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COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
2021 ANNUAL TOWN MEETING
Saturday, June 5, 2021 – 9:00 AM
Nantucket Public Schools
BACKUS PLAYING FIELD
Saturday, June 5, 2021 – 9:00 AM
RAIN DATE: Sunday, June 6, 2021 – 9:00 AM
Page i Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
(508) 228-7255
www.nantucket-ma.gov
SELECT BOARD
Dawn E. Hill Holdgate, Chair
Jason M. Bridges, Vice Chair
Matthew G. Fee
Kristie Ferrantella
Melissa K. Murphy
FINANCE COMMITTEE
Denice Kronau, Chair
Stephen Maury, Vice Chair
Christopher Glowacki
Joseph T. Grause, Jr.
George Harrington
Peter A. McEachern
Joanna Roche
Peter N. Schaeffer
Jill Vieth
PLANNING BOARD
Judith Wegner, Chair
John F. Trudel III, Vice Chair
David Iverson
Nathaniel Lowell
Frederick “Fritz” McClure
MODERATOR
Sarah F. Alger
Page ii Town of Nantucket 2021 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 Bevin Bixby
Page iii Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET 2021 ANNUAL TOWN MEETING
TABLE OF CONTENTS
Article Number Page Number
- Sense of the Meeting Request – Small Mesh Fishing Gear 1
1 Receipt of Reports 1
2 Appropriation: Unpaid Bills 1
3 Appropriation: Prior Year Articles 2
4 Revolving Accounts: Spending Limits for FY 2022 4
5 Appropriation: Reserve Fund 5
6 Fiscal Year 2021 General Fund Budget Transfers 5
7 Personnel Compensation Plans for Fiscal Year 2022 6
8 Appropriation: Fiscal Year 2022 General Fund Operating Budget 8
9 Appropriation: Health and Human Services 11
10 Appropriation: General Fund Capital Expenditures 12
11 Appropriation: Newtown Road Transportation Improvements 19
12 Appropriation: Reconstruction of Lover’s Lane 19
13
Appropriation: Construction and Improvements to Children’s Beach
Storm Water Pump Station 20
14 Appropriation: Supplemental Funding for Construction of Nobadeer Field House 21
15 Appropriation: Fiscal Year 2022 Enterprise Funds Operations 22
16 Appropriation: Enterprise Funds Capital Expenditures 23
17 Enterprise Funds: Fiscal Year 2021 Budget Transfers 29
18 Appropriation: Waterways Improvement Fund 31
19 Appropriation: Ambulance Reserve Fund 31
20 Appropriation: Ferry Embarkation Fee 32
21 Appropriation: County Assessment 32
22 Appropriation: Finalizing Fiscal Year 2022 County Budget 32
23 Appropriation: Affordable Housing Trust Fund 33
24 Appropriation: Affordable Housing Trust Fund 33
25 Rescind Unused Borrowing Authority 34
26 Appropriation: Other Post-Employment Benefits Trust Fund 34
27 Renewal of Board of Health Septic System Betterment Loan Program 35
28 Special Stabilization Fund for Substance Abuse Efforts 35
29 Appropriation: Fiscal Year 2022 Senior Work-off Program 36
30 Appropriation for Special Purpose Stabilization Fund for Airport Employee Accrued Liabilities 36
31 Appropriation for Special Purpose Stabilization Fund for Town Employee 37
Page iv Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2021 ANNUAL TOWN MEETING TABLE OF CONTENTS
Article
Number
Page Number
Accrued Liabilities
32
Appropriation: Fiscal Year 2022 Community Preservation
Committee/Beaugrand 37
33 Community Preservation Committee: Fiscal Year 2021 Budget Transfers/Beaugrand 42
34 Appropriation: Incineration of Solid Waste/C. Williams 44
35 Appropriation: Legal Opinion for Beach Access/C. Williams 45
36 Appropriation: Hazardous Waste/Lowell 45
37 Re-establish Parks and Recreation Department/Zodda 46
38 Affordable and Year-round Housing Stabilization Fund/Reade 46
39 Zoning Map Change: CTEC to R-5 – Grey Lady Lane and Bartlett Road 47
40 Zoning Map Change: RC-2 to R-5 – 8 and 10 Appleton Road 48
41
Zoning Map Change: RC-2 to CTEC – Appleton Road, Bartlett Road and
Perry Lane 49
42 Zoning Map Change: R-5 to CN - Bartlett Road and Young’s Way 50
43
Zoning Map Change: RC-2 to R-5 and/or CN – 33 Old South Road and
24 Ticcoma Way 51
44 Zoning Map Change: RC-2 to R-5 – Toms Way 52
45
Zoning Map Change: RC to CN – Francis, Union, and Washington
Streets, and Salt Marsh Way 53
46 Zoning Map Change: R-20 and LUG-2 to VR – Osprey and Tautemo Way, and Hummock Pond Road 55
47
Zoning Bylaw Amendment and Zoning Map Amendment: Technical
Amendments 60
48 Zoning Bylaw Amendment: Swimming Pool - Residential 63
49
Zoning Map Change: RC-2 to CN and/or LUG-2, and LUG-2 to CN –
Bartlett Farm Road/Bartlett 65
50 Zoning Map Change: R-5 to CN – 10 and 12 Young’s Way/Schulz 66
51 Zoning Map Change: SR-10 to SR-1 or SOH – 10 Clifton Street/Brescher 67
52 Zoning Map Change: R-10 to CN – 3 Cobble Court/Ottison 67
53
Zoning Map Change: VR to VN – Polpis Road and Chatham Road/Von
Kampen 68
54 Zoning Map Change: VR to R-20 – Chatham Road, Monomoy Road, Milestone Road and Polpis Road/Von Kampen 68
55 Zoning Map Change: LUG-1 to R-20 – Chatham Road/D. Ryder 70
56 Zoning Map Change: LUG-1 to VR - 8 and 10 Chatham Road/D. Ryder 71
57
Zoning Map Change: R-20 to R-5 – Mayflower Circle and Evergreen
Way/L. Williams 72
Page v Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2021 ANNUAL TOWN MEETING TABLE OF CONTENTS
Article
Number
Page Number
58
Zoning Map Change: R-20 to CTEC and/or CN – Old South Road and
Airport Road/Hanlon 72
59 Zoning Map Change: LUG-1 to R-40 - 18 Evergreen Way/B. Ryder 73
60 Zoning Map Change: LUG-2 to R-20 – Rugged Road/Schreiber 74
61 Zoning Map Change: LUG-3 to LUG-1 – Driscoll Way/Driscoll 74
62 Zoning Bylaw Amendment: Island Perimeter Restrictions/Molden 75
63
Zoning Bylaw Amendment: Commercial Mid-Island – Height
Restriction/Oliver 78
64 Zoning Bylaw Amendment/Home Rule Petition: Coastal Erosion Liability Waiver/Atherton 79
65 Affordable Housing Requirements/Lowell 82
66 Public Property Damage/Lowell 83
67 Prohibiting Roundabouts Near Schools/McGrady 83
68
Real Estate Transfer: Land from Roadway/Roundabout Purposes to
School Committee Control/McGrady 83
69 Complaint Committee/T. Williams 84
70 Bylaw Amendment: Noise 84
71 Bylaw Amendment: Noise/Zimicki 93
72 Bylaw Amendment: Council for Human Services 94
73 Bylaw Amendment: Animals 95
74 Bylaw Amendment: Car Rental Agencies, Registration of 95
75 Bylaw Amendment: Single-Use Plastics/Mandel 98
76 Bylaw Amendment: Bicycles (Bicycle Right of Way)/Golding 108
77 Bylaw Amendment: Bicycles (Bicycle Passing Buffer Zone)/Golding 109
78 Bylaw Amendment: Bicycles (Bicycle Accident Database)/Golding 111
79 Bylaw Amendment: Outdoor Lighting/L. Williams 111
80 Bylaw Amendment: Noise – Gas-powered Leaf Blowers/Lindner 112
81 Bylaw Amendment: Community Preservation Committee/Beaugrand 112
82 Bylaw Amendment: Streets and Sidewalks/Kuester 114
83
Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District
Map Changes – Evergreen Way and Monohansett Road 115
84 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Change - 18 Evergreen Way/B. Ryder 117
85
Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map
Change - 154R Cliff Road/Swain 117
86
Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map
Change - 18 Kimball Avenue/Swain 117
Page vi Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2021 ANNUAL TOWN MEETING TABLE OF CONTENTS
Article
Number
Page Number
87
Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer
District Map Change - 8 Isobels Way/Beaudette 118
88 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Change – 1 Morgan Square/Geddes 119
89
Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map
Change – Kimball Avenue and Heather Lane/L. Williams 119
90 Bylaw: Short-Term Rentals/Glidden 120
91 Bylaw: Safety of Drinking Water/Glowacki 124
92 Home Rule Petition: Real Estate Exchange of Nantucket Islands Land Bank’s Nobadeer Playing Fields for the Town of Nantucket’s Mill Hill Park 125
93
Home Rule Petition: Amending the Town Charter Relative to the Audit
Committee 128
94
Home Rule Petition: Town Charter – Select Board Amendment/Airport
Capital Projects 132
95 Home Rule Petition: Issuance of Pension Obligation Bonds and Notes 135
96 Charter Change: Mailing of Town Meeting Warrant/Barada 139
97
Home Rule Petition: Allocate Portion of Land Bank Real Estate Transfer
Fee to Support Year-Round Housing/Mohr 140
98 Real Estate: Long-term Lease Authorization/Airport 141
99 Real Estate Acquisition: 114 Orange Street 142
100 Real Estate Conveyance: 114 Orange Street 142
101 Real Estate Acquisition: 64 North Liberty Street 143
102 Real Estate Acquisition: Morgan Square/Callahan 144
103 Real Estate Conveyance: Morgan Square/Callahan 144
104 Real Estate Acquisition: Hancock Street/Maier 144
105 Real Estate Conveyance: Hancock Street/Maier 145
106 Real Estate Acquisition: “Way” off of Quail Lane/Garnett 145
107 Real Estate Conveyance: “Way” off of Quail Lane/Garnett 146
108 Real Estate Acquisition: “Way” off Hawthorne Lane/Roethke 147
109 Real Estate Conveyance: “Way” off Hawthorne Lane/Roethke 147
110 Adopt Indigenous Peoples’ Day Locally in Place of Columbus Day/Osley 147
111 Appropriation: Stabilization Fund 148
112 Appropriation: Free Cash 148
Planning Board Report 149
Zoning Article Glossary 151
Zoning Districts by Land Area 154
Page vii Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
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.
Page 1 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
SENSE OF THE MEETING REQUEST REGARDING SMALL MESH FISHING GEAR CLOSURE
In the continuing efforts to be excellent stewards of the waters and fisheries around Nantucket Island the citizens of Nantucket are requesting improved
management of our waters for present and future generations. Protection of spawning squid and squid mops, river herring, and sea herring are critical components to
managing these resources. To that end Nantucket is requesting equivalent protection to
the other 90% of Massachusetts coastal communities as shown on the attached map. This map shows 70 coastal communities in Massachusetts, 63 of which have a great
level of habitat and fisheries protection. Nantucket has not been afforded such protection to date. The citizens of Nantucket are all taxpayers in the Commonwealth of
Massachusetts like the other coastal communities on the attached map and should be afforded the same protection as the majority of the Commonwealth’s coastal
communities.
The citizens of Nantucket are requesting a mobile gear closure (bottom and
midwater draggers and hydraulic and regular clam dredges) with no waivers, letters of authorization or other means of waving the closure. This area would extend out to 3
miles from the Nantucket archipelago including Nantucket, Tuckernuck and Muskeget
from May 1 thru October 31.
(Select Board)
ARTICLE 1 (Receipt of Reports)
To receive the reports of various departments and committees as printed in the
Fiscal Year 2020 Annual Town Report or as may come before this meeting; or to take any other action related thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved that the reports of various departments and
committees as printed in the Fiscal Year 2020 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.
(Select Board)
FINANCE COMMITTEE MOTION: Moved that Twenty-eight Thousand Eight Hundred Thirty-eight Dollars and Eight Cents ($28,838.08) be transferred from Free Cash to pay
the General Fund unpaid bills from prior fiscal years; that Five Thousand Two Hundred Twenty-five Dollars and Seventy-eight Cents ($5,225.78) be appropriated from Retained
Page 2 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Earnings of Our Island Home Enterprise Fund to pay Our Island Home Enterprise Fund unpaid bills from prior fiscal years:
DEPARTMENT VENDOR AMOUNT
Fire Ricoh $125.64
Fire Nantucket Cottage Hospital $627.00
Planning & Land Use Services Earle & Sullivan $3,418.75
Department of Public Works Associated Elevator $199.00
Department of Public Works Ricoh $227.12
Department of Public Works Nantucket Islands Land Bank $1,200.00
Department of Public Works Terminix $145.00
Department of Public Works Superior Industrial $278.52
Department of Public Works Dobbert Heating $9,700.00
Department of Public Works Dobbert Heating $1,249.00
Department of Public Works Dobbert Heating $3,170.00
Department of Public Works Environmental Partners $2,101.15
Department of Public Works Environmental Partners $2,466.07
Department of Public Works Kenneth C. Howard $1,418.45
Department of Public Works Ricoh $77.98
Department of Public Works Carey Auto Inc. $416.96
Department of Public Works W.B. Mason $8.67
Culture and Tourism Ricoh $56.02
Finance W.B. Mason $24.00
Finance W.B. Mason $8.67
Planning & Land Use Services Pesce Engineering & Assoc $1,336.58
Planning & Land Use Services Pesce Engineering & Assoc $474.08
Natural Resources Ricoh $109.42
Subtotal General Fund $28,838.08
Our Island Home Cross Country Staffing $2,421.25
Our Island Home e-solutions $404.53
Our Island Home Einstein Flaherty Associates $2,400.00
Subtotal OIH Enterprise Fund $5,225.78
ARTICLE 3
(Appropriation: Prior Year Articles) To see what sum 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.
(Select Board) FINANCE COMMITTEE MOTION: Moved that the following appropriations and
transfers are made for prior year articles:
Page 3 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
DEPARTMENT FROM TO AMOUNT
Department of
Public Works (DPW)
Article 10 of the 2016
Annual Town Meeting (Surfside/Bartlett Roads
Round-about)
Article 10 of the 2019
Annual Town Meeting (Island-wide Road Repairs)
$98,528.29
DPW Article 10 of the 2017 Annual Town Meeting (Old
South Road/Fairgrounds Roads Rotary)
Article 10 of the 2019 Annual Town Meeting
(Island-wide Road Repairs)
$105,989.75
DPW Article 38 of the 2015 Annual Town Meeting
(Archival Vault System)
Article 10 of the 2019 Annual Town Meeting
(Island-wide Road Repairs)
$19,400.00
Information
Technology
Article 10 of the 2016
Annual Town Meeting (Implement
Comprehensive E-Permitting) ($17,423.92) &
Article 10 of the 2017 Annual Town Meeting (Update GIS Digital
Images) ($4,788.65)
FY 2021 Information
Technology, Professional Services Budget
$22,212.57
Information Technology Article 10 of the 2017 Annual Town Meeting
(Update GIS Digital Images)
FY 2021 Information Technology, Professional
Services Budget
$7,533.00
Information
Technology
Article 10 of the 2017
Annual Town Meeting (Update GIS Digital
Images)
FY 2021 Information
Technology, Professional Services Budget
$25,000.00
Information Technology Article 10 of the 2017 Annual Town Meeting
(Update GIS Digital Images)
FY 2021 Information Technology, Professional
Services Budget
$9,150.00
Information
Technology
Article 10 of the 2017
Annual Town Meeting (Update GIS Digital
Images)
FY 2021 Information
Technology, Professional Services Budget
$6,157.65
Information Technology Article 10 of the 2017 Annual Town Meeting
(Update GIS Digital Images)
FY 2021 Information Technology, Professional
Services Budget
$5,500.00
Information
Technology
Article 10 of the 2017
Annual Town Meeting (Update GIS Digital Images)
FY 2021 Information
Technology, Professional Services Budget
$5,000.00
Subtotal General Fund $304,471.26
Page 4 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Airport Article 12 of the 2018
Annual Town Meeting (Temporary Seasonal Passenger Hold Room)
Article 20 of the 2019
Annual Town Meeting (Repair Fuel Farm)
$130,347.58
Airport Article 20 of the 2019
Annual Town Meeting (Replace Maintenance
Vehicle Truck)
Article 20 of the 2019
Annual Town Meeting (Repair Fuel Farm)
$49,869.20
Airport Article 20 of the 2019 Annual Town Meeting (Buy
EcoRestoration Equipment)
Article 20 of the 2019 Annual Town Meeting
(Repair Fuel Farm)
$95,783.68
Airport Article 12 of the 2016 Annual Town Meeting
(Professional Services associated with reviewing
employee housing options)
Article 20 of the 2019 Annual Town Meeting
(Repair Fuel Farm)
$216,026.00
Subtotal Airport Enterprise Fund $492,026.46
Our Island Home Article12 of the 2014 Annual Town Meeting (Medical Records Software)
Article12 of the 2017 Annual Town Meeting (Building Improvements, Maintenance, and Quality Measures)
$74,088.00
Subtotal Our Island Home Enterprise Fund $74,088.00
ARTICLE 4 (Revolving Accounts: Spending Limits for FY 2022)
To see what spending limits the Town will establish for revolving accounts established pursuant to Chapter 44, section 53E½ of the Massachusetts General Laws
and Section 19-21 of the Town Code for Fiscal Year 2022; or take any other action related thereto.
(Select Board) FINANCE COMMITTEE MOTION: Moved that the Town set the spending limits for
revolving funds established pursuant to Section 19-21 (Revolving accounts established) of the Town Code as follows:
FUND SPENDING LIMIT
Beach Improvement $576,000
Community Recreation Programming $100,000
Tennis Court $1
Page 5 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
FUND SPENDING LIMIT
Conservation Fund $35,000
Septic System Inspections $85,000
Seasonal Food Service Inspections $78,000
Seasonal Housing $67,500
Road Repairs $100,000
Public Works Housing $75,000
Low Beach Housing $67,500
Municipal Aggregation Operational Adder $150,000
Airport Aviation Fuel $4,000,000
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 2022; said sum not to exceed five (5) percent of the Fiscal Year 2021 tax levy; or to take any other action related thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved that Five Hundred Thousand Dollars
($500,000) be raised and appropriated from the Fiscal Year 2022 tax levy and other general revenues of the Town to establish a Reserve Fund for Fiscal Year 2022
pursuant to Chapter 40, section 6 of the General Laws.
ARTICLE 6
(Fiscal Year 2021 General Fund Budget Transfers) To see what sums the Town will vote to transfer into various line items of the
Fiscal Year 2021 General Fund operating budget from other line items of said budget and from other available funds; or to take any other action related thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred
between the various Fiscal Year 2021 accounts and expenditures as follows:
FROM TO AMOUNT
Medical Insurance Retirement $434,927
Medical Insurance School Department: Salaries $65,000
Page 6 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 7 (Personnel Compensation Plans for Fiscal Year 2022)
To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year 2022:
Schedule A -- Miscellaneous Compensation Schedule
Abatement Advisory Committee (yearly per member) $600.00
Americans with Disabilities Act Facilitator (hourly) 15.00
Building, Plumbing, Wiring Inspector, Assistants (hourly) Up to $75.00
Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 22.00
Dietician/Our Island Home (hourly) 41.00
Dispatcher (Per Diem – hourly) 30.00
Election Warden (hourly) 20.00
Election Worker (hourly) 15.00
Exercise Instructors/Senior Center (hourly) Up to $40.00
EMT, Call (hourly) 20.00
Fire Captain, Call (yearly) 150.00
Fire Fighter, Call (hourly) 20.00
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) 28.00
Our Island Home Ancillary (Per Diem – hourly) 20.00
Paramedic, Certified (Per Diem – hourly) 30.00
Registered Nurse/Our Island Home (Per Diem – hourly) 38.00
Registrar of Voters (yearly) 600.00
Registrar, Temporary Assistant (hourly) 15.00
Reserve Police Officer (hourly) 30.00
Seasonal Assistant Harbormaster (hourly) 30.00
Seasonal Lifeguard Supervisor (hourly) 30.00
Seasonal Maintenance Supervisor/Public Works (hourly) 21.00
Seasonal Health Inspector 30.00
Temporary Employee various rates
of pay
Veterans' Agent (hourly) 16.00
Schedule B – Seasonal Employee Compensation Schedule
(Spring, Summer, Fall, Winter/Effective April 1, 2020 – April 1, 2021 July 1, 2021 – June
30,2022)
Compensation Level Start Second Season Third Season Fourth Season
A-Hourly* $16.00
$17.00
$17.00
$18.00
$18.00
$19.00
$19.50
$20.50
B-Hourly* $17.00
$18.00
$18.00
$19.00
$19.00
$20.00
$20.00
$21.00
C-Hourly* $18.00 $19.00 $20.00 $21.00
Page 7 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
$19.00 $20.00 $21.00 $22.00
D-Hourly* $20.00
$21.00
$20.50
$21.50
$21.00
$22.00
$21.50
$22.50
*An employee assigned supervisory responsibilities shall be placed in the next higher
category.
