HomeMy WebLinkAbout2012 warrant with FC motions FINALTOWN OF NANTUCKET
2012 Annual Town Meeting
Saturday, March 31, 2012
8:30 AM
Nantucket High School
Page i
Town of Nantucket 2012 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
Rick Atherton, Chairman
Whitey Willauer, Vice Chairman
Robert DeCosta
Michael Kopko
Patricia Roggeveen
FINANCE COMMITTEE
Matthew T. Mulcahy, Chairman
Timothy M. Soverino, Vice Chairman
Matthew Fee
Christopher J. Kickham
James R. Kelly
Stephen McCluskey
Peter Morrison
John Tiffany
Clifford Williams
PLANNING BOARD
Barry G. Rector, Chairman
Sylvia Howard
Nathaniel Lowell
John McLaughlin
Linda Williams
MODERATOR
Sarah F. Alger
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Town of Nantucket 2012 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
Cover photo courtesy of Nicole Harnishfeger
Page iii
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2012 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 3
4 Revolving Accounts: Annual Authorization 7
5 Appropriation: Reserve Fund 8
6 Fiscal Year 2012 General Fund Budget Transfers 8
7 Personnel Compensation Plans for Fiscal Year 2013 9
8 Appropriation: Fiscal Year 2013 General Fund Operating Budget 11
9 Appropriation: Health and Human Services 14
10 Appropriation: General Fund Capital Expenditures 14
11 Appropriation: Renovation of 20 South Water Street 15
12 Appropriation: Construction of Hummock Pond Road Bicycle Path 16
13 Appropriation: Wind Turbine at Madaket Landfill 16
14 Appropriation: Fiscal Year 2013 Enterprise Funds Operations 17
15 Appropriation: Enterprise Funds Capital Expenditures 18
16 Enterprise Funds: Fiscal Year 2012 Budget Transfers 20
17 Appropriation: Waterways Improvement Fund 21
18 Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2012 21
19 Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2013 22
20 Home Rule Petition: Airport Aviation Fuel Revolving Fund 22
21 Appropriation: Ambulance Reserve Fund 23
22 Appropriation: County Assessment 23
23 Appropriation: Finalizing Fiscal Year 2013 County Budget 24
24 Rescind Unused Borrowing Authority 24
25 Appropriation: Ferry Embarkation Fee 25
26 Appropriation: Collective Bargaining Agreement/Fire 25
27 Appropriation: Collective Bargaining Agreement/Fire 26
28 Appropriation: Collective Bargaining Agreement/Laborer’s Union 26
29 Appropriation: Collective Bargaining Agreement/DPW 26
30
Community Preservation Committee: Fiscal Year 2012 Budget Transfers/
Beaugrand 27
31 Appropriation: FY 2013 Community Preservation Fund/Beaugrand 27
32 Appropriation: Nobadeer Farm Road Playing Fields/Beaugrand 32
33 Authorization to Establish Revolving Fund for Records Preservation/Stover 33
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2012 ANNUAL TOWN MEETING
TABLE OF CONTENTS
Article Number
Page
Number
34 Appropriation: Comprehensive Tick-borne Disease Program/Dunton 33
35 Appropriation: Tom Nevers Bus Route/Dunton 34
36 Appropriation: Tom Nevers Bike Lane/Bartlett 34
37
Zoning Map Change: Washington Street, Straight Wharf, Old North Wharf, Easy
Street, Whaler Lane, and South Beach Street 34
38 Zoning Map Change: Commercial Downtown District 37
39
Zoning Map Change: Main Street, Howard Street, Howard Court, Gardner Street,
Liberty Street, Quarter Mile Hill, Lowell Place 39
40 Zoning Map Change: Old South Road 41
41
Zoning Map Change: Green Meadows, Miacomet Avenue, Point Judith Lane,
Celtic Drive, Valley View Drive, Otokomi Road, Boucher Way, Penny Lane, Essex
Road, Cynthia Lane, and Thurstons Way 43
42 Zoning Map Change: Fawn Lane and Toms Way 54
43 Zoning Map Change: Thurstons Way/Gillies 55
44 Zoning Map Change: Appleton Road 56
45 Zoning Map Change: Marble Way, Somerset Road, and Bartlett Road 57
46
Zoning Map Change: Commercial Neighborhood – Surfside Road, Windy Way,
and Ariel Avenue 59
47
Zoning Map Change and Zoning Bylaw Change: Village Neighborhood District –
Polpis Road 61
48 Zoning Map Change: R-40 – Town Overlay District 62
49 Zoning Map Change: LUG-3 – Country Overlay District 70
50 Zoning Map Change: Surfside 78
51 Zoning Map Change: Wauwinet 81
52 Zoning Map Change: Siasconset Center 84
53 Zoning Map Change: Siasconset SR-20 to SR-10 85
54 Zoning Map Change: Flex Development and Open Space Residential Design 89
55 Zoning Bylaw Amendment: Public Wellhead Recharge District 99
56 Zoning Bylaw Amendment: Technical Corrections/Miscellaneous 100
57 Zoning Bylaw Amendment: Solar Energy Overlay District/Stott 103
58 Bylaw Amendment: Shellfish, Taking of 109
59 Bylaw Amendment: Town Property, Conveyance of 110
60 Bylaw Amendment: Personnel 111
61 Bylaw Amendment: Coastal Properties Owned by Town, Management of/Reade 111
62 Bylaw Amendment: Coastal Properties Owned by Town, Management of/Reade 112
63 Bylaw Amendment: Coastal Properties Owned by Town, Management of/Reade 113
64 Bylaw Amendment: Coastal Properties Owned by Town, Management of/Stover 114
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2012 ANNUAL TOWN MEETING
TABLE OF CONTENTS
Article Number
Page
Number
65 Bylaw Amendment: Coastal Properties Owned by Town, Management of/Stover 114
66 Bylaw Amendment: Parking/Sanders 115
67 Bylaw Amendment: Community Preservation Committee 116
68 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes 118
69 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes 121
70 Bylaw Amendment: Board of Sewer Commissioners 122
71
Home Rule Petition: Lease/License of Town-owned Land for Private Erosion
Control Measures/Stover 122
72 Home Rule Petition: Amendment of Historic District Commission Act 123
73 Home Rule Petition: Land Bank Real Estate Conveyance 125
74 Home Rule Petition: Real Estate Conveyance to Land Bank 126
75 Home Rule Petition: Harbor and Shellfish Advisory Board 127
76 Home Rule Petition: Nantucket Mosquito Control Project 129
77 Home Rule Petition: Regulation of Fertilizer Use 131
78
Acceptance of Massachusetts General Law: Senior Citizen Tax Bill Work-off
Program 133
79 Real Estate Conveyance: 149 Surfside Road/Glidden 134
80 Real Estate Disposition: 47 Boulevarde 134
81 Real Estate Conveyance: Pochick Avenue 135
82
Real Estate Acquisition: Albert F. Egan, Jr. and Dorothy H. Egan Foundation, Inc.
and the Dorothy Harrison Egan Foundation Properties 135
83 Real Estate Acquisition: “Paper” Streets in Surfside 137
84 Real Estate Conveyance: “Paper” Streets in Surfside 140
85 Real Estate Acquisition: “Paper” Streets 143
86 Real Estate Conveyance: “Paper” Streets 146
87 Real Estate Acquisition: “Paper” Streets for Coastal Access and Open Space 149
88 Real Estate Conveyance: “Paper” Streets for Coastal Access and Open Space 150
89
Real Estate Acquisition: “Paper” Streets Adjacent to Land Bank Properties –
Bartlett Road 151
90 Real Estate Acquisition: Miacomet Park "Paper" Streets 152
91 Real Estate Acquisition: Weweeder Valley "Paper" Streets 154
92 Real Estate Conveyance: Land Bank – Miscellaneous Land 155
93 Real Estate Conveyance: Miscellaneous 156
94 Real Estate Acceptance: Beach Parcel Formerly Part of Nonantum Avenue 158
95 Real Estate Conveyance: Industrial Land 159
96 Real Estate Disposition: Hawthorne Street 159
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2012 ANNUAL TOWN MEETING
TABLE OF CONTENTS
Article Number
Page
Number
97 Appropriation: Stabilization Fund 160
98 Appropriation: Free Cash 160
Planning Board Report 161
Zoning Article Glossary 163
NOTES:
1. PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED
BY THE PETITIONERS AND MAY CONTAIN
TYPOGRAPHICAL AND OTHER ERRORS
2. UNLESS OTHERWISE NOTED UNDER THE FINANCE
COMMITTEE MOTION, ALL VOTES NEEDED FOR PASSAGE
OF ARTICLES IS A SIMPLE MAJORITY.
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Town of Nantucket 2012 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 2011 Annual Town Report or as may come before this meeting; or to take any other
action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the reports of various departments and
committees as are printed in the Fiscal Year 2011 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; or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Twenty-eight Thousand Two Hundred Forty-
one Dollars Fifty-four Cents ($28,241.54) be appropriated from the Fiscal Year 2013 tax levy
and other general revenues of the Town to pay the General Fund unpaid bills from prior fiscal
years; that Eight Thousand Ninety-nine Dollars ($8,099) be appropriated from Fiscal Year 2013
Siasconset Water Anticipated Revenues of the Siasconset Water Enterprise Fund to pay the
Siasconset water enterprise fund unpaid bills from prior fiscal years; that Five Thousand Seven
Hundred Twenty-six Dollars Fifty Cents ($5,726.50) be appropriated from Fiscal Year 2013
Solid Waste Anticipated Revenues of the Solid Waste Enterprise Fund to pay the solid waste
enterprise fund unpaid bills from prior fiscal years; that Three Thousand Five Hundred Sixty-
one Dollars Fifty-five Cents ($3,561.55) be appropriated from Fiscal Year 2013 Our Island
Home Anticipated Revenues of Our Island Home Enterprise Fund to pay the Our Island Home
enterprise funds unpaid bills from prior fiscal years; that Five Thousand Eight Hundred Ninety-
five Dollars Eighty- five Cents ($5,895.85) be appropriated from Fiscal Year 2013 Wannacomet
Water Anticipated Revenues of the Wannacomet Water Enterprise Fund to pay the
Wannacomet water enterprise fund unpaid bills from prior fiscal years; that Five Hundred
Eighteen Thousand Seven Hundred Eighty-three Dollars and Eighty-two Cents ($518,783.82)
be appropriated from Fiscal Year 2012 Nantucket Memorial Airport Revenues of the Nantucket
Memorial Airport Enterprise Fund to pay the Airport enterprise fund unpaid bills from prior fiscal
years; that Two Hundred Forty-three Thousand Nine Hundred Ninety-four Dollars and Three
Cents ($243,994.03) be appropriated from Fiscal Year 2013 tax levy and other general
revenues of the Town to pay the Airport enterprise fund unpaid bills from prior fiscal years:
DEPARTMENT VENDOR AMOUNT
Fire Department Firematic Supply Co. $460.00
Health Department Nantucket Cottage Hospital $960.00
Nantucket School Department Mass Teachers Retirement System $16,591.00
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Marine Department Medwar Electronics $221.23
Police Department West Information $246.69
Police Department Santos Rubbish Removal $240.50
Police Department P&M Reis Trucking $127.50
Police Department Bill Mogensen $250.00
Police Department Guardian Information Technologies $924.14
Public Works Atlantic Design $4,285.00
Public Works Inquirer and Mirror $210.00
Public Works AECOM, Inc. $810.36
Public Works Island Road Materials, Inc. $2,599.88
Public Works Albert Ottison, Reimbursement $60.00
Public Works Medical Affiliates of Cape Cod $130.24
Senior Services Yates Gas $125.00
Subtotal General Fund Expense $28,241.54
Siasconset Water
Town of Nantucket (Balance of indirect
costs) $8,069.00
Siasconset Water Inquirer and Mirror $30.00
Subtotal Siasconset Water Enterprise Fund $8,099.00
Solid Waste Enterprise Fund Deutsch Williams $351.50
Solid Waste Enterprise Fund
Town of Nantucket (Balance of indirect
costs) $5,375.00
Subtotal Solid Waste Enterprise Fund Expense $5,726.50
Our Island Home Enterprise Fund Kopelman and Paige, PC $2,957.50
Our Island Home Enterprise Fund New England Office Supply $19.44
Our Island Home Enterprise Fund McKesson Medical Surgical Supply $22.65
Our Island Home Enterprise Fund Sysco Boston, LLC $561.96
Subtotal Our Island Home Enterprise Fund Expense $3,561.55
Wannacomet Water Enterprise Fund Robert Gardner, Reimbursement $127.70
Wannacomet Water Enterprise Fund Robert Gardner, Reimbursement $121.15
Wannacomet Water Enterprise Fund
Town of Nantucket, Balance of Indirect
Costs for 2011 $5,647.00
Subtotal Wannacomet Water Enterprise Fund Expense $5,895.85
Airport Enterprise Fund Ascent Aviation Group, Inc. Invoices $514,642.12
Airport Enterprise Fund Ascent Aviation Group, Inc. Interest $15,439.26
Airport Enterprise Fund A Taste of Nantucket $23,523.03
Airport Enterprise Fund Kopelman and Paige, P.C. $13,550.44
Airport Enterprise Fund Cowboys $6,476.20
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Airport Enterprise Fund ADB Airfield Solutions $3,730.44
Airport Enterprise Fund ACK-Air Duct $3,595.50
Airport Enterprise Fund Workforce Integrity Networks $1,970.40
Airport Enterprise Fund Nantucket Auto Body $ 1,570.20
Airport Enterprise Fund Yates Gas $1,554.80
Airport Enterprise Fund Door Concepts, Inc. $1,331.94
Airport Enterprise Fund Inquirer & Mirror $834.75
Airport Enterprise Fund Progressive Business Publications $253.00
Airport Enterprise Fund Aramark $227.94
Airport Enterprise Fund Franklin Paint Co. $101.43
Airport Enterprise Fund Signet $41.40
Airport Enterprise Fund Town of Nantucket (Indirect Costs) $173,935.00
Subtotal Airport Enterprise Fund $762,777.85
FINANCE COMMITTEE COMMENT: The Committee’s motion was made with the expectation
that the Airport Enterprise Fund, when able, will reimburse the General Fund the amount of
$243,994.03 for the unpaid bills listed above.
Quantum of vote required for passage of this motion is 4/5.
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; or to take any other action
related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that ten-year unspent bond proceeds from
borrowing be re-appropriated or transferred from completed projects to other projects in
accordance with Chapter 44, Section 20 of the General Laws, as follows:
FROM TO AMOUNT
Article 13 of 2002 Annual Town
Meeting (Airport - Electric Security
Gates)
Article 13 of 2003 Annual Town
Meeting (Airport - Design &
Rehabilitate Runway 6) $117,285.65
Article 13 of 2002 Annual Town
Meeting (Airport - Electric Security
Gates)
Article 13 of 2009 Annual Town
Meeting (Airport - Professional
services for design, permitting and
construction of the airport rescue
and firefighting building) $2,937.25
Article 13 of 2002 Annual Town
Meeting (Airport - Emergency Security
Plan, Fencing and Equipment)
Article 13 of 2003 Annual Town
Meeting (Airport - Design &
Rehabilitate Runway 6) $199,726.75
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Article 13 of 2003 Annual Town
Meeting (Airport - Design & Install
Runway 6 Landing System)
Article 13 of 2009 Annual Town
Meeting (Airport - Professional
services for design, permitting and
construction of the airport rescue
and firefighting building) $12,000.00
Article 14 of 2003 Annual Town
Meeting (Airport - Employee Housing
Construction)
Article 13 of 2004 Annual Town
Meeting (Airport - Runway 6
Rehabilitation Supplemental
Funding) $42,484.58
Article 14 of 2003 Annual Town
Meeting (Airport - Employee Housing
Construction)
Article 13 of 2004 Annual Town
Meeting (Airport - Rehabilitate Fuel
Farm) $70,000.00
Article 14 of 2003 Annual Town
Meeting (Airport - Employee Housing
Construction)
Article 13 of 2009 Annual Town
Meeting (Airport - Professional
services for design, permitting and
construction of the airport rescue
and firefighting building) $5,243.62
Article 14 of 2003 Annual Town
Meeting (Airport - Paving
Maintenance)
Article 72 of 2005 Annual Town
Meeting (Airport - Real Estate
Acquisition Daisy Way) $93,186.24
Article 14 of 2003 Annual Town
Meeting (Airport - Paving
Maintenance)
Article 13 of 2004 Annual Town
Meeting (Airport - Macy Lane Bike
path & Airport Entryway
Supplemental Funding) $79,173.76
Article 14 of 2003 Annual Town
Meeting (Airport - Implement Security
Measures)
Article 13 of 2004 Annual Town
Meeting (Airport - Macy Lane Bike
path & Airport Entryway
Supplemental Funding) $144,435.74
Article 14 of 2003 Annual Town
Meeting (Airport - Implement Security
Measures)
Article 13 of 2009 Annual Town
Meeting (Airport - Professional
services for design, permitting and
construction of the airport rescue
and firefighting building) $18,936.08
Article 14 of 2003 Annual Town
Meeting (Airport - Implement Security
Items Construct TSA Building and
Stabilize Security Roadway)
Article 13 of 2009 Annual Town
Meeting (Airport - Professional
services for design, permitting and
construction of the airport rescue
and firefighting building) $24,552.74
Article 13 of 2005 Annual Town
Meeting (Airport - Installation of Fuel
System
Article 13 of 2009 Annual Town
Meeting (Airport - Professional
services for design, permitting and
construction of the airport rescue
and firefighting building) $1,350.00
Article 13 of 2005 Annual Town
Meeting (Airport - Landscaping at
Airport Entrance)
Article 13 of 2009 Annual Town
Meeting (Airport - Professional
services for design, permitting and
construction of the airport rescue
and firefighting building) $1,277.98
Article 13 of 2005 Annual Town
Meeting (Airport - Implementation of
Security Measures)
Article 12 of 2007 Annual Town
Meeting (Airport - Costs associated
with improvements to Taxiway “E”) $37,880.71
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Article 13 of 2005 Annual Town
Meeting (Airport - Implementation of
Security Measures)
Article 13 of 2009 Annual Town
Meeting (Airport - Professional
services for design, permitting and
construction of the airport rescue
and firefighting building) $9,587.97
Article 14 of 2003 Annual Town
Meeting (Airport - Airport Employee
Housing Construction)
Article 12 of 2007 Annual Town
Meeting (Airport - Costs Associated
with Air Freight Building
Rehabilitation) $174,799.30
Article 14 of 2003 Annual Town
Meeting (Airport - Implement Security
Measures)
Article 12 of 2007 Annual Town
Meeting (Airport - Costs Associated
with Air Freight Building
Rehabilitation) $75,200.70
Article 14 of 2003 Annual Town
Meeting (Airport - Implement Security
Measures)
Article 13 of 2003 Annual Town
Meeting (Airport - Design &
Rehabilitate Runway 6) $13,075.95
Article 14 of 2005 Annual Town
Meeting (Airport - Design and
Construct New Airport Terminal
Building)
Article 13 of 2009 Annual Town
Meeting (Airport - Professional
services for design, permitting and
construction of the airport rescue
and firefighting building) $268,507.75
Article 14 of 2005 Annual Town
Meeting (Airport - Design and
Construct New Airport Terminal
Building)
Article 13 of 2008 Annual Town
Meeting (Airport - Reconstruct
Hangars) $222,321.99
Article 14 of 2003 Annual Town
Meeting (Airport - Implement Security
Measures)
Article 13 of 2008 Annual Town
Meeting (Airport - Reconstruct
Hangars) $106,255.88
And, further that five-year unspent bond proceeds from borrowing are re-appropriated or
transferred from completed projects to other projects in accordance with Chapter 44, Section
20 of the General Laws, as follows:
FROM TO AMOUNT
Article 13 of 2005 Annual Town
Meeting (Airport - Purchase of Airfield
Vehicles and Equipment)
Article 14 of 2002 Annual Town
Meeting (Airport - Airport Terminal
Design) $16,236.00
Article 13 of 2006 Annual Town
Meeting (Airport - Purchase of New
Airfield Equipment)
Article 14 of 2002 Annual Town
Meeting (Airport - Airport Terminal
Design) $40,049.62
Article 13 of 2006 Annual Town
Meeting (Airport - Fuel Truck
Containment)
Article 13 of 2008 Annual Town
Meeting (Airport - Purchase and
Repair of Airfield Vehicles and
Equipment) $61,793.60
Article 13 of 2006 Annual Town
Meeting (Airport - Fuel Truck
Containment)
Article 13 of 2002 Annual Town
Meeting (Airport - Employee Housing
Design) $6,701.03
Article 13 of 2006 Annual Town
Meeting (Airport - Fuel Truck
Containment)
Article 14 of 2002 Annual Town
Meeting (Airport - Airport Terminal
Design) $30,212.47
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Article 13 of 2006 Annual Town
Meeting (Airport - Purchase of
Emergency Generator)
Article 14 of 2002 Annual Town
Meeting (Airport - Airport Terminal
Design) $150,000.00
Article 13 of 2005 Annual Town
Meeting (Airport - Purchase of Airfield
Vehicles and Equipment)
Article 12 of 2007 Annual Town
Meeting (Airport - Airfield Vehicles) $139,144.08
And, further that five-year unspent bond proceeds from borrowing are re-appropriated or
transferred from completed debt exclusion override projects to other projects in accordance
with Chapter 44, Section 20 of the General Laws, as follows:
FROM TO AMOUNT
Article 10 of 2003 Annual Town
Meeting (Construction of sidewalk
ramps in accordance with Americans
with Disabilities Act Requirement)
Article 28 of 2005 Annual Town
Meeting (Hummock Pond Road
Bicycle Path design and required
studies) $50,000.00
Article 10 of 2003 Annual Town
Meeting (Various sidewalk and bike
path improvements)
Article 28 of 2005 Annual Town
Meeting (Hummock Pond Road
Bicycle Path design and required
studies) $75,000.00
And, further that prior year projects funded from the tax levy; other general revenues of the
town; or free cash in the treasury of the town are re-appropriated or transferred to other
projects in accordance with G.L. Chapter 44 or any other applicable statute, as follows:
FROM TO AMOUNT
Article 10 of 2008 Annual Town Meeting
(DPW - Purchase of a bobcat
attachment)
Article 12 of 2007 Annual Town
Meeting (Airport - Purchase new
airfield equipment) $14,000.00
Article 10 of 2000 Annual Town Meeting
(Design, construction, permitting,
installation and other related fees for
Prospect Street Sidewalk)
Article 12 of 2007 Annual Town
Meeting (Airport - Purchase new
airfield equipment) $2,257.16
Article 20 of 2006 Annual Town Meeting
(Professional services pertaining to the
potential use or reuse of land, buildings
and infrastructure in the vicinity of
Nantucket Harbor)
Article 12 of 2007 Annual Town
Meeting (Airport - Purchase new
airfield equipment) $46,908.00
Article 20 of 2006 Annual Town Meeting
(Professional services pertaining to the
potential use or reuse of land, buildings
and infrastructure in the vicinity of
Nantucket Harbor)
Article 13 of 2002 Annual Town
Meeting (Airport - Purchase new
airfield equipment) $54,737.05
Article 10 of 2009 Annual Town Meeting
(Public Works – Road repairs and
improvement, including professional
services for design, permitting and
construction, at the intersection of
Orange Street and Union Street)
Article 13 of 2002 Annual Town
Meeting (Airport - Purchase new
airfield equipment) $76,417.17
Article 10 of 2001 Annual Town Meeting Article 13 of 2002 Annual Town $35,000.00
Page 7
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
(Improvements to sidewalks and
crosswalks for compliance with
Americans with Disabilities Act)
Meeting (Airport - Purchase new
airfield equipment)
Article 10 of 2000 Annual Town Meeting
(Design, construction, permitting,
installation and other related fees for
Prospect Street Sidewalk)
Article 13 of 2002 Annual Town
Meeting (Airport - Purchase new
airfield equipment) $5,949.21
Article 10 of 2011 Annual Town Meeting
(Public Works – Purchase Replacement
Vehicle(s))
Article 13 of 2002 Annual Town
Meeting (Airport - Purchase new
airfield equipment) $11,000.00
Article 10 of 2009 Annual Town Meeting
(Public Works – Replacement of one (1)
Packer Truck)
Article 13 of 2002 Annual Town
Meeting (Airport - Purchase new
airfield equipment) $30,977.25
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 2013; or to take
any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hereby
authorized to continue during Fiscal Year 2013 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
$330,000
Tennis Court Tennis fees
Town Manager with
approval of Park &
Recreation
Commission
Operation, maintenance of tennis court facility and housing for seasonal staff $70,000
Conservation
Fund
Conservation
Commission application fees
Town Manager with
approval of Conservation
Commission
Consulting services in connection with
professional review of applications $8,500
Code Enforcement
Inspections
20% of
Plumbing/Gas
and Wiring
Fees
Town Manager with approval of Board of
Selectmen
Increased hours for part-time plumbing/gas and wiring inspectors when needed $20,000
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
Page 8
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
FUND
REVENUE
SOURCE
AUTHORITY TO
SPEND USE OF FUND
SPENDING
LIMIT
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 $6,000
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
2013; said sum not to exceed five (5) percent of the Fiscal Year 2012 tax levy; or to take any
other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Five Hundred Thousand Dollars ($500,000) be
raised and appropriated from the Fiscal Year 2013 tax levy and other general revenues of the
Town to establish a Reserve Fund for Fiscal Year 2013 pursuant to chapter 40, s. 6 of the
General Laws.
ARTICLE 6
(Fiscal Year 2012 General Fund Budget Transfers)
To see what sums the Town will vote to transfer into various line items of the Fiscal Year
2012 General Fund operating budget from other line items of said budget and from other
available funds; or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred
between the various Fiscal Year 2012 accounts and expenditures as follows:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
FROM TO AMOUNT
Finance & Operations, Salaries Finance & Operations, Expense $50,000
Planning Office, Expense Planning Office, Salaries $5,000
Police Department, Salaries Police Department, Expense $94,000
Marine Department, Salaries Marine Department, Expense $60,000
Health Insurance Delta Dental Insurance Withholding $55,000
ARTICLE 7
(Personnel Compensation Plans for Fiscal Year 2013)
To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year
2013:
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) 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
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, 2012- April 14, 2013)
Compensation Second Third Fourth
Level Start Season Season Season
A-Hourly* $14.00 $15.00 $16.00 $17.00
B-Hourly* $14.50 $15.50 $16.50 $17.50
C-Hourly* $15.50 $16.50 $17.50 $18.50
D-Hourly* $16.00 $17.00 $18.00 $19.00
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
E-Hourly* $18.00 $18.50 $19.00 $19.50
*An employee assigned supervisory responsibilities shall be placed in the next higher category.
A: Dock Attendant, Information Aide, Matron
B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish
Warden, Endangered Species Monitor, Parking Control Officer, 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 (Public Works)
E. Lifeguard Supervisor, Seasonal Assistant Harbormaster, Seasonal Maintenance
Supervisor (Public Works); Tennis Instructor (Park & Recreation/DPW); Seasonal
Recreational Program Coordinator (Park & Recreation/DPW)
Schedule C -- Compensation Schedule for Elected Officials*
Moderator $175 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.
Or to take any other action related thereto.
(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) 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
Mooring Enforcement Officer (hourly) 30.00
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
Temporary Employee various rates
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
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, 2012- April 14, 2013)
Compensation Second Third Fourth
Level Start Season Season Season
A-Hourly* $14.00 $15.00 $16.00 $17.00
B-Hourly* $14.50 $15.50 $16.50 $17.50
C-Hourly* $15.50 $16.50 $17.50 $18.50
D-Hourly* $16.00 $17.00 $18.00 $19.00
E-Hourly* $18.00 $18.50 $19.00 $19.50
*An employee assigned supervisory responsibilities shall be placed in the next higher category.
A: Dock Attendant, Tennis 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, Marine Research Technician
D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Tennis Attendant
(Park & Recreation), Seasonal Laborer (Public Works); Pump-out Boat Operator
E. Lifeguard Supervisor, Seasonal Assistant Harbormaster, Seasonal Maintenance
Supervisor (Public Works); Tennis Instructor; Seasonal Recreation Coordinator;
Reserve Police Officer
Schedule C -- Compensation Schedule for Elected Officials*
Moderator $175 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 2013 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 2013.
(Board of Selectmen)
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2013 operating
budget is established for the various offices, boards, and commissions of the Town as follows:
Fiscal Year 2013 FY 2012
DEPARTMENT PAYROLL OPERATING
TOTAL
BUDGET
ARTICLE 8
TOTAL
GENERAL GOVERNMENT
Finance Committee $0 $19,400 $19,400 $19,900
Finance & Operations $1,422,600 $509,260 $1,931,860 $1,866,600
Human Resources $146,560 $32,130 $178,690 $198,520
Information Systems / GIS $391,140 $248,100 $639,240 $586,410
Legal $0 $335,000 $335,000 $335,000
Moderator $175 $650 $825 $825
Nantucket Planning Office $398,350 $218,200 $616,550 $467,470
Natural Resources $113,290 $3,550 $116,840 $0
Town Administration $499,980 $185,750 $685,730 $697,720
Town Clerk $216,690 $59,200 $275,890 $259,710
Subtotal $3,188,785 $1,611,240 $4,800,025 $4,432,155
SAFETY & PROTECTION
Code Enforcement & Regulatory $964,054 $84,460 $1,048,514 $1,130,650
Emergency Management $0 $9,000 $9,000 $9,000
Fire Department $2,208,340 $199,050 $2,407,390 $2,381,350
Police Department &
Animal Control $4,295,530 $581,300 $4,876,830 $4,568,440
Street Lighting $0 $80,900 $80,900 $77,000
Subtotal $7,467,924 $954,710 $8,422,634 $8,166,440
MARINE & COASTAL
RESOURCES
Marine Department $764,790 $84,250 $849,040 $949,420
Subtotal $764,790 $84,250 $849,040 $949,420
MAINTENANCE
Gas / Town Vehicles $0 $358,000 $358,000 $350,000
Mosquito Control $0 $100,000 $100,000 $0
Public Buildings $0 $764,690 $764,690 $747,000
Public Works $1,820,470 $347,300 $2,167,770 $2,151,650
Snow and Ice Removal $0 $64,000 $64,000 $64,000
Subtotal $1,820,470 $1,633,990 $3,454,460 $3,312,650
HUMAN SERVICES
Human Services $436,200 $60,920 $497,120 $523,140
Subtotal $436,200 $60,290 $497,120 $523,140
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
CULTURE & RECREATION
Atheneum $0 $667,900 $667,900 $661,216
Town Clock $0 $2,700 $2,700 $2,500
Visitor Services $216,040 $70,400 $286,440 $314,390
Subtotal $216,040 $741,000 $957,040 $978,106
CONTRACTUALOBLIGATIONS $376,381 $0 $376,381 $254,520
TOTAL OF DEPT OPERATING
BUDGETS $14,270,590 $5,086,110 $19,356,700 $18,616,431
EDUCATION
Community School $219,300 $0 $219,300 $219,300
School Department $17,645,969 $4,576,000 $22,221,969 $21,719,700
Subtotal $17,865,269 $4,576,000 $22,441,269 $21,939,000
GRAND TOTAL OF GEN GOV'T
OPER BUDGETS $32,135,859 $9,662,110 $41,797,969 $40,555,431
DEBT SERVICE
Principal & Interest $0 $7,613,980 $7,613,980 $9,053,860
Subtotal $0 $7,613,980 $7,613,980 $9,053,860
INSURANCES
Auto Casualty $0 $120,500 $120,500 $100,000
Blanket Liability $0 $1,188,000 $1,188,000 $1,100,000
Claims Deductible $0 $80,000 $80,000 $100,000
Insurance Consulting $0 $28,000 $28,000 $29,000
Medical Insurance $7,052,000 $0 $7,052,000 $6,760,000
Unemployment $300,000 $0 $300,000 $300,000
Workers Compensation $197,000 $0 $197,000 $197,000
Laborer's Union Pension $44,000 $0 $44,000 $44,000
Subtotal $7,593,000 $1,416,500 $9,009,500 $8,630,000
ASSESSMENTS
Barnstable Retirement $3,113,746 $0 $3,113,746 $2,988,750
Subtotal $3,113,746 $0 $3,113,746 $2,988,750
GRAND TOTAL OF OPERATING
BUDGET $42,842,605 $18,692,590 $61,535,195 $61,228,041
And to meet these appropriations, the sum of Sixty-one Million Five Hundred Thirty-five
Thousand One Hundred Ninety-five Dollars ($61,535,195) be raised and appropriated from the
Fiscal Year 2013 tax levy and other general revenues of the Town.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
The budget unanimously recommended by the Nantucket School Committee for the School
Department, including the Nantucket Community School, for Fiscal Year 2013 is Twenty-two
Million Four Hundred Forty-one Thousand Two Hundred Sixty-nine Dollars ($22,441,269).
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 2013, which contracts shall stipulate mutually agreed upon terms and conditions;
or to take any other action related thereto.
(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 2013
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, 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 2013, which contracts shall stipulate mutually agreed upon
terms and conditions:
AGENCY AMOUNT
A Safe Place $50,000
Elder Services of Cape Cod and the Islands $13,000
Family and Children’s Services DBA/Nantucket Behavioral Health Services $124,883
Martha’s Vineyard Community Services $15,000
South Coast Legal Services $4,000
Interfaith Council Nantucket Rental Assistance Program $30,000
Interfaith Council Emergency Food Pantry $35,000
Nantucket Family Planning $11,000
Nantucket Access Network Project $20,000
Small Friends $15,000
TOTAL $317,883
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 2013 for the offices, departments, boards and commissions of the
Town of Nantucket; or to take any other action related thereto.
(Board of Selectmen)
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved that the sum of Seven Hundred Seventy-six
Thousand Four Hundred Twenty Dollars ($776,420) be appropriated for the following capital
outlay expenditures for general fund departments for Fiscal Year 2013, 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 Replacement information systems and technology equipment $75,000
Town Administration
Installation, new equipment and other costs associated with
implementation of Voice-over IP system for town departments $175,000
Town Administration Replacement of DPW Salt Shed Roof $100,000
Town Administration Resurfacing of Jetties Tennis Courts $40,000
Town Administration Repairs to Millie’s Bridge $50,000
School Repairs to Elementary School Roof $140,000
School Purchase and replacement of technology infrastructure $60,000
School High School and Middle School Fire Alarm Upgrades $50,000
School High School and Middle School Classroom Upgrades $86,420
TOTAL $776,420
And, to meet this appropriation that Six Hundred Sixty-six Thousand Dollars ($666,000) be
raised and appropriated from the Fiscal Year 2013 tax levy and other general revenues; that
Twenty Thousand Four Hundred Twenty Dollars ($20,420) be re-appropriated from Article 10
of the 2010 Annual Town Meeting (DPW Garage Roof Repairs) for the DPW Salt Shed Roof
item; that Forty Thousand Dollars ($40,000) be appropriated from the Tennis Court Revolving
Fund for the Jetties Tennis Courts item; and, that Fifty Thousand Dollars ($50,000) be re-
appropriated from Article 10 of the 2011 Annual Town Meeting (Professional services for
design, permitting and engineering for Millie’s Bridge) for the Repairs to Millie’s Bridge item.
