HomeMy WebLinkAbout2013 warrant FC motions FINAL
TOWN OF NANTUCKET
2013 Annual Town Meeting
Tuesday, April 2, 2013
6:00 PM
Nantucket High School
Mary P. Walker Auditorium
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
(508) 228-7255
www.nantucket-ma.gov
BOARD OF SELECTMEN
Patricia Roggeveen, Chairman
Robert DeCosta, Vice Chairman
Rick Atherton
Bruce D. Miller
FINANCE COMMITTEE
Matthew T. Mulcahy, Chairman
Timothy M. Soverino, Vice Chairman
Matthew Fee
Christopher J. Kickham
James R. Kelly
Julia Lindner
John Tiffany
Clifford Williams
David Worth, Jr.
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 2013 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 H. Flint Ranney
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2013 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 4
5 Appropriation: Reserve Fund 5
6 Fiscal Year 2013 General Fund Budget Transfers 5
7 Personnel Compensation Plans for Fiscal Year 2014 6
8 Appropriation: Fiscal Year 2014 General Fund Operating Budget 9
9 Appropriation: Health and Human Services 12
10 Appropriation: General Fund Capital Expenditures 12
11 Appropriation: Enterprise Funds Operations 16
12 Appropriation: Enterprise Funds Capital Expenditures 17
13 Enterprise Funds: Fiscal Year 2013 Budget Transfers 20
14 Appropriation: Waterways Improvement Fund 21
15 Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2014 21
16 Appropriation: Ambulance Reserve Fund 22
17 Appropriation: County Assessment 22
18 Appropriation: Finalizing Fiscal Year 2014 County Budget 22
19 Rescind Unused Borrowing Authority 23
20 Appropriation: Ferry Embarkation Fee 25
21 Appropriation: Collective Bargaining Agreement/Fire 26
22 Appropriation: Collective Bargaining Agreement/Airport Union 26
23 Appropriation: Collective Bargaining Agreement/Our Island Home 27
24 Appropriation of Insurance Proceeds: Airport Enterprise Fund 27
25
Community Preservation Committee: Fiscal Year 2014 Budget Transfers/
Beaugrand 28
26 Appropriation: FY 2014 Community Preservation Fund/Beaugrand 28
27 Appropriation: Prospect Hill Bike Path/Dunton 33
28 Appropriation: FY 2014 Tick-Borne Disease Reduction Program/Dunton 34
29 Appropriation: Other Post-Employment Benefits Trust Fund 34
30 Zoning Bylaw Amendment: Permitted Uses 35
31 Zoning Bylaw Amendment: Formula Business – Definition Modification 58
32
Zoning Map Change: Brant Point Area Plan Implementation – LC to CN
and R-5 and RC to R-10 60
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2013 ANNUAL TOWN MEETING
TABLE OF CONTENTS
Article Number
Page
Number
33 Zoning Map Change: Holdgate Property – Old South Road RC-2 to CN 63
34
Zoning Bylaw Amendment: Town and Country Overlay District Boundary
Adjustments: Vicinity of Hummock Pond Road, Dukes Road, Crooked
Lane and Madaket Road 63
35 Zoning Map Change: R-20 to R-10 – Meadow Lane 70
36
Zoning Bylaw Amendment and Zoning Map Change: Village Height
Overlay District and Hummock Pond Farms – LUG-2 to VR 71
37 Zoning Bylaw Amendment: VTEC/VR Intensity Regulations 73
38 Zoning Map Change: Siasconset SR-20 to SR-10/Cohen 74
39 Zoning Bylaw Amendment: Intensity Regulations/Collier 74
40 Zoning Bylaw Amendment: Secondary Dwelling/Glidden 75
41 Wind Turbine Moratorium/Mandel 75
42
Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District
Map Changes 76
43
Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer
District Map Changes 78
44 Bylaw Amendment: Committees/Capital Program Committee 81
45 Bylaw Amendment: Council for Human Services 82
46
Bylaw Amendment: Committees/Visitor Services and Information Advisory
Committee 83
47 Bylaw: Civil Fingerprinting Authorization 84
48 Bylaw Amendment: Finances 90
49 Charter Amendment/Stover 91
50 Charter Amendment/Stover 91
51 Charter Amendment/Stover 92
52 Home Rule Petition: Airport Revolving Fund 93
53 Home Rule Petition: Amendment of Historic District Commission Act 94
54 Home Rule Petition: Land Bank Real Estate Conveyance 95
55 Home Rule Petition: Real Estate Conveyance to Land Bank 97
56 Home Rule Petition: Harbor and Shellfish Advisory Board 98
57 Home Rule Petition: Nantucket Mosquito Control Project 99
58 Home Rule Petition: Regulation of Fertilizer Use 101
59 Home Rule Petition: Community Preservation Committee 104
60
Home Rule Petition: Conveyance of Property by the County/Smooth
Hummocks – Moorlands Management District 105
61
Home Rule Petition: Amendment of Historic District Commission Act/
Barnes 107
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2013 ANNUAL TOWN MEETING
TABLE OF CONTENTS
Article Number
Page
Number
62
Home Rule Petition: Amendment of Historic District Commission Act/
Barnes 108
63
Home Rule Petition: Amendment of Historic District Commission Act/
Barnes 108
64
Home Rule Petition: Funeral Directors, Embalmers, Funeral Homes, and
Crematories/Stover 108
65
Home Rule Petition: Cessation of Longevity Payments for Nantucket Town
and County Employees/Spery 109
66
Home Rule Petition: Relative to Retirement Benefits for Nantucket Town
and County Employees/Spery 110
67 Reaffirm Separation of Police and Fire Departments/Allen 111
68
Non-binding “Sense of the Meeting” Request for Town Support of “The
Nantucket Life Foundation”/Stover 111
69
Request for Establishment of Tick-borne Disease Reduction Committee/
Dunton 111
70
Request to Increase Town Meeting Quorum for Appropriations and
Transfers/Dunton 112
71 Non-Binding Resolution: Photovoltaic Solar/Gookin 112
72
Non-Binding Resolution: Renewable Energy Power Source for Electric
Vehicle Charging Stations/Gookin 112
73 Real Estate Disposition: 47 Boulevarde 113
74 Real Estate Acquisition: 2 Bartlett Road 113
75 Real Estate Conveyance: Industrial Land 114
76
Real Estate Conveyance: Easements/Industry Road and Shadbush Road;
Map 78 Parcel 4 115
77 Real Estate Disposition: Long-term Lease Authorization, 14 Airport Road 115
78
Real Estate Disposition: Long-term Lease Authorization/Town Property at
Landfill 115
79 Public Ways: Coffin, Fayette, Meader and Francis Streets 116
80 Real Estate Acquisition: Various “Paper” Streets and Misc. Parcels 116
81 Real Estate Conveyance: Various “Paper” Streets and Misc. Parcels 119
82 Real Estate Acquisition: 42 Sparks Avenue 122
83 Real Estate Acquisition/Conveyance: 40 Sparks Avenue 123
84
Authorization for Lease at Landfill for Community Scale Wind Turbine/
Gookin 124
85 Real Estate: Martin’s Lane/McLaughlin 124
86 Appropriation: Stabilization Fund 124
87 Appropriation: Free Cash 125
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2013 ANNUAL TOWN MEETING
TABLE OF CONTENTS
Article Number
Page
Number
Planning Board Report 126
Zoning Article Glossary 128
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 2013 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 2012 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 2012 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 Seven Thousand One Hundred Thirty-
seven Dollars Sixty-three Cents ($7,137.63) be appropriated from Free Cash to pay the
General Fund unpaid bills from prior fiscal years; that Forty-nine Thousand Six Hundred
One Dollars and Thirty-eight Cents ($49,601.38) be appropriated from Retained
Earnings of the Nantucket Memorial Airport Enterprise Fund to pay the Airport
enterprise fund unpaid bills from prior fiscal years; that Five Hundred Twenty-five
Dollars ($525) be appropriated from Retained Earnings of the Our Island Home
Enterprise Fund to pay the Our Island Home Enterprise Fund unpaid bills from prior
fiscal years; that Two Hundred Twenty-six Dollars ($226) be appropriated from Retained
Earnings of the Sewer Enterprise Fund to pay the sewer enterprise fund unpaid bills
from prior fiscal years; that Six Thousand Five Hundred Dollars ($6,500) be
appropriated from Retained Earnings of the Wannacomet Water Enterprise Fund to pay
the Wannacomet Water Enterprise fund unpaid bills from prior fiscal years; all as shown
below:
DEPARTMENT VENDOR AMOUNT
Human Resources Ricoh, USA $68.80
Human Resources Workforce Integrity Networks $100.00
Human Services Ricoh, USA $82.90
Marine Department The Sunken Ship $80.00
Marine Department Enterprise Car Rental $124.61
Marine Department Brant Point Inn $161.96
Natural Resources Ricoh, USA $60.59
Planning Department Ricoh, USA $16.74
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Planning Department W.B. Mason $128.64
Police Department Enterprise Car Rental $52.34
Police Department
Workforce Integrity
Networks/Finance Charges and
Interest $761.48
Police Department Workforce Integrity Networks $3,048.00
Public Buildings Wannacomet Water Company $81.40
Public Buildings Ricoh, USA $151.77
Public Works Ricoh, USA $97.02
Public Works Mail Finance $768.38
Town Administration New England Testing Laboratory $178.00
Town Administration Kopelman and Paige, P.C. $1,155.00
Town Administration Inquirer and Mirror $20.00
Subtotal General Fund Expense $7,137.63
Airport Enterprise Fund Ryder Electric, Inc. $120.00
Airport Enterprise Fund Cape Cod Express, Inc. $ 146.84
Airport Enterprise Fund Deutsch Williams Brooks DeRensis $190.00
Airport Enterprise Fund Cape Cod Times $214.16
Airport Enterprise Fund Hobart Corporation $946.66
Airport Enterprise Fund ACK-Air Duct $1,336.73
Airport Enterprise Fund Nantucket Inn $243.40
Airport Enterprise Fund Workforce Integrity Networks $1,350.80
Airport Enterprise Fund Workforce Integrity Networks/
Finance Charges and Interest $552.60
Airport Enterprise Fund Atlantic Broom $ 535.50
Airport Enterprise Fund Eagle Elevator $2,250.00
Airport Enterprise Fund Briggs Engineering and Testing $484.00
Airport Enterprise Fund Inquirer & Mirror $20.00
Airport Enterprise Fund Valero and Sons $416.94
Airport Enterprise Fund Airport Gas Station and Car Wash $84.00
Airport Enterprise Fund Swain’s Travel $380.00
Airport Enterprise Fund Hertz Corporation $168.46
Airport Enterprise Fund Marine Home Center $2,147.41
Airport Enterprise Fund Marcum Advisors $16,483.54
Airport Enterprise Fund Ascent Aviation Group, Inc. $7,719.63
Airport Enterprise Fund Yates Gas $285.71
Airport Enterprise Fund Geno Geng Productions, Inc. $6,500.00
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Airport Enterprise Fund Mark Boldrighini $525.00
Airport Enterprise Fund Powers and Sullivan, LLC $6,500.00
Subtotal Airport Enterprise Fund $49,601.38
Our Island Home Kopelman and Paige, P.C. $525.00
Subtotal Our Island Home $525.00
Sewer Enterprise Fund New England Testing Laboratory $226.00
Subtotal Sewer Enterprise Fund $226.00
Wannacomet Water Powers and Sullivan, LLC $6,500.00
Subtotal Wannacomet Enterprise Fund $6,500.00
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 twenty-year unspent bond proceeds
from prior 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 the 2006 Annual
Town Meeting (Phase I & II
infiltration/inflow improvements
in downtown Core District)
Article 15 of the 2012 Annual
Town Meeting; Article 13 of the
2008 Annual Town Meeting
(Phase IIB Infiltration/Inflow
Improvements) $ 44,355.45
Article 13 of the 2006 Annual
Town Meeting (Reconstruction
of various areas of sewer
collection system)
Article 15 of the 2012 Annual
Town Meeting; Article 13 of the
2008 Annual Town Meeting
(Phase IIB Infiltration/Inflow
Improvements) $100,000.00
Article 13 of the 2006 Annual
Town Meeting (Construction of
sewer on north side of Old
South Road)
Article 15 of the 2012 Annual
Town Meeting; Article 13 of the
2008 Annual Town Meeting
(Phase IIB Infiltration/Inflow
Improvements) $102,306.09
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
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 the 2006 Annual
Town Meeting (Purchase of
replacement sewer cleaning
equipment)
Article 15 of the 2012 Annual
Town Meeting; Article 13 of the
2008 Annual Town Meeting
(Phase IIB Infiltration/Inflow
Improvements) $ 68,210.00
FINANCE COMMITTEE COMMENT: The unspent bond proceeds from the project
listed above were a result of the project final costs coming in under budget. The transfer
of the unspent bond proceeds to another article, subject to borrowing, reduces the new
borrowing required for the Phase IIB Infiltration/Inflow improvement item.
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
2014; 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 2014 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
$415,840
Tennis Court Tennis fees
Town Manager with
approval of Park & Recreation
Commission
Operation, maintenance of tennis court facility and housing for seasonal staff $ 36,850
Conservation
Fund
Conservation
Commission
application fees
Town Manager with
approval of Conservation
Commission
Consulting services in connection with
professional review of applications $ 23,700
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 $ 55,695
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
$125,108
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
FUND
REVENUE
SOURCE
AUTHORITY TO
SPEND USE OF FUND
SPENDING
LIMIT
with the proportionate costs of fringe benefits associated with the salaries so paid
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.
$ 68,021
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 $ 11,000
Public Works
Housing
Rental
payments
Town Manager with
approval of Board of
Selectmen
Defrayment of maintenance/upkeep of public
works housing facilities $ 13,850
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 2014; said sum not to exceed five (5) percent of the Fiscal Year
2013 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 2014 tax levy and other
general revenues of the Town to establish a reserve fund for Fiscal Year 2014 pursuant
to chapter 40, s.6 of the General Laws.
ARTICLE 6
(Fiscal Year 2013 General Fund Budget Transfers)
To see what sums the Town will vote to transfer into various line items of the
Fiscal Year 2013 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 2013 accounts and expenditures as follows:
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
FROM TO AMOUNT
Contractual Obligations, Salaries 2009 Abatement & Exemptions $ 17,740
Contractual Obligations, Salaries 2010 Abatement & Exemptions $ 21,720
Contractual Obligations, Salaries Moderator, Expense $ 750
Contractual Obligations, Salaries Street Lighting, Expense $ 20,000
Contractual Obligations, Salaries Code Enforcement, Salaries $ 13,700
Contractual Obligations, Salaries Payroll Withholding $164,893
General Fund, Free Cash Health Insurance Trust Fund $750,000
Marine, Salaries Town Administration, Salaries $ 20,200
Police Department, Salaries
Police Department, Operating
Expense $ 110,000
Planning, Operating Expense Planning, Salaries $ 5,000
Town Clerk, Operating Expense Town Clerk, Salaries $ 6,000
Visitor Services, Operating
Expense Visitor Services, Salaries $ 5,000
General Fund, Free Cash Reserve Fund $250,000
FINANCE COMMITTEE COMMENT: The transfer from the Marine Department to Town
Administration pertains to the transfer of an existing full-time Shellfish Warden position
from one department to another. The position is now reporting to Natural Resources
instead of the Marine Department and Natural Resources is under Town Administration
for budgetary purposes.
The last item (General Fund, Free Cash to Reserve Fund) is intended to fund any
necessary Fiscal Year 2013 repairs to damage sustained at the Town Pier from the
winter storms.
ARTICLE 7
(Personnel Compensation Plans for Fiscal Year 2014)
To see if the Town will vote to adopt the following Compensation Plans for Fiscal
Year 2014:
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) 39.00
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
Licensed Practical Nurse/Our Island Home (Per Diem – hourly) 25.00
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Mooring Enforcement Officer (hourly) 30.00
Plumbing Inspector, Assistant (hourly) 30.00
Registered Nurse/Our Island Home (Per Diem – hourly) 35.00
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, 2013- April 14, 2014)
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: Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor,
Parking Control Officer
C: Endangered Species Monitor Supervisor, Dock Worker, Marine Research
Technician
D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Seasonal
Laborer, 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 $90,570
*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.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
(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) 39.00
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
Licensed Practical Nurse/Our Island Home (Per Diem – hourly) 25.00
Mooring Enforcement Officer (hourly) 30.00
Plumbing Inspector, Assistant (hourly) 30.00
Registered Nurse/Our Island Home (Per Diem – hourly) 35.00
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, 2013- April 14, 2014)
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: Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor,
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Parking Control Officer
C: Endangered Species Monitor Supervisor, Dock Worker, Marine Research
Technician
D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Seasonal
Laborer, 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 $90,570
ARTICLE 8
(Appropriation: Fiscal Year 2014 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 2014; or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2014 operating
budget is established for the various offices, boards, and commissions of the Town as
follows:
Fiscal Year 2014 FY 2013
DEPARTMENT PAYROLL OPERATING
TOTAL
BUDGET
ARTICLE 8
TOTAL
GENERAL GOVERNMENT
Finance Committee $ 0 $ 17,650 $ 17,650 $ 19,400
Finance & Operations $1,456,942 $ 457,325 $ 1,914,267 $ 1,931,860
Human Resources $ 152,700 $ 31,100 $ 183,800 $ 178,690
Information Systems / GIS $ 458,190 $ 252,300 $ 710,490 $ 639,240
Legal $ 0 $ 315,000 $ 315,000 $ 335,000
Moderator $ 175 $ 1,500 $ 1,675 $ 825
Planning and Land Use Service $1,385,069 $ 265,770 $ 1.650,839 $ 1,665,064
Town Administration $ 777,990 $ 259,350 $ 1,037,340 $ 802,570
Town Clerk $ 217,800 $ 59,700 $ 277,500 $ 275,890
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Subtotal $4,448,866 $1,659,695 $ 6,108,561 $ 5,848,539
SAFETY & PROTECTION
Emergency Management $ 0 $ 7,000 $ 7,000 $ 9,000
Fire Department $ 2,239,260 $ 204,425 $ 2,443,685 $ 2,407,390
Police Department $ 4,526,295 $ 603,065 $ 5,129,360 $ 4,876,830
Street Lighting $ 0 $ 105,900 $ 105,900 $ 80,900
Subtotal $ 6,765,555 $ 920,390 $ 7,685,945 $ 7,374,120
MARINE & COASTAL RESOURCES
Marine Department $ 618,810 $ 83,075 $ 701,885 $ 849,040
Subtotal $ 618,810 $ 83,075 $ 701,885 $ 849,040
MAINTENANCE
Gas / Town Vehicles $ 0 $ 325,000 $ 325,000 $ 358,000
Mosquito Control $ 0 $ 102,500 $ 102,500 $ 100,000
Public Buildings $ 0 $ 754,850 $ 754,850 $ 764,690
Public Works $1,902,654 $ 365,200 $ 2,267,854 $ 2,167,770
Snow and Ice Removal $ 0 $ 25,000 $ 25,000 $ 64,000
Subtotal $ 1,902,654 $ 1,572,550 $ 3,475,204 $ 3,454,460
HUMAN SERVICES
Human Services $ 414,100 $ 56,851 $ 470,951 $497,120
Subtotal $ 414,100 $ 56,851 $ 470,951 $497,120
CULTURE & RECREATION
Atheneum $ 0 $ 676,444 $ 676,444 $667,900
Town Clock $ 0 $ 2,770 $ 2,770 $2,700
Visitor Services $ 223,870 $ 75,950 $ 299,820 $286,440
Subtotal $ 223,870 $ 755,164 $ 979,034 $957,040
CONTRACTUALOBLIGATIONS $ 301,201 $ 0 $ 301,201 $376,381
TOTAL OF DEPT OPERATING
BUDGETS $14,675,056 $5,047,725 $19,722,781 $ 19,356,700
EDUCATION
Community School $ 275,000 $ 75,000 $ 350,000 $ 250,000
Page 11
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
School Department $18,349,296 $ 4,696,979 $ 23,046,275 $22,191,269
Subtotal $18,624,296 $ 4,771,979 $ 23,396,275 $22,441,269
GRAND TOTAL OF GEN GOV'T
OPERATING BUDGETS $33,299,352 $9,819,704 $43,119,056 $41,797,969
DEBT SERVICE
Principal & Interest $ 0 $ 7,605,899 $7,605,899 $7,613,980
Subtotal $ 0 $ 7,605,899 $ 7,605,899 $7,613,980
INSURANCES
Auto Casualty $ 0 $ 173,000 $ 173,000 $120,500
Blanket Liability $ 0 $ 1,243,000 $ 1,243,000 $1,188,000
Claims Deductible $ 0 $ 62,000 $ 62,000 $80,000
Insurance Consulting $ 0 $ 26,000 $ 26,000 $28,000
Medical Insurance $8,369,402 $ 0 $ 8,369,402 $7,052,000
Unemployment $ 300,000 $ 0 $ 300,000 $300,000
Workers Compensation $ 190,000 $ 0 $ 190,000 $197,000
Laborer's Union Pension $ 44,000
$ 0
$ 44,000 $44,000
Subtotal $8,903,402 $ 1,504,000 $ 10,407,402 $9,009,500
ASSESSMENTS
Barnstable Retirement $3,228,051 $0 $3,228,051 $3,113,746
Subtotal $3,228,051 $0 $3,228,051 $3,113,746
GRAND TOTAL OF OPERATING
BUDGET $ 45,430,805 $18,929,603 $64,360,408 $61,535,195
And to meet these appropriations, the sum of Sixty-four Million Three Hundred Sixty
Thousand Four Hundred Eight Dollars ($64,360,408) be raised and appropriated from
the Fiscal Year 2014 tax levy and other general revenues of the Town. The budget
unanimously recommended by the Nantucket School Committee for the School
Department, including the Nantucket Community School, for Fiscal Year 2014 is
Twenty-three Million Three Hundred Ninety-six Thousand Two Hundred Seventy-five
Dollars ($23,396,275).
FINANCE COMMITTEE COMMENT: The Finance Committee wants to recognize the
Town Manager, Finance Director, Administrative staff and the Board of Selectmen for
their effort in the compilation of this budget from the beginning of the process through
Page 12
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
completion. The Committee recognizes the challenges faced, in light of the state of the
national and local economy, to provide the level of services within revenues projected.
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 grant agreements be executed by and between the Board of Selectmen
and the respective private, not-for-profit agency for Fiscal Year 2014, which grant
agreements 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 Dollars ($317,880) be raised and appropriated from the Fiscal
Year 2014 tax levy and other general revenues of the Town for the Town Manager to
expend to fund grants 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 grant agreements with the respective agencies for Fiscal Year
2014, which contracts shall stipulate mutually agreed upon terms and conditions:
AGENCY AMOUNT
A Safe Place $ 45,000
Elder Services of Cape Cod and the Islands $ 13,000
Family and Children’s Services DBA/Nantucket Behavioral
Health Services
$110,000
Martha’s Vineyard Community Services $ 12,000
South Coast Legal Services $ 4,000
Interfaith Council Nantucket Rental Assistance Program $ 30,000
Interfaith Council Emergency Food Pantry $ 34,000
Nantucket Family Planning $ 10,000
Nantucket Access Network Project $ 20,000
NCH Social Services $35,880
ASAP $ 4,000
TOTAL $317,880
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 2014 for the offices, departments, boards and
commissions of the Town of Nantucket; or to take any other action related thereto.