A: Information Aide, Seasonal Health Assistant, Shellfish Warden, Seasonal Natural Resources Enforcement Officer
B: Dock Worker, Natural Resources Technician, Seasonal Permit Sales Clerk C: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard,
Seasonal Laborer D: Lead Dock Worker, Seasonal Recreational Coordinator, Seasonal
Engineering Intern; Seasonal Waste Reduction Intern, Lead Natural
Resources Technician, Seasonal Laborer
Schedule C -- Compensation Schedule for Elected Officials* Moderator $175 per year
Select Member, Chair $5,000/per year
Select Members $3,500/per year
Town Clerk $105,722 $107,836
*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.
(Select Board) 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, Plumbing, Wiring Inspector, Assistants (hourly) Up to $75.00
Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 22.00
Dietician/Our Island Home (hourly) 41.00
Dispatcher (Per Diem – hourly) 30.00
Election Warden (hourly) 20.00
Election Worker (hourly) 15.00
Exercise Instructors/Senior Center (hourly) Up to $40.00
EMT, Call (hourly) 20.00
Fire Captain, Call (yearly) 150.00
Fire Fighter, Call (hourly) 20.00
Fire Lieutenant, Call (yearly) 125.00
Fire Chief, Second Deputy (yearly) 5,000.00
Fire Chief, Third Deputy (yearly) 5,000.00
Page 8 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Licensed Practical Nurse/Our Island Home (Per Diem – hourly) 28.00
Our Island Home Ancillary (Per Diem – hourly) 20.00
Paramedic, Certified (Per Diem – hourly) 30.00
Registered Nurse/Our Island Home (Per Diem – hourly) 38.00
Registrar of Voters (yearly) 600.00
Registrar, Temporary Assistant (hourly) 15.00
Reserve Police Officer (hourly) 30.00
Seasonal Assistant Harbormaster (hourly) 30.00
Seasonal Lifeguard Supervisor (hourly) 30.00
Seasonal Maintenance Supervisor/Public Works (hourly) 21.00
Seasonal Health Inspector 30.00
Temporary Employee various rates
of pay
Veterans' Agent (hourly) 16.00
Schedule B – Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective July 1, 2021 – June 30,2022)
Compensation
Level
Start Second
Season
Third
Season
Fourth
Season
A-Hourly* $17.00 $18.00 $19.00 $20.50
B-Hourly* $18.00 $19.00 $20.00 $21.00
C-Hourly* $19.00 $20.00 $21.00 $22.00
D-Hourly* $21.00 $21.50 $22.00 $22.50
*An employee assigned supervisory responsibilities shall be placed in the next higher category.
A: Information Aide, Seasonal Health Assistant, Shellfish Warden, Seasonal Natural Resources Enforcement Officer
B: Dock Worker, Natural Resources Technician, Seasonal Permit Sales Clerk
C: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Seasonal Laborer
D: Lead Dock Worker, Seasonal Recreational Coordinator, Seasonal Engineering Intern; Seasonal Waste Reduction Intern, Lead Natural
Resources Technician, Seasonal Laborer
Schedule C -- Compensation Schedule for Elected Officials*
Moderator $175 per year
Select Member, Chair $5,000/per year
Select Members $3,500/per year
Town Clerk $107,836
ARTICLE 8 (Appropriation: Fiscal Year 2022 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
Page 9 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
the offices, departments, boards and commissions of the Town of Nantucket for Fiscal Year 2022; or to take any other action related thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2022 operating budget is established for the various offices, boards, and commissions of the Town as
follows:
DEPARTMENT
Fiscal Year 2022 FY 2021
PAYROLL
OPERATING
TOTAL
BUDGET
ARTICLE 8
TOTAL
GENERAL GOVERNMENT
Finance Committee $18,680 $18,680 $18,680
Finance & Operations $1,807,007 $492,210 $2,299,217 $2,441,937
Human Resources $265,243 $347,700 $612,943 $592,893
Information Systems / GIS $819,795 $513,016 $1,332,811 $1,280,375
Legal $401,000 $401,000 $401,000
Moderator $183 $1,500 $1,683 $1,683
Planning and Land Use Services $1,662,879 $471,100 $2,133,979 $1,983,778
Natural Resources $787,562 $154,812 $942,374 $930,039
Town Administration $1,238,956 $796,850 $2,035,806 $1,659,216
Housing Office $210,000 $275,000 $485,000
Town Clerk $262,077 $62,100 $324,177 $319,651
Subtotal $7,053,702 $3,533,969 $10,587,670 $9,629,252
SAFETY & PROTECTION
Emergency Management $8,000 $8,000 $8,000
Fire Department $2,896,894 $308,500 $3,205,394 $3,182,889
Police Department $6,239,613 $972,000 $7,211,613 $6,874,174
Street Lighting $165,000 $165,000 $165,000
Subtotal $9,136,507 $1,453,500 $10,590,007 $10,230,063
MARINE & COASTAL
RESOURCES
Marine Department $877,449 $284,950 $1,162,399 $895,641
Subtotal $877,449 $284,950 $1,162,399 $895,641
Page 10 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
MAINTENANCE
Gas / Town Vehicles $375,000 $375,000 $375,000
Mosquito Control $172,714 $172,714 $168,501
Public Buildings $1,271,900 $1,271,900 $1,083,900
Public Works $2,846,045 $624,900 $3,470,945 $3,181,882
Snow and Ice Removal $7,600 $75,000 $82,600 $82,600
Subtotal $2,853,645 $2,519,514 $5,373,159 $4,891,883
HUMAN SERVICES
Health & Human Services $920,931 $160,790 $1,081,721 $1,003,408
Subtotal $920,931 $160,790 $1,081,721 $1,003,408
CULTURE & RECREATION
Atheneum $766,085 $766,085 $747,400
Town Clock $4,700 $4.700 $4,700
Culture and Tourism $315,928 $148,650 $464,478 $464,577
Subtotal $315,928 $919,435 $1,235,363 $1,216,677
CONTRACTUALOBLIGATIONS $400,000 $400,000 $400,000
TOTAL OF DEPT OPERATING BUDGETS
$28,266,924
EDUCATION
Community School $550,000 $550,000 $550,000
School Department $27,276,082 $5,600,905 $32,876,987 $31,296,642
Subtotal $27,826,082 $5,600,905 $33,426,987 $31,846,642
GRAND TOTAL OF GEN GOV'T OPER BUDGETS $49,384,244 $14,473,062 $63,857,306
$60,113,566
DEBT SERVICE
Principal & Interest $9,758,430 $9,758,430 $9,310,589
Subtotal $9,758,430 $9,758,430 $9,310,589
INSURANCES
Page 11 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Auto Casualty $195,525 $195,525 $165,000
Blanket Liability $2,157,950 $2,157,950 $1,828,460
Claims Deductible $88,088 $88,088 $88,088
Insurance Consulting $49,500 $49,500 $49,500
Medical Insurance $14,785,595 $14,785,595 $13,375,877
Life Insurance $6,500 $6,500 $6,500
Unemployment $175,000 $175,000 $175,000
Workers Compensation $293,899 $293,899 $267,181
Laborer's Union Pension $75,000 $75,000 $45,778
Subtotal $15,335,993 $2,491,063 $17,827,056 $16,001,384
ASSESSMENTS
Barnstable Retirement $5,805,686 $5,805,686 $5,203,970
Subtotal $5,805,686 $5,805,686 $5,203,970
GRAND TOTAL OF
OPERATING BUDGET $64,720,237 $32,528,241 $97,248,478 $90,529,509
And to meet these appropriations, the sum of Ninety-six Million One Hundred Seventy-
three Thousand Four Hundred Seventy-eight Dollars ($96,173,478) be raised and
appropriated from the Fiscal Year 2022 tax levy and other general revenues of the Town; and that One Million Seventy-five Thousand Dollars ($1,075,000) be transferred
from Free Cash in the Treasury of the Town, for one-time and operating expenses that are included in various departmental budgets.
The budget unanimously recommended by the Nantucket School Committee for the
School Department, including the Nantucket Community School, for Fiscal Year 2022 is
Thirty-three Million Four Hundred Twenty-six Thousand Nine Hundred Eighty-seven Dollars ($33,426,987).
FINANCE COMMITTEE COMMENT: The Finance Committee supports the inclusion of
$375,000 in the Fiscal year 2022 General Fund Operating Budget for Housing Office operational expenses. These activities require regular operational funding.
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
Page 12 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
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 Select Board and the
respective private, not-for-profit agency for Fiscal Year 2022, which grant agreements shall stipulate mutually agreed upon terms and conditions; or to take any other action
related thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved that Six Hundred Fifty Thousand Dollars ($650,000) be raised and appropriated from the Fiscal Year 2022 tax levy and other
general revenues of the Town, and that Ninety-five Thousand Dollars ($95,000) be transferred from the Special Stabilization Fund for Substance Abuse Efforts 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 Select Board, execute grant agreements with the respective agencies for Fiscal Year 2022, which contracts shall stipulate mutually agreed upon terms and conditions,
and provided further that the grant to the National Alliance on Mental Illness shall be funded from the Special Stabilization Fund for Substance Abuse Efforts with a condition
that the grant funds be expended solely for addiction and mental health treatments
services:
AGENCY AMOUNT
A Safe Place $55,000.00
Alliance for Substance Abuse Prevention $50,000.00
Elder Services of Cape Cod $20,000.00
Health Imperatives $90,000.00
Fairwinds $176,323.00
MV Community Services $18,000.00
South Coastal Legal Services $4,600.00
Interfaith Council $70,000.00
Nantucket Cottage Hospital Social
Services
$130,671.20
Small Friends $15,000.00
Artist’s Association $18,200.00
Cape Mediation $2,205.80
National Alliance on Mental Illness $95,000.00
TOTAL $745,000.00
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 the offices, departments, boards and commissions of the Town
of Nantucket; provided that one or more amounts to be raised and appropriated may be contingent upon a Proposition 2½ capital outlay exclusion ballot question; or to take any
other action related thereto.
Page 13 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
(Select Board) FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated
for the following capital outlay expenditures, including costs incidental and related thereto, with all such expenditures to be made by the Town Manager with the approval
of the Select Board; 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 Select Board or the 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
Public Works/Facilities Costs associated with Town-wide municipal
facilities projects,
including maintenance, design and engineering, and construction
Authorize the Treasurer, with the approval of the Select Board, to
borrow $6,500,000 under and
pursuant to Chapter 44, Section 7(1) of the General Laws, or any other enabling authority, and to
issue bonds or notes of the Town therefor, any premium received by the Town upon the
sale of any bonds or notes approved by this vote, less any such premium applied to the
payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs
approved by this vote in accordance with Chapter 44, Section 20 of the General Laws,
thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
$6,500,000
Public Works CCTV - Phased Stormwater System
Evaluation
Transfer $266,552 from Free Cash into the Treasury of the
Town
$266,552
Public Works Purchase of
replacement six-wheel dump truck and accessories
Raise and appropriate $180,000
from the Fiscal Year 2022 tax levy and other general revenues of the Town; provided that the
appropriation shall be contingent on the passage of a Proposition 2½ capital outlay exclusion by
the voters of the Town in accordance with General Laws Ch. 59, Sec. 21C(m)
$180,000
Public Works Purchase of
replacement Ford F350-
size pick-up truck and accessories
Raise and appropriate $60,000
from the Fiscal Year 2022 tax
levy and other general revenues of the Town; provided that the appropriation shall be contingent
on the passage of a Proposition 2½ capital outlay exclusion by the voters of the Town in
accordance with General Laws
$60,000
Page 14 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Ch. 59, Sec. 21C(m)
Public Works Purchase of replacement street
sweeper and accessories
Raise and appropriate $250,000 from the Fiscal Year 2022 tax
levy and other general revenues of the Town; provided that the appropriation shall be contingent
on the passage of a Proposition 2½ capital outlay exclusion by the voters of the Town in
accordance with General Laws Ch. 59, Sec. 21C(m)
$250,000
Public Works Purchase replacements of two Ford Ranger-size pick-up trucks and
accessories
Raise and appropriate $90,000 from the Fiscal Year 2022 tax levy and other general revenues
of the Town; provided that the appropriation shall be contingent on the passage of a Proposition
2½ capital outlay exclusion by the voters of the Town in accordance with General Laws
Ch. 59, Sec. 21C(m)
$90,000
Public Works/
Transportation Costs associated with
sidewalk improvement program
Authorize the Treasurer, with the
approval of the Select Board, to borrow $1,060,900 under and pursuant to Chapter 44, Section
7(1) of the General Laws, or any other enabling authority, and to issue bonds or notes of the
Town therefor, any premium received by the Town upon the sale of any bonds or notes
approved by this vote, less any such premium applied to the payment of the costs of issuance
of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44,
Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay
such costs by a like amount.
$1,060,900
Public Works/ Transportation Costs associated with Island-wide road improvements and
maintenance
Transfer $1,250,000 from Free Cash into the Treasury of the Town
$1,250,000
Public Works/
Transportation Costs associated with
the maintenance and repair of Island-wide multi-use paths
Transfer $250,000 from Free
Cash into the Treasury of the Town
$250,000
Public Works/ Transportation Costs associated with cobblestone roadway
improvements and maintenance
Transfer $250,000 from Free Cash into the Treasury of the
Town
$250,000
Public Works/ Transportation Costs associated with engineering, design and Transfer $100,000 from Free Cash into the Treasury of the $100,000
Page 15 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
permitting, and
construction of the
'Sconset Footbridge repairs
town
Public Works/ Transportation Costs associated with permanent traffic data
collection stations
Transfer $175,000 from Free Cash into the Treasury of the
Town
$175,000
School Costs associated with
campus-wide improvement plan
Transfer $1,000,000 from Free
Cash into the Treasury of the Town; and transfer $107,136 from Article 10 of the 2018
Annual Town Meeting (NHS Internal Security Vestibule)
$1,107,136
School Costs associated with the reconfiguration of pool parking lot entrance
and exit
Transfer $157,902 from Free Cash into the Treasury of the Town
$157,902
School Costs associated with School-wide building improvements
Transfer $300,000 from Free Cash into the Treasury of the Town
$300,000
School Costs associated with the replacement of
Bobcat machine
Transfer $65,000 from Free Cash into the Treasury of the
Town
$65,000
Natural Resources Cost associated with replacement vehicle Raise and appropriate $35,000 from the Fiscal Year 2022 tax levy and other general revenues of the Town; provided that the
appropriation shall be contingent on the passage of a Proposition 2½ capital outlay exclusion by
the voters of the Town in accordance with General Laws Ch. 59, Sec. 21C(m)
$35,000
Planning & Land Use
Services Costs associated with
replacement vehicle Raise and appropriate $35,000
from the Fiscal Year 2022 tax levy and other general revenues of the Town; provided that the
appropriation shall be contingent
on the passage of a Proposition 2½ capital outlay exclusion by the voters of the Town in
accordance with General Laws Ch. 59, Sec. 21C(m)
$35,000
Fire Costs associated with the purchase of
Advanced Life Support equipment
Transfer $50,000 from the Ambulance Reserve Fund $50,000
Fire Purchase of replacement self-contained breathing
apparatus air packs (SCBAs)
Raise and appropriate $101,160 from the Fiscal Year 2022 tax levy and other general revenues
of the Town; provided that the appropriation shall be contingent on the passage of a Proposition
2½ capital outlay exclusion by the voters of the Town in accordance with General Laws
$101,160
Page 16 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Ch. 59, Sec. 21C(m)
Fire Costs associated with replacement of Engine
#4
Authorize the Treasurer, with the approval of the Select Board, to
borrow $705,000 under and pursuant to Chapter 44, Section 7(1) of the General Laws, or any
other enabling authority, and to issue bonds or notes of the Town therefor, any premium
received by the Town upon the sale of any bonds or notes approved by this vote, less any
such premium applied to the payment of the costs of issuance of such bonds or notes, may be
applied to the payment of costs
approved by this vote in accordance with Chapter 44, Section 20 of the General Laws,
thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
$705,000
Information
Technology/Geographic Information Systems
Costs associated with
design of upgraded wireless network infrastructure
Transfer $65,000 from Free
Cash into the Treasury of the Town
$65,000
Information Technology/Geographic
Information Systems
Costs associated with replacement and/or
repair of network infrastructure and related equipment
Transfer $50,000 from Free Cash into the Treasury of the
Town
$50,000
Information Technology/Geographic
Information Systems
Costs associated with replacement of Town-
wide computers, printers, associated equipment
Transfer $62,800 from Free Cash into the Treasury of the
Town
$62,800
Police Costs associated with
replacement of portable radios for public safety
Transfer $400,000 from Free
Cash into the Treasury of the Town
$400,000
Police Costs associated with Loran barracks housing septic system removal
and sewer connection
Raise and appropriate $500,000 from the Fiscal Year 2022 tax levy and other general revenues
of the Town
$500,000
Marine Costs associated with
repair of F Street Bulkhead
Raise and appropriate $579,700
from the Fiscal Year 2022 tax levy and other general revenues of the Town
$579,700
Marine Costs associated with
purchase of second sewage pump-out boat
Transfer $150,000 from Free
Cash into the Treasury of the Town
$150,000
Town Administration Costs associated with update to Nantucket and Madaket Harbors Action
Plan to incorporate needs for hazard mitigation and coastal
Transfer $100,000 from Free Cash into the Treasury of the Town
$100,000
Page 17 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
resilience
Town Administration Costs associated with Town-wide security
measures
Transfer $100,000 from Free Cash into the Treasury of the
Town
$100,000
Town Administration Costs associated with Town-wide document management solution
Transfer $250,000 from Free Cash into the Treasury of the Town
$250,000
Town Administration Costs associated with Town’s groundwater soil
investigation and remediation of Per- and polyfluoroalkyl
substances (PFAS)
Authorize the Treasurer, with the approval of the Select Board to
borrow $750,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority. Any
premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the
payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs
approved by this vote in accordance with Chapter 44, Section 20 of the General Laws,
thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
$750,000
Affordable Housing
Trust Costs associated with
acquiring real estate, or
interests in real estate, which may include affordable housing
restrictions, including any buildings thereon, for the development of
affordable housing, and also to pay costs of designing, constructing,
reconstructing and equipping affordable housing, all of which
shall be undertaken in conjunction with the Town’s Affordable
Housing Trust, and for the payment of all other costs incidental and
related thereto
Raise and appropriate
$1,625,000 from the Fiscal Year
2022 tax levy and other general revenues of the Town
$1,625,000
Affordable Housing
Trust Costs of acquiring real
estate, or interests in real estate, including but not limited to affordable
housing restrictions, which may include any buildings thereon, for the
development of affordable housing, and also to pay costs of
Authorize the Treasurer, with the
approval of the Select Board, to borrow $6,500,000 under and pursuant to Chapter 44, Section
7(1) of the General Laws, or any other enabling authority, and to issue bonds or notes of the
Town therefor, any premium received by the Town upon the sale of any bonds or notes
$6,500,000
Page 18 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
designing, constructing,
reconstructing and
equipping affordable housing, all of which shall be undertaken in
conjunction with the Town’s Affordable Housing Trust, and for
the payment of all other costs incidental and related thereto
approved by this vote, less any
such premium applied to the
payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs
approved by this vote in accordance with Chapter 44, Section 20 of the General Laws,
thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
TOTAL $24,121,150
And, to meet this appropriation that Four Million Nine Hundred Ninety-two Thousand
Two Hundred Fifty-four Dollars ($4,992,254) be transferred from Free Cash in the
Treasury of the Town so specified; that One Hundred Seven Thousand One Hundred Thirty-six Dollars ($107,136) be transferred from Article 10 of the 2018 Annual Town
Meeting; that Fifty Thousand Dollars ($50,000) be transferred from the Ambulance Reserve Fund; that Two Million Seven Hundred Four Thousand Seven Hundred Dollars
($2,704,700) be raised and appropriated from the FY 2022 tax levy; that Seven Hundred
Fifty-one Thousand Dollars ($751,000) be raised and appropriated from the FY 2022 tax levy, provided that the appropriation shall be contingent on the passage of a Proposition
2½ capital outlay exclusion by the voters of the Town in accordance with General Laws Ch. 59, sec. 21C(m); and that the Treasurer, with the approval of the Select Board be
authorized to borrow Six Million Five Hundred Thousand Dollars ($6,500,000) for renovations to town-owned facilities; Seven Hundred Thousand Five Dollars ($705,000)
for the purpose of replacing Fire Engine #4; One Million Sixty Thousand Nine Hundred
Dollars ($1,060,900) for the continuation of the sidewalk improvement plan; Seven Hundred Fifty Thousand Dollars ($750,000) for costs associated with Town’s
groundwater soil investigation and remediation of Per- and polyfluoroalkyl substances (PFAS) and Six Million Five Hundred Thousand ($6,500,000) for the Affordable Housing
Trust; with all borrowings to be done under and pursuant to General Laws Ch. 44, sec. 7(1), or any other enabling authority, and to issue bonds or notes of the Town therefor.
All of these sources totaling Twenty-four Million One Hundred Twenty-one Thousand One Hundred Fifty Dollars ($24,121,150).
