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HomeMy WebLinkAbout2011 ATM Warrant FinCom motions FINAL TOWN OF NANTUCKET 2011 Annual Town Meeting Monday, April 4, 2011 6:00 pm Nantucket High School Page i Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Town of Nantucket 16 Broad Street Nantucket, MA 02554 (508) 228-7255 www.nantucket-ma.gov BOARD OF SELECTMEN Patricia Roggeveen, Chairman Whitey Willauer, Vice-Chairman Rick Atherton Brian Chadwick Michael Kopko FINANCE COMMITTEE James R. Kelly, Chairman Matthew T. Mulcahy, Vice-Chairman Christopher J. Kickham Stephen McCluskey Peter Morrison Timothy M. Soverino John Tiffany Clifford Williams Doug Unruh PLANNING BOARD Barry G. Rector, Chairman Sylvia Howard Nathaniel Lowell John McLaughlin Linda Williams MODERATOR Sarah F. Alger Cover photo courtesy of Christopher Kickham Page ii Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions AMERICANS WITH DISABILITIES ACT NOTICE The Town of Nantucket advises applicants, participants and the public that it does not discriminate on the basis of disability in, admission to, access to, treatment or employment in its programs, services and activities. The Town of Nantucket will provide auxiliary aids and services to access programs upon request. Inquiries, requests and complaints should be directed to the Town Manager, 16 Broad Street, Nantucket, MA 02554, (508) 228-7255. IF YOU NEED A LARGE PRINT VERSION OF THIS DOCUMENT, PLEASE CONTACT THE TOWN MANAGER’S OFFICE AT (508) 228-7255 Page iii Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2011 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 1 Receipt of Reports 1 2 Appropriation: Unpaid Bills 1 3 Appropriation: Prior Year Articles 2 4 Revolving Accounts: Annual Authorization 2 5 Appropriation: Reserve Fund 3 6 Fiscal Year 2011 Budget Transfers 4 7 Personnel Compensation Plans for Fiscal Year 2012 4 8 Appropriation: Fiscal Year 2012 General Fund Operating Budget 7 9 Appropriation: Health and Human Services 10 10 Appropriation: General Fund Capital Expenditures 11 11 Appropriation: Enterprise Funds Operations 13 12 Appropriation: Enterprise Funds Capital Expenditures 14 13 Enterprise Funds: Fiscal Year 2011 Budget Transfers 15 14 Appropriation: Waterways Improvement Fund 16 15 Appropriation: Ambulance Reserve Fund 16 16 Appropriation: County Assessment 17 17 Appropriation: Finalizing Fiscal Year 2012 County Budget 17 18 Rescind Unused Borrowing Authority 18 19 Appropriation: Ferry Embarkation Fee 18 20 Appropriation: Collective Bargaining Agreement/Our Island Home 19 21 Appropriation: Collective Bargaining Agreement/Fire 19 22 Appropriation: Collective Bargaining Agreement/Airport 20 23 Appropriation: Collective Bargaining Agreement/Wannacomet Water 20 24 Appropriation: Collective Bargaining Agreement/DPW 21 25 Appropriation: Collective Bargaining Agreement/Police - Superior Officers 21 26 Appropriation: Collective Bargaining Agreement/Police - Patrol Officers 22 27 Fiscal Year 2010 Budget Transfers: Community Preservation Committee/ Beaugrand 22 28 Appropriation: Community Preservation Committee/Beaugrand 23 29 Fiscal Year 2012 Budget Transfers: Community Preservation Committee 27 30 Appropriation: Community Preservation Committee 28 31 Home Rule Petition: Expansion of Room Occupancy Tax to Seasonal Vacation Rentals 29 32 Appropriation: Septic System Repair Financing Program 32 Page iv Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2011 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 33 Appropriation: Sewer Capital Debt Repayment/Soverino 33 34 Appropriation: Retroactive Military Payment/Wilson 33 35 Appropriation: Construction and Roadway Taking Costs for Surfside Area Roads/ Magee 34 36 Appropriation and Authorization for Road Layouts and Takings/Magee 35 37 Layout of Miller Lane/Bunting 35 38 Appropriation: Plan and Construction of Tom Nevers Bike Path/Bartlett 36 39 Appropriation: Mosquito Control/Stott 36 40 Appropriation: Municipal Grant Writer/Stover 37 41 Legal Costs Reimbursement/Stover 37 42 Proprietors of the Common and Undivided Land of the Islands of Nantucket/Trust of Henry Coffin: Trustees/Stover 38 43 Nantucket Memorial Airport Revenue/Williams 38 44 Real Estate: Expansion of Purpose on Landfill Site 38 45 Appropriation: Construction of Wind Turbine(s) on Landfill Site 39 46 Zoning Bylaw Amendment: Wind Energy Overlay District 40 47 Sewer Map Change and Zoning Map Change: Island Lumber - RC-2 to VN and VR 43 48 Zoning Map Change: Surfside Road - RC-2 to CN and R-5 45 49 Zoning Map Change: Miacomet Avenue 46 50 Zoning Map Change: Fairgrounds and Rugged Road 47 51 Zoning Map Change: Surfside - Nobadeer Avenue, Surfside Road, Weweeder Avenue, Atlantic Avenue, and Masaquet Avenue 48 52 Zoning Map Change: Hummock Pond 49 53 Zoning Map Change: Split Zoning District Correction - Wauwinet/Squam/ McKechnie 51 54 Zoning Map Change: Bartlett Road/Walsh 52 55 Zoning Map Change: Howard, Gardner, Main Streets/Hanley 52 56 Zoning Change: Swift Rock Road – LUG-2 to LUG-1/Bamber 53 57 Zoning Change: First Way, Backus Lane, Allen's Way, Third, Fourth and Fifth Way - R-10 to R-1/Valero 54 58 Zoning Bylaw Amendment: Swimming Pools 56 59 Zoning Bylaw Amendment: Parking Structures/Sanders 60 60 Zoning Bylaw Amendment: Lot Area/Collier 61 61 Zoning Bylaw Amendment: Accessory Use - VTEC 62 62 Zoning Bylaw Amendment: VTEC/Johnson 63 Page v Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2011 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 63 Zoning Bylaw Amendment: Secondary Lots 63 64 Zoning Bylaw Amendment: Technical Corrections/Miscellaneous 67 65 Bylaw Amendment: Management of Coastal Properties Owned by Town/Reade 79 66 Bylaw Amendment: Committees/Capital Program Committee 79 67 Bylaw Amendment: Committees/Finance Committee 82 68 Bylaw Amendment: Council for Human Services/Board of Selectmen 83 69 Bylaw Amendment: Council for Human Services/Wawro 85 70 Bylaw Amendment: Community Preservation Committee 88 71 Bylaw Amendment: Adoption of Stretch Code 89 72 Bylaw Amendment: Sewer Commissioners, Board of 90 73 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes 91 74 Bylaw Amendment: Town Sewer District Map Change/Nicholson 99 75 Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District/Canty 100 76 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes/ McGowan 100 77 Bylaw Amendment: Car Rental Agencies, Registration of 101 78 Amendments to Town of Nantucket Affordable Housing Trust Fund - Declaration of Trust 102 79 Acceptance of Massachusetts General Law Pertaining to Quarterly Tax Payments 103 80 Home Rule Petition: Amendment of Historic District Commission Act/Dutra 103 81 Home Rule Petition: Land Bank Real Estate Conveyance 105 82 Home Rule Petition: Land Bank Real Estate Conveyance 106 83 Home Rule Petition: Harbor and Shellfish Advisory Board 107 84 Home Rule Petition: Planning Process 108 85 Home Rule Petition: Conveyance of Land from County to Town 111 86 Home Rule Petition: Nantucket Sewer Act Amendment 113 87 Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket 113 88 Home Rule Petition: Town Charter Amendment 116 89 Real Estate Disposition: Dreamland Theatre Easement/Liddle 116 90 Authorization for Real Estate Conveyance: Hulbert Avenue Extension/Lamb 117 91 Real Estate Acquisition: 77 Washington Street/Soverino 118 92 Real Estate Acquisition: 50 Union Street/Sarkisian 118 93 Real Estate Conveyance: Authorization/22 Federal Street 118 94 Real Estate Conveyance: Authorization/37 Washington Street 119 Page vi Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2011 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 95 Long-term Lease Authorization: Airport 119 96 Long-term Lease Authorization: Surfside WWTF 120 97 Long-term Lease Authorization: Wannacomet 121 98 Real Estate Acquisition: "Paper" Streets in Surfside 122 99 Real Estate Conveyance: "Paper" Streets, Surfside 124 100 Real Estate Acquisition: "Paper" Streets in Surfside 127 101 Real Estate Conveyance: "Paper" Streets in Surfside 130 102 Real Estate Acquisition: Land and "Paper" Streets in Surfside 133 103 Real Estate Conveyance: Land and "Paper" Streets in Surfside 134 104 Real Estate Conveyance: 144 Surfside Road/Webster 135 105 Real Estate Acquisition: "Paper" Street (Opposite Ann's Lane) in Siasconset 135 106 Real Estate Conveyance: Land and "Paper" Street (Opposite Ann's Lane) in Siasconset 136 107 Real Estate Acquisition: Various "Paper" Streets 136 108 Real Estate Conveyance: Various 'Paper" Streets 138 109 Real Estate Acquisition: Miscellaneous Land 140 110 Real Estate Conveyance: Miscellaneous Land 141 111 Real Estate Conveyance: Transfer of Miscellaneous Town Land to Airport 142 112 Real Estate Conveyance: Miscellaneous Land 143 113 Real Estate Conveyance: Industrial Land 144 114 Real Estate Conveyance: Easement - Madequecham Valley Road 144 115 Real Estate Conveyance: Grant of Easement - 143A Surfside Road 145 116 Appropriation: Stabilization Fund 145 117 Appropriation: Free Cash 145 NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS Page 1 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 1 (Receipt of Reports) To receive the reports of various departments and committees as printed in the Fiscal Year 2010 Annual Town Report or as may come before this meeting. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the reports of various departments and committees as are printed in the Fiscal Year 2010 Annual Town Report or as may come before this meeting be accepted and filed with the permanent records of the Town. ARTICLE 2 (Appropriation: Unpaid Bills) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds for the payment, pursuant to Chapter 44 section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal years, including any bills now on overdraft. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Two Thousand Seven Hundred Ninety- five Dollars and Seventy-six Cents ($2,795.76) be appropriated from Free Cash to pay the General Fund unpaid bills from prior fiscal years; that Three Hundred Sixty-eight Dollars and Forty-four Cents ($368.44) be appropriated from Retained Earnings of the Sewer Enterprise Fund to pay the sewer unpaid bills from prior fiscal years; that Sixty- four Dollars and Seventy-six Cents ($64.76) be appropriated from Retained Earnings of the Siasconset Water Enterprise Fund to pay the Siasconset water enterprise fund unpaid bills from prior fiscal years; that Twenty-four Thousand Seven Hundred Sixty-one Dollars and Eight Cents ($24,761.08) be appropriated from Retained Earnings of the Solid Waste Enterprise Fund to pay the solid waste enterprise fund unpaid bills from prior fiscal years; that Four Hundred Nineteen Dollars and Forty-nine Cents ($419.49) be appropriated from Retained Earnings of the Wannacomet Water Enterprise Fund to pay the Wannacomet water enterprise fund unpaid bills from prior fiscal years: DEPARTMENT VENDOR AMOUNT Finance Committee Association of Town Finance Committees $ 173.00 Conservation Commission Dirk Roggeveen/Travel Reimbursement $ 403.38 Conservation Commission Dirk Roggeveen/Travel Reimbursement $ 66.63 Legal Deutsch Williams $ 2,152.75 Subtotal General Fund Expense $ 2,795.76 Sewer Enterprise Fund Nantucket Cottage Hospital $ 368.44 Subtotal Sewer Enterprise Fund $ 368.44 Siasconset Water Robert Gardner/AT&T Reimbursement $ 64.76 Page 2 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Subtotal Siasconset Water Enterprise Fund $ 64.76 Solid Waste Enterprise Fund Deutsch Williams $ 1,132.44 Solid Waste Enterprise Fund Clean Harbors $ 13,128.64 Solid Waste Enterprise Fund Camp, Dresser & McKee, Inc. $ 10,500.00 Subtotal Solid Waste Enterprise Fund Expense $ 24,761.08 Wannacomet Water Robert Gardner/AT&T Reimbursement $ 366.03 Wannacomet Water Robert Gardner/Cape & Islands Freight Reimbursement $ 11.00 Wannacomet Water Robert Gardner/FedEx Reimbursement $ 42.46 Subtotal Wannacomet Water Enterprise Fund Expense $ 419.49 ARTICLE 3 (Appropriation: Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds previously appropriated pursuant to Articles voted in prior years. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 4 (Revolving Accounts: Annual Authorization) To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to Chapter 44, section 53E½ of the Massachusetts General Laws for Fiscal Year 2012. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hereby authorized to continue during Fiscal Year 2011 as follows: FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND SPENDING LIMIT Beach Improvement Beach Permit Sticker sales Town Manager with approval of Board of Selectmen In accordance with c. 56, § 7A of Town Code, and including endangered species monitor program; beach patrols/monitors; beach use education/information $325,000 Page 3 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND SPENDING LIMIT Tennis Court Tennis fees Town Manager with approval of Park & Recreation Commission Operation, maintenance of tennis court facility and housing for seasonal staff $ 60,000 Conservation Fund Conservation Commission application fees Town Manager with approval of Conservation Commission Consulting services in connection with professional review of applications $ 20,000 PEG Channel Cable Franchise Fees Town Manager with the approval of Board of Selectmen Operation, maintenance, equipment, and professional services with Public Access Channel. $ 80,000 Septic System Inspections Septic system application fees Town Manager with approval of Board of Health Contractor services in connection with septic system inspections; costs associated septic system inspection related training and portion of salaries for staff in connection with septic system duties and responsibilities, together with the proportionate costs of fringe benefits associated with the salaries so paid $100,000 Seasonal Food Service Inspections Food service permit fees Town Manager with approval of Board of Health Seasonal food service inspections; costs associated with seasonal food service inspection training and public awareness materials. $ 25,000 School Staff Travel Program Participant payments School Superintendent with approval of School Committee Defrayment of travel costs incurred by employees of Nantucket Public Schools for work purposes $ 5,000 Lifeguard Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of lifeguard housing facilities $ 10,000 Public Works Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of public works housing facilities $ 20,000 Low Beach Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of Low Beach housing facilities $ 70,000 ARTICLE 5 (Appropriation: Reserve Fund) To see what sum the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of establishing a Reserve Fund pursuant to Chapter 40 section 6 of the Massachusetts General Laws, to provide for the extraordinary and unforeseen expenditures which may arise during Fiscal Year 2012; said sum not to exceed five (5) percent of the Fiscal Year 2011 tax levy. (Board of Selectmen) Page 4 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that Six Hundred Sixty-eight Thousand Dollars ($668,000) be raised and appropriated from the Fiscal Year 2012 tax levy and other general revenues of the Town to establish a Reserve Fund for Fiscal Year 2012 pursuant to chapter 40, s. 6 of the General Laws. ARTICLE 6 (Fiscal Year 2011 Budget Transfers) To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2011 operating budget from other line items of said budget and from other available funds. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred between the various Fiscal Year 2011 accounts and expenditures as follows: FROM TO AMOUNT Ambulance Reserve Fund, Expense Fire Department, Expense $ 60,000 Contractual Allowances, Salaries Building Inspectors, Salaries $ 18,100 Contractual Allowances, Salaries Planning Department, Salaries $ 6,000 Contractual Allowances, Salaries Council on Aging, Salaries $ 2,000 Marine Department, Salaries Marine Department, Expense $ 10,000 Mosquito Control, Expense Debt Service, Principal $ 50,000 Police Department, Salaries Police Department, Expense $ 50,000 Retirement, Salaries Finance & Operations, Salaries $ 74,000 Retirement, Salaries Human & Social Services, Salaries $ 48,000 Retirement, Salaries Conservation Commission, Salaries $ 22,800 Retirement, Salaries Public Works, Expense $ 15,000 ARTICLE 7 (Personnel Compensation Plans for Fiscal Year 2012) To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year 2012: 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 Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 19.00 Dietician/Our Island Home (hourly) 33.00 38.00 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 Page 5 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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 Senior Adult Day Care Aide (Per Diem – hourly) 18.76 Seasonal Shellfish Warden(s) (yearly) 300.00 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, 2011- April 14, 2012) Compensation Second Third Fourth Level Start Season Season Season 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, Seasonal Laborer (Public Works) C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock Worker D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Tennis Attendant (Park & Recreation), Laborer (Park & Recreation Public Works) E. Lifeguard Supervisor, Madaket Seasonal Assistant Harbormaster, Seasonal Maintenance Supervisor (Park & Recreation Public Works); 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. Page 6 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Schedule D C -- Compensation Schedule for Elected Officials* Moderator $150 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $89,530 *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following schedules be adopted: Schedule 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 Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 19.00 Dietician/Our Island Home (hourly) 33.00 38.00 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 Senior Adult Day Care Aide (Per Diem – hourly) 18.76 Seasonal Shellfish Warden(s) (yearly) 300.00 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, 2011- April 14, 2012) Compensation Second Third Fourth Level Start Season Season Season 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 Page 7 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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, Seasonal Laborer (Public Works) C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock Worker D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Tennis Attendant (Park & Recreation), Laborer (Park & Recreation Public Works) E. Lifeguard Supervisor, Part-time Reserve Patrol Officer, Madaket Seasonal Assistant Harbormaster, Seasonal Maintenance Supervisor (Park & Recreation Public Works); 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 C -- Compensation Schedule for Elected Officials* Moderator $150 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $89,530 *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. ARTICLE 8 (Appropriation: Fiscal Year 2012 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 2012. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2012 operating budget is established for the various offices, boards, and commissions of the Town as follows: Page 8 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Fiscal Year 2012 FY 2011 DEPARTMENT PAYROLL OPERATING TOTAL BUDGET ARTICLE 8 TOTAL GENERAL GOVERNMENT Conservation Commission $ 0 $ 0 $ 0 148,170 Commission on Disability $ 0 $ 0 $ 0 12,890 Finance Committee $ 0 $ 19,900 $ 19,900 22,000 Finance & Operations $ 1,456,810 $ 409,790 $ 1,866,600 1,798,290 Historic District Commission $ 0 $ 0 $ 0 254,600 Human Resources $ 142,720 $ 55,800 $ 198,520 165,750 Information Systems / GIS $ 348,410 $ 238,000 $ 586,410 558,030 Legal $ 0 $ 335,000 $ 335,000 335,000 Moderator $ 175 $ 650 $ 825 475 Nantucket Planning Office $ 397,870 $ 69,600 $ 467,470 480,780 Town Administration $ 504,320 $ 193,400 $ 697,720 622,500 Town Clerk $ 201,060 $ 58,650 $ 259,710 271,010 Subtotal $ 3,051,365 $ 1,380,790 $ 4,432,155 4,669,495 SAFETY & PROTECTION Code Enforcement & Regulatory $ 1,040,490 $ 90,160 $ 1,130,650 $ 0 Inspectors $ 0 $ 0 $ 0 651,430 Emergency Management $ 0 $ 9,000 $ 9,000 12,100 Fire Department $ 2,184,750 $ 196,600 $ 2,381,350 2,483,850 Health Department $ 0 $ 0 $ 0 296,020 Police Department & Animal Control $ 4,021,940 $ 546,500 $ 4,568,440 4,317,210 Street Lighting $ 0 $ 77,000 $ 77,000 80,000 Subtotal $ 7,247,180 $ 919,260 $ 8,166,440 7,840,610 MARINE & COASTAL RESOURCES Marine Department $ 864,420 $ 85,000 $ 949,420 792,080 Subtotal $ 864,420 $ 85,000 $ 949,420 792,080 MAINTENANCE Gas / Town Vehicles $ 0 $ 350,000 $ 350,000 350,000 Mosquito Control $ 0 $ 0 $ 0 50,000 Public Buildings $ 0 $ 747,000 $ 747,000 661,000 Public Works $ 1,831,500 $ 320,150 $ 2,151,650 1,880,560 Snow and Ice Removal $ 0 $ 64,000 $ 64,000 64,000 Subtotal $ 1,831,500 $ 1,481,150 $ 3,312,650 3,005,560 HUMAN SERVICES Page 9 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Human Services $ 459,240 $ 63,900 $ 523,140 $ 0 Council on Aging $ 0 $ 0 $ 0 249,490 Council for Human Services $ 0 $ 0 $ 0 138,000 Veteran's Services $ 0 $ 0 $ 0 14,715 Subtotal $ 459,240 $ 63,900 $ 523,140 402,205 CULTURE & RECREATION Atheneum $ 0 $ 661,216 $ 661,216 650,720 Park & Recreation $ 0 $ 0 $ 0 474,290 Town Clock $ 0 $ 2,500 $ 2,500 2,700 Visitor Services $ 219,040 $ 95,350 $ 314,390 341,370 Subtotal $ 219,040 $ 759,066 $ 978,106 1,469,080 CONTRACTUALOBLIGATIONS $ 254,520 $ 0 $ 254,520 292,227 TOTAL OF DEPT OPERATING BUDGETS $ 13,927,265 $ 4,689,166 $ 18,616,431 18,471,257 EDUCATION Community School $ 219,300 $ 0 $ 219,300 235,000 School Department $ 17,188,594 $ 4,531,106 $ 21,719,700 21,499,213 Subtotal $ 17,407,894 $ 4,531,106 $ 21,939,000 21,734,213 GRAND TOTAL OF GEN GOV'T OPER BUDGETS $ 31,335,159 $ 9,220,272 $ 40,555,431 40,205,470 DEBT SERVICE Principal & Interest $ 0 $ 9,053,860 $ 9,053,860 9,311,920 Subtotal $ 0 $ 9,053,860 $ 9,053,860 9,311,920 INSURANCES Auto Casualty $ 0 $ 100,000 $ 100,000 202,300 Blanket Liability $ 0 $ 1,100,000 $ 1,100,000 906,315 Claims Deductible $ 0 $ 100,000 $ 100,000 82,000 Insurance Consulting $ 0 $ 29,000 $ 29,000 28,600 Medical Insurance $ 6,760,000 $ 0 $ 6,760,000 6,687,755 Unemployment $ 300,000 $ 0 $ 300,000 328,520 Workers Compensation $ 197,000 $ 0 $ 197,000 197,300 Laborer's Union Pension $ 44,000 $ 0 $ 44,000 42,160 Subtotal $ 7,301,000 $ 1,329,000 $ 8,630,000 8,474,950 ASSESSMENTS Barnstable Retirement $ 2,988,750 $ 0 $ 2,988,750 3,011,055 Subtotal $ 2,988,750 $ 0 $ 2,988,750 3,011,055 GRAND TOTAL OF OPERATING BUDGET $41,624,909 $19,603,132 $61,228,041 61,003,395 Page 10 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions And to meet these appropriations, the sum of Sixty-one Million Two Hundred Twenty- eight Thousand Forty-one Dollars ($61,228,041) be raised and appropriated from the Fiscal Year 2012 tax levy and other general revenues of the Town. The budget unanimously recommended by the Nantucket School Committee for the School Department, including the Nantucket Community School, for Fiscal Year 2012 is Twenty-One Million Nine Hundred Thirty-Nine Thousand Dollars ($21,939,000) FINANCE COMMITTEE COMMENT: In prior years, the Fire Department expenses relating to the ambulance service were contained in Article 8, and a transfer of funding was shown in the Motion from the Ambulance Reserve Fund. For FY 2012, there is a separate article for an appropriation directly from the Ambulance Reserve Fund for this purpose. ARTICLE 9 (Appropriation: Health and Human Services) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the Council for Human Services to be used by the Council to contract with various health and human services, not-for-profit corporations to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket; further, that all such sums be expended on the condition that contracts be executed by and between the Board of Selectmen and the respective private, not-for-profit agency for Fiscal Year 2012, which contracts shall stipulate mutually agreed upon terms and conditions. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Three Hundred Seventeen Thousand Eight Hundred Eighty-three Dollars ($317,883) be raised and appropriated from the Fiscal Year 2012 tax levy and other general revenues of the Town for the Town Manager to expend to fund contracts for the following health and human services by private not-for-profit agencies to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket, provided that the Town Manager with the approval of the Board of Selectmen, execute contracts with the respective agencies for Fiscal Year 2012, which contracts shall stipulate mutually agreed upon terms and conditions: AGENCY AMOUNT A Safe Place $ 50,000 Martha’s Vineyard Community Services $ 13,000 Elder Services of Cape Cod & Islands $ 8,000 Interfaith Council Food Pantry $ 20,000 Interfaith Council Rental Assistance $ 20,000 South Coastal Counties Legal Services $ 3,900 Family & Children’s Services dba Nantucket Behavioral Health Services $ 152,100 Nantucket Aids Network $ 10,000 Page 11 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Nantucket Cottage Hospital/Social Services $ 32,500 Nantucket Family Planning $ 8,383 TOTAL $ 317 ,883 FINANCE COMMITTEE COMMENT: The Committee understands the demands on local human services providers. Although some have questioned the "roll over" of funds from the Fiscal Year 2011 appropriations into Fiscal Year 2012, those recommendations were vetted and recommended for their worthiness and that worthiness is still evident and real. We hope that a process of financial review of these requests will be reinstated next year so that the process remains fair for all providers. ARTICLE 10 (Appropriation: General Fund Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, for the purposes of capital expenditures for Fiscal Year 2012 for the offices, departments, boards and commissions of the Town of Nantucket. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated for capital outlay expenditures for general fund departments for Fiscal Year 2012, with all such expenditures to be made by the Town Manager with the approval of the Board of Selectmen; except the School expenditures to be made by the School Superintendent with the approval of the School Committee; and further that the Town Manager with the approval of the Board of Selectmen or School Superintendent with the approval of the School Committee as the case may be, is authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced as follows: DEPARTMENT ITEM AMOUNT Town Administration Professional services for design, permitting, construction, and materials for road improvements at various locations $900,000.00 Town Administration Professional services for design, permitting, engineering, and construction to improve drainage at Nobadeer Farm Road $230,000.00 Town Administration Professional services for space reconfiguration design, permitting, and construction located at 37 Washington Street $100,000.00 Town Administration Costs associated with repairs for the Jetties Beach Concession Building $120,000.00 Town Administration Costs associated with repairs, and renovations to various municipal buildings and projects $404,645.86 Town Administration Professional services for space reconfiguration design, permitting, and construction located at 20 South Water Street $ 65,000.00 Town Administration Professional services for design, permitting, and engineering for Millie’s Bridge $ 50,000.00 Town Administration Purchase Permit Tracking Software $ 50,000.00 Information Systems Purchase Replacement Servers $ 50,000.00 Information Systems Purchase Replacement Desktops and Printers $ 50,000.00 Page 12 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Information Systems Costs associated with updating GIS: Digital Orthophoto information $ 50,000.00 Public Works Purchase replacement vehicle(s) $ 45,530.00 School NES Flat Roof Repair $350,121.43 School Nantucket High School Pool Water Filter & Boiler Upgrade & Replacement $200,000.00 School Nantucket High School Large Group Instruction Room Upgrade $200,000.00 School Costs associated with upgrading Nantucket High School Phone System $ 50,000.00 School Replace Grounds Vehicles for Nantucket Public Schools $ 50,000.00 TOTAL $2,965,297.29 And to meet the appropriation for the above items that Two Million Two Hundred Twenty-eight Thousand Three Hundred Sixty Dollars ($2,228,360) be transferred from Free Cash in the Treasury of the Town; that Three Hundred Seventy-one Thousand Six Hundred Forty Dollars ($371,640) be raised and appropriated from the Fiscal Year 2012 tax levy and other general revenues of the Town; that Two Hundred Fifty-four Thousand Six Hundred Forty-five Dollars and Eighty-six Cents ($254,645.86) be transferred from the following prior year Articles, the purposes of which have been completed, for the repairs and renovations of various municipal buildings item: a) and, to meet this appropriation Thirty-eight Thousand Four Hundred Twelve Dollars and Eighty-six Cents ($38,412.86) be transferred from Article 10 of the 2007 Annual Town Meeting (Repairs to Employee Housing/38 West Chester St); b) and, to meet this appropriation Seventy-seven Thousand One Hundred Six Dollars ($77,106) be transferred from Article 10 of the 2009 Annual Town Meeting (Fire Station); c) and, to meet this appropriation One Hundred Thousand Dollars ($100,000) be transferred from Article 10 of the 2006 Annual Town Meeting (Mosquito Equipment); d) and, to meet this appropriation Ten Thousand Dollars ($10,000) be transferred from Article 10 of the 2007 Annual Town Meeting (Replace Bathtubs/OIH); e) and, to meet this appropriation Four Thousand Two Hundred Nineteen Dollars ($4,219) be transferred from Article 10 of the 2007 Annual Town Meeting (Window Sashes); f) and, to meet this appropriation One Thousand Eight Hundred Fifty Dollars ($1,850) be transferred from Article 10 of the 2008 Annual Town Meeting (Replace 1 Gas Furnace); g) and, to meet this appropriation Five Hundred Dollars ($500) be transferred from Article 10 of the 2003 Annual Town Meeting (Siasconset Fire Repairs); h) and, to meet this appropriation Eighty-six Dollars ($86) be transferred from Article 10 of the 2003 Annual Town Meeting (Madaket Fire Repairs); i) and, to meet this appropriation Twenty-two Thousand Four Hundred Seventy- two Dollars ($22,472) be transferred from Article 10 of the 2003 Annual Town Meeting (Visitor Services Building Repairs); Page 13 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions further, that Sixty-five Thousand Dollars ($65,000) be appropriated from the following prior year Article, the purposes of which have been completed, for the 20 South Water Street item: a) Sixty-five Thousand Dollars ($65,000) be transferred from Article 10 of the 2007 Annual Town Meeting (Police Dormers); further, that Forty-five Thousand Five Hundred Thirty Dollars ($45,530) be appropriated from the following prior year Article, the purposes of which have been completed, for the public works replacement vehicle(s) item: a) Forty-five Thousand Five Hundred Thirty Dollars ($45,530) be transferred from Article 10 of the 2004 Annual Town Meeting (Street Sweeper Equipment); further, that One Hundred Twenty-one Dollars and Forty-three Cents ($121.43) be appropriated from the following prior year Article, the purposes of which have been completed, for the flat roof repair item: b) One Hundred Twenty-one Dollars and Forty-three Cents ($121.43) be transferred from Article 10 of the 2007 Annual Town Meeting (Bus Lane and Parking Lot). ARTICLE 11 (Appropriation: Enterprise Funds Operations) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the operation of the Enterprise Funds of the Town of Nantucket for Fiscal Year 2012, 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 2012 operating budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be expended through the Siasconset Water Commission; the Wannacomet Water appropriation to be expended through the Nantucket Water Commission; the Airport appropriation to be expended through the Nantucket Airport Commission; the remaining appropriations to be spent through the Board of Selectmen: FY 2012 FY 2012 FY 2012 FY 2011 FUND PAYROLL EXPENSES TOTAL BUDGET TOTAL BUDGET Airport $ 3,788,755 $ 8,179,390 $11,968,145 $ 11,255,640 Our Island Home $ 5,213,403 $ 1,212,517 $ 6,425,920 $ 6,578,041 Sewer ( includes Wastewater Treatment; Collection & Disposal; and Siasconset plant) $ 1,011,087 $ 4,686,462 $ 5,697,549 $ 5,246,550 Siasconset Water $ 31,000 $ 938,350 $ 969,350 $ 902,250 Solid Waste $ 51,910 $ 7,606,590 $ 7,658,500 $ 6,724,191 Wannacomet Water $ 1,358,970 $ 2,673,070 $ 4,032,040 $ 4,074,305 TOTAL $11,455,125 $25,296,379 $36,751,504 $ 34,780,977 Page 14 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Further, that the above appropriations be funded as follows: FUND FUNDING SOURCES AMOUNTS Airport FY 12 Anticipated Revenues $11,430,640 Airport Retained Earnings $ 537,505 Our Island Home FY 12 Anticipated Revenues $ 3,260,000 Our Island Home FY 12 Tax Levy and Other General Revenues $ 3,165,920 Sewer FY 12 Anticipated Revenues $ 5,160,050 Sewer Retained Earnings $ 537,499 Solid Waste FY 12 Anticipated Revenues $ 2,830,000 Solid Waste FY 12 Tax Levy and Other General Revenues $ 4,438,000 Solid Waste Retained Earnings $ 390,500 Siasconset Water FY 12 Anticipated Revenues $ 852,350 Siasconset Water Retained Earnings $ 117,000 Wannacomet Water FY 12 Anticipated Revenues $ 4,032,040 TOTAL FUNDING SOURCES $36,751,504 ARTICLE 12 (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 2012 for the Enterprise Funds established under the jurisdiction of the Town of Nantucket. (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be appropriated for the Enterprise Fund departments for Fiscal Year 2012 with the Airport appropriations to be expended through the Airport Commission; the Our Island Home Enterprise Fund appropriations to be expended by the Town Manager with the approval of the Board of Selectmen; the Sewer Enterprise and Solid Waste Enterprise Fund appropriations to be expended by the Town Manager with the approval of the Board of Selectmen/Board of Public Works/Sewer Commissioners; the Siasconset Water appropriations to be expended through the Siasconset Water Commission; the Wannacomet Water appropriations to be expended through the Nantucket Water Commission: DEPARTMENT ITEM AMOUNT Airport Professional services for design, permitting, construction, and other costs associated with renovating the administration building and replacing furnishings. $ 3,000,000 Airport Construction, permitting and other related costs associated with resurfacing runway 6-24 $ 2,300,000 Airport Costs associated with ramp electrification $ 2,500,000 Airport Construction, permitting and other costs associated with constructing a parallel taxiway to runway 15-33 $ 2,000,000 Airport Purchase new airfield equipment $ 250,000 Subtotal Airport Enterprise $ 10,050,000 Sewer Purchase replacement sewer vehicle(s) $ 85,974 Subtotal Sewer Enterprise $ $85,974 Page 15 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Solid Waste Professional services for design, permitting, and other costs associated with landfill mining. $ 653,085 Subtotal Solid Waste Enterprise $ 653,085 TOTAL $ 10,789,059 And, to meet the appropriations, that the following funding sources to be used: FUNDING SOURCE AMOUNT Airport, Borrowing $ 10,050,000 Sewer, Sewer Article Reappropriations $ 85,974 Solid Waste, FY12 Tax Levy and Other General Revenues $ 653,085 TOTAL $ 10,789,059 Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is authorized to borrow the sum of Ten Million Fifty Thousand Dollars ($10,050,000) as a general obligation of the Town with the intent that any and all repayments and debt service (if applicable) are to come from airport revenues, state grants, and federal grants; that Eighty-five Thousand Nine Hundred Seventy-four Dollars ($85,974) be transferred from the following prior year Articles, the purposes of which have been completed, for the purchase of replacement sewer vehicle(s): a) and, to meet this appropriation Forty-nine Thousand Seven Hundred Eighty- three Dollars ($49,783) be transferred from Article 13 of the 2005 Annual Town Meeting (Stormwater Map); b) and, to meet this appropriation Ten Thousand Nine Hundred Fifty-eight Dollars ($10,958) be transferred from Article 13 of the 2005 Annual Town Meeting (Replace Backhoe); c) and, to meet this appropriation Five Thousand Sixty Dollars ($5,060) be transferred from Article 13 of the 2008 Annual Town Meeting (Dump Truck); d) and, to meet this appropriation Twenty Thousand One Hundred Seventy-three Dollars ($20,173) be transferred from Article 12 of the 2007 Annual Town Meeting (Replace Dump Truck); and further, that Six Hundred Fifty-three Thousand Eighty-five Dollars ($653,085) be transferred from the Fiscal Year 2012 Tax Levy and Other General Revenues of the Town for the solid waste landfill mining item. ARTICLE 13 (Enterprise Funds: Fiscal Year 2011 Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2011 Enterprise Fund operating budgets from other line items of said budgets and/or from Enterprise Surplus Reserve Funds. (Board of Selectmen) Page 16 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred between the various enterprise fund accounts and funding sources for Fiscal Year 2011 as follows: FROM TO AMOUNT Wannacomet Water, Retained Earnings Wannacomet Water, Operating Expense (Debt Service) $211,500 Siasconset Water, Retained Earnings Siasconset Water, Operating Expense (Debt Service) $208,806 Siasconset Water, Retained Earnings Siasconset Water, Salaries $29,000 Sewer Enterprise, Retained Earnings Sewer, Operating Expense (CW 07 17 MWPAT $41,617.89 interest, $3,004.50 admin fees, and $26,639.90 loan origination) $71,263 ARTICLE 14 (Appropriation: Waterways Improvement Fund) To see what sum the Town will vote to appropriate from the revenue received under Chapter 60B subsection (i) of section 2 and under Chapter 91section 10A of the Massachusetts General Laws and sums received from the Commonwealth or Federal Government for purposes established by Chapter 40 section 5G of the Massachusetts General Laws including but not limited to (1) maintenance, dredging, cleaning and improvement of harbors, inland waters and great ponds, (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and any other purpose allowed by applicable law. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Two Hundred Thousand Dollars ($200,000) be appropriated from the Waterways Improvement Fund for the purpose of (1) maintenance, dredging, cleaning and improvement of harbors, inland waters and great ponds, (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and any other purpose allowed by applicable law. ARTICLE 15 (Appropriation: Ambulance Reserve Fund) To see what sum the Town will vote to appropriate from the Ambulance Reserve Fund for the purchase of ambulance-related equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three (3) ambulances, and other such related costs to operate the Town’s ambulance services, including up to four (4) full-time firefighter/EMT positions. All expenditures to be made by the Fire Department, subject to the approval of the Town Manager. Page 17 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Two Hundred Ten Thousand Dollars ($210,000) be appropriated from the Ambulance Reserve Fund for the purpose of purchasing ambulance-related equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three (3) ambulances, and other such related costs to operate the Town’s ambulance services, including up to four (4) full-time firefighter/EMT positions. All expenditures to be made by the Fire Department, subject to the approval of the Town Manager. ARTICLE 16 (Appropriation: County Assessment) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, to pay the County of Nantucket such assessment as is required for Fiscal Year 2012, and to authorize the expenditure of these funds for County purposes, all in accordance with the Massachusetts General Laws and in accordance with the County Charter (Chapter 290 of the Acts of 1996), the sum of One Hundred Sixty-two Thousand Dollars ($162,000). Or to take any other action related thereto. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved that One Hundred Sixty-two Thousand Dollars ($162,000) be raised and appropriated from the Fiscal Year 2012 tax levy and other general revenues of the Town to fund the Fiscal Year 2012 county assessment. ARTICLE 17 (Appropriation: Finalizing Fiscal Year 2012 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 2012 by appropriating a sum of money for such County budget and authorizing the expenditure of estimated County revenues, County reserve funds, County deed excise fees or other available County funds including the Town assessment for County purposes; further, to see if the Town will vote to overturn any denial by the Nantucket County Review Committee of the establishment of a County Reserve Fund, from which transfers may be made to meet extraordinary or unforeseen expenditures with the approval of the County Commissioners acting as the County Advisory Board Executive Committee within the meaning of Chapter 35 section 32 of the Massachusetts General Laws. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Finance Committee, acting as the Nantucket County Review Committee in accordance with section 2.7 of the Nantucket County Charter, endorsed the Fiscal Year 2012 Nantucket County budget as adopted by the Page 18 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Nantucket County Commissioners on January 26, 2011, at its meeting on March 10, 2011. ARTICLE 18 (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: Moved that: a) One Million One Hundred Thousand Dollars ($1,100,000) is rescinded as unused borrowing authority authorized by Article 10 of the 2002 Annual Town Meeting (Expansion of the Fire Station) (43220 93053) b) Twelve Million Five Hundred Twenty Thousand Dollars ($12,520,000) is rescinded as unused borrowing authority authorized by Article 13 of the 2008 Annual Town Meeting (Construction of and professional services for area N-3A as per Comprehensive Wastewater Management Plan) (30440 99237) c) Twelve Million One Hundred Forty Thousand Dollars ($12,140,000) is rescinded as unused borrowing authority authorized by Article 13 of the 2008 Annual Town Meeting (Construction of and professional services for area N-2 as per Comprehensive Wastewater Management Plan) (30440 99238) FINANCE COMMITTEE COMMENT: The Town is in the process of strategically re- prioritizing certain future capital projects. The projects identified here are either no longer going to happen; or, will be put off indefinitely, therefore the authorization for borrowing originally approved by Town Meeting is not necessary. ARTICLE 19 (Appropriation: Ferry Embarkation Fee) To see what sum the Town will vote to appropriate from the proceeds of the ferry embarkation fee established by Chapter 46, section 129 of the Acts of 2003 as amended, for the purposes of mitigating the impacts of ferry service on the Town and County of Nantucket, including but not limited to provision of harbor services, public safety protection, emergency services, infrastructure improvements within and around Nantucket Harbor, and professional services pertaining to the potential use or reuse of land, buildings and infrastructure in the vicinity of Nantucket Harbor, and any other purpose allowed by applicable law. Or to take any other action related thereto. (Board of Selectmen) Page 19 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that One Hundred Fifty Thousand Dollars ($150,000) be appropriated from the Ferry Embarkation Fee Fund for the purpose of public safety protection, emergency services, and any other purpose allowed by applicable law. ARTICLE 20 (Appropriation: Collective Bargaining Agreement/Our Island Home) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2011 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Our Island Home union employees (represented by the Service Employees International Union, Local 1199) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Seventy-nine Thousand Five Hundred Dollars ($79,500) be hereby appropriated to fund the cost items for Fiscal Year 2011, ending June 30, 2011, and Seventy-nine Thousand Five Hundred Dollars ($79,500) be appropriated to fund the cost items for Fiscal Year 2012 as described in a collective bargaining agreement between the Town of Nantucket (represented by the Board of Selectmen) and the Our Island Home union employees (represented by the Service Employees International Union Local #1199) in accordance with Chapter 150E of the General Laws of the Commonwealth; and to meet these appropriations that One Hundred Fifty-nine Thousand Dollars ($159,000) be transferred from the General Fund Contractual Obligations appropriation as voted pursuant to Article 8 of the 2010 Annual Town Meeting to Our Island Home Enterprise Fund; and, further, to amend the Town’s classification and compensation plan accordingly to reflect such contract. ARTICLE 21 (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 Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Thirty-six Thousand One Hundred Page 20 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Seventeen Dollars ($36,117) be hereby appropriated to fund the cost items for Fiscal Year 2009, ending June 30, 2009, and Fifty-nine Thousand Six Hundred Thirty-seven Dollars ($59,637) be appropriated to fund the cost items for Fiscal Year 2010 as described in a collective bargaining agreement 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 meet these appropriations that Ninety-five Thousand Seven Hundred Fifty-four Dollars ($95,754) be transferred from the General Fund Contractual Obligations appropriation as voted pursuant to Article 8 of the 2010 Annual Town Meeting; and, further, to amend the Town’s classification and compensation plan accordingly to reflect such contract. ARTICLE 22 (Appropriation: Collective Bargaining Agreement/Airport) 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 2011 in a collective bargaining contract between the Town of Nantucket (represented by the Airport Commission) and Airport union employees (represented by the Massachusetts Laborer’s District Council of the Nantucket Memorial Airport Employees of the Laborer’s International Union of North America, Local 1060) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that Twelve Thousand Three Hundred Three Dollars ($12,303.00) be hereby appropriated to fund the cost items for Fiscal Year 2011, ending June 30, 2011, and as described in a collective bargaining agreement between the Town of Nantucket (represented by the Airport Commission) and the Airport union employees (represented by the Massachusetts Laborer’s District Council of the Nantucket Memorial Airport Employees of the Laborer’s International Union of North America, Local 1060) in accordance with Chapter 150E of the General Laws of the Commonwealth; and to meet these appropriations that Twelve Thousand Three Hundred Three Dollars ($12,303.00) be transferred from the Airport Payroll appropriation as voted pursuant to Article 12 of the 2010 Annual Town Meeting; and, further, to amend the Town’s classification and compensation plan accordingly to reflect such contract. ARTICLE 23 (Appropriation: Collective Bargaining Agreement/Wannacomet Water) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2012 in a bargaining contract between the Town of Nantucket (represented by the Nantucket Water Commission) and Wannacomet Water union employees Page 21 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (represented by the Utility Workers of America, AFL-CIO, Local Union 359) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen for Nantucket Water Commission) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: Funding for this contract is contained within the FY 2012 Wannacomet Water operating budget, in Article 11. Collective bargaining agreements of one year or less do not require approval by Town Meeting. ARTICLE 24 (Appropriation: Collective Bargaining Agreement/DPW) 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 2012 in a bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Department of Public Works union employees (represented by the American Federation of State, County and Municipal Employees, Local 2346) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING. ARTICLE 25 (Appropriation: Collective Bargaining Agreement/Police – Superior Officers) 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 2012 in a bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Police Department union employees (represented by the Massachusetts Coalition of Police, Local Union 330A, IUPA, AFL-CIO) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING. Page 22 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 26 (Appropriation: Collective Bargaining Agreement/Police – Patrol Officers) 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 2012 in a bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Police Department union employees (represented by the Massachusetts Coalition of Police, Local Union 330, IUPA, AFL-CIO) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING. ARTICLE 27 (Fiscal Year 2010 Budget Transfers: Community Preservation Committee) To see what sums the Town will vote to transfer into the Community Preservation Committee reserved and unreserved fund balances to turn back the unspent remainder of projects approved in prior fiscal years so that it will be available for future appropriations. FROM TO AMOUNT Article 21 ATM 2004 Nantucket Housing Office Administrative costs Fiscal Year 2012 Community Preservation Committee Affordable Housing Reserved fund balance $596.86 Article 26 ATM 2008 Nantucket Housing Office New LEED certified construction, 2 Clarendon Fiscal Year 2012 Community Preservation Committee Affordable Housing Reserved fund balance $.08 Article 26 ATM 2008 Nantucket Housing Office 3 Norquarta Drive Fiscal Year 2012 Community Preservation Committee Affordable Housing Reserved fund balance $21,080.03 Total transfers to Affordable Housing Reserved fund balance $21,676.97 (Kenneth Beaugrand, et al) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from the various accounts as follows: FROM TO AMOUNT Article 21 ATM 2004 Nantucket Housing Office Administrative costs Fiscal Year 2012 Community Preservation Committee Affordable Housing Reserved fund balance $ 596.86 Page 23 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Article 26 ATM 2008 Nantucket Housing Office New LEED certified construction, 2 Clarendon Fiscal Year 2012 Community Preservation Committee Affordable Housing Reserved fund balance $ .08 $ .04 Article 26 ATM 2008 Nantucket Housing Office 3 Norquarta Drive Fiscal Year 2012 Community Preservation Committee Affordable Housing Reserved fund balance $ 21,080.03 Total transfers to Affordable Housing Reserved fund balance $ 21,676.97 $ 21,676.93 FINANCE COMMITTEE COMMENT: The title to this Article should actually read “Fiscal Year 2012 Budget Transfers”. ARTICLE 28 (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 2012 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year. Purpose Amount Historic Preservation Town of Nantucket, Cemetery Commission Workgroup Historic Newtown Cemetery Preservation $40,000 Siasconset Union Chapel Restoration of the Exterior and Interior, Phase 1 $175,000 Nantucket Atheneum Preservation through digitization of all copies of the Inquirer & Mirror newspaper from 1821 to present $130,000 Nantucket Historical Association Preservation of the interior and exterior Fire Hose-Cart house $20,260 Nantucket Dreamland Foundation Reuse and repurposing of historical elements $255,000 Sub-total $620,260 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Page 24 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Community Housing Housing Nantucket Scattered site house recycling program $150,000 Interfaith Council Housing and rental assistance program $100,000 Habitat for Humanity Nantucket Inc. Construct new Habitat for Humanity house $200,000 Housing Assistance Corporation Planning, design and permitting of 50 unit development including infrastructure and the construction of 19 homes, Phase 1 $750,000 Sub-total $1,200,000 $200,000 of the funds utilized for this category are from the designated reserve balance for affordable housing with the balance from the Community Preservation surcharge and the State matching funds. Open Space Conservation /Recreation Town of Nantucket Public Access to open space and acquisition fund for properties, Phase 3 $150,000 Nantucket Land Council Restoration of water quality in Head of Hummock Pond for years 1 & 2 $75,561 Nantucket Park and Recreation Commission Creation of entry and parking for multi use field complex on Nobadeer Farm Road, phase 3 $300,068 Sub-total $525,629 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Administrative Community Preservation Committee Administrative and operating expenses $93,211 Sub-total $93,211 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Page 25 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions TOTAL $2,439,000 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY 2012 Community Preservation Surcharge $1,738,000 From State matching funds for FY 2011, to be received in 2012 $501,000 From designated reserve fund balance for affordable housing $200,000 Total Revenues $2,439,000 For fiscal year 2012 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 the following sums be appropriated or reserved for later appropriation from the Community Preservation Fund Fiscal Year 2012 revenues or other available funds as indicated herein, for the administrative and operating expenses of the Community Preservation Committee, the undertaking of community preservation projects and all other necessary and proper expenses, for Fiscal Year 2012 community preservation purposes 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: Purpose Amount Historic Preservation Town of Nantucket, Cemetery Commission Workgroup Historic Newtown Cemetery Preservation $40,000 Siasconset Union Chapel Restoration of the Exterior and Interior, Phase 1 $175,000 Nantucket Atheneum Preservation through digitization of all copies of the Page 26 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Inquirer & Mirror newspaper from 1821 to present $130,000 Nantucket Historical Association Preservation of the interior and exterior Fire Hose-Cart house $20,260 Nantucket Dreamland Foundation Reuse and repurposing of historical elements $255,000 Sub-total $620,260 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Community Housing Housing Nantucket Scattered site house recycling program $150,000 Interfaith Council Housing and rental assistance program $100,000 Habitat for Humanity Nantucket Inc. Construct new Habitat for Humanity house $200,000 Housing Assistance Corporation Planning, design and permitting of 50 unit development including infrastructure and the construction of 19 homes, Phase 1 $750,000 Sub-total $1,200,000 $200,000 of the funds utilized for this category are from the designated reserve balance for affordable housing with the balance from the Community Preservation surcharge and the State matching funds. Open Space Conservation /Recreation Town of Nantucket Public Access to open space and acquisition fund for properties, Phase 3 $150,000 Nantucket Land Council Restoration of water quality in Head of Hummock Pond for years 1 & 2 $75,561 Nantucket Park and Recreation Commission Creation of entry and parking for multi use field complex on Nobadeer Farm Road, phase 3 $300,068 Sub-total $525,629 All funds to be used in this category are from the Community Preservation Page 27 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions surcharge and the State matching funds. Administrative Community Preservation Committee Administrative and operating expenses $93,211 Sub-total $93,211 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. TOTAL $2,439,000 $2,439,100 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY 2012 Community Preservation Surcharge $1,738,000 $1,738,100 From State matching funds for FY 2011, to be received in 2012 $501,000 From designated reserve fund balance for affordable housing $200,000 Total Revenues $2,439,000 $2,439,100 Provided, however, that the above expenditures are conditional upon the recording of appropriate historic preservation restrictions for historic resources; open space restrictions for open space resources; recreation 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 c. 184 of the General Laws pursuant to s. 12 of the Community Preservation Act. ARTICLE 29 (Fiscal Year 2012 Budget Transfers: Community Preservation Committee) To see what sums the Town will vote to transfer to the Community Preservation Committee reserved and unreserved fund balances to turn back the unspent remainder of projects approved in prior fiscal years so that it is available for future appropriations. Page 28 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FROM TO AMOUNT Article 22 ATM 2007 Town of Nantucket Fiscal Year 2012 Community Preservation Committee Affordable housing reserved fund balance $ 75,000 Article 24 ATM 2009 Town of Nantucket Fiscal Year 2012 Community Preservation Committee Affordable housing reserved fund balance $10,188.97 Total transfers to Affordable Housing Reserved fund balance $85,188.97 (Board of Selectmen for Community Preservation Committee) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from the various accounts as follows: FROM TO AMOUNT Article 22 ATM 2007 Town of Nantucket – 2 Fairgrounds Road Appropriation Fiscal Year 2012 Community Preservation Committee Affordable housing reserved fund balance $ 75,000 Article 24 ATM 2009 Town of Nantucket – Housing Planner Year 2 Appropriation Fiscal Year 2012 Community Preservation Committee Affordable housing reserved fund balance $10,188.97 Total transfers to Affordable Housing Reserved fund balance $85,188.97 ARTICLE 30 (Appropriation: Community Preservation Committee) To see if the Town will vote to act on the second report of the Community Preservation Committee on the Fiscal Year 2012 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund designated reserve balance for affordable housing for the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year. Purpose Amount Community Housing Affordable Housing Trust Fund To pay salaries in arrears for FY2009 and FY2010 $ 6,553.84 Affordable Housing Trust Fund For the Surfside Road project but not for salaries $78,635.13 All of the funds utilized for this category are from the designated reserve balance for Affordable Housing. Page 29 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Provided however, that the above expenditures are conditional on the recording of appropriate 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 section 12 of the Community Preservation Act of the Massachusetts General Laws. (Board of Selectmen for Community Preservation Committee) FINANCE COMMITTEE MOTION: Moved that the following sums be appropriated or reserved for later appropriation from the Community Preservation Fund Fiscal Year 2012 revenues or other available funds as indicated herein, for the administrative and operating expenses of the Community Preservation Committee, the undertaking of community preservation projects and all other necessary and proper expenses, for Fiscal Year 2012 community preservation purposes 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: Purpose Amount Community Housing Affordable Housing Trust Fund To pay salaries in arrears for FY2009 and FY2010 $ 6,553.84 Affordable Housing Trust Fund For the Surfside Road project but not for salaries $78,635.13 Provided however, that the above expenditures are conditional on the recording of appropriate 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 section 12 of the Community Preservation Act of the Massachusetts General Laws. ARTICLE 31 (Home Rule Petition: Expansion of Room Occupancy Tax to Seasonal Vacation Rentals) To see if the Town will vote to petition the General Court for enactment of a Home Rule special act and to request the Town’s representatives to the General Court to introduce a Special Act as 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, and to take any other action related thereto: AN ACT APPROVING THE APPLICATION BY THE TOWN OF NANTUCKET OF THE LOCAL OPTION ROOM OCCUPANCY EXCISE TO SEASONAL RENTAL PROPERTIES IN THE TOWN OF NANTUCKET Page 30 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Section 1. Notwithstanding the provisions of any general or special law to the contrary, in addition to the authority to impose a local excise tax upon any transfer of occupancy of any room or rooms as may be set forth in and authorized by Chapter 64G section 3A of the Massachusetts General Laws or other law, as the same may be amended from time to time, the town of Nantucket shall, commencing on the first day of the fiscal year that begins after the effective date of this Act, be authorized to impose a local excise tax upon the transfer of occupancy of any room in a seasonal rental property or other transient accommodations located within said town by any operator at the rate of up to but not exceeding six (6) percent of the total amount of rent of each such occupancy. Section 2. For the purposes of this chapter, all terms used herein shall, unless the context requires otherwise, have the same meanings as set forth in Chapter 64G section 1 of the Massachusetts General Laws and as follows: “Occupancy”, the use or possession, or the right to the use or possession, of any room or rooms in a bed and breakfast establishment, bed and breakfast home, hotel, lodging house, motel, seasonal rental property or other transient accommodation designed and normally used for sleeping and living purposes, or the right to the use or possession of the furnishings or the services and accommodations, including breakfast in a bed and breakfast establishment or bed and breakfast home, accompanying the use and possession of such room or rooms, for a period of ninety consecutive calendar days or less, regardless of whether such use and possession is as a lessee, tenant, guest or licensee. “Seasonal rental property or other transient accommodations” shall mean any bed and breakfast home, as defined by Chapter 64G section 1 of the Massachusetts General Laws and any residential or commercial dwelling, dwelling unit or part thereof, unit of a condominium as defined by Chapter 183A of the Massachusetts General Laws or time-share as defined by Chapter 183B of the Massachusetts General Laws, used for the lodging of guests or invitees in exchange for rent. Section 3. No excise shall be imposed upon for the transfer of occupancy of any room in a seasonal rental property or other transient accommodations if the total amount of rent is less than fifteen dollars per day or its equivalent or if the accommodation, other than a bed and breakfast home, is exempt under the provisions of Chapter 64G section 2 of the Massachusetts General Laws. Section 4. All operators of seasonal rental property or other transient accommodations shall be responsible for assessing, collecting reporting and paying such local excise tax as set forth in Chapter 64G sections 3, 4, 5, 6 and 7A of the Massachusetts General Laws and shall be liable in the same manners as operators in Chapter 64G section 7B of the Massachusetts General Laws. Section 5. This act shall take effect upon its passage. (Board of Selectmen) Page 31 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: AN ACT APPROVING THE APPLICATION BY THE TOWN OF NANTUCKET OF THE LOCAL OPTION ROOM OCCUPANCY EXCISE TO SEASONAL RENTAL PROPERTIES IN THE TOWN OF NANTUCKET Section 1. Notwithstanding the provisions of any general or special law to the contrary, in addition to the authority to impose a local excise tax upon any transfer of occupancy of any room or rooms as may be set forth in and authorized by Chapter 64G section 3A of the Massachusetts General Laws or other law, as the same may be amended from time to time, the town of Nantucket shall, commencing on the first day of the fiscal year that begins after the effective date of this Act, be authorized to impose a local excise tax upon the transfer of occupancy of any room in a seasonal rental property or other transient accommodations located within said town by any operator at the rate of up to but not exceeding six (6) percent of the total amount of rent of each such occupancy. Section 2. For the purposes of this chapter, all terms used herein shall, unless the context requires otherwise, have the same meanings as set forth in Chapter 64G section 1 of the Massachusetts General Laws and as follows: “Occupancy”, the use or possession, or the right to the use or possession, of any room or rooms in a bed and breakfast establishment, bed and breakfast home, hotel, lodging house, motel, seasonal rental property or other transient accommodation designed and normally used for sleeping and living purposes, or the right to the use or possession of the furnishings or the services and accommodations, including breakfast in a bed and breakfast establishment or bed and breakfast home, accompanying the use and possession of such room or rooms, for a period of sixty consecutive calendar days or less, regardless of whether such use and possession is as a lessee, tenant, guest or licensee. “Seasonal rental property or other transient accommodations” shall mean any bed and breakfast home, as defined by Chapter 64G section 1 of the Massachusetts General Laws and any residential or commercial dwelling, dwelling unit or part thereof, unit of a condominium as defined by Chapter 183A of the Massachusetts General Laws or time-share as defined by Chapter 183B of the Massachusetts General Laws, used for the lodging of guests or invitees in exchange for rent. Section 3. No excise shall be imposed upon the transfer of occupancy of any room in a seasonal rental property or other transient accommodations if the total amount of rent is less than fifteen dollars per day or its equivalent or if the accommodation is exempt under the provisions of Chapter 64G section 2 of the Massachusetts General Laws. Page 32 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Section 4. All operators of seasonal rental property or other transient accommodations shall be responsible for assessing, collecting reporting and paying such local excise tax as set forth in Chapter 64G sections 3, 4, 5, 6 and 7A of the Massachusetts General Laws and shall be liable in the same manners as operators in Chapter 64G section 7B of the Massachusetts General Laws. Section 5. This act shall take effect upon its passage. ARTICLE 32 (Appropriation: Septic System Repair Financing Program) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow from the Massachusetts Water Pollution Abatement Trust or otherwise pursuant to any applicable statute, a sum of money for the purpose of financing the following water pollution facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with the Board of Health and residential property owners, including without limitation any costs thereof as defined in Chapter 29C section 1 of the Massachusetts General Laws. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Two Million Dollars ($2,000,000) is appropriated for the purpose of financing the following water pollution abatement facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with the Board of Health and residential property owners, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow Two Million Dollars ($2,000,000) and issue bonds or notes therefor under M.G.L. c.111, s.127B 1⁄2 and/or Chapter 29C of the General Laws; that project and financing costs shall be repaid by the property owners, in accordance with those agreements, but such bonds or notes shall be general obligations of the Town; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; and that the Board of Selectmen, or other appropriate local body or official is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the projects and to take any other action necessary to carry out the projects. Page 33 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 33 (Appropriation: Sewer Capital Debt Repayment) To see if the town will vote to appropriate a sum of money from the tax levy or other general revenues of the town to pay to the Sewer Enterprise Fund to cover the complete debt service payments applicable to loans from the State Revolving Fund for the construction of the Surfside and Siasconset Wastewater Treatment facilities, and further to see if the town will vote to meet this appropriation by raising and appropriating or transferring from available funds such sum of money, subject however, to a favorable vote of the town for a debt exclusion ballot question to exempt this amount from the limits upon taxes pursuant to Proposition 2 1/2 so-called (G. L. Ch. 59, s. 21C(k)), or take any other action related thereto. (Timothy M. Soverino, et al) FINANCE COMMITTEE MOTION: Moved that, commencing in the Fiscal Year beginning on July 1, 2012, at least 34 percent of the debt service required to pay for the bonds issued in order to design and construct the Surfside and Siasconset wastewater treatment plants as authorized pursuant to the vote taken under Article 17 of the 2006 Special Town Meeting, Article 4 of the April 12, 2005 Special Town Meeting; Article 14 of the April 14, 1997 Annual Town Meeting; Article 13 of the April 13, 1998 Annual Town Meeting; Article 1 of the January 8, 2001 Special Town Meeting; Article 13 of the April 9, 2001 Annual Town Meeting; and Article 15 of the April 8, 2002 Annual Town Meeting, be paid from the Sewer Enterprise Fund and that the balance of payments towards principal and interest (up to 66 percent) shall be covered by taxation and other general receipts of the Town, such reduction in the contribution from the Sewer Enterprise Fund being contingent upon the passage by ballot of a referendum question exempting this portion of the debt from the limitations on taxation imposed by proposition two and one half so called (G. L. c. 59, s. 21C); it being the intention of the Town that the debt service payments for the Surfside and Siasconset wastewater treatment plants be paid, to the maximum extent possible, from the Sewer Enterprise Fund and that such payments be raised through betterments and other assessments imposed by the Nantucket Sewer Commission on the users of the sewer system as authorized pursuant to Chapter 396 of the Acts of 2008. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 34 (Appropriation: Retroactive Military Payment) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer the Contractual Obligations line item of the FY2011 operating budget voted pursuant to Article 8 of the 2010 Annual Town Meeting, or from any other available funds, to fund the Act Relative to William J. Higgins, an Employee of the Town of Nantucket, for the 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 Page 34 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions during the same period, as signed into law by the Governor of Massachusetts on July 29, 2010; or to take any other action related thereto. (Michael Wilson, et al) FINANCE COMMITTEE MOTION: Moved that Twenty-nine Thousand Five Hundred Thirty Nine Dollars and Forty-one Cents ($29,539.41) be transferred from Free Cash in the Treasury of the Town for the purpose to fund the “Act Relative to William J. Higgins, an Employee of the Town of Nantucket”, for the 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 period, as signed into law by the Governor of Massachusetts on July 29, 2010. ARTICLE 35 (Appropriation: Construction and Roadway Taking Costs for Surfside Area Roads) To see if the Town of Nantucket will vote to amend the appropriation voted in Article 10 of the 2004 Annual Town Meeting Warrant as follows: to delete loans to be repaid by betterments as the source of funds for the appropriation and to substitute loans to be repaid from tax levy and other general revenues of the town, and further to see if the town will vote to amend the purposes of the appropriation voted in Article 10 of the 2004 Annual Town meeting so that the purpose of such appropriation shall be engineering, drainage, and construction including the development of plans, engineering services, title searches, damage awards, and administrative and construction costs, associated with the town's undertaking the statutory process for the laying out of roads, including funding the acquisition by purchase, gift, or take or acquire by eminent domain a fee title or lesser title interest (easement), pursuant to Chapters 79 and 82 of Mass. General Laws, of all or any portions of parcels of land related to certain private ways shown on Planning Board File No. 2244, dated October 26, 1981, shown as "Plan and Profile of Boulevard", "Plan and Profile of Lovers Lane", "Plan and Profile of Okorwaw Avenue""Plan and Profile of Surfview Drive" (currently known as Monohansett Road), prepared by John J. Shugrue, Inc., dated August 31, 1981, on file at the Nantucket Planning Board, 2 Fairgrounds Road, Nantucket, MA, as follows: Boulevarde - From its northwesterly intersection with Surfside Road to its southeasterly intersection with Lovers Lane; Lovers Lane - From its intersection with the Boulevarde running northerly to the intersection with Okorwaw Avenue; Okorwaw Avenue - From its intersection with Lovers Lane to its intersection with Monohansett Road; and Monohansett Road -From its intersection with Okorwaw Avenue to its intersection with Airport Road (FKA Macys Lane); Or take any other action thereto. (Christopher Magee, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Page 35 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The appropriation authorized at the 2004 Annual Town Meeting does not require a transfer to reappropriate for a Proposition 2½ debt exclusion override; however, a ballot vote is required in order to secure financing for this project. ARTICLE 36 (Appropriation and Authorization for Road Layouts and Takings) To see if the Town of Nantucket will vote to layout all or any portions of certain private ways, streets and roads as public ways of the Town of Nantucket, that are shown on Planning Board File No. 2244, dated October 26, 1981, shown on "Plan and Profile of Boulevard", "Plan and Profile of Lovers Lane", "Plan and Profile of Okorwaw Avenue", "Plan and Profile of Surfview Drive" (now known as Monohansett Road), prepared by John J. Shugrue, Inc., dated August 31, 1981, on file at the Nantucket Planning Board, 2 Fairgrounds Road, Nantucket, MA, as follows: Boulevarde - From its northwesterly intersection with Surfside Road to its southeasterly intersection with Lovers Lane; Lovers Lane - From its intersection with the Boulevarde running northerly to the intersection with Okorwaw Avenue; Okorwaw Avenue - From its intersection with Lovers Lane to its intersection with Monohansett Road; and Monohansett Road -From its intersection with Okorwaw Avenue to its intersection with Airport Road (FKA Macys Lane); And further to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain a fee title or lesser title interest (easement), pursuant to Chapters 79 and 82 of Mass. General Laws, of all or any portions of the land shown on as shown on said Layout Plans. And further 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 be spent by the Town Manager to carry out the foregoing, or to take any other action related thereto. (Christopher Magee, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 37 (Layout of Miller Lane) To see if the Town of Nantucket will vote to authorize the Board of Selectmen to layout and accept, pursuant to Chapter 82 of Mass. General Laws, an extension of a public way known as Miller Lane approximately 458 feet westerly of its current terminus as shown as Lot B-1 on the plan entitled "Review Plan to Show Proposed Redivision of Lot B/Miller Ln." prepared by Blackwell & Associates, Inc. dated September 25, 2008, subject to the following conditions as voted unanimously by the Planning Board at its December 11, 2008 meeting: Page 36 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 1. That the traveled surface of the proposed roadway be located to the greatest extent possible along the north side of the roadway layout; 2. That the traveled surface of the proposed roadway shall be constructed of Stabilized Gravel in accordance with the Planning Board requirements specified in the Rules and Regulations Governing the Subdivision of Land. 3. That the Petitioner and the Town establish an agreement which stipulates that the Petitioner will pay for utility and roadway installation and inspection; 4. That the Petitioner shall restrict the following lots to no further division:  Tax Assessor’s Map 68, Parcel 124, Land Court Plan 16514-G, Lot 46  Tax Assessor’s Map 68, Parcel 125, Land Court Plan 16514-G, Lot 45  Tax Assessor’s Map 28, Parcel 126, Land Court Plan 16514-G, Lot 44 The above referenced lots shall be permitted minor adjustments to lot shapes or configurations so long as the total number of buildable lots is not increased. Or take any other action related thereto. (Joan Bunting, et al) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING. ARTICLE 38 (Appropriation: Plan and Construction of Tom Nevers Bike Lane) To see if the Town will vote to raise and appropriate funds or borrow the funds, pursuant to any applicable statutes, a sum of money for the Town Manager to expend for a professional engineering feasibility evaluation to design and implement a Bike Lane (on the east side) of Tom Nevers Road from the Milestone Bike Path to Tom Nevers fields (the old Navy Base) and to take any action pursuant to this end. (Pamela Bartlett, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: While this is a worthwhile project, it has yet to go through the Town’s established capital project review process. ARTICLE 39 (Appropriation: Mosquito Control) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from available funds the sum of $100,000 to be spent by the Town Manager for the purpose of developing an island wide, comprehensive mosquito control program for Fiscal Year 2013, or to take any other action related thereto. (Charles E. Stott, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Page 37 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Committee recommends that the issue of mosquito control be referred to the Board of Health. Funding for a plan is simply not available in the current budget. ARTICLE 40 (Appropriation: Municipal Grant Writer) To see if the Town will vote to: Establish the position of Municipal Grant Writer who would be responsible for securing funds to enhance municipal programs and services, and for seeking additional operating monies to fund expenses associated with those municipal programs and services. Position will be responsible for research, development, networking and tracking the progress of each grant, sponsorship, and/or funds from beginning to end. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: While this may be a worthwhile investment of Town resources, not enough research or analysis has been conducted in order to make such a determination. ARTICLE 41 (Legal Costs Reimbursement) To see if the Town will vote to: To recoup monies expended in the legal defense of the Town and/or County of Nantucket against suits brought by third parties when Judgement is in favor of the Town and/or County of Nantucket, by requesting the County Commissioners, the Board of Selectmen and Town and County Administration to instruct Town Counsel to require a reimbursement-for-costs clause to be inserted into the legal filings answering all future legal suits brought against the Town and/or County of Nantucket. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The reimbursement of the expenses described in the Article is generally already a component of the Town’s response to or initiation of lawsuits, where appropriate. Page 38 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 42 (Proprietors of the Common and Undivided Land of the Islands of Nantucket/Trust of Henry Coffin: Trustees) To see if the Town will vote to authorize and instruct the Selectmen to call a meeting of the Proprietors of the Common and Undivided Land of the Islands of Nantucket at the earliest practicable moment for the purposes of: First, to elect Carl K. Borchert as a Trustee under the Trust of Henry Coffin for the property gifted to the Inhabitants of the Town of Nantucket, to replace Trustee Carl F. Borchert, late of Nantucket. Second, to act on and transact all other business that may legally come before said meeting pursuant to a duly noticed warrant. Further, to authorize the Town Manager to attend this meeting with full power by proxy to vote the shares owned by the Inhabitants of the Town in favor of the election of Carl K. Borchert, and to vote the shares with respect to the transaction of any other business. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 43 (Nantucket Memorial Airport Revenue) To see whether the Town will vote to undertake to make such applications, requests for releases of property of the Nantucket Memorial Airport, or other requests to the Federal Aviation Administration and the Aeronautics Division of the Massachusetts Department of Transportation or to take such other actions as may be necessary or appropriate to permit non-aviation revenue currently received by the Nantucket Memorial Airport to be used by the Town for non-airport purposes. (Clifford Williams, et al) FINANCE COMMITTEE MOTION: Moved to defer action on the Article. FINANCE COMMITTEE COMMENT: We encourage the Board of Selectmen and Finance Committee to examine other sources of revenue sharing involving the Airport. ARTICLE 44 (Real Estate: Expansion of Purpose on Landfill Site) To see if the Town will vote pursuant to Chapter 40 section 15A of the Massachusetts General Laws to transfer the following land, from the care, custody, management and control of the Board of Selectmen acting as the Board of Public Works (pursuant to Chapter 169 of the Acts of 1965 as amended by Chapter 459 by the Acts of 1987) for the purposes of a dump, sanitary landfill, and borrow pit to the Board of Public Works for the same purposes and the development of wind energy thereon: Page 39 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 39 14 188 Madaket Road 58 1 Massasoit Bridge Road 58 38 Madaket Road And subject to the provisions of Chapter 30B of the Massachusetts General Laws. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 44” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that pursuant to Chapter 40 section 15A of the Massachusetts General Laws the following land is transferred, from the care, custody, management and control of the Board of Selectmen acting as the Board of Public Works (pursuant to Chapter 169 of the Acts of 1965 as amended by Chapter 459 by the Acts of 1987) for the purposes of a dump, sanitary landfill, and borrow pit to the Board of Public Works for the same purposes and the development of wind energy thereon: Map Lot Number Street 39 14 188 Madaket Road 58 1 Massasoit Bridge Road 58 38 Madaket Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 44” dated January 2011. ARTICLE 45 (Appropriation: Construction of Wind Turbine(s) on Landfill Site) 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 be expended by the Town Manager with the approval of the Board of Selectmen, for professional services in connection with the design, permitting, construction, engineering, construction supervision and other related professional services for the construction of up to three (3) wind turbines on the following Town property: Map Lot Number Street 39 14 188 Madaket Road 58 1 Massasoit Bridge Road 58 38 Madaket Road Or to take any other action related thereto. Page 40 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: This project requires additional study and review. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion and recognizes that although much effort has already gone into this project, it is still a work in progress with additional studies, anlaysis and community input needed before bringing it to Town Meeting. ARTICLE 46 (Zoning Bylaw Amendment: Wind Energy Overlay District) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To amend section 12 as follows: § 139-12. Overlay Districts Flood Hazard FHD, Public Well Recharge PWR, Multifamily (MF), Neighborhood Employee Housing (NEHOD), Country Overlay District (COD) and Town Overlay District (TOD), Harbor Overlay District (HOD)., Multi-Family Overlay District (MFOD), and Village Height Overlay District (VHOD), and Wind Energy Overlay District (WEOD). L. Wind Energy Overlay District (WEOD). Notwithstanding the provisions of § 139-7, wind energy facilities may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. A. This section applies to new land based wind energy facilities and to physical modifications to existing land based facilities that materially alter the type, configuration, or size of such facilities or related equipment. B. General Requirements: a. Minor site plan review by the Planning Board for wind energy facilities only. No site plan review is required for meteorological towers. In addition to the minor site plan review requirements of this chapter, the following information shall also be included on the site plans: i. Outline of all existing structures, including purpose (e.g. residence, garage, commercial, etc.) for all structures located on the site and on lots within 500 feet of the site. A note indicating the distance from the wind energy facility to each structure shown shall also be included. ii. Any existing overhead utility lines. Page 41 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions iii. Documentation of the wind energy facility’s manufacturer and model, rotor diameter, tower height, and tower type (freestanding or guyed). iv. The name, address, and contact information of all applicants, property owners, and agents representing the applicant and/or owner. b. Certification of height approval from the FAA. c. An Operation and Management Plan for the facility, including maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the wind facility. C. The following setback requirements shall apply: a. Wind energy facilities shall be set back from all property lines 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. b. The Planning Board may, during minor site plan review, waive the above setback requirements based on site specific considerations. D. Wind energy facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant must submit documentation that this effect does not have a significant adverse impact on neighboring or adjacent uses. E. The wind energy facility shall conform with the provisions of the Department of Environmental Protection’s, Division of Air Quality Noise Regulations (310 CMR 7.10). F. The Building Inspector may cause the owner to remove the wind energy facility, including all appurtenances thereto, if the facility fails to generate electricity for one year or more. 2. To amend section 2 as follows, by inserting new definitions in alphabetical order: Wind Energy Facilities - All of the equipment, machinery, and structures together utilized to convert wind to electricity within the Wind Energy Overlay District (WEOD). 3. To amend section 4 as follows: G. The Wind Energy Overlay District (WEOD) includes the following parcels: Map Lot Number Street 39 14 188 Madaket Road 58 1 Massasoit Bridge Road 58 38 Madaket Road 4. To amend section 17B as follows: (7) Municipal wind energy facilities. Or to take any other action related thereto. (Board of Selectmen) Page 42 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To amend section 12 as follows: § 139-12. Overlay Districts Flood Hazard FHD, Public Well Recharge PWR, Multifamily (MF), Neighborhood Employee Housing (NEHOD), Country Overlay District (COD) and Town Overlay District (TOD), Harbor Overlay District (HOD)., Multi-Family Overlay District (MFOD), and Village Height Overlay District (VHOD), and Wind Energy Overlay District (WEOD). L. Wind Energy Overlay District (WEOD). Notwithstanding the provisions of § 139-7, wind energy facilities may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. A. This section applies to new land based wind energy facilities and to physical modifications to existing land based facilities that materially alter the type, configuration, or size of such facilities or related equipment. B. General Requirements: a. Minor site plan review by the Planning Board for wind energy facilities only. No site plan review is required for meteorological towers. In addition to the minor site plan review requirements of this chapter, the following information shall also be included on the site plans: i. Outline of all existing structures, including purpose (e.g. residence, garage, commercial, etc.) for all structures located on the site and on lots within 500 feet of the site. A note indicating the distance from the wind energy facility to each structure shown shall also be included. ii. Any existing overhead utility lines. iii. Documentation of the wind energy facility’s manufacturer and model, rotor diameter, tower height, and tower type (freestanding or guyed). iv. The name, address, and contact information of all applicants, property owners, and agents representing the applicant and/or owner. b. Certification of height approval from the FAA. c. An Operation and Management Plan for the facility, including maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the wind facility. C. The following setback requirements shall apply: a. Wind energy facilities shall be set back from all property lines 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. Page 43 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions b. The Planning Board may, during minor site plan review, waive the above setback requirements based on site specific considerations. D. Wind energy facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant must submit documentation that this effect does not have a significant adverse impact on neighboring or adjacent uses. E. The wind energy facility shall conform with the provisions of the Department of Environmental Protection’s, Division of Air Quality Noise Regulations (310 CMR 7.10). F. The Building Inspector may cause the owner to remove the wind energy facility, including all appurtenances thereto, if the facility fails to generate electricity for one year or more. 2. To amend section 2 as follows, by inserting new definitions in alphabetical order: Wind Energy Facilities - All of the equipment, machinery, and structures together utilized to convert wind to electricity within the Wind Energy Overlay District (WEOD). 3. To amend section 4 as follows: G. The Wind Energy Overlay District (WEOD) is shown on a map entitled “2011 Town Meeting Warrant Article 44, 45, 46 Revised” dated February 2011. 4. To amend section 17B as follows: (7) Municipal wind energy facilities. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 47 (Sewer Map Change and Zoning Map Change: Island Lumber – RC-2 to VN and VR) To see if the Town will vote to take the following actions: 1. To amend the Zoning Map of the Town of Nantucket by placing property at 1 Polpis Road (Assessor Map 54 Parcel 121), currently located in the Residential Commercial 2 (RC-2) district in the following zoning districts: Village Residential (VR): Lot 1 shown on the plan entitled “Land Use Development Study Island Lumber” prepared by Site Design Engineering, LLC dated July 28, 2010, containing 3.01± acres; and Village Neighborhood (VN): Lot 2 shown on the plan entitled “Land Use Development Study Island Lumber” prepared by Site Design Engineering, LLC dated July 28, 2010, containing 5.46± acres. Page 44 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 2. To amend Chapter 41 (Board of Sewer Commissioners), section 41-3A (Town Sewer District) of the Code of the Town of Nantucket by adding property at 1 Polpis Road (Assessor Map 54 Parcel 121) to the Town Sewer District, as shown on a map entitled “2011 Annual Town Meeting Warrant Article 47” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing property at 1 Polpis Road (Assessor Map 54 Parcel 121), currently located in the Residential Commercial 2 (RC-2) district in the following zoning districts: Village Residential (VR): Lot 1 shown on the plan entitled “Land Use Development Study Island Lumber” prepared by Site Design Engineering, LLC dated July 28, 2010, containing 3.01± acres; and Village Neighborhood (VN): Lot 2 shown on the plan entitled “Land Use Development Study Island Lumber” prepared by Site Design Engineering, LLC dated July 28, 2010, containing 5.46± acres. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. FINANCE COMMITTEE MOTION: Moved that the Town take the following actions: 1. To amend Chapter 41 (Board of Sewer Commissioners), section 3A (Town Sewer District) of the Code of the Town of Nantucket as follows: A. Town Sewer District is shown on a map entitled “Nantucket Sewer Districts Town and Siasconset” prepared by the Town of Nantucket GIS Coordinator, dated April 20, 2010, as may be amended from time to time. The above referenced map incorporates the original sewer district map dated March 2004 as approved through Article 56 of the 2004 Annual Town Meeting and all amendments approved through the 2010 Annual Town Meeting. The Town Sewer District, projected to have a summer average daily flow capacity of 2,800,000 mgd, is serviced by the Surfside Wastewater Treatment Facility. an area outlined in blue on a map entitled, "Comprehensive Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT," with a summer average daily flow capacity of 2,800,000 mgd, dated March 2004, or as shown in an additional area outlined in blue on a supplemental map entitled "Article 43, 2007 Annual Town Meeting Additions to the Town Sewer District dated as of March 16, 2007, Nantucket, Massachusetts," which area is to be hereafter included in the Town Sewer District; and as shown in the additional area indicated on a map entitled "Article 38 - 2010 Annual Town Meeting Additions to the Town Sewer District dated as of November 5, 2009, Nantucket, MA"; and as shown in the additional area indicated on a map entitled "Article 40 - 2010 Annual Town Meeting Additions to the Town Sewer District dated as of November 5, 2009, Page 45 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Nantucket, MA," which area is to be hereafter included in the Town Sewer District, except the parcels outlined in magenta on Article 14 Supplemental Map 1 shall not be included in this district (on file in the office of the Board of Selectmen), within which all sewage shall be collected, transported to, treated by and disposed from the Surfside Wastewater Treatment Facility; 2. To amend the map entitled “Nantucket Sewer Districts Town and Siasconset” by adding property at 1 Polpis Road (Assessor Map 54 Parcel 121) to the Town Sewer District, as shown on a map entitled “2011 Annual Town Meeting Warrant Article 47 Map 2 – Sewer Map Change and Zoning Map Change: Island Lumber RC-2 to VN and VR” dated January 2011. ARTICLE 48 (Zoning Map Change: Surfside Road – RC-2 to CN and R-5) 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) and Residential 5 (R-5) district: Map Lot Number Street 67 218 57 Surfside Road 67 219 59 Surfside Road All as shown on a plan entitled “Plan to Accompany Warrant Article 48 ATM 2011”, prepared by Blackwell & Associates, Inc. dated February 1, 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Commercial Neighborhood (CN) and Residential 5 (R-5) district: Map Lot Number Street 67 218 57 Surfside Road 67 219 59 Surfside Road All as shown on a plan entitled “Plan to Accompany Warrant Article 48 ATM 2011”, prepared by Blackwell & Associates, Inc. dated February 1, 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Page 46 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 49 (Zoning Map Change: Miacomet Avenue) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Residential 20 (R-20) district: Map Lot Number Street 81 156 100 Miacomet Avenue 81 157 99 Miacomet Avenue 2. By placing the following properties currently located in the Residential Commercial 2 (RC-2) and the Limited Use General 2 (LUG-2) district in the Residential 20 (R-20) district: Map Lot Number Street 66 122 90 Miacomet Avenue 81 3 102 Miacomet Avenue 81 5 94 Miacomet Avenue 81 4.2 98 Miacomet Avenue 81 158 104 Miacomet Avenue 81 159 100 Miacomet Avenue 3. By placing the following property currently located partially in the Residential Commercial 2 (RC-2) and partially in the Limited Use General 2 (LUG-2) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 66 126 80 Miacomet Avenue All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 49 Miacomet Avenue” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by taking the following actions: 1. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Residential 20 (R-20) district: Map Lot Number Street 81 156 100 Miacomet Avenue 81 157 99 Miacomet Avenue Page 47 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 2. By placing the following properties currently located in the Residential Commercial 2 (RC-2) and the Limited Use General 2 (LUG-2) district in the Residential 20 (R-20) district: Map Lot Number Street 66 122 90 Miacomet Avenue 81 3 102 Miacomet Avenue 81 5 94 Miacomet Avenue 81 4.2 98 Miacomet Avenue 81 158 104 Miacomet Avenue 81 159 100 Miacomet Avenue 3. By placing the following property currently located partially in the Residential Commercial 2 (RC-2) and partially in the Limited Use General 2 (LUG-2) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 66 126 80 Miacomet Avenue All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 49 Miacomet Avenue” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 50 (Zoning Map Change: Fairgrounds and Rugged Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General-2 (LUG- 2) district in the Residential-40 (R-40) district: Map Parcel Number Street 67 493 1 Rugged Road 67 492 64 Fairgrounds Road 67 491 66 Fairgrounds Road 67 490 68 Fairgrounds Road 67 171 70 Fairgrounds Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 50 Fairgrounds and Rugged Road” dated January 2011 on file at the Planning Office. Or, to take any other action as may be related thereto. (Board of Selectmen for Planning Board) Page 48 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Limited Use General-2 (LUG-2) district in the Residential-40 (R-40) district: Map Parcel Number Street 67 493 1 Rugged Road 67 492 64 Fairgrounds Road 67 491 66 Fairgrounds Road 67 490 68 Fairgrounds Road 67 171 70 Fairgrounds Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 50 – Zoning Map Change: Fairgrounds and Rugged Road” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 51 (Zoning Map Change: Surfside – Nobadeer Avenue, Surfside Road, Weweeder Avenue, Atlantic Avenue, and Masaquet Avenue) 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 1 (LUG-1) district: Map Lot Number Street 80 35 9 Nobadeer Avenue 80 36 149 Surfside Road 2. By placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 80 37 4 Nobadeer Avenue 80 38 1 Weweeder Avenue 80 219.2 Atlantic Avenue 80 102 4 Weweeder Avenue 80 102.1 6 Weweeder Avenue All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 51 Surfside” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) Page 49 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended 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 1 (LUG-1) district: Map Lot Number Street 80 35 9 Nobadeer Avenue 80 36 149 Surfside Road 2. By placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 80 37 4 Nobadeer Avenue 80 38 1 Weweeder Avenue 80 219.2 Atlantic Avenue 80 102 4 Weweeder Avenue 80 102.1 6 Weweeder Avenue All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 51 Surfside” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 52 (Zoning Map Change: Hummock Pond) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Limited Use General 2 (LUG-2) district: Map Lot Number Street 66 132 (a portion of) Bartlett Farm Road 2. By placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Village, Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 65 36 167 Hummock Pond Road 65 38 165 Hummock Pond Road 65 13 166 Hummock Pond Road 65 13.1 164 Hummock Pond Road Page 50 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 3. 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 66 28 159 Hummock Pond Road 65 1.1 171R Hummock Pond Road 4. By placing the following properties currently located in the Residential 20 (R-20) district in the Village, Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 65 1 (a portion of) 171 Hummock Pond Road 5. By placing the following properties currently located in the Limited Use General 3 (LUG-3) district in the Village, Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 65 1 (a portion of) 171 Hummock Pond Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 52 Hummock Pond” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by taking the following actions: 1. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Limited Use General 2 (LUG-2) district: Map Lot Number Street 66 132 (a portion of) Bartlett Farm Road 2. By placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Village, Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 65 36 167 Hummock Pond Road 65 38 165 Hummock Pond Road 65 13 166 Hummock Pond Road 65 13.1 164 Hummock Pond Road 3. 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: Page 51 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 66 28 159 Hummock Pond Road 65 1.1 171R Hummock Pond Road 4. By placing the following properties currently located in the Residential 20 (R-20) district in the Village, Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 65 1 (a portion of) 171 Hummock Pond Road 5. By placing the following properties currently located in the Limited Use General 3 (LUG-3) district in the Village, Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 65 1 (a portion of) 171 Hummock Pond Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 52 –Zoning Map Change: Hummock Pond” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 53 (Zoning Map Change: Split Zoning District Correction – Wauwinet/Squam) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing portions of the following properties currently located in the Limited Use General 1 (LUG-1) district in the Residential 1 (R-1) district: (Portion of) Assessor Map 12 Parcel 39 111 Squam Road (Portion of) Assessor Map 12 Parcel 60.1 107 Squam Road Or to take any other action related thereto. (Gregory McKechnie, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing portions of the following properties currently located in the Limited Use General 1 (LUG-1) district in the Residential 1 (R-1) district: (Portion of) Assessor Map 12 Parcel 39 111 Squam Road (Portion of) Assessor Map 12 Parcel 60.1 107 Squam Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 53 – Zoning Map Change: Split Zoning District Correction Wauwinet/Squam” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Page 52 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 54 (Zoning Map Change: Bartlett Road) To see if the Town will vote to: Rezone 39 Bartlett Rd, Parcell 66-16 from R-20 to R10, and to amend the Zoning Map accordingly, or to take any other action related There To. (Robert Walsh, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing an eastern portion of the following property containing approximately 10,500 square feet, currently located in the Residential-20 (R-20) district into the Residential-10 (R-10) district: Map Lot Number Street 66 17 (a portion of) 39 Bartlett Road As shown on the map entitled “2011 Annual Town Meeting Warrant Article 54 Revised” dated February 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 55 (Zoning Map Change: Howard, Gardner, Main Streets) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential-1 (R-1) district in the Residential-Old Historic (ROH) district or take other action relative thereto: Map Parcel Number Street 42.3.3 53 7 Howard Street 42.3.3 54 9 Howard Street 42.3.3 56 8 Gardner Street 42.3.3 55 4 Gardner Street 42.3.3 105 113 Main Street 42.3.3 106 1 Howard Street 42.3.3 107 3 Howard Street 42.3.3 108 5 Howard Street 42.3.3 148 111 Main Street 42.3.3 149 2 Gardner Street 42.3.3 150 109 Main Street 42.3.3 151.1 107A Main Street 42.3.3 151.2 107B Main Street (Marianne Hanley, et al) Page 53 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Residential-1 (R-1) district in the Residential-Old Historic (ROH) district or take other action relative thereto: Map Parcel Number Street 42.3.3 53 7 Howard Street 42.3.3 54 9 Howard Street 42.3.3 56 8 Gardner Street 42.3.3 55 4 Gardner Street 42.3.3 105 113 Main Street 42.3.3 106 1 Howard Street 42.3.3 107 3 Howard Street 42.3.3 108 5 Howard Street 42.3.3 148 111 Main Street 42.3.3 149 2 Gardner Street 42.3.3 150 109 Main Street 42.3.3 151.1 107A Main Street 42.3.3 151.2 107B Main Street All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 55 – Zoning Map Change: Howard, Gardner, and Main Streets” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 56 (Zoning Change: Swift Rock Road – LUG-2 to LUG-1) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 40 34 6 Swift Road Road 40 35 8 Swift Road Road 40 36 10 Swift Road Road 40 37 12 Swift Road Road 40 38 14 Swift Road Road 40 39 16 Swift Road Road 40 67 5 Swift Road Road 40 68 7 Swift Road Road 40 69 9 Swift Road Road 40 70 11 Swift Road Road 40 71 13 Swift Road Road 40 72 15 Swift Road Road Page 54 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “2011 Annual Town Meeting Warrant Article Swift Rock Road – LUG-2 to LUG-1” dated November 2010 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Ronald K. Bamber, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 40 34 6 Swift Rock Road 40 35 8 Swift Rock Road 40 36 10 Swift Rock Road 40 37 12 Swift Rock Road 40 38 14 Swift Rock Road 40 39 16 Swift Rock Road 40 67 5 Swift Rock Road 40 68 7 Swift Rock Road 40 69 9 Swift Rock Road 40 70 11 Swift Rock Road 40 71 13 Swift Rock Road 40 72 15 Swift Rock Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 56 – Zoning Change: Swift Rock Road LUG-2 to LUG-1” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 57 (Zoning Change: First Way, Backus Lane, Allen's Way, Third, Fourth and Fifth Way -- R-10 to R-1) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential-10 (R-10) district into the Residential-1 (R-1) district: Map Lot Number Street 55 625 0 Backus Lane 55 628 17 Backus Lane 55 627 21 Backus Lane 55 626 23, 25 Backus Lane 55 99.1 12 First Way 55 99 14 First Way Page 55 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 67 17 21 Allen’s Way 67 18 21 Allen’s Way 67 125 24 Allen’s Way 67 124 25 Allen’s Way 67 126 26 Allen’s Way 67 267 27 Allen’s Way 67 268 28 Allen’s Way 67 266 29 Allen’s Way 67 269 30 Allen’s Way 67 123 8 Fourth Way 67 269 3 Fifth Way 67 264 4 Fifth Way 67 122 7 Fifth Way 67 265 8 Fifth Way 67 783 10 Fifth Way 67 21, 22, 23 35 Hooper Farm Road 67 128 37 Hooper Farm Road 67 127 39 Hooper Farm Road 67 271 41 Hooper Farm Road 67 270 43 Hooper Farm Road 67 263 45 Hooper Farm Road 67 262 47 Hooper Farm Road All as shown on a map entitled "2011 Annual Town Meeting Warrant Article First Way, Backus Lane, Allen's Way, Third, Fourth and Fifth Way – R-10 to R-1" dated November 23, 2010 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Megan B. Valero, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Residential-10 (R- 10) district into the Residential-1 (R-1) district: Map Lot Number Street 55 625 0 Backus Lane 55 628 17 Backus Lane 55 627 21 Backus Lane 55 626 23, 25 Backus Lane 55 99.1 12 First Way 55 99 14 First Way 67 17 21 Allen’s Way 67 18 21 Allen’s Way 67 125 24 Allen’s Way 67 124 25 Allen’s Way 67 126 26 Allen’s Way Page 56 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 67 267 27 Allen’s Way 67 268 28 Allen’s Way 67 266 29 Allen’s Way 67 269 30 Allen’s Way 67 123 8 Fourth Way 67 269 3 Fifth Way 67 264 4 Fifth Way 67 122 7 Fifth Way 67 265 8 Fifth Way 67 783 10 Fifth Way 67 21, 22, 23 35 Hooper Farm Road 67 128 37 Hooper Farm Road 67 127 39 Hooper Farm Road 67 271 41 Hooper Farm Road 67 270 43 Hooper Farm Road 67 263 45 Hooper Farm Road 67 262 47 Hooper Farm Road All as shown on a map entitled "2011 Annual Town Meeting Warrant Article First Way, Allen's Way, Third, Fourth and Fifth Way – R-10 to R-1 Revised" dated February 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 58 (Zoning Bylaw Amendment: Swimming Pools) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as italicized text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To amend section 2, as follows, with new definitions to be inserted alphabetically: STRUCTURE: Anything constructed or erected, the use of which requires a fixed location on the ground. "Structure" shall be construed, where the context allows, as though followed by the words "or part thereof" and shall include, but not be limited to, buildings, retaining walls which support buildings, platforms, steps, antenna towers, steel storage containers, lighthouses, docks, decks, chimneys, in or above ground swimming pools containing 1,000 gallons or more, tents, and game courts. "Structure" shall not include retaining walls not exceeding four feet in height for landscaping purposes, fences, rubbish bins, and a maximum of two above ground propane tanks not to exceed 120 gallons each. Page 57 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions SWIMMING POOL – COMMERCIAL: A structure designed to be used for recreational purposes, either above or below grade, containing water more than 24 inches in depth and exceeding150 square feet of water surface area, or exceeding 1,000 gallons. This shall not include ornamental ponds, decorative water features including, but not limited to fountains, bird baths, and the like. The swimming pool may be a primary use or accessory use to a club, recreational facility, transient residential facility, yacht/sailing club, or other commercial use as identified in §139-7A. SWIMMING POOL - RESIDENTIAL: A structure designed to be used for recreational purposes, either above or below grade, containing water more than 24 inches in depth and exceeding150 square feet of water surface area, or exceeding 1,000 gallons. This shall not include ornamental ponds, decorative water features including, but not limited to fountains, bird baths, and the like. The swimming pool must be located on the same or contiguous lot as a residential dwelling or constructed for the benefit of a group of residences, such as a multi-family development, subdivision, or in conjunction with a neighborhood association. 2. To amend section 7A, by adding “Swimming Pool” as a use to the Residential and “Other” sections of the Use Chart. All other uses contained in section 139-7A will not be modified, therefore they are not shown in this article. 