Page 13
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated
for capital outlay expenditures for general fund departments for Fiscal Year 2014, 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 FUNDING SOURCE(S) AMOUNT
Fire Department
Purchase replacement Administrative
Vehicle
Transfer $35,000 from Free Cash in the
Treasury of the Town $ 35,000
Marine
Department
Professional services and costs
associated with repair and renovations
of the Town Pier located at 34
Washington Street (Phase I)
Transfer $200,000 from Free Cash in
the Treasury of the Town $ 200,000
Marine
Department
Professional services and costs
associated with dredging the entrance to
Polpis Harbor
Transfer $82,000 from Free Cash in the
Treasury of the Town $ 82,000
Public Works
Professional services and costs
associated with various island wide road
improvements
Further, that Three Hundred Eighty-Four
Thousand Five Hundred Sixty Dollars
($384,560) be transferred from Article
10 of the 2004 Annual Town Meeting
(Surfside area road improvements –
unspent bond proceeds);
Raise and appropriate $300,000 from
the Fiscal Year 2014 tax levy and other
general revenues of the town $ 684,560
Public Works
Professional services and costs
associated with the repaving and other
related improvements of portions of the
Madaket Road Bike Path
Transfer $64,652 from the Free Cash in
the Treasury of the Town;
Raise and appropriate $135,348 from
the Fiscal Year 2014 tax levy and other
general revenues of the town $ 200,000
Public Works
Costs associated with Sconset
footbridge repair and renovation
Transfer $90,000 from Free Cash in the
Treasury of the Town $ 90,000
Public Works Purchase replacement dump truck
Transfer $107,157.87 from Article 10 of
the 2006 Annual Town Meeting (Phase I
Storm Water Drainage -unspent bond
proceeds);
Transfer $2,629.00 from Article 19 of the
2007 Annual Town Meeting (Replace
1992 Fire Engine -unspent bond
proceeds);
Transfer $386.06 from Article 10 of the
2011 Annual Town Meeting (Replace
Public Works Vehicle -unspent bond
proceeds);
Transfer $6,368.85 from Article 10 of the $ 130,000
Page 14
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
2009 Annual Town Meeting (Replace
Packer Truck – unspent bond proceeds);
Transfer $13,458.22 from Free Cash in
the Treasury of the Town
Public Works Purchase replacement Bobcat vehicle
Transfer $70,000 from Free Cash in the
Treasury of the Town $ 70,000
Public Works
Costs associated with widening the
roadway/intersection of Francis and
Union Street
Transfer $50,000 from Free Cash in the
Treasury of the Town $ 50,000
Town
Administration
Professional services and costs
associated with design, engineering and
construction of a multi-use path
connection between Prospect Street
and Joy Street known as the Prospect
Street Connector
Transfer $1,896.33 from Article 10 of the
2007 Annual Town Meeting (Maintain
Sidewalk – unspent bond proceeds);
Transfer $10,006.21 from Article 10 of
the 2006 Annual Town Meeting (Four
Corners – unspent bond proceeds);
Transfer $203,097.46 from Free Cash in
the Treasury of the Town $ 215,000
Town
Administration
Professional services and costs
associated with design, renovations,
and expansion of the Children’s Beach
Concession building and bathhouse
Transfer $250,000 from Article 10 of the
2002 Annual Town Meeting (Madaket
Bathhouse – unspent bond proceeds);
Transfer $300,000 from Free Cash in
the Treasury of the Town $ 550,000
Town
Administration
Professional services associated with
conducting a watershed assessment of
Miacomet Pond
Transfer $150,000 from Free Cash in
the Treasury of the Town $ 150,000
Town
Administration Costs associated with GIS data updates
Transfer $90,000 from Free Cash in the
Treasury of the Town $ 90,000
Town
Administration
Professional services and costs
associated with repairs and renovations
of various municipal facilities
Transfer $55,920.00 from Article 10 of
the 2012 Annual Town Meeting (Repair
Public Works Salt Shed – unspent bond
proceeds);
Transfer $74,844.81 from Article 10 of
the 2006 Annual Town Meeting (Four
Corners – unspent bond proceeds);
Transfer $155.19 from Article 10 of the
2005 Annual Town Meeting (New and
Replacement Servers - unspent bond
proceeds); $130,920
Town
Administration
Professional services and costs
associated with repairs and renovations
to the Brant Point Boat House Ramp
Transfer $75,000 from Free Cash in the
Treasury of the Town $ 75,000
Town Purchase replacement technology Transfer $50,000 from Free Cash in the $ 50,000
Page 15
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Administration equipment Treasury of the Town
School
Nantucket Elementary School
classroom repairs and renovations
Transfer $9,123.72 from Article 10 of the
2011 Annual Town Meeting (NES Flat
Roof Repair);
Transfer $190,876.28 from Free Cash in
the Treasury of the Town $200,000
School
Safety and security improvements at all
district schools
Transfer $135,000 from Free Cash in
the Treasury of the Town $135,000
School Upgrades to technology infrastructure
Transfer $100,000 from Free Cash in
the Treasury of the Town $100,000
School
Construction of storage in existing
structure behind Backus Lane Skate
Park
Transfer $125,000 from Free Cash in
the Treasury of the Town $125,000
School
Nantucket High School and Middle
School bathroom repairs and
renovations
Transfer $100,000 from Free Cash in
the Treasury of the Town $100,000
School
Nantucket High School pool area adult
locker room repairs and renovations
Transfer $80,000 from Free Cash in the
Treasury of the Town $80,000
School
Professional services associated with a
design and work to upgrade the High
School athletic to include lighting, 6-lane
track and artificial turf
Transfer $100,000 from Free Cash in
the Treasury of the Town $100,000
School
Professional services associated with
design and consulting fees to address
space needs in all district schools
Transfer $45,000 from Free Cash in the
Treasury of the Town $45,000
School
Professional services associated with
renovation and construction at Teen
Center located at First Way
Transfer $250,000 from Free Cash in
the Treasury of the Town $250,000
TOTAL $3,937,480
And, to meet this appropriation that Two Million Five Hundred Ninety-nine Thousand
Eighty-three Dollars and Ninety-six Cents ($2,599,083.96) be transferred from Free
Cash in the Treasury of the Town, that Four Hundred Thirty-five Thousand Three
Hundred Forty Eight Dollars ($435,348) be raised and appropriated from the Fiscal Year
2014 tax levy and other general revenues; and Nine Hundred Three Thousand Forty-
eight Dollars and Four Cents ($903,048.04) be transferred from prior year articles,
totaling Three Million Nine Hundred Thirty-seven Thousand Four Hundred Eighty
Dollars ($3,937,480).
BOARD OF SELECTMEN COMMENT: The Board of Selectmen had submitted a
$600,000 request for funding from Free Cash for the preparation of construction plans
for a Fire Station addition to the Public Safety Facility at 4 Fairgrounds Road for this
Town Meeting. The Finance Committee voted not to support the request and it does not
appear in the Motion to Article 10. The Board agrees with the Finance Committee’s
action not to include it and also that it is the Board’s intent to establish a building
committee to review the design plans and analyze options.
Page 16
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 11
(Appropriation: Enterprise Funds Operations)
To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute, or transfer from available funds, for the operation of
the Enterprise Funds of the Town of Nantucket for Fiscal Year 2014, 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 2014 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/Town Administration:
FY 2014 FY 2014 FY 2014 FY 2013
FUND PAYROLL EXPENSES
TOTAL
BUDGET TOTAL
BUDGET
Airport $3,866,062 $4,702,530 $8,568,592 $ 7,805,370
Our Island Home $5,866,926 $1,307,034 $7,173,960 $ 6,968,000
Sewer ( includes
Wastewater Treatment;
Collection & Disposal; and
Siasconset plant) $1,221,751 $5,285,554 $6,507,305 $ 5,607,735
Siasconset Water $ 27,770 $1,122,163 $1,149,933 $ 1,147,045
Solid Waste $ 44,182 $7,738,195 $7,782,377 $ 7,793,916
Wannacomet Water $1,423,129 $3,053,592 $4,476,721 $ 4,076,500
TOTAL $12,449,820 $23,209,068 $35,658,888 $33,398,566
Further, that the above appropriations be funded as follows:
FUND FUNDING SOURCES AMOUNTS
Airport FY 14 Anticipated Revenues $6,922,280
Airport Retained Earnings $1,341,714
Airport FY 14 Tax Levy and Other General Revenues $ 304,598
Our Island Home FY 14 Anticipated Revenues $4,606,440
Our Island Home FY 14 Tax Levy and Other General Revenues $2,295,000
Our Island Home Retained Earnings $ 272,520
Sewer FY 14 Anticipated Revenues $5,527,736
Sewer Retained Earnings $ 979,569
Solid Waste FY 14 Anticipated Revenues $3,169,414
Solid Waste FY 14 Tax Levy and Other General Revenues $4,612,963
Siasconset Water FY 14 Anticipated Revenues $1,149,933
Wannacomet Water FY 14 Anticipated Revenues $4,243,078
Wannacomet Water Retained Earnings $ 233,643
TOTAL FUNDING SOURCES $35,658,888
And, further, that the following amounts be appropriated in the General Fund and
funded by each Enterprise Fund Department as follows:
Page 17
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Two Hundred Thousand Dollars ($200,000) – Airport Enterprise
One Hundred Thousand Dollars ($100,000) – Our Island Home Enterprise
Eighty Thousand Dollars ($80,000) – Sewer Enterprise
Four Thousand Dollars ($4,000) – Siasconset Water Enterprise
One Hundred Eight Thousand Dollars ($108,000) – Solid Waste Enterprise
Ninety-two Thousand Two Hundred Nine Dollars ($92,209) – Wannacomet Water
FINANCE COMMITTEE COMMENT: Enterprise Fund revenues associated with
indirect costs as shown in the general fund are reported during the tax recapitulation
process as opposed to voted in the enterprise fund appropriations listed above.
ARTICLE 12
(Appropriation: Enterprise Funds 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 in Fiscal Year 2014 for the Enterprise Funds established under the
jurisdiction of the Town of Nantucket; or to take any other action related thereto.
(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 2014 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 FUNDING SOURCE(S) AMOUNT
Airport Professional services associated
with updating the Airport Master plan
Authorize the Treasurer, with the
approval of the Board of Selectmen to
borrow $750,000 pursuant to G.L.
c.44 Section 7 or 8 or any other
enabling authority, and that while
such bonds shall be general
obligations of the Town, it is intended
that the principal and interest thereon
shall be repaid from Airport Enterprise
Fund revenues, state or federal
grants, and other available funds of
the Airport $ 750,000
Airport
Purchase new and replacement
airfield vehicles
Authorize the Treasurer, with the
approval of the Board of Selectmen to
borrow $450,000 pursuant to G.L.
c.44 Section 7 or 8 or any other
enabling authority, and that while
such bonds shall be general
obligations of the Town, it is intended $ 450,000
Page 18
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
that the principal and interest thereon
shall be repaid from Airport Enterprise
Fund revenues, state or federal
grants, and other available funds of
the Airport
Airport
Professional services for design,
permitting, and other costs
associated with widening Taxiway
Delta
Transfer $29,607 from Article 14 of
the 2005 Annual Town Meeting
(Airport Terminal Expansion – unspent
bond proceeds)
Authorize the Treasurer, with the
approval of the Board of Selectmen to
borrow $345,393 pursuant to G.L.
c.44 Section 7 or 8 or any other
enabling authority, and that while
such bonds shall be general
obligations of the Town, it is intended
that the principal and interest thereon
shall be repaid from Airport Enterprise
Fund revenues, state or federal
grants, and other available funds of
the Airport $ 375,000
Subtotal Airport Enterprise $ 1,575,000
Our Island
Home
Costs associated with facility,
system, and equipment
improvements
Transfer $200,000 from Our Island
Home Certified Retained Earnings
$ 200,000
Our Island
Home
Costs associated with replacing
facility flooring and carpeting
Transfer $145,000 from Our Island
Home Certified Retained Earnings
$ 145,000
Our Island
Home
Supplemental Funding for Article 13
of the 2012 Annual Town Meeting:
nursing station item
Transfer $9,000 from Article 13 of the
2010 Annual Town Meeting (Replace
Fuel Tank – Tax Levy, Free Cash, or
other general revenues of the Town)
Transfer $11,000 from Our Island
Home Certified Retained Earnings
$ 20,000
Subtotal Our Island Home $ 365,000
Sewer
Costs associated with upgrading
sewer pump stations
Transfer $100,000 from Sewer
Certified Retained Earnings $ 100,000
Sewer
Professional services for storm
water mapping
Transfer $47,000 from General Fund
Free Cash $47,000
Subtotal Sewer Enterprise $ 147,000
Siasconset
Water
Supplemental funding for Article 2 of
the 2012 Special Town Meeting:
Pump Station/SCADA project for
professional services for
construction, project management,
and other costs associated with
Pump Station/SCADA project.
Authorize the Treasurer, with the
approval of the Board of Selectmen to
borrow $500,000 pursuant to G.L.
c.44 Section 7 or 8 or any other
enabling authority, and that while
such bonds shall be general
obligations of the Town, it is intended
that the principal and interest thereon
shall be repaid from Siasconset Water $ 500,000
Page 19
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Enterprise Fund revenues, state or
federal grants, and other available
funds of Siasconset Water
Subtotal Siasconset Water Enterprise $ 500,000
Solid Waste
Professional services for design,
permitting, and other costs
associated with landfill mining
Transfer $687,037 from the Fiscal
Year 2014 Tax Levy and Other
General Revenues of the Town $ 687,037
Solid Waste Costs associated with closing landfill
cells
Transfer authorization to borrow
$500,000 from Article 13 of the 2008
Annual Town Meeting (Costs
associated with closing Phase 2A
lined landfill cell) $ 500,000
Subtotal Solid Waste Enterprise $ 1,187,037
Wannacomet
Water
Supplemental funding for Article 2 of
the 2012 Special Town Meeting:
distribution system improvements
item
Transfer $172,463.94 from Article 12
of the 1999 Annual Town Meeting
(Design, purchase and installation of
a water meter radio reading system –
unspent bond proceeds);
Transfer $3,163 from Article 13 of the
2006 Annual Town Meeting (New
Source Well – unspent bond
proceeds);
Transfer $5,544 from Article 13 of the
2006 Annual Town Meeting (Pump
Station Rehabilitation – unspent bond
proceeds);
Transfer $29,142 from Article 13 of
the 2006 Annual Town Meeting (Cliff
Road Water Main – unspent bond
proceeds);
Transfer $671,729.91 from Article 13
of the 2010 Annual Town Meeting
(Distribution System Improvements –
unspent bond proceeds);
Transfer $11,399 from Article 13 of
the 2010 Annual Town Meeting
(Distribution System Improvements –
unspent bond proceeds)
Transfer $50,849 from Article 12 of
the 2011 Annual Town Meeting
(Madaket Water Main Phase I and II –
unspent bond proceeds);
Transfer $40,000 be transferred from
Article 12 of the 2011 Annual Town
Meeting (Washing Pond Tank
Rehabilitation – unspent bond
proceeds);
Transfer $40,000 from Article 15 of $1,024,290.85
Page 20
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
the 2012 Annual Town Meeting
(Madaket Water Main Phase III –
unspent bond proceeds)
Subtotal Wannacomet Water Enterprise $1,024,290.85
TOTAL
$4,798,327.85
Quantum of vote required for passage of the motion is 2/3
ARTICLE 13
(Enterprise Funds: Fiscal Year 2013 Budget Transfers)
To see what sums the Town will vote to transfer into various line items of Fiscal
Year 2013 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 2013 as follows:
FROM TO AMOUNT
Wannacomet Water Retained Earnings Wannacomet Water Operating Expense $ 515,000
Wannacomet Water Retained Earnings Wannacomet Water Salaries $ 25,000
Airport Retained Earnings Airport Salaries $ 150,000
Airport Retained Earnings Airport Operating Expense $ 170,000
Airport Retained Earnings General Fund Indirect Costs Incurred in
FY2012
$ 16,061
Sewer Retained Earnings Sewer Reserve for Prepaid Privilege Fees $1,106,429
Sewer Retained Earnings Sewer Operating Expense $ 440,000
Sewer Retained Earnings Sewer Salaries $ 60,000
Sewer Retained Earnings General Fund Indirect Costs Incurred in
FY2012
$ 5,035
Siasconset Water Retained Earnings General Fund Indirect Costs Incurred in
FY2012
$ 293
Solid Waste Retained Earnings Solid Waste Operating Expense $ 400,000
Solid Waste Retained Earnings General Fund Indirect Costs Incurred in
FY2012
$ 44,268
Our Island Home Retained Earnings Our Island Home Salaries $ 250,000
Our Island Home Retained Earnings Our Island Home Operating Expense $ 135,000
Our Island Home Retained Earnings Our Island Home Capital Expense (Nursing
Station)
$ 75,000
Our Island Home Retained Earnings Our Island Home Capital Expense (Accessible
Doors)
$100,000
Page 21
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 14
(Appropriation: Waterways Improvement Fund)
To see what sum the Town will vote to appropriate from the revenue received
under Chapter 60B subsection (i) of section 2 and under Chapter 91section 10A of the
Massachusetts General Laws and sums received from the Commonwealth or Federal
Government for purposes established by Chapter 40 section 5G of the Massachusetts
General Laws including but not limited to (1) maintenance , dredging, cleaning and
improvement of harbors, inland waters and great ponds, (2) the public access thereto,
(3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law
enforcement and fire prevention in the Town and County of Nantucket, and any other
purpose allowed by applicable law.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Three Hundred Forty-six Thousand Six
Hundred Dollars ($346,600) be appropriated from the Waterways Improvement Fund for
the purpose of (1) maintenance, dredging, cleaning and improvement of harbors, inland
waters and great ponds, (2) the public access thereto, (3) the breakwaters, retaining walls,
piers, wharves and moorings thereof, and (4) law enforcement and fire prevention in the
Town and County of Nantucket, and any other purpose allowed by applicable law.
ARTICLE 15
(Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2014)
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 2014, 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 One Hundred Ninety-five Thousand Three Hundred Thirty-six Dollars
($5,195,336) 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 2014 in the amount of Five
Million One Hundred Ninety-five Thousand Three Hundred Thirty-six Dollars
($5,195,336) 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.
Page 22
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 16
(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 Five Hundred Thirty-eight Thousand
Four Hundred Thirty-one Dollars ($538,431) 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 17
(Appropriation: County Assessment)
To see if the Town will vote to appropriate, and also to raise, borrow pursuant to
any applicable statute, or transfer from available funds, to pay the County of Nantucket
such assessment as is required for Fiscal Year 2014, 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.
Or to take any other action related thereto.
(Board of Selectmen/County Commissioners)
FINANCE COMMITTEE MOTION: Moved that One Hundred Seventy Thousand Two
Hundred One Dollars ($170,201) be raised and appropriated from the Fiscal Year 2014
tax levy and other general revenues of the Town to fund the Fiscal Year 2014 county
assessment.
ARTICLE 18
(Appropriation: Finalizing Fiscal Year 2014 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 2014 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
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
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, at its meeting on
January 28, 2013, acting as the Nantucket County Review Committee in accordance
with section 2.7 of the Nantucket County Charter, endorsed the Fiscal Year 2014
Nantucket County budget as had been adopted by the Nantucket County
Commissioners on January 23, 2013. Thus no action is required.
ARTICLE 19
(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 Housing improvements
Article 13/2004
Annual Town Meeting
$100,000
Airport Replace airfield vehicles Article 13/2004
Annual Town Meeting
$100,000
Airport Rehabilitate fuel farm Article 13/2004
Annual Town Meeting
$70,000
Airport Macy Lane bike path and
airport entryway
Article 13/2004
Annual Town Meeting
$250,000
Airport Implementation of security
measures
Article 13/2005
Annual Town Meeting
$331,000
Airport Design and construct a new
Airport Terminal Building
Article 14/2005
Annual Town Meeting
$10,500,000
Airport Costs associated with
improvements to Taxiway “E”
Article 12/2007
Annual Town Meeting
$1,239,100
Airport Costs associated with air
freight building rehabilitation
Article 12/2007
Annual Town Meeting
$250,000
Airport Purchase of new airfield
vehicles and equipment
Article 12/2007
Annual Town Meeting
$265,000
Airport Updating/reconstruction of
hangars, including professional
services for engineering and
Article 13/2008
Annual Town Meeting
$368,214
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
permitting
Airport Design and construction of
Airport terminal project;
amending Article 14 of the
2005 Annual Town Meeting
Article 13/2008
Annual Town Meeting
$3,000,000
Airport Purchase of new airfield
vehicles and equipment
Article 13/2009
Annual Town Meeting
$250,000
Airport Professional services for the
raze and removal of the annex
building
Article 13/2009
Annual Town Meeting
$232,786
Airport Replace frame work and fire
suppression system in Fuel
Farm
Article 13/2010
Annual Town Meeting
$300,000
Airport Professional services for costs
associated with parking lot
improvements and landscaping
Article 13/2010
Annual Town Meeting
$400,000
Airport Costs associated with ramp
electrification
Article 12/2011
Annual Town Meeting
$2,326,000
General Fund Design, construction, and other
costs related to sidewalk on
Vesper Lane and design and
other fees related to bicycle
path on Fairgrounds Road
Article1/1998 Annual
Town Meeting
$299,250
General Fund Design and required studies for
a bike path starting at Vesper
Lane, following Hummock
Pond Road, continuing to Cisco
Article 28/2005
Annual Town Meeting
$300,000
Our Island Home Costs associated with installing
accessible doors at 9 East
Creek Road
Article 12/2012
Annual Town Meeting
$100,000
Our Island Home Costs associated with
replacement or renovation of
nursing station at 9 East Creek
Road
Article 12/2012
Annual Town Meeting
$75,000
Sewer Improvements to Washington
Street sewer line including
design, construction, and other
related fees
Article 26/1997
Annual Town Meeting
$451,976
Sewer Costs associated with planning
and construction of wastewater
treatment facility in Siasconset
Article 13/1998
Annual Town Meeting
$359,758
Sewer Acquisition of private sewer
system pumping station in
Naushop subdivision
Article 12/1999
Annual Town Meeting
$600,000
Sewer Design, permitting,
construction and other related
costs for improvements to
sewer collection system and to
implement recommendations of
the upcoming sewer mapping
and evaluation study
Article 12/2000
Annual Town Meeting
$500,000
Sewer Sewer residential housing
program
Article 2/October 10,
2001 Special Town
Meeting
$700,000
Sewer Acquisition and conveyances
of real property in Surfside
Article 1/April 15,
2003 Special Town
$469,342
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Meeting
Sewer Construction and related costs
for infiltration/inflow
improvements
Article 13/2004
Annual Town Meeting
$103,400
Sewer Professional services, including
design, permitting, engineering
of Somerset Road area
infrastructure expansion
Article 13/2008
Annual Town Meeting
$696,000
Sewer Professional services, including
design, permitting, engineering,
of Shimmo collection system
Article 13/2008
Annual Town Meeting
$666,000
Sewer Professional services, including
design, permitting, and
engineering of Monomoy area
collection system
Article 13/2008
Annual Town Meeting
$558,000
Sewer Costs associated with storm
water mapping
Article 12/2012
Annual Town Meeting
$49,783
Siasconset Water Professional services for
design, permitting,
construction, and other costs
associated with Baxter Road
water main replacement
Article 13/2010
Annual Town Meeting
$1,750,000
Siasconset Water Professional services for costs
associated with dismantling
New Street water storage tank
Article 13/2010
Annual Town Meeting
$350,000
Solid Waste Costs associated with
expansion of Materials
Recovery Facility
Article 13/2005
Annual Town Meeting
$500,000
Wannacomet Water Costs associated with
construction of
maintenance/garage facility
Article 12/2007
Annual Town Meeting
$250,000
Total Borrowing Authority to Rescind $29,143,609
FINANCE COMMITTEE COMMENT: The projects listed above have either been
completed using other funding sources; the final cost was less than authorized; the
project is no longer moving forward; or a combination thereof.
ARTICLE 20
(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)
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved that One Hundred Ninety-one Thousand
Three Hundred Dollars ($191,300) 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 21
(Appropriation: Collective Bargaining Agreement/Fire)
To see if the Town will vote to raise and appropriate, transfer from available funds
or borrow pursuant to any applicable statute, a sum of money to fund the cost items for
Fiscal Year 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)
FINANCE COMMITTEE MOTION: Moved that Six Thousand Five Hundred Seventeen
Dollars ($6,517) be hereby appropriated to fund the cost items for Fiscal Year 2013,
ending June 30, 2013, and as described in a collective bargaining agreement between
the Town of Nantucket (represented by the Board of Selectmen) and the Fire
Department union employees (represented by the Nantucket Professional Firefighters
Local 2509) in accordance with Chapter 150E of the Massachusetts General Laws, and
to meet these appropriations that Six Thousand Five Hundred Seventeen Dollars
($6,517) be transferred from the Contractual Obligations appropriation as voted
pursuant to Article 8 of the 2012 Annual Town Meeting; and, further, to amend the
Town’s classification and compensation plan accordingly to reflect such contract.
FINANCE COMMITTEE COMMENT: The Finance Committee supports fair and
competitive wages for all Town employees which includes periodic adjustments for
inflation and increased responsibility. In the past several years the negotiated personnel
cost increases have exceeded the norm of the total job market on Nantucket and the
rest of the country. Many of the people paying for these increases (taxpayers) have
done so from decreasing resources. The Town has recently made good progress in
reducing the negotiated increases in personnel costs which is why the Finance
Committee supports this Article. The Finance Committee also believes that more
progress must be made in the future.
BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee
Motion and Comment.
ARTICLE 22
(Appropriation: Collective Bargaining Agreement/Airport 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 2014 in a collective bargaining contract between the Town of Nantucket
Page 27
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
(represented by the Airport Commission and Airport union employees (represented by
the Massachusetts Laborer’s District Council of the Nantucket Memorial Airport
Employees of the Laborer’s International Union of North America, Local 1060) in
accordance with Chapter 150E of the Massachusetts General Laws, and to amend the
Town’s classification and compensation plan accordingly to reflect such contract.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Committee was not presented with a
prepared cost analysis of a final memorandum of agreement for this union contract prior
to the Warrant with Motions being published. Because personnel costs represent the
majority of expenses in the municipal budget, the Committee performs a complete
review of collective bargaining contract renewal proposals. It did not have sufficient time
to undertake this review prior to Town Meeting.
ARTICLE 23
(Appropriation: Collective Bargaining Agreement/Our Island Home)
To see if the Town will vote to raise and appropriate, transfer from available funds
or borrow pursuant to any applicable statute, a sum of money to fund the cost items for
Fiscal Year 2014 in a collective bargaining contract between the Town of Nantucket
(represented by the Board of Selectmen) and Our Island Home union employees
(represented by the Service Employees Union International, Local 1199) in accordance
with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s
classification and compensation plan accordingly to reflect such contract.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Committee was not presented with a
prepared cost analysis of a final memorandum of agreement for this union contract prior
to the Warrant with Motions being published. Because personnel costs represent the
majority of expenses in the municipal budget, the Committee performs a complete
review of collective bargaining contract renewal proposals. It did not have sufficient time
to undertake this review prior to Town Meeting.
ARTICLE 24
(Appropriation of Insurance Proceeds: Airport Enterprise Fund)
To see what sum the Town will vote to transfer from insurance proceeds to the
Airport Enterprise Fund, which funds were collected in connection with expenditures
made by the Airport’s emergency response to the October 19, 2012 NetJets fuel spill at
the Airport, or take any other action relative thereto.
Page 28
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
(Board of Selectmen for Airport Commission)
FINANCE COMMITTEE MOTION: Moved that Thirty-nine Thousand Six Hundred
Thirty-one Dollars and Ninety-nine Cents ($39,631.99) be transferred from insurance
proceeds to the Airport Enterprise Fund for reimbursement of expenses incurred by the
Airport’s emergency response to the October 19, 2012 NetJets fuel spill at the Airport.
ARTICLE 25
(Community Preservation Committee: Fiscal Year 2014 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 is available for future appropriations.