FINANCE COMMITTEE COMMENT: The Finance Committee supports the inclusion of
an additional $1,625,000 in capital expenditures in support of Affordable Housing
initiatives and the authorization of $6,500,000 in borrowing for affordable housing. These funds will support home construction as well as land acquisition, giving the
Affordable Housing Trust the flexibility to develop affordable housing solutions as well as manage the Town’s “Safe Harbor” status on the Department of Housing and
Community Development’s Subsidized Housing Inventory (SHI) list. Maintaining “Safe Harbor” is necessary to defend against unfriendly 40B developments.
Quantum of vote required for passage of the motion is 2/3
Page 19 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 11 (Appropriation: Newtown Road Transportation Improvements)
Carried Over from 2020 Annual Town Meeting 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, to be spent by the Town Manager with the approval of the Select Board, for the purpose of making various
transportation-related improvements on Newtown Road, including the costs of
professional services for design, permitting, engineering, construction, construction supervision, materials, and other related professional services, and any other costs
incidental and related thereto; provided, however, that any borrowing authorized hereunder shall be contingent on the passage of a Proposition 2 and ½ debt exclusion
vote; or to take any other action related thereto. (Select Board)
FINANCE COMMITTEE MOTION: Moved to appropriate the sum of One Million Two Hundred Thousand Dollars ($1,200,000) to be spent by the Town Manager with the
approval of the Select Board, for the purpose of making various transportation-related improvements on Newtown Road, including the costs of professional services for
design, permitting, engineering, construction, construction supervision, materials, and
other related professional services, and any other costs incidental and related thereto; that to meet this appropriation, the Treasurer with the approval of the Select Board, is
hereby authorized to borrow the sum of One Million Two Hundred Thousand Dollars ($1,200,000) pursuant to General Laws Chapter 44, Sections 7 or 8, or any other
enabling authority, and to issue bonds and notes of the Town therefor; provided, however, that any borrowing authorized hereunder shall be contingent on the passage
of a Proposition 2½ debt exclusion vote. Any premium received by the Town upon the
sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the
payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such
costs by a like amount.
SELECT BOARD COMMENT: The Board strongly supports the Finance Committee
Motion. The improvement of Newtown Road addresses a Goal in the Transportation Focus Area of the Board’s Strategic Plan, relating to a sidewalk route connection from
mid-island to downtown.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 12 (Appropriation: Reconstruction of Lover’s Lane)
Carried Over from 2020 Annual Town Meeting
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, to be spent by the
Town Manager with the approval of the Select Board, for the purpose of making various transportation-related improvements on Lover’s Lane, including the costs of professional
services for design, permitting, engineering, construction, construction supervision,
Page 20 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
materials, and other related professional services, and any other costs incidental and related thereto; provided, however, that any borrowing authorized hereunder shall be
contingent on the passage of a Proposition 2 and ½ debt exclusion vote; or to take any other action related thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved to appropriate the sum of Three Million Two
Hundred Seventy-two Thousand Eight Hundred Ninety-two Dollars ($3,272,892) to be spent by the Town Manager with the approval of the Select Board, for the purpose of
making various transportation-related improvements on Lover’s Lane, including the costs of professional services for design, permitting, engineering, construction,
construction supervision, materials, and other related professional services, and any other costs incidental and related thereto; that to meet this appropriation, the Treasurer
with the approval of the Select Board, is hereby authorized to borrow the sum of Three
Million Two Hundred Seventy-two Thousand Eight Hundred Ninety-two Dollars ($3,272,892) pursuant to General Laws Chapter 44, Sections 7 or 8, or any other
enabling authority, and to issue bonds and notes of the Town therefor; provided, however, that any borrowing authorized hereunder shall be contingent on the passage
of a Proposition 2½ debt exclusion vote. Any premium received by the Town upon the
sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the
payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such
costs by a like amount.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 13
(Appropriation: Construction and Improvements to Children’s Beach Storm Water Pump Station)
Carried Over from 2020 Annual Town Meeting 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, to be spent by the Town Manager with the approval of the Select Board, for the purpose of making various
improvements to the Children’s Beach Storm Water Pump Station, including the costs of
professional services for design, permitting, engineering, construction, construction supervision, materials, and other related professional services, and any other costs
incidental and related thereto; provided, however, that any borrowing authorized hereunder shall be contingent on the passage of a Proposition 2 and ½ debt exclusion
vote; or to take any other action related thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved to appropriate the sum of Four Million Three Hundred Thousand Dollars ($4,300,000) to be spent by the Town Manager with the
approval of the Select Board, for the purpose of making various improvements to the Children’s Beach Storm Water Pump Station, including the costs of professional
services for design, permitting, engineering, construction, construction supervision,
Page 21 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
materials, and other related professional services, and any other costs incidental and related thereto; that to meet this appropriation, the Treasurer with the approval of the
Select Board, is hereby authorized to borrow the sum of Four Million Three Hundred Thousand Dollars ($4,300,000) pursuant to General Laws Chapter 44, Sections 7 or 8,
or any other enabling authority, and to issue bonds and notes of the Town therefor; provided, however, that any borrowing authorized hereunder shall be contingent on the
passage of a Proposition 2½ debt exclusion vote. Any premium received by the Town
upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied
to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay
such costs by a like amount.
SELECT BOARD COMMENT: The Board strongly supports the Finance Committee
Motion. The improvement of the Children’s Beach pump station addresses a Goal in the Environmental Leadership Focus Area of the Board’s Strategic Plan, relating to
stormwater management.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 14 (Appropriation: Supplemental Funding for Construction of Nobadeer Field House)
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, to be spent by the Town Manager with the approval of the Select Board, to pay supplemental costs of
designing, constructing, equipping and furnishing a field house to be located at Nobadeer Fields, and for the payment of all other costs incidental and related thereto;
provided, however, that any borrowing authorized hereunder shall be contingent on the
passage of a Proposition 2½ debt exclusion vote; or to take any other action related thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved to appropriate the sum of One Million Dollars ($1,000,000) to be spent by the Town Manager with the approval of the Select Board,
for the purpose of designing, constructing, equipping and furnishing a field house to be
located at Nobadeer Fields, and for the payment of all other costs incidental and related thereto; that to meet this appropriation, the Treasurer with the approval of the Select
Board, is hereby authorized to borrow the sum of One Million Dollars ($1,000,000) pursuant to General Laws Chapter 44, Sections 7 or 8, or any other enabling authority,
and to issue bonds and notes of the Town therefor; provided, however, that any borrowing authorized hereunder shall be contingent on the passage of a Proposition 2½
debt exclusion vote. Any premium received by the Town upon the sale of any bonds or
notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved
by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
Quantum of vote required for passage of the motion is 2/3
Page 22 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 15 (Appropriation: Fiscal Year 2022 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 2022, out of anticipated revenues of the designated funds, for the purposes set forth above; provided that any
amounts to be raised and appropriated to support the operation of Our Island Home for
Fiscal Year 2022 shall be contingent on the passage of a Proposition 2 and ½ override ballot question; or to take any other action related thereto.
(Select Board for the Various Departments Indicated)
FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2022 operating budgets be approved for the Enterprise Funds, with the Airport appropriation to be
expended through the Nantucket Airport Commission; with the Nantucket Water
Department Enterprise Fund to be expended through the Nantucket Board of Water Commissioners; the remaining appropriations to be spent through the Select Board;
provided that the $5,000,000 to be raised on the Fiscal Year 2022 tax levy to support Our Island Home, shall be contingent on the passage of a Proposition 2½ override:
FUND FY2022
PAYROLL FY2022
EXPENSES FY2022 TOTAL
BUDGET FY2021
BUDGET Airport 3,464,699 4,456,001 7,920,700 5,930,300
Our Island Home 6,869,870 1,919,980 8,789,850 8,767,818
Sewer 2,435,404 7,302,556 9,737,960 9,370,408
Solid Waste 280,344 10,684,849 10,965,193 11,288,235
Nantucket Water Department 2,170,779 4,605,872 6,776,651 6,555,371
Total 15,221,096 28,969,258 44,190,354 41,912,132
Further, that the above appropriations be funded as follows:
FUND FUNDING SOURCE AMOUNT Airport FY2022 Anticipated Revenue 7,670,700
Airport Retained Earnings - Passenger Facility Charge 250,000
Our Island Home FY2022 Anticipated Revenue 3,789,850
Our Island Home FY2022 Tax Levy and Other General Revenues 5,000,000
Sewer FY2022 Anticipated Revenue 9,020,408
Sewer Retained Earnings 717,552
Solid Waste FY2022 Anticipated Revenue 3,530,000
Solid Waste FY2022 Tax Levy and Other General Revenues 6,502,995
Solid Waste Retained Earnings 932,198
Nantucket Water Department FY2022 Anticipated Revenue 6,473,038
Nantucket Water Department Retained Earnings 303,613
FINANCE COMMITTEE COMMENT: The Finance Committee supports the Proposition 2½ override to cover the revenue shortfall at Our Island Home. Voters should note that
the proposed appropriation of $5,000,000 for Our Island Home is unique in three
respects:
1) it explicitly funds Our Island Home from the Town’s General Fund Budget,
Page 23 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
2) it requires additional voter approval at the June 15, 2021 election and,
3) if the override succeeds, the Town’s ability to raise revenue is permanent.
ARTICLE 16 (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 for the Enterprise Funds of the Town of Nantucket; or to take any
other action related thereto.
(Select Board for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be
appropriated for the Enterprise Fund departments with the Airport appropriations to be
expended through the Airport Commission; the Sewer Enterprise, Solid Waste Enterprise and Our Island Home Enterprise Fund appropriations to be expended by the
Town Manager with the approval of the Select Board/Board of Public Works/Sewer Commissioners; the Water Department Enterprise Fund appropriation to be expended
through the Nantucket Board of Water Commissioners:
DEPARTMENT ITEM FUNDING SOURCE(S) AMOUNT
Airport Costs associated with airport
improvement
projects
Authorize the Treasurer, with the approval of the Select
Board to borrow $16,650,000
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. Any
premium received by the Town upon the sale of any bonds or
notes approved by this vote,
less any such premium applied to the payment of the costs of
issuance of such bonds or notes, may be applied to the
payment of costs approved by
this vote in accordance with Chapter 44, Section 20 of the
General Laws, thereby reducing the amount
$16,650,000
Page 24 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
authorized to be borrowed to
pay such costs by a like amount.
Airport Costs associated
with airport maintenance and
equipment
Authorize the Treasurer, with
the approval of the Select Board to borrow $315,000
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. Any premium received by the Town
upon the sale of any bonds or
notes approved by this vote, less any such premium applied
to the payment of the costs of issuance of such bonds or
notes, may be applied to the
payment of costs approved by this vote in accordance with
Chapter 44, Section 20 of the General Laws, thereby
reducing the amount authorized to be borrowed to
pay such costs by a like
amount.
$315,000
Airport Supplemental Funding to Article
20 (Repair Fuel Farm) of the 2019
Annual Town
Meeting
Authorize the Treasurer, with the approval of the Select
Board to borrow $300,000 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. Any
premium received by the Town
$1,501,678
Page 25 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
upon the sale of any bonds or
notes approved by this vote, less any such premium applied
to the payment of the costs of issuance of such bonds or
notes, may be applied to the payment of costs approved by
this vote in accordance with
Chapter 44, Section 20 of the General Laws, thereby
reducing the amount authorized to be borrowed to
pay such costs by a like
amount; and transfer $201,678 from NMA Certified Retained
Earnings; and transfer $1,000,000 from NMA Fuel
Revolver
Airport Costs associated
with Airport’s groundwater soil
investigation and remediation of Per-
and polyfluoroalkyl
substances (PFAS)
Authorize the Treasurer, with
the approval of the Select Board to borrow $8,000,000
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. Any premium received by the Town
upon the sale of any bonds or notes approved by this vote,
less any such premium applied to the payment of the costs of
issuance of such bonds or
notes, may be applied to the payment of costs approved by
this vote in accordance with Chapter 44, Section 20 of the
General Laws, thereby
reducing the amount authorized to be borrowed to
pay such costs by a like amount.
$8,000,000
Page 26 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Airport Costs associated
with purchase of second bus for
airport operations; replacement of
Aircraft Rescue Firefighting (ARFF)
turnout gear
Authorize the Treasurer, with
the approval of the Select Board to borrow $154,000
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. Any premium received by the Town
upon the sale of any bonds or notes approved by this vote,
less any such premium applied to the payment of the costs of
issuance of such bonds or
notes, may be applied to the payment of costs approved by
this vote in accordance with Chapter 44, Section 20 of the
General Laws, thereby
reducing the amount authorized to be borrowed to
pay such costs by a like amount.
$154,000
Subtotal of Airport Enterprise Fund $26,620,678
Water Costs associated
with Washington
Street water main replacement
Transfer $1,000,000 from
Certified Retained Earnings in
the Water Department Enterprise Fund
$1,000,000
Subtotal of Water Department Enterprise Fund $1,000,000
Sewer Costs associated
with purchase of
Jetter/Vac truck
Transfer $400,000 from
Certified Retained Earnings in
the Sewer Enterprise Fund
$400,000
Sewer Costs associated with purchase of
Ford F650-size dump truck
Transfer $100,000 from Certified Retained Earnings in
the Sewer Enterprise Fund
$100,000
Sewer Costs associated
with acquisition and
installation of water-tight manhole
covers
Transfer $50,000 from Certified
Retained Earnings in the
Sewer Enterprise Fund
$50,000
Page 27 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Sewer Costs associated
with South Shore Road sewer
installation, including design
and engineering, construction,
permitting
Authorize the Treasurer, with
the approval of the Select Board to borrow $3,500,000
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 Sewer Enterprise Fund revenues, state or federal
grants, and other available
funds of the Sewer Enterprise Fund. Any premium received
by the Town upon the sale of any bonds or notes approved
by this vote, less any such premium applied to the
payment of the costs of
issuance of such bonds or notes, may be applied to the
payment of costs approved by this vote in accordance with
Chapter 44, Section 20 of the
General Laws, thereby reducing the amount
authorized to be borrowed to pay such costs by a like
amount.
$3,500,000
Sewer Costs associated
with Capacity, Management,
Operations and Maintenance
Authorize the Treasurer, with
the approval of the Select Board to borrow $2,000,000
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 Sewer Enterprise Fund revenues, state or federal
grants, and other available
funds of the Sewer Enterprise Fund. Any premium received
by the Town upon the sale of any bonds or notes approved
$2,000,000
Page 28 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
by this vote, less any such
premium applied to the payment of the costs of
issuance of such bonds or notes, may be applied to the
payment of costs approved by this vote in accordance with
Chapter 44, Section 20 of the
General Laws, thereby reducing the amount
authorized to be borrowed to pay such costs by a like
amount.
Sewer Costs associated
with design of new garage
maintenance facility
Authorize the Treasurer, with
the approval of the Select Board to borrow $325,000
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 Sewer Enterprise Fund
revenues, state or federal grants, and other available
funds of the Sewer Enterprise Fund. Any premium received
by the Town upon the sale of any bonds or notes approved
by this vote, less any such
premium applied to the payment of the costs of
issuance of such bonds or notes, may be applied to the
payment of costs approved by this vote in accordance with
Chapter 44, Section 20 of the
General Laws, thereby reducing the amount
authorized to be borrowed to pay such costs by a like
amount.
$325,000
Sewer Costs associated
with installation of new centrifuge
system at the
Authorize the Treasurer, with
the approval of the Select Board to borrow $1,500,000
pursuant to G.L. c.44 Section 7
$1,500,000
Page 29 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Surfside
Wastewater Treatment Facility
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 Sewer Enterprise Fund
revenues, state or federal
grants, and other available funds of the Sewer Enterprise
Fund. Any premium received by the Town upon the sale of
any bonds or notes approved
by this vote, less any such premium applied to the
payment of the costs of issuance of such bonds or
notes, may be applied to the payment of costs approved by
this vote in accordance with
Chapter 44, Section 20 of the General Laws, thereby
reducing the amount authorized to be borrowed to
pay such costs by a like
amount.
Subtotal of Sewer Enterprise Fund $7,875,000
Total of all Enterprise Funds $35,495,678
FINANCE COMMITTEE COMMENT: The Finance Committee recommends To Adopt
the motion because of the Airport Commission’s need for the potential PFAS
remediation by asking for authorization to borrow $8,000,000 for the costs associated with groundwater soil investigation.
Quantum of vote required for passage of the motion is 2/3 ARTICLE 17
(Enterprise Funds: Fiscal Year 2021 Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal
Year 2021 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.
(Select Board)
FINANCE COMMITTEE MOTION: Moved that the following appropriations and transfers are made for prior year articles:
Page 30 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
FROM TO AMOUNT
Airport Retained Earnings Airport Enterprise Fund, Operating Budget $250,000
Airport Retained Earnings
Airport Capital Projects, Article 14
of the 2015 Annual Town Meeting (Environmental Report and
Environmental Assessment)
$75,000
Airport Retained
Earnings
Airport Capital Projects, Article 20 of the 2019 Annual Town Meeting
(Removal of Pipeline Support Piles
at Great Harbor Yacht Club)
$100,000
Airport Retained Earnings
Airport Capital Projects, Article 12
of the 2018 Annual Town Meeting
(Removal and Replacement of paint and beads and rubber
markings)
$48,741
Airport Retained Earnings
Airport Capital Projects, Article 16
of the 2020 Annual Town Meeting (Airport Maintenance and
Equipment)
$188,000
Airport Retained Earnings
Airport Capital Projects, Article 16 of the 2020 Annual Town Meeting
(Replacement of equipment for General Aviation Operations and
Airport Rescue and Firefighting Operations
$250,000
Airport Retained Earnings
Airport Capital Projects, Article 16 of the 2020 Annual Town Meeting
(Groundwater Soil Investigation)
$1,000,000
Airport Retained
Earnings
Airport Capital Projects, Article 16 of the 2020 Annual Town Meeting
(Direct Digital Control System for Terminal Geothermal)
$200,000
Page 31 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Sewer Retained Earnings
Sewer Capital Projects, Article 12 of the 2018 Annual Town Meeting
(Sewer Force Main Failure Costs)
$75,000
ARTICLE 18
(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.
(Select Board) FINANCE COMMITTEE MOTION: Moved that Three Hundred Sixty-seven Thousand
Dollars ($367,000) be appropriated from the Waterways Improvement Fund for the purpose of (1) maintenance, dredging, cleaning and improvement of harbors, inland waters
and great ponds, (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law enforcement and fire prevention in the Town
and County of Nantucket, and any other purpose allowed by applicable law.
ARTICLE 19
(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 ambulances, and other such related costs to operate the Town’s ambulance services, including up to six (6) full-time firefighter/EMT and/or paramedic
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.
(Select Board) FINANCE COMMITTEE MOTION: Moved that Seven Hundred Thirty-six Thousand
Eight Hundred Forty-one Dollars ($736,841) 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 ambulances, and other such related costs to
operate the Town’s ambulance services, including up to six (6) full-time firefighter/EMT
Page 32 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
and/or paramedic positions. All expenditures to be made by the Fire Chief, subject to the approval of the Town Manager.
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.
(Select Board) FINANCE COMMITTEE MOTION: Moved that Two Hundred Fifty Thousand Dollars
($250,000) be appropriated from the Ferry Embarkation Fee Fund for the purpose of
public safety protection, emergency services, and any other purpose allowed by applicable law.
ARTICLE 21
(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 2022, 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 Seventy-four Thousand Four Hundred Fifty-five Dollars
($174,455); or to take any other action related thereto.
(Select Board/County Commissioners)
FINANCE COMMITTEE MOTION: Moved that One Hundred Seventy-four Thousand Four Hundred Fifty-five Dollars ($174,455) be raised and appropriated from the Fiscal
Year 2022 tax levy and other general revenues of the Town to fund the Fiscal Year 2022
county assessment.
ARTICLE 22 (Appropriation: Finalizing Fiscal Year 2022 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 2022 by
appropriating a sum of money for such County budget and authorizing the expenditure
of estimated County revenues, County reserve funds, County deed excise fees or other available County funds including the Town assessment for County purposes; further, to
see if the Town will vote to overturn any denial by the Nantucket County Review Committee of the establishment of a County Reserve Fund, from which transfers may be
Page 33 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
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.
(Select Board/County Commissioners)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
ARTICLE 23
(Appropriation: Affordable Housing Trust Fund) To see if the Town will vote to raise and appropriate, borrow or transfer from
available funds, the sum of Four Hundred Seventy-five Thousand Dollars ($475,000) to deposit into the Affordable Housing Trust Fund established pursuant to Mass. General Law c. 44, section 55C for Fiscal Year 2022.
Or, to take any other action related thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: Operational funding for the Town’s Housing
Office has now been included in Article 8 of the Town's Fiscal Year 2022 General Fund Operating Budget. Therefore, this Article is unnecessary, and the Finance Committee
recommends Take No Action. The Finance Committee fully supports funding the Housing Office in the General Fund Budget.