ARTICLE 11
(Appropriation: Renovation of 20 South Water Street)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant
to any applicable statute or transfer from available funds, to be spent by the Town Manager
with the approval of the Board of Selectmen, for professional services for design, permitting,
architecture, construction supervision and other related professional services, and for the
construction, installation and equipping of renovations to the buildings at 20 South Water Street
and 1 East Chestnut Street; or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The current debt service expense equals 12.4% of the
Fiscal Year 2013 general fund budget. The Board of Selectmen has adopted guidelines that
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
debt service expense not exceed 12% of the general fund budget. The Finance Committee
recommends deferring this project until the debt service expenditures are in line with the Board
of Selectmen guideline, and until a comprehensive major capital expenditure plan is
developed. Finally, the Finance Committee recommends the town continue to explore the
feasibility of relocating town employees from 2 Fairgrounds Road to offices in the core district.
Quantum of vote required for passage of a positive motion on the article (if the funding source is
borrowing) is 2/3
ARTICLE 12
(Appropriation: Hummock Pond Road Bicycle Path)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant
to any applicable statute or transfer from available funds, to be spent by the Town Manager
with the approval of the Board of Selectmen, for professional services for design, permitting,
construction supervision and other related professional services, and for the construction of a
bicycle path along Hummock Pond Road; or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Three Million Two Hundred Thousand Dollars
($3,200,000) be appropriated for professional services for design, permitting, construction
supervision and other related professional services, and for the construction of a bicycle path
along Hummock Pond Road, all such expenditures to be made by the Town Manager with the
approval of the Board of Selectmen; that to meet this appropriation the Treasurer, with the
approval of the Board of Selectmen, is authorized to borrow Three Million Two Hundred
Thousand Dollars ($3,200,000) under G.L. chapter 44 or any other enabling authority;
provided, however, that this vote shall not take effect until the Town votes by ballot on a
referendum question to exempt from the limitations on total taxes imposed by Proposition 2½,
so-called, amounts required to pay the principal of and interest on the borrowing authorized by
this vote pursuant to G.L. chapter 59, s. 21C(k).
FINANCE COMMITTEE COMMENT: The Finance Committee is concerned about debt service
expenses; however, the pledges of substantial private donations convinced the Committee to
support the Article. The Town is expecting private donations that would be accepted for this
project of at least Five Hundred Thousand Dollars ($500,000), which will go toward offsetting
the cost to the taxpayers for this project, if the total appropriation is approved.
Quantum of vote required for passage of this motion is 2/3.
BOARD OF SELECTMEN COMMENT: The Board intends that it will not go forward with
borrowing for the accelerated construction of the bike path without receipt of the $500,000 gift.
ARTICLE 13
(Appropriation: Wind Turbine at Madaket Landfill)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant
to any applicable statute or transfer from available funds, to be spent by the Town Manager
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
with the approval of the Board of Selectmen, for professional services for design, permitting,
construction, construction supervision, engineering services and other related professional
services and for construction of a wind turbine at the Madaket Landfill; or to take any other
action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The Finance Committee has gone to considerable effort
to understand and evaluate a proposal to construct a 325-foot industrial wind turbine at the
Madaket Landfill. The Madaket Wind Turbine is not an essential service of the Town. If passed
it will take precious capital from other projects needed to maintain essential services. There
remain many unanswered questions related to the feasibility and potential risks of this multi-
million dollar investment the taxpayers are being asked to make, as well as possible adverse
health and environmental impacts. We have concluded that the Nantucket community requires
more time to develop a comprehensive plan to address energy conservation and renewable
energy production before we commit to building a wind turbine at the landfill. We are convinced
that there is citizen commitment to energy conservation and the production of renewable
energy on-island. Working together we can create a viable plan with a broader base of support.
How can we best integrate the production of renewable energy on Nantucket, given the
uniqueness of the environmental and historic character of our island community? Although a
consensus may elude us, we seek a comprehensive, methodical and inclusive approach for
meeting our energy goals. For these reasons, we have recommended that this Town Meeting
vote not to adopt the Article.
Quantum of vote required for passage of a positive motion on the article (if the funding source is
borrowing) is 2/3.
ARTICLE 14
(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 2013, out of anticipated revenues of the
designated funds, for the purposes set forth above; or to take any other action related thereto.
(Board of Selectmen for the Various Departments Indicated)
FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2013 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 2013 FY 2013 FY 2013 FY 2012
FUND PAYROLL EXPENSES
TOTAL
BUDGET
TOTAL
BUDGET
Airport $3,091,000 $2,711,254 $5,802,254 $11,968,145
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Our Island Home $5,565,910 $1,402,090 $6,968,000 $6,425,920
Sewer ( includes Wastewater
Treatment; Collection &
Disposal; and Siasconset
plant) $886,120 $5,252,258 $6,138,378 $5,697,549
Siasconset Water $28,200 $934,050 $962,250 $969,350
Solid Waste $36,017 $7,567,979 $7,603,996 $7,658,500
Wannacomet Water $1,354,608 $2,991,402 $4,346,010 $4,032,040
TOTAL $10,961,855 $20,859,033 $31,820,888 $36,751,504
Further, that the above appropriations be funded as follows:
FUND FUNDING SOURCES AMOUNTS
Airport FY 13 Anticipated Revenues $5,802,254
Our Island Home FY 13 Anticipated Revenues $3,755,000
Our Island Home FY 13 Tax Levy and Other General Revenues $3,213,000
Sewer FY 13 Anticipated Revenues $6,138,378
Solid Waste FY 13 Anticipated Revenues $3,087,494
Solid Waste FY 13 Tax Levy and Other General Revenues $4,516,502
Siasconset Water FY 13 Anticipated Revenues $ 962,250
Wannacomet Water FY 13 Anticipated Revenues $4,346,010
TOTAL FUNDING SOURCES $31,820,888
FINANCE COMMITTEE COMMENT: In prior years, all Airport aviation fuel costs were
reflected in the Airport Enterprise Fund operating budget. In Fiscal Year 2013 and going
forward, a significant portion of the appropriation associated with Airport aviation fuel costs is
shown in a revolving fund (Article 19 of this warrant).
ARTICLE 15
(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 2013 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 2013 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
Construction, permitting and other costs associated with rehabilitating
runway 12-30 safety area; replace MITLs on runway; and replace
5,000 feet of perimeter fencing $1,690,000
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Airport Design, permitting and other related costs associated with runway 15-
33 Taxiway System $300,000
Subtotal Airport Enterprise $1,990,000
Our Island Home
Costs associated with installing accessible doors at 9 East Creek
Road $100,000
Our Island Home
Costs associated with replacement or renovation of nursing station at
9 East Creek Road $75,000
Subtotal Our Island Home $175,000
Sewer
Increase the authorization approved in Article 13/2008 Annual Town
Meeting for the Sewer item by $2,000,000 (from $5,000,000 originally
approved, to a new total of $7,000,000), such work to also include
improvements to certain portions of the sewers in Fair Street, such
increase to account for the general increases in the costs of
construction since 2008 – all as based on a current re-estimate of
project costs $2,000,000
Sewer Update Comprehensive Wastewater Management Plan $750,000
Sewer Purchase replacement VacCon vehicle $275,000
Sewer Purchase standby emergency generators $97,000
Sewer Costs associated with storm water mapping $49,783
Subtotal Sewer Enterprise $3,171,783
Solid Waste Professional services for design, permitting, and other costs
associated with landfill mining. $675,948
Subtotal Solid Waste Enterprise $675,948
Wannacomet
Water
Professional services for design, permitting, construction, and other
costs associated with renovation and rehabilitation of administration
building $1,200,000
Wannacomet
Water Costs associated with distribution system improvements $850,000
Wannacomet
Water
Professional services for design, permitting, construction, and other
costs associated with Madaket Water Main Extension (Phase 3) $800,000
Wannacomet
Water Costs associated with water meter system upgrade $400,000
Subtotal Wannacomet Water Enterprise $3,250,000
TOTAL $9,262,731
And, to meet the appropriations, that the following funding sources to be used:
FUNDING SOURCE AMOUNT
Airport, Borrowing, Grants, and Other General Airport Revenues $1,990,000
Our Island Home, Borrowing, Grants, and Other General Revenues $175,000
Sewer, Borrowing, Grants, and Other General Sewer Revenues $3,171,783
Solid Waste, FY13 Tax Levy and Other General Solid Waste Revenues $675,948
Wannacomet Water, Borrowing, Grants, and Other General Wannacomet Water
Revenues $3,250,000
TOTAL $9,262,731
Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is
authorized to borrow the sum of One Million Nine Hundred Ninety Thousand Dollars
($1,990,000) 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 for the Airport items; that the Treasurer of the Town, with the approval of the Board of
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Selectmen, is authorized to borrow the sum of One Hundred Seventy-five Thousand Dollars
($175,000) pursuant to any applicable statute, provided however that it is the intent that the
principal and interest thereon shall be repaid from the Our Island Home Enterprise Fund
receipts and other available funds for the Our Island Home items; that the Treasurer of the
Town, with the approval of the Board of Selectmen, is authorized to borrow the sum of Three
Hundred Seventy-two Thousand Dollars ($372,000) pursuant to any applicable statute,
provided however that it is the intent that the principal and interest thereon shall be repaid from
the Sewer Enterprise Fund revenues, state grants, and federal grants and other available
funds for the sewer Vac Con replacement vehicle and standby generators; that Forty-nine
Thousand Seven Hundred Eighty-three Dollars ($49,783) be transferred from Article 12 of the
2011 Annual Town Meeting (Replacement Sewer Vehicles) the purpose of which has been
completed, for the costs associated with the storm water mapping item; that the Treasurer of
the Town with the approval of the Board of Selectmen is further authorized to borrow the sum
of $2,750,000, as a general obligation of the Town, with the intent that all repayments are to
come from sewer enterprise revenues, and that all or any portion of such amount may be
borrowed from the Massachusetts Water Pollution Abatement Trust and/or State Revolving
Loan Fund pursuant to chapter 29C of the general laws or any other source, or pursuant to any
other applicable statute; that Six Hundred Seventy-five Thousand Nine Hundred Forty-eight
Dollars ($675,948) be transferred from the Fiscal Year 2013 Tax Levy and Other General
Revenues of the Town for the solid waste landfill mining item; that the Treasurer of the Town,
with the approval of the Board of Selectmen, is authorized to borrow the sum of Three Million
Two Hundred Fifty Thousand Dollars ($3,250,000) pursuant to any applicable statute, provided
however that it is the intent that the principal and interest thereon shall be repaid from the
Wannacomet Water Enterprise Fund revenues, state grants, and federal grants and other
available funds for the Wannacomet Water items; or take any action thereto.
NOTE: The storm water mapping item referenced in the Sewer Enterprise Fund items was
reappropriated at the 2011 Annual Town Meeting for sewer vehicles, in error. This action would
reappropriate back to its original purpose.
Quantum of vote required for passage of the motion is 2/3.
ARTICLE 16
(Enterprise Funds: Fiscal Year 2012 Budget Transfers)
To see what sums the Town will vote to transfer into various line items of Fiscal Year
2012 Enterprise Fund operating budgets from other line items of said budgets and/or from
Enterprise Surplus Reserve Funds; or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from
the various accounts listed to the various enterprise fund accounts listed for Fiscal Year 2012
as follows:
FROM TO AMOUNT
Special Revenue Fund, Sale of Land
Proceeds
Airport, Acquisition of Interest in Real
Property
$400,000
Airport, Salaries Airport, Operating Expense $135,000
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Our Island Home, Operating Expense Our Island Home, Salaries $91,000
FINANCE COMMITTEE COMMENT: The sale of land proceeds special revenue fund is
proposed to be used to fund a legal judgment against the Airport regarding a real estate matter
in the amount shown.
ARTICLE 17
(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 Three Hundred Twenty Thousand Two
Hundred Dollars ($320,200) 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 18
(Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2012)
To see if the Town will vote to authorize a revolving fund for the Airport, to be known as
the Airport Aviation Fuel Revolving Fund, to which shall be credited fees and other receipts
received in connection with the sale of aviation fuel, which fund may be expended for the
purchase of aviation fuel, to be expended by the Airport Commission, and further to establish a
spending limit from the fund for Fiscal Year 2012, pursuant to the provisions of Chapter 28 of
the Acts of 2004 and Massachusetts General Law Chapter 44, section 53E½, or to take any
other action related thereto.
(Board of Selectmen for Airport Commission)
FINANCE COMMITTEE MOTION: Moved that an Airport Aviation Fuel Revolving Fund is
established to which fees and other receipts received shall be credited in connection with the
sale of aviation fuel, which fund may be expended for the purchase of aviation fuel, to be
expended by the Airport Commission, and further to establish a spending limit from the fund for
Fiscal Year 2012 in the amount of One Million Two Hundred Thousand Dollars ($1,200,000),
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
pursuant to the provisions of Chapter 28 of the Acts of 2004 and Massachusetts General Law
Chapter 44, section 53E½.
ARTICLE 19
(Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2013)
To see if the Town will vote to reauthorize a revolving fund for the Airport, to be known
as the Airport Aviation Fuel Revolving Fund, to which shall be credited fees and other receipts
received in connection with the sale of aviation fuel, which fund may be expended for the
purchase of aviation fuel, to be expended by the Airport Commission, and further to establish a
spending limit from the fund for Fiscal Year 2013, pursuant to the provisions of Chapter 28 of
the Acts of 2004 and Massachusetts General Law Chapter 44, section 53E½, or to take any
other action related thereto.
(Board of Selectmen for Airport Commission)
FINANCE COMMITTEE MOTION: Moved that an Airport Aviation Fuel Revolving Fund is
established to which fees and other receipts received shall be credited up to Five Million Five
Hundred Seventy-two Thousand Nine Hundred Seventy-four Dollars ($5,572,974) in
connection with the sale of aviation fuel, which fund may be expended for the purchase of
aviation fuel, to be expended by the Airport Commission, and further to establish a spending
limit from the fund for Fiscal Year 2013 in the amount of Five Million Five Hundred Seventy-two
Thousand Nine Hundred Seventy-four Dollars ($5,572,974), pursuant to the provisions of
Chapter 28 of the Acts of 2004 and Massachusetts General Law Chapter 44, section 53E½ .
Aviation fuel receipts in excess of the spending limit will be credited to the Airport Enterprise
Fund.
FINANCE COMMITTEE COMMENT: Initiation of the use of a revolving fund for the purposes
as noted above is intended to serve as a means to accommodate fluctuation and volatility with
fuel sales and costs given Department of Revenue requirements.
ARTICLE 20
(Home Rule Petition: Airport Revolving Fund)
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 Relative to the Nantucket Memorial Airport Fuel Revolving Account
SECTION 1. Chapter 28 of the acts of 2004 is hereby amended by inserting at the end of
section 1 the following:- This fund shall not be included in the calculation of the aggregate limit
of all revolving funds authorized under section 53E½ of said chapter 44.
SECTION 2. This act shall take effect upon its passage.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
(Board of Selectmen for Airport Commission)
FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General
Court are hereby requested to introduce legislation as set forth below; and, 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 Relative to the Nantucket Memorial Airport Fuel Revolving Account
SECTION 1. Chapter 28 of the acts of 2004 is hereby amended by inserting at the end of
section 1 the following: This fund shall not be included in the calculation of the aggregate limit
of all revolving funds authorized under section 53E½ of said chapter 44.
SECTION 2. This act shall take effect upon its passage.
ARTICLE 21
(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; or to take any other action related
thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Two Hundred Ten Thousand ($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 22
(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 2013, 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-six Thousand Dollars ($166,000) ; or to take any other action related thereto.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Or to take any other action related thereto.
(Board of Selectmen/County Commissioners)
FINANCE COMMITTEE MOTION: Moved that One Hundred Sixty-six Thousand Fifty Dollars
($166,050) be raised and appropriated from the Fiscal Year 2013 tax levy and other general
revenues of the Town to fund the Fiscal Year 2013 county assessment.
ARTICLE 23
(Appropriation: Finalizing Fiscal Year 2013 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 2013 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; or to take any other action related thereto.
(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 2013 Nantucket County budget as adopted by the Nantucket County
Commissioners on January 25, 2012, at its meeting on January 26, 2012.
ARTICLE 24
(Rescind Unused Borrowing Authority)
To see what action the Town will take 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 the unused borrowing authority for the following
projects be rescinded:
DEPARTMENT DESCRIPTION OF ITEM
ARTICLE/TOWN
MEETING
AMOUNT TO BE
RESCINDED
Airport Purchase of new airfield
vehicles
Article 13/2010
Annual Town Meeting $250,000
Airport
Professional services for costs
associated with fuel truck
containment improvements
Article 13/2010
Annual Town Meeting $500,000
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Airport Purchase new airfield
equipment
Article 12/2011
Annual Town Meeting $250,000
Airport Installation of terminal security
system
Article 14 /1997
Annual Town Meeting $40,000
Airport EA/EIR additional studies Article 13/ 2002
Annual Town Meeting $145,500
Airport
South apron pavement,
fencing, & taxiway F
reconstruction
Article 13/ 2002
Annual Town Meeting $1,358,000
Airport Airport terminal design Article 14/ 2002
Annual Town Meeting $1,000,000
Airport Employee housing design Article 13/ 2002
Annual Town Meeting $100,000
Solid Waste
Professional services for
design, permitting and
construction of landfill gas
recovery system in connection
with heating DPW garage
Article 13/ 2009
Annual Town Meeting $50,000
Wannacomet Water
Professional services for
design, permitting,
construction, and other costs
associated with Cod Fish Park
water main replacement
Article 13/2010
Annual Town Meeting $350,000
ARTICLE 25
(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)
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 26
(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 2011in a collective bargaining contract between the Town of Nantucket (represented by
the Board of Selectmen) and 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
Page 26
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
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
(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 2013 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)
THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.
ARTICLE 28
(Appropriation: Collective Bargaining Agreement/Laborer’s Union)
To see if the Town will vote to raise and appropriate, transfer from available funds or
borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal
Year 2013 in a collective bargaining contract between the Town of Nantucket (represented by
the Board of Selectmen) and Laborer’s union employees (represented by the Massachusetts
Laborer’s District Council Nantucket Public Employees’ Local Union, 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)
THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.
ARTICLE 29
(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 collective bargaining contract between the Town of Nantucket (represented by
the Board of Selectmen) and Department of Public Works union employees (represented by
Page 27
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
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 30
(Community Preservation Committee: Fiscal Year 2012 Budget Transfers)
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
(Kenneth Beaugrand, et al)
FINANCE COMMITTEE MOTION: Moved that the unspent remainder of projects in prior years
as listed below be transferred between the various Fiscal Year 2012 accounts as follows:
FROM TO AMOUNT
Article 26 of the 2010 Annual
Town Meeting - Civil War
Monument Restoration
Community Preservation Reserve
for Historical Preservation $18,700.00
Article 27 of the 2005 Annual
Town Meeting - South Church
Preservation Fund
Community Preservation Reserve
for Historical Preservation $2,090.31
Article 21 of the 2004 Annual
Town Meeting - Winter Park
Community Preservation Reserve
for Open Space $788.66
Article 24 of the 2009 Annual
Town Meeting - Park and
Recreation Parking
Community Preservation Reserve
for Open Space $26.27
ARTICLE 31
(Appropriation: FY 2013 Community Preservation Fund)
To see if the Town will vote to act on the report of the Community Preservation
Committee on the Fiscal Year 2013 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
Page 28
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Nantucket Firemen’s Association
Restoration of a 1937 American LaFrance pumper Fire
Truck
$80,000
Sir Isaac Coffin School, Prospect Hill Cemetery Association
and Nantucket Maria Mitchell Association
Restoration of the three historic wrought iron fences
$143,000
Sub-total $223,000
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 Community Preservation funded house
maintenance program
$150,000
Interfaith Council
Housing and rental assistance program
$115,000
Habitat for Humanity Nantucket Inc.
Construct new Habitat for Humanity house on Sachem’s
Path Project
$200,000
Housing Assistance Corporation
Site work and road and utility infrastructure on Sachem’s
Path Project
$990,000
Town of Nantucket, Affordable Housing Trust Fund
Construct two dwellings at 7 Surfside Road
$160,000
Sub-total $1,615,000
$246,818.91 of the funds utilized for this category are from the designated
reserve balance for affordable housing with the balance of the funds in this
category from the Community Preservation surcharge and the State matching
funds.
Open Space Conservation/Recreation
Nantucket Park and Recreation Commission
Construction of project field house for multi-use field
complex on Nobadeer Farm Road, phase 4
$385,000
Nantucket Hunting Association
Creation of a conservation restriction on 18 acres of
town owned land and funding of a $350,000 completion
bond for the Shooting Park project, including the
management of the conservation restriction.
$412,650
Page 29
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Sub-total $797,650
$348,242.09 of the funds utilized for this category are from the designated
reserve balance for open space with the balance of the funds to be used in this
category 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
TOTAL $2,728,861
And amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY 2013 Community
Preservation Surcharge
$1,709,000
From State matching funds for FY 2012, to be received in 2013 $424,800
From designated reserve fund balance for Affordable housing $246,818.91
From designated reserve fund balance for Open Space $348,242.09
Total Revenues $2,728,861
For fiscal year 2013 Community Preservation Purposes with each item considered a separate
appropriation to be spent by the Community Preservation Committee.
Provided however, that the above expenditures may be 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 2013 revenues or
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
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 2013 community preservation
purposes as set forth herein, with each item considered a separate appropriation to be spent
by the Community Preservation Committee, as shown below with strikeouts indicating
deletions from the Community Preservation Committee article and highlighted text indicating
additions/modifications:
Purpose Amount
Historic Preservation
Nantucket Firemen’s Association
Restoration of a 1937 American LaFrance pumper
Fire Truck $80,000
Sir Isaac Coffin School, Prospect Hill Cemetery Association
and Nantucket Maria Mitchell Association
Restoration of the three historic wrought iron fences $143,000
Sub-total $223,000
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 Community Preservation funded house
maintenance program $150,000
Interfaith Council
Housing and rental assistance program $115,000
Habitat for Humanity Nantucket Inc.
Construct new Habitat for Humanity house on Sachem’s
Path Project $200,000
Housing Assistance Corporation
Site work and road and utility infrastructure on Sachem’s Path
Project $990,000
Town of Nantucket, Affordable Housing Trust Fund
Construct two dwellings at 7 Surfside Road $160,000
Sub-total $625,000
$246,818.91 of the funds utilized for this category are from the designated reserve balance for
affordable housing with the balance of the funds in this category from the Community
Preservation surcharge and the State matching funds.
Page 31
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Open Space Conservation/Recreation
Open Space Reserves
Reserve for future years $213,380
Nantucket Park and Recreation Commission
Construction of project field house for multi-use field complex
on Nobadeer Farm Road, phase 4 $385,000
Nantucket Hunting Association
Creation of a conservation restriction on 18 acres of town
owned land and funding of a $350,000 completion bond for
the Shooting Park project, including the management of the
conservation restriction. $412,650
Sub-total $797,650
$1,011,030
$348,242.09 of the funds utilized for this category are from the designated reserve balance for
open space with the balance of the funds to be used in this category from the Community
Preservation surcharge and the State matching funds.
Funds to be used for open space reserves ($213,380) are from the Community Preservation
surcharge and the State matching funds; further ($554,356.09) of the funds utilized for the
Nantucket Hunting Association and a portion of the Nantucket Park and Recreation
Commission item are from the undesignated reserve balance for Community Preservation;
further the remaining balance ($243,293.91) are from the Community Preservation surcharge
and the State matching funds.
Administrative
Community Preservation Committee
Administrative and operating expenses $93,211
$85,945
Sub-total $93,211
$85,945
All funds to be used in this category are from the Community Preservation Surcharge and the
State matching funds.
TOTAL $2,728,861
$1,944,975
And amounts to be appropriated from the following sources:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
SOURCES AMOUNT
Raised and appropriated from FY 2013 Community
Preservation Surcharge $719,000
From State matching funds for FY 2012, to be received in 2013 $424,800
From designated reserve fund balance for Affordable Housing $246,818.91
From designated reserve fund balance for Open Space $348,242.09
From undesignated reserve fund balance $554,356.09
Total Revenues $2,728,861
$1,944,975
For fiscal year 2013 Community Preservation Purposes with each item considered a separate
appropriation to be spent by the Community Preservation Committee.
Provided however, that the above expenditures may be 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.
FINANCE COMMITTEE COMMENT: The Finance Committee supports the good efforts of the
Community Preservation Committee and the concept of affordable housing. The Finance
Committee is not in agreement with the definition of affordable housing used by the Housing
Assistance Corporation. The Finance Committee does not support using public funds to
compete with a depressed private housing market which exhibits a steady decline in housing
prices with no end in sight.
ARTICLE 32
(Appropriation: Nobadeer Farm Road Playing Fields)
To see if the Town will vote under the Community Preservation Act, to raise and
appropriate, borrow pursuant to any applicable statute, or transfer from available funds the sum
of $1,100,000 ( One million, one hundred thousand dollars) to be spent by the Community
Preservation Committee for the purpose of funding the creation and completion of land for
recreational use, in particular, the construction of one artificial surface playing filed, including
all costs incidental and related thereto, at the Nobadeer Farm Road complex to complement
the existing two grass playing fields previously funded and constructed with funds from the
Community Preservation Committee; and as funding therefor to authorize the Treasurer, with
the approval of the Board of Selectmen, to borrow said sum pursuant to the provisions of G.L.
c44B, section 11 and G.L. c. 44, section 7 or any other enabling authority, and to issue bonds
and notes therefor.
Page 33
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
(Kenneth Beaugrand, et al)
FINANCE COMMITTEE MOTION: Moved to appropriate from the Community Preservation
surcharge and the State matching funds Nine Hundred Ninety Thousand Dollars ($990,000) to
be spent under the direction of the Town Manager in consultation with the Community
Preservation Committee to fund the construction of one artificial surface playing field, including
all costs incidental and related thereto, at the Nobadeer Farm Road playing fields complex.
ARTICLE 33
(Authorization to Establish Revolving Fund for Records Preservation)
To see if the Town will vote to: AUTHORIZE THE TOWN CLERK TO ESTABLISH A
REVOLVING FUND. To see if the Town will vote pursuant to M.G.L. Ch. 44, section 53E 1/2, to
establish a revolving fund to be known as the “Town Clerk’s Record Preservation Fund”, into
which shall be credited the $5.00 surcharge collected in connection with certification of copies
of public and vital records, and which fund shall be expended for the reasonable costs and
expenses for supplies and services necessary for the preservation, restoration, binding,
archiving and documentation of the permanent records of the Town and County of Nantucket,
including but not limited to shelving, storage, laserfiching and the administrative costs related
thereto; the Town Clerk shall be authorized to expend up to $50,000 from said fund during
Fiscal Year 2013.
Or take any other action relative thereto.
(Catherine Flanagan Stover, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The Committee supports the preservation of records and
believes the more appropriate funding source would be the Community Preservation Act.
ARTICLE 34
(Appropriation: Comprehensive Tick-borne Disease Program)
To see if the Town will vote to transfer from available funds not-to-exceed $150,000 fto
be spent by the Board of Health for the purpose of developing and implementing an island-
wide comprehensive program for the reduction of tick-borne diseases for Fiscal Year 2014 and
to take any action related thereto.
For Fiscal Years 2015-2025 the above available funds are to be reduced to a not-to-exceed
annual amount not to exceed $75,000 for those 10 years.
(Carol G. Dunton, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Article is outside the 2012 Annual Town Meeting’s
scope of action because it cannot appropriate funds for future fiscal years beyond the one that
will start on July 1, 2012.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 35
(Appropriation: Tom Nevers Bus Route)
To see if the Town will vote to transfer from available funds the sum of $45,000 to be
spent by Town Administration for the purpose of establishing a Tom Nevers Road NRTA bus
route to run seasonally 8 times daily from mid-June through Labor Day annually.
(Carol G. Dunton, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: Nantucket Regional Transit Authority bus routes are
outside the jurisdiction of Town Meeting and are subject to the authority of the Nantucket
Regional Transit Authority Advisory Board.
ARTICLE 36
(Appropriation: Tom Nevers Road Bike Lane)
To see if the Town will vote to raise and appropriate, transfer from available funds
and/or borrow the funds pursuant to any applicable statutes, a sum of money to fund the cost
for professional engineering and to build a Bike Lane (on the east side) of Tom Nevers Road
from the Milestone Road Bike Path to Tom Nevers field and to take any other action related
pursuant to this end. The estimated cost of the design and engineering and construction will
be $500,000. (A Bike Lane is a widened strip of roadway defined by a yellow line. It is a
nationally recognized standard and is maintained by standard road maintenance.
(Pamela C. Bartlett, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: Although the Committee supports the eventual addition
of bicycle/pedestrian facilities on Tom Never’s Road, no action was recommended due to the
following: a complete explanation and review of current and planned public financial resources
indicates that the Town’s implementation is advancing. There is not convincing evidence
presented that a bike lane, which would widen Tom Never’s Road, is preferable to or desired
by the neighborhood as a replacement for a bike path; and, it is a lower capital priority when
compared to projects Town-wide, competing with limited financial resources.
Quantum of vote required for passage of the article (if the funding source is borrowing) is 2/3.
ARTICLE 37
(Zoning Map Change: Washington Street, Straight Wharf, Old North Wharf, Easy Street,
Whaler Lane, and South Beach Street)
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 Limited Commercial (LC)
district in the Commercial Downtown (CDT) district:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Map Lot Number Street
42.4.2 56 6 South Beach Street
42.4.2 59 4 South Beach Street
42.4.2 89 3 Whalers Lane
42.4.2 88 5 North Water Street
2. By placing the following properties currently located in the Residential Commercial (RC)
district in the Commercial Downtown (CDT) district:
Map Lot Number Street
42.4.2 57.1 15 South Beach Street
42.4.2 7 11 South Beach Street
42.4.2 58 9 South Beach Street
42.4.2 57 5 South Beach Street
3. By placing the following properties currently located in the Residential Commercial (RC)
district in the Commercial Downtown (CDT) district:
Map Lot Number Street
42.4.2 16 31 Easy Street
42.4.2 17 29 Easy Street
42.4.2 18 27 Easy Street
42.4.2 20 21 Easy Street
42.3.1 17 7 Easy Street
42.3.1 18 4 Old North Wharf
42.3.1 80 1 Old North Wharf
42.3.1 81 3 Old North Wharf
42.3.1 135 2 Straight Wharf
42.3.1 136.1 6 Straight Wharf
42.3.1 136.2 6A Straight Wharf
42.3.1 136.3 8 Straight Wharf
42.3.1 137 10 Straight Wharf
42.3.1 138 12 Straight Wharf
42.3.1 139 16 Straight Wharf
42.3.1 86 20 Straight Wharf
42.2.4 1 Straight Wharf
42.2.4 15 Straight Wharf
4. By placing the following properties currently located in the Residential Commercial (RC)
district in the Commercial Downtown (CDT) district:
Map Lot Number Street
42.3.2 21.1 25A
6
Washington Street
Coffin Street
42.3.2 21.2 25B Washington Street
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
42.3.2 21.3 25C Washington Street
42.3.2 81 27 Washington Street
42.3.2 82.1 33 Washington Street
42.3.2 82.2 29 Washington Street
42.3.2 82.3 31 Washington Street
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 37 Zoning Map
Change: Washington Street, Straight Wharf, Old North Wharf, Easy Street, Whaler Lane, and
South Beach Street” dated January 2012 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 Limited Commercial (LC)
district in the Commercial Downtown (CDT) district:
Map Lot Number Street
42.4.2 56 6 South Beach Street
42.4.2 59 4 South Beach Street
42.4.2 89 3 Whalers Lane
42.4.2 88 5 North Water Street
2. By placing the following properties currently located in the Residential Commercial (RC)
district in the Commercial Downtown (CDT) district:
Map Lot Number Street
42.4.2 57.1 15 South Beach Street
42.4.2 7 11 South Beach Street
42.4.2 58 9 South Beach Street
42.4.2 57 5 South Beach Street
3. By placing the following properties currently located in the Residential Commercial (RC)
district in the Commercial Downtown (CDT) district:
Map Lot Number Street
42.4.2 16 31 Easy Street
42.4.2 17 29 Easy Street
42.4.2 18 27 Easy Street
42.4.2 20 21 Easy Street
42.3.1 17 7 Easy Street
42.3.1 18 4 Old North Wharf
42.3.1 80 1 Old North Wharf
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
42.3.1 81 3 Old North Wharf
42.3.1 135 2 Straight Wharf
42.3.1 136.1 6 Straight Wharf
42.3.1 136.2 6A Straight Wharf
42.3.1 136.3 8 Straight Wharf
42.3.1 137 10 Straight Wharf
42.3.1 138 12 Straight Wharf
42.3.1 139 16 Straight Wharf
42.3.1 86 20 Straight Wharf
42.2.4 1 Straight Wharf
42.2.4 15 Straight Wharf
4. By placing the following properties currently located in the Residential Commercial (RC)
district in the Commercial Downtown (CDT) district:
Map Lot Number Street
42.3.2 21.1 25A
6
Washington Street
Coffin Street
42.3.2 21.2 25B Washington Street
42.3.2 21.3 25C Washington Street
42.3.2 81 27 Washington Street
42.3.2 82.1 33 Washington Street
42.3.2 82.2 29 Washington Street
42.3.2 82.3 31 Washington Street
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 37 Zoning Map
Change: Washington Street, Straight Wharf, Old North Wharf, Easy Street, Whaler Lane, and
South Beach Street” dated January 2012 and filed herewith at the Office of the Town Clerk.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 38
(Zoning Map Change: Commercial Downtown District)
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 property currently located in the Commercial Downtown (CDT)
district in the Residential Old Historic (ROH) district:
Map Lot Number Street
42.3.1 155 (a portion of) 69 Main Street
42.3.1 62 2 Quince Street
42.3.1 159 12 India Street
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
42.3.1 161 13 India Street
2. By placing the following property currently located in the Academy Hill (AHD) district in
the Residential Old Historic (ROH) district:
Map Lot Number Street
42.3.4 11 4 Westminster Street
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 38 Zoning Map
Change: Commercial Downtown District” dated January 2012 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 Commercial Downtown
(CDT) district in the Residential Old Historic (ROH) district:
Map Lot Number Street
42.3.1 155 (a portion of) 69 Main Street
42.3.1 62 2 Quince Street
42.3.1 159 12 India Street
42.3.1 161 13 India Street
2. By placing the following property currently located in the Academy Hill (AHD) district in
the Residential Old Historic (ROH) district:
Map Lot Number Street
42.3.4 11 4 Westminster Street
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 38 Zoning Map
Change: Commercial Downtown District” dated January 2012 and filed herewith at the Office of
the Town Clerk.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 39
(Zoning Map Change: Main Street, Howard Street, Howard Court, Gardner Street, Liberty
Street, Quarter Mile Hill, Lowell Place)
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:
Map Lot Number Street
41 169 149 Main Street
41 170 147 Main Street
41 171 145 Main Street
41 172 141 Main Street
41 455 139 Main Street
41 511 1 Lowell Place
42.3.3 4 2 Quarter Mile Hill
42.3.3 5 123 Main Street
42.3.3 6 121 Main Street
42.3.3 7 119 Main Street
42.3.3 8 117 Main Street
42.3.3 10 6 Howard Street
42.3.3 11 8 Howard Street
42.3.3 12 12 Gardner Street
42.3.3 13 10 Gardner Street
42.3.4 35 1 Howard Court
42.3.4 36 2 Howard Court
42.3.3 46 131 Main Street
42.3.3 47 129 Main Street
42.3.3 48 127 Main Street
42.3.3 49 125 Main Street
42.3.3 50 115 Main Street
42.3.3 51 2 Howard Street
42.3.3 52 4 Howard Street
42.3.4 77 14 Gardner Street
42.3.4 79 8 Howard Court
42.3.4 81 18 Gardner Street
42.3.4 81.1 20 Gardner Street
42.3.4 81.2 22 Gardner Street
42.3.4 82 34 Liberty Street
42.3.4 116 16 Gardner Street
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 39 Zoning Map
Change: Main Street, Howard Street, Howard Court, Gardner Street, Liberty Street, Quarter
Mile Hill, Lowell Place” dated January 2012 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
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Town of Nantucket 2012 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:
Map Lot Number Street
41 169 149 Main Street
41 170 147 Main Street
41 171 145 Main Street
41 172 141 Main Street
41 455 139 Main Street
41 511 1 Lowell Place
42.3.3 4 2 Quarter Mile Hill
42.3.3 5 123 Main Street
42.3.3 6 121 Main Street
42.3.3 7 119 Main Street
42.3.3 8 117 Main Street
42.3.3 10 6 Howard Street
42.3.3 11 8 Howard Street
42.3.3 12 12 Gardner Street
42.3.3 13 10 Gardner Street
42.3.4 35 1 Howard Court
42.3.4 36 2 Howard Court
42.3.3 46 131 Main Street
42.3.3 47 129 Main Street
42.3.3 48 127 Main Street
42.3.3 49 125 Main Street
42.3.3 50 115 Main Street
42.3.3 51 2 Howard Street
42.3.3 52 4 Howard Street
42.3.4 77 14 Gardner Street
42.3.4 79 8 Howard Court
42.3.4 81 18 Gardner Street
42.3.4 81.1 20 Gardner Street
42.3.4 81.2 22 Gardner Street
42.3.4 82 34 Liberty Street
42.3.4 116 16 Gardner Street
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 39 Zoning Map
Change: Main Street, Howard Street, Howard Court, Gardner Street, Liberty Street, Quarter
Mile Hill, Lowell Place” dated January 2012, revised February 2012, and filed herewith at the
Office of the Town Clerk.
