintain its financial records on the Townmaintain its financial records on the Townmaintain its financial records on the Townmaintain its financial records on the Town system. As the Trust will adopt an approved budget, system. As the Trust will adopt an approved budget, system. As the Trust will adopt an approved budget, system. As the Trust will adopt an approved budget,
the Trust must follow all warrant, accounts payables and policies and procedures.the Trust must follow all warrant, accounts payables and policies and procedures.the Trust must follow all warrant, accounts payables and policies and procedures.the Trust must follow all warrant, accounts payables and policies and procedures.
11.11.11.11. Governmental BodyGovernmental BodyGovernmental BodyGovernmental Body
The Trust is a governmental body for purposes of Sections 23A, 23B andThe Trust is a governmental body for purposes of Sections 23A, 23B andThe Trust is a governmental body for purposes of Sections 23A, 23B andThe Trust is a governmental body for purposes of Sections 23A, 23B and 23C of M.G.L. 23C of M.G.L. 23C of M.G.L. 23C of M.G.L.
Chapter 39.Chapter 39.Chapter 39.Chapter 39.
12.12.12.12. Board of the TownBoard of the TownBoard of the TownBoard of the Town
The Trust is a Board of the Town for purposes of M.G.L. Chapter 30B andThe Trust is a Board of the Town for purposes of M.G.L. Chapter 30B andThe Trust is a Board of the Town for purposes of M.G.L. Chapter 30B andThe Trust is a Board of the Town for purposes of M.G.L. Chapter 30B and Section 15A of Section 15A of Section 15A of Section 15A of
M.G.L. Chapter 40; but agreements and conveyances between the Trust and agencies, M.G.L. Chapter 40; but agreements and conveyances between the Trust and agencies, M.G.L. Chapter 40; but agreements and conveyances between the Trust and agencies, M.G.L. Chapter 40; but agreements and conveyances between the Trust and agencies,
boards, commissions, authorities, departments and public instrumeboards, commissions, authorities, departments and public instrumeboards, commissions, authorities, departments and public instrumeboards, commissions, authorities, departments and public instrumentalities of the town shall be ntalities of the town shall be ntalities of the town shall be ntalities of the town shall be
exempt from said Chapter 30B.exempt from said Chapter 30B.exempt from said Chapter 30B.exempt from said Chapter 30B.
13.13.13.13. Duration of the TrustDuration of the TrustDuration of the TrustDuration of the Trust
This Trust shall be of indefinite duration until terminated by a vote of theThis Trust shall be of indefinite duration until terminated by a vote of theThis Trust shall be of indefinite duration until terminated by a vote of theThis Trust shall be of indefinite duration until terminated by a vote of the Nantucket Town Nantucket Town Nantucket Town Nantucket Town
Meeting. Upon termination of the Trust, subject to the paymentMeeting. Upon termination of the Trust, subject to the paymentMeeting. Upon termination of the Trust, subject to the paymentMeeting. Upon termination of the Trust, subject to the payment of or making of or making of or making of or making provisions for the provisions for the provisions for the provisions for the
payment of all obligations and liabilities of thepayment of all obligations and liabilities of thepayment of all obligations and liabilities of thepayment of all obligations and liabilities of the Trust and the Trustees, the net assets of the Trust and the Trustees, the net assets of the Trust and the Trustees, the net assets of the Trust and the Trustees, the net assets of the
Trust shall be transferred to theTrust shall be transferred to theTrust shall be transferred to theTrust shall be transferred to the Town of Nantucket and held by the Board of Selectmen for Town of Nantucket and held by the Board of Selectmen for Town of Nantucket and held by the Board of Selectmen for Town of Nantucket and held by the Board of Selectmen for
affordable housingaffordable housingaffordable housingaffordable housing purposes in perpetuity. The powpurposes in perpetuity. The powpurposes in perpetuity. The powpurposes in perpetuity. The powersersersers of the Trustees shall continue until the of the Trustees shall continue until the of the Trustees shall continue until the of the Trustees shall continue until the
affairs of the Trust are concluded. Onceaffairs of the Trust are concluded. Onceaffairs of the Trust are concluded. Onceaffairs of the Trust are concluded. Once the Nantucket Town Meeting has voted to terminate the Nantucket Town Meeting has voted to terminate the Nantucket Town Meeting has voted to terminate the Nantucket Town Meeting has voted to terminate
the Trust, all financialthe Trust, all financialthe Trust, all financialthe Trust, all financial transactions made on behalf of the Trust shall be approved by the Board transactions made on behalf of the Trust shall be approved by the Board transactions made on behalf of the Trust shall be approved by the Board transactions made on behalf of the Trust shall be approved by the Board
ofofofof Selectmen.Selectmen.Selectmen.Selectmen.
14.14.14.14. RegiRegiRegiRegistry of Deedsstry of Deedsstry of Deedsstry of Deeds
The Board of Selectmen may grant the Trustees any additional authority needed to execute, The Board of Selectmen may grant the Trustees any additional authority needed to execute, The Board of Selectmen may grant the Trustees any additional authority needed to execute, The Board of Selectmen may grant the Trustees any additional authority needed to execute,
deliver and record with the Registry of Deeds any documents required for any conveyance deliver and record with the Registry of Deeds any documents required for any conveyance deliver and record with the Registry of Deeds any documents required for any conveyance deliver and record with the Registry of Deeds any documents required for any conveyance
authorized hereunder.authorized hereunder.authorized hereunder.authorized hereunder.
15.15.15.15. TitlesTitlesTitlesTitles
The titles to the various ArtiThe titles to the various ArtiThe titles to the various ArtiThe titles to the various Articles herein are for convenience only and arecles herein are for convenience only and arecles herein are for convenience only and arecles herein are for convenience only and are not to be considered not to be considered not to be considered not to be considered
part of said Articles nor shall they affect the meaning or thepart of said Articles nor shall they affect the meaning or thepart of said Articles nor shall they affect the meaning or thepart of said Articles nor shall they affect the meaning or the language of any such Article.language of any such Article.language of any such Article.language of any such Article.
16.16.16.16. Compensation of TrusteesCompensation of TrusteesCompensation of TrusteesCompensation of Trustees
Trustees shall not receive a salary, stipend, bonus or other means Trustees shall not receive a salary, stipend, bonus or other means Trustees shall not receive a salary, stipend, bonus or other means Trustees shall not receive a salary, stipend, bonus or other means ofofofof compensation for their compensation for their compensation for their compensation for their
service as a Trustee, nor shall they be eligible for anyservice as a Trustee, nor shall they be eligible for anyservice as a Trustee, nor shall they be eligible for anyservice as a Trustee, nor shall they be eligible for any benefits from the Town of Nantucket. benefits from the Town of Nantucket. benefits from the Town of Nantucket. benefits from the Town of Nantucket.
Page 197
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Trustees may be compensated forTrustees may be compensated forTrustees may be compensated forTrustees may be compensated for reasonable outreasonable outreasonable outreasonable out----ofofofof----pocket expenses for travel and other pocket expenses for travel and other pocket expenses for travel and other pocket expenses for travel and other
TrustTrustTrustTrust----related expenses.related expenses.related expenses.related expenses. All such outAll such outAll such outAll such out----ofofofof----pocket expocket expocket expocket expenses shall be fully documented with penses shall be fully documented with penses shall be fully documented with penses shall be fully documented with
receipts forreceipts forreceipts forreceipts for expenses prior to payment by the Trust.expenses prior to payment by the Trust.expenses prior to payment by the Trust.expenses prior to payment by the Trust.
17.17.17.17. AmendmentsAmendmentsAmendmentsAmendments
The provisions of this Trust can only be amended by a vote of theThe provisions of this Trust can only be amended by a vote of theThe provisions of this Trust can only be amended by a vote of theThe provisions of this Trust can only be amended by a vote of the Nantucket Town Meeting.Nantucket Town Meeting.Nantucket Town Meeting.Nantucket Town Meeting.
18.18.18.18. Conflicts of InterestConflicts of InterestConflicts of InterestConflicts of Interest
The Trust shall be considered a The Trust shall be considered a The Trust shall be considered a The Trust shall be considered a public employer and the Trusteespublic employer and the Trusteespublic employer and the Trusteespublic employer and the Trustees shall beshall beshall beshall be subject to the subject to the subject to the subject to the
conflict of interest provisions of M.G.L. Chapter 268A.conflict of interest provisions of M.G.L. Chapter 268A.conflict of interest provisions of M.G.L. Chapter 268A.conflict of interest provisions of M.G.L. Chapter 268A.
19.19.19.19. Trustee AgreementsTrustee AgreementsTrustee AgreementsTrustee Agreements
Trustees will be required to execute an agreement with the Trust at theTrustees will be required to execute an agreement with the Trust at theTrustees will be required to execute an agreement with the Trust at theTrustees will be required to execute an agreement with the Trust at the time of their time of their time of their time of their
appointment by the Board of Selecappointment by the Board of Selecappointment by the Board of Selecappointment by the Board of Selectmen outlining their roles andtmen outlining their roles andtmen outlining their roles andtmen outlining their roles and responsibilities in accordance responsibilities in accordance responsibilities in accordance responsibilities in accordance
with the provisions of this Trust. Such form ofwith the provisions of this Trust. Such form ofwith the provisions of this Trust. Such form ofwith the provisions of this Trust. Such form of agreement shall be developed by the Board of agreement shall be developed by the Board of agreement shall be developed by the Board of agreement shall be developed by the Board of
Selectmen and approved as toSelectmen and approved as toSelectmen and approved as toSelectmen and approved as to form by the Nantucket Town Counsel.form by the Nantucket Town Counsel.form by the Nantucket Town Counsel.form by the Nantucket Town Counsel.
20.20.20.20. Annual ReportAnnual ReportAnnual ReportAnnual Report
The Trustees shalThe Trustees shalThe Trustees shalThe Trustees shall prepare an annual report describing the activities ofl prepare an annual report describing the activities ofl prepare an annual report describing the activities ofl prepare an annual report describing the activities of the Trust on a calendar the Trust on a calendar the Trust on a calendar the Trust on a calendar
year basis. The annual report shall be submitted toyear basis. The annual report shall be submitted toyear basis. The annual report shall be submitted toyear basis. The annual report shall be submitted to Nantucket Board of Selectmen by June Nantucket Board of Selectmen by June Nantucket Board of Selectmen by June Nantucket Board of Selectmen by June
30th of the following year. The annual report shall list all financial transactions con30th of the following year. The annual report shall list all financial transactions con30th of the following year. The annual report shall list all financial transactions con30th of the following year. The annual report shall list all financial transactions conducted by ducted by ducted by ducted by
the Trust including all revenues and costs, provide a balance sheet of liabilities and assets of the Trust including all revenues and costs, provide a balance sheet of liabilities and assets of the Trust including all revenues and costs, provide a balance sheet of liabilities and assets of the Trust including all revenues and costs, provide a balance sheet of liabilities and assets of
the Trust, list an inventory of all affordable housing units created with the assistance of the the Trust, list an inventory of all affordable housing units created with the assistance of the the Trust, list an inventory of all affordable housing units created with the assistance of the the Trust, list an inventory of all affordable housing units created with the assistance of the
Trust, sold, and or managed by the Trust, and any othTrust, sold, and or managed by the Trust, and any othTrust, sold, and or managed by the Trust, and any othTrust, sold, and or managed by the Trust, and any other pertinent information related to the er pertinent information related to the er pertinent information related to the er pertinent information related to the
business of the Trust. Twenty hard copies and an electronic copy of the annual report shall be business of the Trust. Twenty hard copies and an electronic copy of the annual report shall be business of the Trust. Twenty hard copies and an electronic copy of the annual report shall be business of the Trust. Twenty hard copies and an electronic copy of the annual report shall be
submitted to the Board of Selectmen.submitted to the Board of Selectmen.submitted to the Board of Selectmen.submitted to the Board of Selectmen.