FROM TO AMOUNT
Article 26 ATM 2008
Maria Mitchell Association
Fiscal Year 2014
Community Preservation Committee
Historic Preservation reserved fund
balance
$10,499.49
Total Transfers to Historic Preservation Reserved fund balance $10,449.49
(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 2013
accounts as follows:
FROM TO AMOUNT
Article 26 ATM 2008
Maria Mitchell Association
Fiscal Year 2014
Community Preservation Committee
Historic Preservation reserved fund
balance
$10,499.49
Total Transfers to Historic Preservation Reserved fund balance $10,449.49
ARTICLE 26
(Appropriation: FY 2014 Community Preservation Fund)
To see if the Town will vote to act on the report of the Community Preservation
Committee on the Fiscal Year 2014Community 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
Nantucket Firemen’s Association
Restoration of a 1937 American LaFrance pumper Fire Truck
$80,000
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Nantucket Maria Mitchell Association
Preserving the Historic Façade of the Nantucket Maria Mitchell
Association’s Science Library
$243,795
St. Paul’s Church in Nantucket
Restoration of the exterior vestibule and creation of the
handicap accessible walkway, lift and stairway
$416,685
First Congregational Church in Nantucket
Restoration of the Old North Vestry
$195,125
Nantucket Historical Association
Preservation of the Old Gaol (Jail)
$62,425
Two Center Street Restoration Project
Preservation of the Historic Methodist Church Building
$160,163\
Nantucket Islands Land Bank
Restoration of Historic barn on Sconset Golf course
$205,000
University of Florida Preservation Institute
3D laser scanning of Historic buildings for public access
$68.596
Sub-total $1,431,789
$20,790 of the funds utilized for this category are from the Designated Reserve
for Historic preservation with the balance of the funds to be used in this
category from the Community Preservation surcharge and the State matching
funds.
Community Housing
Nantucket Interfaith Council
Housing and rental assistance program
$120,000
Habitat for Humanity Nantucket Inc.
Construct new Habitat for Humanity house on current available
or to be available land
$200,000
Sub-total $320,000
$21,677 of the funds utilized in this category are from the Designated Reserve
for Community housing with the balance of the funds to be used in this category
from the Community Preservation surcharge and the State matching funds.
Open Space Conservation/Recreation
Town of Nantucket
Funds to pay the interest and principal in the first year of the
Bond authorized at the 2012 Nantucket Town Meeting for the
creation of an artificial turf playing field at Nobadeer Farm
Road.
$125,000
Page 30
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Open Space Reserves
Allocation to Open Space Reserves for future use.
$230,000
Sub-total $355,000
All of the funds to be used in this category are from the Community Preservation
surcharge and the State matching funds.
Undesignated Reserves
Allocation to Undesignated Reserves for future use
$100,000
Sub total $100,000
All of the funds to be used in this category are from the Community Preservation
surcharge and the State matching funds.
Administrative
Community Preservation Committee
Administrative and operating expenses
$93,211
Sub-total $93,211
All funds to be used in this category are from the Community Preservation
surcharge and the State matching funds.
TOTAL $2,300,000
And amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY 2014 Community Preservation
Surcharge
$1,797,000
From State matching funds for FY 2013, to be received in 2014 $449,300
From interest $11,233
From Designated Reserves for Historic preservation $20,790
From Designated Reserves for Community Housing $21,677
Total Revenues $2,300,000
Page 31
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
For fiscal year 2014 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
2014 revenues or other available funds as indicated herein, for the administrative and
operating expenses of the Community Preservation Committee, the undertaking of
community preservation projects and all other necessary and proper expenses, for
Fiscal Year 2014 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
Nantucket Maria Mitchell Association
Preserving the Historic Façade of the Nantucket Maria Mitchell
Association’s Science Library
$243,795
St. Paul’s Church in Nantucket
Restoration of the exterior vestibule and creation of the
handicap accessible walkway, lift and stairway
$416,685
First Congregational Church in Nantucket
Restoration of the Old North Vestry
$195,125
Nantucket Historical Association
Preservation of the Old Gaol (Jail)
$62,425
Two Center Street Restoration Project
Preservation of the Historic Methodist Church Building
$160,163
Nantucket Islands Land Bank
Restoration of Historic barn on Sconset Golf course
$205,000
University of Florida Nantucket Preservation Institute
3D laser scanning of Historic buildings for public access
$68,596
Sub-total $1,431,789
$1,226,789
Page 32
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
$20,790 of the funds utilized for this category are from the Designated Reserve
for Historic preservation with the balance of the funds to be used in this
category from the Community Preservation surcharge and the State matching
funds.
Community Housing
Nantucket Interfaith Council
Housing and rental assistance program
$120,000
Habitat for Humanity Nantucket Inc.
Construct new Habitat for Humanity house on current available
or to be available land
$200,000
Sub-total $320,000
$21,677 of the funds utilized in this category are from the Designated Reserve
for Community housing with the balance of the funds to be used in this category
from the Community Preservation surcharge and the State matching funds.
Open Space Conservation/Recreation
Town of Nantucket
Funds to pay the interest and principal in the first year of the
Bond authorized at the 2012 Nantucket Town Meeting for the
creation of an artificial turf playing field at Nobadeer Farm
Road.
$125,000
Open Space Reserves
Allocation to Open Space Reserves for future use.
$230,000
Sub-total $355,000
All of the funds to be used in this category are from the Community Preservation
surcharge and the State matching funds.
Undesignated Reserves
Allocation to Undesignated Reserves for future use
$100,000
$305,000
Sub total $100,000
$305,000
All of the funds to be used in this category are from the Community Preservation
surcharge and the State matching funds.
Administrative
Page 33
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
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 $2,300,000
And amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY 2014 Community Preservation
Surcharge
$1,797,000
From State matching funds for FY 2013, to be received in 2014 $449,300
From interest $11,233
From Designated Reserves for Historic preservation $20,790
From Designated Reserves for Community Housing $21,677
Total Revenues $2,300,000
For fiscal year 2014 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.
ARTICLE 27
(Appropriation: Prospect Hill Bike 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 $900,000, to be spent
by the Town Manager for professional services toward design, permitting, construction
supervision and other related professional services, for the construction of the Prospect
Hill Bike Path and pedestrian improvements or to take any other action related thereto.
Page 34
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
(Carol Dunton, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Finance Committee supports the completion
of the Prospect Hill Bicycle Path but also supports the recommendation of the Capital
Program Committee to fund this project at the $215,000 amount (contained in the
Motion to Article 10).
BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee
Motion and Comment.
ARTICLE 28
(Appropriation: FY 2014 Tick-Borne Disease Reduction Program)
To see if the Town will vote to raise and appropriate, borrow pursuant to any
applicable statute, or transfer from available funds the sum of $75,000 to be spent by
the Town Manager for the purpose of developing an island- wide, comprehensive tick-
borne disease reduction program for Fiscal Year 2014, or to take any other action
related thereto.
(Carol Dunton, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: Acknowledging an immediate need for action, the
Committee advocates the Board of Health act to lead the Town's initiative against tick-
borne disease, including the composition of a long-term plan to determine its
epidemiology and incidence on Nantucket and coordinate measures to reduce it.
Further, it is the Committee's opinion that all financial appropriations only be considered
as part of a line item budget put forward by the Board of Health in future years.
BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee
Motion and Comment.
ARTICLE 29
(Appropriation: Other Post-Employment Benefits Trust Fund)
To see if the Town will vote to raise and appropriate, borrow pursuant to any
applicable statute, or transfer from available funds, a sum of money to be deposited into
the Other Post-employment Benefits Trust Fund; or take any other action related
thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Two Hundred Fifty Thousand Dollars
($250,000) be appropriated from Free Cash to be deposited by the Treasurer into the
Other Post-employment Benefits Trust Fund.
BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee
Motion and Comment.
Page 35
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 30
(Zoning Bylaw Amendment: Permitted Uses)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket, as follows (NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not
meant to become part of the final text; and, further, that non-substantive changes to the
numbering of this bylaw be permitted in order that it be in compliance with the
numbering format of the Code of the Town of Nantucket):
1. To delete section 12C, Neighborhood Employee Housing Overlay District, and
section 12J, Multi-Family Overlay District, in their entirety.
2. To amend section 2 as follows:
APARTMENT
A dwelling unit located on the second or third floor or in the basement of a
commercial structure. A maximum of four apartments per lot are allowed in the
following districts:
[Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009]
(1) CDT — one dwelling unit is permitted for each 1,000 square feet of lot
area.
(2) CMI — one dwelling unit is permitted for each 2,000 square feet of lot area.
(3) CN — one dwelling unit is permitted for each 3,000 square feet of lot area.
(4) CTEC – one dwelling unit is permitted for each 4,000 square feet of lot
area.
(5) CI – one dwelling unit is permitted for each 5,000 square feet of lot area.
BULK MERCHANDISE RETAIL
The sale of goods that require a large amount of floor space and which
involves goods both warehoused and retailed at the same location. Items for
sale include large, categorized products such as household appliances,
furniture, construction and lawn equipment, electrical and heating fixtures and
supplies, plumbing fixtures and supplies.
EMPLOYER DORMITORY
A dwelling on a lot occupied by a legally permitted or nonconforming
commercial or nonprofit recreational use, or on an adjoining lot under the
same ownership, all located outside of the NEHOD TOD in which sleeping
accommodations for more than five persons are provided by one or more
employers, with occupancy limited solely to their employees.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
LUMBERYARD
A facility where building materials such as lumber, plywood, drywall, cement
blocks, roofing materials, insulation, and the like, including related products
such as wallpaper, plumbing and electrical supplies, paint, glass, and
hardware, are stored and sold.
MEDICAL MARIJUANA TREATMENT CENTER
An establishment containing a not-for-profit entity, as defined by
Massachusetts law only, registered by the Department of Public Health,
that acquires, cultivates, possesses, processes (including development
of related products such as food, tinctures, aerosols, oils or ointments),
transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or
educational materials to qualifying patients or their personal caregivers.
MULTI-FAMILY DWELLING
A building(s), structure(s) or area(s) within a building(s) or structure(s) that
contains three or four dwelling units on a lot subject to conditions set forth in
§ 139-12.
NEIGHBORHOOD EMPLOYEE HOUSING OVERLAY DISTRICT
An overlay district in which housing is provided for six to nine employees in a
dwelling unit, together with spouses, domestic partners, and dependents with
the total occupancy on the number of persons in a building not to exceed 18
persons per lot, in accordance with § 139-12C. Housing for the exclusive use
of employers who own or lease space on a lot, for the purpose of housing their
employees, their spouses, domestic partners and dependents. A maximum of
two (2) dwelling units shall be permitted per lot with occupancy limited to a
total of eighteen (18) persons. In the R-1, ROH, R-5, R-10, R-20, and R-40
districts only, there shall be no more than two (2) lots containing neighborhood
employee housing or employer dormitory units (conforming or preexisting
nonconforming), within a 1,000 foot radius. The special permit granting
authority shall conduct a site plan review in accordance with §139-23 and shall
require the submission of a dormitory management plan.
OUTBUILDINGS
Detached accessory residential structures, not including dwelling units,
studios, or sheds.
SHED
An accessory structure for storage purposes, not designed to be served by
heat or plumbing.
3. To amend section 3F as follows:
F. Overlay districts.
Page 37
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
District Abbreviation
Public Wellhead Recharge PWR
Flood Hazard
Mid-Island Planned
FHD
MIPOD
Multifamily MF
Neighborhood Employee Housing NEHOD
Country COD
Town TOD
Formula Business Exclusion FBED
Harbor
Village Height
HOD
VHOD
4. To amend section 4 as follows:
C. … The Multi-Family Overlay District is located and bounded as shown on a
map entitled "Multi-Family Overlay Districts," dated March 13, 2000, prepared by
the Nantucket G.I.S. Department as amended to add the area shown as being
located in the Multi-Family Overlay District on a map entitled "MFOD-
Expansion" dated October, 2001 and February 2002. The districts shown on
said map shall be considered overlay districts to be superimposed on the
aforementioned Zoning Map of Nantucket, Massachusetts. Copies of the map
shall be on file with the Town Clerk, the Building Commissioner, and the
Planning Board upon adoption.
and
E. The NEHOD shall be coterminous with the Town Overlay District (§ 139-12E)
and Country Overlay District (§ 139-12F) as is shown on a map entitled "Town
and Country Designations" as may be amended from time to time.
5. To amend section 7A, Use Chart, as follows(NOTE: in this section only, new
language is shown in italic, language to be deleted is shown by strikeout; these
methods to denote changes are not meant to become part of the final text)
Page 38
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town
Residential
Districts
Use
R-1
SR-1
ROH
SOH R-5 R-10
SR-10
R-20
SR-20 R-40
Primary dwelling Y Y Y Y Y Y
Secondary dwelling Y Y Y Y Y Y
Accessory apartment Y Y Y Y Y Y
Apartment N N N N N N
Garage Apartment Y Y Y Y Y Y
Duplex Y R-1 N SR-1 N Y Y R-10
N SR-10 N N
Elder housing facilities SP SP SP SP SP SP
Studio A A A A A A
Garage – Residential A/SP A/SP A/SP A/SP A/SP A/SP
Shed A A A A A A
Outbuildings – other A A Y Y A A
Swimming Pool – Residential A N A A A A
Home Occupations Y Y Y Y Y Y
Greenhouses for personal use Y Y Y Y Y Y
Keeping of pets and farm animals for
personal use Y Y Y Y Y Y
Retail sales N N N N N N
Convenience store N N N N N N
Alcohol sales N N N N N N
Bakery N N N N N N
Open air market N N N N N N
Pharmacy N N N N N N
Medical Marijuana Treatment Center N N N N N N
Supermarket N N N N N N
Restaurants
Small (up to 70 seats) N N N N N N
Large (71-200 seats) N N N N N N
Take out food establishment N N N N N N
Drive-through take-out food N N N N N N
Tavern/Bar N N N N N N
Formula businesses
Retail (Includes: bakery,
convenience store, and pharmacy) N N N N N N
Supermarket N N N N N N
Restaurant
Small (up to 70 seats) N N N N N N
Large (71-200 seats) N N N N N N
Take out food establishment N N N N N N
Tavern/Bar N N N N N N
Offices N N N N N N
Theatres, auditoriums, or other places
of
public assembly
N N N N N N
Personal Services SP SP SP SP SP SP
Print shop N N N N N N
Laundromat or dry-cleaning N N N N N N Residential Business Commercial
Page 39
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town
Residential
Districts
Use
R-1
SR-1
ROH
SOH R-5 R-10
SR-10
R-20
SR-20 R-40
establishment
Bank N N N N N N
Automated teller machine N N N N N N
Arcade N N N N N N
Art gallery N N N N N N
Museum N N N N N N
Catering N N N N N N
Crematorium N N N N N N
Funeral home SP SP SP SP N N
Health spa N N N N N N
Medical clinic N N N N N N
Hospital N N N N N N
Transient residential facilities
Hotel or inn N N N N N N
Rooming, lodging, or guest house N N N N N N
Time-sharing/Interval dwelling
units N N N N N N
Contractor shop N N N N N N
Lumberyard N N N N N N
Bulk Merchandise Retail N N N N N N
Landscape contractor N N N N N N
Light manufacturing N N N N N N
Food processing N N N N N N
Interior or exterior storage or
warehousing N N N N N N
Motor vehicle sales N N N N N N
Motor vehicle rental N N N N N N
Motor vehicle repair or painting N N N N N N
Motor vehicle service station N N N N N N
Motor vehicle parking lots or structures N N N N N N
Car wash N N N N N N
Taxi cab business N N N N N N
Bicycle rental or sale N N N N N N
Maritime service station N N N N N N
Yacht/Sailing clubs and marinas N N N N N N
Adult uses N N N N N N
Asphalt/Batching plant N N N N N N
Licensed junkyard N N N N N N
Transfer station N N N N N N
Petroleum product storage or
distribution
facility (i.e. tank farm)
N N N N N N
Utility production/distribution
(does not include WECS) N N N N N N
Mining N N N N N N
Truck/bus terminal N N N N N N
Boat related storage N N N N N N
Preservation of a lot in its natural
condition Y Y Y Y Y Y
Orchards or nurseries Y Y Y Y Y Y
Farms Y Y Y Y Y Y Commercial Industrial Industrial
Page 40
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town
Residential
Districts
Use
R-1
SR-1
ROH
SOH R-5 R-10
SR-10
R-20
SR-20 R-40
Truck gardens Y Y Y Y Y Y
Care and propagation of fish and
shellfish Y Y Y Y Y Y
All agricultural uses allowed by
Ch. 590 of the Acts of 1989,
effective 3-8-1990 (including
greenhouses, truck
gardens, farms, orchards, and
nurseries)
Y Y Y Y Y Y
Cemeteries Y Y Y Y Y Y
Municipal Uses (Any) Y Y Y Y Y Y
Tents Y Y Y Y Y Y
Day-care center Y Y Y Y Y Y
Kennel SP SP SP SP SP SP
Public stable SP SP SP SP SP SP
Employer dormitory SP N SP N SPN SP N SP N SP
N
Swimming Pool – Commercial N N N N N N
Recreational facilities SP SP SP SP SP SP
Club N N N SP SP SP
Other
Page 41
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town
Commercial
Districts
Use
CDT CMI CN CTEC CI RC RC-
2 LC
Primary dwelling A A A Y N Y Y Y
Secondary dwelling Y N N N N Y Y Y
Accessory apartment Y Y Y Y N Y Y Y
Apartment Y Y Y Y N
SP N N N
Garage Apartment Y Y Y Y Y Y Y Y
Duplex Y Y A Y N Y Y Y
Elder housing facilities N SP N N N SP SP SP
Studio Y Y Y Y N
Y Y Y Y
Garage – Residential N N A A N A A N
Shed N N A A A A A N
Outbuildings – other N N A A A A A N
Swimming Pool – Residential A A A A N A A A
Home Occupations Y Y Y Y Y Y Y Y
Greenhouses for personal use Y Y Y Y Y Y Y Y
Keeping of pets and farm animals for
personal use Y Y Y Y Y Y Y Y
Retail sales Y Y Y A A Y Y Y
Convenience store Y Y Y N N Y Y SP
Alcohol sales Y Y SP/A N N Y Y SP
Bakery Y Y Y Y N
SP SP/A SP/A A
Open air market Y Y Y N N Y Y N
Pharmacy Y Y Y N N Y Y SP N
Medical Marijuana Treatment Center N SP SP N SP N N N
Supermarket Y Y SP N N Y Y SP N
Restaurants
Small (up to 70 seats) Y Y SP N N Y Y SP
Large (71-200 seats) SP SP N N N Y Y SP N
Take out food establishment Y Y SP/A N N SP SP N
Drive-through take-out food N N SP N N SP SP N
Tavern/Bar Y Y SP/A N N SP SP N
Formula businesses
Retail (includes: bakery, convenience
store, and pharmacy) N Y Y N N
SP
SP Y/N in
FBED Y SP SP/N in
FBED N
Supermarket Y Y Y N N Y Y N
Restaurant
Small (up to 70 seats) N SP SP N N SPY/N in
FBED
SP
N
SP/N in
FBED N
Large (71-200 seats) N SP N N N SPY/N in
FBED
SP
N
SP/N in
FBED N
Take out food establishment N SP SP N N Y/N in
FBED
SP
N N
Tavern/Bar N SP SP N N Y/N in
FBED
SP
N N
Offices Y Y Y A A Y Y Y SP Residential Business Commercial
Page 42
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town
Commercial
Districts
Use
CDT CMI CN CTEC CI RC RC-
2 LC
Theatres, auditoriums, or other places of
public assembly Y SP SP N N Y Y N
Personal Services Y Y Y A N Y Y SP
Print shop Y Y Y Y N
Y SP SP N
Laundromat or dry-cleaning establishment SP SP SP SP N
SP SP SP N
Bank Y Y Y N N Y Y SP
Automated teller machine Y/A Y/A Y/A N N Y Y SP
Arcade N SP/A SP/A N N A A A
Art gallery Y Y Y N N SP SP SP
Museum Y N SP N N Y Y N
Catering N Y Y Y N
SP SP/A SP/A A
Crematorium N N N N Y A A A
Funeral home Y Y Y N N Y Y Y
Health spa Y Y Y N N Y Y Y N
Medical clinic N SP SP N N Y Y SP N
Hospital N N Y N N N N N
Transient residential facilities
Hotel or inn SP SP SP N N Y N SP
Rooming, lodging, or guest house Y Y Y N N Y N Y
Time-sharing/Interval dwelling units Y Y Y N N Y N Y
Contractor shop N N SP Y Y SP SP N
Lumberyard N N N SP Y N N N
Bulk Merchandise Retail Y Y Y SP Y N N N
Landscape contractor N N SP Y Y SP SP N
Light manufacturing N N A SP/A Y SP SP N
Food processing N N SP SP Y SP SP N
Interior or exterior storage or warehousing N N A SP/A Y SP SP N
Motor vehicle sales N SP SP N SP SP SP N
Motor vehicle rental Y N SP N N
SP SP SP N
Motor vehicle repair or painting N SP SP SP Y SP SP N
Motor vehicle service station N SP SP SP N
SP SP SP N
Motor vehicle parking lots or structures Y Y Y SP N
SP Y Y N
Car wash N SP N N SP SP SP N
Taxi cab business N Y Y Y N SP SP N
Bicycle rental or sale Y N N SP N SP SP N
Maritime service station Y Y Y Y Y Y Y SP N
Yacht/Sailing clubs and marinas Y N N N N
SP Y Y SP N
Adult uses N N N N SP N SP N
Asphalt/Batching plant N N N N Y SP N SP
N N
Licensed junkyard N N N N SP SP N SP
N N
Transfer station N N N N SP N N N
Petroleum product storage or distribution
facility (i.e. tank farm) N N N N Y SP N SP
N N
Utility production/distribution SP SP SP SP Y SP N SP N Commercial Industrial Industrial
Page 43
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town
Commercial
Districts
Use
CDT CMI CN CTEC CI RC RC-
2 LC
(does not include WECS) N
Mining N N N N Y SP N SP
N N
Truck/bus terminal N N N SP Y SP N SP
N N
Boat related storage N N SP Y Y Y Y N
Preservation of a lot in its natural
condition Y Y Y Y Y Y Y Y
Orchards or nurseries Y Y Y Y Y Y Y Y
Farms Y Y Y Y Y Y Y Y
Truck gardens Y Y Y Y Y Y Y Y
Care and propagation of fish and shellfish Y Y Y Y Y Y Y Y
All agricultural uses allowed by
Ch. 590 of the Acts of 1989,
effective 3-8-1990 (Including
greenhouses, truck
gardens, farms, orchards, and nurseries)
Y Y Y Y Y Y Y Y
Cemeteries Y Y Y Y Y Y Y Y N
Municipal Uses (Any) Y Y Y Y Y Y Y Y
Tents Y Y Y Y Y Y Y Y
Day-care center Y Y Y Y SP Y
N Y Y Y
Kennel SP SP SP SP SP SP SP SP N
Public stable SP SP SP SP SP SP SP SP N
Employer dormitory SP
N
SP
N
SP
N SP N SP
N SP N SP
N SP N
Swimming Pool – Commercial N SP/A SP/A A N SP/A SP/A SP/A
Recreational facilities SP SP SP SP SP SP SP SP
Club Y Y Y Y N Y Y Y
Other
Page 44
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Use
Country
Residential
Districts
Country
Commercial
Districts
V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC
Primary dwelling Y Y Y Y Y A A
Secondary dwelling Y Y Y Y Y N N
Accessory apartment Y Y Y Y Y Y Y
Apartment N N N N N N N
Garage Apartment Y Y Y Y Y Y Y
Duplex N N N N N N N
Elder housing facilities SP SP SP SP N N N
Studio A A A A A Y Y
Garage - Residential A/SP A A A/SP A A A
Shed A A A A/SP A A A
Outbuildings – other A A A A/SP A A A
Swimming Pool – Residential A A A A SP A A
Home Occupations Y Y Y Y Y Y Y
Greenhouses for personal use Y Y Y Y Y Y Y
Keeping of pets and farm animals for
personal use Y Y Y Y Y Y Y
Retail sales N N N N N Y A
Convenience store N N N N N SP A
Alcohol sales N N N N N A A
Bakery N N N N N Y A/SP
Open air market N N N N N Y Y
Pharmacy N N N N N N N
Medical Marijuana Treatment Center N N N N N N N
Supermarket N N N N N N N
Restaurants
Small (up to 70 seats) N N N N N SP N
Large (71-200 seats) N N N N N N N
Take out food establishment N N N N N A N
Drive-through take-out food N N N N N N N
Tavern/Bar N N N N N A A
Formula businesses
Retail (includes: bakery, convenience
store, and pharmacy) N N N N N N N
Supermarket N N N N N N N
Restaurant
Small (up to 70 seats) N N N N N N N
Large (71-200 seats) N N N N N N N
Take out food establishment N N N N N N N
Tavern/Bar N N N N N N N
Offices N N N N N Y A
Theatres, auditoriums, or other places of
public assembly N N N N N A A/SP
Personal Services N N N N N Y SP
Print shop N N N N N N N
Laundromat or dry-cleaning establishment N N N N N SP N Business Commercial
Page 45
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Use
Country
Residential
Districts
Country
Commercial
Districts
V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC
Bank N N N N N N N
Automated teller machine N N N N N A A
Arcade N N N N N N N
Art gallery N N N N N Y Y
Museum N N N SP N SP N
Catering N N N N N A A
Crematorium N N N SP N N N
Funeral home N N N N N N N
Health spa N N N N N N N
Medical clinic N N N N N N N
Hospital N N N N N N N
Transient residential facilities
Hotel or inn N N N N N N N
Rooming, lodging, or guest house N N N N N SP N
Time-sharing/Interval dwelling units N N N N N Y N
Contractor shop N N N N N N A
Lumberyard N N N N N N SP
Bulk Merchandise Retail N N N N N SP SP
Landscape contractor N N N N N N SP
Light manufacturing N N N N N SP/A SP/A
Food processing N N N N N N SP
Interior or exterior storage or warehousing N N N N N A SP/A
Motor vehicle sales N N N N N N N
Motor vehicle rental N N N N N N N
Motor vehicle repair or painting N N N N N N N
Motor vehicle service station N N N N N N N
Motor vehicle parking lots or structures N N N N N N N
Car wash N N N N N N N
Taxi cab business N N N N N N N
Bicycle rental or sale N N N N N SP A
Maritime service station N N N N N N SP
Yacht/Sailing clubs and marinas N N N N N N SP
Adult uses N N N N N N N
Asphalt/Batching plant N N N N N N N
Licensed junkyard N N N N N N N
Transfer station N N N N N N N
Petroleum product storage or distribution
facility (i.e. tank farm) N N N N N N N
Utility production/distribution
(does not include WECS) N N N N N N N
Mining N N N N N N N
Truck/bus terminal N N N N N N N
Boat related storage N N N N N N SP
Preservation of a lot in its natural condition Y Y Y Y Y Y Y
Orchards or nurseries Y Y Y Y Y Y Y
Farms Y Y Y Y Y Y Y
Truck gardens Y Y Y Y Y Y Y Commercial Industrial Industrial
Page 46
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Use
Country
Residential
Districts
Country
Commercial
Districts
V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC
Care and propagation of fish and shellfish Y Y Y Y Y Y Y
All agricultural uses allowed by
Ch. 590 of the Acts of 1989,
effective 3-8-1990 (Includes greenhouses,
truck gardens, farms, orchards, and
nurseries)
Y Y Y Y Y Y Y
Cemeteries Y Y Y Y Y Y Y
Municipal Uses (Any) Y Y Y Y Y Y Y
Tents Y Y Y Y Y Y Y
Day-care center Y Y Y Y Y N Y Y N
Kennel SP SP SP SP SP SP SP
Public stable SP SP SP SP SP SP SP
Employer dormitory SP SP SP SP SP N SP SP
Swimming Pool – Commercial A A A A N A A
Recreational facilities SP SP SP SP SP SP SP
Club N SP SP SP N SP SP
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved to amend Chapter 139 (Zoning) of the Code of
the Town of Nantucket as follows (NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not
meant to become part of the final text; and, further, that non-substantive changes to the
numbering of this bylaw be permitted in order that it be in compliance with the
numbering format of the Code of the Town of Nantucket):
1. To delete section 12C, Neighborhood Employee Housing Overlay District, and
section 12J, Multi-Family Overlay District, in their entirety.