PLANNING BOARD COMMENT: The parcels shown in strike-out were removed from the
rezoning based on concerns about subdivision potential and increased ground cover. A further
review of those parcels is warranted prior to any future proposals for rezoning.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 40
(Zoning Map Change: Old South Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Commercial Neighborhood (CN) district:
Map Lot Number Street
67 41.1 15 Old South Road
67 41.2 17 Old South Road
67 41.4 17A Old South Road
67 41.5 17B Old South Road
67 41.6 17C Old South Road
67 41.3 17 Old South Road
67 667 19 Old South Road
67 668 19A Old South Road
67 669 19C Old South Road
67 41 19B Old South Road
68 1 25 Old South Road
68 2 27 Old South Road
68 3 31 Old South Road
68 4 (a portion of) 33 Old South Road
68 6.6 35A Old South Road
68 6.1 35B Old South Road
68 6.2 35C Old South Road
68 6.3 35D Old South Road
68 6.4 35E Old South Road
68 6.5 35F Old South Road
68 252.1 37A Old South Road
68 252.2 37B Old South Road
68 252.3 37C Old South Road
68 252.4 37D Old South Road
68 252.5 37E Old South Road
68 252.6 37F Old South Road
68 252.7 37G Old South Road
68 252.8 37H Old South Road
68 252.9 37I Old South Road
68 254.1 37J Old South Road
68 254.2 37K Old South Road
68 250.1 41A Old South Road
68 250.2 41B Old South Road
68 250.3 41C Old South Road
68 250.4 41D Old South Road
68 250.5 41E Old South Road
68 250.6 41F Old South Road
68 250.7 41G Old South Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
68 250.8 41H Old South Road
68 250.9 41I Old South Road
68 253.1 41J Old South Road
68 253.2 41K Old South Road
68 7 39 Old South Road
68 8 41 Old South Road
68 9 1 Toombs Court
68 81 43 Old South Road
68 982 45 Old South Road
68 775 2 Toombs Court
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 40 Zoning Map
Change: Old South Road” dated January 2012 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) district:
Map Lot Number Street
67 41.1 15 Old South Road
67 41.2 17 Old South Road
67 41.4 17A Old South Road
67 41.5 17B Old South Road
67 41.6 17C Old South Road
67 41.3 17 Old South Road
67 667 19 Old South Road
67 668 19A Old South Road
67 669 19C Old South Road
67 41 19B Old South Road
68 1 25 Old South Road
68 2 27 Old South Road
68 3 31 Old South Road
68 4 (a portion of) 33 Old South Road
68 6.6 35A Old South Road
68 6.1 35B Old South Road
68 6.2 35C Old South Road
68 6.3 35D Old South Road
68 6.4 35E Old South Road
68 6.5 35F Old South Road
68 252.1 37A Old South Road
68 252.2 37B Old South Road
68 252.3 37C Old South Road
68 252.4 37D Old South Road
68 252.5 37E Old South Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
68 252.6 37F Old South Road
68 252.7 37G Old South Road
68 252.8 37H Old South Road
68 252.9 37I Old South Road
68 254.1 37J Old South Road
68 254.2 37K Old South Road
68 250.1 41A Old South Road
68 250.2 41B Old South Road
68 250.3 41C Old South Road
68 250.4 41D Old South Road
68 250.5 41E Old South Road
68 250.6 41F Old South Road
68 250.7 41G Old South Road
68 250.8 41H Old South Road
68 250.9 41I Old South Road
68 253.1 41J Old South Road
68 253.2 41K Old South Road
68 7 39 Old South Road
68 8 41 Old South Road
68 9 1 Toombs Court
68 81 43 Old South Road
68 982 45 Old South Road
68 775 2 Toombs Court
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 40 Zoning Map
Change: Old South Road” dated January 2012 and filed herewith at the Office of the Town
Clerk.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 41
(Zoning Map Change: Green Meadows, Miacomet Avenue, Point Judith Lane, Celtic Drive,
Valley View Drive, Otokomi Road, Boucher Way, Penny Lane, Essex Road, Cynthia Lane, and
Thurstons Way)
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 5 (R-5) district:
Map Lot Number Street
67 371 20 Green Meadows
67 372 17 Green Meadows
67 373 15 Green Meadows
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
67 374 13 Green Meadows
67 375 11 Green Meadows
67 376 9 Green Meadows
67 377.1 7A Green Meadows
67 377.2 7B Green Meadows
67 378.1 5A Green Meadows
67 378.2 5B Green Meadows
67 379 3 Green Meadows
67 380 6 Green Meadows
67 381 8 Green Meadows
67 382 10 Green Meadows
67 383 12 Green Meadows
67 384 14 Green Meadows
67 385 16 Green Meadows
67 386 18 Green Meadows
2. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 227 22 Miacomet Avenue
67 228.4 2 Valley View Drive
67 228.1 4 Valley View Drive
67 228.2 3 Valley View Drive
67 228.3 1 Valley View Drive
67 228 24 Miacomet Avenue
67 873 Valley View Drive
3. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 195.5 3 Otokomi Road
67 195.6 5 Otokomi Road
67 195.7 7 Otokomi Road
67 195.8 9 Otokomi Road
4. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 223.2 4 Celtic Drive
67 555 71 Surfside Road
67 556 73 Surfside Road
67 655 8 Celtic Drive
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
67 656 10 Celtic Drive
67 657 12 Celtic Drive
67 658 14 Celtic Drive
67 659 5 Celtic Drive
67 660 3 Celtic Drive
67 661 1 Celtic Drive
67 663 6 Celtic Drive
5. By placing the following property currently located in the Residential Commercial 2 (RC-
2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 206 2 Boucher Way
67 207 37 Miacomet Avenue
67 208 1 Boucher Way
67 209 29 Miacomet Avenue
6. By placing the following property currently located in the Residential Commercial 2 (RC-
2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 195.1 26 Miacomet Avenue
67 195.2 28 Miacomet Avenue
67 195.3 30 Miacomet Avenue
67 195.4 1 Otokomi Road
67 204.1 (a portion of) 41 Miacomet Avenue
67 205 39 Miacomet Avenue
67 212 17.5 Miacomet Avenue
67 213 15 Miacomet Avenue
67 214 13 Miacomet Avenue
67 215 11 Miacomet Avenue
67 216 9 Miacomet Avenue
67 224 14 Miacomet Avenue
67 225.1 18A Miacomet Avenue
67 225.2 18B Miacomet Avenue
67 225.3 18C Miacomet Avenue
67 226 20 Miacomet Avenue
67 488 20.5 Miacomet Avenue
67 662 12 Miacomet Avenue
67 861 17 Miacomet Avenue
67 881 9B Miacomet Avenue
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
7. By placing the following property currently located in the Residential Commercial 2 (RC-
2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 607 15 Essex Road
67 608.1 17A Essex Road
67 608.2 17B Essex Road
67 609.1 19A Essex Road
67 610 21 Essex Road
67 611 23 Essex Road
67 612.1 25A Essex Road
67 613.1 27A Essex Road
67 614 29 Essex Road
67 615 31 Essex Road
67 616 33 Essex Road
67 617 35 Essex Road
67 618 37 Essex Road
67 619.1 39A Essex Road
67 619.2 39B Essex Road
67 621 46 Essex Road
67 622 44 Essex Road
67 623 42 Essex Road
67 624 40 Essex Road
67 625 38 Essex Road
67 626 36 Essex Road
67 627 34 Essex Road
67 628 32 Essex Road
67 629 30 Essex Road
67 630 28 Essex Road
67 631 26 Essex Road
67 632 24 Essex Road
67 633 22 Essex Road
67 634 20 Essex Road
67 635 18 Essex Road
67 636 16 Essex Road
67 641 43 Essex Road
67 609.2 19B Essex Road
67 612.2 25B Essex Road
67 613.2 27B Essex Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
8. By placing the following property currently located in the Residential Commercial 2 (RC-
2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 642 55 Essex Road
67 643.1 53A Essex Road
67 643.2 53B Essex Road
67 644 51 Essex Road
67 645 49 Essex Road
67 646 47 Essex Road
67 647 45 Essex Road
67 648 48 Essex Road
67 649 50 Essex Road
67 650 52 Essex Road
67 651 54 Essex Road
67 652.1 56A Essex Road
67 652.2 56B Essex Road
67 653 58 Essex Road
9. By placing the following property currently located in the Residential Commercial 2 (RC-
2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 211 1 Point Judith Lane
67 672 3 Point Judith Lane
67 673 5 Point Judith Lane
67 674 7 Point Judith Lane
67 677 13 Point Judith Lane
67 676.1 11A Point Judith Lane
67 676.2 11B Point Judith Lane
67 675.1 9A Point Judith Lane
67 675.2 9B Point Judith Lane
10. By placing the following property currently located in the Residential Commercial 2 (RC-
2) district in the Residential 5 (R-5) district:
Map Lot Number Street
66 30 26 Appleton Road
66 503 28 Appleton Road
66 504.1 2A Thurstons Way
66 504.2 2B Thurstons Way
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
66 27 8.5 Thurstons Way
66 28 6 Thurstons Way
66 29 4 Thurstons Way
66 500 8 Thurstons Way
67 97.1 10 Thurstons Way
67 97.2 12 Thurstons Way
11. By placing the following property currently located in the Residential Commercial 2 (RC-
2) district in the Residential 5 (R-5) district:
Map Lot Number Street
66 411 2 Cynthia Lane
66 412 4 Cynthia Lane
66 413 1 Cynthia Lane
66 414 3 Cynthia Lane
66 415 5 Cynthia Lane
67 454.1 6A Cynthia Lane
67 454.2 6B Cynthia Lane
67 455 8 Cynthia Lane
67 456 10 Cynthia Lane
67 457 12 Cynthia Lane
67 458.1 14A Cynthia Lane
67 458.2 14B Cynthia Lane
67 459 16 Cynthia Lane
67 460 18 Cynthia Lane
67 461 19 Cynthia Lane
67 462 17 Cynthia Lane
67 463 15 Cynthia Lane
67 464 13 Cynthia Lane
67 465 11 Cynthia Lane
67 466 9 Cynthia Lane
67 467 7 Cynthia Lane
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 41 Zoning Map
Change: Green Meadows, Miacomet Avenue, Point Judith Lane, Celtic Drive, Valley View
Drive, Otokomi Road, Boucher Way, Penny Lane, Essex Road, Cynthia Lane, and Thurstons
Way” dated January 2012 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 2012 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 Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 371 20 Green Meadows
67 372 17 Green Meadows
67 373 15 Green Meadows
67 374 13 Green Meadows
67 375 11 Green Meadows
67 376 9 Green Meadows
67 377.1 7A Green Meadows
67 377.2 7B Green Meadows
67 378.1 5A Green Meadows
67 378.2 5B Green Meadows
67 379 3 Green Meadows
67 380 6 Green Meadows
67 381 8 Green Meadows
67 382 10 Green Meadows
67 383 12 Green Meadows
67 384 14 Green Meadows
67 385 16 Green Meadows
67 386 18 Green Meadows
2. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 227 22 Miacomet Avenue
67 228.4 2 Valley View Drive
67 228.1 4 Valley View Drive
67 228.2 3 Valley View Drive
67 228.3 1 Valley View Drive
67 228 24 Miacomet Avenue
67 873 Valley View Drive
3. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 195.5 3 Otokomi Road
67 195.6 5 Otokomi Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
67 195.7 7 Otokomi Road
67 195.8 9 Otokomi Road
4. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 223.2 4 Celtic Drive
67 555 71 Surfside Road
67 556 73 Surfside Road
67 655 8 Celtic Drive
67 656 10 Celtic Drive
67 657 12 Celtic Drive
67 658 14 Celtic Drive
67 659 5 Celtic Drive
67 660 3 Celtic Drive
67 661 1 Celtic Drive
67 663 6 Celtic Drive
5. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 206 2 Boucher Way
67 207 37 Miacomet Avenue
67 208 1 Boucher Way
67 209 29 Miacomet Avenue
6. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 195.1 26 Miacomet Avenue
67 195.2 28 Miacomet Avenue
67 195.3 30 Miacomet Avenue
67 195.4 1 Otokomi Road
67 204.1 (a portion of) 41 Miacomet Avenue
67 205 39 Miacomet Avenue
67 212 17.5 Miacomet Avenue
67 213 15 Miacomet Avenue
67 214 13 Miacomet Avenue
67 215 11 Miacomet Avenue
67 216 9 Miacomet Avenue
67 224 14 Miacomet Avenue
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
67 225.1 18A Miacomet Avenue
67 225.2 18B Miacomet Avenue
67 225.3 18C Miacomet Avenue
67 226 20 Miacomet Avenue
67 488 20.5 Miacomet Avenue
67 662 12 Miacomet Avenue
67 861 17 Miacomet Avenue
67 881 9B Miacomet Avenue
7. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 607 15 Essex Road
67 608.1 17A Essex Road
67 608.2 17B Essex Road
67 609.1 19A Essex Road
67 610 21 Essex Road
67 611 23 Essex Road
67 612.1 25A Essex Road
67 613.1 27A Essex Road
67 614 29 Essex Road
67 615 31 Essex Road
67 616 33 Essex Road
67 617 35 Essex Road
67 618 37 Essex Road
67 619.1 39A Essex Road
67 619.2 39B Essex Road
67 621 46 Essex Road
67 622 44 Essex Road
67 623 42 Essex Road
67 624 40 Essex Road
67 625 38 Essex Road
67 626 36 Essex Road
67 627 34 Essex Road
67 628 32 Essex Road
67 629 30 Essex Road
67 630 28 Essex Road
67 631 26 Essex Road
67 632 24 Essex Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
67 633 22 Essex Road
67 634 20 Essex Road
67 635 18 Essex Road
67 636 16 Essex Road
67 641 43 Essex Road
67 609.2 19B Essex Road
67 612.2 25B Essex Road
67 613.2 27B Essex Road
8. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 642 55 Essex Road
67 643.1 53A Essex Road
67 643.2 53B Essex Road
67 644 51 Essex Road
67 645 49 Essex Road
67 646 47 Essex Road
67 647 45 Essex Road
67 648 48 Essex Road
67 649 50 Essex Road
67 650 52 Essex Road
67 651 54 Essex Road
67 652.1 56A Essex Road
67 652.2 56B Essex Road
67 653 58 Essex Road
9. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
67 211 1 Point Judith Lane
67 672 3 Point Judith Lane
67 673 5 Point Judith Lane
67 674 7 Point Judith Lane
67 677 13 Point Judith Lane
67 676.1 11A Point Judith Lane
67 676.2 11B Point Judith Lane
67 675.1 9A Point Judith Lane
67 675.2 9B Point Judith Lane
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
10. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
66 30 26 Appleton Road
66 503 28 Appleton Road
66 504.1 2A Thurstons Way
66 504.2 2B Thurstons Way
66 27 8.5 Thurstons Way
66 28 6 Thurstons Way
66 29 4 Thurstons Way
66 500 8 Thurstons Way
67 97.1 10 Thurstons Way
67 97.2 12 Thurstons Way
11. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
66 411 2 Cynthia Lane
66 412 4 Cynthia Lane
66 413 1 Cynthia Lane
66 414 3 Cynthia Lane
66 415 5 Cynthia Lane
67 454.1 6A Cynthia Lane
67 454.2 6B Cynthia Lane
67 455 8 Cynthia Lane
67 456 10 Cynthia Lane
67 457 12 Cynthia Lane
67 458.1 14A Cynthia Lane
67 458.2 14B Cynthia Lane
67 459 16 Cynthia Lane
67 460 18 Cynthia Lane
67 461 19 Cynthia Lane
67 462 17 Cynthia Lane
67 463 15 Cynthia Lane
67 464 13 Cynthia Lane
67 465 11 Cynthia Lane
67 466 9 Cynthia Lane
67 467 7 Cynthia Lane
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 41 Zoning Map
Change: Green Meadows, Miacomet Avenue, Point Judith Lane, Celtic Drive, Valley View
Drive, Otokomi Road, Boucher Way, Penny Lane, Essex Road, Cynthia Lane, and Thurstons
Way” dated January 2012 and filed herewith at the Office of the Town Clerk.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 42
(Zoning Change: Fawn Lane and Toms Way)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket as
follows:
1. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
68 970 5 Fawn Lane
68 971 3 Fawn Lane
68 972 2 Fawn Lane
68 973 4 Fawn Lane
68 974 6 Fawn Lane
68 975 15 Fawn Lane
68 976 13 Fawn Lane
68 977 11 Fawn Lane
68 978 9 Fawn Lane
68 979 7 Fawn Lane
2. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
68 76 15 Toms Way
67 687 13 Toms Way
67 48 11 Toms Way
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 42 Old Fawn Lane
and Toms Way” dated January 2012 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 as follows:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
1. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
68 970 5 Fawn Lane
68 971 3 Fawn Lane
68 972 2 Fawn Lane
68 973 4 Fawn Lane
68 974 6 Fawn Lane
68 975 15 Fawn Lane
68 976 13 Fawn Lane
68 977 11 Fawn Lane
68 978 9 Fawn Lane
68 979 7 Fawn Lane
2. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
68 76 15 Toms Way
67 687 13 Toms Way
67 48 11 Toms Way
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 42 Old Fawn Lane
and Toms Way” dated January 2012 and filed herewith at the Office of the Town Clerk.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 43
(Zoning Map Change/Thurstons Way)
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 R-20 zone to R-5 zone. 1,3,5,7,
Thurstons way map 66 lots 31/32/33/35 or take any action relative thereto
(Michael Gillies, et al)
PLANNING BOARD MOTION: Moved to take no action.
PLANNING BOARD COMMENT: The Board considered testimony provided by affected and
abutting property owners at the public hearings. There was no consensus regarding a zoning
change from R-20 to R-5 or alternative proposals suggested by the Planning Board. The Board
determined that a broader review of the neighborhood should be completed to determine
whether or not a rezoning should be considered.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Quantum of vote required for passage of this Article is 2/3.
ARTICLE 44
(Zoning Map Change: Appleton Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Residential 10 (R-10) district:
Map Lot Number Street
66 388 1 Appleton Road
66 389 3 Appleton Road
66 390 5 Appleton Road
66 391 7 Appleton Road
66 392 9 Appleton Road
66 393 11 Appleton Road
66 394 13 Appleton Road
66 395 15 Appleton Road
66 396 17 Appleton Road
66 397 19 Appleton Road
66 398 21 Appleton Road
66 399 23 Appleton Road
66 400 25 Appleton Road
66 401 27 Appleton Road
66 402 29 Appleton Road
66 403 31 Appleton Road
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 44 Zoning Map
Change: Appleton Road” dated January 2012 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 Residential 10 (R-10) district:
Map Lot Number Street
66 388 1 Appleton Road
66 389 3 Appleton Road
66 390 5 Appleton Road
66 391 7 Appleton Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
66 392 9 Appleton Road
66 393 11 Appleton Road
66 394 13 Appleton Road
66 395 15 Appleton Road
66 396 17 Appleton Road
66 397 19 Appleton Road
66 398 21 Appleton Road
66 399 23 Appleton Road
66 400 25 Appleton Road
66 401 27 Appleton Road
66 402 29 Appleton Road
66 403 31 Appleton Road
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 44 Zoning Map
Change: Appleton Road” dated January 2012 and filed herewith at the Office of the Town
Clerk.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 45
(Zoning Map Change: Marble Way, Somerset Road, and Bartlett Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Commercial Trade, Entrepreneurship and Craft (CTEC) district:
Map Lot Number Street
66 101 2 Marble Way
66 102 4 Marble Way
66 103 6 Marble Way
66 104 10 Marble Way
66 105 12 Marble Way
66 106 14 Marble Way
66 106.1 16 Marble Way
66 406 91 Bartlett Road
66 407 87 Bartlett Road
66 408 85 Bartlett Road
66 409 83 Bartlett Road
66 410 89 Bartlett Road
66 425 71 Bartlett Road
66 426 73 Bartlett Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
66 427.1 75A Bartlett Road
66 427.2 75B Bartlett Road
66 428 77 Bartlett Road
66 429 79 Bartlett Road
66 430 81 Bartlett Road
66 435 67 Bartlett Road
66 436 69 Bartlett Road
66 440 65 Bartlett Road
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 45 Zoning Map
Change: Marble Way, Somerset Road, and Bartlett Road” dated January 2012 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 by
placing the following properties currently located in the Residential Commercial 2 (RC-2)
district in the Commercial Trade, Entrepreneurship and Craft (CTEC) district:
Map Lot Number Street
66 101 2 Marble Way
66 102 4 Marble Way
66 103 6 Marble Way
66 104 10 Marble Way
66 105 12 Marble Way
66 106 14 Marble Way
66 106.1 16 Marble Way
66 406 91 Bartlett Road
66 407 87 Bartlett Road
66 408 85 Bartlett Road
66 409 83 Bartlett Road
66 410 89 Bartlett Road
66 425 71 Bartlett Road
66 426 73 Bartlett Road
66 427.1 75A Bartlett Road
66 427.2 75B Bartlett Road
66 428 77 Bartlett Road
66 429 79 Bartlett Road
66 430 81 Bartlett Road
66 435 67 Bartlett Road
66 436 69 Bartlett Road
66 440 65 Bartlett Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 45 Zoning Map
Change: Marble Way, Somerset Road, and Bartlett Road” dated January 2012 and filed
herewith at the Office of the Town Clerk.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 46
(Zoning Map Change: Commercial Neighborhood –
Surfside Road, Windy Way, and Ariel 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 property currently located in the Residential 10 (R-10)
district in the Commercial Neighborhood (CN) district or Residential Commercial 2
(RC-2) district:
Map Lot Number Street
67 399 3 Ariel Avenue
2. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Commercial Neighborhood (CN) district:
Map Lot Number Street
67 118 9 Windy Way
67 118.1 7 Windy Way
67 118.5 2 Windy Way
67 118.6 4 Windy Way
67 118.8 8 Windy Way
67 119 44 Surfside Road
67 120.3 46 Surfside Road
67 447.1 5A Windy Way
67 447.2 5B Windy Way
67 447.3 5C Windy Way
67 447.4 5D Windy Way
67 451.1 3A Windy Way
67 451.2 3B Windy Way
67 451.3 3C Windy Way
67 451.4 3D Windy Way
67 553.1 1A Windy Way
67 553.2 1B Windy Way
67 773 46.5 Surfside Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
67 863 6A Windy Way
67 864 6B Windy Way
67 865 6C Windy Way
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 46 Zoning Map
Change: Commercial Neighborhood - Surfside Road, Windy Way, and Ariel Avenue” dated
January 2012 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 property currently located in the Residential 10 (R-10)
district in the Commercial Neighborhood (CN) district:
Map Lot Number Street
67 399 3 Ariel Avenue
2. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Commercial Neighborhood (CN) district:
Map Lot Number Street
67 118 9 Windy Way
67 118.1 7 Windy Way
67 118.5 2 Windy Way
67 118.6 4 Windy Way
67 118.8 8 Windy Way
67 119 44 Surfside Road
67 120.3 46 Surfside Road
67 447.1 5A Windy Way
67 447.2 5B Windy Way
67 447.3 5C Windy Way
67 447.4 5D Windy Way
67 451.1 3A Windy Way
67 451.2 3B Windy Way
67 451.3 3C Windy Way
67 451.4 3D Windy Way
67 553.1 1A Windy Way
67 553.2 1B Windy Way
67 773 46.5 Surfside Road
67 863 6A Windy Way
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
67 864 6B Windy Way
67 865 6C Windy Way
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 46 Zoning Map
Change: Commercial Neighborhood - Surfside Road, Windy Way, and Ariel Avenue” dated
January 2012 and filed herewith at the Office of the Town Clerk.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 47
(Zoning Map Change and Zoning Bylaw Change:
Village Neighborhood District – Polpis Road)
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 the following properties
currently located in the Limited Use General 1 (LUG-1) district in the Village
Neighborhood (VN) district:
Map Lot Number Street
54 175 (a portion of) Brewster Road
54 176 26 Polpis Road
54 177 24 Polpis Road
54 178 22 Polpis Road
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 47 Zoning
Change: Polpis Road” dated January 2012 and filed herewith at the Office of the Town
Clerk.
2. To amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 7A, VN,
as follows (NOTE: new language is shown as highlighted text, language to be deleted is
shown by strikeout; these methods to denote changes are not meant to become part of
the final text):
a. To amend the use chart so that the following prohibited uses are allowed through
the issuance of a special permit in the VN district: motor vehicle sales, motor
vehicle rental, motor vehicle repair or painting, and motor vehicle parking lots or
structures.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Town take the following actions:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
1. That the Zoning Map of the Town of Nantucket be amended by placing the following
properties currently located in the Limited Use General 1 (LUG-1) district in the Village
Neighborhood (VN) district:
Map Lot Number Street
54 175 (a portion of) Brewster Road
54 176 26 Polpis Road
54 177 24 Polpis Road
54 178 22 Polpis Road
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 47 Zoning
Change: Polpis Road” dated January 2012 and filed herewith at the Office of the Town
Clerk.
2. That Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 7A, VN, 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):
a. To amend the use chart so that the following prohibited uses are allowed
through the issuance of a special permit in the VN district: motor vehicle sales,
motor vehicle rental, motor vehicle repair or painting, and motor vehicle parking
lots or structures.