FINANCE COMMITTEE COMMENT: Passage of this Article allows for the establishment ofFINANCE COMMITTEE COMMENT: Passage of this Article allows for the establishment ofFINANCE COMMITTEE COMMENT: Passage of this Article allows for the establishment ofFINANCE COMMITTEE COMMENT: Passage of this Article allows for the establishment of a a a a
separate and distinct fund that may receive public or private contributions to support affordable separate and distinct fund that may receive public or private contributions to support affordable separate and distinct fund that may receive public or private contributions to support affordable separate and distinct fund that may receive public or private contributions to support affordable
housing efforts to benefit low and moderate income households. The authority for housing efforts to benefit low and moderate income households. The authority for housing efforts to benefit low and moderate income households. The authority for housing efforts to benefit low and moderate income households. The authority for
municipalities to create such a fund was gmunicipalities to create such a fund was gmunicipalities to create such a fund was gmunicipalities to create such a fund was granted by the state in 2006. Tranted by the state in 2006. Tranted by the state in 2006. Tranted by the state in 2006. Thehehehe fund would be fund would be fund would be fund would be
overseen by a overseen by a overseen by a overseen by a ninenineninenine----member Trust, which includes all members of the Board of Selectmen, member Trust, which includes all members of the Board of Selectmen, member Trust, which includes all members of the Board of Selectmen, member Trust, which includes all members of the Board of Selectmen,
Chairman of the Nantucket Housing Authority and three other members. The funding Chairman of the Nantucket Housing Authority and three other members. The funding Chairman of the Nantucket Housing Authority and three other members. The funding Chairman of the Nantucket Housing Authority and three other members. The funding
mechanism and establishment of the Trust would provide resources for the mechanism and establishment of the Trust would provide resources for the mechanism and establishment of the Trust would provide resources for the mechanism and establishment of the Trust would provide resources for the Town to create Town to create Town to create Town to create
opportunities in an open, strategic and responsive manner.opportunities in an open, strategic and responsive manner.opportunities in an open, strategic and responsive manner.opportunities in an open, strategic and responsive manner.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 73ARTICLE 73ARTICLE 73ARTICLE 73
(Termination of Leases, Licenses with Siasconset Beach Preservation Fund)
To see if the Town will vote to terminate all leases, licenses, and the like that have been
executed between the Town and/or County of Nantucket, MA and the Siasconset Beach
Preservation Fund (SBPF, so called), or with any other private group, regarding repair,
replacement, terracing, rebuilding, dewatering, and the like, around the beaches and dunes on
the East end of Nantucket Island.
Page 198
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
And, further, that privately installed dewatering equipment, structures, construction debris
and/or the like, presently or in the future, reposing upon the beaches, dunes and/or in the
waters at the East end of Island, be removed and disposed of according to the Massachusetts
General Laws, and/or the bylaws of the Code of the Town and County of Nantucket, the costs
of said removal and proper disposal being borne by the Siasconset Beach Preservation Fund
(SBPF, so called).
(Catherine Flanagan Stover, et al)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved not to adopt the Article.Moved not to adopt the Article.Moved not to adopt the Article.Moved not to adopt the Article.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen support Board of Selectmen support Board of Selectmen support Board of Selectmen supports the s the s the s the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 74ARTICLE 74ARTICLE 74ARTICLE 74
(Exemption Regarding Cemeteries)
To see if the Town will vote to exempt all Town cemeteries, including Ancient Burial
Grounds and any future lands set aside for Town cemeteries, from consideration for future
development, including bicycle paths but excepting a crematorium, without express approval of
Town Meeting and a subsequent approval by ballot.
(Catherine Flanagan Stover, et al)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved not to adopt the Article.Moved not to adopt the Article.Moved not to adopt the Article.Moved not to adopt the Article.
FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE COMMENT: COMMENT: COMMENT: COMMENT: This Article is not in legal form as written.This Article is not in legal form as written.This Article is not in legal form as written.This Article is not in legal form as written.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 75 75 75 75
(Real Estate Disposition: Long-term Lease Authorization/2 Fairgrounds Road)
To see if the Town will vote to authorize the Board of Selectmen to lease for a lease
term to exceed twenty (20) years, a portion of the Town-owned property located at 2
Fairgrounds Road, subject to Massachusetts G.L. c. 30B.
Or, to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
lease for a lease term lease for a lease term lease for a lease term lease for a lease term of up to ninetyof up to ninetyof up to ninetyof up to ninety----nine (99)nine (99)nine (99)nine (99) years, a portion of the Town years, a portion of the Town years, a portion of the Town years, a portion of the Town----owned property owned property owned property owned property
located at located at located at located at 2 Fairgrounds Road2 Fairgrounds Road2 Fairgrounds Road2 Fairgrounds Road, , , , as shown on a map entitled “2 Fairgrounds Road Community as shown on a map entitled “2 Fairgrounds Road Community as shown on a map entitled “2 Fairgrounds Road Community as shown on a map entitled “2 Fairgrounds Road Community
HousingHousingHousingHousing” dated March ” dated March ” dated March ” dated March 12121212, 2009, on file in the office of the Board of Selectmen, , 2009, on file in the office of the Board of Selectmen, , 2009, on file in the office of the Board of Selectmen, , 2009, on file in the office of the Board of Selectmen, for housing for housing for housing for housing
purposespurposespurposespurposes, subject to Massachusetts G.L. c. 30B., subject to Massachusetts G.L. c. 30B., subject to Massachusetts G.L. c. 30B., subject to Massachusetts G.L. c. 30B.
Page 199
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen suppor Board of Selectmen suppor Board of Selectmen suppor Board of Selectmen supports the ts the ts the ts the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE ARTICLE ARTICLE ARTICLE 76767676
(Real Estate Conveyance: Conservation Restriction)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey, grant or
otherwise dispose of a conservation restriction and easement over all or any portion of that
certain parcel of land being part of and located at the Surfside Wastewater Treatment Facility
site and shown as “Conservation Area” on that certain plan entitled “Surfside Wastewater
Treatment Facility, Nantucket, Mass.,” dated February 2009, and on file with the Board of
Selectmen’s office, for conservation purposes, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is herebyFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is herebyFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is herebyFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized authorized authorized authorized
totototo sell, convey,sell, convey,sell, convey,sell, convey, grant or otherwise dispose of a conservation restriction and easement over all grant or otherwise dispose of a conservation restriction and easement over all grant or otherwise dispose of a conservation restriction and easement over all grant or otherwise dispose of a conservation restriction and easement over all
or any portion of that certain parcel of landor any portion of that certain parcel of landor any portion of that certain parcel of landor any portion of that certain parcel of land being part of and located at the Surfside being part of and located at the Surfside being part of and located at the Surfside being part of and located at the Surfside
Wastewater Treatment Facility site and shown as “Conservation Area” on that certain planWastewater Treatment Facility site and shown as “Conservation Area” on that certain planWastewater Treatment Facility site and shown as “Conservation Area” on that certain planWastewater Treatment Facility site and shown as “Conservation Area” on that certain plan
entitled “Surfside Wastewater Treatment Facility, Nantucket, Mass.,” dated February 2009, and entitled “Surfside Wastewater Treatment Facility, Nantucket, Mass.,” dated February 2009, and entitled “Surfside Wastewater Treatment Facility, Nantucket, Mass.,” dated February 2009, and entitled “Surfside Wastewater Treatment Facility, Nantucket, Mass.,” dated February 2009, and
on file with the Board of Selectmen’s office, foron file with the Board of Selectmen’s office, foron file with the Board of Selectmen’s office, foron file with the Board of Selectmen’s office, for conservation purposes.conservation purposes.conservation purposes.conservation purposes.
FINANCE COMMITTEE COMMENT: Adoption of this motion will allow the Town to grant to FINANCE COMMITTEE COMMENT: Adoption of this motion will allow the Town to grant to FINANCE COMMITTEE COMMENT: Adoption of this motion will allow the Town to grant to FINANCE COMMITTEE COMMENT: Adoption of this motion will allow the Town to grant to
thethethethe Nantucket Islands Land Bank a restriction to prohibit any further development of a 17.68 Nantucket Islands Land Bank a restriction to prohibit any further development of a 17.68 Nantucket Islands Land Bank a restriction to prohibit any further development of a 17.68 Nantucket Islands Land Bank a restriction to prohibit any further development of a 17.68
acre portion of the Surfside Wastewater Treatment Facility for the protection of several acre portion of the Surfside Wastewater Treatment Facility for the protection of several acre portion of the Surfside Wastewater Treatment Facility for the protection of several acre portion of the Surfside Wastewater Treatment Facility for the protection of several
endangered and threatened endangered and threatened endangered and threatened endangered and threatened plant plant plant plant speciesspeciesspeciesspecies as determined and required by the Mas as determined and required by the Mas as determined and required by the Mas as determined and required by the Massachusetts sachusetts sachusetts sachusetts
Division of Fisheries and Wildlife and to allow the Town to remain in compliance with the Division of Fisheries and Wildlife and to allow the Town to remain in compliance with the Division of Fisheries and Wildlife and to allow the Town to remain in compliance with the Division of Fisheries and Wildlife and to allow the Town to remain in compliance with the
applicable state regulations.applicable state regulations.applicable state regulations.applicable state regulations.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 77ARTICLE 77ARTICLE 77ARTICLE 77
(Real Estate Conveyance: 12 Weweeder Avenue)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located at 12 Weweeder Avenue and described in the
Town Assessor’s records as Map 80, Parcel 97, or any portions thereof or interests therein,
subject to Massachusetts G.L. c. 30B, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
convey, sell, or otherwise dispoconvey, sell, or otherwise dispoconvey, sell, or otherwise dispoconvey, sell, or otherwise dispose of Town property located at 12 Weweeder Avenue and se of Town property located at 12 Weweeder Avenue and se of Town property located at 12 Weweeder Avenue and se of Town property located at 12 Weweeder Avenue and
described in the Town Assessor’s records as Map 80, Parcel 97, or any portions thereof or described in the Town Assessor’s records as Map 80, Parcel 97, or any portions thereof or described in the Town Assessor’s records as Map 80, Parcel 97, or any portions thereof or described in the Town Assessor’s records as Map 80, Parcel 97, or any portions thereof or
interests therein, subject to Massachusetts G.L. c. 30B.interests therein, subject to Massachusetts G.L. c. 30B.interests therein, subject to Massachusetts G.L. c. 30B.interests therein, subject to Massachusetts G.L. c. 30B.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen su Board of Selectmen su Board of Selectmen su Board of Selectmen supports the pports the pports the pports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
Page 200
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 78ARTICLE 78ARTICLE 78ARTICLE 78
(Real Estate Conveyance: Pochick Avenue, Surfside)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located off Pochick Avenue in the Surfside area of
Nantucket and described in the Town Assessor’s records as Map 80, Parcel 97.1, or any
portions thereof or interests therein, subject to Massachusetts G.L. c. 30B, or to take any other
action related thereto.