2. To amend section 2 as follows:
APARTMENT
A dwelling unit located on the second or third floor or in the basement of a
commercial structure. A maximum of four apartments per lot are allowed in the
following districts:
[Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009]
(1) CDT — one dwelling unit is permitted for each 1,000 square feet of lot
area.
(2) CMI — one dwelling unit is permitted for each 2,000 square feet of lot area.
(3) CN — one dwelling unit is permitted for each 3,000 square feet of lot area. Other
Page 47
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
(4) CTEC – one dwelling unit is permitted for each 4,000 square feet of lot
area.
(5) CI – one dwelling unit is permitted for each 5,000 square feet of lot area.
BULK MERCHANDISE RETAIL
The sale of goods that require a large amount of floor space and which
involves goods both warehoused and retailed at the same location. Items for
sale include large, categorized products such as household appliances,
furniture, construction and lawn equipment, electrical and heating fixtures and
supplies, plumbing fixtures and supplies.
EMPLOYER DORMITORY
A dwelling on a lot occupied by a legally permitted or nonconforming
commercial or nonprofit recreational use, or on an adjoining lot under the
same ownership, all located outside of the NEHOD TOD in which sleeping
accommodations for more than five persons are provided by one or more
employers, with occupancy limited solely to their employees.
GARAGE
A building for covered shelter of one or more motor vehicles. A garage
shall be accessory to a residential use, or for vehicle parking at grade, or
for commercial storage, repair, washing, painting or other servicing of
motor vehicles. The Planning Board shall be the special permit granting
authority for residential garages serving as a primary use on a lot.
LUMBERYARD
A facility where building materials such as lumber, plywood, drywall, cement
blocks, roofing materials, insulation, and the like, including related products
such as wallpaper, plumbing and electrical supplies, paint, glass, and
hardware, are stored and sold.
MEDICAL MARIJUANA TREATMENT CENTER
An establishment containing a not-for-profit entity, as defined by
Massachusetts law only, registered by the Department of Public Health,
that acquires, cultivates, possesses, processes (including development
of related products such as food, tinctures, aerosols, oils or ointments),
transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or
educational materials to qualifying patients or their personal caregivers.
The Planning Board shall be the special permit granting authority for
any medical marijuana treatment center.
MULTI-FAMILY DWELLING
A building(s), structure(s) or area(s) within a building(s) or structure(s) that
contains three or four dwelling units on a lot subject to conditions set forth in
§ 139-12.
Page 48
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
NEIGHBORHOOD EMPLOYEE HOUSING OVERLAY DISTRICT
An overlay district in which housing is provided for six to nine employees in a
dwelling unit, together with spouses, domestic partners, and dependents with
the total occupancy on the number of persons in a building not to exceed 18
persons per lot, in accordance with § 139-12C. Housing for the exclusive use
of employers who own or lease space on a lot, for the purpose of housing their
employees, their spouses, domestic partners and dependents. A maximum of
two (2) dwelling units shall be permitted per lot with occupancy limited to a
total of eighteen (18) persons. In the R-1, ROH, R-5, R-10, R-20, and R-40
districts only, there shall be no more than two (2) lots containing neighborhood
employee housing or employer dormitory units (conforming or preexisting
nonconforming), within a 1,000 foot radius. The Planning Board shall be the
special permit granting authority. Site plan review in accordance with §139-23
and the submission of a dormitory management plan shall be required.
OUTBUILDING(S)
Detached accessory residential structure(s) such as a cabana, barn, hoop
barn, shanty, greenhouse, gazebo, playhouse, fitness studio, home office, but
not including dwelling units or structures used for habitation, studios, or sheds.
SHED
An accessory structure for storage purposes, not designed to be served by
heat or plumbing and not to be used for habitation.
3. To amend section 3F as follows:
F. Overlay districts.
District Abbreviation
Public Wellhead Recharge PWR
Flood Hazard
Mid-Island Planned
FHD
MIPOD
Multifamily MF
Neighborhood Employee Housing NEHOD
Country COD
Town TOD
Formula Business Exclusion FBED
Page 49
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
District Abbreviation
Harbor
Village Height
HOD
VHOD
4. To amend section 4 as follows:
C. … The Multi-Family Overlay District is located and bounded as shown on a
map entitled "Multi-Family Overlay Districts," dated March 13, 2000, prepared
by the Nantucket G.I.S. Department as amended to add the area shown as
being located in the Multi-Family Overlay District on a map entitled "MFOD-
Expansion" dated October, 2001 and February 2002. The districts shown on
said map shall be considered overlay districts to be superimposed on the
aforementioned Zoning Map of Nantucket, Massachusetts. Copies of the map
shall be on file with the Town Clerk, the Building Commissioner, and the
Planning Board upon adoption.
and
E. The NEHOD shall be coterminous with the Town Overlay District (§ 139-
12E) and Country Overlay District (§ 139-12F) as is shown on a map entitled
"Town and Country Designations" as may be amended from time to time.
5. To amend section 7A, Use Chart, as follows(NOTE: in this section only, new
language is shown in italic, language to be deleted is shown by strikeout; these
methods to denote changes are not meant to become part of the final text)
Page 50
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town
Residential
Districts
Use
R-1
SR-1
ROH
SOH R-5 R-10
SR-10
R-20
SR-20 R-40
Primary dwelling Y Y Y Y Y Y
Secondary dwelling Y Y Y Y Y Y
Accessory apartment Y Y Y Y Y Y
Apartment N N N N N N
Garage Apartment Y Y Y Y Y Y
Duplex Y R-1 N SR-1 N Y Y R-10
N SR-10 N N
Elder housing facilities SP SP SP SP SP SP
Studio A A A A A A
Garage – Residential A/SP A/SP A/SP A/SP A/SP A/SP
Shed A A A A A A
Outbuildings – other A A Y Y A A
Swimming Pool – Residential A N A A A A
Home Occupations Y Y Y Y Y Y
Greenhouses for personal use Y Y Y Y Y Y
Keeping of pets and farm animals
for
personal use
Y Y Y Y Y Y
Retail sales N N N N N N
Convenience store N N N N N N
Alcohol sales N N N N N N
Bakery N N N N N N
Open air market N N N N N N
Pharmacy N N N N N N
Medical Marijuana Treatment
Center N N N N N N
Supermarket N N N N N N
Restaurants
Small (up to 70 seats) N N N N N N
Large (71-200 seats) N N N N N N
Take out food establishment N N N N N N
Drive-through take-out food N N N N N N
Tavern/Bar N N N N N N
Formula businesses
Retail (Includes: bakery,
convenience store, and
pharmacy)
N N N N N N
Supermarket N N N N N N
Restaurant
Small (up to 70 seats) N N N N N N
Large (71-200 seats) N N N N N N
Take out food establishment N N N N N N
Tavern/Bar N N N N N N
Offices N N N N N N
Theatres, auditoriums, or other places of public assembly N N N N N N
Personal Services SP SP SP SP SP SP Residential Business Commercial
Page 51
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town
Residential
Districts
Use
R-1
SR-1
ROH
SOH R-5 R-10
SR-10
R-20
SR-20 R-40
Print shop N N N N N N
Laundromat or dry-cleaning
establishment N N N N N N
Bank N N N N N N
Automated teller machine N N N N N N
Arcade N N N N N N
Art gallery N N N N N N
Museum N N N N N N
Catering N N N N N N
Crematorium N N N N N N
Funeral home SP SP SP SP N N
Health spa N N N N N N
Medical clinic N N N N N N
Hospital N N N N N N
Transient residential facilities
Hotel or inn N N N N N N
Rooming, lodging, or guest
house N N N N N N
Time-sharing/Interval dwelling
units N N N N N N
Contractor shop N N N N N N
Lumberyard N N N N N N
Bulk Merchandise Retail N N N N N N
Landscape contractor N N N N N N
Light manufacturing N N N N N N
Food processing N N N N N N
Interior or exterior storage or
warehousing N N N N N N
Motor vehicle sales N N N N N N
Motor vehicle rental N N N N N N
Motor vehicle repair or painting N N N N N N
Motor vehicle service station N N N N N N
Motor vehicle parking lots or
structures N N N N N N
Car wash N N N N N N
Taxi cab business N N N N N N
Bicycle rental or sale N N N N N N
Maritime service station N N N N N N
Yacht/Sailing clubs and marinas N N N N N N
Adult uses N N N N N N
Asphalt/Batching plant N N N N N N
Licensed junkyard N N N N N N
Transfer station N N N N N N
Petroleum product storage or
distribution
facility (i.e. tank farm)
N N N N N N
Utility production/distribution
(does not include WECS) N N N N N N
Mining N N N N N N
Truck/bus terminal N N N N N N
Boat related storage N N N N N N
Preservation of a lot in its natural Y Y Y Y Y Y Commercial Industrial Industrial
Page 52
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town
Residential
Districts
Use
R-1
SR-1
ROH
SOH R-5 R-10
SR-10
R-20
SR-20 R-40
condition
Orchards or nurseries Y Y Y Y Y Y
Farms Y Y Y Y Y Y
Truck gardens Y Y Y Y Y Y
Care and propagation of fish and
shellfish Y Y Y Y Y Y
All agricultural uses allowed by
Ch. 590 of the Acts of 1989,
effective 3-8-1990 (Including
keeping of farm animals,
greenhouses, truck
gardens, farms, orchards, and
nurseries)
Y Y Y Y Y Y
Cemeteries Y Y Y Y Y Y
Municipal Uses (Any) Y Y Y Y Y Y
Tents Y Y Y Y Y Y
Day-care center Y Y Y Y Y Y
Kennel SP SP SP SP SP SP
Public stable SP SP SP SP SP SP
Employer dormitory SP N SP N SPN SP N SP N SP N
Neighborhood employee housing SP SP SP SP SP SP
Swimming Pool – Commercial N N N N N N
Recreational facilities SP SP SP SP SP SP
Club N N N SP SP SP
Other
Page 53
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town
Commercial
Districts
Use
CDT CMI CN CTEC CI RC RC-2 LC
Primary dwelling A A A Y N Y Y Y
Secondary dwelling Y N N N N Y Y Y
Accessory apartment Y Y Y Y N Y Y Y
Apartment Y Y Y Y N
SP N N N
Garage Apartment Y Y Y Y Y Y Y Y
Duplex Y Y A Y N Y Y Y
Elder housing facilities N SP N N N SP SP SP
Studio Y Y Y Y N
Y Y Y Y
Garage – Residential N N A A N A A N
Shed N N A A A A A N
Outbuildings – other N N A A A A A N
Swimming Pool – Residential A A A A N A A A
Home Occupations Y Y Y Y Y Y Y Y
Greenhouses for personal use Y Y Y Y Y Y Y Y
Keeping of pets and farm animals for
personal use Y Y Y Y Y Y Y Y
Retail sales Y Y Y A A Y Y Y
Convenience store Y Y Y N N Y Y SP
Alcohol sales Y Y SP/A N N Y Y SP
Bakery Y Y Y Y N
SP SP/A SP/A A
Open air market Y Y Y N N Y Y N
Pharmacy Y Y Y N N Y Y SP N
Medical Marijuana Treatment Center N N SP N SP N N N
Supermarket Y Y SP N N Y Y SP N
Restaurants
Small (up to 70 seats) Y Y SP N N Y Y SP
Large (71-200 seats) SP SP N N N Y Y SP N
Take out food establishment Y Y SP/A N N SP SP N
Drive-through take-out food N N SP N N SP SP N
Tavern/Bar Y Y SP/A N N SP SP N
Formula businesses
Retail (includes: bakery,
convenience
store, and pharmacy)
N Y Y N N
SP
SP Y/N in
FBED Y SP SP/N in
FBED N
Supermarket Y Y Y N N Y Y N
Restaurant
Small (up to 70 seats) N SP SP N N SPY/N in
FBED SP N SP/N in
FBED N
Large (71-200 seats) N SP N N N SPY/N in
FBED SP N SP/N in
FBED N
Take out food establishment N SP SP N N Y/N in
FBED SP N N
Tavern/Bar N SP SP N N Y/N in
FBED SP N N Residential Business Commercial
Page 54
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town
Commercial
Districts
Use
CDT CMI CN CTEC CI RC RC-2 LC
Offices Y Y Y A A
Y Y Y SP
Theatres, auditoriums, or other places
of
public assembly
Y SP SP N N Y Y N
Personal Services Y Y Y A N Y Y SP
Print shop Y Y Y Y N
Y SP SP N
Laundromat or dry-cleaning
establishment SP SP SP SP N
SP SP SP N
Bank Y Y Y N N Y Y SP
Automated teller machine Y/A Y/A Y/A N N Y Y SP
Arcade N SP/A SP/A N N A A A
Art gallery Y Y Y N N SP SP SP
Museum Y N SP N N Y Y N
Catering N Y Y Y N
SP SP/A SP/A A
Crematorium N N N N Y A A A
Funeral home Y Y Y N N Y Y Y
Health spa Y Y Y N N Y Y Y N
Medical clinic N SP SP N N Y Y SP N
Hospital N N Y N N N N N
Transient residential facilities
Hotel or inn SP SP SP N N Y N SP
Rooming, lodging, or guest house Y Y Y N N Y N Y
Time-sharing/Interval dwelling
units Y Y Y N N Y N Y
Contractor shop N N SP Y Y SP SP N
Lumberyard N N N SP Y N N N
Bulk Merchandise Retail Y Y Y SP Y N N N
Landscape contractor N N SP Y Y SP SP N
Light manufacturing N N A SP/A Y SP SP N
Food processing N N SP SP Y SP SP N
Interior or exterior storage or
warehousing N N A SP/A Y SP SP N
Motor vehicle sales N SP SP N SP SP SP N
Motor vehicle rental Y N SP N N
SP SP SP N
Motor vehicle repair or painting N SP SP SP Y SP SP N
Motor vehicle service station N SP SP SP N SP SP SP N
Motor vehicle parking lots or
structures Y Y Y SP N
SP Y Y N
Car wash N SP N N SP SP SP N
Taxi cab business N Y Y Y N SP SP N
Bicycle rental or sale Y N N SP N SP SP N
Maritime service station Y Y Y Y Y Y Y SP N
Yacht/Sailing clubs and marinas Y N N N N
SP Y Y SP N
Adult uses N N N N SP N SP N
Asphalt/Batching plant N N N N Y SP N SP N N
Licensed junkyard N N N N SP SP N SP N N
Transfer station N N N N SP N N N Commercial Industrial Industrial
Page 55
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Town
Commercial
Districts
Use
CDT CMI CN CTEC CI RC RC-2 LC
Petroleum product storage or
distribution
facility (i.e. tank farm)
N N N N Y SP N SP N N
Utility production/distribution
(does not include WECS) SP SP SP SP Y SP N SP N N
Mining N N N N Y SP N SP N N
Truck/bus terminal N N N SP Y SP N SP N N
Boat related storage N N SP Y Y Y Y N
Preservation of a lot in its natural
condition Y Y Y Y Y Y Y Y
Orchards or nurseries Y Y Y Y Y Y Y Y
Farms Y Y Y Y Y Y Y Y
Truck gardens Y Y Y Y Y Y Y Y
Care and propagation of fish and
shellfish Y Y Y Y Y Y Y Y
All agricultural uses allowed by
Ch. 590 of the Acts of 1989,
effective 3-8-1990 (Including keeping
of farm animals,
greenhouses, truck
gardens, farms, orchards, and
nurseries)
Y Y Y Y Y Y Y Y
Cemeteries Y Y Y Y Y Y Y Y N
Municipal Uses (Any) Y Y Y Y Y Y Y Y
Tents Y Y Y Y Y Y Y Y
Day-care center Y Y Y Y Y Y Y Y
Kennel SP SP SP SP SP SP SP SP N
Public stable SP SP SP SP SP SP SP SP N
Employer dormitory SP
N
SP
N SP N SP N SP
N SP N SP N SP N
Neighborhood employee housing SP SP SP SP SP SP SP SP
Swimming Pool – Commercial N SP/A SP/A A N SP/A SP/A SP/A
Recreational facilities SP SP SP SP SP SP SP SP
Club Y Y Y Y N Y Y Y
Other
Page 56
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Use
Country
Residential
Districts
Country
Commercial
Districts
V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC
Primary dwelling Y Y Y Y Y A A
Secondary dwelling Y Y Y Y Y N N
Accessory apartment Y Y Y Y Y Y Y
Apartment N N N N N N N
Garage Apartment Y Y Y Y Y Y Y
Duplex N N N N N N N
Elder housing facilities SP SP SP SP N N N
Studio A A A A A Y Y
Garage - Residential A/SP A A A/SP A A A
Shed A A A A/SP A A A
Outbuildings – other A A A A/SP A A A
Swimming Pool – Residential A A A A SP A A
Home Occupations Y Y Y Y Y Y Y
Greenhouses for personal use Y Y Y Y Y Y Y
Keeping of pets and farm animals for
personal use Y Y Y Y Y Y Y
Retail sales N N N N N Y A
Convenience store N N N N N SP A
Alcohol sales N N N N N A A
Bakery N N N N N Y A/SP
Open air market N N N N N Y Y
Pharmacy N N N N N N N
Medical Marijuana Treatment Center N N N N N N N
Supermarket N N N N N N N
Restaurants
Small (up to 70 seats) N N N N N SP N
Large (71-200 seats) N N N N N N N
Take out food establishment N N N N N A N
Drive-through take-out food N N N N N N N
Tavern/Bar N N N N N A A
Formula businesses
Retail (includes: bakery,
convenience
store, and pharmacy)
N N N N N N N
Supermarket N N N N N N N
Restaurant
Small (up to 70 seats) N N N N N N N
Large (71-200 seats) N N N N N N N
Take out food establishment N N N N N N N
Tavern/Bar N N N N N N N
Offices N N N N N Y A
Theatres, auditoriums, or other places
of
public assembly
N N N N N A A/SP
Personal Services N N N N N Y SP
Print shop N N N N N N N Business Commercial
Page 57
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Use
Country
Residential
Districts
Country
Commercial
Districts
V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC
Laundromat or dry-cleaning
establishment N N N N N SP N
Bank N N N N N N N
Automated teller machine N N N N N A A
Arcade N N N N N N N
Art gallery N N N N N Y Y
Museum N N N SP N SP N
Catering N N N N N A A
Crematorium N N N SP N N N
Funeral home N N N N N N N
Health spa N N N N N N N
Medical clinic N N N N N N N
Hospital N N N N N N N
Transient residential facilities
Hotel or inn N N N N N N N
Rooming, lodging, or guest house N N N N N SP N
Time-sharing/Interval dwelling units N N N N N Y N
Contractor shop N N N N N N A
Lumberyard N N N N N N SP
Bulk Merchandise Retail N N N N N SP SP
Landscape contractor N N N N N N SP
Light manufacturing N N N N N SP/A SP/A
Food processing N N N N N N SP
Interior or exterior storage or
warehousing N N N N N A SP/A
Motor vehicle sales N N N N N N N
Motor vehicle rental N N N N N N N
Motor vehicle repair or painting N N N N N N N
Motor vehicle service station N N N N N N N
Motor vehicle parking lots or structures N N N N N N N
Car wash N N N N N N N
Taxi cab business N N N N N N N
Bicycle rental or sale N N N N N SP A
Maritime service station N N N N N N SP
Yacht/Sailing clubs and marinas N N N N N N SP
Adult uses N N N N N N N
Asphalt/Batching plant N N N N N N N
Licensed junkyard N N N N N N N
Transfer station N N N N N N N
Petroleum product storage or
distribution
facility (i.e. tank farm)
N N N N N N N
Utility production/distribution
(does not include WECS) N N N N N N N
Mining N N N N N N N
Truck/bus terminal N N N N N N N
Boat related storage N N N N N N SP
Preservation of a lot in its natural
condition Y Y Y Y Y Y Y Commercial Industrial Industrial
Page 58
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Use
Country
Residential
Districts
Country
Commercial
Districts
V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC
Orchards or nurseries Y Y Y Y Y Y Y
Farms Y Y Y Y Y Y Y
Truck gardens Y Y Y Y Y Y Y
Care and propagation of fish and
shellfish Y Y Y Y Y Y Y
All agricultural uses allowed by
Ch. 590 of the Acts of 1989,
effective 3-8-1990 (Including keeping of
farm animals, greenhouses,
truck gardens, farms, orchards, and
nurseries)
Y Y Y Y Y Y Y
Cemeteries Y Y Y Y Y Y Y
Municipal Uses (Any) Y Y Y Y Y Y Y
Tents Y Y Y Y Y Y Y
Day-care center Y Y Y Y Y Y Y
Kennel SP SP SP SP SP SP SP
Public stable SP SP SP SP SP SP SP
Employer dormitory SP SP SP SP SP N SP SP
Neighborhood employee housing N N N N N N N
Swimming Pool – Commercial A A A A N A A
Recreational facilities SP SP SP SP SP SP SP
Club N SP SP SP N SP SP
Quantum of vote required for passage of the motion 2/3.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
ARTICLE 31
(Zoning Bylaw Amendment: Formula Business – Definition Modification)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket, section 2, as follows (NOTE: new language is shown as highlighted
text, language to be deleted is shown by strikeout; these methods to denote changes
are not meant to become part of the final text; 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):
FORMULA BUSINESS
A type of retail sales establishment, restaurant, tavern, bar, or take-out food
establishment which is under common ownership or control or is a franchise,
and is one of 14 10 or more other businesses or establishments worldwide
maintaining three two or more of the following features:
(1) Standardized menu or standardized array of merchandise with 50% or
more of in-stock merchandise from a single distributor bearing uniform
markings. Other
Page 59
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
(2) Trademark or service mark, defined as a word, phrase, symbol or design,
or a combination or words, phrases, symbols ofr designs that identifies and
distinguishes the source of the goods from one party from those of others, on
products or as part of store design, such as cups, napkins, bags, boxes,
wrappers, straws, store signs or advertising devices.
(3) Standardized color scheme used throughout the interior or exterior of the
establishment, including, but not limited to, graphics, awnings, signage, and
the like visible from the exterior of the structure.
(4) Standardized interior décor including, but not limited to style of furniture,
wall coverings, permanent fixtures, displays, window treatments
(45) Standardized uniform including but not limited to aprons, pants, shirts,
smocks or dresses, hat, and pins (other than name tags).
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved to amend Chapter 139 (Zoning), section 2 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):
FORMULA BUSINESS
A type of retail sales establishment, restaurant, tavern, bar, or take-out food
establishment which is under common ownership or control or is a franchise,
and is one of 14 10 or more other businesses or establishments worldwide
maintaining three two or more of the following features:
(1) Standardized menu or standardized array of merchandise with 50% or
more of in-stock merchandise from a single distributor bearing uniform
markings.
(2) Trademark or service mark, defined as a word, phrase, symbol or design,
or a combination or words, phrases, symbols ofr designs that identifies and
distinguishes the source of the goods from one party from those of others, on
products or as part of store design, such as cups, napkins, bags, boxes,
wrappers, straws, store signs or advertising devices.
(3) Standardized color scheme used throughout the interior or exterior of the
establishment, including, but not limited to, graphics, awnings, signage, and
the like visible from the exterior of the structure.
Page 60
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
(4) Standardized interior décor including, but not limited to style of furniture,
wall coverings, permanent fixtures, displays, window treatments
(45) Standardized uniform including but not limited to aprons, pants, shirts,
smocks or dresses, hat, and pins (other than name tags).
PLANNING BOARD COMMENT: Adoption of this article will strengthen the existing
regulations that protect the historic character of a defined portion of downtown from the
establishment of formula businesses as defined in the Zoning Bylaw.