PLANNING BOARD COMMENT: The creation of neighborhood commercial nodes is an
element of both the Land Use and Economic Development sections of the Master Plan. This
area contains a longstanding commercial use and the property owner has volunteered to place
deed restrictions, enforceable by the Town, limiting future subdivision potential and certain
commercial uses that are inconsistent with surrounding residential uses and that may serve as
an incentive to remove the current business, which is the only automotive dealership on the
island.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 48
(Zoning Map Change: R-40 - Town Overlay District)
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 40 (R-40) district:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Map Lot Number Street
67 641 43 Essex Road
68 249 123 Old South Road
2. By placing the following properties currently located in the Residential Commercial (RC)
district in the Residential 40 (R-40) district:
Map Lot Number Street
30 48 (a portion of) Hulbert Avenue Extension
29 1 40 Bathing Beach Road
29 2 Bathing Beach Road
29 3 Bathing Beach Road
29 50 Bathing Beach Road
55.1.4 38 111 Washington Street
55.1.4 71 111 Washington Street
55.1.4 15 Union Street
55 404 88 Union Street
55 404.1 84 Union Street
55 404.2 84R Union Street
55 398 90 Union Street
55 402 112 Orange Street
55 403 114 Orange Street
55 405 110 Orange Street
55 407 4 Goose Pond Lane
3. By placing the following properties currently located in the Limited Commercial (LC)
district in the Residential 40 (R-40) district:
Map Lot Number Street
29 88 62 North Beach Street
29 89 62 North Beach Street
4. By placing the following properties currently located in the Residential Old Historic
(ROH) district in the Residential 40 (R-40) district:
Map Lot Number Street
55.4.4 25 50 Prospect Street
55.4.1 56 39 York Street
42.4.3 47 23 North Liberty Street
42.4.3 48 19 North Liberty Street
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
5. By placing the following properties currently located in the Residential 1 (R-1) district in
the Residential 40 (R-40) district:
Map Lot Number Street
41 99 3 Pilgrim Road
41 181 Friends Burying Ground
41 274 27 New Lane
41 275.1 29 New Lane
41 275.2 10 Grove Lane
41 529 5 Saratoga Lane
42.3.4 156 Woodbury Lane
55.4.4 57 39 Prospect Street
55.4.4 81 37 Prospect Street
56 276 (a portion of) Prospect Hill Cemetery
56 19 Roman Catholic Cemetery
55 313 3 Cato Lane
55 1 29 Vesper Lane
55 319 North Mill Street
55 320 9 Vesper Lane
55 2 Mill Hill Cemetery
55 321 47 Prospect Street
29 28 39 Easton Street
42.1.4 7 2A Easton Street
42.1.4 3 Easton Street
42.1.4 21 39 Easton Street
41 29 48 Cliff Road
41 449 16 Sunset Hill Lane
42.4.4 32 22 Sunset Hill Lane
42.4.4 33.4 10 Folger Lane
31 16 Lincoln Park
30 48 (a portion of) Hulbert Avenue Extension
6. By placing the following properties currently located in the Residential 10 (R-10) district
in the Residential 40 (R-40) district:
Map Lot Number Street
55 241 46 Sparks Avenue
55 600 44 Sparks Avenue
55 628 17 Backus Lane
67 483 R Backus Lane
67 16 9 Backus Lane
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
67 121 42 Surfside Road
67 481 5 Backus Lane
67 698 14 Pilot Whale Drive
67 397 12 Pilot Whale Drive
67 396 10 Pilot Whale Drive
67 395 8 Pilot Whale Drive
67 394 6 Pilot Whale Drive
67 387 64 Surfside Road
67 400 9 Pilot Whale Drive
67 401 7 Pilot Whale Drive
67 402 5 Pilot Whale Drive
67 403 3 Pilot Whale Drive
7. By placing the following properties currently located in the Residential 20 (R-20) district
in the Residential 40 (R-40) district:
Map Lot Number Street
41 392 26 New Lane
41 5 3 Gosnold Road
41 6 3 Gosnold Road
56 276 (a portion of) Prospect Hill Cemetery
56 458 17 Aurora Way
56 373 14 High Brush Path
56 391 Meadow View Drive
56 52 2 Marsh Hawk Lane
56 53 2 Marsh Hawk Lane
56 395 8 Marsh Hawk Lane
56 396 6 Marsh Hawk Lane
66 11 4 Marsh Hawk Lane
66 12 45 Somerset Road
30 92 2 Hallowell Lane
30 79 Cliff Road
30 80 Cliff Road
30 81 Cliff Road
30 82 Cliff Road
30 237 15 Gosnold Road
30 266 13 Gosnold Road
41 582 56 Madaket Road
41 583 54 Madaket Road
41 584 52 Madaket Road
41 585 50 Madaket Road
41 586 48 Madaket Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
41 587 46 Madaket Road
41 376 21 Grove Lane
41 342 35 Grove Lane
41 420 53 Grove Lane
41 421 45 Grove Lane
41 422 92 West Chester Street
41 423 92 West Chester Street
41 424 92 West Chester Street
41 425 92 West Chester Street
41 426 41 Grove Lane
41 427 41 Grove Lane
41 428 41 Grove Lane
41 429 41 Grove Lane
41 341 92 West Chester Street
41 484 47 Grove Lane
41 434 32 Grove Lane
All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 48 Zoning Map
Change: R-40 - Town Overlay District, Maps 1, 2, and 3” 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 40 (R-40) district:
Map Lot Number Street
67 641 43 Essex Road
68 249 123 Old South Road
2. By placing the following properties currently located in the Residential Commercial (RC)
district in the Residential 40 (R-40) district:
Map Lot Number Street
30 48 (a portion of) Hulbert Avenue Extension
29 1 40 Bathing Beach Road
29 2 Bathing Beach Road
29 3 Bathing Beach Road
29 50 Bathing Beach Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
55.1.4 38 111 Washington Street
55.1.4 71 111 Washington Street
55.1.4 15 Union Street
55 404 88 Union Street
55 404.1 84 Union Street
55 404.2 84R Union Street
55 398 90 Union Street
55 402 112 Orange Street
55 403 114 Orange Street
55 405 110 Orange Street
55 407 4 Goose Pond Lane
3. By placing the following properties currently located in the Limited Commercial (LC)
district in the Residential 40 (R-40) district:
Map Lot Number Street
29 88 62 North Beach Street
29 89 62 North Beach Street
4. By placing the following properties currently located in the Residential Old Historic
(ROH) district in the Residential 40 (R-40) district:
Map Lot Number Street
55.4.4 25 50 Prospect Street
55.4.1 56 39 York Street
42.4.3 47 23 North Liberty Street
42.4.3 48 19 North Liberty Street
5. By placing the following properties currently located in the Residential 1 (R-1) district in
the Residential 40 (R-40) district:
Map Lot Number Street
41 99 3 Pilgrim Road
41 181 Friends Burying Ground
41 274 27 New Lane
41 275.1 29 New Lane
41 275.2 10 Grove Lane
41 529 5 Saratoga Lane
42.3.4 156 Woodbury Lane
55.4.4 57 39 Prospect Street
55.4.4 81 37 Prospect Street
56 276 (a portion of) Prospect Hill Cemetery
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
56 19 Roman Catholic Cemetery
55 313 3 Cato Lane
55 1 29 Vesper Lane
55 319 North Mill Street
55 320 9 Vesper Lane
55 2 Mill Hill Cemetery
55 321 47 Prospect Street
29 28 39 Easton Street
42.1.4 7 2A Easton Street
42.1.4 3 Easton Street
42.1.4 21 39 Easton Street
41 29 48 Cliff Road
41 449 16 Sunset Hill Lane
42.4.4 32 22 Sunset Hill Lane
42.4.4 33.4 10 Folger Lane
31 16 Lincoln Park
30 116 Lincoln Park
30 48 (a portion of) Hulbert Avenue Extension
6. By placing the following properties currently located in the Residential 10 (R-10) district
in the Residential 40 (R-40) district:
Map Lot Number Street
55 241 46 Sparks Avenue
55 600 44 Sparks Avenue
55 628 17 Backus Lane
67 483 R Backus Lane
67 16 9 Backus Lane
67 121 42 Surfside Road
67 481 5 Backus Lane
67 698 14 Pilot Whale Drive
67 397 12 Pilot Whale Drive
67 396 10 Pilot Whale Drive
67 395 8 Pilot Whale Drive
67 394 6 Pilot Whale Drive
67 387 64 Surfside Road
67 400 9 Pilot Whale Drive
67 401 7 Pilot Whale Drive
67 402 5 Pilot Whale Drive
67 403 3 Pilot Whale Drive
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
7. By placing the following properties currently located in the Residential 20 (R-20) district
in the Residential 40 (R-40) district:
Map Lot Number Street
41 392 26 New Lane
41 5 3 Gosnold Road
41 6 3 Gosnold Road
56 276 (a portion of) Prospect Hill Cemetery
56 458 17 Aurora Way
56 373 14 High Brush Path
56 391 Meadow View Drive
56 52 2 Marsh Hawk Lane
56 53 2 Marsh Hawk Lane
56 395 8 Marsh Hawk Lane
56 396 6 Marsh Hawk Lane
66 11 4 Marsh Hawk Lane
66 12 45 Somerset Road
30 92 2 Hallowell Lane
30 79 Cliff Road
30 80 Cliff Road
30 81 Cliff Road
30 82 Cliff Road
30 237 15 Gosnold Road
30 266 13 Gosnold Road
41 582 56 Madaket Road
41 583 54 Madaket Road
41 584 52 Madaket Road
41 585 50 Madaket Road
41 586 48 Madaket Road
41 587 46 Madaket Road
41 376 21 Grove Lane
41 342 35 Grove Lane
41 420 53 Grove Lane
41 421 45 Grove Lane
41 422 92 West Chester Street
41 423 92 West Chester Street
41 424 92 West Chester Street
41 425 92 West Chester Street
41 426 41 Grove Lane
41 427 41 Grove Lane
41 428 41 Grove Lane
41 429 41 Grove Lane
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
41 341 92 West Chester Street
41 484 47 Grove Lane
41 434 32 Grove Lane
All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 48 Zoning Map
Change: R-40 - Town Overlay District, Maps 1, 2, and 3” dated January 2011 and filed
herewith at the Office of the Town Clerk.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 49
(Zoning Map Change: LUG-3 – Country Overlay District)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
taking the following actions:
1. By placing the following properties currently located in the Residential 20 (R-20) district
in the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
21 15 (a portion of) 25 Sesachacha Road
21 16 (a portion of) 23 Sesachacha Road
21 17 (a portion of) 21 Sesachacha Road
21 20 (a portion of) Sesachacha Road
21 64 (a portion of) Quidnet Road
21 65 (a portion of) 78 Quidnet Road
21 66 (a portion of) 80 Quidnet Road
21 67 (a portion of) 84 Quidnet Road
21 68 (a portion of) 84 Quidnet Road
21 69 (a portion of) 86 Quidnet Road
21 70 (a portion of) 88 Quidnet Road
21 71 (a portion of) 90 Quidnet Road
21 75 (a portion of) R Quidnet Road
21 81.1 18 Sesachacha Road
21 107 (a portion of) 94 Quidnet Road
87 131 166 Surfside Road
87 44 (a portion of) 41R Nonantum Avenue
87 45 39 Nonantum Avenue
87 46 39 Nonantum Avenue
87 67 (a portion of) 8 Western Avenue
87 68 (a portion of) 8 Western Avenue
87 105 (a portion of) 160 Surfside Road
87 131 166 Surfside Road
87 Beach Parking Lot Portions of Western Avenue
87 Beach Parking Lot Portions of Atlantic Avenue
Page 71
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
87 Beach Parking Lot Portions of Poplar Street
87 Steps Lovers Lane Parcel 13
Map 2009-25 on file at the
Registry of Deeds
88 40 Beach
88 41 Beach
88 42 Beach
88 43 Beach
88
Nonantum Avenue west of
Hawthorne Street Beach
2. By placing the following properties currently located in the Limited Use General 1 (LUG-
1) district in the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
43 68 22 Cathcart Road
43 155 Shimmo Pond Road
54 7 49 Monomoy Road
54 91 26A Polpis Road
54 53 Creeks
55 640 Creeks
54 641 Creeks
55 643 Goose Pond Lane
55 415 Creeks
55 414 6 Goose Pond Lane
55 276 Shore Reservation
55 298 Monomoy Creek Road
55.1.4 9.1 100 Washington Street
55.1.4 9.2 98 Washington Street
55.1.4 9.3 102 Washington Street
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
87 67 (a portion of) 8 Western Avenue
87 68 (a portion of) 8 Western Avenue
31 12 Capaum Pond
31 13.1 38 Washing Pond Road
34 2 Eel Point Road
34 3 Eel Point Road
38 8 190 Madaket Road
38 Portions of Long Pond
38 8.1 Madaket Road
40 18 211 Cliff Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
40 25.4 113 Madaket Road
40 56 212 Cliff Road
40 57 204 Cliff Road
40 58 202 Cliff Road
40 62 215 Cliff Road
41 1 157 Cliff Road
41 65 165 Cliff Road
63 20 19 Sheep Pond Road
63 21 17 Sheep Pond Road
63 22 15 Sheep Pond Road
63 23 13 Sheep Pond Road
63 24 9 Sheep Pond Road
63 38 35 Sheep Pond Road
63 53 27 Sheep Pond Road
63 54 Beach
65 28 159 Hummock Pond Road
67 49 15 Miacomet Road
79 13 Adams Street
79 Portion of former
Adams Street Lot 1 (a portion of) Plan 2011-33 on file at the Registry
of Deeds
80 47 Miacomet Park
80 1.1 15 South Shore Road
81 6 (a portion of) 120 Miacomet Road
81 29 Miacomet Park
81 29.1 - 29.8 Miacomet Park
81 30 - 48 Miacomet Park
81 49 - 51.1 Miacomet Park
81 68 Miacomet Park
81 69 Miacomet Park
81 75 - 89 Miacomet Park
81 90 - 99 Miacomet Park
81 100 - 116 Miacomet Park
81 117 - 128 Miacomet Park
81 129 156 Miacomet Road
81 130 - 142 Miacomet Park
81 143 Miacomet Park
81 144 Miacomet Park
81 145 100 Miacomet Road
81 146 (a portion of) 80 Miacomet Road
81 151 Miacomet Park
81 152 Miacomet Park
81 155 Miacomet Road
81 Eastern Shore of Miacomet Pond
82 9 Heller Way
82 60 5 Trinity Avenue
82 63 1 Trinity Avenue
82 84 231 Hummock Pond Road
86 15 Miacomet Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
86 16 - 33 Miacomet Park
86 34 - 36 Miacomet Park
86 37 - 47 Miacomet Park
86 48 - 71 Miacomet Park
86 72 - 95 Miacomet Park
86 96 - 116 Miacomet Park
86 117 - 131 Miacomet Park
86 132 - 144 Miacomet Park
86 145 - 160 Miacomet Park
86 161 - 175 Miacomet Park
86 176 - 181 Miacomet Park
86 182 - 193 Miacomet Flume
86 215 - 242 Miacomet Flume
86 243 - 262 Miacomet Park
86 263 - 264 Miacomet Flume
86 265 - 284 Miacomet Flume
86 286 - 292 Miacomet Flume
86 293 178 Miacomet Pk
86 294 Miacomet Pk
86 296 Miacomet Flume
86 296.1 Miacomet Flume
86 296.2 Miacomet Flume
86 296.3 Surfside
86 296.4 Surfside
86 297 - 300 Surfside
86 301 - 312 Miacomet Flume
87 36 Western Avenue
87 87 8 Hill Side Avenue
87 88 6 Hill Side Avenue
87 89 4 Hill Side Avenue
87 90 2 Hill Side Avenue
87 91 Weweeder Pd
87 128 75 South Shore Road
87 135 - 138 81 South Shore Road
87 144 Miacomet Flume
87 145 Miacomet Flume
87 146 Surfside
87 147 89 South Shore Road
4. By placing the following properties currently located in the ‘Sconset Residential 1 (SR-1)
district in the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
73.1.3 7.1 5 North Gully Road
73.2.4 42 4 Cod Fish Park Road
5. By placing the following property currently located in the Limited Use General 3 (LUG-
3) district in the Residential 20 (R-20) district:
Page 74
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Map Lot Number Street
87 Portion of Myles Standish Paper Street Lot 80 Map 2011-39 on file at
the Registry of Deeds
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 49 Zoning Map
Change: LUG-3 – Country Overlay District” dated January 2012 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 20 (R-20) district
in the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
21 15 (a portion of) 25 Sesachacha Road
21 16 (a portion of) 23 Sesachacha Road
21 17 (a portion of) 21 Sesachacha Road
21 20 (a portion of) Sesachacha Road
21 64 (a portion of) Quidnet Road
21 65 (a portion of) 78 Quidnet Road
21 66 (a portion of) 80 Quidnet Road
21 67 (a portion of) 84 Quidnet Road
21 68 (a portion of) 84 Quidnet Road
21 69 (a portion of) 86 Quidnet Road
21 70 (a portion of) 88 Quidnet Road
21 71 (a portion of) 90 Quidnet Road
21 75 (a portion of) R Quidnet Road
21 81.1 18 Sesachacha Road
21 107 (a portion of) 94 Quidnet Road
87 131 166 Surfside Road
87 44 (a portion of) 41R Nonantum Avenue
87 45 39 Nonantum Avenue
87 46 39 Nonantum Avenue
87 67 (a portion of) 8 Western Avenue
87 68 (a portion of) 8 Western Avenue
87 105 (a portion of) 160 Surfside Road
87 131 166 Surfside Road
87 Beach Parking Lot Portions of Western Avenue
87 Beach Parking Lot Portions of Atlantic Avenue
87 Beach Parking Lot Portions of Poplar Street
87 Steps Lovers Lane Parcel 13
Map 2009-25 on file at the
Registry of Deeds
88 40 Beach
88 41 Beach
88 42 Beach
Page 75
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
88 43 Beach
88
Nonantum Avenue west of
Hawthorne Street Beach
2. By placing the following properties currently located in the Limited Use General 1 (LUG-
1) district in the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
43 68 22 Cathcart Road
43 155 Shimmo Pond Road
54 7 49 Monomoy Road
54 91 26A Polpis Road
54 53 Creeks
55 640 Creeks
54 641 Creeks
55 643 Goose Pond Lane
55 415 Creeks
55 414 6 Goose Pond Lane
55 276 Shore Reservation
55 298 Monomoy Creek Road
55.1.4 9.1 100 Washington Street
55.1.4 9.2 98 Washington Street
55.1.4 9.3 102 Washington Street
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
87 67 (a portion of) 8 Western Avenue
87 68 (a portion of) 8 Western Avenue
31 12 Capaum Pond
31 13.1 38 Washing Pond Road
34 2 Eel Point Road
34 3 Eel Point Road
38 8 190 Madaket Road
38 Portions of Long Pond
38 8.1 Madaket Road
40 18 211 Cliff Road
40 25.4 113 Madaket Road
40 56 212 Cliff Road
40 57 204 Cliff Road
40 58 202 Cliff Road
40 62 215 Cliff Road
41 1 157 Cliff Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
41 65 165 Cliff Road
63 20 19 Sheep Pond Road
63 21 17 Sheep Pond Road
63 22 15 Sheep Pond Road
63 23 13 Sheep Pond Road
63 24 9 Sheep Pond Road
63 38 35 Sheep Pond Road
63 53 27 Sheep Pond Road
63 54 Beach
65 28 159 Hummock Pond Road
67 49 15 Miacomet Road
79 13 Adams Street
79 Portion of former
Adams Street Lot 1 (a portion of) Plan 2011-33 on file at the Registry
of Deeds
80 47 Miacomet Park
80 1.1 15 South Shore Road
81 6 (a portion of) 120 Miacomet Road
81 29 Miacomet Park
81 29.1 - 29.8 Miacomet Park
81 30 - 48 Miacomet Park
81 49 - 51.1 Miacomet Park
81 68 Miacomet Park
81 69 Miacomet Park
81 75 - 89 Miacomet Park
81 90 - 99 Miacomet Park
81 100 - 116 Miacomet Park
81 117 - 128 Miacomet Park
81 129 156 Miacomet Road
81 130 - 142 Miacomet Park
81 143 Miacomet Park
81 144 Miacomet Park
81 145 100 Miacomet Road
81 146 (a portion of) 80 Miacomet Road
81 151 Miacomet Park
81 152 Miacomet Park
81 155 Miacomet Road
81 Eastern Shore of Miacomet Pond
82 9 Heller Way
82 60 5 Trinity Avenue
82 63 1 Trinity Avenue
82 84 231 Hummock Pond Road
86 15 Miacomet Road
86 16 - 33 Miacomet Park
86 34 - 36 Miacomet Park
86 37 - 47 Miacomet Park
86 48 - 71 Miacomet Park
86 72 - 95 Miacomet Park
86 96 - 116 Miacomet Park
Page 77
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
86 117 - 131 Miacomet Park
86 132 - 144 Miacomet Park
86 145 - 160 Miacomet Park
86 161 - 175 Miacomet Park
86 176 - 181 Miacomet Park
86 182 - 193 Miacomet Flume
86 215 - 242 Miacomet Flume
86 243 - 262 Miacomet Park
86 263 - 264 Miacomet Flume
86 265 - 284 Miacomet Flume
86 286 - 292 Miacomet Flume
86 293 178 Miacomet Pk
86 294 Miacomet Pk
86 296 Miacomet Flume
86 296.1 Miacomet Flume
86 296.2 Miacomet Flume
86 296.3 Surfside
86 296.4 Surfside
86 297 - 300 Surfside
86 301 - 312 Miacomet Flume
87 36 Western Avenue
87 87 8 Hill Side Avenue
87 88 6 Hill Side Avenue
87 89 4 Hill Side Avenue
87 90 2 Hill Side Avenue
87 91 Weweeder Pd
87 128 75 South Shore Road
87 135 - 138 81 South Shore Road
87 144 Miacomet Flume
87 145 Miacomet Flume
87 146 Surfside
87 147 89 South Shore Road
4. By placing the following properties currently located in the ‘Sconset Residential 1 (SR-1)
district in the Limited Use General 3 (LUG-3) district:
Lot Number Street
73.1.3 7.1 5 North Gully Road
73.2.4 42 4 Cod Fish Park Road
5. By placing the following property currently located in the Limited Use General 3 (LUG-3)
district in the Residential 20 (R-20) district:
Map Lot Number Street
87 Portion of Myles Standish Paper Street Lot 80 Map 2011-39 on file at
the Registry of Deeds
Page 78
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 49 Zoning Map
Change: LUG-3 – Country Overlay District” dated January 2012 and filed herewith at the Office
of the Town Clerk.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 50
(Zoning Map Change: Surfside)
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 Limited Use General 2 (LUG-
2) district in the Limited Use 1 (LUG-1) district:
Map Lot Number Street
79 77 52 Pochick Avenue
79 27 62 Lovers Lane
79 128 54 Pochick Avenue
79 163 58 Pochick Avenue
79 162 60 Pochick Avenue
79 179 64 Pochick Avenue
79 178 64 Pochick Avenue
79 177 66 Pochick Avenue
79 176 21 Irving Street
79 175 Irving Street
79 156 68 Pochick Avenue
79 154 72 Pochick Avenue
79 118 27 Okorwaw Avenue
79 76 55 Pochick Avenue
79 127 53 Pochick Avenue
79 126 57 Pochick Avenue
79 125 59 Pochick Avenue
79 159 61 Pochick Avenue
79 158 18 Irving Street
79 160 Pochick Avenue
79 122 14 Irving Street
79 124 14 Irving Street
79 123 12 Irving Street
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
79 73 12 Irving Street
79 157 17 Irving Street
79 120 67 Pochick Avenue
79 121 15 Irving Street
79 72 13 Irving Street
79 119 69 Pochick Avenue
79 70 69R Pochick Avenue
79 71 69 Pochick Avenue
79 15 50 Weweeder Avenue
79 69 71 Pochick Avenue
79 68 75 Pochick Avenue
79 14 54 Weweeder Avenue
79 67 11 Adams Street
2. By placing the following properties currently located in the Limited Use General 2 (LUG-
2) district in the Limited Use 1 (LUG-1) district:
Map Lot Number Street
80 144 7 Masaquet Avenue
3. By placing the following properties currently located in the Limited Use General 2 (LUG-
2) district in the Limited Use 1 (LUG-1) district:
Map Lot Number Street
79 152 35 Okorwaw Avenue
79 151 41 Okorwaw Avenue
79 150 5 Monohansett Road
79 149 47 Okorwaw Avenue
79 117 4 Monohansett Road
79 116 2 Monohansett Road
79 115 1 Monohansett Road
79 114 49 Okorwaw Avenue
79 65 1R Monohansett Road
79 64 51 Okorwaw Avenue
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 50 Zoning Map
Change: Surfside” dated January 2012 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 80
Town of Nantucket 2012 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 Limited Use General 2 (LUG-
2) district in the Limited Use 1 (LUG-1) district:
Map Lot Number Street
79 77 52 Pochick Avenue
79 27 62 Lovers Lane
79 128 54 Pochick Avenue
79 163 58 Pochick Avenue
79 162 60 Pochick Avenue
79 179 64 Pochick Avenue
79 178 64 Pochick Avenue
79 177 66 Pochick Avenue
79 176 21 Irving Street
79 175 Irving Street
79 156 68 Pochick Avenue
79 154 72 Pochick Avenue
79 118 27 Okorwaw Avenue
79 76 55 Pochick Avenue
79 127 53 Pochick Avenue
79 126 57 Pochick Avenue
79 125 59 Pochick Avenue
79 159 61 Pochick Avenue
79 158 18 Irving Street
79 160 Pochick Avenue
79 122 14 Irving Street
79 124 14 Irving Street
79 123 12 Irving Street
79 73 12 Irving Street
79 157 17 Irving Street
79 120 67 Pochick Avenue
79 121 15 Irving Street
79 72 13 Irving Street
79 119 69 Pochick Avenue
79 70 69R Pochick Avenue
79 71 69 Pochick Avenue
79 15 50 Weweeder Avenue
Page 81
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
79 69 71 Pochick Avenue
79 68 75 Pochick Avenue
79 14 54 Weweeder Avenue
79 67 11 Adams Street
2. By placing the following property currently located in the Limited Use General 2 (LUG-2)
district in the Limited Use 1 (LUG-1) district:
Map Lot Number Street
80 144 7 Masaquet Avenue
3. By placing the following properties currently located in the Limited Use General 2 (LUG-
2) district in the Limited Use 1 (LUG-1) district:
Map Lot Number Street
79 152 35 Okorwaw Avenue
79 151 41 Okorwaw Avenue
79 150 5 Monohansett Road
79 149 47 Okorwaw Avenue
79 117 4 Monohansett Road
79 116 2 Monohansett Road
79 115 1 Monohansett Road
79 114 49 Okorwaw Avenue
79 65 1R Monohansett Road
79 64 51 Okorwaw Avenue
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 50 Zoning Map
Change: Surfside” dated January 2012 and filed herewith at the Office of the Town Clerk.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 51
(Zoning Map Change: Wauwinet)
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 1 (R-1) district in
the Limited Use General 1 (LUG-1) district:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
11 3 153 Wauwinet Road
11 4 151 Wauwinet Road
11 5 Wauwinet Road
11 6 147 Wauwinet Road
11 7 145 Wauwinet Road
11 8 143 Wauwinet Road
11 9 141 Wauwinet Road
11 10 139 Wauwinet Road
11 11.1 137 Wauwinet Road
11 21(50) 108 Wauwinet Road
11 22(31) 106 Wauwinet Road
11 23 104 Wauwinet Road
11 24.2 102 Wauwinet Road
11 24.3 100R Wauwinet Road
12 (portion of) 28 101 Squam Road
11 29 110 Wauwinet Road
11 31 106 Wauwinet Road
12 25/26 (a portion of) 105 Squam Road
12 23/24 1 Crows Nest Way
12 22.1 3 Crows Nest Way
12 22.2 5 Crows Nest Way
12 21 7 Crows Nest Way
12 20.1/20.2 9A/9B Crows Nest Way
2. By placing the following properties currently located in the Residential 1 (R-1) district in
the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
11 1 155 Wauwinet Road
11 25 (a portion of) 98 Wauwinet Road
11 26 (a portion of) 94 Wauwinet Road
7 1.1 (a portion of) 165 Wauwinet Road
7 1.6 (a portion of) Coskata
7 2 (a portion of) Coskata
3. By placing the following property currently located in the Residential 1 (R-1) district and
the Limited Use General 3 (LUG-3) district in the Limited Use General 1 (LUG-1) district:
Map Lot Number Street
11 24.1 100 Wauwinet Road
Page 83
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 51 Zoning Map
Change: Wauwinet” dated January 2012 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 1 (R-1) district in
the Limited Use General 1 (LUG-1) district:
11 3 153 Wauwinet Road
11 4 151 Wauwinet Road
11 5 Wauwinet Road
11 6 147 Wauwinet Road
11 7 145 Wauwinet Road
11 8 143 Wauwinet Road
11 9 141 Wauwinet Road
11 10 139 Wauwinet Road
11 11.1 137 Wauwinet Road
11 21(50) 108 Wauwinet Road
11 22(31) 106 Wauwinet Road
11 23 104 Wauwinet Road
11 24.2 102 Wauwinet Road
11 24.3 100R Wauwinet Road
12 (portion of) 28 101 Squam Road
11 29 110 Wauwinet Road
11 31 106 Wauwinet Road
12 25/26 (a portion of) 105 Squam Road
12 23/24 1 Crows Nest Way
12 22.1 3 Crows Nest Way
12 22.2 5 Crows Nest Way
12 21 7 Crows Nest Way
12 20.1/20.2 9A/9B Crows Nest Way
2. By placing the following properties currently located in the Residential 1 (R-1) district in
the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
11 1 155 Wauwinet Road
11 25 (a portion of) 98 Wauwinet Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
11 26 (a portion of) 94 Wauwinet Road
7 1.1 (a portion of) 165 Wauwinet Road
7 1.6 (a portion of) Coskata
7 2 (a portion of) Coskata
3. By placing the following property currently located in the Residential 1 (R-1) district and
the Limited Use General 3 (LUG-3) district in the Limited Use General 1 (LUG-1) district:
Map Lot Number Street
11 24.1 100 Wauwinet Road
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 51 Zoning Map
Change: Wauwinet” dated January 2012, revised February 2012, and filed herewith at the
Office of the Town Clerk.
PLANNING BOARD COMMENT: The parcels shown in strike-out have been removed from
the rezoning at the request of the property owners, who are working on an inter-family property
exchange. We anticipate that these parcels will be included in a future rezoning.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 52
(Zoning Map Change: Siasconset Center)
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 ‘Sconset Old Historic (SOH) district in
the Village Neighborhood (VN) district:
Map Lot Number Street
73.4.2 16 10 New Street (Siasconset)
73.2.4 34 6 Main Street (Siasconset)
73.2.4 35 4 Main Street (Siasconset)
73.2.4 33 8 Main Street (Siasconset)
73.2.4 32.1 10 Main Street (Siasconset)
73.2.4 32.2 1 Gully Road (Siasconset)
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 52 Zoning Map
Change: Siasconset Center” dated January 2012 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 85
Town of Nantucket 2012 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 ‘Sconset Old Historic
(SOH) district in the Village Neighborhood (VN) district:
Map Lot Number Street
73.4.2 16 10 New Street (Siasconset)
73.2.4 34 6 Main Street (Siasconset)
73.2.4 35 4 Main Street (Siasconset)
73.2.4 33 8 Main Street (Siasconset)
73.2.4 32.1 10 Main Street (Siasconset)
73.2.4 32.2 1 Gully Road (Siasconset)
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 52 Zoning Map
Change: Siasconset Center” dated January 2012 and filed herewith at the Office of the Town
Clerk.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 53
(Zoning Map Change: Siasconset SR-20 to SR-10)
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 ‘Sconset Residential 20 (SR-20) district
in the ‘Sconset Residential 10 (SR-10) district:
Map Lot Number Street
49 65.1 51R Sankaty Road
49 64 45 Sankaty Road
49 67 Anns Lane
49 68 5 Anns Lane
49 74.1 2 Meetinghouse Lane
49 74.2 4 Meetinghouse Lane
49 76 9 Meetinghouse Lane
49 76.1 6 Meetinghouse Lane
49 76.2 52 Sankaty Road
49 77 2 Eldridge Lane
49 77.1 4 Eldridge Lane
49 77.2 5 Eldridge Lane
49 78 54 Sankaty Road
49 79 56 Sankaty Road
49.2.3 16 16 Baxter Road
49.2.3 17 25 Sankaty Road
49.2.3 18 22 Sankaty Road
49.2.3 19 24 Sankaty Road
49.2.3 19.1 24B Sankaty Road
49.2.3 20 26 Sankaty Road
Page 86
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
49.2.3 23.3 29 Sconset Ave
49.2.3 23.4 30B Sankaty Road
49.2.3 23.5 30A Sankaty Road
49.2.3 24 26 Sconset Ave
49.2.3 25 32 Sconset Ave
49.2.3 31 28 Baxter Road
49.2.3 33 24 Baxter Road
49.2.3 35 22 Baxter Road
49.2.3 37 20 Baxter Road
49.2.3 39 18 Baxter Road
49.2.3 40 27 Sankaty Road
49.2.3 41 29 Sankaty Road
49.2.3 42 31 Sankaty Road
49.2.3 44 6 Emily Street
49.2.3 45 33 Sankaty Road
49.2.3 46 35 Sankaty Road
49.2.3 47 37 Sankaty Road
49.2.3 52 5 Emily Street
49.2.3 53 3 Emily Street
49.2.3 54 4 Emily Street
49.2.3 55 44 Sankaty Road
49.2.3 56 1 Jennifer Lane
49.3.2 3.1 40 Sankaty Road
49.3.2 3.2 11 Meetinghouse Lane
49.3.2 3.3 15 Meetinghouse Lane
49.3.2 4.1 3 Jennifer Lane
49.3.2 4.2 4 Jennifer Lane
49.3.2 5 24 Sconset Ave
49.3.2 5.1 24B Sconset Ave
73.1.4 1 5 Clifton Street
73.1.4 2 20 Sankaty Road
73.1.4 3 23 Sankaty Road
73.1.4 31 3 Rosaly Lane
73.1.4 32 1 Rosaly Lane
73.1.4 33 12 Baxter Road
73.1.4 34 6 Baxter Road
73.1.4 35 4 Butterfly Lane
73.1.4 36 11 Sankaty Road
73.1.4 37 4 Sankaty Road
73.1.4 45 19 Sankaty Road
73.1.4 46 17 Sankaty Road
73.1.4 47 15 Sankaty Road
73.4.1 8 1 Sconset Ave
73.4.1 9 18 Lindberg Ave
73.4.1 10 16 Lindberg Ave
73.4.1 30 10 Clifton Street
73.4.1 31 3 North Sias Road
73.4.1 32 2 North Sias Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
73.4.1 37 9 South Road
73.4.1 39 12 Clifton Street
73.4.1 40 5 North Sias Road
73.4.1 41 6 North Sias Road
73.4.1 42 4 North Sias Road
73.4.1 43 5 South Road
73.4.1 44 7 South Road
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 53 Zoning Map
Change: Siasconset SR-20 to SR-10” dated January 2012 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 ‘Sconset Residential 20
(SR-20) district in the ‘Sconset Residential 10 (SR-10) district:
Map Lot Number Street
49 65.1 51R Sankaty Road
49 64 45 Sankaty Road
49 67 Anns Lane
49 68 5 Anns Lane
49 74.1 2 Meetinghouse Lane
49 74.2 4 Meetinghouse Lane
49 76 9 Meetinghouse Lane
49 76.1 6 Meetinghouse Lane
49 76.2 52 Sankaty Road
49 77 2 Eldridge Lane
49 77.1 4 Eldridge Lane
49 77.2 5 Eldridge Lane
49 78 54 Sankaty Road
49 79 56 Sankaty Road
49.2.3 16 16 Baxter Road
49.2.3 17 25 Sankaty Road
49.2.3 18 22 Sankaty Road
49.2.3 19 24 Sankaty Road
49.2.3 19.1 24B Sankaty Road
49.2.3 20 26 Sankaty Road
49.2.3 23.3 29 Sconset Ave
49.2.3 23.4 30B Sankaty Road
49.2.3 23.5 30A Sankaty Road
49.2.3 24 26 Sconset Ave
49.2.3 25 32 Sconset Ave
49.2.3 26 43 Sankaty Road
49.2.3 31 28 Baxter Road
49.2.3 33 24 Baxter Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
49.2.3 35 22 Baxter Road
49.2.3 37 20 Baxter Road
49.2.3 39 18 Baxter Road
49.2.3 40 27 Sankaty Road
49.2.3 41 29 Sankaty Road
49.2.3 42 31 Sankaty Road
49.2.3 44 6 Emily Street
49.2.3 45 33 Sankaty Road
49.2.3 46 35 Sankaty Road
49.2.3 47 37 Sankaty Road
49.2.3 51 39 Sankaty Road
49.2.3 52 5 Emily Street
49.2.3 53 3 Emily Street
49.2.3 54 4 Emily Street
49.2.3 55 44 Sankaty Road
49.2.3 56 1 Jennifer Lane
49.2.3 57 2 Jennifer Lane
49.3.2 3.1 40 Sankaty Road
49.3.2 3.2 11 Meetinghouse Lane
49.3.2 3.3 15 Meetinghouse Lane
49.3.2 4.1 3 Jennifer Lane
49.3.2 4.2 4 Jennifer Lane
49.3.2 5 24 Sconset Avenue
49.3.2 5.1 24B Sconset Avenue
73.1.4 1 5 Clifton Street
73.1.4 2 20 Sankaty Road
73.1.4 3 23 Sankaty Road
73.1.4 31 3 Rosaly Lane
73.1.4 32 1 Rosaly Lane
73.1.4 33 12 Baxter Road
73.1.4 34 6 Baxter Road
73.1.4 35 4 Butterfly Lane
73.1.4 36 11 Sankaty Road
73.1.4 37 4 Sankaty Road
73.1.4 45 19 Sankaty Road
73.1.4 46 17 Sankaty Road
73.1.4 47 15 Sankaty Road
73.4.1 8 1 Sconset Avenue
73.4.1 9 18 Lindberg Avenue
73.4.1 10 16 Lindberg Avenue
73.4.1 30 10 Clifton Street
73.4.1 31 3 North Sias Road
73.4.1 32 2 North Sias Road
73.4.1 37 9 South Road
73.4.1 39 12 Clifton Street
73.4.1 40 5 North Sias Road
73.4.1 41 6 North Sias Road
73.4.1 42 4 North Sias Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
73.4.1 43 5 South Road
73.4.1 44 7 South Road
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 53 Zoning Map
Change: Siasconset SR-20 to SR-10” dated January 2012, revised February 2012, and filed
herewith at the Office of the Town Clerk.
PLANNING BOARD COMMENT: The parcels shown in strike-out have been removed and
three parcels have been added to the motion due to a mapping error.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 54
(Zoning Map Change: Flex Development and Open Space Residential Design)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 8, as follows (NOTE: new language is shown as highlighted text, language
to be deleted is shown by strikeout; these methods to denote changes are not meant to
become part of the final text; 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 delete sections 8A and 8B in their entirety.
2. To renumber section 8C as 8B and section 8D as 8C.
3. To delete and replace the title of section 8 and insert a new section 8A as follows:
§ 139-8. Residential Development Options
A. Flex Development and Open Space Residential Development may be allowed as an
alternative to a conventional subdivision. Flex Development may be allowed in the
Town Overlay District (TOD) through the issuance of a special permit by the Planning
Board. Open Space Residential Development is allowed by-right in the Country Overlay
District (COD). The primary purposes of these development options are as follows:
(a) to allow for greater flexibility and creativity in the design of residential
developments
(b) to encourage a more efficient form of development that consumes less open
land
(c) to reduce infrastructure and site disturbance through the creation of compact
development
(d) to encourage the permanent preservation of open space
(1) Requirements.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
(a) The following requirements shall apply to Flex Development and Open Space
Residential Development:
[1] All plans shall conform to the requirements of MGL c. 41 §§81K
through 81GG and the “Rules and Regulations Governing the
Subdivision of Land,” as may be amended by the Planning Board from
time to time.
[2] Building lots shall not be subject to the regularity formula in §139-
16D.
[3] Building lots shall be restricted from any further lot division that
results in additional building lots.
[4] To ensure that all common open space and common facilities within
the development will be properly maintained, a Homeowners
Association shall be established in the form of a corporation, nonprofit
organization, or trust. The Homeowners Association legal documents
shall be subject to approval by the Planning Board and shall be filed at
the Nantucket County Registry of Deeds or the Registry District of the
Land Court.
[5] The maximum number of building lots, excluding any bonuses, shall
not exceed the number which may otherwise have been created on a
conventional subdivision plan meeting all dimensional and upland
requirements of the Zoning Bylaw and in full conformance with (and
requiring no waivers from) the “Rules and Regulations Governing the
Subdivision of Land,” as may be amended by the Planning Board from
time to time, as demonstrated by the submission of a dimensioned
lotting plan.
(b) Preservation of open space shall be required, with the amount based on the
total tract size pursuant to sections (3) and (4) below.
[1] A restriction defining the protection of the open space shall be
enforceable by the Town or County of Nantucket and recorded at the
Nantucket County Registry of Deeds or the Registry District of the Land
Court. In addition, open space shall be:
(a) Owned by the Town of County of Nantucket; or
(b) Owned by the Nantucket Islands Land Bank; or
(c) Conveyed to an established nonprofit organization, a principal
purpose of which is the conservation of open land; or
(d) Subject to a permanent conservation restriction, as provided in
MGL c. 184 §§ 31 through 33, and owned in common by a
corporation or trust composed of the owners of lots within the
development.
[2] Open space shall be restricted to one or more of the following uses,
subject to approval of the Planning Board, in accordance with MGL c.