(Board of Selectmen)
FINANCE CFINANCE CFINANCE CFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorizedOMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorizedOMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorizedOMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to to to to
convey, sell, or otherwise dispose of Town property located off Pochick Avenue in the Surfside convey, sell, or otherwise dispose of Town property located off Pochick Avenue in the Surfside convey, sell, or otherwise dispose of Town property located off Pochick Avenue in the Surfside convey, sell, or otherwise dispose of Town property located off Pochick Avenue in the Surfside
area of Nantucket and described in the Town Assessor’s records as Map 80, Parcel 97.1area of Nantucket and described in the Town Assessor’s records as Map 80, Parcel 97.1area of Nantucket and described in the Town Assessor’s records as Map 80, Parcel 97.1area of Nantucket and described in the Town Assessor’s records as Map 80, Parcel 97.1, or , or , or , or
any portions thereof or interests therein, subject to Massachusetts G.L. c. 30B.any portions thereof or interests therein, subject to Massachusetts G.L. c. 30B.any portions thereof or interests therein, subject to Massachusetts G.L. c. 30B.any portions thereof or interests therein, subject to Massachusetts G.L. c. 30B.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 79ARTICLE 79ARTICLE 79ARTICLE 79
(Real Estate Conveyance: 19 Masaquet Avenue)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located at 19 Masaquet Avenue and described in the Town
Assessor’s records as Map 80, Parcel 140, or any portions thereof or interests therein, subject
to Massachusetts G.L. c. 30B, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorizedFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorizedFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorizedFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to to to to
convey, sell, or otherwise dispose of Town property located at 19 Masaquet convey, sell, or otherwise dispose of Town property located at 19 Masaquet convey, sell, or otherwise dispose of Town property located at 19 Masaquet convey, sell, or otherwise dispose of Town property located at 19 Masaquet Avenue and Avenue and Avenue and Avenue and
described in the Town Assessor’s records as Map 80, Parcel 140, or any portions thereof or described in the Town Assessor’s records as Map 80, Parcel 140, or any portions thereof or described in the Town Assessor’s records as Map 80, Parcel 140, or any portions thereof or described in the Town Assessor’s records as Map 80, Parcel 140, or any portions thereof or
interests therein, subject to Massachusetts G.L. c. 30B.interests therein, subject to Massachusetts G.L. c. 30B.interests therein, subject to Massachusetts G.L. c. 30B.interests therein, subject to Massachusetts G.L. c. 30B.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTIARTIARTIARTICLE 80CLE 80CLE 80CLE 80
(Real Estate Conveyance: 58A Orange Street)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located at 58A Orange Street and described in the Town
Assessor’s records as Map 55.4.1, Parcel 79.2, or any portions thereof or interests therein,
subject to Massachusetts G.L. c. 30B, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
cccconvey, sell, or otherwise dispose of Town property located at 58A Orange Street and onvey, sell, or otherwise dispose of Town property located at 58A Orange Street and onvey, sell, or otherwise dispose of Town property located at 58A Orange Street and onvey, sell, or otherwise dispose of Town property located at 58A Orange Street and
described in the Town Assessor’s records as Map 55.4.1, Parcel 79.2, or any portions thereof described in the Town Assessor’s records as Map 55.4.1, Parcel 79.2, or any portions thereof described in the Town Assessor’s records as Map 55.4.1, Parcel 79.2, or any portions thereof described in the Town Assessor’s records as Map 55.4.1, Parcel 79.2, or any portions thereof
or interests therein, subject to Massachusetts G.L. c. 30Bor interests therein, subject to Massachusetts G.L. c. 30Bor interests therein, subject to Massachusetts G.L. c. 30Bor interests therein, subject to Massachusetts G.L. c. 30B....
Page 201
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
BOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMEN COMMENT: COMMENT: COMMENT: COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 81ARTICLE 81ARTICLE 81ARTICLE 81
(Real Estate Conveyance: 28A Arlington Street)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located at 28A Arlington Street and described in the Town
Assessor’s records as Map 76.1.3, Parcel 277, or any portions thereof or interests therein,
subject to Massachusetts G.L. c. 30B, or to take any other action related thereto.
(Board of Selectmen)
FINFINFINFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorizedANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorizedANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorizedANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to to to to
convey, sell, or otherwise dispose of Town property located at 28A Arlington Street and convey, sell, or otherwise dispose of Town property located at 28A Arlington Street and convey, sell, or otherwise dispose of Town property located at 28A Arlington Street and convey, sell, or otherwise dispose of Town property located at 28A Arlington Street and
described in the Town Assessor’s records as Map 76.1.3, Parcel 277, or any portions thdescribed in the Town Assessor’s records as Map 76.1.3, Parcel 277, or any portions thdescribed in the Town Assessor’s records as Map 76.1.3, Parcel 277, or any portions thdescribed in the Town Assessor’s records as Map 76.1.3, Parcel 277, or any portions thereof ereof ereof ereof
or interests therein, subject to Massachusetts G.L. c. 30Bor interests therein, subject to Massachusetts G.L. c. 30Bor interests therein, subject to Massachusetts G.L. c. 30Bor interests therein, subject to Massachusetts G.L. c. 30B and guidelines established under the and guidelines established under the and guidelines established under the and guidelines established under the
“Nantucket Yard Sale” program on file in the office of the Board of Selectmen“Nantucket Yard Sale” program on file in the office of the Board of Selectmen“Nantucket Yard Sale” program on file in the office of the Board of Selectmen“Nantucket Yard Sale” program on file in the office of the Board of Selectmen....
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CCCCommitteeommitteeommitteeommittee Motion. Motion. Motion. Motion.
ARTICLE ARTICLE ARTICLE ARTICLE 82828282
(Real Estate Conveyance: 24 Berkley Street)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located at 24 Berkley Street and described in the Town
Assessor’s records as Map 76.1.3, Parcel 209, or any portions thereof or interests therein,
subject to Massachusetts G.L. c. 30B, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorizedereby authorizedereby authorizedereby authorized to to to to
convey, sell, or otherwise dispose of Town property located at 24 Berkley Street and described convey, sell, or otherwise dispose of Town property located at 24 Berkley Street and described convey, sell, or otherwise dispose of Town property located at 24 Berkley Street and described convey, sell, or otherwise dispose of Town property located at 24 Berkley Street and described
in the Town Assessor’s records as Map 76.1.3, Parcel 209, or any portions thereof or interests in the Town Assessor’s records as Map 76.1.3, Parcel 209, or any portions thereof or interests in the Town Assessor’s records as Map 76.1.3, Parcel 209, or any portions thereof or interests in the Town Assessor’s records as Map 76.1.3, Parcel 209, or any portions thereof or interests
therein, subject to Massachusetts G.L. c. 30Btherein, subject to Massachusetts G.L. c. 30Btherein, subject to Massachusetts G.L. c. 30Btherein, subject to Massachusetts G.L. c. 30B and guidelines established under the “Nantucket and guidelines established under the “Nantucket and guidelines established under the “Nantucket and guidelines established under the “Nantucket
Yard Sale” program on file in the office of the Board of Selectmen.Yard Sale” program on file in the office of the Board of Selectmen.Yard Sale” program on file in the office of the Board of Selectmen.Yard Sale” program on file in the office of the Board of Selectmen.
....
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE ARTICLE ARTICLE ARTICLE 83838383
(Real Estate Conveyance: 29 Shell Street)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located at 29 Shell Street and described in the Town
Assessor’s records as Map 73.1.3, Parcel 120, or any portions thereof or interests therein,
subject to Massachusetts G.L. c. 30B, or to take any other action related thereto.
Page 202
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
convey, sell, or otherwise dispose of Town propeconvey, sell, or otherwise dispose of Town propeconvey, sell, or otherwise dispose of Town propeconvey, sell, or otherwise dispose of Town property located at 29 Shell Street and described in rty located at 29 Shell Street and described in rty located at 29 Shell Street and described in rty located at 29 Shell Street and described in
the Town Assessor’s records as Map 73.1.3, Parcel 120, or any portions thereof or interests the Town Assessor’s records as Map 73.1.3, Parcel 120, or any portions thereof or interests the Town Assessor’s records as Map 73.1.3, Parcel 120, or any portions thereof or interests the Town Assessor’s records as Map 73.1.3, Parcel 120, or any portions thereof or interests
therein, subject to Massachusetts G.L. c. 30Btherein, subject to Massachusetts G.L. c. 30Btherein, subject to Massachusetts G.L. c. 30Btherein, subject to Massachusetts G.L. c. 30B....
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the FinFinFinFinance ance ance ance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 84ARTICLE 84ARTICLE 84ARTICLE 84
(Real Estate Conveyance: Utah Avenue)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located at Utah Avenue and described in the Town
Assessor’s records as Map 59.4, Parcels 58 and 59, or any portions thereof or interests
therein, subject to Massachusetts G.L. c. 30B, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is heFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is heFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is heFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized reby authorized reby authorized reby authorized to to to to
convey, sell, or otherwise dispose of Town property located at Utah Avenue and described in convey, sell, or otherwise dispose of Town property located at Utah Avenue and described in convey, sell, or otherwise dispose of Town property located at Utah Avenue and described in convey, sell, or otherwise dispose of Town property located at Utah Avenue and described in
the Town Assessor’s records as Map 59.4, Parcels 58 and 59, or any portions thereof or the Town Assessor’s records as Map 59.4, Parcels 58 and 59, or any portions thereof or the Town Assessor’s records as Map 59.4, Parcels 58 and 59, or any portions thereof or the Town Assessor’s records as Map 59.4, Parcels 58 and 59, or any portions thereof or
interests therein, subject to Massachusetts G.L. c. 30B.interests therein, subject to Massachusetts G.L. c. 30B.interests therein, subject to Massachusetts G.L. c. 30B.interests therein, subject to Massachusetts G.L. c. 30B.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 85ARTICLE 85ARTICLE 85ARTICLE 85
(Real Estate Conveyance: 34 Nobadeer Avenue)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located at 34 Nobadeer Avenue and described in the Town
Assessor’s records as Map 88, Parcel 2, or any portions thereof or interests therein, subject to
Massachusetts G.L. c. 30B, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
convey, sell, or otherwise dispose of Town property located at 34 Nobadeer Avenue and convey, sell, or otherwise dispose of Town property located at 34 Nobadeer Avenue and convey, sell, or otherwise dispose of Town property located at 34 Nobadeer Avenue and convey, sell, or otherwise dispose of Town property located at 34 Nobadeer Avenue and
described in the Town Assessor’s records as Map 88, Parcel 2, or any portions tdescribed in the Town Assessor’s records as Map 88, Parcel 2, or any portions tdescribed in the Town Assessor’s records as Map 88, Parcel 2, or any portions tdescribed in the Town Assessor’s records as Map 88, Parcel 2, or any portions thereof or hereof or hereof or hereof or
interests therein, subject to Massachusetts G.L. c. 30Binterests therein, subject to Massachusetts G.L. c. 30Binterests therein, subject to Massachusetts G.L. c. 30Binterests therein, subject to Massachusetts G.L. c. 30B and guidelines established under the and guidelines established under the and guidelines established under the and guidelines established under the
“Nantucket Yard Sale” program on file in the office of the Board of Selectmen.“Nantucket Yard Sale” program on file in the office of the Board of Selectmen.“Nantucket Yard Sale” program on file in the office of the Board of Selectmen.“Nantucket Yard Sale” program on file in the office of the Board of Selectmen.
....