Quantum of vote required for passage of the motion 2/3.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
ARTICLE 32
(Zoning Map Change: Brant Point Area Plan Implementation –
LC to CN and R-5 and RC to R-10)
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 Neighborhood (CN) district:
MAP LOT NUMBER STREET
29 130 30 N BEACH STREET
2. By placing the following properties currently located in the Limited Commercial
(LC) district in the Residential 5 (R-5) district:
MAP LOT NUMBER STREET
42.4.1 103 18 N BEACH STREET
42.4.1 104 20 N BEACH STREET
42.4.4 18 5 NORTH AVENUE
42.4.4 58 9 NORTH AVENUE
42.4.1 113 6 DOLPHIN COURT
42.4.1 37 5 DOLPHIN COURT
42.4.1 112 3 DOLPHIN COURT
42.4.1 38.1 1 DOLPHIN COURT
42.4.4 16 11 NORTH AVENUE
42.4.1 100 12 N BEACH STREET
42.4.1 101 14 N BEACH STREET
42.4.1 102 16 N BEACH STREET
42.4.4 80 22 N BEACH STREET
42.4.4 81 24 N BEACH STREET
Page 61
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
42.4.4 15 26 N BEACH STREET
42.4.4 10 5 SYLVIA LANE
42.4.4 11 3 SYLVIA LANE
42.4.4 12 1 SYLVIA LANE
29 131 38 N BEACH STREET
29 131.1 40 N BEACH STREET
29 132 42 N BEACH STREET
29 133 50 N BEACH STREET
29 135 52 N BEACH STREET
29 135.1 54A N BEACH STREET
29 134 54B N BEACH STREET
29 90 (a portion of) 9 CABOT LANE
42.4.4 17 3 NORTH AVENUE
Note: Not Included in Brant Point Area Plan
3. By placing the following property currently located in the Residential Commercial
(RC) district in the Residential 10 (R-10) district:
MAP LOT NUMBER STREET
29 4 75 HULBERT AVENUE
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 32 Brant
Point Area Plan Implementation” dated January 2013 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 to amend the Zoning Map of the Town of
Nantucket by taking the following actions (NOTE: parcels to be deleted from the article
as originally proposed are shown by strikeout):
1. By placing the following properties currently located in the Limited Commercial
(LC) district in the Commercial Neighborhood (CN) district:
MAP LOT NUMBER STREET
29 130 30 N BEACH STREET
2. By placing the following properties currently located in the Limited Commercial
(LC) district in the Residential 5 (R-5) district:
MAP LOT NUMBER STREET
42.4.1 103 18 N BEACH STREET
42.4.1 104 20 N BEACH STREET
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
42.4.4 18 5 NORTH AVENUE
42.4.4 58 9 NORTH AVENUE
42.4.1 113 6 DOLPHIN COURT
42.4.1 37 5 DOLPHIN COURT
42.4.1 112 3 DOLPHIN COURT
42.4.1 38.1 1 DOLPHIN COURT
42.4.4 16 11 NORTH AVENUE
42.4.1 100 12 N BEACH STREET
42.4.1 101 14 N BEACH STREET
42.4.1 102 16 N BEACH STREET
42.4.4 80 22 N BEACH STREET
42.4.4 81 24 N BEACH STREET
42.4.4 15 26 N BEACH STREET
42.4.4 10 5 SYLVIA LANE
42.4.4 11 3 SYLVIA LANE
42.4.4 12 1 SYLVIA LANE
29 131 38 N BEACH STREET
29 131.1 40 N BEACH STREET
29 132 42 N BEACH STREET
29 133 50 N BEACH STREET
29 135 52 N BEACH STREET
29 135.1 54A N BEACH STREET
29 134 54B N BEACH STREET
29 90 (a portion of) 9 CABOT LANE
42.4.4 17 3 NORTH AVENUE
Note: Not Included in Brant Point Area Plan
3. By placing the following property currently located in the Residential Commercial
(RC) district in the Residential 10 (R-10) district:
MAP LOT NUMBER STREET
29 4 75 HULBERT AVENUE
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 32 Brant
Point Area Plan Implementation” dated January 2013 and filed herewith at the Office of
the Town Clerk.
Quantum of vote required for passage of the motion 2/3.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
Page 63
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 33
(Zoning Map Change: Holdgate Property – Old South Road RC-2 to CN)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following property currently located in the Residential Commercial 2 (RC-
2) district in the Commercial Neighborhood (CN) district:
Map Lot Number Street
68 10 40 Old South Road
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 33 Holdgate
Property – Old South Road” dated January 2013 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 to amend the Zoning Map of the Town of
Nantucket by placing the following property currently located in the Residential
Commercial 2 (RC-2) district in the Commercial Neighborhood (CN) district:
Map Lot Number Street
68 10 40 Old South Road
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 33 Holdgate
Property – Old South Road” dated January 2013 and filed herewith at the Office of the
Town Clerk.
Quantum of vote required for passage of the motion 2/3.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
ARTICLE 34
(Zoning Bylaw Amendment: Town and Country Overlay District Boundary Adjustments:
Vicinity of Hummock Pond Road, Dukes Road, Crooked Lane and Madaket Road)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket as follows (NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not
meant to become part of the final text; and, further, that non-substantive changes to the
numbering of this bylaw be permitted in order that it be in compliance with the
numbering format of the Code of the Town of Nantucket):
1. By amending section 4E by removing the following properties from the Country
Overlay District and adding them to the Town Overlay District:
MAP LOT NUMBER STREET
56 311 77 HUMMOCK POND ROAD
Page 64
Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
56 67.3 99 HUMMOCK POND ROAD
56 308 97 HUMMOCK POND ROAD
56 118 91 HUMMOCK POND ROAD
56 120 89 HUMMOCK POND ROAD
56 310.2 83 HUMMOCK POND ROAD
56 121 81 HUMMOCK POND ROAD
56 309 95 HUMMOCK POND ROAD
56 310.1 87 HUMMOCK POND ROAD
56 122 79 HUMMOCK POND ROAD
56 251 89 VESTAL STREET
56 187 34 DUKES ROAD
56 190 28 DUKES ROAD
56 466 63 HUMMOCK POND ROAD
56 71 65 HUMMOCK POND ROAD
56 217 61 HUMMOCK POND ROAD
56 3 59 HUMMOCK POND ROAD
56 4 55 HUMMOCK POND ROAD
56 5 49 HUMMOCK POND ROAD
56 214 39 HUMMOCK POND ROAD
56 211 75 MILK STREET
56 245 50 DUKES ROAD
56 246 48 DUKES ROAD
56 247 46 DUKES ROAD
56 248 44 DUKES ROAD
56 249 42 DUKES ROAD
56 250.1 38 DUKES ROAD
56 473 77 VESTAL STREET
56 210 73 MILK STREET
56 462 75 VESTAL STREET
56 210.1 71 MILK STREET
56 195.3 56 VESTAL STREET
56 189 30 DUKES ROAD
56 188 32 DUKES ROAD
56 194.1 69 MILK STREET
56 327 41 DUKES ROAD
56 328 39 DUKES ROAD
56 329 37 DUKES ROAD
56 194 67 MILK STREET
56 192 73 VESTAL STREET
56 195.1 60 VESTAL STREET
56 195.2 58 VESTAL STREET
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
56 467 71 VESTAL STREET
56 435 69 VESTAL STREET
41 56.1 52 VESTAL STREET
41 56 50 VESTAL STREET
41 55 48 VESTAL STREET
41 188 4 DUKES ROAD
41 314 4 TULIP LANE
41 531 51 CROOKED LANE
41 201.3 43 CROOKED LANE
41 201.2 57 MADAKET ROAD
41 201 61 MADAKET ROAD
41 608 67- VESTAL STREET
41 54 44 VESTAL STREET
41 62 18 DUKES ROAD
41 59 67 VESTAL STREET
41 61 16 DUKES ROAD
41 530.1 27 DUKES ROAD
41 58.1 63 VESTAL STREET
41 59.1 65 VESTAL STREET
41 60 14 DUKES ROAD
41 530.3 25 DUKES ROAD
41 58.2 61 VESTAL STREET
41 197 23 DUKES ROAD
41 192 12 DUKES ROAD
41 57 57 VESTAL STREET
41 196 21 DUKES ROAD
41 191 10 DUKES ROAD
41 195 19 DUKES ROAD
41 190 8 DUKES ROAD
41 198 60 CROOKED LANE
41 189 6 DUKES ROAD
41 313 17 DUKES ROAD
41 187 2 DUKES ROAD
41 587 46 MADAKET ROAD
41 586 48 MADAKET ROAD
41 585 50 MADAKET ROAD
41 584 52 MADAKET ROAD
41 583 54 MADAKET ROAD
41 582 56 MADAKET ROAD
41 200 62 MADAKET ROAD
41 200.4 64 MADAKET ROAD
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
41 200.3 66 MADAKET ROAD
41 200.2 68 MADAKET ROAD
41 462.3 70 MADAKET ROAD
41 462.8 72 MADAKET ROAD
41 202 41 CROOKED LANE
41 203.2 35 CROOKED LANE
41 203.1 33 CROOKED LANE
41 203 31 CROOKED LANE
41 204 29 CROOKED LANE
41 73 154 CLIFF ROAD
41 79 9 CROOKED LANE
41 80 7 CROOKED LANE
41 470 5 CROOKED LANE
41 80.1 7A CROOKED LANE
41 69 166 CLIFF ROAD
41 837 164 CLIFF ROAD
41 70 162 CLIFF ROAD
41 74 150 CLIFF ROAD
41 74.1 152 CLIFF ROAD
41 836 154 CLIFF ROAD
41 71 158 CLIFF ROAD
41 75.1 148 CLIFF ROAD
41 75 146 CLIFF ROAD
41 76 144 CLIFF ROAD
41 78 142 CLIFF ROAD
41 575 140 CLIFF ROAD
41 81 1 CROOKED LANE
41 72 11R CROOKED LANE
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 34 Overlay
Change” dated January 2013 and filed herewith at the Office of the Town Clerk.
2. By deleting section E(1) its entirety.
3. By deleting section F(1) in its entirety.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved to amend Chapter 139 (Zoning) of the Code of
the Town of Nantucket as follows (NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not
meant to become part of the final text; and, further, that non-substantive changes to the
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
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. By amending section 4E by removing the following properties from the Country
Overlay District and adding them to the Town Overlay District:
MAP LOT NUMBER STREET
56 311 77 HUMMOCK POND ROAD
56 67.3 99 HUMMOCK POND ROAD
56 308 97 HUMMOCK POND ROAD
56 118 91 HUMMOCK POND ROAD
56 120 89 HUMMOCK POND ROAD
56 310.2 83 HUMMOCK POND ROAD
56 121 81 HUMMOCK POND ROAD
56 309 95 HUMMOCK POND ROAD
56 310.1 87 HUMMOCK POND ROAD
56 122 79 HUMMOCK POND ROAD
56 251 89 VESTAL STREET
56 187 34 DUKES ROAD
56 190 28 DUKES ROAD
56 466 63 HUMMOCK POND ROAD
56 71 65 HUMMOCK POND ROAD
56 217 61 HUMMOCK POND ROAD
56 3 59 HUMMOCK POND ROAD
56 4 55 HUMMOCK POND ROAD
56 5 49 HUMMOCK POND ROAD
56 214 39 HUMMOCK POND ROAD
56 211 75 MILK STREET
56 245 50 DUKES ROAD
56 246 48 DUKES ROAD
56 247 46 DUKES ROAD
56 248 44 DUKES ROAD
56 249 42 DUKES ROAD
56 250.1 38 DUKES ROAD
56 473 77 VESTAL STREET
56 210 73 MILK STREET
56 462 75 VESTAL STREET
56 210.1 71 MILK STREET
56 195.3 56 VESTAL STREET
56 189 30 DUKES ROAD
56 188 32 DUKES ROAD
56 194.1 69 MILK STREET
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
56 327 41 DUKES ROAD
56 328 39 DUKES ROAD
56 329 37 DUKES ROAD
56 194 67 MILK STREET
56 192 73 VESTAL STREET
56 195.1 60 VESTAL STREET
56 195.2 58 VESTAL STREET
56 467 71 VESTAL STREET
56 435 69 VESTAL STREET
41 56.1 52 VESTAL STREET
41 56 50 VESTAL STREET
41 55 48 VESTAL STREET
41 188 4 DUKES ROAD
41 314 4 TULIP LANE
41 531 51 CROOKED LANE
41 201.3 43 CROOKED LANE
41 201.2 57 MADAKET ROAD
41 201 61 MADAKET ROAD
41 608 67- VESTAL STREET
41 54 44 VESTAL STREET
41 62 18 DUKES ROAD
41 59 67 VESTAL STREET
41 61 16 DUKES ROAD
41 530.1 27 DUKES ROAD
41 58.1 63 VESTAL STREET
41 59.1 65 VESTAL STREET
41 60 14 DUKES ROAD
41 530.3 25 DUKES ROAD
41 58.2 61 VESTAL STREET
41 197 23 DUKES ROAD
41 192 12 DUKES ROAD
41 57 57 VESTAL STREET
41 196 21 DUKES ROAD
41 191 10 DUKES ROAD
41 195 19 DUKES ROAD
41 190 8 DUKES ROAD
41 198 60 CROOKED LANE
41 189 6 DUKES ROAD
41 313 17 DUKES ROAD
41 187 2 DUKES ROAD
41 587 46 MADAKET ROAD
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
41 586 48 MADAKET ROAD
41 585 50 MADAKET ROAD
41 584 52 MADAKET ROAD
41 583 54 MADAKET ROAD
41 582 56 MADAKET ROAD
41 200 62 MADAKET ROAD
41 200.4 64 MADAKET ROAD
41 200.3 66 MADAKET ROAD
41 200.2 68 MADAKET ROAD
41 462.3 70 MADAKET ROAD
41 462.8 72 MADAKET ROAD
41 202 41 CROOKED LANE
41 203.2 35 CROOKED LANE
41 203.1 33 CROOKED LANE
41 203 31 CROOKED LANE
41 204 29 CROOKED LANE
41 73 154 CLIFF ROAD
41 79 9 CROOKED LANE
41 80 7 CROOKED LANE
41 470 5 CROOKED LANE
41 80.1 7A CROOKED LANE
41 69 166 CLIFF ROAD
41 837 164 CLIFF ROAD
41 70 162 CLIFF ROAD
41 74 150 CLIFF ROAD
41 74.1 152 CLIFF ROAD
41 836 154 CLIFF ROAD
41 71 158 CLIFF ROAD
41 75.1 148 CLIFF ROAD
41 75 146 CLIFF ROAD
41 76 144 CLIFF ROAD
41 78 142 CLIFF ROAD
41 575 140 CLIFF ROAD
41 81 1 CROOKED LANE
41 72 11R CROOKED LANE
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 34 Overlay
Change” dated January 2013 and filed herewith at the Office of the Town Clerk.
2. By deleting section E(1) its entirety.
3. By deleting section F(1) in its entirety.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
PLANNING BOARD COMMENT: The addition of these parcels to the Town Overlay
District (TOD) is consistent with Policy 2.1.1 of the Master Plan. The properties included
in this article are consistent with the TOD based on the following criteria: the properties
are located in “town” zoning districts, are serviced by municipal water and/or sewer, and
are in close proximity to bike paths and NRTA routes. The addition of these parcels to
the TOD has no impact on subdivision potential. The deletion of the sections 139-12E(1)
and 139-12F(1) are housekeeping matters that have no impact other than to eliminate
redundant and unnecessary language from those sections of the Zoning Bylaw.
Quantum of vote required for passage of the motion 2/3.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
ARTICLE 35
(Zoning Map Change: R-20 to R-10 – Meadow Lane)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential-20 (R-20) district
in the Residential 10 (R-10) district:
MAP LOT NUMBER STREET
41 403 (a portion of) 10 MEADOW LANE
41 446 9 MEADOW LANE
41 445 7 MEADOW LANE
41 444 5 MEADOW LANE
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 35 Meadow
Lane” 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 to amend the Zoning Map of the Town of
Nantucket by placing the following properties currently located in the Residential-20 (R-
20) district in the Residential 10 (R-10) district:
MAP LOT NUMBER STREET
41 403 (a portion of) 10 MEADOW LANE
41 446 9 MEADOW LANE
41 445 7 MEADOW LANE
41 444 5 MEADOW LANE
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 35 Meadow
Lane” dated January 2012 and filed herewith at the Office of the Town Clerk.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
PLANNING BOARD COMMENT: The properties included in this article are currently
nonconforming to lot size. This rezoning will bring them into conformance and will not
result in the creation of any additional lots.
Quantum of vote required for passage of the motion 2/3.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
ARTICLE 36
(Zoning Bylaw Amendment and Zoning Map Change: Village Height
Overlay District and Hummock Pond Farms – LUG-2 to VR)
To see if the Town will vote to take the following actions:
1. To amend chapter 139 (Zoning) of the Code of the Town of Nantucket, section 4F, 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):
The Village Height Overlay District (VHOD) is shown on a map entitled “2009
Special Town Meeting Warrant Article 20, Zoning Change, Madaket, 41-81D
Master Plan, Planning Area 1” dated July 2009. “Village Height Overlay District”
dated December 2012, as may be amended from time to time.
2. To amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section
4F, by adding the following parcels to the Village Height Overlay District and to
amend the Zoning Map of the Town of Nantucket by placing the following properties
currently located in the Limited Use General 2 (LUG-2) district in the Village
Residential (VR) district:
MAP LOT NUMBER STREET
82 92 4 ISHMAEL ROAD
82 98 1 MELVILLE COURT
65 60 4 MOBY WAY
82 102 34 AHAB DRIVE
82 103 32 AHAB DRIVE
82 104 30 AHAB DRIVE
82 99 2 MELVILLE COURT
82 100 4 MELVILLE COURT
82 101 6 MELVILLE COURT
82 93 2 ISHMAEL ROAD
82 105 28 AHAB DRIVE
82 106 26 AHAB DRIVE
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
82 91 6 ISHMAEL ROAD
82 97 21 AHAB DRIVE
82 90 8 ISHMAEL ROAD
82 107 24 AHAB DRIVE
82 96 19 AHAB DRIVE
65 69 3 QUEQUEG DRIVE
65 66 10 ISHMAEL ROAD
65 70 5 QUEQUEG DRIVE
82 95 17 AHAB DRIVE
65 52 22 AHAB DRIVE
65 53 20 AHAB DRIVE
65 68 9 AHAB DRIVE
65 67 11 AHAB DRIVE
65 54 18 AHAB DRIVE
65 65 7 AHAB DRIVE
65 55 16 AHAB DRIVE
65 63 6 AHAB DRIVE
65 56 14 AHAB DRIVE
65 57 12 AHAB DRIVE
65 62 4 AHAB DRIVE
65 64 8 AHAB DRIVE
65 61 2 AHAB DRIVE
65 58 3 MOBY WAY
65 59 5 MOBY WAY
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 36 Zoning
Change LUG-2 to VR and Addition to Village Height Overlay District” dated January
2013 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 to take no action on the Article.
PLANNING BOARD COMMENT: Although this article was proposed to address a
neighborhood concern, additional research and neighborhood outreach is needed.
Quantum of vote required for passage of the motion 2/3.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 37
(Zoning Bylaw Amendment: VTEC/VR Intensity Regulations)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket, section 16 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):
District
Defined
in § 139-3
Minimum
Lot Size
(square feet)
Front
(feet)
Side/Rear
(feet)**
Frontage
(feet)*
Ground
Cover
Ratio
…
VR
…
VTEC
20,000
40,000
30 20
30
15 10
20
100
100
10%
7 25%
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved to amend Chapter 139 (Zoning), section 16 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):
District
Defined
in § 139-3
Minimum
Lot Size
(square feet)
Front
(feet)
Side/Rear
(feet)**
Frontage
(feet)*
Ground
Cover
Ratio
…
VR
…
VTEC
20,000
40,000
30 20
30
15 10
20
100
100
10%
7 25%
Quantum of vote required for passage of the motion 2/3.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 38
(Zoning Map Change: Siasconset SR-20 to SR-10)
To see if the Town will vote to: Amend the Nantucket Zoning Map to move 32, 34,
36, 40, 42, 44, and 46 Baxter Road, 1 and 5 Ann’s Lane, and 49, 51R, and 55 Sankaty
Road from the Sconset Residential 20 district to the Sconset Residential 10 district, or to
take any other action related thereto.
(Steven Cohen, et al)
PLANNING BOARD MOTION: Moved to amend the Zoning Map of the Town of
Nantucket by placing the following properties currently located in the Sconset
Residential-20 (R-20) district in the Sconset Residential 10 (R-10) district:
MAP LOT NUMBER STREET
49.2.3 29 32 Baxter Road
49.2.3 28 34 Baxter Road
49.2.3 3 36 Baxter Road
49 63 40 Baxter Road
49 62 42 Baxter Road
49 61 44 Baxter Road
49 60 46 Baxter Road
49 68 5 Ann’s Lane
49 67 1 Ann’s Lane/Way
49 66 49 Sankaty Road
49 65.1 51R Sankaty Road
49 69 55 Sankaty Road
PLANNING BOARD COMMENT: Approval of this article will complete an area rezoning
that began at the 2012 Annual Town Meeting; however, the text of the 2012 rezoning
inadvertently omitted these parcels. Placing them in the SR-10 district will result in the
lots becoming conforming to lot size, and will not result in the creation of any subdivision
potential.
Quantum of vote required for passage of the motion 2/3.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
ARTICLE 39
(Zoning Bylaw Amendment: Intensity Regulations)
To see if the Town of Nantucket will amend the Nantucket Zoning Bylaw Chapter
139-16 B. (3) by inserting the highlighted text and deleting the text indicated by
strikethrough as following:
Only in the Town Overlay District Ffrontage of a lot may be reduced for an individual lot
in a subdivision or on a plan endorsed "approval not required" to a minimum of 50 feet
(which width shall not be reduced at any depth within the lot, provided that:…
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
(Cormac Collier, et al)
PLANNING BOARD MOTION: Moved to take no action on the Article.
PLANNING BOARD COMMENT: The Board discussed the possible implications of this
proposed bylaw change, which affects the Country Overlay District only. It determined
that eliminating the frontage averaging provision of the Zoning Bylaw, which does not
allow for the creation of any additional lots beyond what would normally be allowed,
would potentially result in the installation of more infrastructure in outlying areas, where
installation of such infrastructure can sometimes be avoided by using this provision.
Quantum of vote required for passage of the motion 2/3.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
ARTICLE 40
(Zoning Bylaw Amendment: Secondary Dwelling)
To see if the Town will vote to amend Chapter 139 Section 2, definition of
“Secondary Dwelling” to add the following language as a new paragraph at the end of
the existing definition:
“Notwithstanding any language contained herein to the contrary, any property that is
owned by a validly created and existing cooperative housing corporation as of
December 31, 2012, may be converted to a residential condominium form of ownership,
maintaining the separate beneficial ownership of the primary and secondary dwellings,
without subjecting such property to the Nantucket Housing Needs Covenant.”
(Jessie M. Glidden, et al)
PLANNING BOARD MOTION: Moved to amend Chapter 139 (Zoning), section 2,
definition of “Secondary Dwelling” to add the following language as a new paragraph at
the end of the existing definition:
“Notwithstanding any language contained herein to the contrary, any property that is
owned by a validly created and existing cooperative housing corporation as of
December 31, 2012, may be converted to a residential condominium form of ownership,
maintaining the separate beneficial ownership of the primary and secondary dwellings,
without subjecting such property to the Nantucket Housing Needs Covenant.”
Quantum of vote required for passage of this motion is 2/3.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
ARTICLE 41
(Wind Turbine Moratorium)
To see if the Town will vote to place a moratorium on the permitting, construction
and installation of any form of wind turbine in all zones and districts, including municipal
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
use, including but not limited to residential, commercial, industrial, educational, and
agricultural zones throughout the entire Town of Nantucket (including the islands of
Tuckernuck and Muskeget) including on-shore and off-shore areas, and to direct all
elected Board members within the Town of Nantucket, and all appointed officials or
employees of the Town of Nantucket, to take all actions necessary, to cease, suspend
and otherwise prohibit the permitting, construction, installation, and contract negotiation
for the siting of any commercial or municipal wind turbines anywhere within the borders
of the Town of Nantucket, on public or private land, under the present or future zoning
by-laws or by special permit, building permit or otherwise for a period of five (5) years; or
to take any other action related thereto.
(Bruce R. Mandel, et al)
FINANCE COMMITTEE MOTION: Moved that the Article be referred to the Planning
Board for further study of the Code of the Town of Nantucket Chapter 139 (Zoning)
section 21 (Wind energy conversion systems (WECS)) and other related articles or
sections, as they pertain to the siting and installation of wind turbines; that the study be
comprised of or include a Citizens Advisory Committee which will work with the Planning
Board and its representatives to gather and present relevant information to the Planning
Board for consideration; that after proper review and consideration the Planning Board
present to a future Annual Town Meeting any recommended amendments to the Zoning
Bylaw that may address related issues, including but not limited to: uniform standards
for project evaluation and permitting; wind turbine siting and installation; performance
monitoring, reporting and enforcement; health and safety of residents and visitors; site
plan review; noise and sound issues; complaint resolution process and response;
intensity regulations; impacted abutter notification; flicker and strobe; post installation
performance and compliance, and repair and/or removal; and other issues as
determined by the Planning Board to be worthy of inclusion in this report; to make
recommendations for consideration by the Board of Selectmen.
BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee
Motion and Comment.
ARTICLE 42
(Bylaw Amendment: Board of Sewer Commissioners/
Town 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 taking the following actions:
1. By amending section 41-3A 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):
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
A. Town Sewer District is shown on a map entitled "Nantucket Sewer Districts
Town and Siasconset" prepared by the Town of Nantucket GIS Coordinator,
dated April 20, 2010, as may be amended from time to time. The above
referenced map incorporates the original sewer district map dated March
2004 as approved through Article 56 of the 2004 Annual Town Meeting and all
subsequent amendments as may be approved through the 2010 Annual by
Town Meeting from time to time. The Town Sewer District, projected to have a
summer average daily flow capacity of 2,800,000 mgd, is serviced by the
Surfside Wastewater Treatment Facility.
2. By adding the following parcels to the Town Sewer District:
MAP LOT NUMBER STREET
56 245 50 DUKES ROAD
56 246 48 DUKES ROAD
56 247 46 DUKES ROAD
56 248 44 DUKES ROAD
56 249 42 DUKES ROAD
56 327 41 DUKES ROAD
56 328 39 DUKES ROAD
54 223 14 BREWSTER ROAD
54 236 15 BREWSTER ROAD
54 221 16 BREWSTER ROAD
54 222 17 BREWSTER ROAD
54 220.2 20 BREWSTER ROAD
54 220.1 5 BOSTON AVENUE
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 42 Town
Sewer District Expansion” dated January 2013 and filed herewith at the Office of the
Town Clerk.
(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 hereby amended as follows:
1. By amending section 41-3A 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):
A. Town Sewer District is shown on a map entitled "Nantucket Sewer Districts
Town and Siasconset" prepared by the Town of Nantucket GIS Coordinator,
dated April 20, 2010, as may be amended from time to time. The above
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
referenced map incorporates the original sewer district map dated March
2004 as approved through Article 56 of the 2004 Annual Town Meeting and all
subsequent amendments as may be approved through the 2010 Annual by
Town Meeting from time to time. The Town Sewer District, projected to have a
summer average daily flow capacity of 2,800,000 mgd, is serviced by the
Surfside Wastewater Treatment Facility.