184 §§ 31 and 32:
(a) Preservation of important natural features on a lot
(b) Passive recreation, including but not limited to, nature study,
boating, fishing, hunting, picnicking, and horseback riding
(c) Active recreation
(d) Bicycle paths and walking trails
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
(e) Agriculture
(f) Structures accessory to the use of the open space which may
include, but is not limited to: boathouses, duck walks, landings,
barns, gazebos
(g) Water features consistent with the purposes described above
(h) Individual underground septic systems or wells that provide
service to the lots within the development
[3] Subject to sections (3) and (4), a maximum of 50% of the required
open space may be located on noncontiguous parcels of land in
common ownership with the tract to be developed. The Planning
Board shall determine the development potential of the noncontiguous
parcel(s) and consider the open space value subject to the following
criteria:
(a) Preservation of scenic views or vistas.
(b) Common border to existing open space.
(c) Existence of a fragile ecological environment.
(d) Agricultural importance.
(e) Importance to the community for recreation, water supply,
cultural or historic municipal use.
(f) Importance to the community as determined by the Planning
Board.
(2) Bonus lots.
(a) Flex Developments and Open Space Residential Developments shall be
entitled to bonus lots, subject to the requirements below. Bonus lots shall be
based on the number of building lots which could have been created through
a conventional subdivision plan, as set forth in Section 139-8A(1)(a)(5). For
all density calculations that result in a fractional number, only fractions equal
to or greater than 0.51 should be rounded to the next highest whole number.
[1] A 10% increase in the number of building lots that could have been
created through the submission of a conventional subdivision plan.
[2] A 10% increase if the open space remains open to the public
through a permanent access easement or conveyance to the Town or
County of Nantucket or the Nantucket Islands Land Bank.
[3] A 1% increase for each 10% of the cluster lots restricted to a single
dwelling unit, provided that the restricted lots would otherwise be
permitted a second dwelling pursuant to Board of Health regulations.
[4] The total increase in building lots shall not exceed 30% of the
number of building lots which could have been created through a
conventional subdivision plan.
(3) Flex Development
(a) Flex Development may be allowed in the Town Overlay District (TOD) through
the issuance of a special permit subject to the following:
[1] The Planning Board shall be the sole special permit granting
authority for relief pursuant to any provision of this chapter.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
[2] Planning Board approval of a special permit shall not substitute for
approval of a definitive subdivision or Approval Not Required (ANR)
plan.
[3] Flex Development shall be permitted in the R-40, R-20, R-10, R-5,
and ROH districts only and shall conform to the following dimensional
requirements:
R-40 R-20 R-10 R-5 ROH
Minimum tract area (acres) 5 3 2 1 1
Open land required (total tract) 70%50%40% 30% 25%
Minimum lot size (square feet) 10,000 7,500 4,000 3,000 3,000
Maximum lot ground cover ratio 35%30%50% 60% 65%
Minimum frontage 20 20 20 0 0
Front setback 5 5 5 5 0
Side/Rear setback 5 5 5 5 0
[4] The Planning Board may reduce, by up to 100%, the setbacks,
provided that the Planning Board finds that such a change will not have
an adverse impact on the neighborhood and that it will promote the
purposes and intent of this section.
[5] The Planning Board may reduce, by up to 100%, the required
frontage provided that the lot has sufficient access through an
easement.
[6] The Planning Board may waive the required minimum tract area
provided that the Planning Board finds that the proposed Flex
Development is more in keeping with the surrounding area, promotes a
more efficient use of land, and that it will promote the purposes and
intent of this section.
[7] Noncontiguous open space parcels, subject to section (1)(b)[3],
may be located in the Town Overlay District (TOD) or the Country
Overlay District (COD).
(b) The following development and design criteria will be considered by the
Planning Board during their review of an application for Flex Development:
[1] Landscaping features utilizing natural or manmade materials are
encouraged and may include effective screening, planting of street
trees, and preservation of existing mature vegetation.
[2] Sidewalks and walking paths which encourage pedestrian activity
are encouraged, including connections to adjacent neighborhoods and
bordering open spaces.
[3] Vehicular access should be consolidated in a small number of
widely spaced access points where practicable.
[4] Common driveways and shared parking areas are encouraged.
(c) The following performance criteria shall be reviewed by the Planning Board.
Mitigation measures proposed by the developer shall be considered:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
[1] Traffic flow and safety in the proposed development, the
neighborhood, and adjacent public and private ways will not be
significantly impacted in comparison with other development options;
[2] Quality of site design, building design (if applicable), and
landscaping enhances the area in comparison with other development
options;
[3] The provision of open land and any associated landscaping is
appropriate for the scale and location of the development as
determined by the Planning Board;
[4] That utilities and services, such as water and sewer, are adequate
for the proposed development.
(4) Open Space Development
(a) Open Space Development shall be allowed by-right within the Country
Overlay District (COD), subject to the following:
[1] For parcels of land within an Open Space Development, the
Planning Board shall be the sole special permit granting authority for
relief pursuant to any provision of this chapter.
[2] Open Space Development shall be permitted in the LUG-1, LUG-2,
LUG-3, and VR districts only and shall conform to the following
dimensional requirements:
LUG-3 LUG-2 LUG-1 VR
Minimum tract area (acres) 10 10 5 3
Open land required (total tract) 80%75%65% 60%
Minimum lot size (square feet) 10,000 10,000 10,000 10,000
Maximum lot ground cover ratio 20%20%20% 20%
Minimum frontage 20 20 20 20
Front setback 15 15 15 15
Side/Rear setback 10 10 10 10
[3] The Planning Board may issue a special permit to reduce, by up to
100%, the setbacks, provided that the Planning Board finds that such a
change will not have an adverse impact on the neighborhood and that
it will promote the purposes and intent of this section.
[4] Noncontiguous open space parcels, subject to section (1)(b)[3],
may be located in the Country Overlay District (COD) only.
[5] In any LUG zone, a minimum buffer of 50 feet of permanently
restricted and undisturbed open space (excluding walking paths and
fire access easements) shall be required between the proposed lot line
of any Open Space Residential Development lot and the outside
boundary of the subdivision tract. The Planning Board, through the
issuance of a special permit, may reduce or waive this requirement if it
finds that:
(a) Such reduction or waiver is necessitated by the shape or
topography of the tract of land; or
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
(b) Natural resources will be better protected by an alternative
location; or
(c) Equivalent protection against inconsistency with the existing
pattern of development has been provided.
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, section 8, as follows (NOTE: new language is shown as highlighted
text, language to be deleted is shown by strikeout; these methods to denote changes are not
meant to become part of the final text; 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 delete sections 8A and 8B in their entirety.
2. To renumber section 8C as 8B and section 8D as 8C.
3. To delete and replace the title of section 8 and insert a new section 8A as follows:
§ 139-8. Residential Development Options
A. Flex Development and Open Space Residential Development options shall become
effective on January 1, 2013 and may be allowed as an alternative to a conventional
subdivision. Flex Development may be allowed in the Town Overlay District (TOD)
through the issuance of a special permit by the Planning Board. Open Space
Residential Development is allowed by-right in the Country Overlay District (COD). The
primary purposes of these development options are as follows:
(a) to allow for greater flexibility and creativity in the design of residential
developments
(b) to encourage a more efficient form of development that consumes less open
land
(c) to reduce infrastructure and site disturbance through the creation of compact
development
(d) to encourage the permanent preservation of open space
(1) Requirements.
(a) The following requirements shall apply to Flex Development and Open Space
Residential Development:
[1] All plans shall conform to the requirements of MGL c. 41 §§81K
through 81GG and the “Rules and Regulations Governing the
Subdivision of Land,” as may be amended by the Planning Board from
time to time.
[2] Building lots shall not be subject to the regularity formula in §139-
16D.
Page 95
Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
[3] Building lots shall be restricted from any further lot division that
results in additional building lots.
[4] To ensure that all common open space and common facilities within
the development will be properly maintained, a Homeowners
Association shall be established in the form of a corporation, nonprofit
organization, or trust. The Homeowners Association legal documents
shall be subject to approval by the Planning Board and shall be filed at
the Nantucket County Registry of Deeds or the Registry District of the
Land Court.
[5] The maximum number of building lots, excluding any bonuses, shall
not exceed the number which may otherwise have been created on a
conventional subdivision plan meeting all dimensional and upland
requirements of the Zoning Bylaw and in full conformance with (and
requiring no waivers from) the “Rules and Regulations Governing the
Subdivision of Land,” as may be amended by the Planning Board from
time to time, as demonstrated by the submission of a dimensioned
lotting plan.
(b) Preservation of open space shall be required, with the amount based on the
total tract size pursuant to sections (3) and (4) below.
[1] A restriction defining the protection of the open space shall be
enforceable by the Town or County of Nantucket and recorded at the
Nantucket County Registry of Deeds or the Registry District of the Land
Court. In addition, open space shall be:
(a) Owned by the Town of County of Nantucket; or
(b) Owned by the Nantucket Islands Land Bank; or
(c) Conveyed to an established nonprofit organization, a principal
purpose of which is the conservation of open land; or
(d) Subject to a permanent conservation restriction, as provided in
MGL c. 184 §§ 31 through 33, and owned in common by a
corporation or trust composed of the owners of lots within the
development.
[2] Open space shall be restricted to one or more of the following uses,
subject to approval of the Planning Board, in accordance with MGL c.
184 §§ 31 and 32:
(a) Preservation of important natural features on a lot
(b) Passive recreation, including but not limited to, nature study,
boating, fishing, hunting, picnicking, and horseback riding
(c) Active recreation
(d) Bicycle paths and walking trails
(e) Agriculture
(f) Structures accessory to the use of the open space which may
include, but is not limited to: boathouses, duck walks, landings,
barns, gazebos
(g) Water features consistent with the purposes described above
(h) Individual underground septic systems or wells that provide
service to the lots within the development
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
[3] Subject to sections (3) and (4), a maximum of 50% of the required
open space may be located on noncontiguous parcels of land in
common ownership with the tract to be developed. The Planning
Board shall determine the development potential of the noncontiguous
parcel(s) and consider the open space value subject to the following
criteria:
(a) Preservation of scenic views or vistas.
(b) Common border to existing open space.
(c) Existence of a fragile ecological environment.
(d) Agricultural importance.
(e) Importance to the community for recreation, water supply,
cultural or historic municipal use.
(f) Importance to the community as determined by the Planning
Board.
(2) Bonus lots.
(a) Flex Developments and Open Space Residential Developments shall be
entitled to bonus lots, subject to the requirements below. Bonus lots shall be
based on the number of building lots which could have been created through
a conventional subdivision plan, as set forth in Section 139-8A(1)(a)(5). For
all density calculations that result in a fractional number, only fractions equal
to or greater than 0.51 should be rounded to the next highest whole number.
[1] A 10% increase in the number of building lots that could have been
created through the submission of a conventional subdivision plan.
[2] A 10% increase if the open space remains open to the public
through a permanent access easement or conveyance to the Town or
County of Nantucket or the Nantucket Islands Land Bank.
[3] A 1% increase for each 10% of the cluster lots restricted to a single
dwelling unit, provided that the restricted lots would otherwise be
permitted a second dwelling pursuant to Board of Health regulations.
[4] The total increase in building lots shall not exceed 30% of the
number of building lots which could have been created through a
conventional subdivision plan.
(3) Flex Development
(a) Flex Development may be allowed in the Town Overlay District (TOD) through
the issuance of a special permit subject to the following:
[1] The Planning Board shall be the sole special permit granting
authority for relief pursuant to any provision of this chapter.
[2] Planning Board approval of a special permit shall not substitute for
approval of a definitive subdivision or Approval Not Required (ANR)
plan.
[3] Flex Development shall be permitted in the R-40, R-20, R-10, R-5,
and ROH districts only and shall conform to the following dimensional
requirements:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
R-40 R-20 R-10 R-5 ROH
Minimum tract area (acres) 5 3 2 1 1
Open land required (total tract) 70%50%40% 30% 25%
Minimum lot size (square feet) 10,000 7,500 4,000 3,000 3,000
Maximum lot ground cover ratio 35%30%50% 60% 65%
Minimum frontage 20 20 20 0 0
Front setback 5 5 5 5 0
Side/Rear setback 5 5 5 5 0
[4] The Planning Board may reduce, by up to 100%, the setbacks,
provided that the Planning Board finds that such a change will not have
an adverse impact on the neighborhood and that it will promote the
purposes and intent of this section.
[5] The Planning Board may reduce, by up to 100%, the required
frontage provided that the lot has sufficient access through an
easement.
[6] The Planning Board may waive the required minimum tract area
provided that the Planning Board finds that the proposed Flex
Development is more in keeping with the surrounding area, promotes a
more efficient use of land, and that it will promote the purposes and
intent of this section.
[7] Noncontiguous open space parcels, subject to section (1)(b)[3],
may be located in the Town Overlay District (TOD) or the Country
Overlay District (COD).
(b) The following development and design criteria will be considered by the
Planning Board during their review of an application for Flex Development:
[1] Landscaping features utilizing natural or manmade materials are
encouraged and may include effective screening, planting of street
trees, and preservation of existing mature vegetation.
[2] Sidewalks and walking paths which encourage pedestrian activity
are encouraged, including connections to adjacent neighborhoods and
bordering open spaces.
[3] Vehicular access should be consolidated in a small number of
widely spaced access points where practicable.
[4] Common driveways and shared parking areas are encouraged.
(c) The following performance criteria shall be reviewed by the Planning Board.
Mitigation measures proposed by the developer shall be considered:
[1] Traffic flow and safety in the proposed development, the
neighborhood, and adjacent public and private ways will not be
significantly impacted in comparison with other development options;
[2] Quality of site design, building design (if applicable), and
landscaping enhances the area in comparison with other development
options;
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
[3] The provision of open land and any associated landscaping is
appropriate for the scale and location of the development as
determined by the Planning Board;
[4] That utilities and services, such as water and sewer, are adequate
for the proposed development.
(4) Open Space Development
(a) Open Space Development shall be allowed by-right within the Country
Overlay District (COD), subject to the following:
[1] For parcels of land within an Open Space Development, the
Planning Board shall be the sole special permit granting authority for
relief pursuant to any provision of this chapter.
[2] Open Space Development shall be permitted in the LUG-1, LUG-2,
LUG-3, and VR districts only and shall conform to the following
dimensional requirements:
LUG-3 LUG-2 LUG-1 VR
Minimum tract area (acres) 10 10 5 3
Open land required (total tract) 80%75%65% 60%
Minimum lot size (square feet) 10,000 10,000 10,000 10,000
Maximum lot ground cover ratio 20%20%20% 20%
Minimum frontage 20 20 20 20
Front setback 15 15 15 15
Side/Rear setback 10 10 10 10
[3] The Planning Board may issue a special permit to reduce, by up to
100%, the setbacks, provided that the Planning Board finds that such a
change will not have an adverse impact on the neighborhood and that
it will promote the purposes and intent of this section.
[4] Noncontiguous open space parcels, subject to section (1)(b)[3],
may be located in the Country Overlay District (COD) only.
[5] In any LUG zone, a minimum buffer of 50 feet of permanently
restricted and undisturbed open space (excluding walking paths and
fire access easements) shall be required between the proposed lot line
of any Open Space Residential Development lot and the outside
boundary of the subdivision tract. The Planning Board, through the
issuance of a special permit, may reduce or waive this requirement if it
finds that:
(a) Such reduction or waiver is necessitated by the shape or
topography of the tract of land; or
(b) Natural resources will be better protected by an alternative
location; or
(c) Equivalent protection against inconsistency with the existing
pattern of development has been provided.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 55
(Zoning Bylaw Amendment: Public Wellhead Recharge 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):
1. To amend section 12B as follows:
…The Public Wellhead Recharge District is located and bounded as shown on the
following maps incorporated by reference herein: for Siasconset, a map entitled "Public
Wellhead Recharge District: Siasconset," prepared by Horseley, Witten & Heggemann,
Inc. dated October, 1990; for the Town, a map entitled "Public Wellhead Recharge
District: Town," prepared by Haley & Ward, December 1994 September, 2011…
2. To amend section 12B, subsection 3(b) as follows:
In order to comply with Subsection B(2)(s)[1], any person or firm proposing land uses
which exceed the thresholds of this subsection shall apply the practices and
technologies found in a publication entitled: "Artificial Recharge: Evaluation and
Guidance to Municipalities: A Guide to Stormwater Infiltration Practices in Public Water
Supply Areas of Massachusetts," prepared by the Pioneer Valley Planning Commission
for the Massachusetts Department of Environmental Protection and the U.S.
Environmental Protection Agency--Region I; November, 1996, “Massachusetts
Stormwater Standards Handbook, Volume 1 – 3”, (MassDEP 2008) as such publication
may be amended from time to time, the respective Water Companies, in making their
finding of water quality compliance, shall decide which techniques and practices are
appropriate for each respective application.
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):
1. To amend section 12B as follows:
…The Public Wellhead Recharge District is located and bounded as shown on the
following maps incorporated by reference herein: for Siasconset, a map entitled "Public
Wellhead Recharge District: Siasconset," prepared by Horseley, Witten & Heggemann,
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Inc. dated October, 1990; for the Town, a map entitled "Public Wellhead Recharge
District: Town," prepared by Haley & Ward, December 1994 September, 2011…
2. To amend section 12B, subsection 3(b) as follows:
In order to comply with Subsection B(2)(s)[1], any person or firm proposing land uses which
exceed the thresholds of this subsection shall apply the practices and technologies found in a
publication entitled: "Artificial Recharge: Evaluation and Guidance to Municipalities: A Guide to
Stormwater Infiltration Practices in Public Water Supply Areas of Massachusetts," prepared by
the Pioneer Valley Planning Commission for the Massachusetts Department of Environmental
Protection and the U.S. Environmental Protection Agency--Region I; November, 1996,
“Massachusetts Stormwater Standards Handbook, Volume 1 – 3”, (MassDEP 2008) as such
publication may be amended from time to time, the respective Water Companies, in making
their finding of water quality compliance, shall decide which techniques and practices are
appropriate for each respective application.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 56
(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):
1. To amend section 2 by adding the following definition in alphabetical order:
TAKE OUT STATION: A designated area within a take-out food establishment where a
cash register or other means of taking and processing orders is located.
2. To amend section 12C subsection 2(b)[1] as follows:
[1] Within the ROH, R-1, R-5, R-10, R-20, and R-40 districts only, Tthere shall be no
more than two lots (including the subject lot) containing neighborhood employee
housing, employer dormitory housing previously approved by the special permit granting
authority under this chapter, or dormitory units that are legally nonconforming, all within
1,000 feet of the property line of a lot subject to this special permit;
3. To amend section 33A(3)(a) as follows:
Except where the Zoning Administrator or the permit granting authority determines that
a special permit is issued finding that the alteration, reconstruction, extension or
structural change to a structure does not increase its nonconforming nature.
4. To amend section 33A subsection 8 as follows:
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Preexisting, nonconforming lots may be increased in size through the addition of
adjoining property without the need for any relief under this Bylaw.changed; provided
that no change in size, shape, boundaries or frontage of any preexisting, nonconforming
lot shall be done in any manner except only pursuant to the issuance of a special permit
granted by the special permit granting authority designated by this chapter based upon
a finding that said change will not be substantially more detrimental than the existing
nonconformity to the neighborhood; provided, further, that no such special permit shall
be granted which creates any new nonconformity or increase any existing
nonconformity. Any other alteration in size, shape, boundary, ground coverage, or
frontage to a preexisting, nonconforming lot that does not increase an existing or create
a new nonconformity is allowed upon determination by the Zoning Administrator that
such alternation will not be substantially more detrimental to the neighborhood. New
lots created pursuant to MGL c. 41 § 81P, based upon the exception in the clause of
MGL c. 41§ 81L for lots containing two or more structures that predate the adoption of
subdivision control in the Town, shall have the same status as preexisting,
nonconforming lots, and any structures thereon, which predate the adoption of
subdivision control in the Town, shall have the status of preexisting nonconforming
structures.
5. To amend section 33E(1) as follows:
E. 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:
(1) 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.
(a) 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; or
(b) at the time of such amendment, the lot had the benefit of a zoning protection period
pursuant to MGL c. 40A, §6(5th par.) and was conveyed into separate ownership
from adjoining land prior to the end of such zoning protection, and remained in
separate ownership and control at all times since the expiration of such protection.
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, which access, in the opinion of
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the Planning Board, has sufficient width, suitable grades, and adequate construction to
provide for the needs of vehicular traffic in relation to the proposed construction and for the
installation of municipal services to serve the land in question and the buildings erected
and to be erected thereon.
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):
1. To amend section 2 by adding the following definition in alphabetical order:
TAKE OUT STATION: A designated area within a take-out food establishment where a
cash register or other means of taking and processing orders is located.
2. To amend section 12C subsection 2(b)[1] as follows:
[1] Within the ROH, R-1, R-5, R-10, R-20, and R-40 districts only, Tthere shall be no
more than two lots (including the subject lot) containing neighborhood employee
housing, employer dormitory housing previously approved by the special permit granting
authority under this chapter, or dormitory units that are legally nonconforming, all within
1,000 feet of the property line of a lot subject to this special permit;
3. To amend section 33A(3)(a) as follows:
Except where the Zoning Administrator or the permit granting authority determines that
a special permit is issued finding that the alteration, reconstruction, extension or
structural change to a structure does not increase its nonconforming nature.
4. To amend section 33A subsection 8 as follows:
Preexisting, nonconforming lots may be increased in area or frontage through the
addition of adjoining property without the need for any relief under this Bylaw.changed;
provided that no change in size, shape, boundaries or frontage of any preexisting,
nonconforming lot shall be done in any manner except only pursuant to the issuance of
a special permit granted by the special permit granting authority designated by this
chapter based upon a finding that said change will not be substantially more detrimental
than the existing nonconformity to the neighborhood; provided, further, that no such
special permit shall be granted which creates any new nonconformity or increase any
existing nonconformity. Any other alteration to a preexisting, nonconforming lot that
does not increase an existing or create a new nonconformity is allowed upon
determination by the Zoning Administrator that such alternation will not be substantially
more detrimental to the neighborhood. New lots created pursuant to MGL c. 41 § 81P,
based upon the exception in the clause of MGL c. 41§ 81L for lots containing two or
more structures that predate the adoption of subdivision control in the Town, shall have
the same status as preexisting, nonconforming lots, and any structures thereon, which
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
predate the adoption of subdivision control in the Town, shall have the status of
preexisting nonconforming structures.
5. To amend section 33E(1) as follows:
E. 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:
(1) 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.
(a) 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; or
(b) at the time of such amendment, the lot had the benefit of a zoning protection period
pursuant to MGL c. 40A, §6(5th par.) and was conveyed into separate ownership
from adjoining land prior to the end of such zoning protection, and remained in
separate ownership and control at all times since the expiration of such protection.
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, which access, in the opinion of
the Planning Board, has sufficient width, suitable grades, and adequate construction to
provide for the needs of vehicular traffic in relation to the proposed construction and for the
installation of municipal services to serve the land in question and the buildings erected
and to be erected thereon.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 57
(Zoning Bylaw Amendment: Solar 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:
1. To amend Section 139- 12 as follows:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
A. By amending the title of §139-12 as follows:
Overlay Districts Flood Hazard (FHD), Public Well Recharge (PWR), Multifamily (MF),
Neighborhood Employee Housing (NEHOD), County Overlay District (COD) and Town
Overlay District (TOD), Harbor Overlay District (HOD), Multi-Family Overlay District
(MFOD), Village Height Overlay District (VHOD), and Solar Energy Overlay District
(SEOD).
B. By adding a new subsection §139-12.L, as follows:
Solar Energy Overlay District (SEOD). Notwithstanding the provisions of 139-7, solar
energy facilities located in the SEOD may proceed without the need for a special permit,
variance, or other discretionary approval.
A. This section shall apply to new land based solar 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, as set forth in §139-23 shall be required for all
solar energy facilities in the SEOD. The Planning Board shall be the
minor site plan review authority for solar energy facilities in the SEOD.
In addition to the minor site plan review requirements of§139-23, the
following information shall 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 solar energy facility to each structure
shown shall also be included.
ii. Any existing overhead utility lines.
iii. Documentation of the solar energy facility’s manufacturer and
model and the length, width and height of the solar array.
iv. The name, address and contact information of all applicants,
property owners and agents representing the applicant and/or
owner.
v. Property lines and physical features, including roads, for the
project site;
vi. Proposed changes to the landscape of the site, grading,
vegetation clearing and planting, exterior lighting, screening
vegetation or structures;
vii. Blueprints or drawings of the solar photovoltaic installation
signed by a Professional Engineer licensed to practice in the
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Commonwealth of Massachusetts showing the proposed layout
of the system and any potential shading from nearby structures
viii. One or three line electrical diagram detailing the solar
photovoltaic installation, associated components, and electrical
interconnection methods, with all National Electrical Code
compliant disconnects and overcurrent devices;
ix. Documentation of the major system components to be used,
including the PV panels, mounting system, and inverter;
x. Name, address, and contact information for proposed system
installer;
xi. Name, address, phone number and signature of the project
proponent, as well as all co-proponents or property owners, if
any;
xii. The name, contact information and signature of any agents
representing the project proponent;
b. Zoning district designation for the parcel(s) of land comprising the
project site (submission of a copy of a zoning map with the parcel(s)
identified is suitable for this purpose);
c. Proof of liability insurance; and
d. Description of financial surety that satisfies Section 3.12.3.
The Site Plan Review Authority may waive documentary requirements as it deems
appropriate.
C. Site Control
The project proponent shall submit documentation of actual or
prospective access and control of the project site sufficient to allow for
construction and operation of the proposed solar photovoltaic
installation.
D. Operation & Maintenance Plan
The project proponent shall submit a plan for the operation and
maintenance of the large- scale ground-mounted solar photovoltaic
installation, which shall include measures for maintaining safe access
to the installation, storm water controls, as well as general procedures
for operational maintenance of the installation.
E. Utility Notification
No large- scale ground –mounted solar photovoltaic installation shall be
constructed until evidence has been given to the Site Plan Review
Authority that the utility company that operates the electrical grid where
the installation is to be located has been informed of the solar
photovoltaic installation owner or operator’s intent to install an
interconnected customer-owned generator. Off-grid systems shall be
exempt from this requirement.
F. Dimension and Density Requirements
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
a. For large - scale ground-mounted solar photovoltaic installations, front,
side and rear setbacks shall be as follows:
The following setback requirements shall apply:
i. Front yard: The front yard depth shall be at least 10 feet; provided,
however, that where the lot abuts a Conservation-Recreation or
Residential district, the front yard shall not be less than 50 feet.
ii. Side yard. Each side yard shall have a depth at least 15 feet; provided,
however, that where the lot abuts a Conservation-Recreation or
Residential district, the front yard shall not be less than 50 feet.
iii. Rear yard. The rear yard depth shall be at least 25 feet; provided,
however, that where the lot abuts a Conservation-Recreation or
Residential district, the front yard shall not be less than 50 feet.
iv. The Planning Board may, during minor site plan review, waive the
above setback requirements based on site specific considerations.
G. Appurtenant Structures
All appurtenant structures to large- scale ground-mounted solar
photovoltaic installations shall be subject to reasonable regulations
concerning the bulk and height of structures, lot area, setbacks, and
open space, parking and building coverage requirements. All such
appurtenant structures, including but not limited to, equipment shelters,
storage facilities, transformers, and substations, shall be architecturally
compatible with each other. Whenever reasonable, structures should
be shaded from view by vegetation and/or joined or clustered to avoid
adverse visual impacts.
H. Appurtenant Structures
I. Design Standards
a. Lighting
i. Lighting of solar photovoltaic installations shall be consistent
with local, state and federal law. Lighting of other parts of the
installation, such as appurtenant structures, shall be limited to that
required for safety and operational purposes, and shall be
reasonably shielded from abutting properties. Where feasible,
lighting of the solar photovoltaic installation shall be directed
downward and shall incorporate full cut-off fixtures to reduce light
pollution.
b. Signage
i. Signs on large- scale ground-mounted solar photovoltaic
installations shall comply with a municipality’s sign bylaw. A
sign consistent with a municipality’s sign bylaw shall be required
to identify the owner and provide a 24-hour emergency contact
phone number.
ii. Solar photovoltaic installations shall not be used for displaying
any advertising except for reasonable identification of the
manufacturer or operator of the solar photovoltaic installation.
c. Utility Connections
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i. Reasonable efforts, as determined by the Site Plan Review
Authority, shall be made to place all utility connections from the
solar photovoltaic installation underground, depending on
appropriate soil conditions, shape, and topography of the site
and any requirements of the utility provider. Electrical
transformers for utility interconnections may be above ground if
required by the utility provider.
J. Safety and Environmental Standards
a. Emergency Services
i. The large-scale solar photovoltaic installation owner or
operator shall provide a copy of the project summary, electrical
schematic, and site plan to the local fire chief. Upon request the
owner or operator shall cooperate with local emergency services
in developing an emergency response plan. All means of
shutting down the solar photovoltaic installation shall be clearly
marked. The owner or operator shall identify a responsible
person for public inquiries throughout the life of the installation.
b. Land Clearing, Soil Erosion and Habitat Impacts
i. Clearing of natural vegetation shall be limited to what is
necessary for the construction, operation and maintenance of
the large – scale ground-mounted solar photovoltaic installation
or otherwise prescribed by applicable laws, regulations, and
bylaws.
K. Monitoring and Maintenance
a. Solar Photovoltaic Installation Conditions - The large - scale ground-
mounted solar photovoltaic installation owner or operator shall maintain
the facility in good condition. Maintenance shall include, but not be
limited to, painting, structural repairs, and integrity of security
measures. Site access shall be maintained to a level acceptable to the
local Fire Chief and Emergency Medical Services. The owner or
operator shall be responsible for the cost of maintaining the solar
photovoltaic installation and any access road(s), unless accepted as a
public way.
b. Modifications - All material modifications to a solar photovoltaic
installation made after issuance of the required building permit shall
require approval by the Site Plan Review Authority.
L. Removal Requirements
a. Any large- scale ground-mounted solar photovoltaic installation
which has reached the end of its useful life or has been abandoned
consistent with Section 3.12.2 of this bylaw shall be removed. The
owner or operator shall physically remove the installation no more than
150 days after the date of discontinued operations. The owner or
operator shall notify the Site Plan Review Authority by certified mail of
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
the proposed date of discontinued operations and plans for removal.
Decommissioning shall consist of:
(a.) Physical removal of all large- scale ground-mounted solar
photovoltaic installations, structures, equipment, security barriers and
transmission lines from the site.
(b.) Disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations.
(c.) Stabilization or re-vegetation of the site as necessary to minimize
erosion. The Site Plan Review Authority may allow the owner or
operator to leave landscaping or designated below-grade foundations
in order to minimize erosion and disruption to vegetation.
M. Abandonment
a. Absent notice of a proposed date of decommissioning or written
notice of extenuating circumstances, the solar photovoltaic installation
shall be considered abandoned when it fails to operate for more than
one year without the written consent of the Site Plan Review Authority.
If the owner or operator of the large- scale ground-mounted solar
photovoltaic installation fails to remove the installation in accordance
with the requirements of this section within 150 days of abandonment
or the proposed date of decommissioning, the town may enter the
property and physically remove the installation.
N. ADDITONAL PROVISIONS (if any)
a. To amend §139-2 as follows, by inserting the following new definition in
alphabetical order:
i. Large-Scale Ground-Mounted Solar Photovoltaic Installation: A solar
photovoltaic system that is structurally mounted on the ground and is
not roof-mounted, and has a minimum nameplate capacity of 250 kW
DC.
ii. On-Site Solar Photovoltaic Installation: A solar photovoltaic
installation that is constructed at a location where other uses of the
underlying property occur.
iii. Rated Nameplate Capacity: The maximum rated output of electric
power production of the Photovoltaic system in Direct Current (DC).
iv. Solar energy facilities – All of the equipment, machinery, and structures
used for either the primary or accessory purpose of converting, storing or
transmitting electricity generated from solar energy
b. To amend §139-4 to add the following:
DISTRICT ABBREVIATION
Solar Energy Overlay District SEOD
i. The Solar Energy Overlay District (SEOD) includes the following parcels:
Map 39, Lot 14, Number 188, Madaket Road
Map 58, Lot 1, Massasoit Bridge Road
Map 58, Lot 38, Madaket Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
c. To amend §139-17.B to add the following subsection:
7. Solar energy facilities located within the SEOD.
Or to take any other action related thereto.
(Charles Stott, et al)
PLANNING BOARD MOTION: Moved to take no action.
PLANNING BOARD COMMENT: The land included in the proposed SEOD is owned by the
Town of Nantucket. Solar energy facilities are permitted as a municipal use in all zoning
districts, therefore, the proposed overlay district is not necessary to allow such use.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of this article is 2/3.
ARTICLE 58
(Bylaw Amendment: Shellfish, Taking of)
To see if the Town will vote to amend Chapter 122 (Shellfish, Taking of) of the Code of
the Town of Nantucket as follows (NOTE: new language is shown as highlighted text,
language to be deleted is shown by strike-out; these methods to denote changes are not meant
to become part of the final text; 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):
§ 122-2. Permit conditions.
No person shall receive a permit from the Selectmen for the taking of shellfish unless under the
following conditions, viz (for commercial use):
C. The applicant shall pay as a fee for said permit a sum to be set by the Selectmen from
time to time, except that there shall be no fee charged to any resident applicant over 60
years of age who does not hold a state commercial permit and agrees not to sell his/her
catch in the commercial market. The Selectmen may set fees for commercial and family
licenses.
§ 122-11. Family permits; fee.
A. Family permits shall be issued for a period of one year from April 1 at a fee to be set by
the Selectmen and shall be good for the taking of eels, sea worms and any and all kinds of
shellfish and shall not allow the taking of shellfish of a size, or in an area defined closed by
State of Massachusetts, the Board of Selectmen or the Marine Superintendent, or at a
season prohibited by law and shall be subject to such other rules and regulations as the
Selectmen shall set from time to time.
Or to take any other action related thereto.
(Board of Selectmen for Harbor & Shellfish Advisory Board)
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FINANCE COMMITTEE MOTION: Moved that Chapter 122 (Shellfish, Taking of) 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 strike-out; 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):
§ 122-2. Permit conditions.
No person shall receive a permit from the Selectmen for the taking of shellfish unless under the
following conditions, viz (for commercial use):
C. The applicant shall pay as a fee for said permit a sum to be set by the Selectmen from
time to time, except that there shall be no fee charged to any resident applicant over 60
years of age who does not hold a state commercial permit and agrees not to sell his/her
catch in the commercial market. The Selectmen may set fees for commercial and family
licenses.
§ 122-11. Family permits; fee.
A. Family permits shall be issued for a period of one year from April 1 at a fee to be set by
the Selectmen and shall be good for the taking of eels, sea worms and any and all kinds of
shellfish and shall not allow the taking of shellfish of a size, or in an area defined closed by
State of Massachusetts, the Board of Selectmen or the Marine Superintendent, or at a
season prohibited by law and shall be subject to such other rules and regulations as the
Selectmen shall set from time to time.