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the FinanceFinanceFinanceFinance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
Page 203
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE ARTICLE ARTICLE ARTICLE 86868686
(Real Estate Conveyance: 6 Easy Street)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located at 6 Easy Street and described in the Town
Assessor’s records as Map 42.3.1, Parcel 16, or any portions thereof or interests therein,
subject to Massachusetts G.L. c. 30B, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby aFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby aFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby aFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized touthorized touthorized touthorized to
convey, sell, or otherwise dispose of Town property located at 6 Easy Street and described in convey, sell, or otherwise dispose of Town property located at 6 Easy Street and described in convey, sell, or otherwise dispose of Town property located at 6 Easy Street and described in convey, sell, or otherwise dispose of Town property located at 6 Easy Street and described in
the Town Assessor’s records as Map 42.3.1, Parcel 16, or any portions thereof or interests the Town Assessor’s records as Map 42.3.1, Parcel 16, or any portions thereof or interests the Town Assessor’s records as Map 42.3.1, Parcel 16, or any portions thereof or interests the Town Assessor’s records as Map 42.3.1, Parcel 16, or any portions thereof or interests
therein, subject to Massachusetts G.L. c. 30Btherein, subject to Massachusetts G.L. c. 30Btherein, subject to Massachusetts G.L. c. 30Btherein, subject to Massachusetts G.L. c. 30B and guidelinand guidelinand guidelinand guidelines established under the “Nantucket es established under the “Nantucket es established under the “Nantucket es established under the “Nantucket
Yard Sale” program on file in the office of the Board of Selectmen.Yard Sale” program on file in the office of the Board of Selectmen.Yard Sale” program on file in the office of the Board of Selectmen.Yard Sale” program on file in the office of the Board of Selectmen.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 87ARTICLE 87ARTICLE 87ARTICLE 87
(Real Estate Conveyance: Surfside)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located off Madequecham Valley Road and Lindsay
Avenue in the Surfside area of Nantucket as shown on the plan entitled “Plan of Lands,
Surfside, Nantucket, Mass.,” dated September 1972 and filed with the Nantucket County
Registry of Deeds in Plan File 3-D, and further described in the Town Assessor’s records as
Map 88, Parcels 70, 71, 72 and 73, or any portions thereof or interests therein, subject to
Massachusetts G.L. c. 30B, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
convey, sell, or otherwise dispose of Town property located off Madequechaconvey, sell, or otherwise dispose of Town property located off Madequechaconvey, sell, or otherwise dispose of Town property located off Madequechaconvey, sell, or otherwise dispose of Town property located off Madequecham Valley Road m Valley Road m Valley Road m Valley Road
and Lindsay Avenue in the Surfside area of Nantucket as shown on the plan entitled “Plan of and Lindsay Avenue in the Surfside area of Nantucket as shown on the plan entitled “Plan of and Lindsay Avenue in the Surfside area of Nantucket as shown on the plan entitled “Plan of and Lindsay Avenue in the Surfside area of Nantucket as shown on the plan entitled “Plan of
Lands, Surfside, Nantucket, Mass.,” dated September 1972 and filed with the Nantucket Lands, Surfside, Nantucket, Mass.,” dated September 1972 and filed with the Nantucket Lands, Surfside, Nantucket, Mass.,” dated September 1972 and filed with the Nantucket Lands, Surfside, Nantucket, Mass.,” dated September 1972 and filed with the Nantucket
County Registry of Deeds in Plan File 3County Registry of Deeds in Plan File 3County Registry of Deeds in Plan File 3County Registry of Deeds in Plan File 3----D, and further describedD, and further describedD, and further describedD, and further described in the Town Assessor’s in the Town Assessor’s in the Town Assessor’s in the Town Assessor’s
records as Map 88, Parcels 70, 71, 72 and 73, or any portions thereof or interests therein, records as Map 88, Parcels 70, 71, 72 and 73, or any portions thereof or interests therein, records as Map 88, Parcels 70, 71, 72 and 73, or any portions thereof or interests therein, records as Map 88, Parcels 70, 71, 72 and 73, or any portions thereof or interests therein,
subject to Massachusetts G.L. c. 30Bsubject to Massachusetts G.L. c. 30Bsubject to Massachusetts G.L. c. 30Bsubject to Massachusetts G.L. c. 30B and guidelines established under the “Nantucket Yard and guidelines established under the “Nantucket Yard and guidelines established under the “Nantucket Yard and guidelines established under the “Nantucket Yard
SaleSaleSaleSale” program on file in the office of the Board o” program on file in the office of the Board o” program on file in the office of the Board o” program on file in the office of the Board of Selectmen. f Selectmen. f Selectmen. f Selectmen.
FINANCE COMMITTEE COMMENT: The Town should strongly consider accepting the grant FINANCE COMMITTEE COMMENT: The Town should strongly consider accepting the grant FINANCE COMMITTEE COMMENT: The Town should strongly consider accepting the grant FINANCE COMMITTEE COMMENT: The Town should strongly consider accepting the grant
to the Town of an appropriate “One Big Beach” easement over nearby or adjacent properties to the Town of an appropriate “One Big Beach” easement over nearby or adjacent properties to the Town of an appropriate “One Big Beach” easement over nearby or adjacent properties to the Town of an appropriate “One Big Beach” easement over nearby or adjacent properties
as full or partial consideration for the sale of these parcel(s).as full or partial consideration for the sale of these parcel(s).as full or partial consideration for the sale of these parcel(s).as full or partial consideration for the sale of these parcel(s).
BBBBOARD OF SELECTMEN COMMENT:OARD OF SELECTMEN COMMENT:OARD OF SELECTMEN COMMENT:OARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
Page 204
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 88ARTICLE 88ARTICLE 88ARTICLE 88
(Real Estate Conveyance: Surfside)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located off Gardner Street in the Surfside area of
Nantucket as shown on the plan entitled “Plan of Lands, Surfside, Nantucket, Mass.,” dated
September 1972 and filed with the Nantucket County Registry of Deeds in Plan File 3-D, and
further described in the Town Assessor’s records as Map 88, Parcel 64, or any portions thereof
or interests therein, subject to Massachusetts G.L. c. 30B, or to take any other action related
thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of SeFINANCE COMMITTEE MOTION: Moved that the Board of SeFINANCE COMMITTEE MOTION: Moved that the Board of SeFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized tolectmen is hereby authorized tolectmen is hereby authorized tolectmen is hereby authorized to
convey, sell, or otherwise dispose of Town property located off Gardner Street in the Surfside convey, sell, or otherwise dispose of Town property located off Gardner Street in the Surfside convey, sell, or otherwise dispose of Town property located off Gardner Street in the Surfside convey, sell, or otherwise dispose of Town property located off Gardner Street in the Surfside
area of Nantucket as shown on the plan entitled “Plan of Lands, Surfside, Nantucket, Mass.,” area of Nantucket as shown on the plan entitled “Plan of Lands, Surfside, Nantucket, Mass.,” area of Nantucket as shown on the plan entitled “Plan of Lands, Surfside, Nantucket, Mass.,” area of Nantucket as shown on the plan entitled “Plan of Lands, Surfside, Nantucket, Mass.,”
dated September 1972 and filed with dated September 1972 and filed with dated September 1972 and filed with dated September 1972 and filed with the Nantucket County Registry of Deeds in Plan File 3the Nantucket County Registry of Deeds in Plan File 3the Nantucket County Registry of Deeds in Plan File 3the Nantucket County Registry of Deeds in Plan File 3----D, D, D, D,
and further described in the Town Assessor’s records as Map 88, Parcel 64, or any portions and further described in the Town Assessor’s records as Map 88, Parcel 64, or any portions and further described in the Town Assessor’s records as Map 88, Parcel 64, or any portions and further described in the Town Assessor’s records as Map 88, Parcel 64, or any portions
thereof or interests therein, subject to Massachusetts G.L. c. 30Bthereof or interests therein, subject to Massachusetts G.L. c. 30Bthereof or interests therein, subject to Massachusetts G.L. c. 30Bthereof or interests therein, subject to Massachusetts G.L. c. 30B and guidelines established and guidelines established and guidelines established and guidelines established
under the “Nanunder the “Nanunder the “Nanunder the “Nantucket Yard Sale” program on file in the office of the Board of Selectmen. tucket Yard Sale” program on file in the office of the Board of Selectmen. tucket Yard Sale” program on file in the office of the Board of Selectmen. tucket Yard Sale” program on file in the office of the Board of Selectmen.
FINANCE COMMITTEE COMMENT: The Town should strongly consider accepting the grant FINANCE COMMITTEE COMMENT: The Town should strongly consider accepting the grant FINANCE COMMITTEE COMMENT: The Town should strongly consider accepting the grant FINANCE COMMITTEE COMMENT: The Town should strongly consider accepting the grant
to the Town of an appropriate “One Big Beach” easement over nearby or adjacent properties to the Town of an appropriate “One Big Beach” easement over nearby or adjacent properties to the Town of an appropriate “One Big Beach” easement over nearby or adjacent properties to the Town of an appropriate “One Big Beach” easement over nearby or adjacent properties
as fullas fullas fullas full or partial consideration for the sale of these parcel(s). or partial consideration for the sale of these parcel(s). or partial consideration for the sale of these parcel(s). or partial consideration for the sale of these parcel(s).