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 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 Swimming Pool - Residential A N 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 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 Residential Other Page 58 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Swimming Pool - Commercial N N N N N N Recreational facilities SP SP SP SP SP SP Club N N N SP SP SP Town Commercial Districts Use CDT CMI CN CTEC CI RC RC-2 LC Primary dwelling A A A Y N Y Y Y Secondary dwelling Y N N N N Y Y Y Accessory apartment Y Y Y Y N Y Y Y Apartment Y Y Y N N N N 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 Swimming Pool - Residential A A A A N A A A 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 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 Day-care center 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 Swimming Pool - Commercial N SP/A SP/A A N SP/A SP/A SP/A Recreational facilities SP SP SP SP SP SP SP SP Club Y Y Y Y N Y Y Y Residential Other Page 59 Town of Nantucket 2011 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 apartment 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 Swimming Pool - Residential A A A A SP A A 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 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 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 Swimming Pool - Commercial A A A A N A A Recreational facilities SP SP SP SP SP SP SP Club N SP SP SP N SP SP And/Or 3. To allow residential swimming pools by special permit notwithstanding the prohibitions in 7A, provided that certain dimensional standards can be met and subject to specific findings to be made by the special permit granting authority. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Article be referred to the Planning Board for further study. Residential Other Page 60 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD COMMENT: The Planning Board feels that the changes proposed in this article are controversial and deserve a more thorough review. Based on the discussion regarding Article 55 at the 2010 Annual Town Meeting, the Planning Board conducted a survey of the property owners in the ROH and SOH districts. The responses indicate that property owners want significantly more restrictions/prohibitions on swimming pools. The Board feels that a special permit allowance should be developed with input from property owners, installation professionals, and public officials and staff. We propose a work group modeled on the work group that considered fertilizer use in relation to Article 68 at the 2010 Annual Town Meeting. This group would develop appropriate standards and report to the Planning Board for an article at a future Town Meeting. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 59 (Zoning Bylaw Amendment: Parking Structures) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows, or take any other action related thereto: 1. by amending §139-2 by adding the following new definition PARKING STRUCTURE- a building or part thereof which is designed specifically for automobile parking and where there are one or more floors or levels on which parking takes place; does not include a garage accessory to a single family residence. and 2. by amending Chapter 139-11 (Major Commercial Developments) by adding the following new §139-11.L.: L. Limits on parking structures. Parking structures shall be allowed only in the Mid-Island Planned Overlay District (MIPOD) and the Commercial Industrial Zoning District (CI) only by grant of a special permit by the Planning Board. and 3. by amending the Use Chart as follows: by deleting, under “Commercial Industrial” the use “Motor vehicle parking lots or structures” and replacing with “Motor vehicle parking lots” and Page 61 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions by adding the following new use under “Commercial Industrial” “Parking structures” [with designations showing allowed only by special permit only in MIPOD and CI] (Grant Sanders, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. PLANNING BOARD COMMENT: The intent of this Article is in direct conflict with Board of Selectmen and Nantucket Planning and Economic Development Commission goals of developing options for a downtown parking system, including the Wilkes Square redevelopment project. The Board feels that this Article is premature as there are no pending proposals including a parking garage with detailed information for review. Furthermore, the Article forecloses on options that may be worthy of consideration and public discussion. In addition, the proposed bylaw changes are technically flawed and are in conflict with other bylaw sections, zoning district references, and overall bylaw organization and structure. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 60 (Zoning Bylaw Amendment: Lot Area) To see if the Town of Nantucket will amend the Nantucket Zoning Bylaw Chapter 139 by inserting the highlighted text and deleting the text indicated by strikethrough as following: LOT AREA The horizontal area of the lot exclusive of any area in a street or private way open to the public use or land seaward of the mean high tide line of any harbor, sound, ocean or estuary. In addition, for any lot which was in common ownership with any abutting land on November 14, 1990, and is therefore conveyed into separate ownership 90% of the minimum lot area required for the zoning district in which such lot is situated must be exclusive of areas subject to the protection under the Wetlands Protection Act, MGL c. 131, § 40 and the Town of Nantucket Wetlands Bylaw Chapter 136, not including areas defined as subject only to flooding land subject to coastal storm flowage, coastal flooding or inundation or any area defined as a buffer zone under such statute. At the time of endorsement of any plan endorsed under the Subdivision Control Law after November 14, 1990, the Planning Board shall make a permanent and conclusive determination as to each lot’s area pursuant to this definition for the purposes of determining zoning of lots. (Cormac Collier, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Page 62 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Town of Nantucket, section 2, be amended as follows (NOTE: new language is shown as italicized text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): LOT AREA The horizontal area of the lot exclusive of any area in a street or private way open to the public use or land seaward of the mean high tide line of any harbor, sound, ocean or estuary. For any lot created after November 14, 1990, 90% of the minimum lot area required for the zoning district in which such lot is situated must be exclusive of areas subject to the protection under the Wetlands Protection Act, MGL c. 131, § 40, not including areas defined as land subject to coastal storm flowage, coastal flooding or inundation, or any area defined as a buffer zone under such statute. In addition, for any lot created after April 5, 2011, the wetlands defined in the local wetlands Bylaw, Chapter 136 of the Code of the Town of Nantucket, shall also apply, not including areas defined as land subject to coastal storm flowage, coastal flooding or inundation, or any area defined as a buffer zone under such statute. In addition, for any lot which was in common ownership with any abutting land on November 14, 1990, and is thereafter conveyed into separate ownership 90% of the minimum lot area required for the zoning district in which such lot is situated must be exclusive of areas subject to the protection under the Wetlands Protection Act, MGL c. 131, § 40, not including areas defined as subject only to flooding or any area defined as a buffer zone under such statute. At the time of endorsement of any plan endorsed under the Subdivision Control Law Editor's Note: See MGL c. 41, § 81K et seq. after November 14, 1990, the Planning Board shall make a permanent and conclusive determination as to each lot's area pursuant to this definition for the purposes of determining zoning of lots. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 61 (Zoning Bylaw Amendment: Accessory Use - VTEC) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 7A, VTEC, 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): 1. To amend the use chart to allow the following prohibited uses as an accessory use in the VTEC district: Convenience store and Bicycle rental or sale. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 7A, VTEC, be amended as follows (NOTE: new language is Page 63 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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): 1. To amend the use chart to allow the following prohibited uses as an accessory use in the VTEC district: Convenience store and Bicycle rental or sale. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 62 (Zoning Bylaw Amendment: VTEC) To see if the Town will vote to: Amend the zoning by-law 139-7A USE CHART by deleting (SP) –For (Club) under VTEC Under the column of VTEC replace with (N) Explanation: (this article would remove newly created private clubs in areas zoned VTEC VTEC applies to two areas: Madaket Marine property and property located at the end of Appleton Road. Both these sights are surrounded by Residential neighborhoods. This is considered country area, away from town limits. For areas zoned VTEC in the future, existing Clubs will be grandfathered-but new ones will not be allowed to be established.) (Leslie B. Johnson, et al) PLANNING BOARD MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 63 (Zoning Bylaw Amendment: Secondary Lots) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 8D, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): (2)… (e) The minimum area for the original lot, the primary lot and the secondary lot shall be as follows: Page 64 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-1 40,000 15,000 25,000 LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-10 10,000 4,000 6,000 R-20/SR-20 20,000 8,000 12,000 R-1/SR-1 5,000 2,000 3,000 ROH/SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 (f) The primary lot and the secondary lot shall comply with the ground cover, front setback, side setback and rear setback requirements of the underlying zoning district, with the exception that the ground cover ratio solely for a secondary lot in the R-1 Zoning District shall be 36%. The Planning Board may waive the setback requirements only as they apply to the lot line(s) between the primary and secondary lot. (g) The primary lot and the secondary lot each must have a minimum of 20 feet of frontage or an easement of sufficient width and grade to provide access. (h) Neither tThe primary lot nor and the secondary lot shall have a separate vehicular access driveway, but shall share a single access driveway access. 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 Board 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. Page 65 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (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 (CDT); Moorlands Management (MMD); Special Academy Hill (AHD); Special Our Island Home (OIH); and Assisted/Independent Living Community District (ALC). (4) The Planning Board may grant a special permit for the division of a duplex into two attached single family dwellings provided that one of the dwellings is subject to a NHNC covenant. Subsections (e) and (f) above shall not apply and the Planning Board shall establish minimum lot size, ground cover ratio, and setbacks during the special permit review. Ground cover ratios for the primary and secondary lot combined shall not exceed the maximum allowed in the underlying zoning district. (4) (5) § 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. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 8D, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): (2)… (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 Page 66 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-3 120,000 35,000 85,000 R-10 10,000 4,000 6,000 R-20/SR-20 20,000 8,000 12,000 R-1/SR-1 5,000 2,000 3,000 ROH/SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 (f) The primary lot and the secondary lot shall comply with the ground cover, front setback, side setback and rear setback requirements of the underlying zoning district, with the exception that the ground cover ratio solely for a secondary lot in the R-1 Zoning District shall be 36%. The Planning Board may waive the setback requirements only as they apply to the lot line(s) between the primary and secondary lot. (g) The primary lot and the secondary lot each must have a minimum of 20 feet of frontage or an easement of sufficient width and grade to provide access. (h) Neither tThe primary lot nor and the secondary lot shall have a separate vehicular access driveway, but shall share a single access driveway access. 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 Board 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. Page 67 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (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 (CDT); Moorlands Management (MMD); Special Academy Hill (AHD); Special Our Island Home (OIH); and Assisted/Independent Living Community District (ALC). (4) The Planning Board may grant a special permit for the division of a duplex into two attached single family dwellings provided that one of the dwellings is subject to a NHNC covenant. Subsections (e) and (f) above shall not apply and the Planning Board shall establish minimum lot size, ground cover ratio, and setbacks during the special permit review. Ground cover ratios for the primary and secondary lot combined shall not exceed the maximum allowed in the underlying zoning district. (4) (5) § 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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 64 (Zoning Bylaw Amendment: Technical Corrections/Miscellaneous) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To amend section 2 as follows: CONSTRUCTION – The act of constructing. CPI – The index now known as the "Consumer Price Index" for all urban consumers as established by the United States Department of Labor Bureau of Labor Statistics or if discontinued or modified, a comparable index established by said agency or its successor. GARAGE APARTMENT – A dwelling unit located within a detached residential or commercial garage. The dwelling unit shall not exceed 150% of the gross floor area of the garage. A garage apartment may be either a primary or secondary dwelling unit. If located on the same lot as a primary dwelling unit, the following requirements shall be applicable: Page 68 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (a) Both dwelling units shall be in the same ownership unless one of the two dwelling 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 a separate beneficial ownership of the primary dwelling and garage apartment on the lot shall not be deemed to constitute “the same legal and beneficial ownership.” (b) 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. PRIMARY DWELLING – A detached single-family dwelling unit or the portion of a structure that contains a single dwelling unit. A primary dwelling may contain an attached garage. 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. The secondary dwelling may contain an attached garage. The primary and secondary dwelling must be separated by a minimum distance of 10 feet, measured at grade at the closest point between the dwellings; excluding retaining walls, window wells, platforms, decks, and steps, chimneys, bulkheads, bay windows, bow windows, roof eaves and overhangs, air conditioning units, a maximum of two above ground fuel tanks not to exceed 120 gallons each, trash bins, and fences. Relief from the scalar separation requirement may be granted by a special permit issued by the Planning Board subject to a finding that the reduced separation is in harmony with the general purpose and intent of this chapter. A secondary dwelling may only be attached to the primary dwelling by a breezeway as defined in §139-2… SIGN – Includes any structure, device, letter, word, model, banner, pennant, insignia, trade flag or representation used as or which is in the nature of an advertisement, announcement or direction. 2. To amend section 8D(2)(e) as follows: 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 Page 69 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-40 40,000 15,000 25,000 R-10 10,000 4,000 6,000 R-20/SR-20 20,000 8,000 12,000 VR 20,000 8,000 12,000 R-1/SR-1 5,000 2,000 3,000 ROH/SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 R-5 5,000 2,000 3,000 3. To amend section 18A by striking the existing language in its entirety and replacing with the following: A. No land shall be used and no building or structure shall be erected, enlarged or used unless the off-street parking space requirements are met as specified in this § 139-18. (1) For the purpose of this § 139-18, an enlargement of any building or a change in use of a building, which increases the parking requirements beyond what currently exists, shall require the provision of off-street parking for the existing building as if it were newly constructed. (2) Where the computation of required parking space results in a fractional number, only the fraction of .50 or more shall be counted as one. (3) Head-in, ninety-degree parking spaces and forty-five degree parking spaces shall not be less than 9 feet in width and 20 feet in length. The required length for parallel parking spaces shall not be less than 23 feet. For residential parking only, Page 70 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions one required parking space may be reduced to a minimum dimension of 7 feet in width and 17 feet in length. (4) Stacked or tandem parking spaces are allowed for residential uses only, provided that no more than four spaces are so arranged in this manner. Only one tandem parking space or part thereof, per row, shall be allowed within the front yard setback. Tandem spaces shall be subject to § 139-20.1B(2)(h) and shall not extend for greater than two spaces in depth or width as illustrated in Plate 3.1 below. (5) Aisle Width. For lots containing one or more commercial uses, aisle width shall not be less than 24 feet for ninety-degree parking, 15 feet for forty-five-degree parking (angle shall be measured between center line of parking space and center line of aisle), and 12 feet for parallel parking. Aisle width requirements shall not apply to residential uses except for lots containing multi-family or duplex dwelling units, in which case a minimum aisle width of 12 feet shall apply for ninety-degree, forty-five degree, and parallel parking. (6) When one building is used for more than one use, parking requirements shall be computed for each use. (7) Required off-street parking spaces shall be provided on the same lot as the principal or accessory use they are required to serve. 4. To amend section 21E as follows: (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 139-7B of this chapter. The violation shall be corrected within 90 days from the date of notification. If Traveled Way Plate 3.1 - Illustration of Tandem Space Standards **NOT DRAWN TO SCALE** Front Yard Setback Dw elling 24' M aximum Width Property Line Curb 15' M aximum WidthApron Note: Only two tandem parking spaces can be located within the frontyard setback. Page 71 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions the electromagnetic interference cannot be remedied, the WECS shall be removed or relocated. 5. To amend section 29A(3) as follows: The Chairman of the Board of Appeals may designate any associate member to sit on the Board of Appeals in case of absence, inability to act or conflict of interest on the part of any member thereof or, in the event of a vacancy, until said vacancy is filled as provided in this § 139-28A. 139-29A. 6. To amend section 30A as follows: The special permit granting authority shall be the Board of Appeals for all special permits, except those special permits for which the Planning Board is specifically designated by any provision of this chapter as the special permit granting authority. In instances where all or any portion of a project involves an special permit application to the Planning Board for a as special permit granting authority for major residential developments pursuant to § 139-7F8B, for cluster developments pursuant to § 139- 7B8A, for mixed-income residential developments pursuant to § 139-7I, for special permitted developments certain uses in the Wellhead Recharge District pursuant to § 139-12B, for special permitted developments in the Moorlands Management District pursuant to § 139-13, or WECS installations pursuant to § 139-21C, and for multifamily dwellings pursuant to § 139-812J., and for assisted-living facilities pursuant to § 139- 14C and elder housing facilities in the Limited Commercial District, the Planning Board shall serve as the special permit granting authority for all other special permits required in connection with such project 7. To amend section 30D(1) as follows: Applications for special permits, together with any supporting materials, may be referred by the special permit granting authority to any of the following Nantucket boards, commissions, departments, workgroups, and officers for their review, individually or jointly, and comment., forthwith upon receipt of the application by the Board of Appeals: Board of Health Superintendent of Public Works Nantucket Planning and Economic Development Commission Fire Chief Conservation Commission Historic District Commission Traffic Safety Committee Board of Selectmen 8. To amend section 32D(1) as follows: Applications for variances, together with any supporting materials, may be referred by the Board of Appeals to any of the following Nantucket boards, commissions, Page 72 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions departments, workgroups, and officers for their review, individually or jointly, and comment., forthwith upon receipt of the application by the Board of Appeals: Board of Health Superintendent of Public Works Nantucket Planning and Economic Development Commission Fire Chief Conservation Commission Historic District Commission Traffic Safety Committee Board of Selectmen 9. To amend section 33A(3)(a) as follows: Except where the Zoning Enforcement Officer or the permit granting authority determines or finds that a special permit is issued finding that the alteration, reconstruction, extension or structural change to a single- or two-family residential structure does not increase the its nonconforming nature of said structure. 10. To delete section 33E(1) in its entirety and replace existing language in 33E with the following: In addition to the provisions of MGL c. 40A, § 6, as may be amended from time to time, any increase in area, frontage, width, yard or depth requirements shall not prohibit an unimproved lot from being built upon for single- and two-family residential purposes, provided that: either at the time of recording or endorsement of such lot, whichever occurred sooner, such lot was not held in common ownership with any adjoining land and conformed to then-existing Zoning Bylaw requirements, and now has less than the present requirements of area or frontage and has a frontage of not less than 20 feet or the benefit of an appurtenant easement providing a means of access for vehicles and utilities to and from a public street. 11. To amend section 33E(3) as follows: For a lot within the provisions of this § 139-33E, the side yard and rear yard setbacks shall be as required by § 139-16A above, except that for lots held in ownership separate from adjoining land at all times since prior to July 27, 1992 for the following… 12. To delete section 33E(4) in its entirety. 13. To delete sections 33F-K in their entirety. 14. To amend section 34 as follows: A. This chapter may, from time to time, be amended changed by amendment, such amendment initiated by the submission of the change to the Board of Selectmen, by the Board of Selectmen, by the Board of Appeals, by an individual owning land to be Page 73 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions affected by the change, by request of registered voters of the Town pursuant to MGL c. 39, § 10, or by the Planning and Economic Development Commission. and MGL c. 40A, § 5. B. Proposed amendments shall be submitted by the Board of Selectmen to the Planning Board for review, public hearing, report to Town Meeting and ultimate vote by Town Meeting pursuant to MGL c. 40A, § 5. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To amend section 2 as follows: CONSTRUCTION – The act of constructing. CPI – The index now known as the "Consumer Price Index" for all urban consumers as established by the United States Department of Labor Bureau of Labor Statistics or if discontinued or modified, a comparable index established by said agency or its successor. GARAGE APARTMENT – A dwelling unit located within a detached residential or commercial garage. The dwelling unit shall not exceed 150% of the gross floor area of the garage. A garage apartment may be either a primary or secondary dwelling unit. If located on the same lot as a primary dwelling unit, the following requirements shall be applicable: (c) Both dwelling units shall be in the same ownership unless one of the two dwelling 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 a separate beneficial ownership of the primary dwelling and garage apartment on the lot shall not be deemed to constitute “the same legal and beneficial ownership.” (d) 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. Page 74 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions PRIMARY DWELLING – A detached single-family dwelling unit or the portion of a structure that contains a single dwelling unit. A primary dwelling may contain an attached garage. 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. The secondary dwelling may contain an attached garage. The primary and secondary dwelling must be separated by a minimum distance of 10 feet, measured at grade at the closest point between the dwellings; excluding retaining walls, window wells, platforms, decks, and steps, chimneys, bulkheads, bay windows, bow windows, roof eaves and overhangs, air conditioning units, a maximum of two above ground fuel tanks not to exceed 120 gallons each, trash bins, and fences. Relief from the scalar separation requirement may be granted by a special permit issued by the Planning Board subject to a finding that the reduced separation is in harmony with the general purpose and intent of this chapter. A secondary dwelling may only be attached to the primary dwelling by a breezeway as defined in §139-2… SIGN – Includes any structure, device, letter, word, model, banner, pennant, insignia, trade flag or representation used as or which is in the nature of an advertisement, announcement or direction. 2. To amend section 8D(2)(e) as follows: 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-40 40,000 15,000 25,000 R-10 10,000 4,000 6,000 R-20/SR-20 20,000 8,000 12,000 VR 20,000 8,000 12,000 R-1/SR-1 5,000 2,000 3,000 Page 75 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size ROH/SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 R-5 5,000 2,000 3,000 3. To amend section 18A by striking the existing language in its entirety and replacing with the following: A. No land shall be used and no building or structure shall be erected, enlarged or used unless the off-street parking space requirements are met as specified in this § 139-18. (1) For the purpose of this § 139-18, an enlargement of any building or a change in use of a building, which increases the parking requirements beyond what currently exists, shall require the provision of off-street parking for the existing building as if it were newly constructed. (2) Where the computation of required parking space results in a fractional number, only the fraction of .50 or more shall be counted as one. (3) Head-in, ninety-degree parking spaces and forty-five degree parking spaces shall not be less than 9 feet in width and 20 feet in length. The required length for parallel parking spaces shall not be less than 23 feet. For residential parking only, one required parking space may be reduced to a minimum dimension of 7 feet in width and 17 feet in length. (4) Stacked or tandem parking spaces are allowed for residential uses only, provided that no more than four spaces are so arranged in this manner. Only one tandem parking space or part thereof, per row, shall be allowed within the front yard setback. Tandem spaces shall be subject to § 139-20.1B(2)(h) and shall not extend for greater than two spaces in depth or width as illustrated in Plate 3.1 below. Page 76 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (5) Aisle Width. For lots containing one or more commercial uses, aisle width shall not be less than 24 feet for ninety-degree parking, 15 feet for forty-five-degree parking (angle shall be measured between center line of parking space and center line of aisle), and 12 feet for parallel parking. Aisle width requirements shall not apply to residential uses except for lots containing multi-family or duplex dwelling units, in which case a minimum aisle width of 12 feet shall apply for ninety-degree, forty-five degree, and parallel parking. (6) When one building is used for more than one use, parking requirements shall be computed for each use. (7) Required off-street parking spaces shall be provided on the same lot as the principal or accessory use they are required to serve. 4. To amend section 21E as follows: (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 139-7B 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. 5. To amend section 29A(3) as follows: The Chairman of the Board of Appeals may designate any associate member to sit on the Board of Appeals in case of absence, inability to act or conflict of interest on the part of any member thereof or, in the event of a vacancy, until said vacancy is filled as provided in this § 139-28A. 139-29A. Traveled Way Plate 3.1 - Illustration of Tandem Space Standards **NOT DRAWN TO SCALE** Front Yard Setback Dw elling 24' M aximum Width Property Line Curb 15' M aximum WidthApron Note: Only two tandem parking spaces can be located within the frontyard setback. Page 77 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 1. To amend section 30A as follows: The special permit granting authority shall be the Board of Appeals for all special permits, except those special permits for which the Planning Board is specifically designated by any provision of this chapter as the special permit granting authority. In instances where all or any portion of a project involves an special permit application to the Planning Board for a as special permit granting authority for major residential developments pursuant to § 139-7F8B, for cluster developments pursuant to § 139- 7B8A, for mixed-income residential developments pursuant to § 139-7I, for special permitted developments certain uses in the Wellhead Recharge District pursuant to § 139-12B, for special permitted developments in the Moorlands Management District pursuant to § 139-13, or WECS installations pursuant to § 139-21C, and for multifamily dwellings pursuant to § 139-812J., and for assisted-living facilities pursuant to § 139- 14C and elder housing facilities in the Limited Commercial District, the Planning Board shall serve as the special permit granting authority for all other special permits required in connection with such project 7. To amend section 30D(1) as follows: Applications for special permits, together with any supporting materials, may be referred by the special permit granting authority to any of the following Nantucket boards, commissions, departments, workgroups, and officers for their review, individually or jointly, and comment., forthwith upon receipt of the application by the Board of Appeals: Board of Health Superintendent of Public Works Nantucket Planning and Economic Development Commission Fire Chief Conservation Commission Historic District Commission Traffic Safety Committee Board of Selectmen 8. To amend section 32D(1) as follows: Applications for variances, together with any supporting materials, may be referred by the Board of Appeals to any of the following Nantucket boards, commissions, departments, workgroups, and officers for their review, individually or jointly, and comment., forthwith upon receipt of the application by the Board of Appeals: Board of Health Superintendent of Public Works Nantucket Planning and Economic Development Commission Fire Chief Conservation Commission Historic District Commission Traffic Safety Committee Page 78 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Board of Selectmen 9. To amend section 33A(3)(a) as follows: Except where the Zoning Enforcement Officer or the permit granting authority determines or finds that a special permit is issued finding that the alteration, reconstruction, extension or structural change to a single- or two-family residential structure does not increase the its nonconforming nature of said structure. 11. To delete section 33E(1) in its entirety and replace existing language in 33E with the following: In addition to the provisions of MGL c. 40A, § 6, as may be amended from time to time, any increase in area, frontage, width, yard or depth requirements shall not prohibit an unimproved lot from being built upon for single- and two-family residential purposes, provided that: either at the time of recording or endorsement of such lot, whichever occurred sooner, such lot was not held in common ownership with any adjoining land and conformed to then-existing Zoning Bylaw requirements, and now has less than the present requirements of area or frontage and has a frontage of not less than 20 feet or the benefit of an appurtenant easement providing a means of access for vehicles and utilities to and from a public street. 11. To amend section 33E(3) as follows: For a lot within the provisions of this § 139-33E, the side yard and rear yard setbacks shall be as required by § 139-16A above, except that for lots held in ownership separate from adjoining land at all times since prior to July 27, 1992 for the following… 12. To delete section 33E(4) in its entirety. 13. To delete sections 33F-K in their entirety. 