ARTICLE 59
(Bylaw Amendment: Town Property, Conveyance of)
To see if the Town will vote to rescind Section 4 (Acquisition of Land for Town Offices)
of Chapter 46 (Town Property, Conveyance of) of the Code of the Town of Nantucket. Section
4 currently reads:
All acquisitions by the Town of Nantucket, whether by purchase or by lease, of vacant or
improved land outside the downtown core district, the acquisition of which is for the
construction and/or renovation for use as Town offices, shall require a vote of the Town
Meeting; no offices presently within the downtown core district shall be relocated to any site
outside the downtown core district without a vote of the Town Meeting.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The Committee believes issues of this magnitude
deserve to be considered by Town Meeting.
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ARTICLE 60
(Bylaw Amendment: Personnel)
To see if the Town will vote to amend Chapter 33 (Personnel) of the Code of the Town
of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be
deleted is shown by strike-out; these methods to denote changes are not meant to become
part of the final text; 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):
33-4. All Town departments and positions, except those under the jurisdiction of the School
Committee; Airport Commission; elected positions; employees of the Wannacomet Water
Company that are under the direction and control of the Nantucket Water Commission; the
positions of Town Counsel, Town Prosecutor and Labor Counsel; and certain positions for
which the compensation is on a fee basis or the incumbents of which render intermittent or
casual services, shall be subject to the provisions of this chapter and any rules and regulations
adopted pursuant to this chapter. Provisions of collective bargaining agreements shall govern
those employees whenever collective bargaining agreements conflict with the provisions of this
chapter and any rules and regulations adopted pursuant to this chapter.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE/BOARD OF SELECTMEN JOINT COMMENT: Inclusion in the Town’s
Personnel Bylaw of the Airport and Wannacomet Water Enterprise Funds (as is the case with
other enterprise funds such as Our Island Home) is necessary for consistency in the
application of uniform regulations, policies and classification and compensation schedules for
non-union personnel; however, rather than amending the Bylaw at this Town Meeting, Town
Administration will work with the Airport and Wannacomet over the next year to develop such
consistent and uniform regulations, and amendments to the Personnel Bylaw for future
consideration by Town Meeting.
ARTICLE 61
(Bylaw Amendment: Coastal Properties Owned by Town, Management of)
To see if the Town will vote to delete Chapter 67 of the Code of the Town of Nantucket,
“Management of Coastal Properties Owned by Town”.
(Arthur I. Reade, Jr., et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Committee considered the effect of six citizen-
sponsored articles (61, 62, 63, 64, 65 and 71) that would alter Chapter 67 of the Town Code,
ranging from its elimination (this article) to requiring a ballot question to approve leasing or
licensing of Town-owned land (71). As it exists, Chapter 67 is a moratorium for the use of
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Town-owned land along Nantucket’s eastern shore in conjunction with various private erosion-
control applications. It was adopted in 2008 and extended to December 31, 2013 in 2010.
The Committee recognized that there are impending actions of the Board of Selectmen to
appoint a work group with a timeline for the creation of the Coastal Management Plan (the
“Plan”) required by Chapter 67. The Committee also found the recommendation of the
Nantucket Planning and Economic Development Commission (NP&EDC) for “no action” to be
compelling since the articles attempt to impede or interfere with the course of action outlined
by Chapter 67’s adoption four years ago at a mid-point in the process.
The Committee is concerned that the Plan proceed to development without further delay and
notes that open-ended moratoria has been found by the courts to be contrary to the State’s
Constitution. Recommendations regarding process for adoption, leasing and licensing should
be articulated in the Plan. The Committee notes that the Plan should be available prior to or
during the development of the 2013 Annual Town Meeting warrant should there be specific
policy matters that need further debate.
ARTICLE 62
(Bylaw Amendment: Coastal Properties Owned by Town, Management of)
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, subject to the adoption by the Board of Selectmen of such coastal
management principles as they shall approve, and 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.
FINANCE COMMITTEE COMMENT: The Committee considered the effect of six citizen-
sponsored articles (61, 62, 63, 64, 65 and 71) that would alter Chapter 67 of the Town Code,
ranging from its elimination (Article 61) to requiring a ballot question to approve leasing or
licensing of Town-owned land (71). As it exists, Chapter 67 is a moratorium for the use of
Town-owned land along Nantucket’s eastern shore in conjunction with various private erosion-
control applications. It was adopted in 2008 and extended to December 31, 2013 in 2010.
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The Committee recognized that there are impending actions of the Board of Selectmen to
appoint a work group with a timeline for the creation of the Coastal Management Plan (the
“Plan”) required by Chapter 67. The Committee also found the recommendation of the
Nantucket Planning and Economic Development Commission (NP&EDC) for “no action” to be
compelling since the articles attempt to impede or interfere with the course of action outlined
by Chapter 67’s adoption four years ago at a mid-point in the process.
The Committee is concerned that the Plan proceed to development without further delay and
notes that open-ended moratoria has been found by the courts to be contrary to the State’s
Constitution. Recommendations regarding process for adoption, leasing and licensing should
be articulated in the Plan. The Committee notes that the Plan should be available prior to or
during the development of the 2013 Annual Town Meeting warrant should there be specific
policy matters that need further debate.
ARTICLE 63
(Bylaw Amendment: Coastal Properties Owned by Town, Management of)
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.
FINANCE COMMITTEE COMMENT: The Committee considered the effect of six citizen-
sponsored articles (61, 62, 63, 64, 65 and 71) that would alter Chapter 67 of the Town Code,
ranging from its elimination (Article 61) to requiring a ballot question to approve leasing or
licensing of Town-owned land (71). As it exists, Chapter 67 is a moratorium for the use of
Town-owned land along Nantucket’s eastern shore in conjunction with various private erosion-
control applications. It was adopted in 2008 and extended to December 31, 2013 in 2010.
The Committee recognized that there are impending actions of the Board of Selectmen to
appoint a work group with a timeline for the creation of the Coastal Management Plan (the
“Plan”) required by Chapter 67. The Committee also found the recommendation of the
Nantucket Planning and Economic Development Commission (NP&EDC) for “no action” to be
compelling since the articles attempt to impede or interfere with the course of action outlined
by Chapter 67’s adoption four years ago at a mid-point in the process.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
The Committee is concerned that the Plan proceed to development without further delay and
notes that open-ended moratoria has been found by the courts to be contrary to the State’s
Constitution. Recommendations regarding process for adoption, leasing and licensing should
be articulated in the Plan. The Committee notes that the Plan should be available prior to or
during the development of the 2013 Annual Town Meeting warrant should there be specific
policy matters that need further debate.
ARTICLE 64
(Bylaw Amendment: Coastal Properties Owned by Town, Management of)
To see if the Town will vote to: Amend Chapter 67, Coastal Properties Owned by Town,
Management of of the Charter and Code of the Town of Nantucket by amending Section 67-1
D. Duration of moratorium as follows: after the word “established” at the end of the first
sentence, insert the words, “and approved by any annual or special town meeting, to the extent
that such approval is consistent with Federal and/or state law.”
Or to take any other action related thereto.
(Catherine Flanagan Stover, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Committee considered the effect of six citizen-
sponsored articles (61, 62, 63, 64, 65 and 71) that would alter Chapter 67 of the Town Code,
ranging from its elimination (Article 61) to requiring a ballot question to approve leasing or
licensing of Town-owned land (71). As it exists, Chapter 67 is a moratorium for the use of
Town-owned land along Nantucket’s eastern shore in conjunction with various private erosion-
control applications. It was adopted in 2008 and extended to December 31, 2013 in 2010.
The Committee recognized that there are impending actions of the Board of Selectmen to
appoint a work group with a timeline for the creation of the Coastal Management Plan (the
“Plan”) required by Chapter 67. The Committee also found the recommendation of the
Nantucket Planning and Economic Development Commission (NP&EDC) for “no action” to be
compelling since the articles attempt to impede or interfere with the course of action outlined
by Chapter 67’s adoption four years ago at a mid-point in the process.
The Committee is concerned that the Plan proceed to development without further delay and
notes that open-ended moratoria has been found by the courts to be contrary to the State’s
Constitution. Recommendations regarding process for adoption, leasing and licensing should
be articulated in the Plan. The Committee notes that the Plan should be available prior to or
during the development of the 2013 Annual Town Meeting warrant should there be specific
policy matters that need further debate.
ARTICLE 65
(Bylaw Amendment: Coastal Properties Owned by Town, Management of)
To see if the Town will vote to: Amend Chapter 67, Coastal Properties Owned by Town,
Management of of the Charter and Code of the Town of Nantucket by amending as follows:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Add new “Section 67-1 E. Coastal Land, leasing or licensing Leasing or licensing any Town-
owned coastal land for private erosion-control protection purposes shall be approved by vote at
any Annual or Special Town Meeting.”
Or to take any other action related thereto.
(Catherine Flanagan Stover, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Committee considered the effect of six citizen-
sponsored articles (61, 62, 63, 64, 65 and 71) that would alter Chapter 67 of the Town Code,
ranging from its elimination (Article 61) to requiring a ballot question to approve leasing or
licensing of Town-owned land (71). As it exists, Chapter 67 is a moratorium for the use of
Town-owned land along Nantucket’s eastern shore in conjunction with various private erosion-
control applications. It was adopted in 2008 and extended to December 31, 2013 in 2010.
The Committee recognized that there are impending actions of the Board of Selectmen to
appoint a work group with a timeline for the creation of the Coastal Management Plan (the
“Plan”) required by Chapter 67. The Committee also found the recommendation of the
Nantucket Planning and Economic Development Commission (NP&EDC) for “no action” to be
compelling since the articles attempt to impede or interfere with the course of action outlined
by Chapter 67’s adoption four years ago at a mid-point in the process.
The Committee is concerned that the Plan proceed to development without further delay and
notes that open-ended moratoria has been found by the courts to be contrary to the State’s
Constitution. Recommendations regarding process for adoption, leasing and licensing should
be articulated in the Plan. The Committee notes that the Plan should be available prior to or
during the development of the 2013 Annual Town Meeting warrant should there be specific
policy matters that need further debate.
ARTICLE 66
(Bylaw Amendment: Parking)
To see if the Town will vote to amend Chapter 103 (Parking) of the Code of the Town of
Nantucket by adding the following:
Article V. Parking Structures
§103-16. Definitions.
As used in this article, the following term shall have the meaning indicated:
MULTI-STORY PARKING STRUCTURE
A building which is designed primarily for automobile parking and where there are
multiple floors or levels on which parking takes place. It does not include a garage
accessory to a single family residence.
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§103-17. Requirement for Town Meeting Vote.
No private or public entity shall construct a multi-story parking structure within the Town unless
the construction of the structure is approved by a majority vote of an Annual or Special Town
Meeting. This requirement shall be in addition to permitting requirements imposed by other
provisions of the Town Code.
(Grant Sanders, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: While the Committee understands the proponent’s
intent, this Article is procedurally flawed in that it regulates land uses that are already
addressed in the Zoning Bylaw, specifically, provisions relating to the location of parking lots
and structures. Defining and allowing “multi-story parking structures” is most appropriately
accomplished through an amendment to the Zoning Bylaw, which already deals with parking.
The Committee agrees issues of this magnitude deserve approval by Town Meeting, and
suggests the Planning Office and the proponent work cooperatively over the next year to refine
a proper zoning article for consideration at a future town meeting.
ARTICLE 67
(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;
Land Bank; one member of the Planning Board; one member of the Park and Recreation
Commission; and one member of the Nantucket Housing Authority. Additionally, the Land
Bank and the Board of Selectmen shall each appoint one member, who may, but need not, be
a member of the appointing body. 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 elected for three year terms from among the registered voters of the Town.
from the community. The Board of Selectmen shall appoint these members for one-year terms;
thereafter these members shall be determined each third year through normal Town election
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
and balloting procedures. Whenever necessary, these members-at-large shall be appointed by
the Board of Selectmen to fill an unexpired term.
And further, 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 relative to the Community Preservation Committee in the Town of Nantucket
Section 1. Notwithstanding the provisions of section 5(a) of chapter 44B of the general laws, or
of any other general or special law to the contrary, where the historical commission of the town
of Nantucket created under section 8D of chapter 40 did not exist at the time the Community
Preservation Act was adopted by said town, the community preservation committee in the town
of Nantucket shall include one member of the historic district commission established under
section 4 of chapter 40C of the general laws, as selected by the commission, in place of one
member of the historical commission. Provided, however, that the preceding sentence shall
not be interpreted to preclude the town of Nantucket from including a member of said historical
commission on the community preservation committee either by appointment or election
consistent with the then applicable community preservation committee bylaw.
Section 2. This act shall take effect upon passage.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Town vote to amend Chapter 11
(Committees), Article VI (Community Preservation 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):
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 Historical Commission Historic
District 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; and 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
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
two members for one-year terms; thereafter all appointments shall be for three-year terms.
There shall also be two members-at-large elected for three year terms from among the
registered voters of the Town. from the community. The Board of Selectmen shall appoint
these members for one-year terms; thereafter these members shall be determined each third
year through normal Town election and balloting procedures. Whenever necessary, these
members-at-large shall be appointed by the Board of Selectmen to fill an unexpired term.
Provided further that on the effective date of this amendment, the terms of representatives of
any of the appointing authorities who are not members thereof, and of any appointee of the
Historic District Commission, shall terminate.
ARTICLE 68
(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
41 820 (a portion of) 6 Old Westmoor Farm Road
41 821 (a portion of) 8 Old Westmoor Farm Road
41 822 (a portion of) 10 Old Westmoor Farm Road
41 828 (a portion of) 11 Old Westmoor Farm Road
41 829 (a portion of) 9 Old Westmoor Farm Road
41 830 (a portion of) 7 Old Westmoor Farm Road
41 93.1 95 West Chester Street
41 831 5 Old Westmoor Farm Road
41 343.1 82 West Chester Street
41 343 84 West Chester Street
41 533.1 86 West Chester Street
41 533 90 West Chester Street
41 340 94 West Chester Street
41 483 96 West Chester Street
41 339 98 West Chester Street
41 337 (formerly 338) 102 West Chester Street
41 336.1 106 West Chester Street
41 336 20 Crooked Lane
41 335 24 Crooked Lane
41 335.1 24R Crooked Lane
41 333 (formerly 334) 28 Crooked Lane
41 332 30 Crooked Lane
41 331 32 Crooked Lane
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
41 330 36 Crooked Lane
41 419 (includes 418) 57 and 35 Grove Lane
41 416 58 Grove Lane
41 417 60 Grove Lane
41 329 42 Crooked Lane
41 202 41 Crooked Lane
41 201 61 Madaket Road
41 201.2 57 Madaket Road
41 201.3 43 Crooked Lane
41 201.1 63 Madaket Road
41 200 62 Madaket Road
41 200.4 64 Madaket Road
41 200.2 68 Madaket Road
41 200.3 66 Madaket Road
41 462.3 70 Madaket Road
41 462.8 72 Madaket Road
41 433 34B Grove Lane
41 433.1 34A Grove Lane
41 406 18 Meadow Lane
41 406.1 17 Meadow Lane
41 600 16 Meadow Lane
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 68” dated January
2012 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 Chapter 41 (Board of Sewer Commissioners),
section 41-3A (Town Sewer District) of the Code of the Town of Nantucket is amended by
adding the following parcels to the Town Sewer District:
Map Lot Number Street
41 820 (a portion of) 6 Old Westmoor Farm Road
41 821 (a portion of) 8 Old Westmoor Farm Road
41 822 (a portion of) 10 Old Westmoor Farm Road
41 828 (a portion of) 11 Old Westmoor Farm Road
41 829 (a portion of) 9 Old Westmoor Farm Road
41 830 (a portion of) 7 Old Westmoor Farm Road
41 93.1 95 West Chester Street
41 831 5 Old Westmoor Farm Road
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
41 343.1 82 West Chester Street
41 343 84 West Chester Street
41 533.1 86 West Chester Street
41 533 90 West Chester Street
41 340 94 West Chester Street
41 483 96 West Chester Street
41 339 98 West Chester Street
41 337 (formerly 338) 102 West Chester Street
41 336.1 106 West Chester Street
41 336 20 Crooked Lane
41 335 24 Crooked Lane
41 335.1 24R Crooked Lane
41 333 (formerly 334) 28 Crooked Lane
41 332 30 Crooked Lane
41 331 32 Crooked Lane
41 330 36 Crooked Lane
41 419 (includes 418) 57 and 35 Grove Lane
41 416 58 Grove Lane
41 417 60 Grove Lane
41 329 42 Crooked Lane
41 202 41 Crooked Lane
41 201 61 Madaket Road
41 201.2 57 Madaket Road
41 201.3 43 Crooked Lane
41 201.1 63 Madaket Road
41 200 62 Madaket Road
41 200.4 64 Madaket Road
41 200.2 68 Madaket Road
41 200.3 66 Madaket Road
41 462.3 70 Madaket Road
41 462.8 72 Madaket Road
41 433 34B Grove Lane
41 433.1 34A Grove Lane
41 406 18 Meadow Lane
41 406.1 17 Meadow Lane
41 600 16 Meadow Lane
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 68” dated January
2012 and filed herewith at the Office of the Town Clerk.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Quantum of vote required for passage of a positive motion on the article (if the funding source is
borrowing) is 2/3.
ARTICLE 69
(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
54 158 10 Berkeley Avenue
54 150 6 Berkeley Avenue
54 215 4 Berkeley Avenue
54 261 3 Brewster Road
54 221 16 Brewster Road
54 220.1 5 Boston Avenue
54 220.2 20 Brewster Road
54 222 17 Brewster Road
54 175.1 19 Brewster Road
54 296 21 Brewster Road
54 175.2 23 Brewster Road
54 174 25 Brewster Road
54 173 27 Brewster Road
54 293 29 Brewster Road
54 294 29 Brewster Road
54 173.1 29B Brewster Road
54 172 31 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
54 171 28 Brewster Road
54 84 32 Brewster Road
54 83 5 Cathcart Road
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 69” dated January
2012 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
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(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Committee, in consultation with the Board of
Selectmen agrees that these properties will be examined further for inclusion into the Town
Sewer District pending completion of an update to the Comprehensive Wastewater
Management Plan.
ARTICLE 70
(Bylaw Amendment: Board of Sewer Commissioners)
To see if the Town will vote to amend Chapter 41 of the Code of the Town of Nantucket,
section 3, by adding the following paragraph after the existing text of subsection B:
The Board of Sewer Commissioners is authorized to enlarge the above described Town and
Siasconset Sewer Districts, as authorized section 10 of Chapter 396 of the Acts of 2008 and an
affirmative vote on Article _____ of the 2012 Annual Town Meeting, by including properties
within “Needs Areas” as defined by Nantucket’s Comprehensive Wastewater Management
Plan prepared by Earth Tech dated March 2004 and approved by the Secretary of
Environmental Affairs on May 14, 2004, as may be amended from time to time, provided that
the following conditions exist:
1. The Nantucket Board of Health recommends the addition of property(s) due to
environmental or health related issues.
2. Property(s) is connected to the sewer and was omitted from the original district;
3. The Nantucket Board of Sewer Commissioners finds that a connection should be made
due to unforeseen emergency conditions that require immediate action;
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: The Committee, in consultation with the Board of
Selectmen agrees that this matter can be reviewed further pending completion of an update to
the Comprehensive Wastewater Management Plan.
ARTICLE 71
(Home Rule Petition: Lease/License of Town-owned
Land for Private Erosion Control Measures)
To see if the Town will vote to: request its representatives in the General Court to
introduce legislation seeking a special act as set forth below and to authorize the General
Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting
the language of this proposed legislation in order to secure passage, and to authorize the
Board of Selectmen to approve such changes as are consistent with the purposes of this
petition:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
AN ACT REQUIRING A BALLOT VOTE FOR LEASING OR LICENSING TOWN-OWNED
LAND FOR THE PURPOSES OF PRIVATE EROSION-CONTROL MEASURES
SECTION 1. Notwithstanding the provisions of MGL Chapter 40, Section 4, or of any general
or special law to the contrary, no land owned by the Town of Nantucket shall be leased or
licensed for private erosion-control purposes without such lease or license first being approved
by the voters of the town at an annual or special town election.
SECTION 2. This act shall become effective upon passage.
(Catherine Flanagan Stover, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Committee considered the effect of six citizen-
sponsored articles (61, 62, 63, 64, 65 and 71) that would alter Chapter 67 of the Town Code,
ranging from its elimination (Article 61) to requiring a ballot question to approve leasing or
licensing of Town-owned land (this Article). As it exists, Chapter 67 is a moratorium for the use
of Town-owned land along Nantucket’s eastern shore in conjunction with various private
erosion-control applications. It was adopted in 2008 and extended to December 31, 2013 in
2010.
The Committee recognized that there are impending actions of the Board of Selectmen to
appoint a work group with a timeline for the creation of the Coastal Management Plan (the
“Plan”) required by Chapter 67. The Committee also found the recommendation of the
Nantucket Planning and Economic Development Commission (NP&EDC) for “no action” to be
compelling since the articles attempt to impede or interfere with the course of action outlined
by Chapter 67’s adoption four years ago at a mid-point in the process.
The Committee is concerned that the Plan proceed to development without further delay and
notes that open-ended moratoria has been found by the courts to be contrary to the State’s
Constitution. Recommendations regarding process for adoption, leasing and licensing should
be articulated in the Plan. The Committee notes that the Plan should be available prior to or
during the development of the 2013 Annual Town Meeting warrant should there be specific
policy matters that need further debate.
ARTICLE 72
(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:
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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".
Or to take any other action related thereto.
(Board of Selectmen)
NOTE : The above home rule petition was approved as Article 80 at the 2011 Annual Town
Meeting. Home rule petitions currently pending before the Legislature, which were not acted
upon by December 31, 2011 will expire unless renewed by a confirmatory town meeting vote.
FINANCE COMMITTEE MOTION : Moved that the Town’s representatives in the General
Court be requested 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 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
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
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".
ARTICLE 73
(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 totaling 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.
Or to take any other action related thereto.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
(Board of Selectmen for Nantucket Islands Land Bank Commission)
NOTE: The above home rule petition was approved as Article 82 at the 2011 Annual Town
Meeting. Home rule petitions currently pending before the Legislature, which were not acted
upon by December 31, 2011 will expire unless renewed by a confirmatory town meeting vote.
FINANCE COMMITTTEE MOTION: Moved that the Town’s representatives to the General
Court be instructed to introduce legislation 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 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 totaling 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 74
(Home Rule Petition: Real Estate Conveyance to Land Bank)
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 AUTHORIZING THE TOWN OF NANTUCKET 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 and notwithstanding the provisions of any general or special
law to the contrary, the Town of Nantucket may transfer, sell, convey or otherwise dispose of
certain land situated in the Town of Nantucket and described as follows:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Assessors Map 38, Parcel 30, 55 Warrens Landing Road, shown as Lot C on
Land Court Plan 12127-B, drawn by Josiah S. Barrett, Engineer, dated July
1950, and filed with Certificate of Title No. 3255 at the Registry District of
Nantucket County (a.k.a. The Wood Property).
Section 2. This act shall take effect upon its passage.
Or to take any other action related thereto.
(Board of Selectmen)
NOTE: This parcel will be transferred for conveyance to the Land Bank.
FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General
Court are hereby requested to introduce legislation as set forth below, and that the General
Court be authorized, with the approval of the 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 AUTHORIZING THE TOWN OF NANTUCKET 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 and notwithstanding the provisions of any general or special
law to the contrary, the Town of Nantucket may transfer, sell, convey or otherwise dispose of
certain land situated in the Town of Nantucket and described as follows:
Assessors Map 38, Parcel 30, 55 Warrens Landing Road, shown as Lot C on
Land Court Plan 12127-B, drawn by Josiah S. Barrett, Engineer, dated July
1950, and filed with Certificate of Title No. 3255 at the Registry District of
Nantucket County (a.k.a. The Wood Property).
Section 2. This act shall take effect upon its passage.
ARTICLE 75
(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
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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.
Or to take any other action related thereto.
(Board of Selectmen)
NOTE: The above home rule petition was approved as Article 66 of the 2009 Annual Town
Meeting; Article 62 of the 2010 Annual Town Meeting and Article 83 of the 2011 Annual Town
Meeting. Home rule petitions currently pending before the legislature, which were not acted
upon by December 31, 2011, will expire unless renewed by a confirmatory town meeting vote.
FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General
Court are hereby requested to introduce legislation set forth below, and 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
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
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 76
(Home Rule Petition: Nantucket Mosquito Control Project)
To see if the Town will vote to authorize the Board of Selectmen to petition the General
Court for a special act creating the Nantucket Mosquito Control Project, in the form set forth
herein; provided, however, that the General Court may make clerical or editorial changes of
form only to the bill, unless the Board of Selectmen approve amendments to the bill before
enactment by the General Court; and, provided further that the Board of Selectmen is hereby
authorized to approve amendments which shall be within the scope of the general public
objectives of this petition:
AN ACT ESTABLISHING THE NANTUCKET MOSQUITO CONTROL PROJECT
Be it enacted by the Senate and House of Representatives in General Court assembled, and
by the authority of the same as follows:
Section 1. Section 2 of chapter 169 of the acts of 1965 is hereby amended by striking out
the words “mosquito control commission” from the first sentence.
Section 2. The area included in the county and town of Nantucket is hereby constituted a
mosquito control project under section five A of chapter two hundred and fifty-two of the
General Laws, to the same extent as if so constituted by the state reclamation board acting
under said section five A, and the improvements herein authorized shall be undertaken under
the identifying name of the Nantucket Mosquito Control Project.
Section 3. There shall be a commission as provided under said section five A of chapter two
hundred and fifty-two which shall consist of five members. The members shall be appointed by
the board of selectmen, subject to approval of the state reclamation board. Of the members
first appointed hereunder, one shall be appointed for a term of one year, one for a term of two
years, one for a term of three years, one for a term of four years and one for a term of five
years, and each shall serve until the qualification of their respective successors. Upon the
expiration of the term of any member, his successor shall be appointed in like manner for a
term of five years. The commission shall elect its own chairman and clerk and shall keep
accurate records of its meetings.
Section 4. Beginning with the fiscal year commencing July first, two thousand and thirteen,
to meet the expenses incurred under this act, there shall be annually expended from the state
treasury, subject to appropriation, sums equal in the aggregate to two cents on each one
thousand dollars of equalized valuation of the county and town of Nantucket, as most recently
reported by the tax commission to the general court under the provisions of section ten C of
chapter fifty-eight of the General Laws; and the state treasurer shall issue his warrant requiring
the assessors of the county and town of Nantucket to assess a tax to the amount of the sums
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
so expended and such amounts shall be collected and paid to the state treasurer as provided
in section twenty of chapter fifty-nine of the General Laws; provided, that the county and Town
of Nantucket may in any year anticipate in whole or in part its assessment, and appropriate,
raise and deposit the amount thereof with the state treasurer, and any sum so deposited shall
be credited against such assessment. There may also be expended for the purposes of this
act voluntary contributions for such purposes and deposited in the state treasury. There may
also be expended for the purposes of this act any appropriations made by the town meeting of
the town of Nantucket for mosquito control purposes.
Section 5. The funds appropriated and deposited as aforesaid shall be expended by the
project for the investigation, construction and maintenance of mosquito control works in the
project in cooperation with the state reclamation board in accordance with such known
methods, including entry onto private land pursuant to section five B of chapter two hundred
and fifty-two of the General Laws, as in its opinion will effect the greatest measure of relief.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General
Court are hereby requested to introduce legislation set forth below, and 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 ESTABLISHING THE NANTUCKET MOSQUITO CONTROL PROJECT
Be it enacted by the Senate and House of Representatives in General Court assembled, and
by the authority of the same as follows:
Section 1. Section 2 of chapter 169 of the acts of 1965 is hereby amended by striking out
the words “mosquito control commission” from the first sentence.
Section 2. The area included in the county and town of Nantucket is hereby constituted a
mosquito control project under section five A of chapter two hundred and fifty-two of the
General Laws, to the same extent as if so constituted by the state reclamation board acting
under said section five A, and the improvements herein authorized shall be undertaken under
the identifying name of the Nantucket Mosquito Control Project.
Section 3. There shall be a commission as provided under said section five A of chapter two
hundred and fifty-two which shall consist of five members. The members shall be appointed by
the board of selectmen, subject to approval of the state reclamation board. Of the members
first appointed hereunder, one shall be appointed for a term of one year, one for a term of two
years, one for a term of three years, one for a term of four years and one for a term of five
years, and each shall serve until the qualification of their respective successors. Upon the
expiration of the term of any member, his successor shall be appointed in like manner for a
term of five years. The commission shall elect its own chairman and clerk and shall keep
accurate records of its meetings.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 77
(Home Rule Petition: Regulation of Fertilizer Use)
To see if the Town will vote to re-authorize the Board of Selectmen to petition the
General Court to enact Special Legislation so as to carry out the vote taken under Article 68 of
the April 6, 2010 Annual Town Meeting, as follows; provided the General Court may make
clerical or editorial changes of form only to the bill, unless the Board of Selectmen approves
amendments to the bill before enactment by the General Court. The Board of Selectmen is
hereby authorized to approve amendments which shall be within the scope of the general
public objectives of this petition, or take any other action relative thereto:
An Act Regulating the Content and Application of Fertilizer Used in the Town of Nantucket
Be it enacted by the Senate and House of Representatives in General Court assembled, and
by the authority of the same as follows:
Section 1. Findings
1.1. There is sound scientific evidence to conclude that nitrogen and phosphorus in fertilizers
are contaminants that negatively affect fresh and salt waters when present in excessive
amounts. These excessive amounts of nitrogen and phosphorus contribute to undesirable
algae and aquatic plant growth within all Nantucket water bodies. This undesirable algae and
aquatic plant growth has a adverse affect on public health through the degradation of waters
used for drinking water, shellfishing, and recreational swimming and boating.
Section 2. Purpose
2.1. It is necessary to control by regulation in the Town of Nantucket the use of fertilizer that
contains phosphorus and nitrogen so as to improve the water quality of the Town.
2.2. The soils of Nantucket are unique insofar as Nantucket has significant amounts of coarse,
sandy soils that are subject to rapid water infiltration, percolation and leaching of nutrients, and
such unique local conditions require that Nantucket retain localized control over the amounts of
nitrogen and phosphorus added to soils through the application of fertilizers.
2.3. The Nantucket Board of Health has established a fertilizer regulation based on Best
Management Practices developed by a broad group of stakeholders representing diverse
interests that has been reviewed by soil and turf scientists and educators and has been
determined appropriate for the unique soils and climate of Nantucket.
2.4. This Act provides for a reduction of nitrogen and phosphorus going into Nantucket’s waters
and wetlands by means of an organized system of education, licensure, and regulation of
practice and should help Nantucket to achieve compliance with the Total Maximum Daily
Loads (TMDL) prescribed by the Commonwealth of Massachusetts for nitrogen and
phosphorus in its waters.
Section 3. Local Regulation by the Town of Nantucket
3.1. This Act shall apply to the content and application of fertilizer used in the Town of
Nantucket, notwithstanding any General or Special law to the contrary, including but not limited
to any General or Special law conferring exclusive authority upon the Department of
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Agriculture to regulate and control the application of fertilizers elsewhere in the
Commonwealth.
3.2. The Town of Nantucket is hereby specially authorized to regulate the content and
application of fertilizer used in the Town of Nantucket either through a general bylaw enacted
by a majority vote of its Town Meeting and/or through a regulation adopted by its Board of
Health in accordance with the procedure set forth in Section 3.3 of this Act.
3.3. Notwithstanding the requirements of G.L. c. 111, §31, no such Board of Health regulations
shall be adopted or amended until such time as the Board of Health shall hold a public hearing
thereon, notice of the time, place and subject matter of which, sufficient for identification, shall
be given by publishing in a newspaper of general circulation in the Town once in each of two
successive weeks, the first publication to be not less than fourteen days prior to the date set for
such hearing. No such amendment shall be effective unless the proposed amendment has
been reviewed and commented upon by soil and turf scientists and educators and it is passed
by a four-fifths vote of the Board of Health.
Section 4. Effective Date
This act shall take effect upon passage.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General
Court are hereby requested to introduce legislation set forth below, and 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 Regulating the Content and Application of Fertilizer Used in the Town of Nantucket
Be it enacted by the Senate and House of Representatives in General Court assembled, and
by the authority of the same as follows:
Section 1. Findings
1.1. There is sound scientific evidence to conclude that nitrogen and phosphorus in fertilizers
are contaminants that negatively affect fresh and salt waters when present in excessive
amounts. These excessive amounts of nitrogen and phosphorus contribute to undesirable
algae and aquatic plant growth within all Nantucket water bodies. This undesirable algae and
aquatic plant growth has a adverse affect on public health through the degradation of waters
used for drinking water, shellfishing, and recreational swimming and boating.
Section 2. Purpose
2.1. It is necessary to control by regulation in the Town of Nantucket the use of fertilizer that
contains phosphorus and nitrogen so as to improve the water quality of the Town.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
2.2. The soils of Nantucket are unique insofar as Nantucket has significant amounts of coarse,
sandy soils that are subject to rapid water infiltration, percolation and leaching of nutrients, and
such unique local conditions require that Nantucket retain localized control over the amounts of
nitrogen and phosphorus added to soils through the application of fertilizers.
2.3. The Nantucket Board of Health has established a fertilizer regulation based on Best
Management Practices developed by a broad group of stakeholders representing diverse
interests that has been reviewed by soil and turf scientists and educators and has been
determined appropriate for the unique soils and climate of Nantucket.
2.4. This Act provides for a reduction of nitrogen and phosphorus going into Nantucket’s waters
and wetlands by means of an organized system of education, licensure, and regulation of
practice and should help Nantucket to achieve compliance with the Total Maximum Daily
Loads (TMDL) prescribed by the Commonwealth of Massachusetts for nitrogen and
phosphorus in its waters.
Section 3. Local Regulation by the Town of Nantucket
3.1. This Act shall apply to the content and application of fertilizer used in the Town of
Nantucket, notwithstanding any General or Special law to the contrary, including but not limited
to any General or Special law conferring exclusive authority upon the Department of
Agriculture to regulate and control the application of fertilizers elsewhere in the
Commonwealth.
3.2. The Town of Nantucket is hereby specially authorized to regulate the content and
application of fertilizer used in the Town of Nantucket either through a general bylaw enacted
by a majority vote of its Town Meeting and/or through a regulation adopted by its Board of
Health in accordance with the procedure set forth in Section 3.3 of this Act.
3.3. Notwithstanding the requirements of G.L. c. 111, §31, no such Board of Health regulations
shall be adopted or amended until such time as the Board of Health shall hold a public hearing
thereon, notice of the time, place and subject matter of which, sufficient for identification, shall
be given by publishing in a newspaper of general circulation in the Town once in each of two
successive weeks, the first publication to be not less than fourteen days prior to the date set for
such hearing. No such amendment shall be effective unless the proposed amendment has
been reviewed and commented upon by soil and turf scientists and educators and it is passed
by a four-fifths vote of the Board of Health.