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 89ARTICLE 89ARTICLE 89ARTICLE 89
(Real Estate Conveyance: Surfside)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located Madequecham Valley Road in the Surfside area of
Nantucket as shown on the plan entitled “Plan of Lands, Surfside, Nantucket, Mass.,” dated
September 1972 and filed with the Nantucket County Registry of Deeds in Plan File 3-D, and
further described in the Town Assessor’s records as Map 88, Parcel 75, or any portions thereof
or interests therein, subject to Massachusetts G.L. c. 30B, or to take any other action related
thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved tFINANCE COMMITTEE MOTION: Moved tFINANCE COMMITTEE MOTION: Moved tFINANCE COMMITTEE MOTION: Moved to take no action on the Article.o take no action on the Article.o take no action on the Article.o take no action on the Article.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
Page 205
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 90ARTICLE 90ARTICLE 90ARTICLE 90
(Real Estate Conveyance: Clifford Street)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or
otherwise dispose of Town property located off Clifford Street and described in the Town
Assessor’s records as Map 79, Parcel 20, or any portions thereof or interests therein, subject to
Massachusetts G.L. c. 30B, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
convey, sell, or otherwise dispose of Town property located off Clifford Street and described in convey, sell, or otherwise dispose of Town property located off Clifford Street and described in convey, sell, or otherwise dispose of Town property located off Clifford Street and described in convey, sell, or otherwise dispose of Town property located off Clifford Street and described in
the Town Athe Town Athe Town Athe Town Assessor’s records as Map 79, Parcel 20, or any portions thereof or interests therein, ssessor’s records as Map 79, Parcel 20, or any portions thereof or interests therein, ssessor’s records as Map 79, Parcel 20, or any portions thereof or interests therein, ssessor’s records as Map 79, Parcel 20, or any portions thereof or interests therein,
subject to Massachusetts G.L. c. 30B.subject to Massachusetts G.L. c. 30B.subject to Massachusetts G.L. c. 30B.subject to Massachusetts G.L. c. 30B.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 91ARTICLE 91ARTICLE 91ARTICLE 91
(Real Estate Disposition: Vernon Street)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell or
otherwise lawfully dispose of all or any portions of the following three (3) parcels of land
comprising that part of Vernon Street, a paper street located southerly of Nobadeer Avenue
and northerly of Nonantum Avenue and shown as Parcel 41D, Parcel 42B and Parcel 43B on
that plan entitled “Plan of Road Takings in Surfside Area Prepared for Nantucket County
Commissioners in Nantucket, MA,” dated January 18, 2000, and on file with the Nantucket
County Registry of Deeds in Plan File 56-W, or any lesser interest therein, subject to
Massachusetts G.L. c. 30B and guidelines established under the Town on Nantucket’s Yard
Sale Program, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
convey, sell or otherwise lawfully dispose of all or any portions of the following three (3) parcels convey, sell or otherwise lawfully dispose of all or any portions of the following three (3) parcels convey, sell or otherwise lawfully dispose of all or any portions of the following three (3) parcels convey, sell or otherwise lawfully dispose of all or any portions of the following three (3) parcels
of land comprising that part of Veof land comprising that part of Veof land comprising that part of Veof land comprising that part of Vernon Street, a paper street located southerly of Nobadeer rnon Street, a paper street located southerly of Nobadeer rnon Street, a paper street located southerly of Nobadeer rnon Street, a paper street located southerly of Nobadeer
Avenue and northerly of Nonantum Avenue and shown as Parcel 41D, Parcel 42B and Parcel Avenue and northerly of Nonantum Avenue and shown as Parcel 41D, Parcel 42B and Parcel Avenue and northerly of Nonantum Avenue and shown as Parcel 41D, Parcel 42B and Parcel Avenue and northerly of Nonantum Avenue and shown as Parcel 41D, Parcel 42B and Parcel
43B on that plan entitled “Plan of Road Takings in Surfside Area Prepared for Nantucket 43B on that plan entitled “Plan of Road Takings in Surfside Area Prepared for Nantucket 43B on that plan entitled “Plan of Road Takings in Surfside Area Prepared for Nantucket 43B on that plan entitled “Plan of Road Takings in Surfside Area Prepared for Nantucket
County Commissioners inCounty Commissioners inCounty Commissioners inCounty Commissioners in Nantucket, MA,” dated January 18, 2000, and on file with the Nantucket, MA,” dated January 18, 2000, and on file with the Nantucket, MA,” dated January 18, 2000, and on file with the Nantucket, MA,” dated January 18, 2000, and on file with the
Nantucket County Registry of Deeds in Plan File 56Nantucket County Registry of Deeds in Plan File 56Nantucket County Registry of Deeds in Plan File 56Nantucket County Registry of Deeds in Plan File 56----W, or any lesser interest therein, subject to W, or any lesser interest therein, subject to W, or any lesser interest therein, subject to W, or any lesser interest therein, subject to
Massachusetts G.L. c. 30B and guidelines established under the Town on Nantucket’s Yard Massachusetts G.L. c. 30B and guidelines established under the Town on Nantucket’s Yard Massachusetts G.L. c. 30B and guidelines established under the Town on Nantucket’s Yard Massachusetts G.L. c. 30B and guidelines established under the Town on Nantucket’s Yard
Sale ProgSale ProgSale ProgSale Program.ram.ram.ram.
FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT: The Committee gives this The Committee gives this The Committee gives this The Committee gives this Article Article Article Article a positivea positivea positivea positive
recommendation with the clear understanding that the Board of Selectmen is or will be recommendation with the clear understanding that the Board of Selectmen is or will be recommendation with the clear understanding that the Board of Selectmen is or will be recommendation with the clear understanding that the Board of Selectmen is or will be
negotiating the acquisition of “One Big Beach” easements between Nobadeer and Fishermannegotiating the acquisition of “One Big Beach” easements between Nobadeer and Fishermannegotiating the acquisition of “One Big Beach” easements between Nobadeer and Fishermannegotiating the acquisition of “One Big Beach” easements between Nobadeer and Fisherman’s ’s ’s ’s
bebebebeaches to create a continuous area of public beach access there in furtherance of the “One aches to create a continuous area of public beach access there in furtherance of the “One aches to create a continuous area of public beach access there in furtherance of the “One aches to create a continuous area of public beach access there in furtherance of the “One
Big Beach” easement program and the affirmative vote on Article 1 of the 2003 Special Town Big Beach” easement program and the affirmative vote on Article 1 of the 2003 Special Town Big Beach” easement program and the affirmative vote on Article 1 of the 2003 Special Town Big Beach” easement program and the affirmative vote on Article 1 of the 2003 Special Town
Meeting. The Committee recognizes that Meeting. The Committee recognizes that Meeting. The Committee recognizes that Meeting. The Committee recognizes that an an an an existing access is located approxexisting access is located approxexisting access is located approxexisting access is located approximately 200 feet imately 200 feet imately 200 feet imately 200 feet
east of Vernon Street and recommends not releasing Vernon Street as an access unless east of Vernon Street and recommends not releasing Vernon Street as an access unless east of Vernon Street and recommends not releasing Vernon Street as an access unless east of Vernon Street and recommends not releasing Vernon Street as an access unless
Page 206
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
appropriate lateral easements over the beach are granted to the Town. Should this Article be appropriate lateral easements over the beach are granted to the Town. Should this Article be appropriate lateral easements over the beach are granted to the Town. Should this Article be appropriate lateral easements over the beach are granted to the Town. Should this Article be
adopted, it shall not negate any authority granted to the Seladopted, it shall not negate any authority granted to the Seladopted, it shall not negate any authority granted to the Seladopted, it shall not negate any authority granted to the Selectmen pursuant to the affirmative ectmen pursuant to the affirmative ectmen pursuant to the affirmative ectmen pursuant to the affirmative
vote on Article 1 of the 2003 Special Town Meeting, but shall be supplemental and vote on Article 1 of the 2003 Special Town Meeting, but shall be supplemental and vote on Article 1 of the 2003 Special Town Meeting, but shall be supplemental and vote on Article 1 of the 2003 Special Town Meeting, but shall be supplemental and
discretionary.discretionary.discretionary.discretionary.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 92ARTICLE 92ARTICLE 92ARTICLE 92
(Real Estate Acquisitions: Uncatena Street)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase,
gift or eminent domain the fee title or lesser title interest in all or any part of that portion of
Uncatena Street (formerly known as Wannacomet Street) from the southern sideline of Pochick
Avenue to the northern sideline of Weweeder Avenue, together with any public and private
rights of passage, for general municipal purposes; to see if the Town will vote to appropriate,
borrow pursuant to any applicable statute or transfer from available funds, a sum of money for
such purposes; or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
acquire by puracquire by puracquire by puracquire by purchase, gift or eminent domain the fee title or lesser title interest in all or any part chase, gift or eminent domain the fee title or lesser title interest in all or any part chase, gift or eminent domain the fee title or lesser title interest in all or any part chase, gift or eminent domain the fee title or lesser title interest in all or any part
of that portion of Uncatena Street (formerly known as Wannacomet Street) from the southern of that portion of Uncatena Street (formerly known as Wannacomet Street) from the southern of that portion of Uncatena Street (formerly known as Wannacomet Street) from the southern of that portion of Uncatena Street (formerly known as Wannacomet Street) from the southern
sideline of Pochick Avenue to the northern sideline of Weweeder Avenue, togetsideline of Pochick Avenue to the northern sideline of Weweeder Avenue, togetsideline of Pochick Avenue to the northern sideline of Weweeder Avenue, togetsideline of Pochick Avenue to the northern sideline of Weweeder Avenue, together with any her with any her with any her with any
public and private rights of passage, for general municipal purposespublic and private rights of passage, for general municipal purposespublic and private rights of passage, for general municipal purposespublic and private rights of passage, for general municipal purposes....
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 93ARTICLE 93ARTICLE 93ARTICLE 93
(Yard Sale Conveyances: Uncatena Street)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise dispose of the fee or lesser interests of all or any part of that portion of Uncatena
Street (formerly known as Wannacomet Street) from the southern sideline of Pochick Avenue
to the northern sideline of Weweeder Avenue, subject to Massachusetts G.L. c. 30B and
guidelines established under the "Nantucket Yard Sales" program on file with the Board of
Selectmen's office, and to take any other actions related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
sell, convey or sell, convey or sell, convey or sell, convey or otherwise dispose of the fee or lesser interests of all or any part of that portion otherwise dispose of the fee or lesser interests of all or any part of that portion otherwise dispose of the fee or lesser interests of all or any part of that portion otherwise dispose of the fee or lesser interests of all or any part of that portion
of Uncatena Street (formerly known as Wannacomet Street) from the southern sideline of of Uncatena Street (formerly known as Wannacomet Street) from the southern sideline of of Uncatena Street (formerly known as Wannacomet Street) from the southern sideline of of Uncatena Street (formerly known as Wannacomet Street) from the southern sideline of
Pochick Avenue to the northern sideline of Weweeder Avenue, subject to Massachusetts Pochick Avenue to the northern sideline of Weweeder Avenue, subject to Massachusetts Pochick Avenue to the northern sideline of Weweeder Avenue, subject to Massachusetts Pochick Avenue to the northern sideline of Weweeder Avenue, subject to Massachusetts G.L. G.L. G.L. G.L.
c. 30B and guidelines established under the "Nantucket Yard Sales" program on file with the c. 30B and guidelines established under the "Nantucket Yard Sales" program on file with the c. 30B and guidelines established under the "Nantucket Yard Sales" program on file with the c. 30B and guidelines established under the "Nantucket Yard Sales" program on file with the
Board of Selectmen's office.Board of Selectmen's office.Board of Selectmen's office.Board of Selectmen's office.
Page 207
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 94ARTICLE 94ARTICLE 94ARTICLE 94
(Real Estate Acquisitions: Off Low Beach Road)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase,
gift or eminent domain the fee title or lesser title interest in all or any portions of those certain
rights of way located southeasterly off Low Beach Road and further described below, together
with any public and private rights of passage, for public ways and/or general municipal
purposes; to see if the Town will vote to appropriate, borrow pursuant to any applicable statute
or transfer from available funds, a sum of money for such purposes; or to take any other action
related thereto.
Myrick Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Town-owned property known as Town Assessor Map 74,
Parcel 73;
Beach Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Town-owned property known as Town Assessor Map 74,
Parcel 73;
Holly Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Town-owned property known as Town Assessor Map 74,
Parcel 73;
Myrtle Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Town-owned property known as Town Assessor Map 74,
Parcel 73;
Central Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Town-owned property known as Town Assessor Map 74,
Parcel 73;
Elm Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Town-owned property known as Town Assessor Map 74,
Parcel 73;
The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that
parcel known as Town Assessor Map 74, Lot 4, bounded northwesterly by Town
Assessor Map 74, Parcels 51, 52, 53, 54, 55 and 56 (inclusive and including any
portions of any adjacent rights of way), bounded northeasterly by the sideline of Beach
Street, and bounded southeasterly by that parcel known as Town Assessor Map 74,
Parcel 71.2;
The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that
parcel known as Town Assessor Map 74, Lot 4, bounded northwesterly by that parcel
known as Town Assessor Map 74, Parcel 71.2, bounded northeasterly by the sideline of
Beach Street, and bounded southeasterly by Town Assessor Map 74, Parcels 57, 60,
Page 208
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
61, 64, 65 and 68 (inclusive and including any portions of any adjacent rights of way);
and
Pochick Avenue, bounded southwesterly by the northeasterly sideline of that parcel
known as Town Assessor Map 74, Lot 4, bounded northwesterly by Town Assessor Map
74, Parcels 57, 60, 61, 64, 65 and 68 (inclusive and including any portions of any
adjacent rights of way), bounded northeasterly by the sideline of Myrick Street, and
bounded southeasterly by Town Assessor Map 74, Parcels 58, 59, 62, 63, 66, 67 and 70
(inclusive and including any portions of any adjacent rights of way).