2. By adding the following parcels to the Town Sewer District:
MAP LOT NUMBER STREET
56 245 50 DUKES ROAD
56 246 48 DUKES ROAD
56 247 46 DUKES ROAD
56 248 44 DUKES ROAD
56 249 42 DUKES ROAD
56 327 41 DUKES ROAD
56 328 39 DUKES ROAD
54 223 14 BREWSTER ROAD
54 236 15 BREWSTER ROAD
54 221 16 BREWSTER ROAD
54 222 17 BREWSTER ROAD
54 220.2 20 BREWSTER ROAD
54 220.1 5 BOSTON AVENUE
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 42 Town
Sewer District Expansion” dated January 2013 and filed herewith at the Office of the
Town Clerk.
BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance
Committee Motion. The Board has tasked its Sewer Planning Work Group with the
establishment of new/revised criteria for the expansion of Sewer Districts which is
expected to be complete before the next Annual Town Meeting.
ARTICLE 43
(Bylaw Amendment: Board of Sewer Commissioners/
Siasconset Sewer District Map Changes)
To see if the Town will vote to amend Chapter 41 (Board of Sewer
Commissioners), section 41-3B (Siasconset Sewer District) of the Code of the Town of
Nantucket by taking the following actions:
1. By amending section 41-3B 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
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
that it be in compliance with the numbering format of the Code of the Town of
Nantucket):
B. Siasconset Sewer District as shown on a map entitled "Nantucket Sewer
Districts Town and Siasconset" prepared by the Town of Nantucket GIS
Coordinator, dated April 20, 2010, as may be amended from time to time. The
above referenced map incorporates the original sewer district map dated March
2004 as approved through Article 56 of the 2004 Annual Town Meeting and all
subsequent amendments as may be approved by Town Meeting from time to
time.: an area outlined in blue on a map entitled, "Comprehensive Wastewater
Management Plan, (Proposed) SIASCONSET SEWER DISTRICT," with a
summer average daily flow capacity of 220,000 mgd, dated March 2004 (on file in
the office of the Town Clerk), or as shown in an additional area outlined in blue on
a supplemental map entitled "Article 51, 2006 Annual Town Meeting Additions to
the Siasconset Sewer District dated as of March 7, 2006, Nantucket,
Massachusetts" and as shown in an area outlined in green on a supplemental
map entitled "2007 Annual Town Meeting Article 41" and further as shown on an
area outlined in red on a supplemental map entitled “2009 Annual Town Meeting
Article 53"; and further shown in the additional area indicated on a map entitled
"Article 38 - 2010 Annual Town Meeting Additions to the Siasconset Sewer
District dated as of November 5, 2009, Nantucket, MA" The Siasconset Sewer
District, projected to have a summer average daily flow of 220,000 mgd, is
serviced by within which all sewage shall be collected, transported to, treated by
and disposed from the Siasconset Wastewater Treatment Facility.
2. By adding the following parcels to the Siasconset Sewer District:
MAP LOT NUMBER STREET
72 2 309 MILESTONE ROAD
72 21 315 MILESTONE ROAD
72 7 1 MC GARVEYS WAY
72 5 5 MC GARVEYS WAY
72 4 4 MC GARVEYS WAY
72 3 6 SEVEN MILE LANE
72 52 2 SEVEN MILE LANE
72 53 4 SEVEN MILE LANE
72 54 5 SEVEN MILE LANE
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 43
Siasconset Sewer District Expansion” dated January 2013 and filed herewith at the
Office of the Town Clerk.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer
Commissioners), section 41-3B (Siasconset Sewer District) of the Code of the Town of
Nantucket is hereby amended as follows:
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
1. By amending section 41-3B 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):
B. Siasconset Sewer District as shown on a map entitled "Nantucket Sewer
Districts Town and Siasconset" prepared by the Town of Nantucket GIS
Coordinator, dated April 20, 2010, as may be amended from time to time. The
above referenced map incorporates the original sewer district map dated March
2004 as approved through Article 56 of the 2004 Annual Town Meeting and all
subsequent amendments as may be approved by Town Meeting from time to
time.: an area outlined in blue on a map entitled, "Comprehensive Wastewater
Management Plan, (Proposed) SIASCONSET SEWER DISTRICT," with a
summer average daily flow capacity of 220,000 mgd, dated March 2004 (on file in
the office of the Town Clerk), or as shown in an additional area outlined in blue
on a supplemental map entitled "Article 51, 2006 Annual Town Meeting Additions
to the Siasconset Sewer District dated as of March 7, 2006, Nantucket,
Massachusetts" and as shown in an area outlined in green on a supplemental
map entitled "2007 Annual Town Meeting Article 41" and further as shown on an
area outlined in red on a supplemental map entitled “2009 Annual Town Meeting
Article 53"; and further shown in the additional area indicated on a map entitled
"Article 38 - 2010 Annual Town Meeting Additions to the Siasconset Sewer
District dated as of November 5, 2009, Nantucket, MA" The Siasconset Sewer
District, projected to have a summer average daily flow of 220,000 gallons per
day, is serviced by within which all sewage shall be collected, transported to,
treated by and disposed from the Siasconset Wastewater Treatment Facility.
2. By adding the following parcels to the Siasconset Sewer District:
MAP LOT NUMBER STREET
72 2 309 MILESTONE ROAD
72 21 315 MILESTONE ROAD
72 7 1 MC GARVEYS WAY
72 5 5 MC GARVEYS WAY
72 4 4 MC GARVEYS WAY
72 3 6 SEVEN MILE LANE
72 52 2 SEVEN MILE LANE
72 53 4 SEVEN MILE LANE
72 54 5 SEVEN MILE LANE
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 43
Siasconset Sewer District Expansion” dated January 2013 and filed herewith at the
Office of the Town Clerk.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance
Committee Motion. The Board has tasked its Sewer Planning Work Group with the
establishment of new/revised criteria for the expansion of Sewer Districts which is
expected to be complete before the next Annual Town Meeting.
ARTICLE 44
(Bylaw Amendment: Committees/Capital Program Committee)
To see if the Town will vote to amend Chapter 11, Article II 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):
Article II
Capital Program Committee
§ 11-6. Establishment; membership.
There shall be a Capital Program Committee consisting of seven voting members.
A. Four Five voting members will be appointed by the Board of Selectmen with
terms beginning and ending with the fiscal year, July 1 through June 30. With the
exception of the first appointments, each term will be three years. The first Board
of Selectmen appointments will be as follows: Committee members one and two
initial appointments will carry a one-year term; Committee member three initial
appointment will carry a two-year term; and Committee member four initial
appointment will carry a three-year term. After the initial terms, terms will follow
the three-year rotation. For any first appointment made after an amendment to
this paragraph A, the Board of Selectmen shall appoint a member to a two or
three year term, so as to have no more than two terms expiring in any year.
B. A fifth sixth voting member shall be appointed by the Board of Selectmen; a sixth
voting member shall be appointed by the Finance Committee; the seventh voting
member shall be appointed by the Nantucket Planning and Economic
Development Commission. Each of the fifth, sixth and seventh members must be
members of the Finance Committee and Nantucket Planning and Economic
Development Commission respectively. Board, Commission or Committee at the
time of appointment. Board, Commission or Committee Finance Committee and
Nantucket Planning and Economic Development Commission appointments shall
be for one fiscal year and coterminus with the Town's fiscal year or at cessation
of the member's term of appointment, whichever first occurs.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE COMMENT: The Committee further recommends that a
complete review of the Capital Program Committee’s role be undertaken.
ARTICLE 45
(Bylaw Amendment: Council for Human Services)
To see if the Town will vote to amend Chapter 12 (Council for Human Services)
of the Code of the Town of Nantucket as follows (NOTE: new language is shown as
highlighted text, language to be deleted is shown by strikeout; these methods to denote
changes are not meant to become part of the final text):
§12-5. Contract Review Subcommittee – membership, terms, vacancies.
The Contract Review Subcommittee shall consist of seven Nantucket residents. At the
beginning of each fiscal year, two members of the Contract Review Subcommittee shall
be appointed by and shall be members of the Council for Human Services; one member
shall be appointed by and be a member of the Finance Committee; one member shall
be appointed by and be a member of the Nantucket Planning and Economic
Development Commission; one member shall be appointed by and be a member of the
Board of Selectmen. Two Three members shall be members of the public-at-large and
shall be appointed by the Board of Selectmen. Members of the Contract Review
Subcommittee who are members of the public at large shall be appointed for a term of
three years. Each member of the existing Contract Review Committee serving at the
time of the passage of this chapter shall take office as a member of the Contract Review
Subcommittee and shall remain in office until the end of his or her term and until a
successor member is duly appointed. Members of the Contract Review Subcommittee
shall be in full compliance with the provisions of Massachusetts General Law Chapter
268A.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Chapter 12 (Council for Human
Services) of the Code of the Town of Nantucket is hereby amended as follows (NOTE:
new language is shown as highlighted text, language to be deleted is shown by
strikeout; these methods to denote changes are not meant to become part of the final
text):
§12-5. Contract Review Subcommittee – membership, terms, vacancies.
The Contract Review Subcommittee shall consist of seven Nantucket residents. At the
beginning of each fiscal year, two members of the Contract Review Subcommittee shall
be appointed by and shall be members of the Council for Human Services; one member
shall be appointed by and be a member of the Finance Committee; one member shall
be appointed by and be a member of the Nantucket Planning and Economic
Development Commission; one member shall be appointed by and be a member of the
Board of Selectmen. Two Three members shall be members of the public-at-large and
shall be appointed by the Board of Selectmen. Members of the Contract Review
Subcommittee who are members of the public at large shall be appointed for a term of
three years. Each member of the existing Contract Review Committee serving at the
time of the passage of this chapter shall take office as a member of the Contract Review
Subcommittee and shall remain in office until the end of his or her term and until a
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
successor member is duly appointed. Members of the Contract Review Subcommittee
shall be in full compliance with the provisions of Massachusetts General Law Chapter
268A.
ARTICLE 46
(Bylaw Amendment: Committees/Visitor Services and Information Advisory Committee)
To see if the Town will vote to amend Chapter 11 (Committees), Article IV (Visitor
Services and Information Advisory 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):
§ 11-16. Administrative duties; budget; expenditures. Duties.
§11-16. Duties.
The Visitor Services and Information Advisory Committee will oversee Nantucket's
current Information Bureau, which Bureau will continue to be a Town department. It will
provide the central administrative staff to carry out the day-to-day operations in
accordance with the functions listed below. Seasonal employees, as required, will be
overseen by the central staff. The employees of the Information Bureau may change in
number or job functions, in accordance with the procedures for Town employees stated
in the Personnel Bylaw. The budget of the Information Bureau will be reviewed through
the usual Finance Committee procedure for departments and by the Visitor Services
and Information Advisory Committee. Prior to making expenditures for the various
functions to be carried out, the Visitor Services and Information Advisory Committee will
present an expenditure plan for the funds voted by Town Meeting to the Board of
Selectmen for its approval.
provide recommendations to the Board of Selectmen and/or Town Administration
regarding island visitor services, including information and resource promotion, public
rest room facilities, signage, and public information.
§11-17. Functions.
The principal functions carried out will be island visitor services, information and
resource promotion; this may include funding allocations for additional visitor service
purposes such as construction and maintenance of public rest room facilities,
beach/harbor maintenance, signage, cleaning of public places and public information.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Chapter 11 (Committees), Article IV
(Visitor Services and Information Advisory Committee) of the Code of the Town of
Nantucket is hereby amended as follows (NOTE: new language is shown as highlighted
text, language to be deleted is shown by strikeout; these methods to denote changes
are not meant to become part of the final text):
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Change the words “Visitor Services and Information Advisory Committee” to “Visitor
Services Advisory Committee” wherever it appears in the Town Code;
§ 11-16. Administrative duties; budget; expenditures. Duties.
§11-16. Duties.
The Visitor Services and Information Advisory Committee will oversee Nantucket's
current Information Bureau, which Bureau will continue to be a Town department. It will
provide the central administrative staff to carry out the day-to-day operations in
accordance with the functions listed below. Seasonal employees, as required, will be
overseen by the central staff. The employees of the Information Bureau may change in
number or job functions, in accordance with the procedures for Town employees stated
in the Personnel Bylaw. The budget of the Information Bureau will be reviewed through
the usual Finance Committee procedure for departments and by the Visitor Services
and Information Advisory Committee. Prior to making expenditures for the various
functions to be carried out, the Visitor Services and Information Advisory Committee will
present an expenditure plan for the funds voted by Town Meeting to the Board of
Selectmen for its approval.
regularly evaluate the level of services being offered to Nantucket visitors; provide a
written annual report to the Board of Selectmen and/or Town Administration listing
recommendations for improving and/or expanding visitor services; will monitor the
operation of the Information Bureau and satellite kiosks through regularly scheduled
meetings with Visitor Services administrative staff; and assist in developing an annual
proposed budget that reflects recommendations regarding fulfilling visitor expectations
and needs to the world class destination of Nantucket.
§11-17. Functions.
The principal functions carried out will be island visitor services, information and
resource promotion; this may include funding allocations for additional visitor service
purposes such as construction and maintenance of public rest room facilities,
beach/harbor maintenance, signage, cleaning of public places and public information.
ARTICLE 47
(Bylaw: Civil Fingerprinting Authorization)
To see whether the Town will vote, as authorized by Chapter 256 of the Acts of
2010, and incorporated into the Massachusetts General Laws as Chapter 6, Section
172B ½, to adopt the following bylaw enabling the Police Department to conduct State
and Federal Fingerprint Based Criminal History checks for individuals applying for the
following licenses:
Hawking and Peddling or other Door-to-Door Salespeople
Manager of Alcoholic Beverage License
Owner or Operator of Public Conveyance
Dealer of Second-hand Articles
Pawn Dealers
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Hackney Drivers
Ice Cream Truck Vendors
And to adopt appropriate policies and procedures to effectuate the purposes of this
bylaw, or take any other action related thereto.
Chapter 108
CIVIL FINGERPRINTING
§108-1. Criminal History Check Authorization.
A. The Police Department shall, as authorized by Massachusetts General Laws
Chapter 6, Section 172B ½, conduct State and Federal Fingerprint Based
Criminal History checks for individuals applying for the following licenses:
1) Hawking and Peddling or other Door-to-Door Salespeople
2) Manager of Alcoholic Beverage License
3) Owner or Operator of Public Conveyance
4) Dealer of Second-hand Articles
5) Pawn Dealers
6) Hackney Drivers
7) Ice Cream Truck Vendors
B. At the time of fingerprinting, the Police Department shall notify the individual
fingerprinted that the fingerprints will be used to check the individual’s criminal
history records. The Police Chief shall periodically check with the Executive
Office of Public Safety and Security (“EOPSS”) which has issued an informational
Bulletin which explains the requirements for town by-laws and the procedures for
obtaining criminal history information, to see if there have been any updates to be
sure the Town remains in compliance.
C. Upon receipt of the fingerprints and the appropriate fee, the Police Department
shall transmit the fingerprints it has obtained pursuant to this bylaw to the
Identification Section of the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Services (DCJIS), and/or the Federal
Bureau of Investigation (BI) or the successors of such agencies as may be
necessary for the purpose of conducting fingerprint-based state and national
criminal records background checks of license applicants specified in this by-law.
D. The Town authorizes the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Systems (DCJIS), and the Federal
Bureau of Investigation (FBI), and their successors, as may be applicable, to
conduct fingerprint-based state and national criminal record background checks,
including of FBI records, consistent with this bylaw. The Town authorizes the
Police Department to receive and utilize State and FBI records in connection with
such background checks, consistent with this bylaw. The State and FBI criminal
history will not be disseminated to unauthorized entities.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
E. Upon receipt of a report from the FBI or other appropriate criminal justice agency,
a record subject may request and receive a copy of his/her criminal history record
from the Police Department. Should the record subject seek to amend or correct
his/her record, he/she must take appropriate action to correct said record, which
action currently includes contacting the Massachusetts Department of Criminal
Justice Information Services (DCJIS) for a state record or the FBI for records
from other jurisdictions maintained in its file. An applicant that wants to challenge
the accuracy or completeness of the record shall be advised that the procedures
to change, correct, or update the records are set forth in the Title 28 CFR 16.34.
The Police Department shall not utilize and/or transmit the results of the
fingerprint-based criminal record background check to any licensing authority
pursuant to this bylaw until it has taken the steps detailed in this paragraph and
the applicant has been afforded a reasonable time to correct or complete the
information, or has declined to do so.
F. The Police Department shall communicate the results of the fingerprint-based
criminal record background checks to the appropriate governmental licensing
authority within the Town as listed. The Police Department shall indicate whether
the applicant has been convicted of, or is awaiting final adjudication for, a crime
that bears upon his or her suitability, or any felony or misdemeanor that involved
force or threat of force, controlled substances or a sex-related offense. No such
suitability evaluation or communication shall be disseminated to unauthorized
entities.
G. The Board of Selectmen is authorized to promulgate regulations for the
implementation of the proposed bylaw, but in doing so is recommended that it
consult with the Chief of Police, Town Counsel and the Massachusetts Executive
Office of Public Safety and Security (or its successor agency) to ensure that such
regulations are consistent with the statute, the FBI’s requirements for access to
the national database, and other applicable state laws.
§108-2. Use of Criminal Record by Licensing Authorities.
A. Licensing authorities of the Town shall utilize the results of fingerprint-based
criminal record background checks for the sole purpose of determining the
suitability of the subjects of the checks in connection with the license applications
specified in this bylaw. A Town licensing authority may deny an application for
the license on the basis of the results of a fingerprint-based criminal record
background check if it determines that the results of the check render the subject
unsuitable for the proposed occupational activity. The licensing authority shall
consider all applicable laws, regulations and Town policies bearing on an
applicant’s suitability in making this determination.
B. The Town or any of its officers, departments, boards, committees or other
licensing authorities is hereby authorized to deny any application for, including
renewals and transfers thereof, for any person who is determined unfit for the
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
license, as determined by the licensing authority, due to information obtained
pursuant to this bylaw.
§108-3. Fees.
A. The fee charged by the Police Department for the purpose of conducting
fingerprint-based criminal record background checks shall be one hundred
dollars ($100). The Town Treasurer shall periodically consult with Town Counsel
and the Department of Revenue, Division of Local Services regarding the proper
municipal accounting of those fees.
A portion of the fee, as specified in Mass. Gen. Laws Chapter 6, Section 172B½, shall
be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the
remainder of the fee may be retained by the Town for costs associated with the
administration of the fingerprinting system.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that a new Chapter 108 (Civil Fingerprinting)
is hereby added to the Code of the Town of Nantucket as follows and applies to
individuals applying for the following licenses:
Hawking and Peddling or other Door-to-Door Salespeople
Manager of Alcoholic Beverage License
Owner or Operator of Public Conveyance
Dealer of Second-hand Articles
Pawn Dealers
Hackney Drivers
Ice Cream Truck Vendors
Mobile Food Units
And to adopt appropriate policies and procedures to effectuate the purposes of this
bylaw, or take any other action related thereto.
Chapter 108
CIVIL FINGERPRINTING
§108-1. Criminal History Check Authorization.
A. The Police Department shall, as authorized by Massachusetts General Laws
Chapter 6, Section 172B ½, conduct State and Federal Fingerprint Based
Criminal History checks for individuals applying for the following licenses:
1) Hawking and Peddling or other Door-to-Door Salespeople
2) Manager of Alcoholic Beverage License
3) Owner or Operator of Public Conveyance
4) Dealer of Second-hand Articles
5) Pawn Dealers
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
6) Hackney Drivers
7) Ice Cream Truck Vendors
B. At the time of fingerprinting, the Police Department shall notify the individual
fingerprinted that the fingerprints will be used to check the individual’s criminal
history records. The Police Chief shall periodically check with the Executive
Office of Public Safety and Security (“EOPSS”) which has issued an informational
Bulletin which explains the requirements for town by-laws and the procedures for
obtaining criminal history information, to see if there have been any updates to be
sure the Town remains in compliance.
C. Upon receipt of the fingerprints and the appropriate fee, the Police Department
shall transmit the fingerprints it has obtained pursuant to this bylaw to the
Identification Section of the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Services (DCJIS), and/or the Federal
Bureau of Investigation (BI) or the successors of such agencies as may be
necessary for the purpose of conducting fingerprint-based state and national
criminal records background checks of license applicants specified in this by-law.
D. The Town authorizes the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Systems (DCJIS), and the Federal
Bureau of Investigation (FBI), and their successors, as may be applicable, to
conduct fingerprint-based state and national criminal record background checks,
including of FBI records, consistent with this bylaw. The Town authorizes the
Police Department to receive and utilize State and FBI records in connection with
such background checks, consistent with this bylaw. The State and FBI criminal
history will not be disseminated to unauthorized entities.
E. Upon receipt of a report from the FBI or other appropriate criminal justice agency,
a record subject may request and receive a copy of his/her criminal history record
from the Police Department. Should the record subject seek to amend or correct
his/her record, he/she must take appropriate action to correct said record, which
action currently includes contacting the Massachusetts Department of Criminal
Justice Information Services (DCJIS) for a state record or the FBI for records
from other jurisdictions maintained in its file. An applicant that wants to challenge
the accuracy or completeness of the record shall be advised that the procedures
to change, correct, or update the records are set forth in the Title 28 CFR 16.34.
The Police Department shall not utilize and/or transmit the results of the
fingerprint-based criminal record background check to any licensing authority
pursuant to this bylaw until it has taken the steps detailed in this paragraph and
the applicant has been afforded a reasonable time to correct or complete the
information, or has declined to do so.
F. The Police Department shall communicate the results of the fingerprint-based
criminal record background checks to the appropriate governmental licensing
authority within the Town as listed. The Police Department shall indicate whether
the applicant has been convicted of, or is awaiting final adjudication for, a crime
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that bears upon his or her suitability, or any felony or misdemeanor that involved
force or threat of force, controlled substances or a sex-related offense. No such
suitability evaluation or communication shall be disseminated to unauthorized
entities.
G. The Board of Selectmen is authorized to promulgate regulations for the
implementation of the proposed bylaw, but in doing so is recommended that it
consult with the Chief of Police, Town Counsel and the Massachusetts Executive
Office of Public Safety and Security (or its successor agency) to ensure that such
regulations are consistent with the statute, the FBI’s requirements for access to
the national database, and other applicable state laws.
§108-2. Use of Criminal Record by Licensing Authorities.
A. Licensing authorities of the Town shall utilize the results of fingerprint-based
criminal record background checks for the sole purpose of determining the
suitability of the subjects of the checks in connection with the license applications
specified in this bylaw. A Town licensing authority may deny an application for
the license on the basis of the results of a fingerprint-based criminal record
background check if it determines that the results of the check render the subject
unsuitable for the proposed occupational activity. The licensing authority shall
consider all applicable laws, regulations and Town policies bearing on an
applicant’s suitability in making this determination.
B. The Town or any of its officers, departments, boards, committees or other
licensing authorities is hereby authorized to deny any application for, including
renewals and transfers thereof, for any person who is determined unfit for the
license, as determined by the licensing authority, due to information obtained
pursuant to this bylaw.
§108-3. Fees.
A. The fee charged by the Police Department for the purpose of conducting
fingerprint-based criminal record background checks shall be established by vote
of the Board of Selectmen. The Town Treasurer shall periodically consult with
Town Counsel and the Department of Revenue, Division of Local Services
regarding the proper municipal accounting of those fees.
A portion of the fee, as specified in Mass. Gen. Laws Chapter 6, Section 172B½, shall
be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the
remainder of the fee may be retained by the Town for costs associated with the
administration of the fingerprinting system.
FINANCE COMMITTEE COMMENT: The Finance Committee does not see this bylaw
as a revenue generating effort and expects the Board of Selectmen to set a reasonable
fee.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
BOARD OF SELECTMEN COMMENT: This Article was sponsored by the Board of
Selectmen at the request of the Police Chief due to changes in federal and state laws
pertaining to criminal vs non-criminal background checks. The particular categories of
license holder listed in the Article are no longer allowed to be subject to the background
check that was previously allowed. In other words, without this bylaw, background
checks of applicants for the categories of license contained in the bylaw (if issued by the
Town) may not occur.
ARTICLE 48
(Bylaw Amendment: Finances)
To see if the Town will vote to amend Chapter 19 (Finances) of the Code of the
Town of Nantucket by adding a new Article XII as follows:
ARTICLE XII
Due Date for Municipal Fees, Charges and Bills
§ 19-20.
The due date for the payment of all municipal fees, charges and bills, including but not
limited to sewer and landfill accounts, shall be thirty (30) days after the fee, charge or bill
is issued by the Town, unless otherwise specified by a General Law or special act of the
Commonwealth or other Town by-law. The Board of Selectmen may, but is not required
to, vote to exempt a particular fee, charge or bill not so specified from the terms of this
bylaw. Interest on any overdue fee, charge or bill subject to this bylaw shall accrue at
the same rate as charged on tax bills pursuant to Massachusetts General Laws Chapter
59, Section 57.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Chapter 19 (Finances) of the Code of
the Town of Nantucket is hereby amended by adding a new Article XII as follows:
ARTICLE XII
Due Date for Municipal Fees, Charges and Bills
§ 19-20.
The due date for the payment of all municipal fees, charges and bills, including but not
limited to sewer and landfill accounts, shall be thirty (30) days after the fee, charge or
bill is issued by the Town, unless otherwise specified by a General Law or special act of
the Commonwealth or other Town bylaw. The Board of Selectmen may, but is not
required to, vote to exempt a particular fee, charge or bill not so specified from the terms
of this bylaw. Interest on any overdue fee, charge or bill subject to this bylaw shall
accrue at the same rate as charged on tax bills pursuant to Massachusetts General
Laws Chapter 59, Section 57.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 49
(Charter Amendment)
To see if the Town will vote to: amend the Charter for the Town of Nantucket,
Chapter 289 of the Acts of 1996, by amending Article II Legislative Functions, Section
2.5 Town Meeting Warrant to read 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) The Board of Selectmen shall include all proposed operating expenditures in a single
article or in consecutive articles in the warrant and also all proposed capital
improvement expenditures in a single article or in consecutive articles.