Section 4. Effective Date
This act shall take effect upon passage.
ARTICLE 78
(Acceptance of Massachusetts General Law: Senior Citizen Tax Bill Work-off Program)
To see if the Town will vote to accept the provisions of G.L. c. 59, §5K to establish a
program for persons over 60 to volunteer to provide services to the Town in exchange for a
reduction in the real estate property tax bills of such persons.
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Town of Nantucket 2012 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 provisions of G.L. c.59, §5K is hereby
accepted.
ARTICLE 79
(Real Estate Conveyance: 149 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 149 Surfside Road, more particularly described as Lots 5-16, Block 173 on plan in
Plan Book 2, Page 26, on file at the Nantucket County Registry of Deeds, subject to
Massachusetts General Law Chapter 30B and to take any other action as may be related or
appropriate thereto.
(Jessie M. Glidden, et al)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to sell,
convey, or otherwise dispose of any interest the Town may have in, or to, part of that certain
property located at 149 Surfside Road, more particularly described as Lots 5-16, Block 173 on
plan in Plan Book 2, Page 26, on file at the Nantucket County Registry of Deeds, subject to
Massachusetts General Law Chapter 30B.
FINANCE COMMITTEE COMMENT: This article involves a title issue, caused by the Town,
that will be corrected. The subject property has been taxed and treated as private land.
ARTICLE 80
(Real Estate Disposition: 47 Boulevarde)
To see if the Town will vote to transfer from the Town Treasurer for Tax Title purposes
or from such other board or officer as might have custody of the land described below for the
purposes for which the land is currently held, to the Board of Selectmen for use, lease, or
conveyance for affordable housing purposes, and to authorize the Board to lease said land for
a period of up to 50 years or convey said land, the property at issue being located at 47
Boulevarde, Assessor’s Map 79, Parcel 75, upon such terms and conditions, and for such
consideration, as the Board of Selectmen deems appropriate; and provided further that the
Board of Selectmen be authorized to convey to a non-profit corporation, foundation, trust or
organization an affordable housing restriction in said property, or to take any other action
related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Town Treasurer transfer for tax title
purposes or from such other board or officer as might have custody of the land described
below for the purposes for which the land is currently held, to the Board of Selectmen for use,
lease, or conveyance for affordable housing purposes, and to authorize the Board to lease said
land for a period of up to 30 years or convey said land, the property at issue being located at
47 Boulevarde, Assessor’s Map 79, Parcel 75, upon such terms and conditions, and for such
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
consideration, as the Board of Selectmen deems appropriate; and provided further that the
Board of Selectmen be authorized to convey to a non-profit corporation, foundation, trust or
organization, or reserve or accept the grant of an affordable housing restriction on said
property.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 81
(Real Estate Conveyance: Pochick Avenue)
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, a portion of property located at
53 Pochick Avenue, shown on Assessors Map 79, Parcel 127, more particularly described as,
Lots 1-4 described in an Instrument of Tax Taking recorded in Book 96, Page 416 with the
Nantucket County Registry of Deeds, subject to Chapter 30B of the Massachusetts General
Laws, or to take any other action as related thereto.
(Board of Selectmen)
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, a portion of property
located at 53 Pochick Avenue, shown on Assessors Map 79, Parcel 127, more particularly
described as, Lots 1-4 described in an Instrument of Tax Taking recorded in Book 96, Page
416 with the Nantucket County Registry of Deeds, subject to Chapter 30B of the
Massachusetts General Laws.
FINANCE COMMITTEE COMMENT: This article involves a title issue, caused by the Town,
that will be corrected. The subject property has been taxed and treated as private land.
ARTICLE 82
(Real Estate Acquisition: Albert F. Egan, Jr. and Dorothy H. Egan Foundation, Inc. and the
Dorothy Harrison Egan Foundation Properties)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase
or gift, the fee interest in the following properties, together with any public and private rights of
passage, for public ways, open space and/or general municipal purposes:
Assessors Map 55 Parcels 314, 315, 316, 317, and 318 and Assessors Map
55.4.4 Parcel 100, shown as Lot B-10 on Land Court Plan 12559-B dated June 5,
1928 and filed with Certificate of Title No. 1493 at the Registry District of
Nantucket County, all known as 11 Mill Hill Lane and owned by the Dorothy
Harrison Egan Foundation;
Assessors Map 55.4.4 Parcels 26 and 99, shown as Lot E on Land Court Plan
12559-A dated October 12, 1927 and filed with Certificate of Title No. 1477 at the
Registry District of Nantucket County, known as 11 Chicken Hill and owned by
the Albert F. Egan, Jr. and Dorothy H. Egan Foundation, Inc.;
Assessors Map 55.4.4 Parcel 83, shown as Lot 4 on Land Court Plan 12559-E
dated December 18, 1997 and filed with Certificate of Title No. 4295 and at the
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Registry District of Nantucket County, known as 15 Mill Hill Lane and owned by
the Dorothy Harrison Egan Foundation at Certificate of Title No. 18741;
Assessors Map 55.4.4 Parcel 60, shown as Lot 3 on Land Court Plan 12559-E
dated December 18, 1997 and filed with Certificate of Title No. 4295 at the
Registry District of Nantucket County, known as 17 Mill Hill Lane and owned by
the Dorothy Harrison Egan Foundation at Certificate of Title No. 18726;
Assessors Map 55.4.4 Parcel 58, shown as Lot 5 on Land Court Plan 12559-E
dated December 18, 1997 and filed with Certificate of Title No. 4295 at the
Registry District of Nantucket County, known as 19 Mill Hill Lane and owned by
the Dorothy Harrison Egan Foundation at Certificate of Title No. 18725;
Unnamed ways as follows:
o Between the eastern sideline of Cato Lane to the western property line of
Assessors Map 55 Parcel 319, owned by the Town of Nantucket, south of
11 Mill Hill Lane;
o Between the eastern sideline of Hummock Pond Road to the southwestern
sideline of Mill Hill Lane;
o Between the southern sideline of an unnamed way to the eastern sideline
of Cato Lane;
o Between the western sideline of Cato Lane to the northern sideline of an
unnamed way;
Or to take any other action as related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to acquire
by purchase or gift, the fee interest in the following properties, together with any public and
private rights of passage, for public ways, open space and/or general municipal purposes:
Assessors Map 55 Parcels 314, 315, 316, 317, and 318 and Assessors Map
55.4.4 Parcel 100, shown as Lot B-10 on Land Court Plan 12559-B dated June 5,
1928 and filed with Certificate of Title No. 1493 at the Registry District of
Nantucket County, all known as 11 Mill Hill Lane and owned by the Dorothy
Harrison Egan Foundation;
Assessors Map 55.4.4 Parcels 26 and 99, shown as Lot E on Land Court Plan
12559-A dated October 12, 1927 and filed with Certificate of Title No. 1477 at the
Registry District of Nantucket County, known as 11 Chicken Hill and owned by
the Albert F. Egan, Jr. and Dorothy H. Egan Foundation, Inc.;
Assessors Map 55.4.4 Parcel 83, shown as Lot 4 on Land Court Plan 12559-E
dated December 18, 1997 and filed with Certificate of Title No. 4295 and at the
Registry District of Nantucket County, known as 15 Mill Hill Lane and owned by
the Dorothy Harrison Egan Foundation at Certificate of Title No. 18741;
Assessors Map 55.4.4 Parcel 60, shown as Lot 3 on Land Court Plan 12559-E
dated December 18, 1997 and filed with Certificate of Title No. 4295 at the
Registry District of Nantucket County, known as 17 Mill Hill Lane and owned by
the Dorothy Harrison Egan Foundation at Certificate of Title No. 18726;
Assessors Map 55.4.4 Parcel 58, shown as Lot 5 on Land Court Plan 12559-E
dated December 18, 1997 and filed with Certificate of Title No. 4295 at the
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Registry District of Nantucket County, known as 19 Mill Hill Lane and owned by
the Dorothy Harrison Egan Foundation at Certificate of Title No. 18725;
Unnamed ways as follows:
o Between the eastern sideline of Cato Lane to the western property line of
Assessors Map 55 Parcel 319, owned by the Town of Nantucket, south of
11 Mill Hill Lane;
o Between the eastern sideline of Hummock Pond Road to the southwestern
sideline of Mill Hill Lane;
o Between the southern sideline of an unnamed way to the eastern sideline
of Cato Lane;
o Between the western sideline of Cato Lane to the northern sideline of an
unnamed way.
FINANCE COMMITTEE COMMENT: The motion permits the Board to enter into negotiations
with the two Foundations, but does not appropriate any funding for acquisition. It is expected
that if there is mutual interest in a financing proposal that it will be developed for a future town
meeting.
ARTICLE 83
(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 twenty-two (22)
unconstructed rights of way in the Surfside area of Nantucket, shown on a plan recorded with
the Nantucket County Registry of Deeds on May 17, 1889 in Plan Book 2, Page 60, as
identified below, together with any public and private rights of passage, for public ways, open
space and/or general municipal purposes:
Muskeget Avenue between the eastern sideline of Atlantic Avenue and the western
sideline of School Street;
Tuckernuck Avenue between the eastern sideline of Cotton Street and the western
sideline of Poplar Street not including any portion of Gladlands Avenue and Surfside
Road;
Shawaukema Avenue between the eastern sideline of Atlantic Avenue and the western
sideline of Plum Street not including any portion of Gladlands Avenue, Surfside Road and
Eagles Wing Way (f.k.a. Cherry Street);
Mequash Avenue (f.k.a. Shechacha Avenue) between the eastern sideline of Atlantic
Avenue and a line extending the western sideline of Copeland Street through Mequash
Avenue;
Masaquet Avenue (f.k.a. Wauwinet Avenue) between the eastern and between the
eastern sideline of Masquetuck Street and the western sideline of Wannacomet Street
(a.k.a Uncatena Street);
Atlantic Avenue from the northern sideline of Masaquet Avenue (f.k.a. Wauwinet Avenue)
to the eastern sideline of South Shore Road;
Cotton Street between the eastern sideline of Atlantic Avenue and the southern sideline of
Maclean Street, not including any portion of Surfside Road;
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Copeland Street between the eastern sideline of Atlantic Avenue and the southern
sideline of Maclean Street, not including any portion of Gladlands Avenue and Surfside
Road;
School and Laurel Streets between the northern sideline of Mequash Avenue and the
southern sideline Maclean Street, not including any portion of Gladlands Avenue and
Surfside Road;
Poplar Street between the northern sideline of Mequash Avenue and the southern
sideline of Maclean Street not including any portion of Tuckernuck and Shawaukema
Avenues;
Cherry Street between the northern sideline of Mequash Avenue and the southern
sideline of Eagle’s Wing Way and between the northern sideline of the Boulevarde and
the southern sideline Maclean Street;
Plum, Woodbine and Holly Streets between the northern sideline of Mequash Avenue and
the southern sideline Maclean Street, not including any portion of the Boulevarde and
White Street;
Orange Street (a.k.a. Pequot Street) between the terminus of Rainbow’s End and the
southern sideline Maclean Street;
Masquetuck and Maddequet Streets between the northern sideline of the Boulevarde and
the southern sideline of Maclean Street not including any portion of White Street;
Wannacomet Street (a.k.a Uncatena Street) between the northern sideline of Pochick
Avenue and the southern sideline of Maclean Street not including any portion of Masaquet
Avenue, the Boulevarde and White Street;
Shimmo Street (a.k.a. Myles Standish Street) between the northern sideline of Pochick
Avenue and 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
(Assessors Map 80 Parcel 285) and between the northern sideline of the Boulevarde and
the southern sideline of White Street/western sideline of Lovers Lane;
Madequecham Street (a.k.a Dunham Street) between the northern sideline of Weweeder
Avenue and the southern sideline of Pochick Avenue and between the northern sideline of
the Boulevarde and the western sideline of Lovers Lane;
White Street between the southern sideline of Maclean Street and the northwest sideline
of the cul de sac of White Street;
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 “2012 Annual Town Meeting Warrant Article 83” dated January
2012 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 authorized to acquire
by purchase, gift or eminent domain, the fee or lesser interests in all or any portion of twenty-
two (22) unconstructed rights of way in the Surfside area of Nantucket, shown on a plan
recorded with the Nantucket County Registry of Deeds on May 17, 1889 in Plan Book 2, Page
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
60, as identified below, together with any public and private rights of passage, for public ways,
open space and/or general municipal purposes:
Muskeget Avenue between the eastern sideline of Atlantic Avenue and the western
sideline of School Street;
Tuckernuck Avenue between the eastern sideline of Cotton Street and the western
sideline of Poplar Street not including any portion of Gladlands Avenue and Surfside
Road;
Shawaukema Avenue between the eastern sideline of Atlantic Avenue and the western
sideline of Plum Street not including any portion of Gladlands Avenue, Surfside Road and
Eagles Wing Way (f.k.a. Cherry Street);
Mequash Avenue (f.k.a. Shechacha Avenue) between the eastern sideline of Atlantic
Avenue and a line extending the western sideline of Copeland Street through Mequash
Avenue;
Masaquet Avenue (f.k.a. Wauwinet Avenue) between the eastern sideline of Masquetuck
Street and the western sideline of Wannacomet Street (a.k.a Uncatena Street);
Atlantic Avenue from the northern sideline of Masaquet Avenue (f.k.a. Wauwinet Avenue)
to the eastern sideline of South Shore Road;
Cotton Street between the eastern sideline of Atlantic Avenue and the southern sideline of
Maclean Street, not including any portion of Surfside Road;
Copeland Street between the eastern sideline of Atlantic Avenue and the southern
sideline of Maclean Street, not including any portion of Gladlands Avenue and Surfside
Road;
School and Laurel Streets between the northern sideline of Mequash Avenue and the
southern sideline of Maclean Street, not including any portion of Gladlands Avenue and
Surfside Road;
Poplar Street between the northern sideline of Mequash Avenue and the southern
sideline of Maclean Street not including any portion of Tuckernuck and Shawaukema
Avenues;
Cherry Street between the northern sideline of Mequash Avenue and the southern
sideline of Eagle’s Wing Way and between the northern sideline of the Boulevarde and
the southern sideline of Maclean Street;
Plum, Woodbine and Holly Streets between the northern sideline of Mequash Avenue and
the southern sideline of Maclean Street, not including any portion of the Boulevarde and
White Street;
Orange Street (a.k.a. Pequot Street) between the terminus of Rainbow’s End and the
southern sideline of Maclean Street;
Masquetuck and Maddequet Streets between the northern sideline of the Boulevarde and
the southern sideline of Maclean Street not including any portion of White Street;
Wannacomet Street (a.k.a Uncatena Street) between the northern sideline of Pochick
Avenue and the southern sideline of Maclean Street not including any portion of
Masaquet Avenue, the Boulevarde and White Street;
Shimmo Street (a.k.a. Myles Standish Street) between the northern sideline of Pochick
Avenue and the northern lot line of property at 38 Pochick Avenue (Assessors Map 80
Parcel 11) and a northern and eastern sideline of a property at 36 Pochick Avenue
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
(Assessors Map 80 Parcel 285) and between the northern sideline of the Boulevarde and
the southern sideline of White Street/western sideline of Lovers Lane;
Madequecham Street (a.k.a Dunham Street) between the northern sideline of Weweeder
Avenue and the southern sideline of Pochick Avenue and between the northern sideline
of the Boulevarde and the western sideline of Lovers Lane;
White Street between the southern sideline of Maclean Street and the northwest sideline
of the cul de sac of White Street;
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 83” dated January
2012 and filed herewith at the Office of the Town Clerk.
ARTICLE 84
(Real Estate Conveyance: “Paper” Streets in Surfside)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey, or
otherwise dispose of the fee or any lesser interests in all or any portion of twenty-two (22)
unconstructed rights of way in the Surfside area of Nantucket, shown on a plan recorded with
the Nantucket County Registry of Deeds on May 17, 1889 in Plan Book 2, Page 60, as
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, 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:
Muskeget Avenue between the eastern sideline of Atlantic Avenue and the western
sideline of School Street;
Tuckernuck Avenue between the eastern sideline of Cotton Street and the western
sideline of Poplar Street not including any portion of Gladlands Avenue and Surfside
Road;
Shawaukema Avenue between the eastern sideline of Atlantic Avenue and the western
sideline of Plum Street not including any portion of Gladlands Avenue, Surfside Road and
Eagles Wing Way (f.k.a. Cherry Street);
Mequash Avenue (f.k.a. Shechacha Avenue) between the eastern sideline of Atlantic
Avenue and a line extending the western sideline of Copeland Street through Mequash
Avenue;
Masaquet Avenue (f.k.a. Wauwinet Avenue) between the eastern and between the
eastern sideline of Masquetuck Street and the western sideline of Wannacomet Street
(a.k.a Uncatena Street);
Atlantic Avenue from the northern sideline of Masaquet Avenue (f.k.a. Wauwinet Avenue)
to the eastern sideline of South Shore Road;
Cotton Street between the eastern sideline of Atlantic Avenue and the southern sideline of
Maclean Street, not including any portion of Surfside Road;
Copeland Street between the eastern sideline of Atlantic Avenue and the southern
sideline of Maclean Street, not including any portion of Gladlands Avenue and Surfside
Road;
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
School and Laurel Streets between the northern sideline of Mequash Avenue and the
southern sideline Maclean Street, not including any portion of Gladlands Avenue and
Surfside Road;
Poplar Street between the northern sideline of Mequash Avenue and the southern
sideline of Maclean Street not including any portion of Tuckernuck and Shawaukema
Avenues ands the Boulevarde;
Cherry Street between the northern sideline of Mequash Avenue and the southern
sideline of Eagle’s Wing Way and between the northern sideline of the Boulevarde and
the southern sideline Maclean Street;
Plum, Woodbine and Holly Streets between the northern sideline of Mequash Avenue and
the southern sideline Maclean Street, not including any portion of the Boulevarde and
White Street;
Orange Street (a.k.a. Pequot Street) between the terminus of Rainbow’s End and the
southern sideline Maclean Street;
Masquetuck and Maddequet Streets between the northern sideline of the Boulevarde and
the southern sideline of Maclean Street not including any portion of White Street;
Wannacomet Street (a.k.a Uncatena Street) between the northern sideline of Pochick
Avenue and the southern sideline of Maclean Street not including any portion of Masaquet
Avenue, the Boulevarde and White Street;
Shimmo Street (a.k.a. Myles Standish Street) between the northern sideline of Pochick
Avenue and the northern lot line of property at 38 Pochick Avenue (Assessors Map 80
Parcel 11) and a northern and eastern sideline of a property at 36 Pochick Avenue
(Assessors Map 80 Parcel 285) and between the northern sideline of the Boulevarde and
the southern sideline of White Street/western sideline of Lovers Lane;
Madequecham Street (a.k.a Dunham Street) between the northern sideline of Weweeder
Avenue and the southern sideline of Pochick Avenue and between the northern sideline of
the Boulevarde and the western sideline of Lovers Lane;
White Street between the southern sideline of Maclean Street and the northwest sideline
of the cul-de-sac of White Street;
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 84” dated January
2012 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 authorized to sell,
convey, or otherwise dispose of the fee or any lesser interests in all or any portion of twenty-
two (22) unconstructed rights of way in the Surfside area of Nantucket, shown on a plan
recorded with the Nantucket County Registry of Deeds on May 17, 1889 in Plan Book 2, Page
60, as 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, 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:
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Muskeget Avenue between the eastern sideline of Atlantic Avenue and the western
sideline of School Street;
Tuckernuck Avenue between the eastern sideline of Cotton Street and the western
sideline of Poplar Street not including any portion of Gladlands Avenue and Surfside
Road;
Shawaukema Avenue between the eastern sideline of Atlantic Avenue and the western
sideline of Plum Street not including any portion of Gladlands Avenue, Surfside Road and
Eagles Wing Way (f.k.a. Cherry Street);
Mequash Avenue (f.k.a. Shechacha Avenue) between the eastern sideline of Atlantic
Avenue and a line extending the western sideline of Copeland Street through Mequash
Avenue;
Masaquet Avenue (f.k.a. Wauwinet Avenue) between the eastern sideline of Masquetuck
Street and the western sideline of Wannacomet Street (a.k.a Uncatena Street);
Atlantic Avenue from the northern sideline of Masaquet Avenue (f.k.a. Wauwinet Avenue)
to the eastern sideline of South Shore Road;
Cotton Street between the eastern sideline of Atlantic Avenue and the southern sideline of
Maclean Street, not including any portion of Surfside Road;
Copeland Street between the eastern sideline of Atlantic Avenue and the southern
sideline of Maclean Street, not including any portion of Gladlands Avenue and Surfside
Road;
School and Laurel Streets between the northern sideline of Mequash Avenue and the
southern sideline of Maclean Street, not including any portion of Gladlands Avenue and
Surfside Road;
Poplar Street between the northern sideline of Mequash Avenue and the southern
sideline of Maclean Street not including any portion of Tuckernuck and Shawaukema
Avenues ands the Boulevarde;
Cherry Street between the northern sideline of Mequash Avenue and the southern
sideline of Eagle’s Wing Way and between the northern sideline of the Boulevarde and
the southern sideline of Maclean Street;
Plum, Woodbine and Holly Streets between the northern sideline of Mequash Avenue and
the southern sideline of Maclean Street, not including any portion of the Boulevarde and
White Street;
Orange Street (a.k.a. Pequot Street) between the terminus of Rainbow’s End and the
southern sideline Maclean Street;
Masquetuck and Maddequet Streets between the northern sideline of the Boulevarde and
the southern sideline of Maclean Street not including any portion of White Street;
Wannacomet Street (a.k.a Uncatena Street) between the northern sideline of Pochick
Avenue and the southern sideline of Maclean Street not including any portion of
Masaquet Avenue, the Boulevarde and White Street;
Shimmo Street (a.k.a. Myles Standish Street) between the northern sideline of Pochick
Avenue and the northern lot line of property at 38 Pochick Avenue (Assessors Map 80
Parcel 11) and a northern and eastern sideline of a property at 36 Pochick Avenue
(Assessors Map 80 Parcel 285) and between the northern sideline of the Boulevarde and
the southern sideline of White Street/western sideline of Lovers Lane;
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Madequecham Street (a.k.a Dunham Street) between the northern sideline of Weweeder
Avenue and the southern sideline of Pochick Avenue and between the northern sideline
of the Boulevarde and the western sideline of Lovers Lane;
White Street between the southern sideline of Maclean Street and the northwest sideline
of the cul-de-sac of White Street;
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 84” dated January
2012 and filed herewith at the Office of the Town Clerk.
ARTICLE 85
(Real Estate Acquisition: “Paper” Streets)
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-two (32)
unconstructed rights of way identified below, together with any public and private rights of
passage, for public ways, open space and/or general municipal purposes:
Squidnet Way between the northern sideline of Quidnet Road and the southern property
line of Assessors Map 14, Parcel 19;
Chase Lane (Quidnet/Squam) between the eastern sideline of a cul-de-sac at the
intersection of Horn Beam Road and the extension of the western edge of the
westernmost way located on a property identified as Assessors Map 21, Parcel 37
across Chase Lane;
Proprietors Road between the southern sideline of Quidnet Road and the northern
sideline of Polpis Road;
Proprietors Road between the southern sideline of Quidnet Road and the southernmost
terminus at Plainfield/Squam division line;
Sandwich Road (Monomoy) between the northern sideline of Chatham Road and an
extension of the northeastern property line of Assessors Map 54, Parcel 198 across
Sandwich Road;
Gardner and Mitchell Streets (Maddeqeucham) between the southern sideline of
Weweeder Avenue and the Boulevarde;
Stanford and Barker Streets (Maddeqeucham) between the southern sideline of
Weweeder Avenue and the Atlantic Ocean not including the Boulevarde;
Everett Street between the southern sideline of the Boulevarde and the Atlantic Ocean;
Maywood, Union, Chittick, Broad, Bacon, Carlisle and Dorchester Streets
(Maddeqeucham) between land of the Nantucket Memorial Airport and the northern
sideline of Weweeder Avenue;
New Hampshire Avenue (Madaket) between the northwestern sideline of Maine Avenue
and the eastern sideline of New Jersey Avenue;
Front Street (Siasconset) between the northeastern sideline of Beach Street and the
northwestern sideline of Low Beach Road;
Beach Street (Siasconset) between the northwestern sideline of Low Beach Road and
the northwestern sideline of Front Street;
Sachem Road between the eastern sideline of Gosnold Road and a line extending
through Sachem Road extending the western sideline of West Hallowell Lane;
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Norwood Street, Marion Street, Cornwall Street from the southern sideline of Tom
Nevers Road to the northern sideline of Lancashire Avenue, not including any portion of
Wiltshire or Cumberland Avenue
Huntington Street and Ipswich Street from the southern sideline of Wiltshire Avenue to
the northern sideline of Lancashire, not including any portion of Cumberland Avenue;
Devon Street between the southern sideline of Wilshire Avenue and the northern
sideline of Cumberland Avenue;
Fairfield Street from a line across Fairfield Street approximately 80 feet south of the
intersection with Wiltshire Avenue to the northern sideline of Lancashire, not including
any portion of Cumberland Avenue;
Cumberland Avenue: from the eastern property line of property identified as Assessors
Map 76, Parcel 1 to the western sideline of Norwood Street; from the western sideline of
Huntington Street to the western sideline of Gloucester Street; from the eastern sideline
of Exeter Street to the western sideline of Dartmouth Street; from the eastern sideline of
Clarendon Street to the western sideline of Berkley Street; from the eastern sideline of
Arlington Street and the western sideline of Driscoll Way;
Lancashire Avenue from the eastern property line of property identified as Assessors
Map 76, Parcel 1 to the western property line of property identified as Assessors Map 76
Parcel 4.3;
Wiltshire Avenue from the eastern property line of property identified as Assessors Map
71 Parcel 2.2 to the western sideline of Norwood Street; from the eastern sideline of
Kendrick Street to the western sideline of Devon Street; from the eastern sideline of
Huntington Street to the western sideline of Fairfield Street, not including any portion of
Gloucester Street;
Dartmouth Street between the southern sideline of Tom Nevers Road to the northern
sideline of Cumberland Avenue.
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 “2012 Annual Town Meeting Warrant Article 85” dated January
2012 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 authorized to acquire
by purchase, gift or eminent domain, the fee or lesser interests in all or any portion of thirty-two
(32) unconstructed rights of way identified below, together with any public and private rights of
passage, for public ways, open space and/or general municipal purposes:
Squidnet Way between the northern sideline of Quidnet Road and the southern property
line of Assessors Map 14, Parcel 19;
Chase Lane (Quidnet/Squam) between the eastern sideline of a cul-de-sac at the
intersection of Horn Beam Road and the extension of the western edge of the
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
westernmost way located on a property identified as Assessors Map 21, Parcel 37
across Chase Lane;
Proprietors Road between the southern sideline of Quidnet Road and the northern
sideline of Polpis Road;
Proprietors Road between the southern sideline of Quidnet Road and a northern
property line of Assessors Map 24, Parcel 1 (see LC Plan 33450A);
Gardner and Mitchell Streets (Maddeqeucham) between the southern sideline of
Weweeder Avenue and the Boulevarde;
Stanford and Barker Streets (Maddeqeucham) between the southern sideline of
Weweeder Avenue and the Atlantic Ocean not including the Boulevarde;
Everett Street between the southern sideline of the Boulevarde and the Atlantic Ocean;
Maywood, Union, Chittick, Broad, Bacon, Carlisle and Dorchester Streets
(Maddeqeucham) between land of the Nantucket Memorial Airport and the northern
sideline of Weweeder Avenue;
New Hampshire Avenue (Madaket) between the northwestern sideline of Maine Avenue
and the eastern sideline of New Jersey Avenue;
Front Street (Siasconset) between the northeastern sideline of Beach Street and the
northwestern sideline of Low Beach Road;
Beach Street (Siasconset) between the northwestern sideline of Low Beach Road and
the northwestern sideline of Front Street;
Sachem Road between the eastern sideline of Gosnold Road and a line extending
through Sachem Road extending the western sideline of West Hallowell Lane;
Norwood Street, Marion Street, Cornwall Street from the southern sideline of Tom
Nevers Road to the northern sideline of Lancashire Avenue, not including any portion of
Wiltshire or Cumberland Avenue
Huntington Street and Ipswich Street from the southern sideline of Wiltshire Avenue to
the northern sideline of Lancashire, not including any portion of Cumberland Avenue;
Devon Street between the southern sideline of Wilshire Avenue and the northern
sideline of Cumberland Avenue;
Fairfield Street from a line across Fairfield Street approximately 80 feet south of the
intersection with Wiltshire Avenue to the northern sideline of Lancashire, not including
any portion of Cumberland Avenue;
Cumberland Avenue: from the eastern property line of property identified as Assessors
Map 76, Parcel 1 to the western sideline of Norwood Street; from the western sideline of
Huntington Street to the western sideline of Gloucester Street; from the eastern sideline
of Exeter Street to the western sideline of Dartmouth Street; from the eastern sideline of
Clarendon Street to the western sideline of Berkley Street; from the eastern sideline of
Arlington Street and the western sideline of Driscoll Way;
Lancashire Avenue from the eastern property line of property identified as Assessors
Map 76, Parcel 1 to the western property line of property identified as Assessors Map 76
Parcel 4.3;
Wiltshire Avenue from the eastern property line of property identified as Assessors Map
71 Parcel 2.2 to the western sideline of Norwood Street; from the eastern sideline of
Kendrick Street to the western sideline of Devon Street; from the eastern sideline of
Huntington Street to the western sideline of Fairfield Street, not including any portion of
Gloucester Street;
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Dartmouth Street between the southern sideline of Tom Nevers Road to the northern
sideline of Cumberland Avenue.
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 85” dated January
2012 and filed herewith at the Office of the Town Clerk.
ARTICLE 86
(Real Estate Conveyance: “Paper” Streets)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey, or
otherwise dispose of the fee or any lesser interests in all or any portion thirty-two (32)
unconstructed rights of way as 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, 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:
Squidnet Way between the northern sideline of Quidnet Road and the southern property
line of Assessors Map 14, Parcel 19;
Chase Lane (Quidnet/Squam) between the eastern sideline of a cul-de-sac at the
intersection of Horn Beam Road and the extension of the western edge of the
westernmost way located on a property identified as Assessors Map 21, Parcel 37
across Chase Lane;
Proprietors Road between the southern sideline of Quidnet Road and the northern
sideline of Polpis Road;
Proprietors Road between the southern sideline of Quidnet Road and the southernmost
terminus at Plainfield/Squam division line;
Sandwich Road (Monomoy) between the northern sideline of Chatham Road and an
extension of the northeastern property line of Assessors Map 54, Parcel 198 across
Sandwich Road;
Gardner and Mitchell Streets (Maddeqeucham) between the southern sideline of
Weweeder Avenue and the Boulevarde;
Stanford and Barker Streets (Maddeqeucham) between the southern sideline of
Weweeder Avenue and the Atlantic Ocean not including the Boulevarde;
Everett Street between the southern sideline of the Boulevarde and the Atlantic Ocean;
Maywood, Union, Chittick, Broad, Bacon, Carlisle and Dorchester Streets
(Maddeqeucham) between land of the Nantucket Memorial Airport and the northern
sideline of Weweeder Avenue;
New Hampshire Avenue (Madaket) between the northwestern sideline of Maine Avenue
and the eastern sideline of New Jersey Avenue;
Front Street (Siasconset) between the northeastern sideline of Beach Street and the
northwestern sideline of Low Beach Road;
Beach Street (Siasconset) between the northwestern sideline of Low Beach Road and
the northwestern sideline of Front Street;
Sachem Road between the eastern sideline of Gosnold Road and a line extending
through Sachem Road extending the western sideline of West Hallowell Lane;
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Norwood Street, Marion Street, Cornwall Street from the southern sideline of Tom
Nevers Road to the northern sideline of Lancashire Avenue, not including any portion of
Wiltshire or Cumberland Avenue
Huntington Street and Ipswich Street from the southern sideline of Wiltshire Avenue to
the northern sideline of Lancashire, not including any portion of Cumberland Avenue;
Devon Street between the southern sideline of Wilshire Avenue and the northern
sideline of Cumberland Avenue;
Fairfield Street from a line across Fairfield Street approximately 80 feet south of the
intersection with Wiltshire Avenue to the northern sideline of Lancashire, not including
any portion of Cumberland Avenue;
Cumberland Avenue: from the eastern property line of property identified as Assessors
Map 76, Parcel 1 to the western sideline of Norwood Street; from the western sideline of
Huntington Street to the western sideline of Gloucester Street; from the eastern sideline
of Exeter Street to the western sideline of Dartmouth Street; from the eastern sideline of
Clarendon Street to the western sideline of Berkley Street; from the eastern sideline of
Arlington Street and the western sideline of Driscoll Way;
Lancashire Avenue from the eastern property line of property identified as Assessors
Map 76, Parcel 1 to the western property line of property identified as Assessors Map
76, Parcel 4.3;
Wiltshire Avenue from the eastern property line of property identified as Assessors Map
71 Parcel 2.2 to the western sideline of Norwood Street; from the eastern sideline of
Kendrick Street to the western sideline of Devon Street; from the eastern sideline of
Huntington Street to the western sideline of Fairfield Street, not including any portion of
Gloucester Street;
Dartmouth Street between the southern sideline of Tom Nevers Road to the northern
sideline of Cumberland Avenue.