(Board of Selectmen)
FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to
acquire by purchase, gift or eminent domain the fee title or lesser title interest in all or any acquire by purchase, gift or eminent domain the fee title or lesser title interest in all or any acquire by purchase, gift or eminent domain the fee title or lesser title interest in all or any acquire by purchase, gift or eminent domain the fee title or lesser title interest in all or any
portions of those certain rights of way located southeasterly off Low Beach Road and further portions of those certain rights of way located southeasterly off Low Beach Road and further portions of those certain rights of way located southeasterly off Low Beach Road and further portions of those certain rights of way located southeasterly off Low Beach Road and further
described below, together with any public and private rights of passage, for public ways and/or described below, together with any public and private rights of passage, for public ways and/or described below, together with any public and private rights of passage, for public ways and/or described below, together with any public and private rights of passage, for public ways and/or
general municipal purposesgeneral municipal purposesgeneral municipal purposesgeneral municipal purposes::::
Myrick Street, located between the souMyrick Street, located between the souMyrick Street, located between the souMyrick Street, located between the southeasterly sideline of Low Beach Road and the theasterly sideline of Low Beach Road and the theasterly sideline of Low Beach Road and the theasterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;
Beach Street, located between the southeasterly sideline of Low Beach Road and the Beach Street, located between the southeasterly sideline of Low Beach Road and the Beach Street, located between the southeasterly sideline of Low Beach Road and the Beach Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned powned powned powned property known as Town Assessor Map 74, Parcel 73;roperty known as Town Assessor Map 74, Parcel 73;roperty known as Town Assessor Map 74, Parcel 73;roperty known as Town Assessor Map 74, Parcel 73;
Pine Street, located between the southeasterly sideline of Low Beach Road and the Pine Street, located between the southeasterly sideline of Low Beach Road and the Pine Street, located between the southeasterly sideline of Low Beach Road and the Pine Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;
Holly Street, located between the Holly Street, located between the Holly Street, located between the Holly Street, located between the southeasterly sideline of Low Beach Road and the southeasterly sideline of Low Beach Road and the southeasterly sideline of Low Beach Road and the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;
Myrtle Street, located between the southeasterly sideline of Low Beach Road and the Myrtle Street, located between the southeasterly sideline of Low Beach Road and the Myrtle Street, located between the southeasterly sideline of Low Beach Road and the Myrtle Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----ownownownowned property known as Town Assessor Map 74, Parcel 73;ed property known as Town Assessor Map 74, Parcel 73;ed property known as Town Assessor Map 74, Parcel 73;ed property known as Town Assessor Map 74, Parcel 73;
Central Street, located between the southeasterly sideline of Low Beach Road and the Central Street, located between the southeasterly sideline of Low Beach Road and the Central Street, located between the southeasterly sideline of Low Beach Road and the Central Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;
Elm Street, located betweenElm Street, located betweenElm Street, located betweenElm Street, located between the southeasterly sideline of Low Beach Road and the the southeasterly sideline of Low Beach Road and the the southeasterly sideline of Low Beach Road and the the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;
The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel
known as Town Assesknown as Town Assesknown as Town Assesknown as Town Assessor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74, sor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74, sor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74, sor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74,
Parcels 51, 52, 53, 54, 55 and 56 (inclusive and including any portions of any adjacent rights of Parcels 51, 52, 53, 54, 55 and 56 (inclusive and including any portions of any adjacent rights of Parcels 51, 52, 53, 54, 55 and 56 (inclusive and including any portions of any adjacent rights of Parcels 51, 52, 53, 54, 55 and 56 (inclusive and including any portions of any adjacent rights of
way), bounded northeasterly by the sideline of Beach Street, and bounded southeasterly by way), bounded northeasterly by the sideline of Beach Street, and bounded southeasterly by way), bounded northeasterly by the sideline of Beach Street, and bounded southeasterly by way), bounded northeasterly by the sideline of Beach Street, and bounded southeasterly by
ththththat parcel known as Town Assessor Map 74, Parcel 71.2;at parcel known as Town Assessor Map 74, Parcel 71.2;at parcel known as Town Assessor Map 74, Parcel 71.2;at parcel known as Town Assessor Map 74, Parcel 71.2;
The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel
known as Town Assessor Map 74, Lot 4, bounded northwesterly by that parcel known as Town known as Town Assessor Map 74, Lot 4, bounded northwesterly by that parcel known as Town known as Town Assessor Map 74, Lot 4, bounded northwesterly by that parcel known as Town known as Town Assessor Map 74, Lot 4, bounded northwesterly by that parcel known as Town
Assessor Map 74, PAssessor Map 74, PAssessor Map 74, PAssessor Map 74, Parcel 71.2, bounded northeasterly by the sideline of Beach Street, and arcel 71.2, bounded northeasterly by the sideline of Beach Street, and arcel 71.2, bounded northeasterly by the sideline of Beach Street, and arcel 71.2, bounded northeasterly by the sideline of Beach Street, and
Page 209
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
bounded southeasterly by Town Assessor Map 74, Parcels 57, 60, 61, 64, 65 and 68 (inclusive bounded southeasterly by Town Assessor Map 74, Parcels 57, 60, 61, 64, 65 and 68 (inclusive bounded southeasterly by Town Assessor Map 74, Parcels 57, 60, 61, 64, 65 and 68 (inclusive bounded southeasterly by Town Assessor Map 74, Parcels 57, 60, 61, 64, 65 and 68 (inclusive
and including any portions of any adjacent rights of way); andand including any portions of any adjacent rights of way); andand including any portions of any adjacent rights of way); andand including any portions of any adjacent rights of way); and
Pochick Avenue, bounded southPochick Avenue, bounded southPochick Avenue, bounded southPochick Avenue, bounded southwesterly by the northeasterly sideline of that parcel known as westerly by the northeasterly sideline of that parcel known as westerly by the northeasterly sideline of that parcel known as westerly by the northeasterly sideline of that parcel known as
Town Assessor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74, Parcels 57, Town Assessor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74, Parcels 57, Town Assessor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74, Parcels 57, Town Assessor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74, Parcels 57,
60, 61, 64, 65 and 68 (inclusive and including any portions of any adjacent rights of way), 60, 61, 64, 65 and 68 (inclusive and including any portions of any adjacent rights of way), 60, 61, 64, 65 and 68 (inclusive and including any portions of any adjacent rights of way), 60, 61, 64, 65 and 68 (inclusive and including any portions of any adjacent rights of way),
bounded northbounded northbounded northbounded northeasterly by the sideline of Myrick Street, and bounded southeasterly by Town easterly by the sideline of Myrick Street, and bounded southeasterly by Town easterly by the sideline of Myrick Street, and bounded southeasterly by Town easterly by the sideline of Myrick Street, and bounded southeasterly by Town
Assessor Map 74, Parcels 58, 59, 62, 63, 66, 67 and 70 (inclusive and including any portions Assessor Map 74, Parcels 58, 59, 62, 63, 66, 67 and 70 (inclusive and including any portions Assessor Map 74, Parcels 58, 59, 62, 63, 66, 67 and 70 (inclusive and including any portions Assessor Map 74, Parcels 58, 59, 62, 63, 66, 67 and 70 (inclusive and including any portions
of any adjacent rights of way).of any adjacent rights of way).of any adjacent rights of way).of any adjacent rights of way).
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen s Board of Selectmen s Board of Selectmen s Board of Selectmen supports the upports the upports the upports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 95ARTICLE 95ARTICLE 95ARTICLE 95
(Yard Sale Conveyances: Low Beach Road Parcels)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise dispose of the fee or lesser interests of all or any portions of the following parcels of
land, subject to Massachusetts G.L. c. 30B and guidelines established under the "Nantucket
Yard Sales" program on file with the Board of Selectmen's office, and to take any other action
related thereto.
Myrick Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Town-owned property known as Town Assessor Map 74,
Parcel 73;
Beach Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Town-owned property known as Town Assessor Map 74,
Parcel 73;
Holly Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Town-owned property known as Town Assessor Map 74,
Parcel 73;
Myrtle Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Town-owned property known as Town Assessor Map 74,
Parcel 73;
Central Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Town-owned property known as Town Assessor Map 74,
Parcel 73;
Elm Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Town-owned property known as Town Assessor Map 74,
Parcel 73;
The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that
parcel known as Town Assessor Map 74, Lot 4, bounded northwesterly by Town
Assessor Map 74, Parcels 51, 52, 53, 54, 55 and 56 (inclusive and including any
portions of any adjacent rights of way), bounded northeasterly by the sideline of Beach
Page 210
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
Street, and bounded southeasterly by that parcel known as Town Assessor Map 74,
Parcel 71.2;
The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that
parcel known as Town Assessor Map 74, Lot 4, bounded northwesterly by that parcel
known as Town Assessor Map 74, Parcel 71.2, bounded northeasterly by the sideline of
Beach Street, and bounded southeasterly by Town Assessor Map 74, Parcels 57, 60,
61, 64, 65 and 68 (inclusive and including any portions of any adjacent rights of way);
and
Pochick Avenue, bounded southwesterly by the northeasterly sideline of that parcel
known as Town Assessor Map 74, Lot 4, bounded northwesterly by Town Assessor Map
74, Parcels 57, 60, 61, 64, 65 and 68 (inclusive and including any portions of any
adjacent rights of way), bounded northeasterly by the sideline of Myrick Street, and
bounded southeasterly by Town Assessor Map 74, Parcels 58, 59, 62, 63, 66, 67 and 70
(inclusive and including any portions of any adjacent rights of way).