(b) The Board of Selectmen shall not include any zoning articles for amendment to
Chapters 136 and 139, nor any changes to zoning maps proposed by any Town board
or official on any Special Town Meeting warrant, except by a vote of two thirds of all
members of the Board of Selectmen. All such articles shall be reserved for
consideration by the body of the Annual Town Meeting. This prohibition shall not apply
to citizen’s petitions submitted in accordance with MGL Ch. 40, §10.
(b) (c) The Board of Selectmen shall publish the warrant of each Town Meeting in a
newspaper of general circulation within the Town promptly after issuance of the warrant.
After such publication of the warrant, the Finance Committee shall hold a public hearing
on each article and vote its recommendations. For articles that do not call for the Town
to raise and appropriate, transfer or borrow sums of money, the Finance Committee may
choose to make no recommendation.
(c) (d) The Board of Selectmen shall publish the warrant with the recommendations of
the Finance Committee by mailing a copy of such warrant to the address or postal box
of each registered voter at least seven days prior to the Town Meeting.
Or take any other action in relation thereto.
(Catherine Flanagan Stover, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
ARTICLE 50
(Charter Amendment)
To see if the Town will vote to: amend the Charter for the Town of Nantucket,
Chapter 289 of the Acts of 1996, by amending Article II Legislative Functions to read 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):
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
“Section 2.5 (c) – The Board of Selectmen shall publish the warrant with the
recommendations of the Finance Committee and shall have such copies available at
least seven days prior to the Town Meeting at the Town & County Building at 16 Broad
Street, or shall post a copy of such warrant on the Town of Nantucket website, or shall
mail a copy of such warrant to the address or postal box of each Head of Household
registered as a voter with the Town Clerk, or shall email a copy of such warrant to the
email address provided by any voter to the Board of Selectmen by mailing a copy of
such warrant to the address or postal box of each registered voter at least seven days
prior to the To wn Meeting.
or take any other action in relation thereto.
(Catherine Flanagan Stover, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The proposed charter amendment is
unnecessary. The warrant with Finance Committee motions is already available at the
Town Building, other municipal and non-municipal locations and on the Town’s website
within a day or two following adoption. The warrants are already mailed out to Head of
Household registered voters and are available at the Town Meeting. Anyone having
access to email should be able to access the Town website to obtain the warrant.
Anyone who requests a hard copy of it, is provided with one.
ARTICLE 51
(Charter Amendment)
To see if the Town will vote to: amend the Charter for the Town of Nantucket,
Chapter 289 of the Acts of 1996, by amending Article III Board of Selectmen to read 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)
Section 3.1 – Composition, Term of Office and Quorum
(a) The Board of Selectmen shall be composed of five members elected for terms of
three years each, so arranged that the terms of as nearly equal number of
members as possible expire each year. To qualify for office, each mem ber shall
be and remain a resident of the Town. Three of the five members shall constitute
a quorum. A majority of th e quorum shall be sufficient to set the Board’s meeting
agenda and to decide any question, except as may be otherwise provided by law
or this Char ter.
(b) Additionally, one Alternate member shall be sworn by the Town Clerk. Said
member shall be the candidate who receives the next highest number of votes in
the annual election, who is willing to serve, after the one or two annual office(s) is
filled by the annual election,.
(c) In order to ensure that a quorum may be reached, especially in times when death
or disability prevents one or more Board members from serving, the Alternate
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Selectman shall automatically serve until a quorum of the Board is again
reached. In the case of absence due to illness, a majority of the Board may
designate that the Alternate serve during the period of the absence.
(d) There shall be no compensation for the Alternate Selectman seat.
Or take any other action in relation thereto.
(Catherine Flanagan Stover, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The Finance Committee believed this charter
amendment to be unnecessarily complex and unnecessary. No other town in
Massachusetts has such requirements and there was no valid reason presented why
the Town of Nantucket should seek this amendment.
ARTICLE 52
(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.
(Board of Selectmen for Airport Commission)
NOTE: The above home rule petition was approved as Article 20 of the 2012 Annual
Town Meeting. Home rule petitions currently pending before the legislature, which were
not acted upon by December 31, 2012, 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:
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.
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SECTION 2. This act shall take effect upon its passage.
ARTICLE 53
(Home Rule Petition: Amendment of Historic District Commission Act)
To see if the town of Nantucket will vote to request its representatives in the
General Court to introduce legislation amending the Historic District Commission Act as
set forth below and to authorize the General Court, with the approval of the Board of
Selectmen of the Town to make constructive changes in perfecting the language of this
legislation in order to secure passage, it being the intent to authorize the Board of
Selectmen and General Court to vary the specific text of the requested legislation within
the scope of the general public objectives of this home rule petition, such legislation to
read substantially as follows:
AN ACT AMENDING THE NANTUCKET HISTORIC DISTRICT 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)
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NOTE: The above home rule petition was approved as Article 80 at the 2011 Annual
Town Meeting and Article 72 of the 2012 Annual Town Meeting. Home rule petitions
currently pending before the Legislature, which were not acted upon by December 31,
2012 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:
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".
ARTICLE 54
(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:
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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.
(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 and Article 73 at the 2012 Annual Town Meeting. Home rule petitions
currently pending before the Legislature, which were not acted upon by December 31,
2012 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:
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.
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ARTICLE 55
(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:
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. This article was
approved as Article 74 at the 2012 Annual Town Meeting. Home rule petitions currently
pending before the Legislature, which were not acted upon by December 31, 2012 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:
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
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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 56
(Home Rule Petition: Harbor and Shellfish Advisory Board)
To see if the Town will vote to authorize the Board of Selectmen to petition the
General Court for special legislation set forth below; provided, however, that the General
Court may with the approval of the Board of Selectmen, make constructive changes in
language as may be necessary or advisable towards perfecting the intent of this
legislation in order to secure passage; or to take any other action related thereto.
AN ACT EXEMPTING THE HARBOR AND SHELLFISH ADVISORY BOARD
MEMBERSHIP FROM CONFLICT OF INTEREST REGARDING DISCUSSION OF
SHELLFISH LICENSING
Section 1. The second paragraph of Chapter 465 of the Acts of 1976 (“An Act
Establishing a Harbor and Shellfish Advisory Board in the Town of Nantucket”) as
amended by Chapter 270 of the Acts of 1979 (“An Act Providing for the Filling of
Vacancies on the Harbor and Shellfish Advisory Board of the Town of Nantucket”), is
hereby amended by adding the following new sentence at the end of the existing text:
“It is the intent of the establishment of the Nantucket Harbor and Shellfish
Advisory Board to provide an advisory role for commercial fishermen and those
who make a living from the sea, to the Nantucket Board of Selectmen, therefore
to encourage such persons to participate in this publicly elected advisory board,
the members of the Board shall be exempt from Chapter 268A subsections (a)
and (c) of section 17 of the Massachusetts General Laws and from Chapter 268A
section 19(a) of the Massachusetts General Laws when participating in the
particular matter of providing advice and recommendations to the Board of
Selectmen regarding shellfish fishing, harvesting, licensing and fishery
standards.”
Section 2. This act shall take effect upon its passage.
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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; Article 83 of the 2011
Annual Town Meeting and Article 75 of the 2012 Annual Town Meeting. Home rule
petitions currently pending before the legislature, which were not acted upon by
December 31, 2012, 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:
AN ACT EXEMPTING THE HARBOR AND SHELLFISH ADVISORY BOARD
MEMBERSHIP FROM CONFLICT OF INTEREST REGARDING DISCUSSION OF
SHELLFISH LICENSING
Section 1. The second paragraph of Chapter 465 of the Acts of 1976 (“An Act
Establishing a Harbor and Shellfish Advisory Board in the Town of Nantucket”) as
amended by Chapter 270 of the Acts of 1979 (“An Act Providing for the Filling of
Vacancies on the Harbor and Shellfish Advisory Board of the Town of Nantucket”), is
hereby amended by adding the following new sentence at the end of the existing text:
“It is the intent of the establishment of the Nantucket Harbor and Shellfish
Advisory Board to provide an advisory role for commercial fishermen and those
who make a living from the sea, to the Nantucket Board of Selectmen, therefore
to encourage such persons to participate in this publicly elected advisory board,
the members of the Board shall be exempt from Chapter 268A subsections (a)
and (c) of section 17 of the Massachusetts General Laws and from Chapter 268A
section 19(a) of the Massachusetts General Laws when participating in the
particular matter of providing advice and recommendations to the Board of
Selectmen regarding shellfish fishing, harvesting, licensing and fishery
standards.”
Section 2. This act shall take effect upon its passage.
ARTICLE 57
(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:
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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.
Or to take any other action related thereto.
(Board of Selectmen)
NOTE: The above home rule petition was approved as Article 76 of the 2012 Annual
Town Meeting. Home rule petitions currently pending before the legislature, which were
not acted upon by December 31, 2012, 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:
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.
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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.
ARTICLE 58
(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.
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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.
Or to take any other action related thereto.
(Board of Selectmen)
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NOTE: The above home rule petition was approved as Article 77 of the 2012 Annual
Town Meeting. Home rule petitions currently pending before the legislature, which were
not acted upon by December 31, 2012, 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:
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
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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 59
(Home Rule Petition: Community Preservation Committee)
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 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.
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Section 2. This act shall take effect upon passage.
Or to take any other action related thereto.
(Board of Selectmen)
NOTE: The above home rule petition was approved as Article 67 of the 2012 Annual
Town Meeting. Home rule petitions currently pending before the legislature, which were
not acted upon by December 31, 2012, 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:
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.
ARTICLE 60
(Home Rule Petition: Conveyance of Property by the County/Smooth Hummocks –
Moorlands Management District)
To see if the Town will vote to authorize the Board of Selectmen to petition the
General Court consistent with the requirements of Article 97 of the Amendments to the
Massachusetts Constitution to enact special legislation to authorize the change in use,
transfer and conveyance of a certain parcel of land from the County of Nantucket for
beach purposes, as described in more detail below and as shown on a map entitled
“2012 Special Town Meeting Warrant Article 14” dated August, 2012 and filed with the
Office of the Town Clerk, to the Town of Nantucket for beach purposes and also for
open space purposes, and further, to authorize the Board of Selectmen to accept such
parcel of land; and to authorized the Board of Selectmen to convey said parcel to the
Nantucket Islands Land Bank subject to certain restrictions set forth below; provided,
however, that the General Court may with the approval of the Board of Selectmen, make
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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 Approving the Conveyance of Property by the County and Town of
Nantucket
Section 1. The County of Nantucket is hereby authorized to convey without
consideration the fee in a parcel of land shown on the Nantucket Board of Assessors’
Map 82, as Parcel 22, Heller Way/Smooth Hummocks, from the County of Nantucket for
beach purposes to the Town of Nantucket for beach and open space purposes.
Section 2. The Board of Selectmen is hereby authorized to sell, convey or otherwise
dispose of the fee or lesser interests of any portion of Assessor Map 82, Parcel 22,
Heller Way/Smooth Hummocks to the Nantucket Islands Land Bank for beach and open
space purposes, any such disposition to be on such terms and conditions the Board of
Selectmen deem appropriate, which may include the reservation of easements and
restrictions and provided that the following easements and restrictions are placed on the
property prior to its conveyance: (1) an easement for purposes of access to the beach
and for use as a beach, otherwise known as the “One Big Beach Easement”; (2) an
easement preserving the right to use two (2) traveled ways that cross the subject
property for all purposes for which public ways are commonly used; (3) the right to
dedicate, construct, or otherwise establish parking areas consistent with the purpose of
restriction (1) above; and (4) a right of reverter clause for a reversion of title to the Town
in the event the above restrictions are violated, all as shown on a map entitled “2013
Annual Town Meeting Warrant Article 60” dated January 2013 and filed herewith at the
Office of the Town Clerk.
Section 3. The provisions of Chapter 30B of the Massachusetts General Laws and any
rights of first refusal of the Commonwealth under the provisions of Section 14 of Chapter
34 of the General Laws shall not be applicable to any conveyance authorized
hereunder.
Section 4. This Act shall take effect upon passage.
Or to take any other action relative thereto.
(Board of Selectmen)
NOTE: A home rule petition was approved as Article 14 of the October 22, 2012 Special
Town Meeting to authorize the transfer of the land from the County to the Town. Home
rule petitions currently pending before the legislature, which were not acted upon by
December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. In
addition, the original Home Rule Petition has been modified to further authorize the
transfer of the same land from the Town to the Nantucket Islands Land Bank subject to
the restrictions listed in section 2 above.
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
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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:
An Act Approving the Conveyance of Property by the County and Town of
Nantucket
Section 1. The County of Nantucket is hereby authorized to convey without
consideration the fee in a parcel of land shown on the Nantucket Board of Assessors’
Map 82, as Parcel 22, Heller Way/Smooth Hummocks, from the County of Nantucket for
beach purposes to the Town of Nantucket for beach and open space purposes.
Section 2. The Board of Selectmen is hereby authorized to sell, convey or otherwise
dispose of the fee or lesser interests of any portion of Assessor Map 82, Parcel 22,
Heller Way/Smooth Hummocks to the Nantucket Islands Land Bank for beach and open
space purposes, any such disposition to be on such terms and conditions the Board of
Selectmen deem appropriate, which may include the reservation of easements and
restrictions and provided that the following easements and restrictions are placed on the
property prior to its conveyance: (1) an easement for purposes of access to the beach
and for use as a beach, otherwise known as the “One Big Beach Easement”; (2) an
easement preserving the right to use two (2) traveled ways that cross the subject
property for all purposes for which public ways are commonly used; (3) the right to
dedicate, construct, or otherwise establish parking areas consistent with the purpose of
restriction (1) above; and (4) a right of reverter clause for a reversion of title to the Town
in the event the above restrictions are violated, all as shown on a map entitled “2013
Annual Town Meeting Warrant Article 60” dated January 2013 and filed herewith at the
Office of the Town Clerk.
Section 3. The provisions of Chapter 30B of the Massachusetts General Laws and any
rights of first refusal of the Commonwealth under the provisions of Section 14 of Chapter
34 of the General Laws shall not be applicable to any conveyance authorized
hereunder.
Section 4. This Act shall take effect upon passage.
ARTICLE 61
(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 of
1970, as amended, to provide that HDC Commissioners be limited to two (2)
consecutive terms in office. Or to take any other action related thereto.
(Curtis L. Barnes, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: Despite recent scrutiny, the Finance Committee
believes this Article might hinder the work already being done to improve the processes
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and oversight by the Historic District Commission. Preserving the historical thread of this
community coupled with growth and modernization, is a balancing act in itself and any
issues the HDC has negatively incurred, we feel could be successfully improved upon
internally.
ARTICLE 62
(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 of
1970, as amended, to provide that the jurisdiction of the Historic District Commission be
limited to the (1) Old and Historic District, and (2) Old and Historic Siasconset District,
as specified by the Supreme Judicial Court of Massachusetts in the initial Enabling Act
of 1955. Or to take any other action related thereto.
(Curtis L. Barnes, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: If approved, the Committee feels this Article could
have significant unintended consequences and recognizes the value of the Historic
District Commission to maintain its current jurisdiction.
ARTICLE 63
(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 of
1970, as amended, to provide that HDC Commissioners be appointed by the
Selectmen, as specified by the Supreme Judicial Court of Massachusetts in the initial
Enabling Act. of 1955. Or to take any other action related thereto.
(Curtis L. Barnes, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: Despite recent scrutiny, the Finance Committee
believes this Article might hinder the work already being done to improve the processes
and oversight by the Historic District Commission. Preserving the historical thread of this
community coupled with growth and modernization, is a balancing act in itself and any
issues the HDC has negatively incurred, we feel could be successfully improved upon
internally.
ARTICLE 64
(Home Rule Petition: Funeral Directors, Embalmers, Funeral Homes, and Crematories)
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.
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AN ACT EXEMPTING THE TOWN OF NANTUCKET FROM THE PROVISIONS OF
MGL and THE CODE OF MASSACHUSETTS REGULATIONS REGARDING
FUNERAL DIRECTORS, EMBALMERS, FUNERAL HOMES, and CREMATORIES
Section 1. Funeral Directors and Embalmers: Notwithstanding the provisions of MGL
Ch. 112, § 83 and 239 CMR 3.02, Type 3 Funeral Directors and Embalmers shall be
exempted from holding any ownership shares in any funeral establishment on Nantucket
Island.
Section 2. Establishments: Notwithstanding the provisions of 239 CMR 3.06.(1)(b),
any funeral establishment on Nantucket Island shall not be mandated to have a chapel;
and of 239 CMR 3.06 (1) f) any funeral establishment on Nantucket Island may consist
of more than one building or more than one lot of land, said buildings and/or lots shall
not be required to be adjoining or connecting.
Section 3. Notwithstanding the provisions of MGL Ch. 114, §43B, the placement of
any future crematory sited on Nantucket Island shall be determined by the Nantucket
Cemetery Commission, created pursuant to the Acts of 2011, Chapter 47, or a vote at
an Annual Town Meeting. Such crematory may be sited as an auxiliary use of any
public or private cemetery, or may be sited on a single parcel of town-owned land.
Section 4. This act shall take effect upon its passage.
Or to take any other action related thereto.
(Catherine Flanagan Stover, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
ARTICLE 65
(Home Rule Petition: Cessation of Longevity Payments for
Nantucket Town and County Employees)
To see if the Town will vote to present the Home Rule Petition as set forth below
to the General Court, that the Town’s representatives in the General Court be requested
to introduce the 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 petition within the scope of the public policy objectives of the Home Rule
Petition set forth below, or take any other action relative thereto:
An Act Relative to Longevity Payments for Employees of the Town and County of
Nantucket
SECTION 1. Notwithstanding section 7 of chapter 150E of the General Laws, or of any
other general or special law to the contrary, no individual commencing employment with
the Town or County of Nantucket on or after the effective date of this Act shall be eligible
to receive periodic payments to employees based on years of service, hereinafter
referred to as “longevity payments”, and such payments to such individuals commencing
employment with the Town or County of Nantucket on or after the effective date of this
Act shall not be a subject of collective bargaining between the Town and County of
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Nantucket and any of their collective bargaining units; provided, however, that any
employee of the Town or County of Nantucket covered on the effective date of this act
by a collective bargaining agreement, individual employment agreement, or personnel
policy or by-law providing for such payments shall continue to be eligible for longevity
payments.
SECTION 2. This act shall take effect upon its passage.
(Craig Spery, et al)
FINANCE COMMITTEE MOTION: Moved that the Town Meeting provide non-binding
guidance to Town Administration and the Board of Selectmen that the Town not provide
longevity payments to employees hired after this Town Meeting.
FINANCE COMMITTEE COMMENT: The Committee understands that Town
Administration and the Board of Selectmen have begun to examine and change the
manner in which the compensation benefit of longevity pay is handled. The Committee
encourages that effort to continue and during the discussion of the motion to this Article
determined that a “Non-Binding Sense of the Meeting” motion should be put forward to
Town Meeting because a home rule petition to allow the Town of Nantucket special
legislation to cease longevity pay seemed unlikely to be acted upon by the state
Legislature.
BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee
Motion and Comment.
ARTICLE 66
(Home Rule Petition: Relative to Retirement Benefits for
Nantucket Town and County Employees)
To see if the Town will vote to present the Home Rule Petition as set forth below
to the General Court, that the Town’s representatives in the General Court be requested
to introduce the 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 petition within the scope of the public policy objectives of the Home Rule
Petition set forth below, or take any other action relative thereto:
An Act relative to Retirement Benefits for Employees of the Town and County of
Nantucket
SECTION 1. Notwithstanding section 1 of chapter 32 of the General Laws, or of any
other general or special law to the contrary, no individual commencing employment with
the Town or County of Nantucket on or after the effective date of this Act shall be
deemed an “employee” under section 1 of said chapter 32 nor otherwise be eligible by
virtue of employment with said Town or County to participate in the Barnstable County
Retirement System or in any other contributory retirement system operated by the
Commonwealth or any political subdivisions thereof. This Act shall not preclude
persons employed by the Town or County of Nantucket from participating in a so-called
IRC Section 457 plan or comparable plan as may be sponsored by said Town or
County.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
SECTION 2. This act shall take effect upon its passage.
(Craig Spery, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Motion "To Take No Action" is not to be
viewed as a negative reflection of the article by the Finance Committee but was done to
allow the Selectmen and Town Administration time to compare and develop an overall
compensation strategy that is in-line with both the public and private sectors.
BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee
Motion and Comment.
ARTICLE 67
(Reaffirm Separation of Police and Fire Departments)
To see if the Town will vote to reaffirm the continuation of separate Fire and
Police Departments, with each department run by a fire chief and police chief, with each
being the distinct department head for their respective department, or take any other
action relative thereto.
(Jeffrey M. Allen, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
ARTICLE 68
(Non-binding “Sense of the Meeting” Request for
Town Support of “The Nantucket Life Foundation”)
To see if the Town will vote to support the formation of THE NANTUCKET LIFE
FOUNDATION. Said Foundation, a nonprofit organization, shall endeavor to purchase
the current funeral business, to petition the Town of Nantucket to provide land to
construct a not-for-profit funeral home, to hire and supervise employees, to establish a
not-for-profit crematory, and to assist the Nantucket Cemetery Commission to facilitate
the care and maintenance of Nantucket’s public cemeteries and ancient burial places.
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 understands the importance of
these issues. If and when a non-profit organization such as is described is established
and municipal property is sought, that would be the appropriate time to approach the
Town with a specific proposal.
ARTICLE 69
(Request for Establishment of Tick-borne Disease Reduction Committee)
To see if the Town will vote to establish a Tick-borne Disease Reduction
Committee.
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
(Carol Dunton, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: In the absence of an endorsement for this Article
from the Board of Health the Finance Committee does not recommend its
implementation. Acknowledging an immediate need for action, the Committee
advocates the Board of Health act to aggressively lead the Town's initiative against tick-
borne disease, including the composition of a long-term plan to determine its
epidemiology and incidence on Nantucket and coordinate measures to reduce it.
ARTICLE 70
(Request to Increase Town Meeting Quorum for Appropriations and Transfers)
To see if the Town will vote that no appropriations be made at any Annual Town
Meeting unless there are present voters constituting at least 8% of the registered voters;
provided, however, that said quorum would not be necessary to approve the transferring
of funds previously appropriated or from the surplus revenue accounts. In the event that
a vote is needed to approved the transference of such funds, there must be present at
least 6% of the registered voters.
(Carol Dunton, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
ARTICLE 71
(Non-Binding Resolution: Photovoltaic Solar)
To see if the Town will vote to: adopt a non-binding resolution directed to the
Board of Selectmen and the Airport Commission to pursue the development of
photovoltaic solar systems at the airport and wastewater treatment facility, or to take any
other action related thereto.
(Barbara Gookin, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The vote "To take no action" is not to be viewed
as a negative reflection of the Article by the Finance Committee. The Committee would
strongly consider supporting such a project if it was put forward by the Airport
management. However, the Committee believes the present focus should be on
achieving a profitable operation rather than diverting resources to a project that was
considered in the recent past.
ARTICLE 72
(Non-Binding Resolution: Renewable Energy Power Source
for Electric Vehicle Charging Stations)
To see if the Town will vote to: adopt a non-binding resolution directed to the
Town Administration to include an independent renewable energy power source for any
new electric vehicle charging stations, or to take any other action related thereto.
(Barbara Gookin, et al)
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FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
ARTICLE 73
(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 the purpose of lease or conveyance, 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 if the Board of Selectmen determines that the property should
be conveyed for affordable housing purposes, 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 property at 47 Boulevarde,
Assessor’s Map 79, Parcel 75 be transferred 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 the purpose of lease or conveyance, and to authorize the Board to lease
said land for a period of up to 50 years or convey said land, upon such terms and
conditions, and for such consideration, as the Board of Selectmen deems appropriate;
and provided further that if the Board of Selectmen determines that the property should
be conveyed for affordable housing purposes, the Board of Selectmen be authorized to
convey to a non-profit corporation, foundation, trust or organization an affordable
housing restriction in said property.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 74
(Real Estate Acquisition: 2 Bartlett Road)
To see if the Town will vote to authorize the Board of Selectmen to acquire by
purchase, gift or eminent domain, for public ways, open space and/or general municipal
purposes the fee title or lesser interests all or a portion of the land located at 2 Bartlett
Road, Assessor’s Map 67, Parcel 14.3.
And, to see if the Town will vote to appropriate, borrow pursuant to applicable statute or
transfer from available funds, a sum of money for such purposes
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby
authorized to acquire by purchase, gift, eminent domain or otherwise, the fee or lesser
interests in all or a portion of the land located at 2 Bartlett Road, Assessor’s Map 67,
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Parcel 14.3; further, that Two Hundred Seventy-five Thousand Dollars ($275,000) be
transferred from the Proceeds from Land Sales Account for such purpose.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 75
(Real Estate Conveyance: Industrial Land)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey
by lease not exceeding 99 years or otherwise dispose of the fee or lesser interests in all
or any portion of Lots F and G, and Shadbush Road between said parcels, not
exceeding five (5) acres, as shown on a plan entitled “Subdivision Plan of Land” dated
May 10, 2010 on file at the Nantucket Registry of Deeds at Plan No. 2010-62, which
parcels, respectively, are located at 3 Shadbush Road, Nantucket, MA, shown as Map
78, Parcel 4.5, and 11 Industry Road, Nantucket, MA, shown as Map 69, Parcel 295,
subject to compliance with Chapter 30B of the Massachusetts General Laws and a
finding by the Board of Selectmen that such sale, conveyance or release furthers
community planning and environmental protection goals.