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 86” dated January
2012 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 authorized to sell,
convey, or otherwise dispose of the fee or any lesser interests in all or any portion of thirty-two
(32) unconstructed rights of way as 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, 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:
Squidnet Way between the northern sideline of Quidnet Road and the southern property
line of Assessors Map 14, Parcel 19;
Chase Lane (Quidnet/Squam) between the eastern sideline of a cul-de-sac at the
intersection of Horn Beam Road and the extension of the western edge of the
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
westernmost way located on a property identified as Assessors Map 21, Parcel 37
across Chase Lane;
Proprietors Road between the southern sideline of Quidnet Road and the northern
sideline of Polpis Road;
Proprietors Road between the southern sideline of Quidnet Road and a northern
property line of Assessors Map 24, Parcel 1 (see LC Plan 33450A);
Gardner and Mitchell Streets (Maddeqeucham) between the southern sideline of
Weweeder Avenue and the Boulevarde;
Stanford and Barker Streets (Maddeqeucham) between the southern sideline of
Weweeder Avenue and the Atlantic Ocean not including the Boulevarde;
Everett Street between the southern sideline of the Boulevarde and the Atlantic Ocean;
Maywood, Union, Chittick, Broad, Bacon, Carlisle and Dorchester Streets
(Maddeqeucham) between land of the Nantucket Memorial Airport and the northern
sideline of Weweeder Avenue;
New Hampshire Avenue (Madaket) between the northwestern sideline of Maine Avenue
and the eastern sideline of New Jersey Avenue;
Front Street (Siasconset) between the northeastern sideline of Beach Street and the
northwestern sideline of Low Beach Road;
Beach Street (Siasconset) between the northwestern sideline of Low Beach Road and
the northwestern sideline of Front Street;
Sachem Road between the eastern sideline of Gosnold Road and a line extending
through Sachem Road extending the western sideline of West Hallowell Lane;
Norwood Street, Marion Street, Cornwall Street from the southern sideline of Tom
Nevers Road to the northern sideline of Lancashire Avenue, not including any portion of
Wiltshire or Cumberland Avenue;
Huntington Street and Ipswich Street from the southern sideline of Wiltshire Avenue to
the northern sideline of Lancashire, not including any portion of Cumberland Avenue;
Devon Street between the southern sideline of Wilshire Avenue and the northern
sideline of Cumberland Avenue;
Fairfield Street from a line across Fairfield Street approximately 80 feet south of the
intersection with Wiltshire Avenue to the northern sideline of Lancashire, not including
any portion of Cumberland Avenue;
Cumberland Avenue: from the eastern property line of property identified as Assessors
Map 76, Parcel 1 to the western sideline of Norwood Street; from the western sideline of
Huntington Street to the western sideline of Gloucester Street; from the eastern sideline
of Exeter Street to the western sideline of Dartmouth Street; from the eastern sideline of
Clarendon Street to the western sideline of Berkley Street; from the eastern sideline of
Arlington Street and the western sideline of Driscoll Way;
Lancashire Avenue from the eastern property line of property identified as Assessors
Map 76, Parcel 1 to the western property line of property identified as Assessors Map
76, Parcel 4.3;
Wiltshire Avenue from the eastern property line of property identified as Assessors Map
71 Parcel 2.2 to the western sideline of Norwood Street; from the eastern sideline of
Kendrick Street to the western sideline of Devon Street; from the eastern sideline of
Huntington Street to the western sideline of Fairfield Street, not including any portion of
Gloucester Street;
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Dartmouth Street between the southern sideline of Tom Nevers Road to the northern
sideline of Cumberland Avenue.
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 86” dated January
2012 and filed herewith at the Office of the Town Clerk.
ARTICLE 87
(Real Estate Acquisition: “Paper” Streets for Coastal Access and Open Space)
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 seventeen (17)
unconstructed rights of way identified below, together with any public and private rights of
passage, for public ways, open space and/or general municipal purposes:
Proprietors Road (Cisco) between the southern sideline of Hummock Pond Road and
the Atlantic Ocean;
Chicago Street (Madaket) between an extension of the southeastern sideline of Macy
Road to the northern sideline of Minnesota Avenue, not including any portion of North
Carolina Avenue;
North Carolina Avenue (Madaket) between the southwestern property line of a parcel
shown as Map 60, Parcel 40 and the Atlantic Ocean;
Minnesota Avenue (Madaket) between the southwest property line of a parcel shown as
Map 60, Parcel 35 and the Atlantic Ocean;
Vermont and Maine Avenues (Madaket) between the western sideline of New Jersey
Avenue and the Atlantic Ocean;
California Avenue (Madaket) between the extension of the eastern sideline of New
Jersey Avenue and the Atlantic Ocean;
New Jersey Avenue (Madaket) between the southeastern sideline of Maine Avenue and
the northwestern sideline of California Avenue;
Magnolia, Linden and Hawthorne Avenues (Siasconset) between the southeastern
sideline of Ocean Avenue to the Atlantic Ocean;
Jefferson, Jackson and Beach Streets, North and South Gully Roads, and Fawcett Way
(Siasconset) between the eastern sideline of Codfish Park Road and their eastern
terminus or the Atlantic Ocean.
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 “2012 Annual Town Meeting Warrant Article 87” dated January
2012 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 authorized to acquire
by purchase, gift or eminent domain, the fee or lesser interests in all or any portion of
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
seventeen (17) unconstructed rights of way identified below, together with any public and
private rights of passage, for open space purposes:
Proprietors Road (Cisco) between the southern sideline of Hummock Pond Road and
the Atlantic Ocean;
Chicago Street (Madaket) between an extension of the southeastern sideline of Macy
Road to the northern sideline of Minnesota Avenue, not including any portion of North
Carolina Avenue;
North Carolina Avenue (Madaket) between the southwestern property line of a parcel
shown as Map 60, Parcel 40 and the Atlantic Ocean;
Minnesota Avenue (Madaket) between the southwest property line of a parcel shown as
Map 60, Parcel 35 and the Atlantic Ocean;
Vermont and Maine Avenues (Madaket) between the western sideline of New Jersey
Avenue and the Atlantic Ocean;
California Avenue (Madaket) between the extension of the eastern sideline of New
Jersey Avenue and the Atlantic Ocean;
New Jersey Avenue (Madaket) between the southeastern sideline of Maine Avenue and
the northwestern sideline of California Avenue;
Magnolia, Linden and Hawthorne Avenues (Siasconset) between the southeastern
sideline of Ocean Avenue to the Atlantic Ocean;
Jefferson, Jackson and Beach Streets, North and South Gully Roads, and Fawcett Way
(Siasconset) between the eastern sideline of Codfish Park Road and their eastern
terminus or the Atlantic Ocean.
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 87” dated January
2012 and filed herewith at the Office of the Town Clerk.
ARTICLE 88
(Real Estate Conveyance: “Paper” Streets for Coastal Access and Open Space)
To see if the Town will vote to authorize the Board of Selectmen to (1) convey, sell or
otherwise dispose of the fee or any lesser interests in all or any portion of the land 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, or (2)
convey, sell or otherwise dispose of the fee or any lesser interests of any portion of the land
identified below 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; and (3) for such parcels as the Board of Selectmen
determines by vote to be not needed for conveyance, to dedicate all or any portion of the land
identified below for open space and recreational purposes:
Proprietors Road (Cisco) between the southern sideline of Hummock Pond Road and
the Atlantic Ocean;
Chicago Street (Madaket) between an extension of the southeastern sideline of Macy
Road to the northern sideline of Minnesota Avenue, not including any portion of North
Carolina Avenue;
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
North Carolina Avenue (Madaket) between the southwestern property line of a parcel
shown as Map 60, Parcel 40 and the Atlantic Ocean;
Minnesota Avenue (Madaket) between the southwest property line of a parcel shown as
Map 60, Parcel 35 and the Atlantic Ocean;
Vermont and Maine Avenues (Madaket) between the western sideline of New Jersey
Avenue and the Atlantic Ocean;
California Avenue (Madaket) between the extension of the eastern sideline of New
Jersey Avenue and the Atlantic Ocean;
New Jersey Avenue (Madaket) between the southeastern sideline of Maine Avenue and
the northwestern sideline of California Avenue;
Magnolia, Linden and Hawthorne Avenues (Siasconset) between the southeastern
sideline of Ocean Avenue to the Atlantic Ocean;
Jefferson, Jackson and Beach Streets, North and South Gully Roads, and Fawcett Way
(Siasconset) between the eastern sideline of Codfish Park Road and their eastern
terminus or the Atlantic Ocean.
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 “2012 Annual Town Meeting Warrant Article 88” dated January
2012 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.
Quantum of vote required for passage of the article is 2/3.
ARTICLE 89
(Real Estate Acquisition: “Paper” Streets Adjacent
to Land Bank Properties – Bartlett Road)
To see if the Town will vote to authorize the Nantucket Islands Land Bank to acquire by
eminent domain the fee or lesser interests in all or any portion of Bartlett Road between a line
through Bartlett Road extending the southwestern sideline of Raceway Drive to the eastern
sideline of Somerset Road, not including any portion of West Miacomet Road, together with
any public and private rights of passage, for purposes for which the Nantucket Islands Land
Bank may acquire real property interests under Chapter 669 of the Acts of 1983 as it may be
amended.
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 89” dated January
2012 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Nantucket Islands Land Bank)
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved that the Nantucket Islands Land Bank is authorized
to acquire by eminent domain the fee or lesser interests in all or any portion of Bartlett Road
from a line through Bartlett Road extending the southwestern sideline of Raceway Drive to the
eastern sideline of Somerset Road, not including any portion of West Miacomet Road, together
with any public and private rights of passage, for purposes for which the Nantucket Islands
Land Bank may acquire real property interests under Chapter 669 of the Acts of 1983 as it may
be amended, provided that:
The existing water main located from a line through that portion of Bartlett Road
extending the southwestern sideline of Raceway Drive and the northern sideline of West
Miacomet Road shall remain unaffected and the Nantucket Islands Land Bank shall
execute appropriate documents to ensure that the water main may be repaired and
maintained, and may be connected with residential properties along the western border
of that portion of Bartlett Road, and operated in perpetuity or the longest time period
permitted by law;
That within three (3) months from the date of the recording of the taking, the Nantucket
Islands Land Bank shall place a restriction not allowing Nantucket Islands Land Bank to
erect permanent structures, as defined in the Zoning Bylaw, on that portion of the
former Bartlett Road from a line through Bartlett Road extending the southwestern
sideline of Raceway Drive to a line through Bartlett Road extending the northeastern
property line of a parcel owned by the Nantucket Land Bank shown on Assessor’s Map
81, Parcel 162..
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 89” dated January
2012 and filed herewith at the Office of the Town Clerk.
NOTE: This motion includes both portions of Bartlett Road, between Raceway Drive and West
Miacomet Road and between West Miacomet Road and Somerset Road. As discussed,
structures within the Bartlett Road layout between the golf course and residential lots are
prohibited.
ARTICLE 90
(Real Estate Acquisition: Miacomet Park “Paper” Streets)
To see if the Town will vote to authorize the Nantucket Islands Land Bank to acquire by
eminent domain the fee or lesser interests in all or any portion of thirteen (13) unconstructed
rights of way identified below, together with any public and private rights of passage, for
purposes for which the Nantucket Islands Land Bank may acquire real property interests under
Chapter 669 of the Acts of 1983 as it may be amended, except for any portion of said ways
included as part of land taken by the Town for sewer bed purposes as described in an Order of
Taking recorded with the Nantucket County Registry of Deeds in Book 246, Page 263 and as
shown on Plan No. 53-T dated October 5, 1998 filed at the Nantucket Registry of Deeds:
Harvard, Spruce, Dartmouth, Summer and Central Streets between the easterly sideline
of Miacomet Road and the Westerly sideline of Surfside Avenue and the easterly
sideline of Surfside Avenue and the westerly property line of Assessors Map 86, Parcel
312;
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Lincoln and Highland Streets between the easterly sideline of Surfside Avenue and the
westerly property line of Assessors Map 86, Parcel 312;
Cottage, Walnut, Mineral, and Hemlock Streets between the easterly sideline of
Miacomet Road and the Westerly sideline of Surfside Avenue;
Ocean Avenue between the eastern sideline of Miacomet Road and a line extending
south from the eastern property line of Assessors Map 86, Parcel 294 through Ocean
Avenue;
Spring Street between the easterly sideline of Miacomet Road and the northerly sideline
of Ocean Avenue;
Miacomet Avenue from a line extending the southern sideline of Lincoln Street to the
southern sideline of Ocean Avenue;
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 90” dated January
2012 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Nantucket Islands Land Bank)
FINANCE COMMITTEE MOTION: Moved that the Nantucket Islands Land Bank be authorized
to acquire by eminent domain the fee or lesser interests in all or any portion of thirteen (13)
unconstructed rights of way identified below, together with any public and private rights of
passage, for purposes for which the Nantucket Islands Land Bank may acquire real property
interests under Chapter 669 of the Acts of 1983 as it may be amended, except for any portion
of said ways included as part of land taken by the Town for sewer bed purposes as described
in an Order of Taking recorded with the Nantucket County Registry of Deeds in Book 246,
Page 263 and as shown on Plan No. 53-T dated October 5, 1998 filed at the Nantucket
Registry of Deeds:
Harvard, Spruce, Dartmouth, Summer and Central Streets between the easterly sideline
of Miacomet Road and the Westerly sideline of Surfside Avenue and the easterly
sideline of Surfside Avenue and the westerly property line of Assessors Map 86, Parcel
312;
Lincoln and Highland Streets between the easterly sideline of Surfside Avenue and the
westerly property line of Assessors Map 86, Parcel 312;
Cottage, Walnut, Mineral, and Hemlock Streets between the easterly sideline of
Miacomet Road and the Westerly sideline of Surfside Avenue;
Ocean Avenue between the eastern sideline of Miacomet Road and a line extending
south from the eastern property line of Assessors Map 86, Parcel 294 through Ocean
Avenue;
Spring Street between the easterly sideline of Miacomet Road and the northerly sideline
of Ocean Avenue;
Miacomet Avenue from a line extending the southern sideline of Lincoln Street to the
southern sideline of Ocean Avenue.
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 90” dated January
2012 and filed herewith at the Office of the Town Clerk.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 91
(Real Estate Acquisition: Weweeder Valley “Paper” Streets)
To see if the Town will vote to authorize the Nantucket Islands Land Bank to acquire by
eminent domain the fee or lesser interests in all or any portion of seven (7) unconstructed
rights of way identified below, together with any public and private rights of passage, for
purposes for which the Nantucket Islands Land Bank may acquire real property interests under
Chapter 669 of the Acts of 1983 as it may be amended:
Washington Street between a line extending the southern sideline of Blueberry Lane
and the northern sideline of Western Avenue;
Unnamed Way between the northern sideline of May Street and the eastern sideline of
Washington Street;
May Street between the eastern property line of Assessors Map 80 Parcel 158 and the
western sideline of Pochick Avenue not including Washington Street;
Way and Reedy Streets and Unnamed Way between the eastern sideline of Washington
Street and the western property line of Assessors Map 80 Parcel 293;
Lake Avenue between the eastern property line of Assessors Map 80 Parcels 40 and
108 and the western property line of Assessors Map 80 Parcel 293 not including
Washington Street;
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 91” dated January
2012 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Nantucket Islands Land Bank)
FINANCE COMMITTEE MOTION: Moved that the Nantucket Islands Land Bank is authorized
to acquire by eminent domain the fee or lesser interests in all or any portion of seven (7)
unconstructed rights of way identified below, together with any public and private rights of
passage, for purposes for which the Nantucket Islands Land Bank may acquire real property
interests under Chapter 669 of the Acts of 1983 as it may be amended:
Washington Street between a line extending the southern sideline of Blueberry Lane
and the northern sideline of Western Avenue;
Unnamed Way between the northern sideline of May Street and the eastern sideline of
Washington Street;
May Street between the eastern property line of Assessors Map 80 Parcel 158 and the
western sideline of Pochick Avenue not including Washington Street;
Way and Reedy Streets and Unnamed Way between the eastern sideline of Washington
Street and the western property line of Assessors Map 80 Parcel 293;
Lake Avenue between the eastern property line of Assessors Map 80 Parcels 40 and
108 and the western property line of Assessors Map 80 Parcel 293 not including
Washington Street.
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 91” dated January
2012 and filed herewith at the Office of the Town Clerk.
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 92
(Real Estate Conveyance: Land Bank - Miscellaneous Land)
To see if the Town will vote to transfer the care, custody, management and control of the
parcel listed below as Map 87, Parcel 91, Western Avenue to the Board of Selectmen for the
purpose of conveyance and will authorize the Board of Selectmen to sell, convey or otherwise
dispose of the fee or lesser interests of any portion of the subject land listed below 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:
Assessors Map 87, Parcel 91, Western Avenue;
Portion of Miller Lane, Lot B 1.3, containing 16,192 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, revised
March 31, 2011;
Assessors Map 38, Parcel 30, 55 Warrens Landing Road, shown as Lot C on
Land Court Plan 12127-B, drawn by Josiah S. Barrett, Engineer, dated July
1950, and filed with Certificate of Title No. 3255 at the Registry District of
Nantucket County (a.k.a. The Wood Property);
A portion of Map 74 Parcel 71.2, also shown as a portion of Lot D on plan
numbered 9595-A3, sheets 2 and 3, dated June 1923 and filed with Certificate of
Title Number 1207 at the Registry District of Nantucket County, from a line at the
mid-point of Pine Street to the southwestern property line of Assessors Map 74,
Parcel 72 and 71.1.
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 92” dated January
2012 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, management and control of
the parcel listed below as Map 87, Parcel 91, Western Avenue be transferred to the Board of
Selectmen for the purpose of conveyance and that the Board of Selectmen is authorized to
sell, convey or otherwise dispose of the fee or lesser interests of any portion of the subject land
listed below 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:
Assessors Map 87, Parcel 91, Western Avenue;
Portion of Miller Lane, Lot B 1.3, containing 16,192 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, revised
March 31, 2011;
A portion of Map 74 Parcel 71.2, also shown as a portion of Lot D on plan
numbered 9595-A3, sheets 2 and 3, dated June 1923 and filed with Certificate of
Title Number 1207 at the Registry District of Nantucket County, from the western
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
sideline of Pine Street to the southwestern property line of Assessors Map 74,
Parcel 72 and 71.1.
And, that the care, custody, management and control of the parcel shown on Assessor’s Map
38, Parcel 30, 55 Warren’s Landing Road, shown as Lot C on Land Court Plan 12127-B, drawn
by Josiah S. Barrett, Engineer, dated July 1950, and filed with Certificate of Title No. 3255 at
the Registry District of Nantucket County (aka the Wood Property) be transferred to the Board
of Selectmen for the purpose of conveyance and that the Board of Selectmen is authorized to
sell, convey or otherwise dispose of the fee or lesser interests of any portion of the Wood
Property 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, provided the following easements and restrictions are placed on
the Wood Property prior to its conveyance:
An easement over a portion of the Wood Property for purposes of access to the beach
and for use as a beach, otherwise known as the “One Big Beach Easement”;
An easement that states the rights of the Inhabitants of the Town of Nantucket to access
the property for boating and active and passive recreation, which shall include and
specifically identify areas for parking, the possible location(s) of a boat ramp, and
boat/dinghy storage; and
A right of reverter clause providing for a reversion of title to the Wood Property to the
Town in the event that the above restrictions are violated.
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 92” dated January
2012 and filed herewith at the Office of the Town Clerk
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 93
(Real Estate Conveyance: Miscellaneous)
To see if the Town will vote to transfer the care, custody, management and control of the
parcel of land identified below as a portion of Assessors Map 74, Parcel 71.2 shown as Parcels
A and B on the plan entitled “Discussion Plan for Conveyance of Land in Nantucket, Mass.”
from the Board of Selectmen for municipal sewage treatment purposes to the Board of
Selectmen for the purpose of conveyance; and further to authorize the Board of Selectmen to
sell, convey, release or otherwise dispose of any interests in all or any portion of six (6) parcels
as listed below, subject to Chapter 30B of the Massachusetts General Laws, and any such
disposition to be on such terms and conditions as the Board of Selectmen deem appropriate,
which may include guidelines established under the “Nantucket Yard Sales” program on file
with the Board of Selectmen’s office and the reservation of easements and restrictions:
A single lot containing approximately 44,813 square feet consisting of three (3)
merged parcels as follows: Parcel 113, a portion of Parcel 63 shown as Lot B on
a plan entitled “Plan of Land in Nantucket, Mass.” dated January 17, 2012 by
Earle & Sullivan, Inc. and a portion of a paper street known as Washington
Street, all shown on Assessors Map 79;
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
A portion of Assessors Map 79 Parcel 63 containing 12,320 square feet, shown
as Lot A on a plan entitled “Plan of Land in Nantucket, Mass.” dated January 17,
2012 by Earle & Sullivan, Inc.;
Assessors Map 79 Parcel 61, containing 3,754 square feet;
A portion of Assessors Map 74 Parcel 71.2, also known as a portion of Lot 23 as
shown on a plan numbered 9595-L, dated December 23, 1985 and filed with
Certificate of Title Number 7430 at the Nantucket Registry District of the Land
Court, and shown as Parcel A containing 4,553 square feet and Parcel B
containing 4,549 square feet, as shown on a plan entitled “Discussion Plan for
Conveyance of Land in Nantucket, Mass.” Dated August 9, 2011 prepared by
Blackwell & Associates, Inc.;
Assessors Map 73.1.3 Parcel 120, 29 Shell Street, Siasconset, containing
approximately 3,243 square feet;
Assessors Map 71.3.2, Parcel 164, 6 Kendrick Street;
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 93” dated January
2012 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, management and control of
the parcel of land identified below as a portion of Assessors Map 74, Parcel 71.2 shown as
Parcels A and B on the plan entitled “Discussion Plan for Conveyance of Land in Nantucket,
Mass.” from the Board of Selectmen for municipal sewage treatment purposes be transferred
to the Board of Selectmen for the purpose of conveyance; and further to authorize the Board of
Selectmen to sell, convey, release or otherwise dispose of any interests in all or any portion of
four (4) parcels as listed below, subject to Chapter 30B of the Massachusetts General Laws,
and any such disposition to be on such terms and conditions as the Board of Selectmen deem
appropriate, which may include guidelines established under the “Nantucket Yard Sales”
program on file with the Board of Selectmen’s office and the reservation of easements and
restrictions:
A portion of Assessors Map 79 Parcel 63 containing 12,320 square feet, shown
as Lot A on a plan entitled “Plan of Land in Nantucket, Mass.” dated January 17,
2012 by Earle & Sullivan, Inc.;
Assessors Map 79 Parcel 61, containing 3,754 square feet
A portion of Assessors Map 74 Parcel 71.2, also known as a portion of Lot 23 as
shown on a plan numbered 9595-L, dated December 23, 1985 and filed with
Certificate of Title Number 7430 at the Nantucket Registry District of the Land
Court, and shown as Parcel A containing 4,553 square feet and Parcel B
containing 4,549 square feet, as shown on a plan entitled “Discussion Plan for
Conveyance of Land in Nantucket, Mass.,” dated August 9, 2011 prepared by
Blackwell & Associates, Inc.;
Assessors Map 71.3.2, Parcel 164, 6 Kendrick Street.
And the Board of Selectmen may sell, convey, release or otherwise dispose of any interests in
all or any portion of a single parcel as listed below for any legal purpose, including for
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
affordable housing purposes, subject to Chapter 30B of the Massachusetts General Laws, and
any such disposition to be on such terms and conditions as the Board of Selectmen deem
appropriate; and provided further that the Board of Selectmen be authorized to convey to a
non-profit corporation, foundation, trust, or organization, or reserve, or accept the grant of an
affordable housing restriction on said property:
A single lot containing approximately 44,813 square feet consisting of three (3)
merged parcels as follows: Parcel 113, a portion of Parcel 63 shown as Lot B on
a plan entitled “Plan of Land in Nantucket, Mass.” dated January 17, 2012 by
Earle & Sullivan, Inc. and a portion of a paper street known as Washington
Street, all shown on Assessors Map 79.
And the Board of Selectmen may sell, convey, release or otherwise dispose of any interests in
all or any portion of a single parcel as listed below, subject to Chapter 30B of the
Massachusetts General Laws, and any such disposition to be on such terms and conditions as
the Board of Selectmen deem appropriate:
Assessors Map 73.1.3 Parcel 120, 29 Shell Street, Siasconset, containing
approximately 3,243 square feet, provided that the subject parcel may be
incorporated into surrounding land or may only be used independently for
accessory uses, such as parking, but shall not be considered a separate
buildable lot for dwelling units;
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 93” dated January
2012 and filed herewith at the Office of the Town Clerk.
Quantum of vote required for passage of the motion is 2/3.
ARTICLE 94
(Real Estate Acceptance: Beach Parcel Formerly Part of Nonantum Avenue)
To see if the Town will vote to accept a parcel containing 18,400 square feet of land
bounded by the easterly sideline of Nonantum Avenue; northerly by the southerly lot line of
Assessors Map 88 Parcel 49, the southerly sideline of a portion of former Clifford Street and
the southerly lot line of Assessors 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 Assessors Map
88 Parcel 47, the northern sideline of a portion of Clifford Street between former Nonantum
Avenue and the Atlantic Ocean and Assessors Map 88 Parcel 48, owned by the County of
Nantucket as authorized by Chapter 89 of the Acts of 2011.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Town accept a parcel containing 18,400
square feet of land bounded by the easterly sideline of Nonantum Avenue; northerly by the
southerly lot line of Assessors Map 88 Parcel 49, the southerly sideline of a portion of former
Clifford Street and the southerly lot line of Assessors 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
Assessors Map 88 Parcel 47, the northern sideline of a portion of Clifford Street between
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
former Nonantum Avenue and the Atlantic Ocean and Assessors Map 88 Parcel 48, owned by
the County of Nantucket as authorized by Chapter 89 of the Acts of 2011.
ARTICLE 95
(Real Estate Conveyance: Industrial Land)
To see if the Town will vote to authorize the Board of Selectmen to lease or otherwise
dispose of lesser interests than fee, not exceeding a total of 5.0 acres and for a term which
may exceed 5 years notwithstanding the maximum term specified in Chapter 46 § 46-2, in all or
any portions of Lots F, G, and/or N as shown on a plan entitled “Subdivision Plan of Land”
dated May 10, 2010 recorded with the Nantucket County Registry of Deeds as Plan No. 2010-
62, subject to Chapter 30B of the Massachusetts General Laws and a finding by the Board of
Selectmen that such lease or conveyance furthers community planning and environmental
protection goals.
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 95” dated January
2012 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 authorized to lease or
otherwise dispose of lesser interests than fee, not exceeding a total of 5.0 acres and for a term
which may exceed 5 years notwithstanding the maximum term specified in Chapter 46 § 46-2,
but not more than thirty (30) years, in all or any portions of Lots G, and/or N as shown on a
plan entitled “Subdivision Plan of Land” dated May 10, 2010 recorded with the Nantucket
County Registry of Deeds as Plan No. 2010-62, subject to Chapter 30B of the Massachusetts
General Laws and a finding by the Board of Selectmen that such lease or conveyance furthers
community planning and environmental protection goals.
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 95” dated January
2012 and filed herewith at the Office of the Town Clerk.
ARTICLE 96
(Real Estate Disposition: Hawthorne Street)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise dispose of the fee or any lesser interests in all or any portions of the following two
(2) parcels of land comprising that part of Hawthorne Street, a paper street located southerly of
Nobadeer Avenue to land of the Town of Nantucket and the Atlantic Ocean and shown as
Parcels 20B and 37B on a plan entitled “Plan to Acquire Land for General Municipal Purposes
in Surfside Area Prepared for the Town of Nantucket in Nantucket, MA,” dated January 31,
2007, revised February 28, 2008, and on file with the Nantucket County Registry of Deeds in
Plan File 2009-25, sheet 4, 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 any such disposition to be subject to the reservation of a pedestrian
access easement, which shall be a minimum of five (5) feet in width at a location to be
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
determined by the Board of Selectmen and otherwise on such terms and conditions, as the
Board of Selectmen deem appropriate, which may include the reservation of any additional
easements and reservations, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to sell,
convey or otherwise dispose of the fee or any lesser interests in all or any portions of the
following two (2) parcels of land comprising that part of Hawthorne Street, a paper street
located southerly of Nobadeer Avenue to land of the Town of Nantucket and the Atlantic Ocean
and shown as Parcels 20B and 37B on a plan entitled “Plan to Acquire Land for General
Municipal Purposes in Surfside Area Prepared for the Town of Nantucket in Nantucket, MA,”
dated January 31, 2007, revised February 28, 2008, and on file with the Nantucket County
Registry of Deeds as Plan No. 2009-25, sheet 4, 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 any such disposition to be subject to the reservation of a
pedestrian access easement, which shall be a minimum of five (5) feet in width at a location to
be determined by the Board of Selectmen and otherwise on such terms and conditions, as the
Board of Selectmen deem appropriate, which may include the reservation of any additional
easements and restrictions.
ARTICLE 97
(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 2012 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 98
(Appropriation: Free Cash)
To see what sum the Town will vote to transfer from Free Cash in the treasury to meet
the appropriations for the ensuing Fiscal Year and to authorize the Assessors to use in the
fixing the tax rate, pass any vote, or take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
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Town of Nantucket 2012 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 37 through 57 is printed in the Warrant, this report provides additional information to
help voters understand the planning process and the basis for each motion. Overall, the
Board’s motions are consistent with the goals and policies of the Master Plan, unanimously
accepted by Town Meeting in April of 20091, and they represent a balanced approach to
guiding the community’s future physical development.
All articles except 43 and 57, which were submitted as citizen articles, are sponsored by the
Planning Board. Articles 37 through 53 are Zoning Map changes. 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 anomalies2
Matching zoning districts with the character of the surrounding area3
Phasing out certain zoning districts4
Creating village neighborhood centers5
Protecting established neighborhoods from incompatible commercial uses6
Addressing zoning issues in 9 of 18 identified Planning Areas7
Planning Board sponsored articles advance Master Plan actions identified in the “Zoning
District Implementation Schedule”8. The Board did not recommend citizen articles as they
were found to be in contradiction with policy and implementation goals. Articles 39, 41, 45, 51
and 53 were amended by the Board to remove parcels for additional study or for technical
reasons.
Overall, the proposed map changes balance additions and reductions in future development,
advance the implementation schedule, respond to area plan requests, and focus commercial
use in identified neighborhood centers9.
Articles 54, 55 and 56 are Planning Board sponsored Zoning Bylaw amendments. Article 54
updates the existing Cluster and Major Residential Development (MRD) options by renaming
them Open Space Residential Development and Flex Development. The article removes
redundancy, aligns the development options with Town/Country Overlay Districts, and allows
1 Warrant Article 26 of the 2009 Annual Town Meeting 2 2009 Nantucket Master Plan, Figure 16, page 47 and Goal 2.2 Policy 2.2.1, page 90 (Articles 50 and 51) 3 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.3, page 90 (Articles 37, 38, 41, 42, 44, 47, 51, 52 and 53) 4 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.1a, page 90 (Articles 37, 38, 39, 40, 41, 42, 44, 45, 46, and 51) 5 2009 Nantucket Master Plan, Figure 15, page 46 and Goal 2.2, Policy 2.2.2, page 91 (Articles 40, 45, 46, 47, and 52) 6 2009 Nantucket Master Plan, Goal 2.2 Policy 2.2.3, page 91 (Articles 37, 38, 39, 40, 41, 42, 44, 45, 46, 48, 49, and 51) 7 2009 Nantucket Master Plan, Figure 17, page 48 (Articles 37, 38, 39, 40, 41, 42, 44, 45, 46, 48, 49, 51, and 53) 8 2009 Nantucket Master Plan, Figure 39, page 90 (Articles 37, 38, 39, 40, 41, 42, 44, 45, 46, 47, 48, 49, 51, and 52) 9 2009 Nantucket Master Plan, Figure 15, page 46 (Articles 37, 40, 45, and 46)
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Planning Board Report
Open Space Residential Development by-right in the Country Overlay District, provided that a
definitive subdivision plan is approved by the Planning Board10.
Article 55 provides a required update to the boundary of the Public Wellhead Recharge District
and modernizes stormwater management guidelines to reference the Massachusetts
Stormwater Standards Handbook, Volumes 1-3, which will improve the management of
stormwater within the Public Wellhead Recharge District and will allow a greater degree of
flexibility and guidance to Wannacomet Water Company when evaluating stormwater
management systems not only for design, but long term maintenance.
Article 56 proposes technical amendments that accomplish the following:
The addition of a definition for “take-out station” will provide clarity for interpretation
issues when applying the parking requirement.
A relaxation of the Neighborhood Employee Housing restrictions for commercial districts
within the Town Overlay District only will remove barriers to providing employee
housing.
Providing the Zoning Administrator with authority to review certain types of applications.
This will streamline the application process for minor matters and provide a documented
process for applicant’s to follow.
Providing an allowance for pre-existing non-conforming lots to be made less non-
conforming without the issuance of a special permit and for lots created pursuant to
certain provisions of the subdivision control law to be valid without a grant of relief from
the Zoning Board of Appeals.
Articles 43 and 57 are citizen sponsored articles. The Board found that there was no
consensus to support Article 43, a Zoning Map amendment, and recommended an area plan
process. The purpose of Article 57 was to create an overlay district to promote the
development of solar energy on Town-owned land, which the Board found to be
administratively burdensome and unnecessary since the uses are already allowed by-right.
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, Goal 2.1, Policy 2.1.1 and 2.2.2b, pages 90-91 (Article 54 )
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Town of Nantucket 2012 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 37 through 57. For more information see Chapter 139 of the Code of
the Town of Nantucket.
Articles 37 through 53
The intensity regulations, pursuant to the Code of the Town of Nantucket, Chapter 139
(Zoning), section 16 are referenced below.
Yard Setback
District Minimum
Lot Size Front Side/Rear Frontage
Ground
Cover
Ratio
Limited Use General 1 (LUG-1) 40,000 35 10 100 7%
Limited Use General 2 (LUG-2) 80,000 35 15 150 4%
Limited Use General 3 (LUG-3) 120,000 35 20 200 3%
Residential 1 (R-1) 5,000 10 5 50 30%
Residential 5 (R-5) 5,000 10
Side: 10
minimum
on one
side; 5
thereafter
Rear: 5
50 40%
Residential 10 (R-10) 10,000 20 10 75 25%
Sconset Residential 10 (SR-10) 10,000 15 5 75 25%
Sconset Residential 20 (SR-20) 20,000 30 10 75 12.50%
Village Residential (V-R) 20,000 30 15 100 10.00%
Residential 20 (R-20) 20,000 30 10 75 12.50%
Residential 40 (R-40) 40,000 30 10 75 10.00%
Residential Old Historic (ROH) 5,000 None 5 50 50%
Side:
none Commercial Downtown (CDT) 3,750 None
Rear: 5
35 75%
Residential Commercial (RC) 5,000 None 5 40 50%
Residential Commercial 2 (RC-
2) 5,000 10 5 40 50%
Limited Commercial (LC) 5,000 None 5 40 50%
Side: 5 Commercial Neighborhood
(CN) 7,500 10 Rear: 10 50 40%
Commercial Trade 10,000 10 Side: 5 50 40%
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Zoning Article Glossary
Entrepreneurship and Craft
(CTEC) Rear: 10
Village Neighborhood (VN) 10,000 10 10 50 30%
Zoning districts in grey, above, are located in the Country Overlay District (COD). Districts that
are not highlighted are located in the Town Overlay District (TOD).
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)
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)
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)
Article 54
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)
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Town of Nantucket 2012 Annual Town Meeting Warrant with Finance Committee Motions
Zoning Article Glossary
Rules and Regulations Governing the Subdivision of Land – a Planning Board document that
includes standards for subdivision design and construction, including but not limited to:
roadways, bike paths, sidewalks, landscaping, lighting, and stormwater management.
(Source: Rules and Regulations Governing the Subdivision of Land, prepared by the Nantucket
Planning Board, amended through December 20, 1999)
Article 56
Zoning Administrator - appointed by a 4/5 vote of the Board of Appeals to administratively
review certain minor applications. Upon review, the Zoning Administrator shall file a decision
with the Town Clerk and provide a copy to interested parties. The decision may be appealed
within thirty (30) days to the Zoning Board of Appeals. (Source: Chapter 139 of the Code of the
Town of Nantucket, section 29C)
Town of Nantucket 16 Broad Street Nantucket, MA 02554