ARTICLE 24 (Appropriation: Affordable Housing Trust Fund)
To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, the sum of Seven Million Five Hundred Thousand Dollars ($7,500,000)
to pay costs of acquiring existing properties for affordable housing purposes, which may
include an affordable rental program, and also for the acquisition of interests in and/or deed restrictions on properties for affordable housing purposes, including the payment
of all costs incidental and related thereto; provided that all of such interests or deed restrictions add affordable housing units to the Town’s Subsidized Housing Inventory,
within the meaning of G.L. c. 40B, to be spent by the Town Manager with the approval of
the Select Board which may include a grant or grants to the Nantucket Affordable Housing Trust, with oversight by the Select Board; that to meet said appropriation the
Treasurer, with the approval of the Select Board, is hereby authorized to borrow the sum of Seven Million Five Hundred Thousand Dollars ($7,500,000) pursuant to G.L. c. 44,
§§7 or 8, or any other enabling authority, and to issue bonds and notes of the Town therefor; provided, however, that any borrowing authorized hereunder shall be
contingent on the passage of a Proposition 2½ debt exclusion vote, or to take any other
action relative thereto.
(Select Board)
Page 34 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved to appropriate the sum of Seven Million Five Hundred Thousand Dollars ($7,500,000) to pay costs of acquiring existing properties for
affordable housing purposes, which may include an affordable rental program, and also for the acquisition of interests in and/or deed restrictions on properties for affordable
housing purposes, including the payment of all costs incidental and related thereto; provided that all of such interests or deed restrictions add affordable housing units to the
Town’s Subsidized Housing Inventory, within the meaning of G.L. c. 40B, to be spent by
the Town Manager with the approval of the Select Board which may include a grant or grants to the Nantucket Affordable Housing Trust, with oversight by the Select Board;
that to meet said appropriation the Treasurer, with the approval of the Select Board, is hereby authorized to borrow the sum of Seven Million Five Hundred Thousand Dollars
($7,500,000) pursuant to G.L. c. 44, §§7 or 8, or any other enabling authority, and to issue bonds and notes of the Town therefor; provided, however, that any borrowing
authorized hereunder shall be contingent on the passage of a Proposition 2½ debt
exclusion vote, or to take any other action relative thereto. Any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to
the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with G.L. c. 44, §20, thereby
reducing the amount authorized to be borrowed to pay such costs by a like amount.
FINANCE COMMITTEE COMMENT: The Finance Committee recommends To Adopt in
support of building affordable housing units on land purchased for these purposes.
SELECT BOARD COMMENT: The Board supports the Finance Committee Motion and Comment.
ARTICLE 25 (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.
(Select Board)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
ARTICLE 26
(Appropriation: Other Post-Employment Benefits Trust 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, to deposit into the Other Post-Employment Benefits Liability Trust Fund established pursuant to Mass.
General Law chapter 32B, section 20, for Fiscal Year 2022.
Or, to take any other action related thereto.
(Select Board)
Page 35 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved that Five Hundred Thousand Dollars ($500,000) be appropriated from the Fiscal Year 2022 tax levy and other general
revenues of the Town to be deposited by the Treasurer into the Other Post-employment Benefits Trust Fund.
ARTICLE 27
(Renewal of Board of Health Septic System Betterment Loan Program)
To see if the Town will vote to appropriate a sum of money for the purpose of financing the following water pollution facility projects: repair, replacement and/or
upgrade of septic systems, pursuant to agreements with Board of Health and residential property owners, including all costs thereof as defined in Section 1 of Chapter 29C of
the General Laws; to determine whether this appropriation shall be raised by borrowing from the Massachusetts Clean Water Trust or otherwise, or to take any other action relative thereto.
(Select Board for Board of Health)
FINANCE COMMITTEE MOTION: Moved that Two Million Dollars ($2,000,000) be appropriated for the purpose of financing the following water pollution abatement facility
projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements
with the Board of Health and residential property owners, including all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation
the Treasurer with the approval of the Select Board is authorized to borrow Two Million Dollars ($2,000,000) and issue bonds or notes therefore under M.G.L. c.111, s.127B½
and/or Chapter 29C of the General Laws; that project and financing costs shall be repaid by the property owners, in accordance with those agreements, but such bonds or
notes shall be general obligations of the Town; that the Treasurer with the approval of
the Select Board is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C
and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise contract with the Trust and the Department of
Environmental Protection with respect to such loan and for any federal or state aid
available for the projects or for the financing thereof; and that the Board of Health or other appropriate local body or official is authorized to enter into a project regulatory
agreement with the Department of Environmental Protection, to expend all funds available for the projects and to take any other action necessary to carry out the
projects.
ARTICLE 28
(Special Stabilization Fund for Substance Abuse Efforts) To see if the Town will vote, pursuant to General Laws Chapter 40, Section 5B,
to dedicate, without further appropriation, one hundred percent (100%) of any community impact fee paid to the Town by a marijuana dispensary and/or a marijuana
retail establishment, pursuant to a host community agreement, to the Special
Stabilization Fund for Substance Abuse Efforts established pursuant to Article 30 of the 2018 Annual Town Meeting; said dedication to be in addition to fifty percent (50%) of the
local option marijuana sales tax that was dedicated pursuant to the prior vote under
Page 36 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Article 30 of the 2018 Annual Town Meeting; or to take any further action relative thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved that pursuant to General Laws Chapter 40, Section 5B, without further appropriation, one hundred percent (100%) of any
community impact fee paid to the Town by a marijuana dispensary and/or a marijuana
retail establishment, pursuant to a host community agreement, be dedicated to the Special Stabilization Fund for Substance Abuse Efforts established pursuant to Article
30 of the 2018 Annual Town Meeting; said dedication to be in addition to fifty percent (50%) of the local option marijuana sales tax that was dedicated pursuant to the prior
vote under Article 30 of the 2018 Annual Town Meeting; or to take any further action relative thereto.
Quantum of vote required for passage of the motion is 2/3.
ARTICLE 29 (Appropriation: Fiscal Year 2022 Senior Work-off Program)
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 purpose of
supporting the Senior Work-off Program pursuant to Massachusetts General Laws Chapter 59, section 5K for the Town of Nantucket for Fiscal Year 2022; or to take any other action related thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved that Twenty-five Thousand Dollars ($25,000) be transferred from the Overlay Surplus Account for the purpose of supporting the
Senior Work-off program pursuant to Massachusetts General Laws Chapter 59, section
5K for the Town of Nantucket for Fiscal Year 2022.
ARTICLE 30 (Appropriation for Special Purpose Stabilization Fund for Airport Employee Accrued
Liabilities) To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute, or transfer from available funds to be placed in the
Airport special purpose stabilization fund established pursuant to M.G.L. Chapter 40, Section 5B, Paragraph 2, for the benefit of the Nantucket Airport, such fund to be used
for the future payment of accrued liabilities for compensated absences due any employee upon termination of the employee’s full-time employment; or take any action
relative thereto.
(Select Board for Airport Commission)
FINANCE COMMITTEE MOTION: Moved that One Hundred Thousand Dollars ($100,000) be transferred from Certified Retained Earnings of the Nantucket Airport to
be deposited into the Special Purpose Stabilization Fund for Nantucket Airport Employee Accrued Liabilities.
Page 37 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 31 (Appropriation for Special Purpose Stabilization Fund for Town Employee Accrued
Liabilities) To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute, or transfer from available funds to be placed in the Town Employee Accrued Liability Special Purpose Stabilization Fund established
pursuant to M.G.L. Chapter 40, Section 5B, Paragraph 2, for the benefit of the Town of
Nantucket General Fund (excluding the School Department), such fund to be used for the future payment of accrued liabilities for compensated absences due any employee
upon termination of the employee’s full-time employment; or take any action relative thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
ARTICLE 32
(Appropriation: Fiscal Year 2022 Community Preservation Committee) To see if the Town will vote to act on the report of the Community Preservation
Committee on the Fiscal Year 2022 Community Preservation Budget and to appropriate
or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the
Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year.
Purpose Amount
Historic Preservation
Nantucket Historical Association
Restoration of the exterior and interior integrity of the Hadwen and Barney Oil and Candle factory warehouse,
including the replacement of the existing roof with a new
slate roof, masonry repointing, window replacement and replacing the failed wheelchair lift to address potential sea
level rise
$395,000
Landmark House- Nantucket Community Service Inc.
To restore the exterior trim, to include fascia, rakes, corner boards, soffits, freeze boards, gutters and downspouts on
both the Landmark House and the Grossman wing
$335,000
Sub-total $730,000
$692,000 of the funds to be used in this category are from the Community
Preservation surcharge, interest and the State matching funds, and the balance of the funds used in this category, $38,000, are from the Historic Preservation reserves.
Community Housing
Page 38 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Nantucket Affordable Housing Trust Fund
For the creation, preservation, support, rehabilitation and restoration of affordable housing for year-round Nantucket
residents in support of plans developed by Habitat for Humanity and Housing Nantucket to create up to six new
affordable units.
$800,000
Nantucket Interfaith Council
Nantucket rental assistance program, housing and rental assistance to low and moderate-income Nantucket working
families
$250,000
Town of Nantucket
Funds to pay the interest and principal of the Bond authorized at the 2015 Nantucket Town Meeting for the
balance of the infrastructure at the Sachem’s Path affordable housing complex, to close out this obligation
$296,600
Town of Nantucket
Funds to pay the interest and principal of the Five Million Bond authorized at the 2019 Nantucket Town meeting to pay the cost of acquiring land, which may include buildings
thereon, for the development of affordable housing and to pay cost of designing, constructing, reconstructing and
equipping affordable housing.
$350,000
Sub-total $1,696,000
$235,715 of the funds utilized in this category is from the Undesignated reserves and
the balance of the funds utilized in this category are from the Community Preservation surcharge, interest and the State matching funds.
Open Space Conservation/Recreation
Town of Nantucket Funds to pay the interest and principal of the Bond
authorized at the 2012 Nantucket Town Meeting for the creation of an artificial turf playing field at Nobadeer Farm
Road to close out this obligation
$199,575
Sustainable Nantucket Community Farm Institute, phase 5
Funds for extension of farm heating system, new Bee yard shed, produce preservation equipment and infrastructure
$55,000
Open Space Designated Reserves
To meet 10 percent allocation
$30,000
Sub-total $284,515
All the funds to be utilized in this category are from the Community Preservation
Page 39 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
surcharge, interest and the State matching funds.
Administrative
Community Preservation Committee
Administrative and operating expenses
$125,000
Sub-total $125,000
All the funds to be used in this category are from the Community Preservation
surcharge, interest and the State matching funds.
TOTAL $2,835,515
All amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY 2019 Community Preservation
Surcharge
$2,250,000
From State matching funds for FY 2018, to be received in 2019 $330,000
From Interest $20,000
From Designated Reserves for Historic Preservation $38,000
From Undesignated Reserves $235,515
Total Revenues $2,835,515
For fiscal year 2022 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
2022 revenues or other available funds as indicated herein, for the administrative and
Page 40 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
operating expenses of the Community Preservation Committee, the undertaking of community preservation projects and all other necessary and proper expenses, for
Fiscal Year 2022 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 any strikeouts indicating deletions from the Community Preservation Committee article and any highlighted text indicated
additions/modifications:
Purpose Amount
Historic Preservation
Nantucket Historical Association
Restoration of the exterior and interior integrity of the Hadwen and Barney Oil and Candle factory warehouse,
including the replacement of the existing roof with a new
slate roof, masonry repointing, window replacement and replacing the failed wheelchair lift to address potential sea
level rise
$395,000
Landmark House - Nantucket Community Service Inc. To restore the exterior trim, to include fascia, rakes, corner
boards, soffits, frieze boards, gutters and downspouts on
both the Landmark House and the Grossman wing
$335,000
Sub-total $730,000
$692,000 of the funds to be used in this category are from the Community Preservation surcharge, interest and the State matching funds, and the balance of
the funds used in this category, $38,000, are from the Historic Preservation reserves.
Community Housing
Nantucket Affordable Housing Trust Fund
For the creation, preservation, support, rehabilitation and restoration of affordable housing for year-round Nantucket
residents in support of plans developed by Habitat for
Humanity and Housing Nantucket to create up to six new affordable units.
$800,000
Nantucket Interfaith Council
Nantucket rental assistance program, housing and rental
assistance to low and moderate-income Nantucket working families
$250,000
Town of Nantucket
Funds to pay the interest and principal of the Bond authorized at the 2015 Nantucket Town Meeting for the
balance of the infrastructure at the Sachem’s Path
affordable housing complex, to close out this obligation
$296,600
Page 41 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Town of Nantucket
Funds to pay the interest and principal of the Five Million Dollar Bond authorized at the 2019 Nantucket Town
meeting to pay the cost of acquiring land, which may include buildings thereon, for the development of affordable housing
and to pay cost of designing, constructing, reconstructing and equipping affordable housing.
$350,000
Sub-total $1,696,000 $1,696,600
$198,175 of the funds utilized in this category are from the Undesignated reserves
and the balance of the funds utilized in this category are from the Community
Preservation surcharge, interest and the State matching funds.
Open Space Conservation/Recreation
Town of Nantucket
Funds to pay the interest and principal of the Bond authorized at the 2012 Nantucket Town Meeting for the
creation of an artificial turf playing field at Nobadeer Farm Road to close out this obligation
$199,575
Sustainable Nantucket Community Farm Institute, phase 5
Funds for extension of farm heating system, new Bee yard shed, produce preservation equipment and infrastructure
$55,000
Open Space Designated Reserves To meet 10 percent allocation $30,000
Sub-total $284,515
$284,575
All the funds to be utilized in this category are from the Community Preservation
surcharge, interest and the State matching funds.
Administrative
Community Preservation Committee
Administrative and operating expenses
$125,000
Sub-total $125,000
All the funds to be used in this category are from the Community Preservation
surcharge, interest and the State matching funds.
TOTAL $2,835,515 $2,836,175
Page 42 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
All amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY 2019 FY 2022 Community
Preservation Surcharge
$2,250,000
From State matching funds for FY 2021, to be received in 2022 $330,000
From Interest $20,000
From Designated Reserves for Historic Preservation $38,000
From Undesignated Reserves $198,175
Total Revenues $2,836,175
For fiscal year 2022 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 33
(Community Preservation Committee: Fiscal Year 2021 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 32 ATM 2020 Town of Nantucket
Nobadeer Field Complex Bond
Fiscal year 2022
Community Preservation Committee Community Open Space reserved
Fund balance $1,325.00
Article 28 ATM 2012
Nantucket Land Council
Hummock Pond Restoration
Fiscal year 2022 Community Preservation Committee
Community Open Space Reserved
Fund balance
$20,449.00
Total Transfers to Community Open Space Reserved Fund Balance $21,774.00
Page 43 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Article 31 ATM 2013 Coffin School
Historic wrought iron fence
Fiscal Year 2022
Community Preservation Committee Community Historic Preservation
reserved Fund balance $1,664.00
Article 35 ATM 2016 Coffin School
Restoration of façade
Fiscal Year 2022
Community Preservation Committee Community Historic Preservation
reserved Fund balance $640.00
Article 37 ATM 2018 Hallkeen Management
Restoration Academy Hill
Windows
Fiscal year 2022 Community Preservation Committee
Community Historic Preservation
reserved Fund balance $113.09
Total Transfers to Community Historic Preservation Reserved fund balance $2,417.09
Article 33 ATM 2020
Town of Nantucket Sachem’s Path Bond
Fiscal year 2022
Community Preservation Committee
Community Open Space Reserved Fund balance $91.67
Total Transfers to Community Housing Reserved Fund Balance $91.67
Total transfers back to Community Preservation Reserved Fund
Balances $24,282.76
(Kenneth Beaugrand, et al) FINANCE COMMITTEE MOTION: Moved that the unspent funds of projects from prior
years as listed below be transferred between the various accounts as follows:
FROM TO AMOUNT
Article 32 of the 2020 Annual Town Meeting
Town of Nantucket Nobadeer Field Complex Bond
Fiscal Year 2022 Community Preservation Committee
Community Open Space Reserved Fund balance $1,325.00
Article 28 of the 2012 Annual
Town Meeting
Nantucket Land Council Hummock Pond Restoration
Fiscal Year 2022
Community Preservation Committee
Community Open Space Reserved Fund balance
$20,449.00
Total Transfers to Community Open Space Reserved Fund Balance $21,774.00
Article 31 of the 2013 Annual Town Meeting
Coffin School
Fiscal Year 2022 Community Preservation Committee
Community Historic Preservation $1,664.00
Page 44 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Historic wrought iron fence Reserved Fund balance
Article 35 of the 2016 Annual
Town Meeting Coffin School
Restoration of façade
Fiscal Year 2022
Community Preservation Committee Community Historic Preservation
Reserved Fund balance $640.00
Article 37 of the 2018 Annual
Town Meeting Hallkeen Management
Restoration of Academy Hill Windows
Fiscal year 2022 Community Preservation Committee
Community Historic Preservation Reserved Fund balance $113.09
Total Transfers to Community Historic Preservation Reserved Fund
balance $2,417.09
Article 33 of the 2020 Annual
Town Meeting Town of Nantucket
Sachem’s Path Bond
Fiscal Year 2022
Community Preservation Committee Community Open Space Reserved
Fund balance $91.67
Total Transfers to Community Housing Reserved Fund Balance $91.67
Total transfers back to Community Preservation Reserved Fund
Balances $24,282.76
ARTICLE 34
(Appropriation: Incineration of Solid Waste)
Carried Over from 2020 Annual Town Meeting To see if the Town will vote to raise and appropriate or transfer from available
funds a sum of money to contract with ECO WASTE SOLUTION, 5760 Shier-rings Road Dublin, OH 43016 or other suitable vendor. To provide the installation, operation and
manage the incineration of up to 10 Tonnes/Per day of solid waste or to take any other
action relative thereto.
(Clifford J. Williams, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The Finance Committee appreciates Mr. Williams’s suggestion of innovative technologies that potentially could address the
island’s solid waste needs. The Town is encouraged to explore all available options as it prepares for the end of its current waste management contract in 2025, including
suggestions from the community. However, the Finance Committee voted not to adopt this Article for several significant reasons:
• An investment of this scale (over $13 million) is normally reviewed by Town Administration, appropriate departments, including Finance, and the Capital
Program Committee before being presented at Town Meeting.
Page 45 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
• The current waste management contract does not expire until 2025 and does not permit the Town to utilize alternate waste disposal technologies.
• It is unclear whether or not the proposed technology is compatible with current state law.
SELECT BOARD COMMENT: The Board supports the Finance Committee Motion and
Comment. One of the Board’s Strategic Plan Goals is: “Provide data-driven
recommendations on island-wide solid waste management guided by principles of sustainability”. As a result, all available options will be considered for long-term solid
waste disposal and management. Long-term viability of a landfill adjacent to Long Pond storm tide pathways is of critical concern.
ARTICLE 35 (Appropriation: Legal Opinion for Beach Access)
Carried Over from 2020 Annual Town Meeting To see if the Town will vote to raise and appropriate or transfer from available
funds a sum of money to provide funding for a legal opinion that would give a direction to allow free access to the tidal flat’s in and around the coastal area’s of Nantucket. By
investigating indepth the rights given to the Town of Nantucket by the Proprietors in
1841 as set forth by the colonial act of 1693, but not limited to any other means that would benefit the community or take any other action relative thereto.
(Clifford J. Williams, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
SELECT BOARD COMMENT: The Board supports the Finance Committee Motion;
however, shares Mr Williams’s concern and has directed staff and Town Counsel to research and present policies that ensure continued public access.
ARTICLE 36
(Appropriation: Hazardous Waste)
Carried Over from 2020 Annual Town Meeting To see if the Town will vote to: appropriate and also to raise or borrow pursuant
to any applicable statute or transfer from available funds the sum of $1,000,000. 1 million dollars or the amount there of to be spent by the Department of Public Works for
the design, engineering, permitting, construction, and equipping a hazardous waste collection building to improve availability of disposal and transfer. The facility should be
open to the public for a minimum of 4 days per month consisting of 3 business
weekdays and 1 Saturday at 4 hours each day and/or by appointment. The facility shall be directed by the Department of Public Works and may be subcontracted to a private
operator; or otherwise act thereon.
(Andrew G. Lowell, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
Page 46 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 37 (Re-establish Parks and Recreation Department)
Carried Over from 2020 Annual Town Meeting To see if the Town will vote to direct Town Administration and the Select Board to
reestablish the Parks and Recreation Department beginning in Fiscal Year 2021. The Department head, who shall be appointed by the Town Manager pursuant to Section 4-
4(b) of the Town Charter, shall be an individual qualified (degree college or two years
experience in recreational management), and shall be responsible for the maintenance of all parks and playing fields in the Town of Nantucket which are under the jurisdiction
of the Nantucket Parks and Recreation Commission. The Department Head shall be responsible for ensuring that all recreational facilities are kept in good order to serve the
public. He or she may coordinate projects with the Department of Public Works, subject to the approval of the Town Manager and the Parks and Recreation Commission. The salary and benefits shall be determined by the 2021 wage scale for the Town of
Nantucket. The Department Head shall meet with the Parks and Recreation Commission on a monthly basis keeping them informed on the status of all current
projects; and further to raise and appropriate or transfer from available funds a sum of money to fund the position for Fiscal Year 2021 or to take any other action relative
thereto.