14. To amend section 34 as follows: A. This chapter may, from time to time, be amended changed by amendment, such amendment initiated by the submission of the change to the Board of Selectmen, by the Board of Selectmen, by the Board of Appeals, by an individual owning land to be affected by the change, by request of registered voters of the Town pursuant to MGL c. 39, § 10, or by the Planning and Economic Development Commission. and MGL c. 40A, § 5. B. Proposed amendments shall be submitted by the Board of Selectmen to the Planning Board for review, public hearing, report to Town Meeting and ultimate vote by Town Meeting pursuant to MGL c. 40A, § 5. Page 79 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 65 (Bylaw Amendment: Management of Coastal Properties Owned by Town) To see if the Town will vote to amend Chapter 67 of the Code of the Town of Nantucket, "Management of Coastal Properties Owned by Town", by striking the text of the present Chapter 67 in its totality, and by inserting in its place the following new Chapter 67; or take other action relative thereto: Use of Town Real Property for Coastal Protection. The Board of Selectmen is hereby empowered to authorize the use of Town-owned real property by public or private individuals or entities for the construction and placement of coastal engineering structures and erosion control measures to protect public and private property, public ways, utilities and infrastructure from coastal erosion, under such terms and conditions as the Board of Selectmen shall deem appropriate for the protection of the interests of the Town and the public, including the requirement that all necessary licenses, permits and approvals shall be obtained in each instance from all boards, commissions, agencies and other authorities having jurisdiction. (Arthur I. Reade, Jr., et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 66 (Bylaw Amendment: Committees/Capital Program Committee) To see if the Town will vote to amend Chapter 11 (Committees), Article II (Capital Program Committee) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): § 11-6 Establishment; membership. There shall be a Capital Program Committee consisting of seven voting members. A. Four Five voting members will be appointed by the Board of Selectmen with terms beginning and ending with the fiscal year, July 1 through June 30. With the exception of the first appointments, each term will be three years. The first Board of Selectmen appointments will be as follows: Committee members one and two initial appointments will carry a one-year term; Committee member three initial appointment will carry a two- year term; and Committee member four initial appointment will carry a three-year term. After the initial terms, terms will follow the three-year rotation. For any first appointment Page 80 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions made after an amendment to this paragraph A, the Board of Selectmen shall appoint a member to a two or three year term, so as to have no more than two terms expiring in any year. B. A fifth sixth voting member shall be appointed by the Board of Selectmen;, and a sixth seventh voting member shall be appointed b the Finance Committee; the seventh voting member shall be appointed by the Nantucket Planning and Economic Development Commission. Each of the fifth, sixth and seventh members must be members of the appointing Board, Commission or Committee at the time of appointment. Board, Commission or Committee appointments shall be for one fiscal year and coterminous with the Town’s fiscal year or at cessation of the member’s term of appointment, whichever occurs first. C. Members may be reappointed for consecutive appointments terms. § 11-7 Meetings. The Capital Program Committee shall meet at such times and in such places as it shall determine necessary to investigate and evaluate any proposed public-funded capital expenditure as defined in § 11-12.2. Such investigation and evaluation shall be done at public hearings meetings held after due public notice. § 11-8 Compensation. The members of the Capital Program Committee shall not be paid for their services but may incur reasonable expenses in the performance of their duties. § 11-9 Issuance of reports. The Capital Program Committee shall issue a report or reports on each proposed capital expenditure, which report may include the findings of the Capital Program Committee concerning the need for the project, the cost of the proposed project, the ability of the Town of Nantucket to pay for the proposed project and other information deemed by the Capital Program Committee to be relevant. Such reports shall be made to the Board of Selectmen and Finance Committee at least 10 30 days prior to the date of the Town Meeting called to vote on any proposed capital expenditure. § 11-10 Ex officio member. The Finance Director Town Manager of the Town or the Finance Director’s Town Manager's designee shall be an ex officio member of the Capital Program Committee but shall have no vote in the proceedings of the Committee. § 11-12.1 Projected funding. The Town shall spend on capital projects a minimum of 1% of total Town local receipts collected in the prior fiscal year plus 1% of the total real estate and personal property Page 81 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions taxes collected in the prior fiscal year. If local receipts fall below the 1% minimum, the Town may forego the funding requirement. Furthermore, funds designated for capital expenditures not spent or encumbered within the fiscal year will be transferred to the stabilization fund. Or take any other action as related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 11 (Committees), Article II (Capital Program Committee) of the Code of the Town of Nantucket is amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): § 11-6 Establishment; membership. There shall be a Capital Program Committee consisting of seven voting members. C. Members may be reappointed for consecutive appointments terms. § 11-7 Meetings. The Capital Program Committee shall meet at such times and in such places as it shall determine necessary to investigate and evaluate any proposed public-funded capital expenditure as defined in § 11-12.2. Such investigation and evaluation shall be done at public hearings meetings held after due public notice. § 11-8 Compensation. The members of the Capital Program Committee shall not be paid for their services but may incur reasonable expenses in the performance of their duties. § 11-9 Issuance of reports. The Capital Program Committee shall issue a report or reports on each proposed capital expenditure, which report may include the findings of the Capital Program Committee concerning the need for the project, the cost of the proposed project, the ability of the Town of Nantucket to pay for the proposed project and other information deemed by the Capital Program Committee to be relevant. Such reports shall be made to the Board of Selectmen and Finance Committee at least 10 30 days prior to the date of the Town Meeting called to vote on any proposed capital expenditure. § 11-10 Ex officio member. Page 82 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions The Finance Director Town Manager of the Town or the Finance Director’s Town Manager's designee shall be an ex officio member of the Capital Program Committee but shall have no vote in the proceedings of the Committee. § 11-12.1 Projected funding. The Town shall spend on capital projects a minimum of 1% of total Town local receipts collected in the prior fiscal year plus 1% of the total real estate and personal property taxes collected in the prior fiscal year. If local receipts fall below the 1% minimum, the Town may forego the funding requirement. Furthermore, funds designated for capital expenditures not spent or encumbered within the fiscal year will be transferred to the stabilization fund. ARTICLE 67 (Bylaw Amendment: Committees/Finance Committee) To see if the Town will vote to amend Chapter 11 (Committees), Article I (Finance Committee) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): § 11-1. Establishment; membership; vacancies. There shall be a Finance Committee consisting of nine members; all of whom shall be appointed by the Board of Selectmen at its first meeting, or some subsequent meeting, after the Annual Town Meeting in the year 1925, A.D., three for terms of one year, three for terms of two years and three for terms of three years, and, annually after the year 1925 A.D., the Board of Selectmen shall appoint at its first meeting, or some subsequent meeting, after the Annual Town Meeting, three members of such Finance Committee for terms of three years, and no member of the Finance Committee shall be a Town or county officer or other municipal entity or directly interested in the expenditures of the Town’s appropriations. In the event that a current member of the Finance Committee shall obtain a position as a Town or County officer or otherwise obtain a direct interest in the expenditures of the Town’s appropriations, said member shall be deemed to have vacated his or her seat on the Finance Committee. In the event of any question regarding the previous sentence as to whether a member is disqualified from continuing to serve, the Board of Selectmen shall provide said member a hearing and shall determine whether said member is removed from the Finance Committee. The Board of Selectmen shall fill any vacancy which may occur in the Finance Committee for the remainder of the term. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to amend Chapter 11 (Committees), Article I (Finance Committee) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; Page 83 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): § 11-1. Establishment; membership; vacancies. There shall be a Finance Committee consisting of nine members; all of whom shall be appointed by the Board of Selectmen at its first meeting, or some subsequent meeting, after the Annual Town Meeting in the year 1925, A.D., three for terms of one year, three for terms of two years and three for terms of three years, and, annually after the year 1925 A.D., the Board of Selectmen shall appoint at its first meeting, or some subsequent meeting, after the Annual Town Meeting, three members of such Finance Committee for terms of three years, and no member of the Finance Committee shall be an officer or employee of the Town or County officer or any other municipal entity or directly interested in the expenditures of the Town’s appropriations. The Board of Selectmen shall fill any vacancy which may occur in the Finance Committee for the remainder of the term. ARTICLE 68 (Bylaw Amendment: Council for Human Services) To see if the Town will vote to amend Chapter 12 (Council for Human Services) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): §12.1. Establishment; purpose. There is hereby established a Council for Human Services which shall make recommendations to the Board of Selectmen and Town Administration regarding see to the provision of all needed human services in a manner which can best serve the residents of Nantucket, and the coordination of the efforts of existing service organizations and the undertaking of efforts to obtain assistance and financial aid from federal, state and local governments, as well as private state and local governments, as well as private organizations, and the improvement of the provision of these services. §12.2. Membership; terms; vacancies. The Council shall consist of nine seven Nantucket residents who shall be appointed by the Board of Selectmen for three-year terms.; provided, however, that three of the initial appointments shall be for a term of one year, three for a term of two years and three for a term of three years. No member may be appointed to serve for more than two consecutive terms. Two of the initial appointments shall be for a term of one year, two for a term of two years and three for a term of three years. The term of office shall be Page 84 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions based on a year commencing on July 1 of each calendar year. Vacancies occurring in any position during a term shall be filled for the balance of the unexpired term in the same manner as an original appointment. No member of the Council shall be a board member or employee of any organization being considered for or in receipt of Town funds. §12.3. Authorization to establish budget; expenditures; grants. The Council and its Coordinator, if so established by Town Meeting, shall be authorized to establish an annual budget and expend such funds and to apply for, accept and expend federal and state grants for such purposes aforementioned. Or take any other action as related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 12 (Council for Human Services) of the Code of the Town of Nantucket is amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): §12.1. Establishment; purpose. There is hereby established a Council for Human Services which shall make recommendations to the Board of Selectmen and Town Administration regarding see to the provision of all needed human services in a manner which can best serve the residents of Nantucket, and the coordination of the efforts of existing service organizations and the undertaking of efforts to obtain assistance and financial aid from federal, state and local governments, as well as private state and local governments, as well as private organizations, and the improvement of the provision of these services. §12.2. Membership; terms; vacancies. The Council shall consist of nine seven Nantucket residents who shall be appointed by the Board of Selectmen for three-year terms.; provided, however, that three of the initial appointments shall be for a term of one year, three for a term of two years and three for a term of three years. No member may be appointed to serve for more than two consecutive terms. Two of the initial appointments shall be for a term of one year, two for a term of two years and three for a term of three years. The term of office shall be based on a year commencing on July 1 of each calendar year. Vacancies occurring in any position during a term shall be filled for the balance of the unexpired term in the same manner as an original appointment. §12.3. Authorization to establish budget; expenditures; grants. Page 85 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions The Council and its Coordinator, if so established by Town Meeting, shall be authorized to establish an annual budget and expend such funds and to apply for, accept and expend federal and state grants for such purposes aforementioned. ARTICLE 69 (Bylaw Amendment: Council for Human Services) To see if the Town will vote to enact or re-enact Chapter 12 of the Nantucket Code as amended below, in order to establish or re-establish the Council for Human Services, provide staffing for such Council, define the duties of such Council and its staff, and provide for and define the duties of a Contract Review Subcommittee of the Council. CHAPTER 12. COUNCIL FOR HUMAN SERVICES Section 12-1. Establishment; purpose. There is hereby established or re-established a Council for Human Services which shall serve as an advisory body to the Town Manager, the Town Procurement Officer and the Board of Selectmen regarding the see to the provision by or through the Town of such all needed human services as are most necessary for the health and welfare of in a manner which can best serve the residents of Nantucket., the coordination of the efforts of existing service organizations and the undertaking of efforts to obtain assistance and financial aid from federal, state and local governments, as well as private state and local governments, as well as private organizations, and the improvement of the provision of these services. Section 12-2. Membership; terms; vacancies. The Council shall consist of nine Nantucket residents who shall be appointed by the Board of Selectmen for three-year terms; provided, however, that three of the initial appointments shall be for a term of one year, three for a term of two years and three for a term of three years. No member may be appointed to serve for more than two consecutive terms. The term of office shall be based on a year commencing on July 1 of each calendar year. Vacancies occurring in any position during a term shall be filled for the balance of the unexpired term in the same manner as an original appointment. Each Member of the Council serving at the time of the passage of this chapter shall remain in office until the end of his or her term and until a successor member is appointed by the Board of Selectmen. Section 12-3. Authorization to establish budget; expenditures; grants. The Council and its Coordinator, if so established by Town Meeting, shall be authorized to establish an annual budget and expend such funds and to apply for, accept and expend federal and state grants for such purposes aforementioned. Staff. The staff of the Council shall consist of two positions, a Director / Coordinator and an Administrative Assistant. Salaries of staff of the Council as well as supplies and all other costs and expenses of the Council shall be budgeted in the departmental budget of the “Council for Human Services" as that "town administration department" is set forth in Article IV Section 4.4 (b) of the Charter of the Town of Nantucket as that Charter now Page 86 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions exists or as it may hereafter be amended to establish or identify any successor "town administration department." Section 12-4. When effective. The creation establishment or re-establishment of this Council shall take effect upon the passage of this chapter. Section 12-5. Operating Procedures. The Council shall enact rules and procedures necessary for its operation and the carrying out of its duties as set forth in this Chapter. Section 12-6 Duties of Council. The Council shall: A. Consult with and advise the Town Manager or his/her delegate and the Board of Selectmen on matters relating to the provision of necessary human services by or through the Town of Nantucket; B. Conduct studies and make recommendations to the Town Manager or his/her delegate and to the Board of Selectmen on efficient and cost- effective methods for delivery of necessary human services by or through the Town of Nantucket; C. Conduct public hearings as necessary to determine the human services needs of the residents of the Town of Nantucket and advise the Town Manager or his/her delegate and the Board of Selectmen of findings and recommendations based upon such public input; D. Review proposed federal and state legislation and regulations relating to human services for its potential impact on the Town of Nantucket and report and make recommendations to the Town Manager or his/her delegate and the Board of Selectmen on such matters; E. Identify and recommend to the Town Manager or his/her delegate, subject to his/her approval, those necessary human services, in addition to the duties set forth in this Chapter at Section 12.7, which may be most cost effectively provided to the residents of the Town of Nantucket directly by Council staff; F. On an annual basis, not later than September 1 of each year, submit to the Board of Selectmen a "Community Needs Statement" including a written report and recommendations regarding necessary human services that the Town of Nantucket may provide through independent contractors for the next fiscal year. G. For each upcoming fiscal year, receive from the Town Manager his/her targeted budget for contracted human services and make recommendations for needs-based contract expenditures within the targeted budget; H. Appoint three of its members as a Contract Review Subcommittee to support and assist the Town Procurement Officer in the solicitation process for letting Town contracts for Human Services and to report to the Finance Committee on the need and cost effectiveness of any such proposed contracts as further set forth in Section 12.8 of this Chapter; Page 87 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions I. On a quarterly basis review and report on the human services provided by Council staff; J. Monitor, review and report, in consultation with the Town Procurement Officer, on a quarterly basis on the performance of human services contractors; K. Encourage and facilitate voluntary participation of Council members in projects, events, programs and other activities that promote the health and welfare of the residents of the Town of Nantucket. L. Undertake other work as requested by the Board of Selectmen and the Town Manager. Section 12-7 Duties of Council Staff: The duties of Council staff insofar as endorsed and directed by otherwise authorized Town officials shall include the following: A. Provision of administrative support to the Council and its Subcommittee; B. Provision of the following human services directly to Town residents: a. Assistance to Nantucket residents in making applications for fuel assistance; b. Assistance to Nantucket residents in making applications for federal, state and private programs that provide health, welfare and other benefits from public and private agencies when such assistance is not otherwise available from other governmental or private agencies; c. Emergency Assistance to homeless persons; d. Referrals of needy persons to other public and private agencies for assistance available through those agencies; e. Maintenance and updating to the Town website of an inventory of Human Services providers within the region; C. Service as the Town's representative to governmental and private groups concerned with human services issues and provision of reports to the Council concerning the activities of such groups as are designated and approved by Town Manager or other authorized Town Officer; D. Performance of such other duties as designated by the Town Manager or other authorized Town officer or as recommended by the Council and approved by the Town Manager or other authorized Town Officer. Section 12-8 Contract Review Subcommittee -- Appointment. At the beginning of each fiscal year the Council, by majority vote of its members, shall appoint three of its members to serve as the Contract Review Subcommittee of the Nantucket Council for Human Services. Members of the Contract Review Subcommittee shall be in full compliance with the provisions of Massachusetts General Law Chapter 268A. Section 12-9 Contract Review Committee - Duties. The Contract Review Committee shall: A. Consult with and advise the Town Procurement Officer and the Town Manager regarding development of scopes of services, evaluation criteria, Page 88 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions monitoring requirements and other relevant statutory and regulatory requirements for solicitation and issuance of contracts for provision of human services necessary for the benefit of the public health and welfare of residents of the Town as determined by the Board of Selectmen; B. Assist the Town Procurement Officer to evaluate bids and proposals submitted in response to each and every solicitation by the Town for human services contracts; C. Provide an independent written report directly to the Finance Committee for each fiscal year regarding the cost-effectiveness of anticipated proposed expenditures by the Town for the provision of human services including services through independent contractors. (Mary Wawro, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Committee could not recommend this Article as it recommends salaried staff positions that currently cannot be supported. There is currently a director and assistant in the Department of Human Services that we hope will work with the Council for Human Services to properly address the human service needs on the island. ARTICLE 70 (Bylaw Amendment: Community Preservation Committee) To see if the Town will vote to amend Chapter 11, Article VI of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): Section 11-21. Establishment; membership; appointment; term. The Community Preservation Committee is established in accordance with MGL c. 44B, §§ 3 through 7. The Committee shall consist of nine members. The members shall include an appointed designee from each of the following boards, commissions or authorities: one member of the Conservation Commission; one member of the Historic District Commission Historical Commission; one member of the Land Bank; one member of the Planning Board; one member of the Park and Recreation Commission; one member of the Nantucket Housing Authority; one member of the Board of Selectmen. The respective board, commission or authority shall appoint each designee and, whenever necessary, fill unexpired terms. These members shall serve their initial appointments respective of the sequence they are listed above, as follows: three members for three-year terms; two members for two-year terms; and two members for one-year terms; thereafter all appointments shall be for three-year terms. There shall also be two members-at-large from the community. The Board of Selectmen shall appoint these members for one-year terms; thereafter these members shall be Page 89 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions determined each third year through normal Town election and balloting procedures. Whenever necessary, these members-at-large shall be appointed by the Board of Selectmen to fill an unexpired term. Section 11-22. Duties. A. The Community Preservation Committee shall study the needs, possibilities and resources of the Town regarding community preservation. The Committee shall consult with existing municipal boards and agencies, various agencies, organizations and/or individuals, and particularly those existing municipal boards and agencies represented on the Committee, in conducting such studies. As part of its studies, the Committee shall hold one or more public informational hearings annually on the needs, possibilities and resources of the Town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the Town. The Committee shall make recommendations to Town Meeting for the acquisition, creation and preservation of open space; for the acquisition and preservation of historic resources; for the acquisition, creation and preservation of land for recreational use; for the creation, preservation and support of community housing; and for rehabilitation or restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided in this section. With respect to community housing, the Committee shall recommend, whenever possible, the reuse of existing buildings or construction of new building on previously developed sites. Or take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Committee urges the Community Preservation Committee, the Board of Selectmen and Town Counsel to reach a consensus on the membership, appointments and terms and to submit a proposed article for consideration at the next town meeting. ARTICLE 71 (Bylaw Amendment: Adoption of Stretch Code) To see if the Town will vote to adopt the portion of the State of Massachusetts Building Energy Code (780 CMR Appendix 120AA), known as the Stretch Code, by amending the Code of the Town of Nantucket by adding a new section 60 as follows: §60 – Building and Occupancy Permits, Demolition Delay, and Stretch Code. §60-1 Stretch Code Page 90 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions The purpose of the Stretch Code is to provide a more energy efficient alternative to the base energy code applicable to the relevant section of the building code for both new construction and existing buildings. A. The Stretch Code applies to residential and commercial buildings. Buildings not included in this scope shall comply with 780 CMR 13, 34, 61, or 93, as applicable. B. The Stretch Code, as codified by the Board of Building Regulations and Standards as 780 CMR Appendix 120 AA, including any amendments and modifications, is herein incorporated by reference. Or take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: While we support Green Community efforts, the Finance Committee needs additional information on the financial impact on the community. ARTICLE 72 (Bylaw Amendment: Sewer Commissioners, Board of) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners) of the Code of the Town of Nantucket, by adding a new section 4 as follows: § 41-4. The Nantucket Sewer Commission is authorized, without a Town Meeting vote to add to the sewer districts created pursuant to this act and set forth in Sections 41-2 and 41-3 as adopted in the 2010 Annual Town Meeting, those additional properties located within “needs areas” as defined by Nantucket’s Comprehensive Wastewater Management Plan prepared by Earth Tech dated March 2004, approved by the Secretary of Environmental Affairs on May 14, 2004, and further, the Nantucket Sewer Commission is authorized to permit sewer connections outside of the aforesaid sewer districts only for the following: (a) municipal buildings, (b) public restrooms, or (c) affordable housing constructed pursuant to Chapters 40B and 40R of the Massachusetts General Laws. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer Commissioners) of the Code of the Town of Nantucket is amended by adding a new section 4 as follows: Page 91 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions § 41-4. The Nantucket Sewer Commission is authorized, without a Town Meeting vote to add to the sewer districts created pursuant to this act and set forth in Sections 41-2 and 41-3 as adopted in the 2010 Annual Town Meeting, those additional properties located within “needs areas” as defined by Nantucket’s Comprehensive Wastewater Management Plan prepared by Earth Tech dated March 2004, approved by the Secretary of Environmental Affairs on May 14, 2004, and further, the Nantucket Sewer Commission is authorized to permit sewer connections outside of the aforesaid sewer districts only for the following: (a) municipal buildings, (b) public restrooms, or (c) affordable housing constructed pursuant to Chapters 40B and 40R of the Massachusetts General Laws. FINANCE COMMITTEE COMMENT: Town Counsel advises that this Article does not address funding for sewer extensions. Any Town funds to connect additional properties would require a town meeting appropriation. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 73 (Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), section 41-3A (Town Sewer District) of the Code of the Town of Nantucket by adding the following parcels to the Town Sewer District: Map Lot Number Street 43 8 6 Gardner Road 43 9 4 Gardner Road 43 10 2 Gardner Road 43 12.2 67 Polpis Road 43 13 2 Kelley Road 43 14 56 Polpis Road 43 14.1 66 Polpis Road 43 14.2 64 Polpis Road 43 15 61 Polpis Road 43 16 13 Shimmo Pond Road 43 17 14 Shimmo Pond Road 43 18 16 Shimmo Pond Road 43 19 4 Harbor View Drive 43 20 6 Harbor View Drive 43 21 12 Cathcart Road 43 68 22 Cathcart Road 43 69 15 Cathcart Road 43 75 44 Shimmo Pond Road 43 77 46 Shimmo Pond Road Page 92 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 43 79 48 Shimmo Pond Road 43 81 10 North Road 43 82 12 North Road 43 83 14 North Road 43 84 16 North Road 43 85 37 Gardner Road 43 86 31 Gardner Road 43 87 15 Gardner Road 43 88 13 Gardner Road 43 90 8 Shawkemo Road 43 91.1 4 Shawkemo Road 43 91.2 6 Shawkemo Road 43 92 25 Gardner Road 43 93 16 Gardner Road 43 94.2 12 Gardner Road 43 95 15 Shimmo Pond Road 43 96 50 Gardner Road 43 97 21 Shimmo Pond Road 43 98 1 Harbor View Drive 43 99 3 Harbor View Drive 43 100 5 Harbor View Drive 43 101 14 Cathcart Road 43 122 and 123 26 Shimmo Pond Road 43 124 34 Shimmo Pond Road 43 125 38 Shimmo Pond Road 43 126 42 Shimmo Pond Road 43 127 35 Shimmo Pond Road 43 128 4 Middle Valley Road 43 131 11 North Road 43 131.1 9 North Road 43 132 28 Gardner Road 43 133 14 South Valley Road 43 134 17 South Valley Road 43 135 18 Gardner Road 43 136 15 South Valley Road 43 137 11 South Valley Road 43 139 12 South Valley Road 43 140 10 South Valley Road 43 142 7 South Valley Road 43 143 5 South Valley Road 43 144 23 Shimmo Pond Road 43 145 22 Shimmo Pond Road 43 146 11 Cathcart Road 43 155 Shimmo Pond Road 43 156 33 Shimmo Pond Road Page 93 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 43 157 2 Middle Valley Road 43 160 8 Middle Valley Road 43 162 12 Middle Valley Road 43 164 6 South Valley Road 43 164.1 6 South Valley Road 43 165 2 South Valley Road 43 166 3 South Valley Road 43 167 28 Shimmo Pond Road 43 168 30 Shimmo Pond Road 43 169 132 Shimmo Pond Road 43 170 31 Shimmo Pond Road 43 171 21 Gardner Road 43 172 19 Gardner Road 43 173 17 Gardner Road 43 173 21 Gardner Road 43 210 68 Polpis Road 43 300 3 Juniper Hill 43 301 5 Juniper Hill 43 302 7 Juniper Hill 43 303 9 Juniper Hill 43 304 8 Juniper Hill 43 305 6 Juniper Hill 43 306 4 Juniper Hill 43 307 2 Juniper Hill 43 308 8 South Valley Road 43 309 19 Shimmo Pond Road 43 310 10 South Valley Road 54 7 49 Monomoy Road 54 8 4 Cathcart Road 54 9 6 Cathcart Road 54 10.1 8 Cathcart Road 54 10.2 10 Cathcart Road 54 11 9 Cathcart Road 54 11.1 7 Cathcart Road 54 12 36 Brewster Road 54 13 44 Brewster Road 54 14 46 Brewster Road 54 15 12 Shimmo Pond Road 54 16 47 Brewster Road 54 19 45 Polpis Road 54 20 47 Polpis Road 54 21 49 Polpis Road 54 22 51 Polpis Road 54 23 53 Polpis Road 54 24 55 Polpis Road Page 94 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 54 24.1 55R Polpis Road 54 25 57 Polpis Road 54 26 59 Polpis Road 54 27 7 Kelley Road 54 28 4 Kelley Road 54 29 6 Kelley Road 54 30 8 Kelley Road 54 31 10 Kelley Road 54 32 12 Kelley Road 54 81 2 Cathcart Road 54 82 4 Cathcart Road 54 83 5 Cathcart Road 54 84 32 Brewster Road 54 85 33 Brewster Road 54 86 35 Brewster Road 54 87 37 Brewster Road 54 88 39 Brewster Road 54 89 43 Brewster Road 54 90 45 Brewster Road 54 96 13 Kelley Road 54 97 11 Kelley Road 54 98 9 Kelley Road 54 99 14 Kelley Road 54 100 16 Kelley Road 54 101 18 Kelley Road 54 104 28 Kelley Road 54 150 6 Berkeley Avenue 54 158 10 Berkeley Avenue 54 169.2 26 Brewster Road 54 169.3 24 Brewster Road 54 171 28 Brewster Road 54 172 31 Brewster Road 54 173 27 Brewster Road 54 173.1 29B Brewster Road 54 174 25 Brewster Road 54 175 (a portion of) Brewster Road 54 175.1 19 Brewster Road 54 175.2 23 Brewster Road 54 215 4 Berkeley Avenue 54 220.1 5 Boston Avenue 54 220.2 20 Brewster Road 54 221 16 Brewster Road 54 222 17 Brewster Road 54 223 15 Brewster Road 54 224 11 Brewster Road Page 95 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 54 236 14 Brewster Road 54 250 28 Polpis Road 54 251 30 Polpis Road 54 252 32 Polpis Road 54 253 34 Polpis Road 54 254 36 Polpis Road 54 255 2 Shimmo Pond Road 54 256 4 Shimmo Pond Road 54 257 6 Shimmo Pond Road 54 258 8 Shimmo Pond Road 54 259 3 Shimmo Pond Road 54 261 3 Brewster Road 54 264 40 Polpis Road 54 265 40 Polpis Road 54 266 42 Polpis Road 54 267 44 Polpis Road 54 285 2 Sasachumet Lane 54 286 4 Sasachumet Lane 54 287 5 Brewster Road 54 288 34 Brewster Road 54 293 29 Brewster Road 54 294 29 Brewster Road 54 296 21 Brewster Road Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the map entitled “Nantucket Sewer Districts Town and Siasconset” be amended by adding the following parcels to the Town Sewer District: Map Lot Number Street 43 1 1 Pimnys Point 43 8 6 Gardner Road 43 9 4 Gardner Road 43 10 2 Gardner Road 43 12.2 67 Polpis Road 43 13 2 Kelley Road 43 14 56 Polpis Road 43 14.1 66 Polpis Road 43 14.2 64 Polpis Road 43 15 61 Polpis Road 43 16 13 Shimmo Pond Road 43 17 14 Shimmo Pond Road 43 18 16 Shimmo Pond Road 43 19 4 Harbor View Drive Page 96 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 43 20 6 Harbor View Drive 43 21 12 Cathcart Road 43 68 22 Cathcart Road 43 69 15 Cathcart Road 43 75 44 Shimmo Pond Road 43 77 46 Shimmo Pond Road 43 79 48 Shimmo Pond Road 43 81 10 North Road 43 82 12 North Road 43 83 14 North Road 43 84 16 North Road 43 85 37 Gardner Road 43 86 31 Gardner Road 43 87 15 Gardner Road 43 88 13 Gardner Road 43 90 8 Shawkemo Road 43 91.1 4 Shawkemo Road 43 91.2 6 Shawkemo Road 43 92 25 Gardner Road 43 93 16 Gardner Road 43 94.2 12 Gardner Road 43 95 15 Shimmo Pond Road 43 96 50 Gardner Road 43 97 21 Shimmo Pond Road 43 98 1 Harbor View Drive 43 99 3 Harbor View Drive 43 100 5 Harbor View Drive 43 101 14 Cathcart Road 43 122 and 123 26 Shimmo Pond Road 43 124 34 Shimmo Pond Road 43 125 38 Shimmo Pond Road 43 126 42 Shimmo Pond Road 43 127 35 Shimmo Pond Road 43 128 4 Middle Valley Road 43 131 11 North Road 43 131.1 9 North Road 43 132 28 Gardner Road 43 133 14 South Valley Road 43 134 17 South Valley Road 43 135 18 Gardner Road 43 136 15 South Valley Road 43 137 11 South Valley Road 43 139 12 South Valley Road 43 140 10 South Valley Road 43 142 7 South Valley Road Page 97 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 43 143 5 South Valley Road 43 144 23 Shimmo Pond Road 43 145 22 Shimmo Pond Road 43 146 11 Cathcart Road 43 155 Shimmo Pond Road 43 156 33 Shimmo Pond Road 43 157 2 Middle Valley Road 43 160 8 Middle Valley Road 43 162 12 Middle Valley Road 43 164 6 South Valley Road 43 164.1 6 South Valley Road 43 165 2 South Valley Road 43 166 3 South Valley Road 43 167 28 Shimmo Pond Road 43 168 30 Shimmo Pond Road 43 169 132 Shimmo Pond Road 43 170 31 Shimmo Pond Road 43 171 21 Gardner Road 43 172 19 Gardner Road 43 173 17 Gardner Road 43 173 21 Gardner Road 43 210 68 Polpis Road 43 300 3 Juniper Hill 43 301 5 Juniper Hill 43 302 7 Juniper Hill 43 303 9 Juniper Hill 43 304 8 Juniper Hill 43 305 6 Juniper Hill 43 306 4 Juniper Hill 43 307 2 Juniper Hill 43 308 8 South Valley Road 43 309 19 Shimmo Pond Road 43 310 10 South Valley Road 54 7 49 Monomoy Road 54 8 4 Cathcart Road 54 9 6 Cathcart Road 54 10.1 8 Cathcart Road 54 10.2 10 Cathcart Road 54 11 9 Cathcart Road 54 11.1 7 Cathcart Road 54 12 36 Brewster Road 54 13 44 Brewster Road 54 14 46 Brewster Road 54 15 12 Shimmo Pond Road 54 16 47 Brewster Road Page 98 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 54 19 45 Polpis Road 54 20 47 Polpis Road 54 21 49 Polpis Road 54 22 51 Polpis Road 54 23 53 Polpis Road 54 24 55 Polpis Road 54 24.1 55R Polpis Road 54 25 57 Polpis Road 54 26 59 Polpis Road 54 27 7 Kelley Road 54 28 4 Kelley Road 54 29 6 Kelley Road 54 30 8 Kelley Road 54 31 10 Kelley Road 54 32 12 Kelley Road 54 81 2 Cathcart Road 54 82 4 Cathcart Road 54 83 5 Cathcart Road 54 84 32 Brewster Road 54 85 33 Brewster Road 54 86 35 Brewster Road 54 87 37 Brewster Road 54 88 39 Brewster Road 54 89 43 Brewster Road 54 90 45 Brewster Road 54 96 13 Kelley Road 54 97 11 Kelley Road 54 98 9 Kelley Road 54 99 14 Kelley Road 54 100 16 Kelley Road 54 101 18 Kelley Road 54 104 28 Kelley Road 54 150 6 Berkeley Avenue 54 158 10 Berkeley Avenue 54 169.2 26 Brewster Road 54 169.3 24 Brewster Road 54 171 28 Brewster Road 54 172 31 Brewster Road 54 173 27 Brewster Road 54 173.1 29B Brewster Road 54 174 25 Brewster Road 54 175 (a portion of) Brewster Road 54 175.1 19 Brewster Road 54 175.2 23 Brewster Road 54 215 4 Berkeley Avenue Page 99 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 54 220.1 5 Boston Avenue 54 220.2 20 Brewster Road 54 221 16 Brewster Road 54 222 17 Brewster Road 54 223 15 Brewster Road 54 224 11 Brewster Road 54 236 14 Brewster Road 54 250 28 Polpis Road 54 251 30 Polpis Road 54 252 32 Polpis Road 54 253 34 Polpis Road 54 254 36 Polpis Road 54 255 2 Shimmo Pond Road 54 256 4 Shimmo Pond Road 54 257 6 Shimmo Pond Road 54 258 8 Shimmo Pond Road 54 259 3 Shimmo Pond Road 54 261 3 Brewster Road 54 264 40 Polpis Road 54 265 40 Polpis Road 54 266 42 Polpis Road 54 267 44 Polpis Road 54 285 2 Sasachumet Lane 54 286 4 Sasachumet Lane 54 287 5 Brewster Road 54 288 34 Brewster Road 54 293 29 Brewster Road 54 294 29 Brewster Road 54 296 21 Brewster Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 73 Revised” dated February 2011. ARTICLE 74 (Bylaw Amendment: Town Sewer District Map Change) To see if the Town will vote to confirm the positive recommendation of the Nantucket Sewer Commission by including the following parcels within the Town of Nantucket Sewer District: (a) 24 Brewster Road – Tax Map 54, parcel 169.3; 26 Brewster Road – Tax Map 54, parcel 169.2. (COMMENT: these parcels abut a marshy area that flows to the harbor. There are two failing septic systems on one of the lots already. Preventing more nutrient loading by including these two lots in the Sewer District will have a positive effect on the harbor water quality.) (Deborah E. Nicholson, et al) Page 100 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that the map entitled “Nantucket Sewer Districts Town and Siasconset” be amended by adding the following parcels to the Town Sewer District: Map Lot Number Street 54 169.2 26 Brewster Road 54 169.3 24 Brewster Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 74” dated January 2011. FINANCE COMMITTEE COMMENT: The parcels referenced in the Article are contained in Article 73. ARTICLE 75 (Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), Section 41-3A (Town Sewer District) of the code of the Town of Nantucket Sewer District Map by adding the following parcel to the map. Map and Parcel Address 55 108 & 111 50 Cato Lane (Tracy Canty, et al) FINANCE COMMITTEE MOTION: Moved that the map entitled “Nantucket Sewer Districts Town and Siasconset” be amended by adding the following parcels to the Town Sewer District: Map Lot Number Street 55 108 50 Cato Lane 55 111 50 Cato Lane All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 75” dated January 2011. ARTICLE 76 (Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), sections 41-3A (Town Sewer District) of the Code of the Town of Nantucket by adding the following parcels to the Sewer District Map: 56-320, 56-320.1, 56-311, 56-125, 56-122, 56-124, 56-121, 56-116.1, 56-310.2, 56-116, 56-117, 56-310.1, 56-120, 56-118, 56-309, 56-308, and 56—67.3 (69, 71, 77, 78, 79, 80, 81, 82, 83, 84, 86, 87, 89, 91, 95, 97, and 99 Hummock Pond Road respectively). Page 101 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (Martin McGowan, et al) FINANCE COMMITTEE MOTION: Moved that the map entitled “Nantucket Sewer Districts Town and Siasconset” be amended by adding the following parcels to the Town Sewer District: Map Lot Number Street 56 311 77 Hummock Pond Road 56 125 78 Hummock Pond Road 56 122 79 Hummock Pond Road 56 121 81 Hummock Pond Road 56 310.2 83 Hummock Pond Road 56 117 86 Hummock Pond Road 56 310.1 87 Hummock Pond Road 56 120 88 Hummock Pond Road 56 118 91 Hummock Pond Road 56 309 95 Hummock Pond Road 56 308 97 Hummock Pond Road 56 67.3 99 Hummock Pond Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 76” dated February 2011. ARTICLE 77 (Bylaw Amendment: Car Rental Agencies, Registration of) To see if the Town will vote to amend Chapter 58 of the Code of the Town of Nantucket (Car Rental Agencies, Registration of) by inserting a new section as follows: §58-7. Electric Vehicles. The Board of Selectmen may develop an exemption for up to 10 (ten) battery electric vehicles from the rental vehicle sticker, without regard to the requirements and limitations of §58-3 B, C and D of this Code. And to amend §58-1 (Definitions) by inserting the following new definition: BATTERY ELECTRIC VEHICLE - A motor vehicle propelled by a motor powered by electrical energy from rechargeable batteries or other source onboard the vehicle. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Town amend Chapter 58 of the Code of the Town of Nantucket (Car Rental Agencies, Registration of) by inserting a new section as follows: Page 102 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions §58-7. Electric Vehicles. The Board of Selectmen may develop an exemption for up to 10 (ten) battery electric vehicles from the rental vehicle sticker, without regard to the requirements and limitations of §58-3 B, C and D of this Code. And to amend §58-1 (Definitions) by inserting the following new definition: BATTERY ELECTRIC VEHICLE - A motor vehicle propelled by a motor powered by electrical energy from rechargeable batteries or other source onboard the vehicle. ARTICLE 78 (Amendments to Town of Nantucket Affordable Housing Trust Fund – Declaration of Trust) To see if the Town will vote to amend the provisions of the Town of Nantucket Affordable Housing Trust Fund adopted by the vote under Article 72 of the 2009 Annual Town Meeting 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): SECOND: Purpose The purpose of the Trust shall be to provide for the creation and preservation of affordable housing in the Town of Nantucket, preferably in perpetuity, as a general policy, but subject to exceptions where it is practicable and reasonable to do so, for the benefit of year-round low and moderate income households who would otherwise have difficulty, financial or otherwise, locating housing on Nantucket. Or to take any other action related thereto. (Board of Selectmen for Affordable Housing Trust) FINANCE COMMITTEE MOTION: Moved that the Town amend the provisions of the Town of Nantucket Affordable Housing Trust Fund adopted by the vote under Article 72 of the 2009 Annual Town Meeting 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): SECOND: Purpose The purpose of the Trust shall be to provide for the creation and preservation of affordable housing in the Town of Nantucket, preferably in perpetuity, as a general policy, but subject to exceptions where it is practicable and reasonable to do so, for the benefit of year-round low and moderate income households who would otherwise have difficulty, financial or otherwise, locating housing on Nantucket. Page 103 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 79 (Acceptance of Massachusetts General Law Pertaining to Quarterly Tax Payments) To see if the Town will vote to accept the provisions of Chapter 59 section 57C of the Massachusetts General Laws to provide for quarterly tax bills, beginning in fiscal year 2013. A complete copy of Chapter 59 section 57C of the Massachusetts General Laws is on file in the office of the Town Clerk. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Town accept the provisions of Chapter 59 section 57C of the Massachusetts General Laws to provide for quarterly tax bills, beginning in fiscal year 2013. A complete copy of Chapter 59 section 57C of the Massachusetts General Laws is on file in the office of the Town Clerk. ARTICLE 80 (Home Rule Petition: Amendment of Historic District Commission Act) To see if the town of Nantucket will vote to request its representatives in the General Court to introduce legislation amending the Historic District Commission Act as set forth below and to authorize the General Court, with the approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, it being the intent to authorize the Board of Selectmen and General Court to vary the specific text of the requested legislation within the scope of the general public objectives of this home rule petition, such legislation to read substantially as follows: AN ACT AMENDING THE NANTUCKET HISTORIC DISTRICT COMMISTION ACT Section 1. An Act Establishing An Historic District Commission For The Town Of Nantucket And Establishing Nantucket Island As The Historic District (being chapter 395 of the Acts of 1970, as amended by chapter 708 of the Acts of 1972, chapter 300 of the Acts of 1984, as amended by chapter 291 of the Acts of 1985, as amended by chapter 735 of the Acts of 1987, as amended by chapter 333 of the Acts of 1989, as amended by chapter 314 of the Acts of 1990, as amended by chapter 193 of the Acts of 1998, as amended by chapter 57 of the Acts of 2000, as amended by chapter 90 of the Acts of 2002, as amended by chapter 90 of the Acts of 2010, referred to collectively as the "HDC Act") is hereby amended as follows: a. by striking out the definition of " structure" in Section 2A and inserting in its place thereof the following definition:- "Structure" a combination of materials, other than a building, that includes, a vending machine, sign, fence, terrace, walk, driveway and object that needs a gravel or cement footing, or a fastener to keep it in place. b. By adding a new Section 8(a) entitled "Applicant's Rights" as follows: Page 104 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions HDC members shall act with proper conduct and ethics based on the rules and regulations adopted by the Historic District Commission pursuant to Section 8 of the HDC Act. If an applicant believes that a member or members of the HDC have violated such rules and regulations, the applicant may use the procedure set forth in Section 5.4 of the Town's Charter entitled "Recall of Elected Officials". Or, to take any other action related thereto. (Jesse Dutra, et al) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: AN ACT AMENDING THE NANTUCKET HISTORIC DISTRICT COMMISSION ACT Section 1. An Act Establishing An Historic District Commission For The Town Of Nantucket And Establishing Nantucket Island As The Historic District (being chapter 395 of the Acts of 1970, as amended by chapter 708 of the Acts of 1972, chapter 300 of the Acts of 1984, as amended by chapter 291 of the Acts of 1985, as amended by chapter 735 of the Acts of 1987, as amended by chapter 333 of the Acts of 1989, as amended by chapter 314 of the Acts of 1990, as amended by chapter 193 of the Acts of 1998, as amended by chapter 57 of the Acts of 2000, as amended by chapter 90 of the Acts of 2002, as amended by chapter 90 of the Acts of 2010, referred to collectively as the "HDC Act") is hereby amended as follows: a. by striking out the definition of " structure" in Section 2A and inserting in its place thereof the following definition:- "Structure" a combination of materials, other than a building, that includes, a vending machine, sign, fence, terrace, walk, driveway and object that needs a gravel or cement footing, or a fastener to keep it in place. b. By adding a new Section 8(a) entitled "Applicant's Rights" as follows: HDC members shall act with proper conduct and ethics based on the rules and regulations adopted by the Historic District Commission pursuant to Section 8 of the HDC Act. If an applicant believes that a member or members of the HDC have violated such rules and regulations, the applicant may use the procedure set forth in Section 5.4 of the Town's Charter entitled "Recall of Elected Officials". Page 105 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 81 (Home Rule Petition: Land Bank Real Estate Conveyance) To see if the Town will vote to present the Home Rule petition set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: AN ACT APPROVING THE NANTUCKET ISLANDS LAND BANK TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows: 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 Nantucket Islands Land Bank may sell, convey or otherwise dispose of certain land situated in the Town of Nantucket and described as an approximately 5,000 square foot portion of Town of Nantucket Assessor’s Map 42.3.4, Parcel 2. Section 2. This act shall take effect upon its passage. (Board of Selectmen for Nantucket Islands Land Bank Commission) NOTE: The above home rule petition was approved as Article 59 of the 2010 Annual town Meeting. Home rule petitions currently pending before the legislature which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: AN ACT APPROVING THE SALE, CONVEYANCE OR OTHER DISPOSITION BY THE NANTUCKET ISLANDS LAND BANK OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows: 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 Nantucket Islands Land Bank may sell, convey or otherwise dispose of certain land situated in the Town of Nantucket and described as an Page 106 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions approximately 5,000 square foot portion of Town of Nantucket Assessor’s Map 42.3.4, Parcel 2. Section 2. This act shall take effect upon its passage. ARTICLE 82 (Home Rule Petition: Land Bank Real Estate Conveyance) To see if the Town will vote to present the Home Rule petition set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: AN ACT APPROVING THE NANTUCKET ISLANDS LAND BANK TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows: 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 Nantucket Islands Land Bank may sell, convey or otherwise dispose of any or all portion of certain land situated in the Town of Nantucket totalling approximately 38.5 acres shown on Town of Nantucket Assessor’s Map 89, Parcel 6, 6.1 and 6.2. Section 2. This act shall take effect upon its passage. (Board of Selectmen for Nantucket Islands Land Bank Commission) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: AN ACT APPROVING THE NANTUCKET ISLANDS LAND BANK TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows: Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth of Massachusetts notwithstanding the provisions of any general or Page 107 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions special law to the contrary, the Nantucket Islands Land Bank may sell, convey or otherwise dispose of any or all portion of certain land situated in the Town of Nantucket totalling approximately 38.5 acres shown on Town of Nantucket Assessor’s Map 89, Parcel 6, 6.1 and 6.2. Section 2. This act shall take effect upon its passage. ARTICLE 83 (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 Chapter 268A subsections (a) and (c) of section 17 of the Massachusetts General Laws and from Chapter 268A section 19(a) of the Massachusetts General Laws 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) NOTE: The above home rule petition was approved as Article 66 of the 2009 Annual Town Meeting and Article 62 of the 2010 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to Page 108 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: AN ACT 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 Chapter 268A subsections (a) and (c) of section 17 of the Massachusetts General Laws and from Chapter 268A section 19(a) of the Massachusetts General Laws 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. ARTICLE 84 (Home Rule Petition: Planning Process) To see if the Town will vote to petition the General Court to enact special legislation for the town of Nantucket to amend the Nantucket Planning & Economic Development Act as set forth below, that the General Court be authorized, with the consent of the Board of Selectmen, to make constructive changes in the text thereto to accomplish the public purposes thereof, as follows: An Act Amending the Responsibilities of the Nantucket Planning & Economic Development Commission SECTION 1. 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 new Sections immediately following the existing text of section 4 as follows: Section 4A. The Commission shall be one of the Commonwealth’s regional planning agencies. Page 109 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Section 4B. Certain developments of regional economic impact as hereinafter defined proposed to be constructed within the limits of the town of Nantucket shall not be constructed within such town without a Development of Regional Economic Impact Permit (“DREIP”) 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 majority vote of the membership thereof. A DREIP 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 other applicable governmental authority. Section 4C. Developments of regional economic impact shall be those large-scale 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 minimum thresholds: (a) 30,000 gross square feet of interior space in a single building or on a single lot for retail, manufacturing, or industrial use; (b) 40,000 square feet of exterior storage, exterior industrial use; (c) Alterations to more than 5 acres of shore, beach, seacoast, pond, marsh, dune, woodland, wetland, endangered species habitat, aquifer, or other resource area for commercial or industrial use; or (d) Any commercial or industrial use that requires more than 100 parking spaces as determined by the zoning bylaw of the Town of Nantucket. Section 4D. 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 Town of Nantucket 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 Town of Nantucket at a duly scheduled Town Meeting. Such rules and regulations shall include 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’s receipt of a complete application for the issuance of a DREIP), and standards and criteria to assess visual and environmental impacts, employment characteristics and requirements for municipal or regional services including solid waste disposal, water, sewer, tourist services and facilities, transportation and education. Such rules and regulations shall provide that the Commission shall issue a DREIP upon making the following findings: (a) The probable benefit of the proposed project will exceed the probable detriment; (b) The proposed project is in compliance with any master plan adopted by the community pursuant to Chapter 41-81D of the Massachusetts General Laws of the Commonwealth, or other authority; and (c) There are no practical, feasible or practicable options or alternatives that might otherwise be employed due to unique physical, social or economic conditions related to Nantucket’s island location. SECTION 2. This Act shall take effect upon passage. Page 110 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Or, to take any other action as related thereto. (Board of Selectmen for Nantucket Planning and Economic Development Commission) NOTE: The above home rule petition was approved as Article 67 of the 2009 Annual Town Meeting and Article 63 of the 2010 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: An Act Amending the Responsibilities of the Nantucket Planning & Economic Development Commission SECTION 1. 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 new Sections immediately following the existing text of section 4 as follows: Section 4A. The Commission shall be one of the Commonwealth’s regional planning agencies. Section 4B. Certain developments of regional economic impact as hereinafter defined proposed to be constructed within the limits of the town of Nantucket shall not be constructed within such town without a Development of Regional Economic Impact Permit (“DREIP”) 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 majority vote of the membership thereof. A DREIP 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 other applicable governmental authority. Section 4C. Developments of regional economic impact shall be those large-scale 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 minimum thresholds: (a) 30,000 gross square feet of interior space in a single building or on a single lot for retail, manufacturing, or industrial use; (b) 40,000 square feet of exterior storage, exterior industrial use; (c) Alterations to more than 5 acres of shore, beach, seacoast, pond, marsh, dune, woodland, wetland, endangered species habitat, aquifer, or other resource area for commercial or industrial use; or (d) Any commercial or industrial use that requires more than 100 parking spaces as determined by the zoning bylaw of the Town of Nantucket. Page 111 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Section 4D. 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 Town of Nantucket 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 Town of Nantucket at a duly scheduled Town Meeting. Such rules and regulations shall include 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’s receipt of a complete application for the issuance of a DREIP), and standards and criteria to assess visual and environmental impacts, employment characteristics and requirements for municipal or regional services including solid waste disposal, water, sewer, tourist services and facilities, transportation and education. Such rules and regulations shall provide that the Commission shall issue a DREIP upon making the following findings: (a) The probable benefit of the proposed project will exceed the probable detriment; (b) The proposed project is in compliance with any master plan adopted by the community pursuant to Chapter 41-81D of the Massachusetts General Laws of the Commonwealth, or other authority; and (c) There are no practical, feasible or practicable options or alternatives that might otherwise be employed due to unique physical, social or economic conditions related to Nantucket’s island location. SECTION 2. This Act shall take effect upon passage. ARTICLE 85 (Home Rule Petition: Conveyance of Land from County to Town) To see if the Town will vote to petition the General Court to enact a special act of the Town of Nantucket the text of which act is set forth below, and that the General Court be authorized, with the consent of the Board of Selectmen, to make constructive changes in the text thereof to accomplish the public purposes thereof, as follows: An Act Approving the Conveyance of Property by the County of Nantucket Section 1. The County of Nantucket is hereby authorized to convey a parcel containing 18,400 square feet of land bounded by the easterly sideline of Nonantum Avenue; northerly by the southerly lot line of Assessor Map 88 Parcel 49, the southerly sideline of a portion of former Clifford Street and the southerly lot line of Assessor Map 88 Parcels 50 and 51; the eastern sideline of former Harriet Street (f.k.a. Prospect Street) and southerly by the northerly lot line of Assessor Map 88 Parcel 47, the northern sideline of a portion of Clifford Street between former Nonantum Avenue and the Atlantic Ocean and Assessor Map 88 Parcel 48, owned by the County of Nantucket to the Town of Nantucket. Page 112 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Section 2. A majority of the voters at an Annual or Special Town Meeting shall approve acceptance of any and all transfers authorized in Section 1, prior to such conveyance taking effect. Section 3. The provision of Chapter 30B of the Massachusetts General Laws and any rights of first refusal in the Commonwealth under the provisions of Section 14 of Chapter 34 of the General Laws shall not be applicable to any conveyance authorized hereunder. Section 4. This Act shall take effect upon passage. And, to take any other action as related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 67 of the 2010 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: An Act Approving the Conveyance of Property by the County of Nantucket Section 1. The County of Nantucket is hereby authorized to convey a parcel containing 18,400 square feet of land bounded by the easterly sideline of Nonantum Avenue; northerly by the southerly lot line of Assessor Map 88 Parcel 49, the southerly sideline of a portion of former Clifford Street and the southerly lot line of Assessor Map 88 Parcels 50 and 51; the eastern sideline of former Harriet Street (f.k.a. Prospect Street) and southerly by the northerly lot line of Assessor Map 88 Parcel 47, the northern sideline of a portion of Clifford Street between former Nonantum Avenue and the Atlantic Ocean and Assessor Map 88 Parcel 48, owned by the County of Nantucket to the Town of Nantucket. Section 2. A majority of the voters at an Annual or Special Town Meeting shall approve acceptance of any and all transfers authorized in Section 1, prior to such conveyance taking effect. Section 3. The provision of Chapter 30B of the Massachusetts General Laws and any rights of first refusal in the Commonwealth under the provisions of Section 14 of Chapter 34 of the General Laws shall not be applicable to any conveyance authorized hereunder. Section 4. This Act shall take effect upon passage. Page 113 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 86 (Home Rule Petition: Nantucket Sewer Act Amendment) To see if the Town will vote to petition the General Court for enactment of a special act for the Town of Nantucket, and to request the Town's 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 Amending the Authority of the Town of Nantucket Sewer Commission Section 1. Chapter 396 of the Acts of 2008 ("An Act authorizing the establishment of the Nantucket Sewer Commission and Sewer Districts in the Town of Nantucket") is hereby amended by adding the following new section 1A, stating as follows: Section 1A: the Nantucket Sewer Commission described in section 3 of this Act shall be authorized to require that use of and connection to the common sewers, treatment plants, collection systems and other works be mandatory and compulsory upon some portion or all of the owners and occupants of all estates and buildings embraced within the sewer districts established in accordance with this Act at such times as may be determined by said Sewer Commission. The Sewer Commission is hereby authorized to enact regulations, after a public hearing, to implement this section, which regulations may include a grace period for mandatory sewer connections. Section 2. This Act shall take effect upon passage. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: Nantucket Board of Health regulations currently allow for mandatory connections. ARTICLE 87 (Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket) 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 SEPARATE CEMETERY COMMISSION FOR THE TOWN OF NANTUCKET Page 114 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall have the following meanings: The Board of Cemetery Commissioners of the Town of Nantucket shall consist of five persons appointed by the Board of Selectmen. Two Commissioners shall be appointed for three years, one Commissioner shall be appointed for two years and two Commissioners shall be appointed for one year. Thereafter, the terms shall be appointed for three years. The Cemetery Commission shall meet from time to time and no less than annually, and organize by the choice of its members a Chairman, a Vice Chairman and a Secretary. It shall be the duty of the Secretary to keep a record of the doings, receipts and expenditures of the Cemetery Commission and render a specific report to be filed with the Town Clerk and the Board of Selectmen on or about July 15, to be printed in the Annual Town Report. SECTION 2. Duties of the Cemetery Commission. A. The Cemetery Commission shall have full charge of all of the public cemeteries of the Town, to lay out the same into lots, to execute and deliver deeds therefore, and to erect all necessary signs, fences, buildings and other structures in or about the same, at an expense not to exceed, in any case, the amount of the funds at its disposal. B. The Cemetery Commission shall direct the expenditures of all general cemetery funds in the cemetery account and of all specific appropriations, unless otherwise ordered by the Town, and the income of all trust funds held by the Town for cemetery purposes, conforming to the directions of the depositor. C. The Cemetery Commission shall keep a complete record of all sales of lots in the public cemeteries of the Town and the deeds thereof, together with the names of the deceased and the location of the graves. True copies of all such deeds, names, and grave locations shall be on file with the Town Clerk. SECTION 3. Authority to make rules and regulations. The Cemetery Commissioners, with the approval of the Board of Selectmen, are hereby authorized and empowered to make changes to cemetery rules and regulations not contrary to law with regard to the use of the Town cemeteries, and said rules and regulations shall be on file with the Town Clerk. SECTION 4. 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 5. This act shall become effective on the date passed by the Legislature, or approved by the Governor. (Board of Selectmen) Page 115 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions NOTE: The above home rule petition was approved as Article 70 of the 2010 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: AN ACT ESTABLISHING A SEPARATE CEMETERY COMMISSION FOR THE TOWN OF NANTUCKET SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall have the following meanings: The Board of Cemetery Commissioners of the Town of Nantucket shall consist of five persons appointed by the Board of Selectmen. Two Commissioners shall be appointed for three years, one Commissioner shall be appointed for two years and two Commissioners shall be appointed for one year. Thereafter, the terms shall be appointed for three years. The Cemetery Commission shall meet from time to time and no less than annually, and organize by the choice of its members a Chairman, a Vice Chairman and a Secretary. It shall be the duty of the Secretary to keep a record of the doings, receipts and expenditures of the Cemetery Commission and render a specific report to be filed with the Town Clerk and the Board of Selectmen on or about July 15, to be printed in the Annual Town Report. SECTION 2. Duties of the Cemetery Commission. A. The Cemetery Commission shall have full charge of all of the public cemeteries of the Town, to lay out the same into lots, to execute and deliver deeds therefore, and to erect all necessary signs, fences, buildings and other structures in or about the same, at an expense not to exceed, in any case, the amount of the funds at its disposal. B. The Cemetery Commission shall direct the expenditures of all general cemetery funds in the cemetery account and of all specific appropriations, unless otherwise ordered by the Town, and the income of all trust funds held by the Town for cemetery purposes, conforming to the directions of the depositor. C. The Cemetery Commission shall keep a complete record of all sales of lots in the public cemeteries of the Town and the deeds thereof, together with the names of the deceased and the location of the graves. True copies of all such deeds, names, and grave locations shall be on file with the Town Clerk. SECTION 3. Authority to make rules and regulations. Page 116 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions The Cemetery Commissioners, with the approval of the Board of Selectmen, are hereby authorized and empowered to make changes to cemetery rules and regulations not contrary to law with regard to the use of the Town cemeteries, and said rules and regulations shall be on file with the Town Clerk. SECTION 4. 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 5. This act shall become effective on the date passed by the Legislature, or approved by the Governor. ARTICLE 88 (Home Rule Petition: Town Charter Amendment) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation to make the Town Manager the appointing authority for Town Counsel, subject to approval or disapproval by the Board of Selectmen, as set forth below; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board approves amendments to the bill before enactment by the General Court, and to authorize the Board of Selectmen to approve amendments which shall be within the scope of the general public objectives of this petition; or to take any other action related thereto. An Act Regarding the Charter of the Town of Nantucket Section 1. Chapter 289 of the acts of 1996 entitled, “An Act Providing for a Charter for the Town of Nantucket” shall hereby be amended by deleting in Section 3.4(a)(2) of the Nantucket town charter, as set forth in section 1 of such act, the words:- “Town Counsel, and”. Section 2. Section 4.3 of the Nantucket town charter, as set forth in section 1 of said chapter 289 is hereby further amended by inserting a new subsection 4.3(e), as follows:- shall appoint and may remove Town Counsel; provided, however, that notwithstanding any other provision of this charter to the contrary, the Board of Selectmen may, by a four-fifths vote of the full board, disapprove such appointment in accordance with procedure set forth in Section 3.4(a)(4). Section 3. This act shall take effect upon passage. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 89 (Real Estate Disposition: Dreamland Theatre Easement) To see if the Town will vote to authorize the Board of Selectmen to grant an Easement (“Easement”) to the Nantucket Dreamland Foundation, Inc. (“Dreamland”) to Page 117 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions allow Dreamland to construct portions of the Dreamland Theater, to wit the theatre marquee and a length of rain gutter, over public sidewalks located at the west (South Water Street) and north (Oak Street) of the theater and a portion of coffer dam under and within the layout of Oak Street. Said overhangs/encroachments are shown on a “Building Overhang Diagram” containing six (six) sheets prepared for Dreamland and on file with the Board of Selectmen’s office; and to further authorize the Board of Selectmen to convey, sell, or otherwise grant an easement allowing the encroachments to be constructed over and in the case of the section of coffer dam under public sidewalks as described herein for a term or terms not exceeding ninety-nine (99) years (which authorization is necessary to comply with M.G.L. c. 40, § 3 and Town of Nantucket Code chapter 46, § 46-2); or to take any other action related thereto. (Edmund “Bill” Liddle, et al) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to grant an Easement (“Easement”) to the Nantucket Dreamland Foundation, Inc. (“Dreamland”) to allow Dreamland to construct portions of the Dreamland Theater, to wit the theatre marquee and a length of rain gutter, over public sidewalks located at the west (South Water Street) and north (Oak Street) of the theater and a portion of coffer dam under and within the layout of Oak Street. Said overhangs/encroachments are shown on a “Building Overhang Diagram” containing six (six) sheets prepared for Dreamland and on file with the Board of Selectmen’s office; and to further authorize the Board of Selectmen to convey, sell, or otherwise grant an easement allowing the encroachments to be constructed over and in the case of the section of coffer dam under public sidewalks as described herein for a term or terms not exceeding ninety- nine (99) years (which authorization is necessary to comply with M.G.L. c. 40, § 3 and Town of Nantucket Code chapter 46, § 46-2). ARTICLE 90 (Authorization for Real Estate Conveyance: Hulbert Avenue Extension) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of all or any interests the Town of Nantucket may have in a portion of Hulbert Avenue Extension being the fifteen (15’) foot wide western half of the layout from the mid-line of Hulbert Avenue Extension adjacent to Assessor Map 30, Parcel 47 (43 Jefferson Avenue) and to Assessor Map 30, Parcel 48 (98 Hulbert Avenue), as shown on the plan entitled "Exhibit Plan in Nantucket, MA prepared for 2011 Nantucket Annual Town Meeting Warrant" dated November 22, 2010 prepared by Bracken Engineering, Inc., subject to Massachusetts G. L. c. 30B, or to take any other action related thereto. (Michelle Lamb, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The content of this Article has been addressed in Warrant Articles 107 and 108. Page 118 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 91 (Real Estate Acquisition: 77 Washington Street) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee interest in a certain parcel of land, identified as Assessors Map 42.2.3, Parcel 42 and known as 77 Washington Street for general municipal purposes, or take any other action as may be appropriate or related thereto. (Timothy M. Soverino, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The property referenced in the Article is no longer available for sale. ARTICLE 92 (Real Estate Acquisition: 50 Union Street) To see if the Town will vote to: authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, the fee or lesser title interest in all or any portion of the real estate including any buildings thereon located at 50 Union Street at the corner of Union and Francis streets, being lot 2 of Nantucket Assessors Map 5514, for traffic improvements, open space, historical preservation or any other purpose, and further 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 carry out the foregoing acquisition, or to take any other action related thereto. (Robert Sarkisian, et al) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain, the fee or lesser title interest in all or any portion of the real estate including any buildings thereon located at 50 Union Street at the corner of Union and Francis streets, being lot 2 of Nantucket Assessors Map 5514, for traffic improvements, open space, historical preservation or any other purpose. FINANCE COMMITTEE COMMENT: The motion allows the Board of Selectmen to negotiate terms and conditions of acquisition. Any necessary funding to complete a transaction will require grants or participation by other entities or organizations. ARTICLE 93 (Real Estate Conveyance: Authorization/22 Federal Street) To see if the Town will vote to transfer the care, custody and control of the Town- owned property located at 22 Federal Street as shown on Assessor Map 42.4.2 as Parcel 31 held for general municipal purposes to the Board of Selectmen for the purpose of selling, conveying, releasing or otherwise disposing of said property, and to authorize the Board of Selectmen to so dispose of the property on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests. Page 119 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 93” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the care, custody and control of the Town-owned property located at 22 Federal Street as shown on Assessor Map 42.4.2 as Parcel 31 held for general municipal purposes be transferred to the Board of Selectmen for the purpose of selling, conveying, releasing or otherwise disposing of said property, and that the Board of Selectmen be authorized to so dispose of the property on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests., all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 93” dated January 2011. ARTICLE 94 (Real Estate Conveyance: Authorization/37 Washington Street) To see if the Town will vote to transfer the care, custody and control of the Town- owned property located at 37 Washington Street as shown on Assessor Map 42.3.2 as Parcel 84 held for general municipal purposes to the Board of Selectmen for the purpose of selling, conveying, releasing or otherwise disposing of said property, and to authorize the Board of Selectmen to so dispose of the property on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 94” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the care, custody and control of the Town-owned property located at 37 Washington Street as shown on Assessor Map 42.3.2 as Parcel 84 held for general municipal purposes be transferred to the Board of Selectmen for the purpose of selling, conveying, releasing or otherwise disposing of said property, and that the Board of Selectmen be authorized to so dispose of the property on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests., all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 94” dated January 2011. ARTICLE 95 (Long-term Lease Authorization: Airport) To see if the Town will vote to transfer the care, custody, management and control of a portion of the Town-owned property, shown as Assessor Map 78, Parcel 16, along the southeast border of the Airport, under the jurisdiction of the Airport Commission and held for aeronautical purposes, to the Airport Commission to be held Page 120 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions for aeronautical purposes and for the purpose of leasing the property, and further to authorize the Airport Commission to enter into a lease of said property and to execute a power purchase agreement each for a term of up to twenty-five (25) years, subject to the provisions of Chapter 30B of the Massachusetts General Laws or other applicable statutes, for the purposes of the development of a solar array, on terms deemed by the Airport Commission to be satisfactory and in the Town’s best interests. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 95” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the care, custody, management and control of a portion of the Town-owned property, shown as Assessor Map 78, Parcel 16, along the southeast border of the Airport, under the jurisdiction of the Airport Commission and held for aeronautical purposes, to the Airport Commission to be held for aeronautical purposes and for the purpose of leasing the property, and further to authorize the Airport Commission to enter into a lease of said property and to execute a power purchase agreement each for a term of up to twenty-five (25) years, subject to the provisions of Chapter 30B of the Massachusetts General Laws or other applicable statutes, for the purposes of the development of a solar array, on terms deemed by the Airport Commission to be satisfactory and in the Town’s best interests; all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 95” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee’s expectation is that any cost savings realized from this project will allow for a reduction in fees. ARTICLE 96 (Long-term Lease Authorization: Surfside WWTF) To see if the Town will vote to transfer the care, custody, management and control of a portion of the Town-owned property, known as the Surfside Wastewater Treatment Facility, Assessor Map 87, Parcel 135 under the jurisdiction of the Board of Selectmen and held for wastewater treatment purposes, to the Board of Selectmen to be held for wastewater treatment purposes and for the purpose of leasing the property, and further to authorize the Board of Selectmen to enter into a lease of said property and to execute a power purchase agreement each for a term of up to twenty-five (25) years, subject to the provisions of Chapter 30B of the Massachusetts General Laws or other applicable statutes, for the purposes of the development of a solar array, on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 96” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. Page 121 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the care, custody, management and control of a portion of the Town-owned property, known as the Surfside Wastewater Treatment Facility, Assessor Map 87, Parcel 135 under the jurisdiction of the Board of Selectmen and held for wastewater treatment purposes, be transferred to the Board of Selectmen to be held for wastewater treatment purposes and for the purpose of leasing the property, and further that the Board of Selectmen is hereby authorized to enter into a lease of said property and to execute a power purchase agreement each for a term of up to twenty-five (25) years, subject to the provisions of Chapter 30B of the Massachusetts General Laws or other applicable statutes, for the purposes of the development of a solar array, on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests; all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 96” dated January 2011. ARTICLE 97 (Long-term Lease Authorization: Wannacomet) To see if the Town will vote to transfer the care, custody, management and control of a portion of the Town-owned property described herein under the jurisdiction of the Nantucket Water Commission and held for their current purposes to the Nantucket Water Commission to be held for their current purposes and for the purpose of leasing the property, and to authorize the Nantucket Water Commission to enter into a lease of said parcels and to execute a power purchase agreement each for a term of up to twenty-five (25) years, a portion of the town-owned property described as follows: Parcel One (1) known as Wyer’s Valley and as shown on Assessor Map 54, Parcels 45 and 46 and Parcel Two (2) known as North Pasture and shown on Assessor Map 54, Parcel 94.1, and subject to the provisions of Chapter 30B of the Massachusetts General Laws, for the purposes of the development of a solar array, on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests and to further authorize the Board of Selectmen to file a home rule petition to authorize the new use pursuant to Article 97 of the Amendments to the Massachusetts Constitution, if necessary. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 97” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Nantucket Water Commission) FINANCE COMMITTEE MOTION: Moved that the care, custody, management and control of a portion of the Town-owned property described herein under the jurisdiction of the Nantucket Water Commission and held for its current purposes to the Nantucket Water Commission to be held for its current purposes and for the purpose of leasing the property, and to authorize the Nantucket Water Commission to enter into a lease of said parcels and to execute a power purchase agreement each for a term of up to twenty-five (25) years, a portion of the town-owned property described as follows: Parcel One (1) known as Wyer’s Valley and as shown on Assessor Map 54, Parcels 45 and 46 and Parcel Two (2) known as North Pasture and shown on Assessor Map 54, Parcel 94.1, Page 122 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions and subject to the provisions of Chapter 30B of the Massachusetts General Laws, for the purposes of the development of a solar array, on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests and to further authorize the Board of Selectmen to file a home rule petition to authorize the new use pursuant to Article 97 of the Amendments to the Massachusetts Constitution, if necessary; all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 97” dated January 2011. ARTICLE 98 (Real Estate Acquisition: “Paper” Streets in Surfside) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portion of thirty- four (34) unconstructed rights of way in the Surfside area of Nantucket and identified below, together with any public and private rights of passage, for public ways and/or general municipal purposes:  Plum, Poplar and Holly Streets between the northern sideline of Pochick Avenue and the southern sideline of Mequash Avenue (f.k.a. or a.k.a. Sechacha Avenue; excluding any portion of Masaquet Avenue (f.k.a. or a.k.a. Wauwinet Avenue));  Laurel, School and Myrtle Streets between the northeastern sideline of Surfside Road and the southern sideline of Maclean Street;  Miacomet, Monomoy and Massasoit Avenues between the centerline of Irving and Hawthorne Streets;  Masquetuck and Dunham Streets between the northern sideline of Pochick Avenue and the southern sideline of Boulevarde;  Dunham Street and Irving Street: between the northern sideline of Nobadeer Avenue and the southern sideline of Weweeder Avenue;  Irving Street and Hawthorne Street: between the northern sideline of Massasoit Avenue and the southern sideline of Miacomet Avenue (excluding any portion of Monomoy Avenue);  Holly Street between the northern sideline of Nonantum Avenue to the southern sideline of Pochick Avenue (excluding any portion of Weweeder and Nobadeer Avenues);  Maclean Street between the eastern sideline of Fairgrounds Road and the eastern sideline of Myrtle Street;  Mequash Avenue (f.k.a. Sechacha Avenue) between the western sideline of Pequot Street (formerly or also known as Orange Street) and the eastern sideline of Naushon Way (f.k.a. Cherry Street);  Pochick Avenue between the eastern sideline of Naushon Way (f.k.a. Cherry Street) to the western sideline of Masquetuck Street (excluding any portion or Pequot and Woodbine Streets);  Masaquet Avenue (f.k.a. Wauwinet Avenue) between the eastern sideline of Pequot Avenue (formerly or also known as Orange Street) and the western sideline of Masquetuck Street and the terminus of a turning tee and the eastern sideline of Atlantic Avenue; Page 123 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Woodbine Street between the northern sideline of Masaquet Avenue (f.k.a. or a.k.a. Wauwinet Avenue) and the southern sideline of Mequash Avenue (f.k.a. or a.k.a. Sechacha Avenue);  Myles Standish Street (f.k.a. or a.k.a. Shimmo Street) between the northern lot line of property at 38 Pochick Avenue (Assessor Map 80 Parcel 11) and a northern and eastern sideline of a property at 36 Pochick Avenue (Assessor Map 80 Parcel 285) and the southern sideline of Boulevarde;  Copeland Street between the southern sideline of Masaquet Avenue (f.k.a. or a.k.a. Wauwinet Avenue) and the eastern sideline of Atlantic Avenue;  Atlantic Avenue between the southern lot line of a property at 6 Gladlands Avenue (Assessor Map 80 Parcel 179) and the northern sideline of Pochick Avenue, the southern sideline of Nobadeer Avenue and the western sideline of Surfside Road (f.k.a. Myrtle Street);  Station Avenue between the western sideline of Atlantic Avenue and its terminus at an extension of the southern lot line of a property at 5 Station Street (Assessor Map 87 Parcel 114) then west to the western sideline of Station Avenue;  Curve Street between the northeastern sideline of Station Avenue and the western sideline of Cononicus Street (f.k.a. or a.k.a. Laurel Street);  Arrugia Street (f.k.a. School Street) between the southern sideline of Atlantic Avenue and the northern sideline of Curve Street;  Nonantum Avenue: between the western sideline of Laurel Street and the eastern sideline of Atlantic Avenue;  Lovers Lane between the northern sideline of Weweeder Avenue and the southern sideline of Pochick Avenue;  Weweeder Avenue between the western sideline of Irving Street to the eastern sideline of Surfside Road (f.k.a. Myrtle Street); excluding any portion of Boulevarde (f.k.a. Central Street), Clifford Street, Pequot Street and Cherry Street (a.k.a. Naushon Way) and between the western sideline of Everett Street to the western sideline of Russell Street;  Western Avenue between the eastern sideline of Surfside Road and its eastern terminus;  Poplar Street between the northern sideline of Western Avenue and the southern sideline of Atlantic Avenue;  Unnamed ways between the western sideline of Surfside Road, the eastern sideline of Cononicus Street and the southern sideline of Atlantic Avenue;  Everett Street between the southern sideline of Weweeder Avenue to the Atlantic Ocean, not including any portion of Boulevarde;  Boulevarde from the western sideline of Everett Street to the western lot line of Assessor Map 88 Parcel 31; and To see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 98” dated January 2011 and filed herewith at the Office of the Town Clerk. Page 124 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portion of thirty-four (34) unconstructed rights of way in the Surfside area of Nantucket as identified in the Warrant under Article 98, together with any public and private rights of passage, for public ways and/or general municipal purposes, as amended below:  Laurel, School and Myrtle Streets between the northeastern sideline of Surfside Road and the southern sideline of Maclean Street, and Laurel Street (n.k.a. Canonicus Street) between the northern sideline of an unnamed way and the southern sideline of Atlantic Avenue;  Atlantic Avenue between the southern lot line of a property at 6 Gladlands Avenue (Assessor Map 80 Parcel 179) and the northern sideline of Pochick Avenue, the southern sideline of Nobadeer Avenue and the western northern sideline of Western Avenue excluding any portion of Surfside Road (f.k.a. Myrtle Street);  Station Avenue Street between the western sideline of Atlantic Avenue and its terminus at an extension of the southern lot line of a property at 5 Station Street (Assessor Map 87 Parcel 114) then west to the western sideline of Station Avenue Street;  Curve Street between the northeastern sideline of Station Avenue Street and the western sideline of Canonicus Street (f.k.a. or a.k.a. Laurel Street);  Arrugia Auriga Street (f.k.a. School Street) between the southern sideline of Atlantic Avenue and the northern sideline of Curve Street;  Unnamed ways between the western sideline of Surfside Road, the eastern sideline of Canonicus Street and the southern sideline of Atlantic Avenue. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 98” dated January 2011. ARTICLE 99 (Real Estate Conveyance: “Paper” Streets, Surfside) To see if the Town will vote to authorize the Board of Selectmen to convey, sell or otherwise dispose of the fee title or lesser interests in all or any portion of land in the Surfside area of Nantucket known as Surfside South and identified below, subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include, the reservation of easements and restrictions:  Plum, Poplar and Holly Streets between the northern sideline of Pochick Avenue and the southern sideline of Mequash Avenue (f.k.a. or a.k.a. Sechacha Avenue; excluding any portion of Masaquet Avenue (f.k.a. or a.k.a. Wauwinet Avenue)); Page 125 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Laurel, School and Myrtle Streets between the northeastern sideline of Surfside Road and the southern sideline of Maclean Street;  Miacomet, Monomoy and Massasoit Avenues between the centerline of Irving and Hawthorne Streets;  Masquetuck and Dunham Streets between the northern sideline of Pochick Avenue and the southern sideline of Boulevarde;  Dunham Street and Irving Street: between the northern sideline of Nobadeer Avenue and the southern sideline of Weweeder Avenue;  Irving Street and Hawthorne Street: between the northern sideline of Massasoit Avenue and the southern sideline of Miacomet Avenue (excluding any portion of Monomoy Avenue);  Holly Street between the northern sideline of Nonantum Avenue to the southern sideline of Pochick Avenue (excluding any portion of Weweeder and Nobadeer Avenues);  Maclean Street between the eastern sideline of Fairgrounds Road and the eastern sideline of Myrtle Street;  Mequash Avenue (f.k.a. Sechacha Avenue) between the western sideline of Pequot Street (formerly or also known as Orange Street) and the eastern sideline of Naushon Way (f.k.a. Cherry Street);  Pochick Avenue between the eastern sideline of Naushon Way (f.k.a. Cherry Street) to the western sideline of Masquetuck Street (excluding any portion or Pequot and Woodbine Streets);  Masaquet Avenue (f.k.a. Wauwinet Avenue) between the eastern sideline of Pequot Avenue (formerly or also known as Orange Street) and the western sideline of Masquetuck Street and the terminus of a turning tee and the eastern sideline of Atlantic Avenue;  Woodbine Street between the northern sideline of Masaquet Avenue (f.k.a. or a.k.a. Wauwinet Avenue) and the southern sideline of Mequash Avenue (f.k.a. or a.k.a. Sechacha Avenue);  Myles Standish Street (f.k.a. or a.k.a. Shimmo Street) between the northern lot line of property at 38 Pochick Avenue (Assessor Map 80 Parcel 11) and a north and east sideline of a property at 36 Pochick Avenue (Assessor Map 80, Parcel 285) and the southern sideline of Boulevarde;  Copeland Street between the southern sideline of Masaquet Avenue (f.k.a. or a.k.a. Wauwinet Avenue) and the eastern sideline of Atlantic Avenue;  Atlantic Avenue between the southern lot line of a property at 6 Gladlands Avenue (Assessor Map 80 Parcel 179) and the northern sideline of Pochick Avenue, the southern sideline of Nobadeer Avenue and the western sideline of Surfside Road (f.k.a. Myrtle Street);  Station Avenue between the western sideline of Atlantic Avenue and its terminus at an extension of the southern lot line of a property at 5 Station Street (Assessor Map 87 Parcel 114) west to the western sideline of Station Avenue;  Curve Street between the northeastern sideline of Station Avenue and the western sideline of Cononicus Street (f.k.a. or a.k.a. Laurel Street);  Arrugia Street (f.k.a. School Street) between the southern sideline of Atlantic Avenue and the northern sideline of Curve Street; Page 126 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Nonantum Avenue: between the western sideline of Laurel Street and the eastern sideline of Atlantic Avenue;  Lovers Lane between the northern sideline of Weweeder Avenue and the southern sideline of Pochick Avenue;  Weweeder Avenue between the western sideline of Irving Street to the eastern sideline of Surfside Road (f.k.a. Myrtle Street); excluding any portion of Boulevarde (f.k.a. Central Street), Clifford Street, Pequot Street and Cherry Street (a.k.a. Naushon Way);  Western Avenue between the eastern sideline of Surfside Road and its eastern terminus;  Poplar Street between the northern sideline of Western Avenue and the southern sideline of Atlantic Avenue;  Unnamed ways between the western sideline of Surfside Road, the eastern sideline of Cononicus Street and the southern sideline of Atlantic Avenue;  Boulevarde from the western sideline of Russell Street to the western lot line of Assessor Map 88 Parcel 31. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 99” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to convey, sell or otherwise dispose of the fee title or lesser interests in all or any portion of land in the Surfside area of Nantucket known as Surfside South and identified in the Warrant under Article 99, as amended below, and subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include, the reservation of easements and restrictions:  Laurel, School and Myrtle Streets between the northeastern sideline of Surfside Road and the southern sideline of Maclean Street, and Laurel Street (n.k.a. Canonicus Street) between the northern sideline of an unnamed way and the southern sideline of Atlantic Avenue;  Atlantic Avenue between the southern lot line of a property at 6 Gladlands Avenue (Assessor Map 80 Parcel 179) and the northern sideline of Pochick Avenue, the southern sideline of Nobadeer Avenue and the western northern sideline of Western Avenue excluding any portion of Surfside Road (f.k.a. Myrtle Street);  Station Avenue Street between the western sideline of Atlantic Avenue and its terminus at an extension of the southern lot line of a property at 5 Station Street (Assessor Map 87 Parcel 114) then west to the western sideline of Station Avenue Street;  Curve Street between the northeastern sideline of Station Avenue Street and the western sideline of Canonicus Street (f.k.a. or a.k.a. Laurel Street); Page 127 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Arrugia Auriga Street (f.k.a. School Street) between the southern sideline of Atlantic Avenue and the northern sideline of Curve Street;  Unnamed ways between the western sideline of Surfside Road, the eastern sideline of Canonicus Street and the southern sideline of Atlantic Avenue. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 99” dated January 2011. ARTICLE 100 (Real Estate Acquisition: “Paper” Streets in Surfside) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the lesser interests than fee in all or any portion of thirty (30) unconstructed rights of way in the Surfside area of Nantucket, shown on a plan recorded at the Nantucket Registry of Deeds on May 17, 1889 at Plan Book 2, Page 60, but subsequently removed or eliminated in later subdivisions, and identified below, together with any public and private rights of passage, for public ways, open space and/or general municipal purposes:  Dearborn Street between the northern sideline of Maclean Street and the southern sideline of Oniska Avenue;  Central Avenue (Street) between the northern sideline of the Boulevarde and the eastern sideline of Dearborn Street (excluding any portion of Pochick, Pocomo, Okorwaw, Chappomis, and Massasoit Avenues);  Hawthorne Street between the northern sideline of Weweeder Avenue and the eastern sideline of Dearborn Street (excluding any portion of Pochick, Pocomo, Okorwaw, Chappomis, Massasoit, Monomoy and Miacomet Avenues);  Irving Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Chappomis, Massasoit, Monomoy and Miacomet Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  (Mount) Vernon Street between the northern sideline of Okorwaw Street and (excluding any portion of Chappomis, Massasoit, Monomoy and Miacomet Avenues and Skyline and Woodland Drives) the southern sideline of Oniska Avenue and between the northern sideline of Pochick and the southern sideline of Pocomo Avenues;  Waverly Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Chappomis, Massasoit, Monomoy and Miacomet Avenues and Skyline and Woodland Drives) the southern sideline of Oniska Avenue and between the northern sideline of Pochick and the southern sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue);  Adams Street between the northern sideline of Pocomo Avenue and (excluding any portion of Okorwaw, Chappomis, Massasoit, and Monomoy Avenues and Skyline Drive) the southern sideline of Miacomet Avenue;  Andrew Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Pochick, Pocomo, Okorwaw, Chappomis, Massasoit and Monomoy Avenues, and Skyline Drive) the southern sideline of Oniska Avenue; Page 128 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Clay Street between the northwestern sideline of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Jackson Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue and between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and the southern sideline of Pocomo Avenue;  Sumner Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Washington Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Webster Street between the northern sideline of Skyline Drive and the southern sideline of Oniska Avenue and between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and the southern sideline of Chappomis Avenue;  Wilson Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Everett Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Russell Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Starbuck Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road and Monomoy Avenue) the southern sideline of Oniska Avenue;  Gardner Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road and Monomoy Avenue) the southern sideline of Oniska Avenue;  Pochick Avenue between the eastern sideline of Adams Street to the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Pocomo Avenue between the eastern sideline of Lovers Lane to the centerline of Prospect Street (aka Harriet Street), between the centerline of Central Avenue (Street) and the centerline of Hawthorne Street, and between the centerline of (Mount) Vernon Street and (excluding any portion of Monohansett Road) the centerline of Jackson Street;  Chappomis Avenue between the eastern sideline of Hawthorne Street and (excluding any portion of Monohansett Road and Skyline Drive) the northwestern Page 129 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Massasoit Avenue between the eastern sideline of Dearborn Street and (excluding any portion of Skyline Drive, Webster Street and Monohansett Road) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Maclean Street between the eastern sideline of Lover’s Lane and the northern sideline of Okorwaw Avenue and between the eastern sideline of Myrtle Street and the western sideline of Lover’s Lane;  Monomoy Avenue between the eastern sideline of Dearborn Street and (excluding any portion of Monohansett Road and Skyline Drive) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Prospect Street (aka Harriet Street) between the northern sideline of Boulevarde and the southern sideline of Pochick Avenue and between the northern sideline of Pocomo Avenue and (excluding any portion of Okorwaw Avenue) the eastern sideline of Dearborn Street;  Miacomet Avenue between the eastern sideline of Dearborn Street and (excluding any portion of Woodland Drive) to the southern sideline of Oniska Avenue; and  Oniska Avenue from the eastern property line of a parcel known as Assessor Map 68 parcel 68 and (excluding any portion of Monohansett Road) the western sideline of Macy’s Lane;  Poplar Street between the northern sideline of Nobadeer Avenue and the southern sideline of Pochick Avenue and between the northern sideline of Mequash Avenue and the southern sideline of the Boulevarde;  School Street (s.k.a. Aurgia Street) between the eastern sideline of Atlantic Avenue and (excluding any portion of Weweeder Avenue) the southern sideline of Pochick Avenue;  Atlantic Avenue between the northern sideline of Nobadeer Avenue and (excluding any portion of Weweeder Avenue) the southern sideline of Pochick Avenue; and To see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 100” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain the lesser interests than fee in all or any portion of thirty (30) unconstructed rights of way in the Surfside area of Nantucket, shown on a plan recorded at the Nantucket Registry of Deeds on May 17, 1889 at Plan Book 2, Page 60, but subsequently removed or eliminated in later subdivisions, and identified in the Warrant under Article 100, together with any public and private rights of passage, for public ways, open space and/or general municipal purposes, and as amended below: Page 130 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Chappomis Avenue between the eastern sideline of Hawthorne Dearborn Street and (excluding any portion of Monohansett Road and Skyline Drive) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Oniska Avenue from the eastern property line of a parcel known as Assessor Map 68 parcel 68 and (excluding any portion of Monohansett Road and Woodland Drive) the western sideline of Macy’s Lane;  Poplar Street between the northern sideline of Nobadeer Avenue and the southern sideline of Pochick Avenue and (excluding any portion of Weweeder Avenue) between the northern sideline of Mequash Avenue and the southern sideline of the Boulevarde;  School Street (s.k.a. Aurgia Auriga Street) between the eastern sideline of Atlantic Avenue and (excluding any portion of Weweeder Avenue) the southern sideline of Pochick Avenue. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 100” dated January 2011. ARTICLE 101 (Real Estate Conveyance: “Paper” Streets in Surfside) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, release or otherwise dispose of any interests in all or any portion of thirty (30) unconstructed rights of way in the Surfside area of Nantucket, shown on a plan recorded at the Nantucket Registry of Deeds on May 17, 1889 at Plan Book 2, Page 60, but subsequently removed or eliminated in later subdivisions, such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include, the reservation of easements and restrictions, as identified below:  Dearborn Street between the northern sideline of Maclean Street and the southern sideline of Oniska Avenue;  Central Avenue (Street) between the northern sideline of the Boulevarde Avenue and the eastern sideline of Dearborn Street (excluding any portion of Pochick, Pocomo, Okorwaw, Chappomis, and Massasoit Avenues);  Hawthorne Street between the northern sideline of Weweeder Avenue and the eastern sideline of Dearborn Street (excluding any portion of Pochick, Pocomo, Okorwaw, Chappomis, Massasoit, Monomoy and Miacomet Avenues);  Irving Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Chappomis, Massasoit, Monomoy and Miacomet Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  (Mount) Vernon Street between the northern sideline of Okorwaw Street and (excluding any portion of Chappomis, Massasoit, Monomoy and Miacomet Avenues and Skyline and Woodland Drives) the southern sideline of Oniska Avenue and between the northern sideline of Pochick and the southern sideline of Pocomo Avenues;  Waverly Street between the northern sideline of Okorwaw Avenue and (excluding Page 131 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions any portion of Chappomis, Massasoit, Monomoy and Miacomet Avenues and Skyline and Woodland Drives) the southern sideline of Oniska Avenue and between the northern sideline of Pochick and the southern sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue);  Adams Street between the northern sideline of Pocomo Avenue and (excluding any portion of Okorwaw, Chappomis, Massasoit, and Monomoy Avenues and Skyline Drive) the southern sideline of Miacomet Avenue;  Andrew Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Pochick, Pocomo, Okorwaw, Chappomis, Massasoit and Monomoy Avenues, and Skyline Drive) the southern sideline of Oniska Avenue;  Clay Street between the northwestern sideline of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Jackson Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue and between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and the southern sideline of Pocomo Avenue;  Sumner Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Washington Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Webster Street between the northern sideline of Skyline Drive and the southern sideline of Oniska Avenue and between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and the southern sideline of Chappomis Avenue;  Wilson Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Everett Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Russell Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Starbuck Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road and Monomoy Avenue) the southern sideline of Oniska Avenue;  Gardner Street between the northwestern lot line of Assessor Map 79 Parcel 12 Page 132 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road and Monomoy Avenue) the southern sideline of Oniska Avenue;  Pochick Avenue between the eastern sideline of Adams Street to the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Pocomo Avenue between the eastern sideline of Lovers Lane to the centerline of Prospect Street (aka Harriet Street), between the centerline of Central Avenue (Street) and the centerline of Hawthorne Street, and between the centerline of (Mount) Vernon Street and (excluding any portion of Monohansett Road) the centerline of Jackson Street;  Chappomis Avenue between the eastern sideline of Hawthorne Street and (excluding any portion of Monohansett Road and Skyline Drive) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Massasoit Avenue between the eastern sideline of Dearborn Street and (excluding any portion of Skyline Drive, Webster Street and Monohansett Road) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Maclean Street between the eastern sideline of Lover’s Lane and the northern sideline of Okorwaw Avenue and between the eastern sideline of Myrtle Street and the western sideline of Lover’s Lane;  Monomoy Avenue between the eastern sideline of Dearborn Street and (excluding any portion of Monohansett Road and Skyline Drive) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Prospect Street (aka Harriet Street) between the northern sideline of Boulevarde and the southern sideline of Pochick Avenue and between the northern sideline of Pocomo Avenue and (excluding any portion of Okorwaw Avenue) the eastern sideline of Dearborn Street;  Miacomet Avenue between the eastern sideline of Dearborn Street and (excluding any portion of Woodland Drive) to the southern sideline of Oniska Avenue; and  Oniska Avenue from the eastern property line of a parcel known as Assessor Map 68 parcel 68 and (excluding any portion of Monohansett Road) the western sideline of Macy’s Lane;  Poplar Street between the northern sideline of Nobadeer Avenue and the southern sideline of Pochick Avenue and between the northern sideline of Mequash Avenue and the southern sideline of the Boulevarde;  School Street (s.k.a. Auriga Street) between the eastern sideline of Atlantic Avenue and (excluding any portion of Weweeder Avenue) the southern sideline of Pochick Avenue;  Atlantic Avenue between the northern sideline of Nobadeer Avenue and (excluding any portion of Weweeder Avenue) the southern sideline of Pochick Avenue; and Subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 101” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. Page 133 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to sell, convey, release or otherwise dispose of any interests in all or any portion of thirty (30) unconstructed rights of way in the Surfside area of Nantucket, shown on a plan recorded at the Nantucket Registry of Deeds on May 17, 1889 at Plan Book 2, Page 60, but subsequently removed or eliminated in later subdivisions, such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include, the reservation of easements and restrictions, as identified in the Warrant under Article 101, subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, and as amended below:  Chappomis Avenue between the eastern sideline of Hawthorne Dearborn Street and (excluding any portion of Monohansett Road and Skyline Drive) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Oniska Avenue from the eastern property line of a parcel known as Assessor Map 68 parcel 68 and (excluding any portion of Monohansett Road and Woodland Drive) the western sideline of Macy’s Lane;  Poplar Street between the northern sideline of Nobadeer Avenue and the southern sideline of Pochick Avenue and (excluding any portion of Weweeder Avenue) between the northern sideline of Mequash Avenue and the southern sideline of the Boulevarde;  School Street (s.k.a. Aurgia Auriga Street) between the eastern sideline of Atlantic Avenue and (excluding any portion of Weweeder Avenue) the southern sideline of Pochick Avenue. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 101” dated January 2011. ARTICLE 102 (Real Estate Acquisition: Land and “Paper” Streets in Surfside) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portion of the following lands or unconstructed right of ways together with any public and private rights of passage, for public ways, open space and/or general municipal purposes:  The easterly half of Shimmo Street a.k.a. Myles Standish Street between the southern sideline of Nonantum Avenue to the Atlantic Ocean;  Atlantic Avenue from the eastern sideline of Uncatena Street, f.k.a. Wannacomet Street to the western lot line of a parcel of land shown on Assessor Map 87 as Parcel 43;  A parcel of land shown on Assessor Map 87 as Parcel 42;  A parcel of land shown on Assessor Map 87 as Parcel 44; Page 134 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions To see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 102” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portion of the lands or unconstructed right of ways together with any public and private rights of passage, for public ways, open space and/or general municipal purposes as identified under Article 102 of this Warrant, all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 102” dated January 2011. ARTICLE 103 (Real Estate Conveyance: Land and “Paper” Streets in Surfside) To see if the Town will vote to authorize the Board of Selectmen to (1) sell, convey or otherwise dispose of the fee or lesser interests in all or any portion of the subject land pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, (2) dedicate all or any portion of the subject land for open space and recreational purposes, and/or (3) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land to the Nantucket Islands Land Bank, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions, in regard to the following land:  The eastern half of Shimmo Street a.k.a. Myles Standish Street between the southern sideline of Nonantum Avenue to the Atlantic Ocean;  Atlantic Avenue from the eastern sideline of Uncatena Street, f.k.a. Wannacomet Street to the western lot line of a parcel of land shown on Assessor Map 87 as Parcel 43;  A parcel of land shown on Assessor Map 87 as Parcel 42;  A parcel of land shown on Assessor Map 87 as Parcel 44; and All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 103” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to (1) sell, convey or otherwise dispose of the fee or lesser interests in all or any portion of the subject land identified under Article 103 of this Warrant pursuant to Chapter 30B of Page 135 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, (2) dedicate all or any portion of the subject land for open space and recreational purposes, and/or (3) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land to the Nantucket Islands Land Bank, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions; all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 103” dated January 2011. ARTICLE 104 (Real Estate Conveyance: 144 Surfside Road) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of any interest the Town may have in, or to, part of that certain property located at 144 Surfside Road, more specifically, Lots 3 and 4 on Plan File 53A on file in the Nantucket County Registry District of the Land Court, subject to Massachusetts General Law chapter 30B, and to take any other action as may be related or appropriate thereto. (David E. Webster, Jr., et al) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to sell, convey or otherwise dispose of any interest the Town may have in, or to, part of that certain property located at 144 Surfside Road, more specifically, Lots 3 and 4 on Plan File 53A on file in the Nantucket County Registry District of the Land Court, subject to Massachusetts General Law chapter 30B. ARTICLE 105 (Real Estate Acquisition: “Paper” Street (Opposite Ann’s Lane) in Siasconset) 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 interests in all or any portions of a way opposite of Anns or Ann’s Lane bound by the eastern sideline of Baxter Road, the southern lot line of Assessor Map 49 Parcel 14, easterly by land owned by the Town of Nantucket and containing the Siasconset Bluffwalk (Assessor Map 49 Parcel 9), and the northern lot line of Assessor Map 49 Parcel 13 and to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 105” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action as related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of a way opposite of Anns or Ann’s Lane bound by the eastern sideline of Page 136 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Baxter Road, the southern lot line of Assessor Map 49 Parcel 14, easterly by land owned by the Town of Nantucket and containing the Siasconset Bluffwalk (Assessor Map 49 Parcel 9), and the northern lot line of Assessor Map 49 Parcel 13; all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 105”. ARTICLE 106 (Real Estate Conveyance: Land and “Paper” Street (Opposite Ann’s Lane) in Siasconset) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of all or any portion of a way opposite of Ann’s Lane bound by the eastern sideline of Baxter Road, the southern lot line of Assessor Map 49 Parcel 14, easterly by land owned by the Town of Nantucket and containing the Siasconset Bluffwalk (Assessor Map 49 Parcel 9), subject to M.G.L. c.30B and guidelines established under the “Nantucket Yard Sales” program on file with the Board of Selectmen’s office, and further to sell, convey or otherwise dispose of interests, but not including fee interests, of certain areas of land lying westward from the Siasconset Bluffwalk (portion of Assessor Map 49 Parcel 9) to the eastern lot lines of Assessor Map 49 Parcels 11, 12, 13, and 14, such disposition to be on the terms or conditions as the Board of Selectmen may deem appropriate, which may include the reservations of easements or restrictions; All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 106” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to sell, convey or otherwise dispose of all or any portion of a way opposite of Ann’s Lane bound by the eastern sideline of Baxter Road, the southern lot line of Assessor Map 49 Parcel 14, easterly by land owned by the Town of Nantucket and containing the Siasconset Bluffwalk (Assessor Map 49 Parcel 9), subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file with the Board of Selectmen’s office, and further to sell, convey or otherwise dispose of interests, but not including fee interests, of certain areas of land lying westward from the Siasconset Bluffwalk (portion of Assessor Map 49 Parcel 9) to the eastern lot lines of Assessor Map 49 Parcels 11, 12, 13, and 14, such disposition to be on the terms or conditions as the Board of Selectmen may deem appropriate, which may include the reservations of easements or restrictions; all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 106” dated January 2011. ARTICLE 107 (Real Estate Acquisition: Various “Paper” Streets) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for public ways, open space and/or general municipal Page 137 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions purposes the fee title or lesser interests, together with any public and private rights of passage, in all or any portions of the following unconstructed right of ways:  Proprietors Road in the Shimmo area known as Gardner Road bounded by the northeastern lot line of Parcels 131, 132, 133, the northeastern sideline of South Valley Road, the northeastern lot line of Parcels 134 and 135, the southeastern sideline of North Road, the southwestern lot line of Parcels 85, 86, and 92, and the northwestern lot line of Parcel 96; all as shown on Assessor Map 43;  Vestal Street bounded by the southern sideline of Dukes Road, the northern lot line of Parcels 244, 267 and 268, a line extending across Vestal Street from the northeastern corner of Parcel 268 to the southeastern corner of Parcel 246, and the southern sideline of Parcels 246 and 245; all as shown on Assessor Map 56;  Pollock (a.k.a. Pollack) Avenue and High Street between the southern sideline of Morgan Square and the northern sideline of Western Avenue; Morgan Square bounded by a line extending the southern sideline of Brooks Avenue across Morgan Square, the western and southern lot lines of Parcel 3.4, the southern lot line of Parcel 3.3, a line extending the eastern lot line of Parcel 3.3 across Morgan Square; a northern lot line of Parcel 4, the northern sideline of High Street, the northern lot line of Parcel 91, the northern sideline of Pollock (aka) Pollack) Avenue and the western and a northern lot lines of Parcel 86; and Western Avenue bounded by the southern lot lines of Parcel 93, 4, and 91 and the southern sidelines of Pollock Avenue, Washington Street and High Street, northern and western lot lines of Parcel 36, and eastern by a line extending across Western Avenue extending from the western lot line of Parcel 84; all as shown on Assessor Map 87;  Orleans Road between the southwestern sideline of Boston Avenue and the northern sideline of Brewster Road; all as shown on Assessor Map 54;  Hulbert Avenue Extension between a line perpendicular to the western sideline at a point where the northeast corner of Assessor Map 30 Parcel 49 intersects Hulbert Avenue Extension to Nantucket Sound;  Sherburne Turnpike-Lot P-5 as shown on a plan entitled “Proposed Modification of Sherburne Turnpike (a.k.a. Sherburne Avenue) dated February 2007, by Blackwell and Associates, Inc.” and on file at the Nantucket Registry of Deeds at Plan No. 2008-62; And, to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes. Page 138 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 107” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain, for public ways, open space and/or general municipal purposes the fee title or lesser interests, together with any public and private rights of passage, in all or any portions of the following unconstructed right of ways identified in Article 107 of this Warrant, all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 107” dated January 2011. ARTICLE 108 (Real Estate Conveyance: Various “Paper” Streets) To see if the Town will vote to authorize the Board of Selectmen to (1) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, (2) dedicate all or any portion of the subject land for open space and recreational purposes, and/or (3) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land to the Nantucket Islands Land Bank, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions, in regard to the following land:  Proprietors Road in the Shimmo area known as Gardner Road bounded by the northeastern lot line of Parcels 131, 132, 133, 134, and 135, the southeastern sideline of North Road, the southwestern lot line of Parcels 85, 86, and 92, and the northwestern lot line of Parcel 96; all as shown on Assessor Map 43;  Vestal Street bounded by the southern sideline of Dukes Road, the northern lot line of Parcels 244, 267 and 268, a line extending across Vestal Street from the northeastern corner of Parcel 268 to the southeastern corner of Parcel 246, and the southern sideline of Parcels 246 and 245; all as shown on Assessor Map 56;  Pollock (a.k.a. Pollack) Avenue and High Street between the southern sideline of Morgan Square and the northern sideline of Western Avenue; Morgan Square bounded by a line extending the southern sideline of Brooks Avenue across Morgan Square, the western and southern lot lines of Parcel 3.4, the southern lot line of Parcel 3.3, a line extending the eastern lot line of Parcel 3.3 across Morgan Square; a northern lot line of Parcel 4, the northern sideline of High Street, the northern lot line of Parcel 91, the northern sideline of Pollock (aka) Pollack) Avenue and the Page 139 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions western and a northern lot lines of Parcel 86; and Western Avenue bounded by the southern lot lines of Parcel 93, 4, and 91 and the southern sidelines of Pollock Avenue, Washington Street and High Street, northern and western lot lines of Parcel 36, and eastern by a line extending across Western Avenue extending from the western lot line of Parcel 84; all as shown on Assessor Map 87;  Orleans Road between the southwestern sideline of Boston Avenue and the northern sideline of Brewster Road; all as shown on Assessor Map 54;  Hulbert Avenue Extension between a line perpendicular to the western sideline at a point where the northeast corner of Assessor Map 30 Parcel 49 intersects Hulbert Avenue Extension to Nantucket Sound;  Sherburne Turnpike-Lot P-5 as shown on a plan entitled “Proposed Modification of Sherburne Turnpike (a.k.a. Sherburne Avenue) dated February 2007, by Blackwell & Associates, Inc.” and on file at the Nantucket Registry of Deeds at Plan No. 2008-62; All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 108” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to take the following actions on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions in regard to the various “paper” street lands as follows:  To sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the Proprietors Road in the Shimmo area known as Gardner Road pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, provided that the Board retains an easement over the existing travelled way where it is within the layout;  To sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of Vestal Street, Orleans Road, and Sherburne Turnpike-Lot P-5 pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office;  To sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of Morgan Square pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office. The balance of Morgan Square not conveyed, Pollock (a.k.a. Page 140 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Pollack) Avenue, High Street and Western Avenue may be conveyed to the Nantucket Islands Land Bank;  To sell, convey or otherwise dispose of the fee or lesser interests of a portion of Hulbert Avenue Extension, to be determined, but not including any land that may, in the opinion of the Board of Selectmen, provide for recreational beach use adjacent to Nantucket Sound, pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, with the balance being dedicated for open space and recreational purposes and incorporated into adjacent Town owned property located at 40 Bathing Beach Road (Assessor Map 29 Parcel 1); All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 108” dated January 2011. ARTICLE 109 (Real Estate Acquisition: Miscellaneous Land) 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 interests for public ways, open space and/or general municipal purposes in all or any portion of the following lands or unconstructed right of ways:  Map 75, Parcel 38, Jonathan Way  Map 21, Parcel 146, Rear Quidnet Road And to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 109” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain the fee title or lesser interests for public ways, open space and/or general municipal purposes in all or any portion of the following lands or unconstructed right of ways:  Map 75, Parcel 38, Jonathan Way  Map 21, Parcel 146, Rear Quidnet Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 109” dated January 2011. Page 141 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 110 (Real Estate Conveyance: Miscellaneous Land) To see if the Town will vote to authorize the Board of Selectmen to (1) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land pursuant to Chapter 30B of the Massachusetts General Laws, (2) dispose of same pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file with the Board of Selectmen’s office, (3) dedicate all or any portion of the subject land for open space and recreational purposes, and (4) sell, convey or otherwise dispose of the fee or lesser interests of any portion of the subject land to the Nantucket Islands Land Bank, any such disposition to be on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions in regard to the following land:  Map 75, Parcel 38, Jonathan Way  Map 21, Parcel 146, Rear Quidnet Road  Map 87, Parcel 91, Western Ave  Map 43, Parcel 92, Gardner Road  Map 42.2.3, Parcel 19, 76 Washington Street  Portion of Miller Lane, Lot B2, containing 38,577 square feet of land and a portion of Lot B1, labeled “Buffer Area”, containing 16,960 square feet of land, as shown on a plan entitled “Review Plan to Show Proposed Redivision of Lot B/Miller Ln.” prepared by Blackwell & Associates, Inc. dated September 25, 2008. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 110” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to take the following actions on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions in regard to the various land as follows:  To sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of Map 43 Parcel 92, known as 25 Gardner Road, pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, provided that the Board retains an easement over the existing travelled way;  To dedicate all or any portion of Map 75, Parcel 38, Jonathan Way and Map 21 Parcel 146, Rear Quidnet Road, for open space and recreational purposes, or sell, convey or otherwise dispose of the fee or lesser interests of any portion of the land identified to the Nantucket Islands Land Bank, or may sell, convey or otherwise dispose of the fee or lesser Page 142 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions interests of all or any portion pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, provided that a conservation restriction has been placed on the properties protecting their open space value to adjoining properties;  To dedicate all or any portion of Miller Lane, Lot B2 and all or any portion of Lot B-1 labeled “Buffer Area”, and Map 42.2.3 Parcel 19, 76 Washington Street for open space and recreational purposes, or to sell, convey or otherwise dispose of the fee or lesser interests of any portion of the land identified to the Nantucket Islands Land Bank; All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 110” dated January 2011. ARTICLE 111 (Real Estate Conveyance: Transfer of Miscellaneous Town Land to Airport) To see if the Town will vote pursuant to Chapter 40 section 15A to authorize the Board of Selectmen to transfer the care, custody, management and control of the following parcels of land to the Nantucket Memorial Airport for any and all airport purposes; any such disposition to be on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions in regard to the following land:  Map 78 Parcel 19, Surfside;  Map 79 Parcel 13, Weweeder Avenue;  Map 79 Parcel 63, Monohansett Road;  Map 79 Parcel 113, Monohansett Road;  Map 88 Parcel 36, Boulevarde  Weweeder Avenue between the western sideline of Everett Street to the western sideline of Russell Street  Everett Street between the southern sideline of Weweeder Avenue to the Atlantic Ocean, not including any portion of Boulevarde;  Boulevarde from the western sideline of Everett Street to the western sideline of Russell Street. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 111” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to transfer the care, custody, management and control of the following parcels of land to the Nantucket Memorial Airport for any and all airport purposes; any such disposition to be on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions in regard to the following land: Page 143 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Map 78 Parcel 19, Surfside;  Map 79 Parcel 13, Weweeder Avenue;  Map 88 Parcel 36, Boulevarde  Weweeder Avenue between the western sideline of Everett Street to the western sideline of Russell Street  Everett Street between the southern sideline of Weweeder Avenue to the Atlantic Ocean, not including any portion of Boulevarde;  Boulevarde from the western sideline of Everett Street to the western sideline of Russell Street. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 111” dated January 2011. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 112 (Real Estate Conveyance: Miscellaneous Land) To see if the Town will vote to authorize the transfer of the following parcels of land from the care and custody of the Nantucket Memorial Airport Commission to the Town of Nantucket and/or the Nantucket Islands Land Bank for any and all legal purposes:  Map 69 Parcel 3.1 (a portion of), 10 Sun Island Road;  Map 69 Parcel 106, 6 Sun Island Road; All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 112” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the following parcels of land are transferred from the care and custody of the Nantucket Memorial Airport Commission to the Town of Nantucket and/or the Nantucket Islands Land Bank for any and all legal purposes:  Map 69 Parcel 3.1 (a portion of), 10 Sun Island Road; All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 112” dated January 2011. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. Page 144 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 113 (Real Estate Conveyance: Industrial Land) 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 in all or any portion of Lots F, G, I and N as shown on a plan entitled “Subdivision Plan of Land” dated May 10, 2010 on file at the Nantucket Registry of Deeds at Plan No. 2010-62, subject to Chapter 30B of the Massachusetts General Laws and a finding by the Board of Selectmen that such sale, conveyance or release furthers community planning and environmental protection goals. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 113” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 114 (Real Estate Conveyance: Easement – Madequecham Valley Road) To see if the Town will vote to authorize the Board of Selectmen to grant an easement for any purposes for which public and private ways are commonly used in the Town of Nantucket over a certain parcel of land known as Assessor Map 78 Parcel 19 and a way, s.k.a. Madequecham Valley Road, a.k.a. Old Road, between Old South Road, a.k.a. Bunker Road, and the northern lot line of Assessor Map 78 Parcel 19, to the Nantucket Conservation Foundation, Inc. and other property owners with rights in a road shown as South Road laid out by the County Commissioners in October 1933 (see Road Book:3 page 337/C.C.O. #170) to be discontinued south of Shadbush Road through Lot F as shown on a plan entitled “Subdivision Plan of Land” dated May 10, 2010 on file at the Nantucket Registry of Deeds at Plan No. 2010-62 and Lots C and D (owned by the Nantucket Islands Land Bank) on a plan at the Nantucket Registry of Deeds at Plan No. 2010-15. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 114” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to grant an easement for any purposes for which public and private ways are commonly used in the Town of Nantucket over a certain parcel of land known as Assessor Map 78 Parcel 19 and a way, s.k.a. Madequecham Valley Road, a.k.a. Old Road, between Old South Road, a.k.a. Bunker Road, and the northern lot line of Assessor Map 78 Parcel 19, to the Nantucket Conservation Foundation, Inc. and other property owners with rights in a road shown as South Road laid out by the County Commissioners in October 1933 (see Road Book:3 page 337/C.C.O. #170) to be discontinued south of Shadbush Page 145 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Road through Lot F as shown on a plan entitled “Subdivision Plan of Land” dated May 10, 2010 on file at the Nantucket Registry of Deeds at Plan No. 2010-62 and Lots C and D (owned by the Nantucket Islands Land Bank) on a plan at the Nantucket Registry of Deeds at Plan No. 2010-15.All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 114” dated January 2011. ARTICLE 115 (Real Estate Conveyance: Grant of Easement - 143A Surfside Road) To see if the Town will vote to authorize the Board of Selectmen to grant an easement over land located at Map 80 Parcel 101.2: 143A Surfside Road, containing approximately 5,009 square feet, in order to provide for access for underground utilities to reach 143D Surfside Road, Map 80 Parcel 101.5. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 115” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Habitat for Humanity) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to grant an easement over land located at Map 80 Parcel 101.2: 143A Surfside Road, containing approximately 5,009 square feet, in order to provide for access for underground utilities to reach 143D Surfside Road, Map 80 Parcel 101.5, all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 115” dated January 2011. ARTICLE 116 (Appropriation: Stabilization Fund) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of the Stabilization Fund in accordance with Chapter 40 section 5B of the Massachusetts General Laws, from which appropriations may be made by a two-thirds vote of an Annual or Special Town Meeting for any purpose for which a municipality may borrow money or for any other lawful purpose; said sum not to exceed ten percent (10%) of the Fiscal Year 2011 tax levy. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 117 (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 Page 146 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions use in the fixing the tax rate, pass any vote, or take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Page 147 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Planning Board Report PLANNING BOARD REPORT Chapter 40A, section 5 of the Massachusetts General Laws authorizes the Planning Board (hereafter the Board) to issue an advisory report to Town Meeting. Although a motion for Articles 46 through 64 is printed in the Warrant, this report provides additional information to help voters understand the basis for each motion. In an effort to provide better information about the planning process, the Board felt it was important to add this report and a glossary to this year’s Warrant. The Board is guided by the approved Master Plan, unanimously accepted by Town Meeting in April of 20091. Overall, the Board’s motions are consistent with the goals and policies of the Master Plan and they represent a balanced approach to guiding the community’s future physical development. The information on each article is as follows: Article 46 implements a Board of Selectmen initiative to produce renewable energy at the landfill site and to participate in the Green Communities Program2. The purpose of the Article is to create a Wind Energy Overlay District (WEOD) where a large scale wind turbine(s) would be permitted under zoning subject to minor site plan review, which is consistent with Master Plan policies regarding Natural and Cultural Resources3. Additional permitting must be sought from other non-zoning agencies, such as the HDC. Articles 47 through 57 are Zoning Map changes. Articles 47 through 52 are sponsored by the Planning Board and Articles 53 through 57 are sponsored by citizens. In their development and review, the Board considered compliance with the Master Plan, including, but not limited to, such policies as:  Correcting Town and Country Overlay District anomalies4  Matching zoning districts with the character of the surrounding area5  Phasing out certain zoning districts6  Creating village neighborhood centers7  Protecting established neighborhoods from incompatible commercial uses8  Addressing issues in 6 of 18 identified Planning Areas9 1 Warrant Article 26 of the 2009 Annual Town Meeting 2 2010-2011 Board of Selectmen Goals and Objectives, revised through January 12, 2011 3 2009 Nantucket Master Plan, Goal 5.1 Policy 5.1.5, page 40-41 “To support the responsible development of alternative energy sources, including wind, …” 4 2009 Nantucket Master Plan, Figure 16, page 47 and Goal 2.2 Policy 2.2.1, page 90 (Articles 47, 49, 50, 51,and 52) 5 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.3, page 90 (Articles 47, 48, 49, 51, 52, 54, 55, and 56) 6 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.1a, page 90 (Articles 47, 48, 49, and 55) 7 2009 Nantucket Master Plan, Figure 15, page 46 and Goal 2.2, Policy 2.2.2, page 91 (Article 52) 8 2009 Nantucket Master Plan, Goal 2.2 Policy 2.2.2 and 2.2.3, page 91 (Articles 47, 48, and 49) 9 2009 Nantucket Master Plan, Figure 17, page 48 (Articles 47, 48, 49, 52, 55, and 57) Page 148 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Planning Board Report Planning Board sponsored articles advance Master Plan actions identified in the “Zoning District Implementation Schedule”10. The Board recommended citizen articles that either advance or were not in contradiction with policy and implementation goals. Articles 54 and 57 were amended by the Board to remove parcels where development impacts were adverse to sound planning principles. Overall, the proposed map changes balance additions and reductions in future development, remove development potential in an environmentally sensitive location next to Miacomet Pond, and focuses commercial development in identified neighborhood centers11. Articles 58, 61, 63, and 64 are Planning Board sponsored Zoning Bylaw amendments. Of these four Articles, 63 is the most important, as it would reduce barriers to the creation of affordable or moderate income housing12. Articles 61 and 64 are low impact or technical corrections. Article 58, regarding swimming pools, will require additional study by a work group. Articles 59 and 60 are citizen sponsored Zoning Bylaw amendments. The Planning Board strongly opposes Article 59 for reasons articulated in the comment section of Article 59. The Board must stress that the Article clashes with advice and direction provided in numerous studies13 following the 1990 Goals and Objectives for Balanced Growth recommendation to study a downtown parking garage14. The purpose of Article 60 is to modify the definition of Lot Area, which currently references State wetlands regulations, to also include a reference to the local Wetlands Bylaw. The Board supports this Article as a good practice and notes that it clarifies the authority of the Conservation Commission to establish wetland boundaries15. The Planning Board recognizes the hard work of its staff, the active participation by citizens, and appreciates the thoughtful review of these articles by Town Meeting voters. If you have questions or concerns about the zoning articles, we encourage you to seek answers in advance of Town Meeting from individual Board members or contact Planning Office staff at 508-228-7233. 10 2009 Nantucket Master Plan, Figure 39, page 90 (Articles 47, 48, 49, 50, 51, 52, and 55) 11 2009 Nantucket Master Plan, Figure 15, page 46 (Articles 47, 48, and 52) 12 2009 Nantucket Master Plan, page 49, and Goal 3.1 Policy 3.1.1, page 92 13 Wilkes Square Redevelopment, September 15, 2010; 2009 Downtown Parking Study, Tetra Tech Rizzo; 2009 Nantucket Master Plan, page 55; Downtown Circulation and Ferry Access Improvement Study, Milone and MacBroom, 2008; 2007 Regional Transportation Plan 14 2009 Nantucket Master Plan, Goal 4.1 Policy 4.1.4, page 93 15 2007 Open Space and Recreation Plan, Goal 1 Objective 1.C.9, page 218 “The Town should continue to promote and enforce regulations which ensure development in Nantucket which is compatible with and promotes natural resources” Page 149 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary Zoning Article Glossary The Planning Board has provided this glossary to serve as a summarized reference for selected terms in Articles 46 through 64. Article 46 310 CMR 7.10 Noise – the DEP has established a Noise Level Policy for implementing this regulation. “The policy specifies that the ambient sound level, measured at the property line of the facility or at the nearest inhabited buildings, shall not be increased by more than 10 decibels weighted for the "A" scale [dB(A)] due to the sound from the facility during its operating hours.” “The ambient sound level is rarely found to be constant over time, and is usually quite variable. The ambient sound level is considered to be the level that is exceeded 90% of the time that the noise measurements are taken. This sound level may also be established by other means with the consent of the DEP.” “The guideline further states that the facility shall not produce a pure-tone condition at the property line (or at the nearest inhabited buildings). A pure-tone exists if the sound pressure level, at any given octave band center frequency, exceeds the levels of the two adjacent octave bands by three (3) or more decibels.” (Source: http://www.airandnoise.com/MA310CMR710.html) Articles 47 through 57 The intensity regulations, pursuant to the Code of the Town of Nantucket, Chapter 139 (Zoning), section 16 are referenced below. Intensity Regulations - Zoning Bylaw Section 139-16 Yard Setback Zoning District Minimum Lot Size (square feet) Front (feet) Rear/Side (feet) Frontage (feet) Ground Cover Ratio LUG-3 120,000 35 20 200 3% LUG-2 80,000 35 15 150 4% LUG-1 40,000 35 10 100 7% R-40 40,000 30 10 75 10% R-20 20,000 30 10 75 12.5% R-10 10,000 20 10 75 25% R-1 5,000 10 5 50 30% ROH 5,000 0 5 40 50% RC-2 5,000 10 5 40 50% VTEC 40,000 30 20 100 7% Page 150 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary Spot Zoning – the Massachusetts Supreme Judicial Court found that spot zoning occurs where one lot or a small area has been singled out for treatment less onerous than that imposed upon nearby, indistinguishable properties. The Court of Appeals has found that spot zoning arises “where a zoning change is designed solely for the economic benefit of the owner of the property receiving special treatment and is not in accordance with a well considered plan for the public welfare.” (Source: Massachusetts Municipal Association) “In assessing spot zoning challenges, it is quite proper to consider the effect of the zoning change on the municipality as a whole. The court now favors a balancing test to assess a spot zoning challenge. This is especially important where the growth of the municipality has been addressed by a plan.” Challenges alleging spot zoning have a heavy burden of proof, as great weight is given to validity arising from the Town Meeting process. The total area being rezoned is only important where it is not an extension of a district by the inclusion of border lots. Generally, newly established zoning areas greater than two acres are not considered to be a spot zone. (Source: Bobrowski, Mark “Handbook of Massachusetts Land Use and Planning Law” pages 91through 95) Split Lots – lots split by two or more zoning district boundaries. Determining an accurate reference point for the zoning boundary can be difficult for the property owner and the Town. It is considered a good planning practice to place lots in a single zoning district whenever possible. (Source: Bobrowski, Mark “Handbook of Massachusetts Land Use and Planning Law” pages 386 and 387) Country Overlay District (COD) – a zoning overlay district encompassing those areas not included in the Town Overlay District. The purpose of the COD is to preserve areas characterized by traditional and historic rural land use patterns and to discourage the spread of dispersed development patterns that promote automobile dependency. (Source: Chapter 139 of the Code of the Town of Nantucket, section 12F) Town Overlay District (TOD) – a zoning overlay district encompassing those areas not included in the Country Overlay District. The purpose of the TOD is to encourage development within an area where infrastructure already exists or can be extended without undue expense, to create opportunities to produce affordable housing for year-round residents through in-fill development and to create development patterns that are conducive to service by alternatives to the automobile, such as transit, bicycle, and pedestrian systems. (Source: Chapter 139 of the Code of the Town of Nantucket, section 12E) Articles 58, 59, 61, and 62 Special Permit – requires a super-majority (4 out of 5 members in favor) vote of the special permit granting authority. Special permits may impose conditions, safeguards, and limitations intended to ensure that the use or structure is in harmony with the general purpose and intent of the Zoning Bylaw. (Source: Chapter 139 of the Code of the Town of Nantucket, section 30) Page 151 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary Variance – requires a super-majority (4 out of 5 members in favor) vote of the Zoning Board of appeals. Variances are granted for land or structures that cannot meet the requirements of the Zoning Bylaw. A specific finding is required that due to the circumstances relating to the soil conditions, shape or topography of such land or structures, a literal enforcement of the Zoning Bylaw would involve substantial hardship, financial or otherwise, to the applicant. The Board must also find that the relief would not cause substantial detriment to the public good and would not nullify or substantially derogate from the intent or purpose of the Zoning Bylaw. (Source: Chapter 139 of the Code of the Town of Nantucket, section 32) Articles 61 and 62 Accessory Use – separate structures, buildings or uses which are subordinate and customarily incidental to a principal structure, building or use located on the same lot. Accessory uses shall not be construed to include a building or structure used in whole or in part for human habitation. (Source: Chapter 139 of the Code of the Town of Nantucket, section 2) Article 63 Ground Cover Ratio – the ground cover of a lot divided by the area of the lot, expressed as a percentage. (Source: Chapter 139 of the Code of the Town of Nantucket, section 2) Articles 63 and 64 NHNC Covenant – a voluntary covenant to maintain housing that is affordable to households who earn less than 150% of the Nantucket County median household income. The covenant is recorded at the Registry of Deeds and is enforceable by the Nantucket Housing Authority. (Source: Chapter 139 of the Code of the Town of Nantucket, section 2)