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 75” dated
January 2013 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to
convey by lease not exceeding 99 years all or any portion of Lots F and G, and
Shadbush Road between said parcels, as shown on a plan entitled, “Subdivision Plan of
Land” dated May 10, 2010 on file at the Nantucket Registry of Deeds at Plan No. 2010-
62, which parcels, respectively, are located at 3 Shadbush Road, Nantucket, MA, shown
as Map 78 Parcel 4.5, and 11 Industry Road, Nantucket, MA, shown as Map 69 Parcel
295 subject to compliance with Chapter 30B of the Massachusetts General Laws and a
finding by the Board of Selectmen that such conveyance furthers community planning
and environmental protection goals and further provided:
No such lease shall be entered into until the Board of Selectmen has conducted a
study of a Nantucket’s current and long term bulk fuel storage needs, including
those of the Town departments and agencies and presented said findings
publicly. The study shall include and recommend the minimum area and
characteristics of a tank farm facility, provide data on the projected life-span of
equipment and infrastructure of such a facility and any other factors as shall be
determined by the Board of Selectmen;
The lease area shall be the minimum area needed to provide for said facility, may
provide for phasing and in no case shall exceed five (5) acres.
The Board of Selectmen is authorized to include conditions that restrict the use of
said parcel to energy-related uses only, impose conditions or prohibitions on the
ability to sub-lease, or any other restriction, condition or requirement at its
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discretion to ensure that the use of the subject land meets community goals as
identified above;
The Board of Selectmen may retain any easements or other property interests in
said parcels prior to any conveyance.
ARTICLE 76
(Real Estate Conveyance: Easements/Industry Road
and Shadbush Road; Map 78 Parcel 4)
To see if the Town will vote to authorize the Board of Selectmen to grant
permanent access and utility easements for the purposes of installing, operating and
maintaining certain electric distribution and telecommunication lines and equipment for
the purposes of transmitting electricity and intelligence, on, over, through and under land
owned by the Town situated at Industry Road and Shadbush Road within Map 78 Parcel
4; and to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby
authorized to grant permanent access and utility easements for the purposes of
installing, operating and maintaining certain electric distribution and telecommunication
lines and equipment for the purposes of transmitting electricity and intelligence, on,
over, through and under land owned by the Town situated at Industry Road and
Shadbush Road within Map 78 Parcel 4.
ARTICLE 77
(Real Estate Disposition: Long-term Lease Authorization, 14 Airport Road)
To see if the Town will vote to authorize the Airport Commission to lease for a
lease term not to exceed ten (10) years part of the following Town-owned property
located at 14 Airport Road, Map 78, Parcel 1, described as Airport Terminal
Concessions as depicted on Terminal First Floor Partial Plan - Area C, and prepared by
Earth Tech Architecture, for concession purposes, subject to Massachusetts G.L. c.
30B; and .to take any other action related thereto.
(Board of Selectmen for Airport Commission)
FINANCE COMMITTEE MOTION: Moved that the Airport Commission is hereby
authorized to lease for a lease term not to exceed ten (10) years part of the following
Town-owned property located at 14 Airport Road, Map 78, Parcel 1, described as
Airport Terminal Concessions as depicted on Terminal First Floor Partial Plan - Area C,
and prepared by Earth Tech Architecture, for concession purposes, subject to
Massachusetts G.L. c. 30B.
ARTICLE 78
(Real Estate Disposition: Long-term Lease Authorization/Town Property at Landfill)
To see if the Town will vote to authorize the Board of Selectmen to lease for a
lease term not to exceed twenty-five (25) years part of the following Town-owned
property located at 188 Madaket Road, and further described as Assessor Map 58,
Parcel 1 and Assessor Map 39, Parcel 14, for telecommunications tower purposes,
subject to Massachusetts G.L. c. 30B; and to take any other action related thereto.
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(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby
authorized to lease for a lease term not to exceed twenty-five (25) years part of the
following Town-owned property located at 188 Madaket Road, and further described as
Assessor Map 58, Parcel 1 and Assessor Map 39, Parcel 14, for telecommunications
tower purposes, subject to Massachusetts G.L. c. 30B.
ARTICLE 79
(Public Ways: Coffin, Fayette, Meader and Francis Streets)
To see if the Town will vote to accept Coffin, Fayette, Meader and Francis Streets
between Washington Street and Union Street as public ways, as laid out by the Board of
Selectmen; and further to authorize the Board of Selectmen to acquire by purchase, gift,
eminent domain, or otherwise the fee or any lesser interest in said roadways; and, to
raise and appropriate, borrow pursuant to applicable statute or transfer from available
funds, a sum of money for such purposes; or to take any other action relative there.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Coffin, Fayette, Meader and Francis
Streets between Washington Street and Union Street are accepted as public ways, as
laid out by the Board of Selectmen; and further that the Board of Selectmen is hereby
authorized to acquire by purchase, gift, eminent domain, or otherwise the fee or any
lesser interest in said roadways.
Quantum of vote required for passage of this motion is 2/3.
ARTICLE 80
(Real Estate Acquisition: Various “Paper” Streets and Misc. Parcels)
To see if the Town will vote to authorize the Board of Selectmen to acquire by
purchase, gift or eminent domain, for public ways, open space and/or general municipal
purpose and for the purpose of conveyance the fee title or lesser interests, together with
any public and private rights of passage, in all or any portions of the following
unconstructed right of ways or parcels of land:
Macy Street, New York Avenue and Clinton Street (Monomoy) from the
southern sideline of Monomoy Road (f.k.a. DeWolfe Avenue) to their
southern termini;
Tennessee Avenue (Madaket) between the eastern sideline of C Street
and the western sideline of D Street;
Saccacha Avenue (Cisco) from a line across said street approximately
300 feet from its terminus to its terminus;
South Miacomet Road (Cisco) from the western sideline of Westerwyck
Way to its terminus;
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
California and New Hampshire Avenues (Madaket) between the eastern
sideline of Ames Avenue and the western sideline of Massachusetts
Avenue;
Massachusetts Avenue (Madaket) between the a line extending the
southern sideline of Rhode Island Avenue and the southern sideline of
California Avenue;
Hinsdale Road (Mid-Island) between a line extending the westerly
sideline of a Proprietors Road across said street to a line extending the
western lot line of a property shown as Assessor Map 68, Parcel 404 (72A
Old South Road) across said street;
Weweeder Avenue between the eastern sideline of and the western
sideline of Barker Street (Maddequecham);
Monomoy Street between the northern sideline of East Lincoln Street to
the southern sideline of Northern Avenue; a portion of Galen Street from a
line extending the easterly property line of Assessor Map 29 Parcel 116
across Galen Street to the eastern sideline of Monomoy Street and all of
Northern Avenue as shown on Land Court Plan 14993A (Brant Point);
143 B Surfside Road, Assessor Map 80 Parcel 101.3;
Assessor Map 60.2.4 Parcel 53, Alabama Avenue (Madaket);
Assessor Map 92.4 Parcel 139, Nichols Road (Tom Nevers);
Assessor Map 60.3.1 Parcels: 192 and 394, New Hampshire Avenue
(Madaket);
Assessor Map 61.1.1 Parcels: 159 and 175, Missouri Avenue (Esther’s
Island);
Assessor Map 61.1.4 Parcels 75 and 76, Wisconsin Avenue (Esther’s
Island);
Assessor Map 36.3.2 Parcels 2, 5 and 8, New York Avenue (Esther’s
Island/Smith’s Point);
2408 F Sheet 1, all lots in Blocks 6,7,8,9,and 10; 2408F Sheet 2, all lots in
Blocks 1,2,3,4 and 5; 2408P Block 63, Lots 31 and 32, 2408R Block 78
Lots 8 and 9: 2408 S Block 50 Lots 1-14; Block 57, Lots 16, 17, 20,21, 26-
31; and Block 58 Lots 25-41, Block 64 1 and 2; 2408 T Block 67 Lots 6
and 7 (Esther’s Island/Smith’s Point);
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 80
Acquisition and Disposition of Various “Paper” Streets and Misc. Parcels” dated January
2013 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby
authorized to acquire by purchase, gift or eminent domain, for public ways, open space
and/or general municipal purpose and for the purpose of conveyance the fee title or
lesser interests, together with any public and private rights of passage, in all or any
portions of the following unconstructed right of ways or parcels of land:
Macy Street, New York Avenue and Clinton Street (Monomoy) from the
southern sideline of Monomoy Road (f.k.a. DeWolfe Avenue) to their
southern termini;
Tennessee Avenue (Madaket) between the eastern sideline of C Street
and the western sideline of D Street;
Saccacha Avenue (Cisco) from a line across said street approximately
300 feet from its terminus to its terminus;
South Miacomet Avenue (Cisco) from the western sideline of Westerwyck
Way to its terminus;
California and New Hampshire Avenues (Madaket) between the eastern
sideline of Ames Avenue and the western sideline of Massachusetts
Avenue;
Massachusetts Avenue (Madaket) between the a line extending the
southern sideline of Rhode Island Avenue and the southern sideline of
California Avenue;
Weweeder Avenue between the eastern sideline of Jefferson Street and
the western sideline of Barker Street (Maddequecham);
Monomoy Street between the northern sideline of East Lincoln Street to
the southern sideline of Northern Avenue; a portion of Galen Street from a
line extending the easterly property line of Assessor Map 29 Parcel 116
across Galen Street to the eastern sideline of Monomoy Street and all of
Northern Avenue as shown on Land Court Plan 14993A (Brant Point);
143 B Surfside Road, Assessor Map 80 Parcel 101.3;
Assessor Map 92.4 Parcel 139, Nichols Road (Tom Nevers);
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
And further that the Board of Selectmen is hereby authorized to acquire by purchase,
gift or eminent domain, for open space and for the purpose of conveyance to the
Nantucket Islands Land Bank, the fee title or lesser interests, together with any public
and private rights of passage, in all or any portions of the following unconstructed right
of ways or parcels of land:
Hinsdale Road (Mid-Island) between a line extending the westerly
sideline of a Proprietors Road across said street to a line extending the
western lot line of a property shown as Assessor Map 68, Parcel 404
(72A Old South Road) across said street;
Assessor Map 60.2.4 Parcel 53, Alabama Avenue (Madaket);
Assessor Map 60.3.1 Parcels: 192 and 394, 43 and 9 New Hampshire
Avenue (Madaket);
Assessor Map 61.1.1 Parcels: 159 and 175, Missouri Avenue (Esther’s
Island);
Assessor Map 61.1.4 Parcels 75 and 76, Wisconsin Avenue (Esther’s
Island);
Assessor Map 36.3.2 Parcels 2, 5 and 8, New York Avenue (Esther’s
Island/Smith’s Point);
2408 F Sheet 1, all lots in Blocks 6,7,8,9,and 10; 2408F Sheet 2, all lots in
Blocks 1,2,3,4 and 5; 2408P Block 63, Lots 31 and 32, 2408R Block 78
Lots 8 and 9: 2408 S Block 50 Lots 1-14; Block 57, Lots 16, 17, 20,21, 26-
31; and Block 58 Lots 25-41, Block 64 1 and 2; 2408 T Block 67 Lots 6
and 7 (Esther’s Island/Smith’s Point).
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 80
Acquisition and Disposition of Various “Paper” Streets and Misc. Parcels” dated January
2013 and filed herewith at the Office of the Town Clerk.
ARTICLE 81
(Real Estate Conveyance: Various “Paper” Streets and Misc. Parcels)
To see if the Town will vote to authorize the Board of Selectmen to (1) sell,
convey or otherwise dispose of the fee or lesser interests of all or any portion of the
subject land pursuant to Chapter 30B of the Massachusetts General Laws and
guidelines established under the “Nantucket Yard Sales” program on file at the Board of
Selectmen’s office, (2) dedicate all or any portion of the subject land for open space and
recreational purposes, and/or (3) sell, convey or otherwise dispose of the fee or lesser
interests of all or any portion of the subject land to the Nantucket Islands Land Bank,
any such disposition to be on such terms and conditions as the Board of Selectmen
deem appropriate, which may include the reservation of easements and restrictions, in
regard to the following land:
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Macy Street, New York Avenue and Clinton Street (Monomoy) from the
southern sideline of Monomoy Road (f.k.a. DeWolfe Avenue) to their
southern termini;
Tennessee Avenue (Madaket) between the eastern sideline of C Street
and the western sideline of D Street;
Saccacha Avenue (Cisco) from a line across said street approximately
300 feet from its terminus to its terminus;
South Miacomet Road (Cisco) from the western sideline of Westerwyck
Way to its terminus;
California and New Hampshire Avenues (Madaket) between the eastern
sideline of Ames Avenue and the western sideline of Massachusetts
Avenue;
Massachusetts Avenue (Madaket) between the a line extending the
southern sideline of Rhode Island Avenue and the southern sideline of
California Avenue;
Hinsdale Road (Mid-Island) between a line extending the westerly
sideline of a Proprietors Road across said street to a line extending the
western lot line of a property shown as Assessor Map 68, Parcel 404 (72A
Old South Road) across said street;
Weweeder Avenue between the eastern sideline of and the western
sideline of Barker Street (Maddequecham);
Monomoy Street between the northern sideline of East Lincoln Street to
the southern sideline of Northern Avenue; a portion of Galen Street from a
line extending the easterly property line of Assessor Map 29 Parcel 116
across Galen Street to the eastern sideline of Monomoy Street and all of
Northern Avenue as shown on Land Court Plan 14993A (Brant Point);
5 (Lot 3 containing 38,010 square feet shown on Plan 2010-35 on file at
the Nantucket Registry of Deeds) and 9 (Lot 2 containing 26,461 square
feet shown on Plan 2010-35 on file at the Nantucket Registry of Deeds)
Miacomet Road, Assessor Map 67 Parcels 680 and 679;
143B Surfside Road, Map 80 Parcel 101.3;
143A Surfside Road, Map 80 Parcel 101.2;
2 Ames Avenue, Map 60 Parcel 138 (Madaket);
15 Ames Avenue, Map 60.2.4 Parcels 27 and 29 (Madaket);
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Parcel G and a portion of Parcel C on Plan No. 2012-20 (formerly part of
the Boulevarde (Madequecham));
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 81
Acquisition and Disposition of Various “Paper” Streets and Misc. Parcels” dated January
2013 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby
authorized to (1) sell, convey or otherwise dispose of the fee or lesser interests of all or
any portion of the following subject land pursuant to Chapter 30B of the Massachusetts
General Laws and guidelines established under the “Nantucket Yard Sales” program on
file at the Board of Selectmen’s office or (2) dedicate all or any portion of the following
land for open space and recreational purposes, 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 subject land:
Macy Street, New York Avenue and Clinton Street (Monomoy) from the
southern sideline of Monomoy Road (f.k.a. DeWolfe Avenue) to their
southern termini;
Tennessee Avenue (Madaket) between the eastern sideline of C Street
and the western sideline of D Street;
Saccacha Avenue (Cisco) from a line across said street approximately
300 feet from its terminus to its terminus;
South Miacomet Avenue(Cisco) from the western sideline of Westerwyck
Way to its terminus;
California and New Hampshire Avenues (Madaket) between the eastern
sideline of Ames Avenue and the western sideline of Massachusetts
Avenue;
Massachusetts Avenue (Madaket) between the a line extending the
southern sideline of Rhode Island Avenue and the southern sideline of
California Avenue;
Weweeder Avenue between the eastern sideline of and the western
sideline of Barker Street (Maddequecham);
Monomoy Street between the northern sideline of East Lincoln Street to
the southern sideline of Northern Avenue; a portion of Galen Street from a
line extending the easterly property line of Assessor Map 29 Parcel 116
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
across Galen Street to the eastern sideline of Monomoy Street and all of
Northern Avenue as shown on Land Court Plan 14993A (Brant Point);
143B Surfside Road, Map 80 Parcel 101.3;
143A Surfside Road, Map 80 Parcel 101.2;
2 Ames Avenue, Map 60 Parcel 138 (Madaket);
15 Ames Avenue, Map 60.2.4 Parcels 27 and 29 (Madaket);
Parcel G and a portion of Parcel C on Plan No. 2012-20 (formerly part of
the Boulevarde (Madequecham));
And further that the Board of Selectmen is authorized to (1) dedicate all or any portion of
the following subject land for open space and recreational purposes, and/or (2) sell,
convey or otherwise dispose of the fee or lesser interests of all or any portion of the
following subject land to the Nantucket Islands Land Bank,
Hinsdale Road (Mid-Island) between a line extending the westerly
sideline of a Proprietors Road across said street to a line extending the
western lot line of a property shown as Assessor Map 68, Parcel 404
(72A Old South Road) across said street provided that an easement to
retain or develop walking trails for use by the general public is retained
over any portion of the land that is conveyed to the Nantucket Islands
Land Bank;
5 (Lot 3 containing 38,010 square feet shown on Plan 2010-35 on file at
the Nantucket Registry of Deeds) and 9 (Lot 2 containing 26,461 square
feet shown on Plan 2010-35 on file at the Nantucket Registry of Deeds)
Miacomet Road, Assessor Map 67 Parcels 680 and 679;
All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 81
Acquisition and Disposition of Various “Paper” Streets and Misc. Parcels” dated January
2013 and filed herewith at the Office of the Town Clerk.
ARTICLE 82
(Real Estate Acquisition: 42 Sparks Avenue)
To see if the Town will vote to authorize the Board of Selectmen to acquire by
eminent domain, purchase or gift, the fee interest in the following property, for roadway,
bike path, pedestrian access, school-related or cemetery purposes, and if acquired for
cemetery purposes, to place such property in the care, custody and control of the
Nantucket Cemetery Commission:
Assessors Map 55 Parcel 601 known as 42 Sparks Avenue shown as Lot
A containing 13,816 square feet of land
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
As shown on a “Plan of Land in Nantucket, Mass.”, dated December 19, 1997 on file at
the Nantucket Planning Board at Plan File 6235.
Or to take any other action related thereto.
(Board of Selectmen for Cemetery Commission)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby
authorized to acquire by eminent domain, purchase or gift, the fee interest in the
following property, for roadway, bike path, pedestrian access, school-related or
cemetery purposes, and if acquired for cemetery purposes, to place such property in the
care, custody and control of the Nantucket Cemetery Commission:
Assessors Map 55 Parcel 601 known as 42 Sparks Avenue shown as Lot
A containing 13,816 square feet of land
As shown on a “Plan of Land in Nantucket, Mass.”, dated December 19, 1997 on file at
the Nantucket Planning Board at Plan File 6235.
ARTICLE 83
(Real Estate Acquisition/Conveyance: 40 Sparks Avenue)
To see if the Town will vote to authorize the Board of Selectmen to acquire by
eminent domain, purchase or gift, the fee interest in the following property, for general
municipal, cemetery or open space purposes or for the purposes of conveyance; if
acquired for general municipal or open space purposes, the property shall be placed in
the care, custody and control of the Board of Selectmen; if acquired for cemetery
purposes, to place such property in the care, custody, and control of the Nantucket
Cemetery Commission; if acquired for the purposes of conveyance, to further authorize
the Board of Selectmen to convey, sell or dispose of the fee or any lesser interests in all
or any portion of the land identified below to the Nantucket Islands Land Bank or for any
legal purpose subject to MGL Chapter 30B, 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:
Assessors Map 55 Parcel 602 known as 40 Sparks Avenue shown as Lot A
containing 36,511 square feet of land
As shown on a “Plan of Land in Nantucket, Mass.”, dated December 19, 1997 on file at
the Nantucket Planning Board at Plan File 6235.
Or to take any other action related thereto.
(Board of Selectmen for Cemetery Commission)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby
authorized to acquire by eminent domain, purchase or gift, the fee interest in the
following property, for general municipal, cemetery or open space purposes or for the
purposes of conveyance; if acquired for general municipal or open space purposes, the
property shall be placed in the care, custody and control of the Board of Selectmen; if
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
acquired for cemetery purposes, to place such property in the care, custody, and control
of the Nantucket Cemetery Commission; if acquired for the purposes of conveyance, to
further authorize the Board of Selectmen to convey, sell or dispose of the fee or any
lesser interests in all or any portion of the land identified below to the Nantucket Islands
Land Bank or for any legal purpose subject to MGL Chapter 30B, 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:
Assessors Map 55 Parcel 602 known as 40 Sparks Avenue shown as Lot A
containing 36,511 square feet of land
As shown on a “Plan of Land in Nantucket, Mass.”, dated December 19, 1997 on file at
the Nantucket Planning Board at Plan File 6235.
ARTICLE 84
(Authorization for Lease at Landfill for Community Scale Wind Turbine)
To see if the Town will vote to: authorize the Board of Selectmen to enter into a
lease or other arrangement with a vendor, subject to the provisions of any existing land
lease, at the Nantucket landfill for the development of a community scale wind turbine
similar in size and specifications to the Nantucket High School wind turbine for a term
not to exceed twenty years, and further to authorize the Board of Selectmen to enter into
a Power Purchase Agreement with the lessee for the purchase of the electricity
generated by the wind turbine on such terms and conditions as the Board of Selectmen
deem to be in the best interests of the Town, or to take any other action related thereto.
(Barbara Gookin, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Finance Committee looks forward to the work
product of the work group established by the Motion to Article 41.
ARTICLE 85
(Real Estate: Martin’s Lane)
To see if the Town will vote to: instruct the Board of Selectmen/County
Commissioners to abolish the use of Martins lane from motorized traffic and convert it to
a pedestrian use only.
(John F. McLaughlin, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
ARTICLE 86
(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
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
money or for any other lawful purpose; said sum not to exceed ten percent (10%) of the
Fiscal Year 2013 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 87
(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 APPROVAL: Moved to take no action on the Article.
*********************************************************************
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
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 30 through 40 is printed in the Warrant, this report provides additional
information to help voters understand the basis for each motion. In an effort to provide
better information about the planning process, the Board feels it is important to add this
report and a glossary to the Warrant. The Board is guided by the approved Master
Plan, unanimously accepted by Town Meeting in April of 20091. Overall, the Board’s
motions are consistent with the goals and policies of the Master Plan and they represent
a balanced approach to guiding the community’s future physical development. The
information on each article is as follows:
Articles 32, 33, and 35 are Zoning Map changes sponsored by the Planning Board and
Article 38 is citizen sponsored. In their development and review, the Board considered
compliance with the Master Plan, including, but not limited to, such policies as:
Advancing Master Plan actions identified in the “Zoning District
Implementation Schedule”2.
Matching zoning districts with the character of the surrounding area3
Phasing out certain zoning districts4
Fostering the creation of area plans and removing commercial zoning from
exclusively residential areas5
Encouraging small neighborhood centers with mixed-use development6
Addressing issues in 2 of 18 identified Planning Areas7
The Board only recommended articles that either advance or compliment policy and
implementation goals. Overall, the proposed map changes match the existing character
of the area with the designated zoning districts, remove commercial development
potential in exclusively residential areas, and focus commercial development in
identified neighborhood centers8.
Articles 30, 31, 34, 37, 39 and 40 are Zoning Bylaw amendments. Article 30 is Planning
Board sponsored and the most comprehensive, including: the addition of new uses and
the restriction of existing uses in certain districts to encourage property owners to work
cooperatively with the Planning Board on the “Zoning District Implementation
1 Warrant Article 26 of the 2009 Annual Town Meeting 2 2009 Nantucket Master Plan, Figure 39, page 90 (Articles 32 and 33) 3 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.3, page 90 (Articles 32, 33, 35, and 38) 4 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.1a, page 90 (Articles 32 and 33) 5 2009 Nantucket Master Plan, Goal 2.2 Policy 2.2.1 and 2.2.3, page 91 (Article 32)
6 2009 Nantucket Master Plan, Goal 2.2 Policy 2.2.2, page 91 (Article 33) 7 2009 Nantucket Master Plan, Figure 17, page 48 (Articles 32 and 33) 8 2009 Nantucket Master Plan, Figure 15, page 46 (Article 33)
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Schedule”9, the addition of a “medical marijuana treatment center” as a use allowed by
special permit in two districts (this is being added legislation , and some needed
“housekeeping” corrections to increase the “user friendliness” of the Bylaw.
Planning Board sponsored Articles 31, 34, and 37 and citizen sponsored Article 40 have
indirect Master Plan relevance and they were supported by the Planning Board for valid
planning or common sense practice. Article 31 refines the “formula business
establishment” definition (see comment in Article 31), 34 corrects Town and Country
Overlay District anomalies10, 37 adjusts the intensity regulations for VR and VTEC, and
40 allows existing cooperatively owned dwelling units to be converted to condominium
ownership, which has no effect on density. Article 39 (a citizen sponsored article) was
not supported by the Planning Board for reasons articulated in the comment section of
Article 39.
Although Article 41 was not submitted as a zoning article and was found to be flawed by
Town Counsel, Zoning Bylaw amendments to alter the requirement for land based wind
energy systems would need to be considered if components of this article move forward
at a future Town Meeting. We support the motion made by the Finance Committee to
refer this matter to the Planning Board for further study.
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 and Land Use Services staff at 508-325-7587.
9 2009 Nantucket Master Plan, Figure 39, page 90 (Article 30)
10 2009 Nantucket Master Plan, Figure 16, page 47 and Goal 2.2 Policy 2.2.1, page 90 (Article 34)
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
Zoning Article Glossary
The Planning Board has provided this glossary to serve as a summarized reference for
selected terms in Articles 30 through 40.
Articles 32, 33, 34, 35, and 38
The intensity regulations, pursuant to the Code of the Town of Nantucket, Chapter 139
(Zoning), section 16 are referenced below.
Intensity Regulations - Zoning Bylaw Section 139-16
Yard Setback
Zoning
District
Minimum
Lot Size
(square feet)
Front
(feet)
Rear/Side
(feet)
Frontage
(feet)
Ground
Cover
Ratio
SR/R-20 20,000 30 10 75 12.5%
SR-10 10,000 15 5 75 25%
R-10 10,000 20 10 75 25%
R-1 5,000 10 5 50 30%
R-5 5,000 10 5: side
10: rear 50 40%
RC-2 5,000 10 5 40 50%
LC 5,000 0 5 40 50%
CN 7,500 10 5: side
10: rear 50 40%
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)
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Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions
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 30
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)
Accessory Use – separate structures, buildings or uses which are subordinate and
customarily incidental to a principal structure, building or use located on the same lot.
Accessory uses shall not be construed to include a building or structure used in whole or
in part for human habitation. (Source: Chapter 139 of the Code of the Town of
Nantucket, section 2)