(Maria Zodda, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
ARTICLE 38 (Affordable and Year-round Housing Stabilization Fund)
To see if the Town will vote to dedicate, without further appropriation, into a
special purpose Affordable and Year-Round Housing Stabilization Fund, created herein in accordance with M.G.L., Chapter 40, Section5B, which was accepted by the Town at
the 2017 Annual Town Meeting, for the purpose of meeting affordable and year-round housing needs, two-thirds (2/3) of the local option rooms excise tax that the Town
receives on the transfer of occupancy of a room in a bed and breakfast establishment,
hotel, lodging house, short-term rental or motel, pursuant to its acceptance of M.G.L., Chapter 64G, Section 3A, as amended by Chapter 337 of the Acts of 2018; provided
that said dedication shall take effect beginning in fiscal year 2022;
or take other action with regard thereto.
(Arthur I. Reade, Jr., et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: This Article, while well intentioned, has a serious flaw: Stabilization Funds can only appropriate and disburse funds after a 2/3 vote of
Town Meeting. This structure does not provide the necessary flexibility for the
Affordable Housing Trust to negotiate, acquire and develop real estate projects. Additionally, redirecting short-term rental tax revenues would create unintended
pressures on the Town’s Budget. The affordable housing funding that would be created
Page 47 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
by Articles 8, 10 and 24 will generate $15,400,000 for affordable housing from the Fiscal Year 2022 budget.
SELECT BOARD COMMENT: The Board supports the Finance Committee Motion and
Comment. The impact of Articles 8, 10 and 24 has the effect of directing approximately one-third of short-term rental revenues to housing. The Board is open to further
discussion and analysis regarding establishment of a Stabilization Fund in the future.
Quantum of vote required for passage of a positive motion is 2/3
ARTICLE 39
(Zoning Map Change: CTEC to R-5 – Grey Lady Lane and Bartlett Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Commercial Trade Entrepreneurship and Craft (CTEC) district in the Residential 5 (R-5) district:
MAP LOT NUMBER STREET
66 701 2 Grey Lady Lane
66 702 4 Grey Lady Lane
66 703 6 Grey Lady Lane
66 704 8 Grey Lady Lane
66 705 (a portion of) 10 Grey Lady Lane
66 710 (a portion of) 9 Grey Lady Lane
66 711 7 Grey Lady Lane
66 712 5 Grey Lady Lane
66 713 3 Grey Lady Lane
66 100.5 54 Bartlett Road
66 531 (a portion of) 46 Bartlett Road
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 39 CTEC to R-5” dated October 2020 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is
hereby amended by placing the following properties currently located in the Commercial Trade Entrepreneurship and Craft (CTEC) district in the Residential 5 (R-5) district:
MAP LOT NUMBER STREET
66 701 2 Grey Lady Lane
66 702 4 Grey Lady Lane
66 703 6 Grey Lady Lane
66 704 8 Grey Lady Lane
66 705 (a portion of) 10 Grey Lady Lane
Page 48 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
66 710 (a portion of) 9 Grey Lady Lane
66 711 7 Grey Lady Lane
66 712 5 Grey Lady Lane
66 713 3 Grey Lady Lane
66 100.5 54 Bartlett Road
66 531 (a portion of) 46 Bartlett Road
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 39 CTEC to R-5 Grey Lady Lane and Bartlett Road” dated October 2020.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 40
(Zoning Map Change: RC-2 to R-5 – 8 and 10 Appleton Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Residential 5 (R-5) district:
MAP LOT NUMBER STREET
67 476 8 Appleton Road
66 437 10 Appleton Road
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 40 RC-2 to
R-5” dated October 2020 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended by placing the following properties currently located in the Residential
Commercial 2 (RC-2) district in the Residential 5 (R-5) district:
MAP LOT NUMBER STREET
67 476 8 Appleton Road
66 437 10 Appleton Road
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 40 RC-2 to R-5 8 and 10 Appleton Rd” dated October 2020.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
Quantum of vote required for passage of the motion is 2/3
Page 49 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 41 (Zoning Map Change: RC-2 to CTEC – Appleton Road, Bartlett Road and Perry Lane)
Carried Over from 2020 Annual Town Meeting To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Commercial Trade Entrepreneurship and Craft (CTEC) district:
MAP LOT NUMBER STREET
66 19 32 Bartlett Road
67 110 30 Bartlett Road
67 111 28½ Bartlett Road
67 478 28 Bartlett Road
67 901 26 Bartlett Road
67 900 26½ Bartlett Road
67 425.5 24 Bartlett Road
67 900.1 1A Perry Lane
67 902 1 Perry Lane
67 903 3 Perry Lane
67 112.3 5 Perry Lane
67 112.4 7 Perry Lane
67 112.5 9 Perry Lane
67 112.6 11 Perry Lane
67 112.1 12 Perry Lane
67 425.1 10 Perry Lane
67 425.2 8 Perry Lane
67 425.3 6 Perry Lane
67 425.4 4 Perry Lane
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 41 RC-2 to CTEC” dated October 2020 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is
hereby amended by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Commercial Trade Entrepreneurship and Craft
(CTEC) district:
MAP LOT NUMBER STREET
66 19 32 Bartlett Road
67 110 30 Bartlett Road
67 111 28½ Bartlett Road
67 478 28 Bartlett Road
Page 50 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
67 901 26 Bartlett Road
67 900 26½ Bartlett Road
67 425.5 24 Bartlett Road
67 900.1 1A Perry Lane
67 902 1 Perry Lane
67 903 3 Perry Lane
67 112.3 5 Perry Lane
67 112.4 7 Perry Lane
67 112.5 9 Perry Lane
67 112.6 11 Perry Lane
67 112.1 12 Perry Lane
67 425.1 10 Perry Lane
67 425.2 8 Perry Lane
67 425.3 6 Perry Lane
67 425.4 4 Perry Lane
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 41 RC-2 to
CTEC Appleton Rd, Bartlett Rd, and Perry Ln” dated October 2020.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of the motion is 2/3 ARTICLE 42
(Zoning Map Change: R-5 to CN - Bartlett Road and Young’s Way)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential 5 (R-5) district in
the Commercial Neighborhood (CN) district:
MAP LOT NUMBER STREET
67 113.1 18 Bartlett Road
67 876 18 (R) Bartlett Road
68 238 1 Young’s Way
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 42 R-5 to
CN” dated October 2020 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended by placing the following properties currently located in the Residential
5 (R-5) district in the Commercial Neighborhood (CN) district:
Page 51 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
MAP LOT NUMBER STREET
67 113.1 18 Bartlett Road
67 876 18 (R) Bartlett Road
68 238 1 Young’s Way
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 42 R-5 to CN Bartlett Road and Young’s Way” dated October 2020.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 43
(Zoning Map Change: RC-2 to R-5 and/or CN – 33 Old South Road and 24 Ticcoma Way)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions:
1. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Residential 5 (R-5) district:
MAP LOT NUMBER STREET
68 4 33 Old South Road (a portion of)
67 50 24 Ticcoma Way
2. 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 4 33 Old South Road (a portion of)
All as shown on a map entitled “2020 Annual Town Meeting Warrant Article 43 RC-2 to R-5 and CN” dated October 2020.
Or to take any other action related thereto.
(Select Board for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is
hereby amended by taking the following actions:
1. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Residential 5 (R-5) district:
MAP LOT NUMBER STREET
68 4 33 Old South Road (a portion of)
Page 52 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
67 50 24 Ticcoma Way
2. 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 4 33 Old South Road (a portion of)
All as shown on a map entitled “2020 Annual Town Meeting Warrant Article 43 RC-2 to
R-5 and CN 33 Old South Rd and 33 Ticcoma Way” dated October 2020.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of the motion is 2/3 ARTICLE 44
(Zoning Map Change: RC-2 to R-5 – Toms Way)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
MAP LOT NUMBER STREET
68 78 22 Toms Way
68 77 20 Toms Way
67 44 18 Toms Way
67 45 16 Toms Way
67 46 14 Toms Way
67 47 12 Toms Way
67 51 10 Toms Way
67 52 8 Toms Way
67 53 6 Toms Way
67 54 4 Toms Way
67 55 22 Ticcoma Way
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 44 RC-2 to R-5” dated October 2020 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is
hereby amended by placing the following properties currently located in the Residential
Commercial 2 (RC-2) district in the Residential 5 (R-5) district:
Page 53 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
MAP LOT NUMBER STREET
68 78 22 Toms Way
68 77 20 Toms Way
67 44 18 Toms Way
67 45 16 Toms Way
67 46 14 Toms Way
67 47 12 Toms Way
67 51 10 Toms Way
67 52 8 Toms Way
67 53 6 Toms Way
67 54 4 Toms Way
67 55 22 Ticcoma Way
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 44 RC-2 to R-5 Toms Way and Ticcoma Way” dated October 2020.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 45
(Zoning Map Change: RC to CN – Francis, Union, and Washington Streets, and Salt Marsh Way)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial (RC)
district in the Commercial Neighborhood (CN) district:
MAP LOT NUMBER STREET
42.2.3 20 80B Washington Street
42.2.3 20.2 80C Washington Street
42.2.3 20.3 80D Washington Street
42.2.3 20.4 80E Washington Street
42.2.3 20.5 80F Washington Street
42.2.3 20.6 80G Washington Street
42.2.3 20.7 80H Washington Street
42.2.3 25 81 Washington Street
42.2.3 24 81 Washington Street
42.2.3 23 83 Washington Street
55.1.4 81 89 Washington Street
55.1.4 109 89A Washington Street
55.1.4 110 89B Washington Street
55.1.4 111 89C Washington Street
Page 54 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
55.1.4 112 89D Washington Street
42.2.3 21 90 Washington Street
55.1.4 5 91 Washington Street
42.2.3 22 92 Washington Street
55.1.4 7 95 Washington Street
55.1.4 8 96 Washington Street
55.1.4 6.1 97 Washington Street
55.1.4 6 97 Washington Street
55.1.4 36 11 Salt Marsh Way
55.1.4 35 9B Salt Marsh Way
55.1.4 69 70 Union Street
55.1.4 66 64 Union Street
55.1.4 64 58 Union Street
55.1.4 33 56 Union Street
55.1.4 32 54 Union Street
55.1.4 3 52 Union Street
55.1.4 4 2 Francis Street
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 45 RC to
CN” dated October 2020 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended by placing the following properties currently located in the Residential
Commercial (RC) district in the Commercial Neighborhood (CN) district:
MAP LOT NUMBER STREET
42.2.3 20 80B Washington Street
42.2.3 20.2 80C Washington Street
42.2.3 20.3 80D Washington Street
42.2.3 20.4 80E Washington Street
42.2.3 20.5 80F Washington Street
42.2.3 20.6 80G Washington Street
42.2.3 20.7 80H Washington Street
42.2.3 25 81 Washington Street
42.2.3 24 81 Washington Street
42.2.3 23 83 Washington Street
55.1.4 81 89 Washington Street
55.1.4 109 89A Washington Street
55.1.4 110 89B Washington Street
55.1.4 111 89C Washington Street
Page 55 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
55.1.4 112 89D Washington Street
42.2.3 21 90 Washington Street
55.1.4 5 91 Washington Street
42.2.3 22 92 Washington Street
55.1.4 7 95 Washington Street
55.1.4 8 96 Washington Street
55.1.4 6.1 97 Washington Street
55.1.4 6 97 Washington Street
55.1.4 36 11 Salt Marsh Way
55.1.4 35 9B Salt Marsh Way
55.1.4 69 70 Union Street
55.1.4 66 64 Union Street
55.1.4 64 58 Union Street
55.1.4 33 56 Union Street
55.1.4 32 54 Union Street
55.1.4 3 52 Union Street
55.1.4 4 2 Francis Street
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 45 RC to
CN Francis, Union, and Washington Streets, and Salt Marsh Way” dated October 2020.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 46 (Zoning Map Change: R-20 and LUG-2 to VR – Osprey and Tautemo Way, and
Hummock Pond Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by taking the following actions:
1. By placing the following properties currently located in the Residential 20 (R-20)
district in the Village Residential (VR) district:
MAP LOT NUMBER STREET
83 26 251 Hummock Pond Road
83 25 249 Hummock Pond Road
83 29.4 257 Hummock Pond Road
83 29 253 Hummock Pond Road
82 42 241 Hummock Pond Road
82 32 245 Hummock Pond Road
82 43 243 Hummock Pond Road
82 38 233 Hummock Pond Road
Page 56 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
82 39 235 Hummock Pond Road
82 41 239 Hummock Pond Road
83 15 17 Osprey Way
83 21 16 Osprey Way
82 33 14 Osprey Way
82 44 12 Osprey Way
83 18 21 (a portion of) Osprey Way
83 16 19 Osprey Way
83 10 23 (a portion of) Osprey Way
82 35 13 (a portion of) Osprey Way
82 37 5 Osprey Way
82 3 11 (a portion of) Osprey Way
82 40 8 Osprey Way
82 4 7 (a portion of) Osprey Way
82 5 3 (a portion of) Osprey Way
83 27 2 Tautemo Way
83 23 1 Tautemo Way
83 28 4 Tautemo Way
83 22 3 Tautemo Way
83 19 6 Tautemo Way
83 20 5 Tautemo Way
83 17 7 Tautemo Way
83 11 10 (a portion of) Tautemo Way
83 12 12 (a portion of) Tautemo Way
83 13 14 (a portion of) Tautemo Way
82 2 20 (a portion of) Tautemo Way
83 14 16 (a portion of) Tautemo Way
82 1 18 (a portion of) Tautemo Way
2. 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
83 9 27 Osprey Way
83 18 (a portion of) 21 Osprey Way
83 10 (a portion of) 23 Osprey Way
82 35 (a portion of) 13 Osprey Way
82 3 (a portion of) 11 Osprey Way
82 4 (a portion of) 7 Osprey Way
82 5 (a portion of) 3 Osprey Way
83 11 (a portion of) 10 Osprey Way
83 12 (a portion of) 12 Tautemo Way
Page 57 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
83 13 (a portion of) 14 Tautemo Way
82 2 (a portion of) 20 Tautemo Way
83 14 (a portion of) 16 Tautemo Way
82 1 (a portion of) 18 Tautemo Way
3. By placing the following properties currently located in the Residential 20 (R-20) district within the Village Residential (VR) district:
MAP LOT NUMBER STREET
65 20.4 (a portion of) 209 Hummock Pond Road
65 20.3 (a portion of) 207 Hummock Pond Road
65 20.2 205 Hummock Pond Road
65 22 199 Hummock Pond Road
65 26 193 Hummock Pond Road
65 26.1 191 Hummock Pond Road
65 21 (a portion of) 201 Hummock Pond Road
65 22.1 (a portion of) 199A Hummock Pond Road
65 23 (a portion of) 195-195B Hummock Pond Road
65 24 (a portion of) 205R Hummock Pond Road
65 27 189 Hummock Pond Road
65 74 187 Hummock Pond Road
4. By placing the following properties currently located in the Limited Use General 2 (LUG-2) district within the Village Residential (VR) district:
MAP LOT NUMBER STREET
65 20.4 (a portion of) 209 Hummock Pond Road
65 20.3 (a portion of) 207 Hummock Pond Road
65 21 (a portion of) 201 Hummock Pond Road
65 22.1 (a portion of) 199A Hummock Pond Road
65 23 (a portion of) 195-195B Hummock Pond Road
65 24 (a portion of) 205 Hummock Pond Road
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 46 R-20 and
LUG-2 to VR” dated October 2020 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended by taking the following actions:
1. By placing the following properties currently located in the Residential 20 (R-20) district in the Village Residential (VR) district:
Page 58 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
MAP LOT NUMBER STREET
83 26 251 Hummock Pond Road
83 25 249 Hummock Pond Road
83 29.4 257 Hummock Pond Road
83 29 253 Hummock Pond Road
82 42 241 Hummock Pond Road
82 32 245 Hummock Pond Road
82 43 243 Hummock Pond Road
82 38 233 Hummock Pond Road
82 39 235 Hummock Pond Road
82 41 239 Hummock Pond Road
83 15 17 Osprey Way
83 21 16 Osprey Way
82 33 14 Osprey Way
82 44 12 Osprey Way
83 18 21 (a portion of) Osprey Way
83 16 19 Osprey Way
83 10 23 (a portion of) Osprey Way
82 35 13 (a portion of) Osprey Way
82 37 5 Osprey Way
82 3 11 (a portion of) Osprey Way
82 40 8 Osprey Way
82 4 7 (a portion of) Osprey Way
82 5 3 (a portion of) Osprey Way
83 27 2 Tautemo Way
83 23 1 Tautemo Way
83 28 4 Tautemo Way
83 22 3 Tautemo Way
83 19 6 Tautemo Way
83 20 5 Tautemo Way
83 17 7 Tautemo Way
83 11 10 (a portion of) Tautemo Way
83 12 12 (a portion of) Tautemo Way
83 13 14 (a portion of) Tautemo Way
82 2 20 (a portion of) Tautemo Way
83 14 16 (a portion of) Tautemo Way
82 1 18 (a portion of) Tautemo Way
2. By placing the following properties currently located in the Limited Use General 2
(LUG-2) district in the Village Residential (VR) district:
Page 59 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
MAP LOT NUMBER STREET
83 9 27 Osprey Way
83 18 (a portion of) 21 Osprey Way
83 10 (a portion of) 23 Osprey Way
82 35 (a portion of) 13 Osprey Way
82 3 (a portion of) 11 Osprey Way
82 4 (a portion of) 7 Osprey Way
82 5 (a portion of) 3 Osprey Way
83 11 (a portion of) 10 Osprey Way
83 12 (a portion of) 12 Tautemo Way
83 13 (a portion of) 14 Tautemo Way
82 2 (a portion of) 20 Tautemo Way
83 14 (a portion of) 16 Tautemo Way
82 1 (a portion of) 18 Tautemo Way
3. By placing the following properties currently located in the Residential 20 (R-20) district within the Village Residential (VR) district:
MAP LOT NUMBER STREET
65 20.4 (a portion of) 209 Hummock Pond Road
65 20.3 (a portion of) 207 Hummock Pond Road
65 20.2 205 Hummock Pond Road
65 22 199 Hummock Pond Road
65 26 193 Hummock Pond Road
65 26.1 191 Hummock Pond Road
65 21 (a portion of) 201 Hummock Pond Road
65 22.1 (a portion of) 199A Hummock Pond Road
65 23 (a portion of) 195-195B Hummock Pond Road
65 24 (a portion of) 205R Hummock Pond Road
65 27 189 Hummock Pond Road
65 74 187 Hummock Pond Road
4. By placing the following properties currently located in the Limited Use General 2
(LUG-2) district within the Village Residential (VR) district:
MAP LOT NUMBER STREET
65 20.4 (a portion of) 209 Hummock Pond Road
65 20.3 (a portion of) 207 Hummock Pond Road
65 21 (a portion of) 201 Hummock Pond Road
65 22.1 (a portion of) 199A Hummock Pond Road
65 23 (a portion of) 195-195B Hummock Pond Road
65 24 (a portion of) 205 Hummock Pond Road
Page 60 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 46 R-20 and
LUG-2 to VR Osprey and Tautemo Way, and Hummock Pond Road” dated October 2020.
PLANNING BOARD COMMENT: The lots subject to this article are located within the
Country Overlay District and the Hummock Pond Watershed. Rezoning these properties
to Village Residential (VR) reduces potential ground cover in the aggregate and removes the allowance of swimming pools by-right. This change to VR is consistent with
goals established in the 2009 Master Plan and more closely aligns future development potential with the surrounding area.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 47
(Zoning Bylaw Amendment and Zoning Map Amendment: Technical Amendments) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket and to amend the Zoning Map, 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-
sustentative 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. Amend section 2A (definitions) as follows:
APARTMENT A dwelling unit located within a commercial structure or detached structures on the
same lot with a commercial use. An apartment(s) shall not occupy more than 50% of the first floor area of the commercial structure(s)…
2. Amend section 8B as follows:
QUALIFIED FAMILY MEMBER The owner of the lot at the time the lot was subdivided into primary and secondary lots
and the owner's spouse, and their parents, grandparents, children, brothers and sisters, or as otherwise defined within the Nantucket Housing Needs Program regulations or
guidelines.
3. Amend section 8D(3)(c) as follows:
A minimum of Oone of the two lots shall be subject to an NHNC-Ownership Form, which
shall provide, without limitation, that the owner of that lot shall earn at or below 150% of the Nantucket County median household income, or the lot shall be subject to a
qualified family member deed restriction…
Page 61 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
4. Amend section 12G(3)(b) as follows:
In reviewing a use or expansion requiring either a minor or major site plan review within
the MIPOD, the Planning Board and/or the Director of Planning or his designee shall make a determination that the proposed use or improvements are generally consistent
with site plan review standards contained in § 139-23, and with the standards set down
in this § 139-12G.
5. Amend section 30H as follows:
Effect of zoning amendments on special permits issued. Construction or operation under a special permit shall conform to any subsequent amendment of this chapter unless the
use or construction is commenced within a period of not less more than 12 months after
the issuance of the special permit and, in cases involving construction, is continued through to completion as continuously and expeditiously as is reasonable.