(Board of Selectmen)
FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to
sell, convey or otherwise dispose of the fee or lesser interests of all or any portions of the sell, convey or otherwise dispose of the fee or lesser interests of all or any portions of the sell, convey or otherwise dispose of the fee or lesser interests of all or any portions of the sell, convey or otherwise dispose of the fee or lesser interests of all or any portions of the
following parcels of land, subject to Massachusetts G.L. c.following parcels of land, subject to Massachusetts G.L. c.following parcels of land, subject to Massachusetts G.L. c.following parcels of land, subject to Massachusetts G.L. c. 30B and guidelines established 30B and guidelines established 30B and guidelines established 30B and guidelines established
under the "Nantucketunder the "Nantucketunder the "Nantucketunder the "Nantucket Yard Sale Yard Sale Yard Sale Yard Sale" program on file " program on file " program on file " program on file inininin the the the the office of the office of the office of the office of the Board of SelectmenBoard of SelectmenBoard of SelectmenBoard of Selectmen::::
Myrick Street, located between the southeasterly sideline of Low Beach Road and the Myrick Street, located between the southeasterly sideline of Low Beach Road and the Myrick Street, located between the southeasterly sideline of Low Beach Road and the Myrick Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned property knowowned property knowowned property knowowned property known as Town Assessor Map 74, Parcel 73;n as Town Assessor Map 74, Parcel 73;n as Town Assessor Map 74, Parcel 73;n as Town Assessor Map 74, Parcel 73;
Beach Street, located between the southeasterly sideline of Low Beach Road and the Beach Street, located between the southeasterly sideline of Low Beach Road and the Beach Street, located between the southeasterly sideline of Low Beach Road and the Beach Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;
Pine Street, located between the southeasterlPine Street, located between the southeasterlPine Street, located between the southeasterlPine Street, located between the southeasterly sideline of Low Beach Road and the y sideline of Low Beach Road and the y sideline of Low Beach Road and the y sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;
Holly Street, located between the southeasterly sideline of Low Beach Road and the Holly Street, located between the southeasterly sideline of Low Beach Road and the Holly Street, located between the southeasterly sideline of Low Beach Road and the Holly Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned property kowned property kowned property kowned property known as Town Assessor Map 74, Parcel 73;nown as Town Assessor Map 74, Parcel 73;nown as Town Assessor Map 74, Parcel 73;nown as Town Assessor Map 74, Parcel 73;
Myrtle Street, located between the southeasterly sideline of Low Beach Road and the Myrtle Street, located between the southeasterly sideline of Low Beach Road and the Myrtle Street, located between the southeasterly sideline of Low Beach Road and the Myrtle Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;
Central Street, located between the southCentral Street, located between the southCentral Street, located between the southCentral Street, located between the southeasterly sideline of Low Beach Road and the easterly sideline of Low Beach Road and the easterly sideline of Low Beach Road and the easterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;owned property known as Town Assessor Map 74, Parcel 73;
Elm Street, located between the southeasterly sideline of Low Beach Road and the Elm Street, located between the southeasterly sideline of Low Beach Road and the Elm Street, located between the southeasterly sideline of Low Beach Road and the Elm Street, located between the southeasterly sideline of Low Beach Road and the
northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned propeowned propeowned propeowned property known as Town Assessor Map 74, Parcel 73; rty known as Town Assessor Map 74, Parcel 73; rty known as Town Assessor Map 74, Parcel 73; rty known as Town Assessor Map 74, Parcel 73;
The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel The unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel
known as Town Assessor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74, known as Town Assessor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74, known as Town Assessor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74, known as Town Assessor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74,
Parcels 51, 52, 53, 54, 55 anParcels 51, 52, 53, 54, 55 anParcels 51, 52, 53, 54, 55 anParcels 51, 52, 53, 54, 55 and 56 (inclusive and including any portions of any adjacent rights of d 56 (inclusive and including any portions of any adjacent rights of d 56 (inclusive and including any portions of any adjacent rights of d 56 (inclusive and including any portions of any adjacent rights of
Page 211
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
way), bounded northeasterly by the sideline of Beach Street, and bounded southeasterly by way), bounded northeasterly by the sideline of Beach Street, and bounded southeasterly by way), bounded northeasterly by the sideline of Beach Street, and bounded southeasterly by way), bounded northeasterly by the sideline of Beach Street, and bounded southeasterly by
that parcel known as Town Assessor Map 74, Parcel 71.2; that parcel known as Town Assessor Map 74, Parcel 71.2; that parcel known as Town Assessor Map 74, Parcel 71.2; that parcel known as Town Assessor Map 74, Parcel 71.2;
The unnamed parcel or way, bounded soutThe unnamed parcel or way, bounded soutThe unnamed parcel or way, bounded soutThe unnamed parcel or way, bounded southwesterly by the northeasterly sideline of that parcel hwesterly by the northeasterly sideline of that parcel hwesterly by the northeasterly sideline of that parcel hwesterly by the northeasterly sideline of that parcel
known as Town Assessor Map 74, Lot 4, bounded northwesterly by that parcel known as Town known as Town Assessor Map 74, Lot 4, bounded northwesterly by that parcel known as Town known as Town Assessor Map 74, Lot 4, bounded northwesterly by that parcel known as Town known as Town Assessor Map 74, Lot 4, bounded northwesterly by that parcel known as Town
Assessor Map 74, Parcel 71.2, bounded northeasterly by the sideline of Beach Street, and Assessor Map 74, Parcel 71.2, bounded northeasterly by the sideline of Beach Street, and Assessor Map 74, Parcel 71.2, bounded northeasterly by the sideline of Beach Street, and Assessor Map 74, Parcel 71.2, bounded northeasterly by the sideline of Beach Street, and
bounded southeasterly bbounded southeasterly bbounded southeasterly bbounded southeasterly by Town Assessor Map 74, Parcels 57, 60, 61, 64, 65 and 68 (inclusive y Town Assessor Map 74, Parcels 57, 60, 61, 64, 65 and 68 (inclusive y Town Assessor Map 74, Parcels 57, 60, 61, 64, 65 and 68 (inclusive y Town Assessor Map 74, Parcels 57, 60, 61, 64, 65 and 68 (inclusive
and including any portions of any adjacent rights of way); andand including any portions of any adjacent rights of way); andand including any portions of any adjacent rights of way); andand including any portions of any adjacent rights of way); and
Pochick Avenue, bounded southwesterly by the northeasterly sideline of that parcel known as Pochick Avenue, bounded southwesterly by the northeasterly sideline of that parcel known as Pochick Avenue, bounded southwesterly by the northeasterly sideline of that parcel known as Pochick Avenue, bounded southwesterly by the northeasterly sideline of that parcel known as
Town Assessor Map 74, Lot 4, boTown Assessor Map 74, Lot 4, boTown Assessor Map 74, Lot 4, boTown Assessor Map 74, Lot 4, bounded northwesterly by Town Assessor Map 74, Parcels 57, unded northwesterly by Town Assessor Map 74, Parcels 57, unded northwesterly by Town Assessor Map 74, Parcels 57, unded northwesterly by Town Assessor Map 74, Parcels 57,
60, 61, 64, 65 and 68 (inclusive and including any portions of any adjacent rights of way), 60, 61, 64, 65 and 68 (inclusive and including any portions of any adjacent rights of way), 60, 61, 64, 65 and 68 (inclusive and including any portions of any adjacent rights of way), 60, 61, 64, 65 and 68 (inclusive and including any portions of any adjacent rights of way),
bounded northeasterly by the sideline of Myrick Street, and bounded southeasterly by Town bounded northeasterly by the sideline of Myrick Street, and bounded southeasterly by Town bounded northeasterly by the sideline of Myrick Street, and bounded southeasterly by Town bounded northeasterly by the sideline of Myrick Street, and bounded southeasterly by Town
Assessor Map 74, Assessor Map 74, Assessor Map 74, Assessor Map 74, Parcels 58, 59, 62, 63, 66, 67 and 70 (inclusive and including any portions Parcels 58, 59, 62, 63, 66, 67 and 70 (inclusive and including any portions Parcels 58, 59, 62, 63, 66, 67 and 70 (inclusive and including any portions Parcels 58, 59, 62, 63, 66, 67 and 70 (inclusive and including any portions
of any adjacent rights of way).of any adjacent rights of way).of any adjacent rights of way).of any adjacent rights of way).
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 96ARTICLE 96ARTICLE 96ARTICLE 96
(Real Estate Acquisition: Laurel Street)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase,
gift or eminent domain the fee title or lesser title interest in all or any part of that portion of
Laurel Street from the southern sideline of Masaquet Avenue to the northern sideline of
Weweeder Avenue (excluding any portion of Pochick Avenue), together with any public and
private rights of passage, for general municipal purposes; to see if the Town will vote to
appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum
of money for such purposes; or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
acquire by purchase, gift or eminentacquire by purchase, gift or eminentacquire by purchase, gift or eminentacquire by purchase, gift or eminent domain the fee title or lesser title interest in all or any part domain the fee title or lesser title interest in all or any part domain the fee title or lesser title interest in all or any part domain the fee title or lesser title interest in all or any part
of that portion of Laurel Streetof that portion of Laurel Streetof that portion of Laurel Streetof that portion of Laurel Street from the southern sideline of Masaquet Avenue to the northern from the southern sideline of Masaquet Avenue to the northern from the southern sideline of Masaquet Avenue to the northern from the southern sideline of Masaquet Avenue to the northern
sideline of Weweeder Avenue (excluding any portion of Pochick Avenue)sideline of Weweeder Avenue (excluding any portion of Pochick Avenue)sideline of Weweeder Avenue (excluding any portion of Pochick Avenue)sideline of Weweeder Avenue (excluding any portion of Pochick Avenue), together with any , together with any , together with any , together with any
publicpublicpublicpublic and private rights of passage, for general municipal purposes and private rights of passage, for general municipal purposes and private rights of passage, for general municipal purposes and private rights of passage, for general municipal purposes....
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Boa Boa Boa Board of Selectmen supports the rd of Selectmen supports the rd of Selectmen supports the rd of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLE 97ARTICLE 97ARTICLE 97ARTICLE 97
(Yard Sale Conveyance: Laurel Street)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise dispose of the fee or lesser interests of all or any part of that portion of Laurel Street
from the southern sideline of Masaquet Avenue to the northern sideline of Weweeder Avenue
(excluding any portion of Pochick Avenue), subject to Massachusetts G.L. c. 30B and
Page 212
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
guidelines established under the "Nantucket Yard Sales" program on file with the Board of
Selectmen's office, and to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
sell, convey or otherwise dispose of thsell, convey or otherwise dispose of thsell, convey or otherwise dispose of thsell, convey or otherwise dispose of the fee or lesser interests of all or any part of that portion e fee or lesser interests of all or any part of that portion e fee or lesser interests of all or any part of that portion e fee or lesser interests of all or any part of that portion
of Laurel Streetof Laurel Streetof Laurel Streetof Laurel Street from the southern sideline of Masaquet Avenue to the northern sideline of from the southern sideline of Masaquet Avenue to the northern sideline of from the southern sideline of Masaquet Avenue to the northern sideline of from the southern sideline of Masaquet Avenue to the northern sideline of
Weweeder Avenue (excluding any portion of Pochick Avenue)Weweeder Avenue (excluding any portion of Pochick Avenue)Weweeder Avenue (excluding any portion of Pochick Avenue)Weweeder Avenue (excluding any portion of Pochick Avenue), subject to Massachusetts G.L. , subject to Massachusetts G.L. , subject to Massachusetts G.L. , subject to Massachusetts G.L.