6. Amend section 33B(1) as follows:
Unless the use or construction is commenced within a period of not more than six 12
months after the issuance of the permit; and
7. Amend the Zoning Map by placing a portion of the following properties currently
located in the Residential 40 (R-40) district in the Residential 1 (R-1) district:
Map Lot Number Street
55 928 8 Red Mill Lane
55 927 3 Old Mill Court
55 926 5 Old Mill Court
55 925 4 Old Mill Court
NOTE: The portion of these lots located in the R-40 district was formerly a portion of a
paper street. The majority of these lots are located within the R-1 district.
Or to take any other action related thereto.
(Select Board for Planning Board)
PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the
Town of Nantucket and the Zoning Map are 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 and, further, that non-sustentative 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. Amend section 2A (definitions) as follows:
Page 62 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
APARTMENT A dwelling unit located within a commercial structure or detached structures on the
same lot with a commercial use. An apartment(s) shall not occupy more than 50% of the first floor area of the commercial structure(s)…
2. Amend section 8B as follows:
QUALIFIED FAMILY MEMBER The owner of the lot at the time the lot was subdivided into primary and secondary lots
and the owner's spouse, and their parents, grandparents, children, brothers and sisters, or as otherwise defined within the Nantucket Housing Needs Program regulations or
guidelines.
3. Amend section 8D(3)(c) as follows:
A minimum of Oone of the two lots shall be subject to an NHNC-Ownership Form, which
shall provide, without limitation, that the owner of that lot shall earn at or below 150% of the Nantucket County median household income, or the lot shall be subject to a
qualified family member deed restriction…
4. Amend section 12G(3)(b) as follows:
In reviewing a use or expansion requiring either a minor or major site plan review within
the MIPOD, the Planning Board and/or the Director of Planning or his designee shall make a determination that the proposed use or improvements are generally consistent
with site plan review standards contained in § 139-23, and with the standards set down
in this § 139-12G.
5. Amend section 30H as follows:
Effect of zoning amendments on special permits issued. Construction or operation
under a special permit shall conform to any subsequent amendment of this chapter unless the use or construction is commenced within a period of not less more than 12
months after the issuance of the special permit and, in cases involving construction, is continued through to completion as continuously and expeditiously as is reasonable.
6. Amend section 33B(1) as follows: Unless the use or construction is commenced within a period of not more than six 12
months after the issuance of the permit; and
7. Amend the Zoning Map by placing a portion of the following properties currently
located in the Residential 40 (R-40) district in the Residential 1 (R-1) district:
Map Lot Number Street
55 928 8 Red Mill Lane
55 927 3 Old Mill Court
55 926 5 Old Mill Court
Page 63 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
55 925 4 Old Mill Court
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 47 R-40 to
R-1 Red Mill Lane and Old Mill Court” dated October 2020.
NOTE: The portion of these lots located in the R-40 district was formerly a portion of a paper street. The majority of these lots are located within the R-1 district.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of the motion is 2/3 ARTICLE 48
(Zoning Bylaw Amendment: Swimming Pool - Residential) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket, by taking the following actions (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-
sustentative 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. Amend section 2A (definitions) as follows:
SWIMMING POOL - RESIDENTIAL A structure designed …
• In the VR District only…
• In the R-1, SR-1, R-5, and R-5L districts only, the following criteria must be met: (1) a minimum lot area of 7,500 square feet is required, and (2) side and
rear yard setbacks of 10 feet shall apply to the residential swimming pool and associated mechanical equipment. This requirement shall apply to
residential swimming pools for which a building permit is issued after September 30, 2021.
2. Amend section 7A (use chart) by replacing “A” with “A with lot ≥ 7,500 sq ft” in the
“Swimming pool - residential” row in the R-1/SR-1 and R-5/R-5L columns.
Or, to take any other action related thereto.
(Select Board for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the
Town of Nantucket is hereby amended by taking the following actions (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-sustentative changes to the numbering of this bylaw be permitted in
Page 64 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
1. Amend section 2A (definitions) as follows:
SWIMMING POOL - RESIDENTIAL
A structure designed …
• In the VR District only…
• In the R-1, SR-1, R-5, and R-5L districts only, the following criteria must be
met: (1) a minimum lot area of 7,500 square feet is required, and (2) side
and rear yard setbacks of 10 feet shall apply to the residential swimming pool and associated mechanical equipment. This requirement shall apply to
residential swimming pools for which a building permit is issued after September 30, 2021.
2. Amend section 7A (use chart) by replacing “A” with “A with lot ≥ 7,500 sq ft” in the
“Swimming pool - residential” row in the R-1/SR-1 and R-5/R-5L columns.
PLANNING BOARD COMMENT: This article reflects several years of deliberation by the Planning Board and received its unanimous support. It only addresses lots under
7,500 square feet in the R-1/SR-1 and the R-5/R-5L districts - not the island as a whole. In the proposed coverage area there have been a number of concerns including, the
adverse effects of the impervious surface associated with swimming pools resulting in additional stormwater runoff affecting other properties and roads in areas prone to
flooding. In addition, noise and lights associated with pool operation has an increased
effect on neighbors abutting smaller lots, and in the areas closer to downtown, the historic character may be adversely impacted. The article imposes slightly increased
setbacks to address these concerns, but in effect allows property owners with sufficient land in the subject districts to choose how to allocate their space (for example,
depending on the available land, they might opt for a pool in lieu of a secondary
dwelling).
FINANCE COMMITTEE COMMENT: The Committee does not support the Planning Board Motion because we believe this proposed change could impact property owners
who bought their properties with the understanding that they were able to have pools. We encourage the Planning Board to survey the more than 700 property owners in R-1,
SR-1 and R-5 districts who today are eligible to have a pool and would be not be able to
in the future.
Quantum of vote required for passage of the motion is 2/3
Page 65 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 49 (Zoning Map Change: RC-2 to CN and/or LUG-2, and LUG-2 to CN – Bartlett Farm
Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by taking the following actions:
1. By placing a portion of the following properties currently located in the Residential
Commercial 2 (RC-2) zoning district in the Commercial Neighborhood (CN) district:
Map Parcel Number Street
82 502 23 (portion of) Bartlett Farm Road
82 503 33 (portion of) Bartlett Farm Road
65 16 39 (portion of) Bartlett Farm Road
2. By placing a portion of the following properties currently located in the Limited Use General 2 (LUG-2) zoning district in the Commercial Neighborhood (CN)
district:
Map Parcel Number Street
65 16.1 19 (portion of) Bartlett Farm Road
65 16 39 (portion of) Bartlett Farm Road
82 602 23 (portion of) Bartlett Farm Road
82 503 33 (portion of) Bartlett Farm Road
3. By placing the following property currently located in the Residential Commercial 2 (RC-2) zoning district in the Limited Use General 2 (LUG-2) zoning district:
Map Parcel Number Street
65 92 30 Bartlett Farm Road
(John W. Bartlett, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is
hereby amended by taking the following actions:
1. By placing a portion of the following properties currently located in the Residential Commercial 2 (RC-2) zoning district in the Commercial Neighborhood (CN)
district:
Map Parcel Number Street
82 502 23 (portion of) Bartlett Farm Road
82 503 33 (portion of) Bartlett Farm Road
65 16 39 (portion of) Bartlett Farm Road
2. By placing a portion of the following properties currently located in the Limited Use General 2 (LUG-2) zoning district in the Commercial Neighborhood (CN)
district:
Page 66 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Map Parcel Number Street
65 16.1 19 (portion of) Bartlett Farm Road
65 16 39 (portion of) Bartlett Farm Road
82 602 23 (portion of) Bartlett Farm Road
82 503 33 (portion of) Bartlett Farm Road
3. By placing the following property currently located in the Residential Commercial 2 (RC-2) zoning district in the Limited Use General 2 (LUG-2) zoning district:
Map Parcel Number Street
65 92 (a portion of) 30 Bartlett Farm Road
82 500 (a portion of) 41 Bartlett Farm Road
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 49 RC-2 to CN and/or LUG-2 and LUG-2 to CN Bartlett Farm Road” dated March 2021.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 50
(Zoning Map Change: R-5 to CN – 10 and 12 Young’s Way) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential -5 (R-5) zoning district in the Commercial Neighborhood (CN) district:
Map Parcel Number Street
68 243 10 Youngs Way
68 244 12 Youngs Way
(David A. Schulz, et al)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended by placing the following properties currently located in the Residential -
5 (R-5) zoning district in the Commercial Neighborhood (CN) district:
Map Parcel Number Street
68 243 10 Youngs Way
68 244 12 Youngs Way
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 50: R-5 to
CN 10 and 12 Young’s Way” dated February 2021.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Page 67 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Quantum of vote required for passage of the motion is 2/3 ARTICLE 51
(Zoning Map Change: SR-10 to SR-1 or SOH – 10 Clifton Street)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions:
1. Placing the following property currently located in the Sconset Residential-10
(SR-10) Zoning District in the Sconset Residential-1 (SR-1) Zoning District or the
Sconset Old Historic District (SOH):
10 Clifton Street, Nantucket Tax Assessor’s Map 73.4.1, Parcel 30
(John Brescher, et al)
PLANNING BOARD MOTION: Moved to take no action on the Article.
PLANNING BOARD COMMENT: The Planning Board determined that rezoning this
property at this time is premature since an update to the Sconset Area Plan is underway, and the workgroup will be looking at zoning alternatives for all properties in
Sconset that are currently within the SR-1 district.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 52 (Zoning Map Change: R-10 to CN–3 Cobble Court)
Carried Over from 2020 Annual Town Meeting 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 10 (R-10) district in the Commercial Neighborhood (CN) district:
Map Parcel Number Street
55 260 3 Cobble Court
All as shown on the attached map.
Or to take any other action related thereto.
(Susan C. Ottison, et al)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended by placing the following property currently located in the Residential 10
(R-10) district in the Commercial Neighborhood (CN) district:
Map Parcel Number Street
55 260 3 Cobble Court
Page 68 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 52: R-10 to
CN 3 Cobble Court” dated February 2021.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 53 (Zoning Map Change: VR to VN – Polpis Road and Chatham Road)
Carried Over from 2020 Annual Town Meeting To see of the Town will vote to take the following actions in regard to the following
property:
Map Lot Number Street
54 128/188 2 Polpis Road
54 187 4 Polpis Road
54 186 11 Chatham Road
54 125 13 Chatham Road
54 124 10 Polpis Road
54 183 12 Polpis Road
54 181 16 Polpis Road
54 180 18 Polpis Road
1) Amend the Zoning Map of the Town of Nantucket by placing the foregoing properties, currently located in the Village-Residential (V-R) district, to the
Village-Neighborhood (VN) zoning district.
All as shown on the attached map.
Or to take any other action related thereto.
(Robert Von Kampen, et al)
PLANNING BOARD MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 54 (Zoning Map Change: VR to R-20 – Chatham Road, Monomoy Road, Milestone Road
and Polpis Road)
To see if the Tow will vote to take the following actions in regard to the following properties:
Page 69 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Map Lot Number Street
54 48 1 Chatham Road
54 135 3 Chatham Road
54 68 1 Monomoy Road
54 136 5 Monomoy Road
54 130 16B Milestone Road
54 130.8 16A Milestone Road
54 130.2 16C Milestone Road
54 130.3 16D Milestone Road
54 130.4 16E Milestone Road
54 130.5 16F Milestone Road
54 130.6 16G Milestone Road
54 130.7 16H Milestone Road
54 128/188 2 Polpis Road
54 187 4 Polpis Road
54 186 11 Chatham Road
54 125 13 Chatham Road
54 124 10 Polpis Road
54 183 12 Polpis Road
54 181 16 Polpis Road
54 180 18 Polpis Road
(1) To place the foregoing properties noted, into the Town Overlay district; and,
(2) Amend the Zoning Map of the Town of Nantucket by placing the foregoing properties noted, currently located in the Village-Residential (V-R) district, in the Residential-20 (R-
20) zoning district.
All as shown on the attached map.
Or to take any other action related thereto.
(Robert Von Kampen, et al)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended by placing the following properties currently located in the Village
Residential (VR) district in the Residential 20 (R-20) district, and, to amend Chapter 139
(Zoning) of the Code of the Town of Nantucket, section 4E, by amending the Map entitled “Town and Country Designations” by placing the following properties currently
located in the Country Overlay District in the Town Overlay District:
Map Lot Number Street
54 48 1 Chatham Road
54 135 3 Chatham Road
54 132 5 Chatham Road
54 68 1 Monomoy Road
Page 70 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
54 136 5 Monomoy Road
54 47 8 Milestone Road
54 133 10 Milestone Road
54 130 16B Milestone Road
54 130.8 16A Milestone Road
54 130.2 16C Milestone Road
54 130.3 16D Milestone Road
54 130.4 16E Milestone Road
54 130.5 16F Milestone Road
54 130.6 16G Milestone Road
54 130.7 16H Milestone Road
54 128/188 2 Polpis Road
54 187 4 Polpis Road
54 186 11 Chatham Road
54 125 13 Chatham Road
54 124 10 Polpis Road
54 183 12 Polpis Road
54 181 16 Polpis Road
54 180 18 Polpis Road
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 54: Zoning
Map Change VR to R-20 and Town and Country Overlay District Change: Chatham Road, Monomoy Road, Milestone Road, and Polpis Road” dated February 2021.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 55
(Zoning Map Change: LUG-1 to R-20 – Chatham Road) To see if the Town will vote to take the following actions in regard to the following
properties:
Map Lot Number Street
54 229 10 Chatham Road
54 230 8 Chatham Road
(1) To place the foregoing properties noted, into the Town Overlay district; and,
(2) Amend the Zoning Map of the Town of Nantucket by placing the foregoing properties noted, currently located in the Limited Use General – 1 (LUG-1) district, in the
Residential-20 (R-20) zoning district.
All as shown on the attached map.
Page 71 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Or to take any other action related thereto.
(Diane Ryder, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is
hereby amended by placing the following properties currently located in the Limited Use General 1 (LUG-1) district in the Residential 20 (R-20) district, and, to amend Chapter
139 (Zoning) of the Code of the Town of Nantucket, section 4E, by amending the Map
entitled “Town and Country Designations” by placing the following properties currently located in the Country Overlay District in the Town Overlay District:
Map Lot Number Street
54 229 10 Chatham Road
54 230 8 Chatham Road
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 55: Zoning Map Change LUG-1 to VR and Town and Country Overlay District Change: Chatham
Road” dated February 2021.
PLANNING BOARD COMMENT: The Planning Board based its recommendation on a
restriction offered by the applicant to reduce additional lots that may be created by this rezoning to 1. The creation of an additional lot in this location is consistent with the scale
and density of surrounding properties.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 56 (Zoning Map Change: LUG-1 to VR-8 and 10 Chatham Road)
To see if the Town will vote to: Approve the zoning map change from the existing LUG-1 zone to the VR zone affecting the following properties;
8 CHATHAM ROAD, identified as Nantucket Assessor’s Map-54, Parcel-230 which property is immediately across the road from the existing VR zone;
10 CHATHAM ROAD, identified as Assessor’s Map-54, Parcel-229, which property is
immediately across the road from the exiting VR zone
; or otherwise act thereon.
(Diane Ryder, et al)
PLANNING BOARD MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Page 72 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Quantum of vote required for passage of the motion is 2/3 ARTICLE 57
(Zoning Map Change: R-20 to R-5 – Mayflower Circle and Evergreen Way)
To see if the Town will vote to take the following actions in regard to the following properties:
Map Parcel Number Street
68 728 2 Mayflower Circle
68 773 32 Evergreen Way
(1) Amend the Zoning Map of the Town of Nantucket by placing the foregoing properties noted, currently located in the Residential-20 (R-20) zoning district into the
Residential-5 (R-5) zoning district.
All as shown on the attached map.
Or to take any other action related thereto.
(Linda Williams, et al)
PLANNING BOARD MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 58 (Zoning Map Change: R-20 to CTEC and/or CN – Old South Road and Airport Road)
To see if the Town will vote to take the following actions in regard to the following properties:
Map Lot Number Street
68 167 111 Old South Road
68 168 113 Old South Road
68 112 115 Old South Road
68 111 117 Old South Road
68 48 1 Airport Road
68 49 7 Airport Road
(1) Amend the Zoning Map of the Town of Nantucket by placing the foregoing
properties, currently located in the Residential-20 (R-20) district, in the CTWC (Commercial-Trade, Entrepreneurship and Craft) and/or CN (Commercial-Neighborhood) zoning district:
All as shown on the attached map.
Page 73 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Or to take any other action related thereto.
(Tom Hanlon, et al)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended by placing the following properties currently located in the Residential
20 (R-20) district in the Commercial Trade Entrepreneurship and Craft (CTEC) district:
Map Lot Number Street
68 167 111 Old South Road
68 168 113 Old South Road
68 112 115 Old South Road
68 111 117 Old South Road
68 48 1 Airport Road
68 49 7 Airport Road
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 58: R-20 to CTEC: Old South Road and Airport Road” dated February 2021.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 59
(Zoning Map Change: LUG-1 to R-40 - 18 Evergreen Way) To see if the Town will vote to: Approve the zoning map change from the existing
LUG-1 zone to the R-40 zone affecting the following property;
18 EVERGREEN WAY, identified as Nantucket Tax Assessor’s Map-68, Parcel 708
which property currently abuts the existing R-40 zone
; or otherwise act thereon.
(Brian Ryder, et al)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended by placing the following property currently located in the Limited Use
General 1 (LUG-1) district in the Residential 40 (R-40) district:
Map Lot Number Street
68 708 18 Evergreen Way
All as shown on a map entitled “2021 Annual Town Meeting Warrant Article 59: LUG-1
to R-40: 18 Evergreen Way” dated February 2021.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Page 74 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Quantum of vote required for passage of the motion is 2/3
ARTICLE 60
(Zoning Map Change: LUG-2 to R-20 – Rugged Road) Carried Over from 2020 Annual Town Meeting
To see if the Town will vote to take the following actions in regard to the following property:
Map Lot Number Street
67 166 25 Rugged Road
1) Amend the Zoning Map of the Town of Nantucket by placing the foregoing property, currently located in the Limited Use General – 2 (LUG-2) district, to the
Residential-20 (R-20) zoning district:
All as shown on the attached map.
Or to take any other action related thereto.
(Irene Schreiber, et al)
PLANNING BOARD MOTION: Moved to take no action on the Article.
PLANNING BOARD COMMENT: Extending the R-20 zoning district and Town Overlay
District to include these properties was not supported and the Board found that Rugged Road should remain as the district boundary between LUG-2 and R-20. Following a
lengthy discussion, the Planning Board determined that the potential impacts of this
rezoning proposal, which was carried over from the 2020 ATM, would have a negative impact on the low density and rural character of the area east of the Beach Plum Village
40B.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion.
Quantum of vote required for passage of the motion is 2/3 ARTICLE 61
(Zoning Map Change: LUG-3 to LUG-1 – Driscoll Way)
Carried Over from 2020 Annual Town Meeting To see if the Town will vote to take the following actions in regard to the following
property:
Map Lot Number Street
76 4.1 2 Driscoll Way
76 4.2 6 Driscoll Way
76 4.3 10 Driscoll Way
Page 75 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
1) Amend the Zoning Map of the Town of Nantucket by placing the foregoing properties, currently located in the Limited Use General – 3 (LUG-3) district, to the
Limited Use General – 1 (LUG-1) zoning district:
All as shown on the attached map.
Or to take any other action related thereto.
(James M. Driscoll II, et al)
PLANNING BOARD MOTION: Moved to take no action on the Article.
PLANNING BOARD COMMENT: This Article was carried over from the 2020 Annual Town Meeting, at which time the Board did not support the Article based on extensive
discussion during its public hearings. Prior to the Planning Board public hearing for the
2021 Annual Town Meeting, the proponent indicated to the Planning Board that they no longer wanted to advance this article.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 62
(Zoning Bylaw Amendment: Island Perimeter Restrictions) To see if the Town will vote to:
Proposed Amendments to Nantucket Zoning Bylaw Ch 139 S 22
§ 139-22. Island perimeter restrictions. [Amended 5-5-1992 ATM by Art. 38, AG
approval 8-3-1992; 4-10-1995 ATM by Art. 50, AG approval 5-22-1995; 4 13-1998 ATM by Art. 35, AG approval 7-31-1998; 4-10-2000 ATM by Art. 29, AG approval 8-2-2000;
4-13-2005 ATM by Art. 45, AG approval 10-19-2005; 10-23-2006 STM by Art. 16, AG approval 3-21-2007; 4-9-2007 ATM by Art. 28, AG approval 6-28-2007; 4-8-2008 ATM
by Art. 52, AG approval 8-18 2008]
A. There shall not be permitted in or upon the areas adjacent to Nantucket Sound and
the Atlantic Ocean between the water and the primary coastal bank or, in the absence of a bank, the line of upland vegetation, any dwelling, except dwellings which have
continued in lawful existence since April 6, 1982.
B. Except as otherwise provided in Paragraphs C, D and E of this § 139-22, the construction of new docks and piers and wharves, the extension of existing docks, piers or wharves, and the addition or creation of new appurtenant structures (defined as floats
or ramps) for existing docks, piers or wharves is prohibited for shorefront land in all districts, except those docks, wharves and piers approved by the Nantucket
Conservation Commission in the former Residential Commercial Districts as of July 31, 2005, and where a private pier previously existed on the premises. Nothing in this §
139-22 shall prohibit nor regulate the repair, maintenance or like-kind replacement of
Page 76 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
any lawfully existingpreexisting nonconforming dock, pier or wharf so long as such dock, pier or wharf is not extended nor any new appurtenant structures are added thereto.
C. In the Harbor Overlay District and for commercial water-dependent uses only, (1)
new docks, piers or wharves; for commercial water-dependent use and (2) the extension of any lawfully existing docks, piers or wharves; and (3) the addition of new appurtenant
structures to any lawfully existing docks, piers or wharvesf; for purposes of commercial
water-dependent uses are permitted uses.
D. Any proposed extension or reconfiguration of or addition or creation of new appurtenant structures to a preexisting legally nonconforming dock, pier or wharf must
be reviewed and approved by the special permit granting authority in accordance with § 139-33A(41). In addition to the findings required by that section, the special permit
granting authority shall find that the proposed extension, reconfiguration or addition
does not result in a net increase of the structure’s existing footprint and is not more detrimental to the marine environment than the existing structure. Such applications
shall be referred by the special permit granting authority to the Department of Marine and Coastal Resources Harbor Master and the Natural Resources Department, or its
successor agency, for comment and recommendation in accordance with the
procedures of § 139-30.
E. In all districts new docks, wharves and piers of municipal, county, state, or federal agencies or public docks as defined below, and/or community docks serving areas that
are not accessible by landbased transportation are permitted uses. The words “public docks” as used in this section shall be defined as a dock, pier or wharf that is open to
the public at large, or at which services or goods for vessels are made available directly
to the public.
(Emily Molden, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the
Town of Nantucket, section 22, 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 and, further, that non-
sustentative 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):
§ 139-22. Island perimeter restrictions.
A. There shall not be permitted in or upon the areas adjacent to Nantucket Sound and the Atlantic Ocean between the water and the primary coastal bank or, in the absence of
a bank, the line of upland vegetation, any dwelling, except dwellings which have continued in lawful existence since April 6, 1982.
B. Except as otherwise provided in Paragraphs C, D and E of this § 139-22, the construction of new docks and piers and wharves, the extension of existing docks, piers
or wharves, and the addition or creation of new appurtenant structures (defined as floats or ramps) for existing docks, piers or wharves is prohibited for shorefront land in all
Page 77 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
districts, except those docks, wharves and piers approved by the Nantucket Conservation Commission in the former Residential Commercial Districts as of July 31,
2005, and where a private pier previously existed on the premises. Nothing in this § 139-22 shall prohibit nor regulate the repair, maintenance or like-kind replacement of
any lawfully existingpreexisting nonconforming dock, pier or wharf so long as such dock, pier or wharf is not extended nor any new appurtenant structures are added thereto.
C. In the Harbor Overlay District and for commercial water-dependent uses only, (1) new docks, piers or wharves; for commercial water-dependent use and (2) the extension
of any lawfully existing docks, piers or wharves; and (3) the addition of new appurtenant structures to any lawfully existing docks, piers or wharvesf; for purposes of commercial
water-dependent uses are permitted uses.
D. Any proposed extension or reconfiguration of or addition or creation of new
appurtenant structures to a preexisting legally nonconforming dock, pier or wharf must be reviewed and approved by the special permit granting authority in accordance with §
139-33A(41). In addition to the findings required by that section, the special permit granting authority shall find that the proposed extension, reconfiguration or addition
does not result in a net increase of the structure’s existing footprint and is not more
detrimental to the marine environment than the existing structure. Such applications shall be referred by the special permit granting authority to the Department of Marine
and Coastal Resources Harbor Master and the Natural Resources Department, or its successor agency, for comment and recommendation in accordance with the
procedures of § 139-30.
E. In all districts new docks, wharves and piers of municipal, county, state, or federal
agencies or public docks as defined below, and/or community docks serving areas that are not accessible by landbased transportation are permitted uses. The words “public
docks” as used in this section shall be defined as a dock, pier or wharf that is open to the public at large, or at which services or goods for vessels are made available directly
to the public.
PLANNING BOARD COMMENT: The changes included in this Article are primarily non-
substantive in nature and result in the use of more consistent terms used throughout the bylaw. The substantive change is the addition of a requirement that the special permit
granting authority must make a finding that the proposed extension, reconfiguration, or
addition of a dock, pier, or wharf is not more detrimental to the marine environment than the existing structure. Although an application must be referred to the Harbor Master
and the Natural Resources Department for comment, the addition of this finding reiterates the importance of considering the impacts to the marine environment.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
SELECT BOARD COMMENT: The Board supports the Planning Board Motion and
Comment.
Page 78 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Quantum of vote required for passage of the motion is 2/3 ARTICLE 63
(Zoning Bylaw Amendment: Commercial Mid-Island – Height Restriction)
Carried Over from 2020 Annual Town Meeting Reason and Intent;
At the 2016 Annual Town Meeting, Article 36 was adopted. The article had several
sections, was complicated and in the case of changes in Section 17A, not in the best
interests of Nantucket. The change in Section 17A involved the change of the height restriction for the SMI District from 30 feet to 40 feet. . This Article will reestablish the
same height limitation as exist in the other districts referenced in Chapter 17 Section 17A.
The Article:
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):
To amend section 17A as follows:
A. Building and structure height is measured as the average height of all sides of a building or structure from the average mean grade to the highest point of the building
and/or structure. There shall be only one highest point for each building and/or structure.
No one building and/or structure side shall exceed 32 feet, except in the CDT and CMI districts, or as otherwise permitted. Height limitations, except as noted in the Village
Height Overlay District, shall be as follows:
Zoning District Maximum Height
Country Overlay District SR-1, SOH, SR-10, SR-20, LUG-1, LUG-2, LUG-3, MMD,
VN, VTEC, VR
30
Town Overlay District R-1, ROH, R-5, R-10, R-20,
R-40, CDT, CN, CTEC, Cl, RC, RC-2, LC
30
Town Overlay District CMI
40 30
Or to take any other action related thereto.
(Vallorie Oliver, et al)
Page 79 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
PLANNING BOARD MOTION: Moved to take no action on the Article.
PLANNING BOARD COMMENT: This Article was carried over from the 2020 Annual Town Meeting, at which time the Board did not support the Article based on extensive
discussion during its public hearings. Prior to the Planning Board public hearing for the 2021 Annual Town Meeting, the proponent indicated to the Planning Board that they no
longer wanted to advance this article.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 64 (Zoning Bylaw Amendment/Home Rule Petition: Coastal Erosion Liability Waiver)
Carried Over from 2020 Annual Town Meeting
Reason and Intent;
This article was included in the 2015 ATM. It was recommended for adoption by the Finance Committee, but was “Not adopted by Majority Voice Vote”. With the passage of
time, protecting the Town from liability due to climate change and seal level rise is only more important. The impact is prospective and the sooner action is taken, the sooner protection will begin. It is just a matter of property owners accepting personal
responsibility. The article below is exactly the same as the one for 2015 and was drafted by Town Counsel.
The Article:
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, Section 139-26, as follows (NOTE: new language is shown as
highlighted text; 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); and to further authorize the Board of Selectmen to file a Home Rule
Petition with the General Court to effectuate the purposes and intent of the zoning
amendment should it be deemed necessary and/or prudent to do so by the Board of Selectmen:
Chapter 139 ZONING
Article V. Administration and Enforcement
§ 139-26. Issuance of building and use permits.
A. No building or structure shall be used, erected, constructed, relocated, added to or otherwise subjected to alteration, or demolished without a building or use permit having
been issued by the Building Commissioner for any use or structure. No lot shall be
Page 80 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
changed from its use preexisting the July 27, 1972, effective date of this chapter, except to its natural condition allowed by § 139-7A(5) above, without a use permit or a building
permit permitting such use. No such permit shall be issued until such construction, erection, relocation, addition, alteration, demolition or use, as proposed, shall comply in
all respects with the provisions of this chapter as determined by the Zoning Enforcement Officer or with a decision rendered by the Board of Appeals, the Planning Board, or the
courts in the case of appeals.
(1) Demolition delay.
(e) Issuance of building, use, or occupancy permit.
[1] If it has been determined that a building is subject to review, pursuant to Subsection
A(1)(b) above, no building permits shall be issued for the erection of a new building on
the site of such building subject to review before issuing a demolition permit for such building subject to review in compliance with this section.
[2] If it has been determined that a building subject to review has been voluntarily
demolished in violation of this section, no building permits shall be issued for new
construction, or any use or occupancy permit for any use other than a park or recreational open space, with respect to the premises of such building for a period of
two years after the date of the determination. As used herein, "premises" includes the parcel of land upon which the demolished building was located and all abutting parcels
under common ownership or control.
[3] The applicant (or the owner of record, if different from the applicant) shall be
responsible for properly securing the building during the time that it is subject to review under this section. If a building is subject to demolition delay, pursuant to Subsection
A(1)(b) above, and the applicant fails to secure the building, the loss of the building to fire or other causes shall be considered voluntary demolition for the purposes of this
section.
[4] The issuance of a building permit for construction on Shorefront Land or within 300
feet of Shorefront Land shall be required to, in exchange for the issuance of the building permit required by this Section, execute a release, hold harmless and indemnification
agreement (“Release”) relative to said permitting and the potential for coastal erosion
and impacts on or elimination of public access to the property at issue. Said Release shall be maintained by the Building Commissioner.
(2) Any applicant seeking a building permit pursuant to the terms of this Section for
construction on Shorefront Land or property within 300 feet of Shorefront Land shall be required to, in consideration for the issuance of the building permit required by this
Section, execute a release, hold harmless and indemnification agreement (“Release”)
acknowledging the potential for coastal erosion in the vicinity of the property at issue and the potential for impacts on or elimination of public access to said property due to
coastal erosion. Pursuant to said Release and the issuance of a permit, the applicant shall understand and be advised that the proposed construction/reconstruction site at or
Page 81 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
within 300 feet of the Shorefront Land may be subject to extraordinary hazards and damage from waves during storms, erosion, retreat, settlement, sinking, or subsidence
and said Owner shall assume full and sole risk for such hazards, including any restrictions on public access to said property. As such, the Owner shall unconditionally
waive any present, future, and unforeseen causes of action and claims of liability on the part of the Town arising from the aforementioned or other natural hazards and relating to
said permit approval and resultant construction, as a condition of approval. Further, the
Owner shall agree to indemnify and hold harmless the Town and its departments, boards, officials and employees for any acts or omissions and related cost of defense,
including, but not limited to, claims related to impacts on or reductions in public access to said property, arising from the aforementioned or other natural hazards whether such
claims should be stated by the Owner, Owner's successor-in-interest and/or third parties.
D. Issuance of permits. Upon receiving the application, the Building Inspector shall examine the same within a reasonable time after filing. The Zoning Enforcement Officer
shall provide the Building Commissioner with a certificate of compliance with this chapter. If the application does not conform to the provisions of all pertinent local laws,
the Building Commissioner shall reject such application in writing, stating the reasons
therefore, within 30 days of the submission of a complete application.
(1) He shall inform the applicant of his right of appeal to the Board of Appeals in the event such application is rejected.
(2) If satisfied that the proposed work and/or use conforms to the provisions of this
chapter and all laws and ordinances applicable thereto, he shall issue a building or use
permit thereto, within 30 days of the submission of a complete application.
(3) The issuance of a permit for construction on Shorefront Land or within 300 feet of Shorefront Land shall be required to, in exchange for the issuance of the building permit
required by this Section, execute a release, hold harmless and indemnification
agreement (“Release”) relative to said permitting and the potential for coastal erosion and impacts on or elimination of public access to the property at issue. Said Release
shall be maintained by the Building Commissioner.
H. Temporary permit. A temporary permit may, upon written request of an applicant, be
authorized by a favorable vote of at least four members of the Board of Appeals for a nonconforming structure or use which the Board of Appeals finds necessary to promote
the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit (unless previously
made conforming or validated) without cost to the Town (unless the Town is the applicant). Such permit may be renewed annually for an aggregate period not exceeding
three years. Applicants for a temporary permit to engage in construction on Shorefront
Land or within 300 feet of Shorefront Land shall be required to, in exchange for the issuance of a temporary building permit, execute a release, hold harmless and
indemnification agreement (“Release”) relative to said permitting and the potential for coastal erosion or impacts on or elimination of public access to the property at issue.
Page 82 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
I. Payment of fees. No building or use permit shall be issued until the fees prescribed by
the Board of Selectmen shall be paid to the Building Inspector.
J. Compliance with permit. All work or uses shall conform to the approved application for which the permit has been issued as well as the approved plot plan.
K. Disclaimer of Liability. This Bylaw shall not create any liability on the part of the Town, its departments, boards, officials and employees for any extraordinary hazards and
damage from waves during storms, erosion, retreat, settlement, sinking, or subsidence damage that results from reliance on this Bylaw or any administrative decision made
lawfully thereunder.
(Rick Atherton, et al)
PLANNING BOARD MOTION: Moved to take no action on the Article.
PLANNING BOARD COMMENT: The Board acknowledges that the intent of this Article
may have merit, however, significantly more discussion is needed to develop this concept. Requiring such a waiver as a prerequisite to the issuance of a building permit
may not be the most appropriate approach. Input from various town departments as well as boards/committees/commissions who are involved with coastal issues should occur
before this type of concept is adopted.
FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board
Motion.
Quantum of vote required for passage of the motion is 2/3
ARTICLE 65 (Affordable Housing Requirements)
Carried Over from 2020 Annual Town Meeting
To see if the Town will vote to: To require the Town of Nantucket to create and enforce legislation and regulations to enact and enforce the attachment of the state
mandated 10% affordable housing to our local building permit process. 10% of new residence permits issued annually (both year round and seasonal) shall be designated
affordable. For each 10 residential permits issued 1 shall be affordable; or otherwise act thereon.
(Andrew G. Lowell, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: Town Counsel has advised that this Article is not
legally enforceable.
Page 83 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 66 (Public Property Damage)
Carried Over from 2020 Annual Town Meeting To see if the Town will vote to: require the Town of Nantucket through the PLUS
department to create and enforce regulations to hold accountable all land owners to repair damage to public property caused by permitted activity. All applicants to the
PLUS Department must submit photos of surroundings 500 feet beyond each boundary
to a public way areas of concern shall include streets/roads, shoulders, sidewalks, medians and bike paths. These areas shall be inspected and approved before a
certificate of occupancy or completion is issued; or otherwise act thereon.
(Andrew G. Lowell, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The Finance Committee notes that the FY 2022 General Fund budget includes funding for a new position of Construction Supervisor in
the DPW budget. When this position is filled, its responsibilities will include tracking and enforcing compliance with existing regulations, and potentially expanding or adopting
new regulations, including any associated fees.
ARTICLE 67
(Prohibiting Roundabouts Near Schools) Carried Over from 2020 Annual Town Meeting
To see if the Town will vote to: Prohibit the construction of a rotary, a roundabout or a traffic circle by any other name on any public way within 1000 feet of a public school
in the Town of Nantucket.
; or otherwise act thereon.
(John F. McGrady, Jr., et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
ARTICLE 68
(Real Estate Transfer: Land from Roadway/Roundabout Purposes to School Committee Control)
To see if the Town will vote to transfer the care, custody, management and
control of the following parcels of land from the following boards for the purposes for which they are currently held from the Board of Selectmen back to the School
Committee for the purposes as follows:
˖Tax Assessor’s Map 55, Parcel 137 (a portion of), 10 Surfside Road, from the Control of the Town to be returned to the School Committee and to be held for school
purposes;
Or otherwise act thereon.
(John F. McGrady, Jr., et al)
Page 84 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
ARTICLE 69 (Complaint Committee)
Carried Over from 2020 Annual Town Meeting To see if the Town will vote to: Approve that all Town of Nantucket Departments
and Boards, staffed by employees, elected or howsoever constituted, or empowered,
and including the office of Town Administration and its head, set full, clear and published standards for their performance and, included therewith, have a full and clear accessible
complaints procedure together with appropriated redress for the user of the services when its alleged that wrongdoing or maladministration has occurred. Moreover, see if
the Town will vote to approve, within any limitations set by the laws of the Commonwealth of Massachusetts, the formation of a committee to deal with complaints of wrongdoing or maladministration made against and employee of the Town of
Nantucket, any Department of the Town of Nantucket or any Board of Member of a Board elected by voters of the Town of Nantucket.
(Theresa Williams, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
ARTICLE 70
(Bylaw Amendment: Noise) To see if the Town will vote to amend Chapter 101 (Noise) by taking the following
actions:
1. To delete, in its entirety, all existing language in Chapter 101; and
2. To insert the following new language:
§ 101-1. General Prohibitions, Exemptions, Relief, Violations and Penalties.
A. Prohibited Noises.
It shall be unlawful for any person or persons, to create, assist in creating, cause or suffer or allow any excessive, unnecessary, loud or unusual noise which either
annoys, disturbs, injures or endangers the reasonable quiet, comfort, repose or the health or safety of others by taking any of the following actions:
a. making of loud outcries, exclamations, other loud or boisterous noises or loud and boisterous singing by any person or group of persons or in the use of any
device to amplify the aforesaid noise between the hours of 10:00 p.m. and 7:00 a.m. (7:30 a.m. between June 15th and September 15th in each year)
where the noise is plainly audible at a distance of 100 feet from the source of the noise or the property line of the building, structure, vehicle, vessel, or
premises in which or from which it is produced. The fact that the noise is
plainly audible at a distance of 100 feet from its source or the property line of the building, structure, vehicle, vessel or premises in which or from which it
originates shall constitute prima facie evidence of a violation of this section.
Page 85 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
b. to operate, play or permit the operation or playing of any electronic sound producing device, radio, television, phonograph, drum, musical instrument,
sound amplifier or similar device which produces, reproduces or amplifies sound between the hours of 10:00 p.m. and 7:00 a.m. (7:30 a.m. between
June 15th and September 15th in each year) where the noise is plainly audible at a distance of 100 feet from the source of the noise or the property
line of the building, structure, vehicle, vessel, or premises in which or from
which it is produced. The fact that the noise is plainly audible at a distance of 100 feet from the property line of the building, structure, vehicle, vessel or
premises in which or from which it originates shall constitute prima facie evidence of a violation of this section.
c. to load, unload, open, close or otherwise handle boxes, crates, containers,
building materials, trash cans, dumpsters or similar objects between the hours
of 10:00 p.m. and 6:00 a.m. so as to unreasonably project sound across a real property line.
d. operating or permitting the operation of any mechanically powered tools or
equipment actually being used in ongoing building construction, building
renovations, non-emergency building maintenance, or building demolition work is prohibited between the hours of 8:00 p.m. and 7:00 a.m. (7:30 a.m.
between June 15th and September 15th in each year, except for in the Old Historic District (OHD) as shown on the map entitled “Core Historic Districts”,
dated April 9, 2019, as may be amended from time to time, where the prohibition is between the hours of 5:00 p.m. and 8:00 a.m. between and
including July 1 and Labor Day) Monday through Saturday and before 10:00
a.m. Sunday. The fact that the sound therefrom is plainly audible at a distance of 50 feet from its source or the property line of the building, structure, vehicle,
vessel or premises in which or from which it originates shall constitute prima facie evidence of a violation of this section. Work referenced in this section
shall include any work for which a building, sidewall or roof, shingle, trench,
tent, plumbing, gas, or wiring permit has been issued by the Town of Nantucket and any work for which a Certificate of Appropriateness has been
issued by the Historic District Commission.
e. operating or permitting the operation of any mechanically powered tool (such
as saws, drills, sanders, grinders, nail guns) or mechanically powered lawn or garden tool, or similar device used outdoors shall be prohibited between the
hours of 10:00 p.m. and 7:00 a.m. (7:30 a.m. between June 15th and September 15th in each year , except for in the Old Historic District (OHD) as
shown on the map entitled “Core Historic Districts”, dated April 9, 2019, as may be amended from time to time, where the prohibition is between the
hours of 5:00 p.m. and 8:00 a.m. between and including July 1 and Labor
Day) Monday through Saturday and before 10:00 a.m. Sunday. The fact that the sound is plainly audible at a distance of 50 feet from its source of the
property line on which the tools are being used shall be prima facie evidence
Page 86 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
of a violation of this section. Hand-held lawn and garden tools with gas powered engines shall be prohibited beginning July 1, 2025.
f. repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or
motorboat in such a manner as to be plainly audible at a distance of 50 feet from the source of the sound or the property line of the premises on which
said activity is located is prohibited between the hours of 10:00 p.m. and 7:00
a.m. (7:30 a.m. between June 15th and September 15th in each year) Monday through Saturday and before 10:00 a.m. Sunday. The fact that the
sound is plainly audible at a distance of 50 feet from its source of the property line on which the work is being conducted shall be prima facie evidence of a
violation of this section.