c. 30B and guidc. 30B and guidc. 30B and guidc. 30B and guidelines established under the "Nantucket Yard Sales" program on file with the elines established under the "Nantucket Yard Sales" program on file with the elines established under the "Nantucket Yard Sales" program on file with the elines established under the "Nantucket Yard Sales" program on file with the
Board of Selectmen's office,Board of Selectmen's office,Board of Selectmen's office,Board of Selectmen's office,
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 9 9 9 98888
(Real Estate Disposition: Ticcoma Way)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey, or
otherwise dispose the fee or lesser interests of all or any portions of eleven (11) parcels of land
located northeasterly off Ticcoma Way, described in the Town Assessor’s records as Map 67,
Parcels 700, 701, 702, 703, 704, 705, 706, 707, 708, 709 and 718, and shown on Nantucket
County Registry District of the Land Court Plan 37902-B as Lots 1, 2, 49, 50, 51, 52, 53, 54, 55,
56 and 57, for affordable housing purposes and subject to Massachusetts G.L. c. 30B, or to
take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to
sell, convey, or osell, convey, or osell, convey, or osell, convey, or otherwise dispose the fee or lesser interests of all or any portions of eleven therwise dispose the fee or lesser interests of all or any portions of eleven therwise dispose the fee or lesser interests of all or any portions of eleven therwise dispose the fee or lesser interests of all or any portions of eleven
(11) parcels of (11) parcels of (11) parcels of (11) parcels of land located northeasterly offland located northeasterly offland located northeasterly offland located northeasterly off Ticcoma Way, described in the Town Assessor’s Ticcoma Way, described in the Town Assessor’s Ticcoma Way, described in the Town Assessor’s Ticcoma Way, described in the Town Assessor’s
records as Map 67, Parcels 700, 701, 702, 703, 704, 705, 706, 707, 708, 709 and 718, records as Map 67, Parcels 700, 701, 702, 703, 704, 705, 706, 707, 708, 709 and 718, records as Map 67, Parcels 700, 701, 702, 703, 704, 705, 706, 707, 708, 709 and 718, records as Map 67, Parcels 700, 701, 702, 703, 704, 705, 706, 707, 708, 709 and 718, and and and and
shown on Nantucket County Registry District of the Land Court Plan 37902shown on Nantucket County Registry District of the Land Court Plan 37902shown on Nantucket County Registry District of the Land Court Plan 37902shown on Nantucket County Registry District of the Land Court Plan 37902----B as Lots 1, 2, 49, B as Lots 1, 2, 49, B as Lots 1, 2, 49, B as Lots 1, 2, 49,
50, 51, 52, 53, 54, 55, 56 and 57, for affordable housing purposes and subject to 50, 51, 52, 53, 54, 55, 56 and 57, for affordable housing purposes and subject to 50, 51, 52, 53, 54, 55, 56 and 57, for affordable housing purposes and subject to 50, 51, 52, 53, 54, 55, 56 and 57, for affordable housing purposes and subject to
Massachusetts G.L. c. 30B.Massachusetts G.L. c. 30B.Massachusetts G.L. c. 30B.Massachusetts G.L. c. 30B.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectm Board of Selectm Board of Selectm Board of Selectmen supports the en supports the en supports the en supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 9 9 9 99999
(Real Estate Conveyance: Miacomet Park)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey, release
or otherwise dispose of all or any portions of that property within the subdivision known as
Miacomet Park, as described on the plan entitled “Plan of Land Taking in Nantucket, MA” dated
October 5, 1998, recorded in Nantucket Registry of Deeds Plan File 53-T, or any interests
therein, to the Nantucket Islands Land Bank for conservation and open space purposes, or to
take any other action related thereto.
Page 213
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized toFINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
sell, convey, release or otherwise dispose of all or any portions osell, convey, release or otherwise dispose of all or any portions osell, convey, release or otherwise dispose of all or any portions osell, convey, release or otherwise dispose of all or any portions of that property within the f that property within the f that property within the f that property within the
subdivision known as Miacomet Park, as described on the plan entitled “Plan of Land Taking in subdivision known as Miacomet Park, as described on the plan entitled “Plan of Land Taking in subdivision known as Miacomet Park, as described on the plan entitled “Plan of Land Taking in subdivision known as Miacomet Park, as described on the plan entitled “Plan of Land Taking in
Nantucket, MA” dated October 5, 1998, recorded in Nantucket Registry of Deeds Plan File 53Nantucket, MA” dated October 5, 1998, recorded in Nantucket Registry of Deeds Plan File 53Nantucket, MA” dated October 5, 1998, recorded in Nantucket Registry of Deeds Plan File 53Nantucket, MA” dated October 5, 1998, recorded in Nantucket Registry of Deeds Plan File 53----
T, or any interests therein, to the NantuckeT, or any interests therein, to the NantuckeT, or any interests therein, to the NantuckeT, or any interests therein, to the Nantucket Islands Land Bank for conservation and open t Islands Land Bank for conservation and open t Islands Land Bank for conservation and open t Islands Land Bank for conservation and open
space purposesspace purposesspace purposesspace purposes....
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 100100100100
(Real Estate Disposition: Dreamland Theatre)
To see if the Town will vote to authorize the Board of Selectmen to enter into a
Memorandum of Understanding (“Memorandum”) between the Town and the Nantucket
Dreamland Foundation, Inc. (“Dreamland”) to allow Dreamland to use public sidewalks located
north and east of Oak Street and Easy Street from Old North Wharf to Broad Street, and
shown as "Open Space Sidewalk" on that plan containing ten (10) sheets (being sheets 3 and
4) and entitled “Open Space Plan, 1 of 2" and "Open Space Plan, 2 of 2," dated December 12,
2008, prepared for Dreamland and on file with the Board of Selectmen’s office, for open space
and to satisfy open-space requirements imposed by G.L. c. 91 for waterways licenses and
regulations of the Massachusetts Department of Environmental Protection; to authorize the
Board of Selectmen to convey, sell, or otherwise grant a lease for a term or terms exceeding
ten (10) years (which authorization is necessary to comply with G.L. c. 40, § 3 and Town of
Nantucket Code chapter 46, § 46-2), easements, covenants or other rights to or interests in
such sidewalks, or any portions thereof, to effectuate the Memorandum; to authorize
Dreamland to landscape and to make improvements to such sidewalks, including but not
limited to, installing bricks, benches or other improvements, subject to the approval by the
Board of Selectmen and the Commonwealth of Massachusetts, and for Dreamland to assume
from the Town any responsibility for maintenance of such sidewalks and improvements; or to
take any other action related thereto.
(Board of Selectmen)
FINANCFINANCFINANCFINANCE COMMITTEE MOTION: E COMMITTEE MOTION: E COMMITTEE MOTION: E COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to
enter into a Memorandum of Understanding (“Memorandum”) between the Town and the enter into a Memorandum of Understanding (“Memorandum”) between the Town and the enter into a Memorandum of Understanding (“Memorandum”) between the Town and the enter into a Memorandum of Understanding (“Memorandum”) between the Town and the
Nantucket Dreamland Foundation, Inc. (“Dreamland”) to allow Dreamland to use public Nantucket Dreamland Foundation, Inc. (“Dreamland”) to allow Dreamland to use public Nantucket Dreamland Foundation, Inc. (“Dreamland”) to allow Dreamland to use public Nantucket Dreamland Foundation, Inc. (“Dreamland”) to allow Dreamland to use public
ssssidewalks located north and east of Oak Street and Easy Street from Old North Wharf to Broad idewalks located north and east of Oak Street and Easy Street from Old North Wharf to Broad idewalks located north and east of Oak Street and Easy Street from Old North Wharf to Broad idewalks located north and east of Oak Street and Easy Street from Old North Wharf to Broad
Street,Street,Street,Street, and shownand shownand shownand shown as "Open Space Sidewalk" on that planas "Open Space Sidewalk" on that planas "Open Space Sidewalk" on that planas "Open Space Sidewalk" on that plan containing ten (10) sheets (being containing ten (10) sheets (being containing ten (10) sheets (being containing ten (10) sheets (being
sheets 3 and 4) and entitled “Open Space Plan, 1 of 2" and "Open Space Plasheets 3 and 4) and entitled “Open Space Plan, 1 of 2" and "Open Space Plasheets 3 and 4) and entitled “Open Space Plan, 1 of 2" and "Open Space Plasheets 3 and 4) and entitled “Open Space Plan, 1 of 2" and "Open Space Plan, 2 of 2,"n, 2 of 2,"n, 2 of 2,"n, 2 of 2," dated dated dated dated
December 12, 2008, prepared for Dreamland and on file with the Board of Selectmen’s office, December 12, 2008, prepared for Dreamland and on file with the Board of Selectmen’s office, December 12, 2008, prepared for Dreamland and on file with the Board of Selectmen’s office, December 12, 2008, prepared for Dreamland and on file with the Board of Selectmen’s office,
for open space and to satisfy openfor open space and to satisfy openfor open space and to satisfy openfor open space and to satisfy open----space requirements imposed by G.L. c. 91 for waterways space requirements imposed by G.L. c. 91 for waterways space requirements imposed by G.L. c. 91 for waterways space requirements imposed by G.L. c. 91 for waterways
licenses and regulations of the Massachusetts Departmentlicenses and regulations of the Massachusetts Departmentlicenses and regulations of the Massachusetts Departmentlicenses and regulations of the Massachusetts Department of Environmental Protection; of Environmental Protection; of Environmental Protection; of Environmental Protection; and and and and
further that the Board of Selectmen is hereby authorizedfurther that the Board of Selectmen is hereby authorizedfurther that the Board of Selectmen is hereby authorizedfurther that the Board of Selectmen is hereby authorized to convey, sell, or otherwise grant a to convey, sell, or otherwise grant a to convey, sell, or otherwise grant a to convey, sell, or otherwise grant a
lease for a term or terms lease for a term or terms lease for a term or terms lease for a term or terms up to thirtyup to thirtyup to thirtyup to thirty----five (35)five (35)five (35)five (35) years, easements, covenants or other rights to or years, easements, covenants or other rights to or years, easements, covenants or other rights to or years, easements, covenants or other rights to or
interests in such sidewalks,interests in such sidewalks,interests in such sidewalks,interests in such sidewalks, or any portions thereof, to effectuate the Memorandum; or any portions thereof, to effectuate the Memorandum; or any portions thereof, to effectuate the Memorandum; or any portions thereof, to effectuate the Memorandum; and further and further and further and further
that the Board of Selectmen isthat the Board of Selectmen isthat the Board of Selectmen isthat the Board of Selectmen is authorized to authorizeauthorized to authorizeauthorized to authorizeauthorized to authorize Dreamland to landscape and to make Dreamland to landscape and to make Dreamland to landscape and to make Dreamland to landscape and to make
Page 214
Town of Nantucket 2009 Annual Town Meeting Warrant with Finance Committee Motions
improvements to such sidewalks, including but not limited to, installing bricks, benches or other improvements to such sidewalks, including but not limited to, installing bricks, benches or other improvements to such sidewalks, including but not limited to, installing bricks, benches or other improvements to such sidewalks, including but not limited to, installing bricks, benches or other
improvements, subject to the approval by the Board of Selectmen and the Commonwealth of improvements, subject to the approval by the Board of Selectmen and the Commonwealth of improvements, subject to the approval by the Board of Selectmen and the Commonwealth of improvements, subject to the approval by the Board of Selectmen and the Commonwealth of
Massachusetts, and to assume from the Town any responsibility for maintenance of such Massachusetts, and to assume from the Town any responsibility for maintenance of such Massachusetts, and to assume from the Town any responsibility for maintenance of such Massachusetts, and to assume from the Town any responsibility for maintenance of such
sidewalks and improvements.sidewalks and improvements.sidewalks and improvements.sidewalks and improvements.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen s Board of Selectmen s Board of Selectmen s Board of Selectmen supports the upports the upports the upports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 101101101101
(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, s. 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 2010 tax levy.
Or, to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that One Hundred Fifty Thousand Dollars Moved that One Hundred Fifty Thousand Dollars Moved that One Hundred Fifty Thousand Dollars Moved that One Hundred Fifty Thousand Dollars
($150,000) be ($150,000) be ($150,000) be ($150,000) be transferretransferretransferretransferred from Free Cash in the Treasury of the Townd from Free Cash in the Treasury of the Townd from Free Cash in the Treasury of the Townd from Free Cash in the Treasury of the Town to be deposited in the to be deposited in the to be deposited in the to be deposited in the
Stabilization Fund.Stabilization Fund.Stabilization Fund.Stabilization Fund.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.
ARTICLEARTICLEARTICLEARTICLE 102102102102
(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 the
fixing the tax rate, pass any vote, or take any other action related thereto.
(Board of Selectmen)
FINANCE CFINANCE CFINANCE CFINANCE COMMITTEE MOTION: Moved to take no action on the Article.OMMITTEE MOTION: Moved to take no action on the Article.OMMITTEE MOTION: Moved to take no action on the Article.OMMITTEE MOTION: Moved to take no action on the Article.
BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Board of Selectmen supports the Finance Finance Finance Finance
CommitteeCommitteeCommitteeCommittee Motion. Motion. Motion. Motion.