B. Exemptions.
The following uses and activities shall be exempt from subsection A of this Chapter:
a. Noises of safety signals, warning devices and emergency pressure-relief valves.
b. Noises resulting from any vehicle when responding to an emergency call or acting in time of emergency.
c. Noises resulting from emergency and maintenance work as authorized by the
Town, by the state or by public utility companies.
d. Noises resulting from activities of a temporary duration permitted by a permit
issued in accordance with this bylaw, but only to the extent such activities and the resulting noises are within the scope of such license or permit.
e. Bells, chimes or carillons while being used for religious purposes or in
conjunction with religious services, and those bells, chimes or carillons
C. Permit for relief.
a. Upon written application, the Select Board, or its designee, may issue a permit authorizing an activity which is likely to result in noise that would
otherwise be prohibited by Section 101-1(A) of this Bylaw.
b. The application shall be in writing, and shall contain the following information:
1. The name, address, e-mail address and phone number of the proponent of
the activity;
2. The specified dates and times of the proposed activity;
3. The particular location, specifying outdoors, indoors or indoors open to the
outdoors, and where on the premises the specified noise is to originate;
Page 87 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
4. Proof of ownership or the right to use the property in question; and
5. The type of noise: i.e., amplified music, amplified speaking or singing voice, live band, acoustic musical instrument, or construction work, other.
c. The Board or its designee will issue a decision on the application within seven
days of receipt thereof, unless the applicant demonstrates a need for the
permit in a lesser period of time, provided, however, that a timely decision cannot be guaranteed if less than forty-eight hours’ notice is required.
d. The Board or its designee may grant the permit subject to reasonable time,
place and manner restrictions to protect public health, safety and welfare so as to advance the purposes of this Bylaw to the greatest extent possible.
e. The Board or its designee may deny the application if the activity conflicts with another activity previously permitted, if the activity presents a threat to public
health or safety or welfare, or if the activity is prohibited by the laws of the Commonwealth or the Town of Nantucket. If the application is denied, the
Board or its designee shall provide the applicant with a statement of reasons.
f. The Select Board may enact regulations to effectuate the purposes of this
Bylaw.
g. The issuance of a permit pursuant to this Bylaw shall not relieve the applicant of the requirements of any other applicable laws concerning the activity at
issue.
§ 101-2. Air Conditioning and Air Handling Equipment, Pumps, Fans and Compressors
Sound Level Limit, Measurement, Violations and Penalties.
A. Prohibited Noises.
a. No person shall operate or cause to be operated any air conditioning or air-handling equipment, swimming pool or spa pump, or an exhaust fan, in such a
manner as to exceed 55 dBA over a 10-minute period of time, measured from a distance of 40 feet or more from the source of the sound or the property line
of the premises on which said activity is located at any time of the day or
night.
b. Upon written notice to the owner of the property as recorded with the Nantucket Assessor of a violation of paragraph §101-2 (A), and the property
owner fails to mitigate the violation within fourteen (14) days, then the property owner shall be deemed to be in violation of paragraph §101-2 (A).
B. Sound Measurement. a. The measurement of sound or noise shall be made with a sound-level meter
meeting the standards prescribed by ANSI S1.4, as may be amended or superseded from time-to-time. The instrument shall be maintained in
Page 88 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall
be taken so as to provide a proper representation of the noise source. During measurement, the microphone shall be positioned so as not to create any
unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other
transportation noise sources and other background noises shall not be
considered in taking measurements except where such background noise interferes with the primary noise being measured. Sound levels limits
pursuant to this rule shall be measured over a 10-minute period of time with a sound level meter. Sound levels which exceed the limits set forth in paragraph
A above when measured are a violation of this rule.
§101-3. Enforcement and Penalties.
A. This Bylaw may be enforced by Board of Health officials, Nantucket Police
Department Employees, PLUS Inspectors, Natural Resources Enforcement Officers, and any other agents appointed by the Select Board.
B. Whoever violates any provision of this Bylaw may be penalized by a noncriminal disposition process as provided in Massachusetts General Laws, Chapter 40,
section 21D and the Town's non-criminal disposition by-law, Sections 1-2, 1-3, 1-4, 1-5, and 1-6 of the Code of the Town of Nantucket.
C. If non-criminal disposition is elected, then any person who violates any provision
of this Bylaw shall be subject to a penalty in the amount of three hundred dollars
($300.00) for each violation; provided, however, that a first offense may be the subject of a warning in the officer’s discretion.
D. Each such act which constitutes a violation of this Bylaw, which either continues
or is repeated more than 30 minutes after the issuance of an order to cease said
activities, shall be considered a separate offense. If more than one, each condition violated shall constitute a separate offense.
E. A violation of this Chapter may be deemed a breach of the peace. Violators shall
first be given a verbal order by the enforcing police officer to cease or abate the
noise immediately or within a specified period of time. If the person or persons so ordered do not comply with the verbal order, the enforcing police officer may
arrest such person or persons for a violation of this Chapter.
F. Whoever violates any provision of this Bylaw may be penalized by indictment or on complaint brought in the district court. Except as may be otherwise provided
by law and as the district court may see fit to impose, the maximum penalty for
each violation or offense shall be three hundred dollars ($300). Each day or portion thereof shall constitute a separate offense. If more than one, each
condition violated shall constitute a separate offense.
Page 89 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
G. The Town may enforce this Bylaw or enjoin violations thereof through any lawful process, and the election of one remedy shall not preclude enforcement through
any other lawful means.
(Select Board) FINANCE COMMITTEE MOTION: Moved that Chapter 101- 1 (Noise: General
Prohibitions, Exemptions, Relief, Violations and Penalties) 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 and, further, that non-sustentative 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):
§ 101-1. General Prohibitions, Exemptions, Relief, Violations and Penalties.
A. Prohibited Noises.
It shall be unlawful for any person or persons, to create, assist in creating, cause or suffer or allow any excessive, unnecessary, loud or unusual noise which either
annoys, disturbs, injures or endangers the reasonable quiet, comfort, repose or the
health or safety of others by taking any of the following actions:
a. making of loud outcries, exclamations, other loud or boisterous noises or loud and boisterous singing by any person or group of persons or in the use of any
device to amplify the aforesaid noise between the hours of 10:00 p.m. and 7:00 a.m. (7:30 a.m. between June 15th and September 15th in each year)
where the noise is plainly audible at a distance of 100 feet from the source of
the noise or the property line of the building, structure, vehicle, vessel, or premises in which or from which it is produced. The fact that the noise is
plainly audible at a distance of 100 feet from its source or the property line of the building, structure, vehicle, vessel or premises in which or from which it
originates shall constitute prima facie evidence of a violation of this section.
b. to operate, play or permit the operation or playing of any electronic sound
producing device, radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies
sound between the hours of 10:00 p.m. and 7:00 a.m. (7:30 a.m. between
June 15th and September 15th in each year) where the noise is plainly audible at a distance of 100 feet from the source of the noise or the property
line of the building, structure, vehicle, vessel, or premises in which or from which it is produced. The fact that the noise is plainly audible at a distance of
100 feet from the property line of the building, structure, vehicle, vessel or premises in which or from which it originates shall constitute prima facie
evidence of a violation of this section.
c. to load, unload, open, close or otherwise handle boxes, crates, containers,
building materials, trash cans, dumpsters or similar objects between the hours
Page 90 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
of 10:00 p.m. and 6:00 a.m. so as to unreasonably project sound across a real property line.
d. operating or permitting the operation of any mechanically powered tools or
equipment actually being used in ongoing building construction, building renovations, non-emergency building maintenance, or building demolition
work is prohibited between the hours of 8:00 p.m. and 7:00 a.m. (7:30 a.m.
between June 15th and September 15th in each year, except for in the Old Historic District (OHD) as shown on the map entitled “Core Historic Districts”,
dated April 9, 2019, as may be amended from time to time, where the prohibition is between the hours of 6:00 p.m. and 8:00 a.m. between and
including July 1 and Labor Day) Monday through Saturday and before 10:00 a.m. Sunday. The fact that the sound therefrom is plainly audible at a distance
of 50 feet from its source or the property line of the building, structure, vehicle,
vessel or premises in which or from which it originates shall constitute prima facie evidence of a violation of this section. Work referenced in this section
shall include any work for which a building, sidewall or roof, shingle, trench, tent, plumbing, gas, or wiring permit has been issued by the Town of
Nantucket and any work for which a Certificate of Appropriateness has been
issued by the Historic District Commission.
e. operating or permitting the operation of any mechanically powered tool (such as saws, drills, sanders, grinders, nail guns) or mechanically powered lawn or
garden tool, or similar device used outdoors shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. (7:30 a.m. between June 15th and
September 15th in each year , except for in the Old Historic District (OHD) as
shown on the map entitled “Core Historic Districts”, dated April 9, 2019, as may be amended from time to time, where the prohibition is between the
hours of 6:00 p.m. and 8:00 a.m. between and including July 1 and Labor Day) Monday through Saturday and before 10:00 a.m. Sunday. The fact that
the sound is plainly audible at a distance of 50 feet from its source of the
property line on which the tools are being used shall be prima facie evidence of a violation of this section.
f. repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or
motorboat in such a manner as to be plainly audible at a distance of 50 feet
from the source of the sound or the property line of the premises on which said activity is located is prohibited between the hours of 10:00 p.m. and 7:00
a.m. (7:30 a.m. between June 15th and September 15th in each year) Monday through Saturday and before 10:00 a.m. Sunday. The fact that the
sound is plainly audible at a distance of 50 feet from its source of the property line on which the work is being conducted shall be prima facie evidence of a
violation of this section.
B. Exemptions.
The following uses and activities shall be exempt from subsection A of this Chapter:
Page 91 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
a. Noises of safety signals, warning devices and emergency pressure-relief valves.
b. Noises resulting from any vehicle when responding to an emergency call or
acting in time of emergency.
c. Noises resulting from emergency and maintenance work as authorized by the
Town, by the state or by public utility companies.
d. Noises resulting from activities of a temporary duration permitted by a permit issued in accordance with this bylaw, but only to the extent such activities and
the resulting noises are within the scope of such license or permit.
e. Bells, chimes or carillons while being used for religious purposes or in
conjunction with religious services, and those bells, chimes or carillons
C. Permit for relief. a. Upon written application, the Select Board, or its designee, may issue a
permit authorizing an activity which is likely to result in noise that would
otherwise be prohibited by Section 101-1(A) of this Bylaw.
b. The application shall be in writing, and shall contain the following information:
1. The name, address, e-mail address and phone number of the proponent of the activity;
2. The specified dates and times of the proposed activity;
3. The particular location, specifying outdoors, indoors or indoors open to the outdoors, and where on the premises the specified noise is to originate;
4. Proof of ownership or the right to use the property in question; and
5. The type of noise: i.e., amplified music, amplified speaking or singing voice, live band, acoustic musical instrument, or construction work, other.
c. The Board or its designee will issue a decision on the application within seven days of receipt thereof, unless the applicant demonstrates a need for the
permit in a lesser period of time, provided, however, that a timely decision cannot be guaranteed if less than forty-eight hours’ notice is required.
d. The Board or its designee may grant the permit subject to reasonable time,
place and manner restrictions to protect public health, safety and welfare so
as to advance the purposes of this Bylaw to the greatest extent possible.
e. The Board or its designee may deny the application if the activity conflicts with another activity previously permitted, if the activity presents a threat to public
Page 92 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
health or safety or welfare, or if the activity is prohibited by the laws of the Commonwealth or the Town of Nantucket. If the application is denied, the
Board or its designee shall provide the applicant with a statement of reasons.
f. The Select Board may enact regulations to effectuate the purposes of this Bylaw.
g. The issuance of a permit pursuant to this Bylaw shall not relieve the applicant of the requirements of any other applicable laws concerning the activity at
issue.
§ 101-2. Air Conditioning and Air Handling Equipment, Pumps, Fans and Compressors Sound Level Limit, Measurement, Violations and Penalties.
A. Prohibited Noises. a. No person shall operate or cause to be operated any air conditioning or air-
handling equipment, swimming pool or spa pump, or an exhaust fan, in such a manner as to exceed 55 dBA over a 10-minute period of time, measured from
a distance of 40 feet or more from the source of the sound or the property line
of the premises on which said activity is located at any time of the day or night.
b. Upon written notice to the owner of the property as recorded with the
Nantucket Assessor of a violation of paragraph §101-2 (A), and the property owner fails to mitigate the violation within fourteen (14) days, then the
property owner shall be deemed to be in violation of paragraph §101-2 (A).
B. Sound Measurement.
a. The measurement of sound or noise shall be made with a sound-level meter meeting the standards prescribed by ANSI S1.4, as may be amended or
superseded from time-to-time. The instrument shall be maintained in
calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall
be taken so as to provide a proper representation of the noise source. During measurement, the microphone shall be positioned so as not to create any
unnatural enhancement or diminution of the measured noise. A windscreen
for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be
considered in taking measurements except where such background noise interferes with the primary noise being measured. Sound levels limits
pursuant to this rule shall be measured over a 10-minute period of time with a sound level meter. Sound levels which exceed the limits set forth in paragraph
A above when measured are a violation of this rule.
§101-3. Enforcement and Penalties.
Page 93 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
A. This Bylaw may be enforced by Board of Health officials, Nantucket Police Department Employees, PLUS Inspectors, Natural Resources Enforcement
Officers, and any other agents appointed by the Select Board.
B. Whoever violates any provision of this Bylaw may be penalized by a noncriminal disposition process as provided in Massachusetts General Laws, Chapter 40,
section 21D and the Town's non-criminal disposition by-law, Sections 1-2, 1-3, 1-
4, 1-5, and 1-6 of the Code of the Town of Nantucket.
C. If non-criminal disposition is elected, then any person who violates any provision of this Bylaw shall be subject to a penalty in the amount of three hundred dollars
($300.00) for each violation; provided, however, that a first offense may be the subject of a warning in the officer’s discretion.
D. Each such act which constitutes a violation of this Bylaw, which either continues or is repeated more than 30 minutes after the issuance of an order to cease said
activities, shall be considered a separate offense. If more than one, each condition violated shall constitute a separate offense.
E. A violation of this Chapter may be deemed a breach of the peace. Violators shall first be given a verbal order by the enforcing police officer to cease or abate the
noise immediately or within a specified period of time. If the person or persons so ordered do not comply with the verbal order, the enforcing police officer may
arrest such person or persons for a violation of this Chapter.
F. Whoever violates any provision of this Bylaw may be penalized by indictment or
on complaint brought in the district court. Except as may be otherwise provided by law and as the district court may see fit to impose, the maximum penalty for
each violation or offense shall be three hundred dollars ($300). Each day or portion thereof shall constitute a separate offense. If more than one, each
condition violated shall constitute a separate offense.
G. The Town may enforce this Bylaw or enjoin violations thereof through any lawful
process, and the election of one remedy shall not preclude enforcement through any other lawful means.
ARTICLE 71 (Bylaw Amendment: Noise)
To see if the Town will vote to: Under Section 101-2 Noises prohibited; exemptions: add a new subsection to read as follows: Air handler units, heat
exchangers, air conditioners, condenser units, dehumidifiers and compressors whose noise exceeds the limiting noise spectra set forth in Section 101-4 Table 1.
; or otherwise act thereon.
(Jacques Zimicki, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
Page 94 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE COMMENT: The Finance Committee believes that the goals of
this Citizen’s Article will largely be achieved by Article 70. We recommend Take No Action with the suggested modifications.
ARTICLE 72
(Bylaw Amendment: Council for Human Services)
To see if the Town will vote to amend Chapter 12 (Council for Human Services), section 12-2 (Membership; terms; vacancies) 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; non-substantive
changes to the numbering of this bylaw shall be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
Chapter 12 Council for Human Services
§12-2 Membership; terms; vacancies.
The Council shall consist of seven nine Nantucket residents who shall be appointed by
the Board of Selectmen for three-year terms; provided, however, that three of the initial appointments shall be for a term of one year, three for a term of two years and three for
a term of three years. The term of office shall be based on a year commencing on July 1 of each calendar year. Vacancies occurring in any position during a term shall be filled
for the balance of the unexpired term in the same manner as an original appointment. Each member of the Council serving at the time of the passage of this chapter shall
remain in office until the end of his or her term and until the Board of Selectmen
appoints a successor member. All members of the Council for Human Services shall be in full compliance with the provisions of Massachusetts General Law Chapter 268A.
(Select Board)
FINANCE COMMITTEE MOTION: Moved that Chapter 12 (Council for Human
Services), section 12-2 (Membership; terms; vacancies) 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; non-substantive changes to the numbering of this bylaw shall be permitted in order
that it be in compliance with the numbering format of the Code of the Town of
Nantucket):
Chapter 12 Council for Human Services
§12-2 Membership; terms; vacancies.
The Council shall consist of seven nine Nantucket residents who shall be appointed by
the Select Board for three-year terms; provided, however, that three of the initial appointments shall be for a term of one year, three for a term of two years and three for
a term of three years. The term of office shall be based on a year commencing on July 1 of each calendar year. Vacancies occurring in any position during a term shall be filled
Page 95 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
for the balance of the unexpired term in the same manner as an original appointment. Each member of the Council serving at the time of the passage of this chapter shall
remain in office until the end of his or her term and until the Select Board appoints a successor member. All members of the Council for Human Services shall be in full
compliance with the provisions of Massachusetts General Law Chapter 268A.
ARTICLE 73
(Bylaw Amendment: Animals) To see if the Town will vote to amend Chapter 55 (Animals), section 55-5
(Violations and penalties) 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; non-substantive changes to the numbering of this bylaw shall be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
Chapter 55
Animals §12-2 Violations and penalties.
A. Fine. Any violation of this chapter shall be subject to a fine of $50 for the first
offense; $250 for the second offense; $500 for the third and each subsequent offense. This chapter may be enforced by a police officer or Animal Control
Officer utilizing the noncriminal disposition contained in Chapter 1 of this Code.
(Select Board) FINANCE COMMITTEE MOTION: Moved that Chapter 55 (Animals), section 55-5
(Violations and penalties) 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; non-substantive
changes to the numbering of this bylaw shall be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
Chapter 55 Animals
§12-2 Violations and penalties. A. Fine. Any violation of this chapter shall be subject to a fine of $50 for the first
offense; $250 for the second offense; $500 for the third and each subsequent
offense. This chapter may be enforced by a police officer or Animal Control Officer utilizing the noncriminal disposition contained in Chapter 1 of this Code.
ARTICLE 74 (Bylaw Amendment: Car Rental Agencies, Registration of)
To see if the Town will vote to amend Chapter 58 (Car Rental Agencies, Registration of) of the Code of the Town of Nantucket, by adding a new Paragraphs B-1 and B-2 to §58-3 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-sustentative 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):
Page 96 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
§ 58-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BATTERY ELECTRIC VEHICLE
A motor vehicle propelled by a motor powered by electrical energy from rechargeable
batteries or other source onboard the vehicle.
MOTOR VEHICLE The same meaning as defined in the General Laws.
RENTAL AGENCY
A person, business or corporation engaged in the Town of Nantucket in the business of
renting, leasing or keeping for rent any motor vehicle.
RENTAL or LEASE To grant or make available the use, possession or enjoyment of a motor vehicle for an
agreed period of time in exchange for an agreed payment, whether or not such
transaction is a separate agreement in itself or is part of a broader agreement between the parties thereto.
§ 58-2. License required to rent or lease vehicles; sticker required on rental vehicles.
No person, business or corporation shall engage in the business of renting, leasing or
keeping for rent or lease any motor vehicle without first being licensed annually by the
Select Board to do so. It shall be unlawful for any motor vehicle to be rented, leased or made available for rental or lease in the Town of Nantucket without such motor vehicle
displaying a rental sticker affixed to the rear bumper pursuant to this chapter.
§ 58-3. Annual fee; issuance of licenses and stickers.
A. Each application for a rental agency license shall be accompanied by a
nonrefundable application fee as established by the Select Board. The application shall include a listing of the registration number of each motor vehicle
available or to be available for lease for the year in which the license is to be valid. Licenses for rental agencies shall be issued on a calendar-year basis and
shall be issued after payment of an annual fee of $100 per rental motor vehicle;
provided, however, that no payment of such fee shall be required for a motor vehicle upon which an excise has been assessed, levied and paid to the Town of
Nantucket under the provisions of Chapter 60A of the General Laws. The Select Board shall issue a license to each approved applicant, which shall be posted in
a conspicuous manner at the place of business.
B. The total number of motor vehicles available for lease on the island of Nantucket
shall not exceed 700. The Select Board shall issue each rental agency one rental vehicle medallion (RVM) for each motor vehicle listed in its 1996 application and
Page 97 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
which received a rental sticker. Each RVM constitutes the nonexpiring right to lease one motor vehicle. A rental agency shall possess one RVM for each motor
vehicle listed in its application beginning in 1998.
B-1. The Select Board is authorized to enact regulations to effectuate the purposes of this Bylaw, which may include but not be limited to establishing the maximum
number of vehicles that may be available for rent on the island, procedures for
allocating rental vehicle medallions (RVMs) to rental agencies, and the establishment of fees, provided, however, that any fees established shall comply
with the requirements of Chapter 266 of the Acts of 1989, as may be amended from time-to-time. Prior to enacting regulations, the Select Board shall conduct a
public hearing. Notice of the time and place of such public hearing, of the subject matter, sufficient for identification, and of the place where texts of the proposed
regulation may be inspected shall be published 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 before the day of said hearing, by posting such
notice in a conspicuous place in the town hall and on the Town’s website for a period of not less than fourteen days before the day of said hearing.
B-2. Upon the effective date of any regulations enacted by the Select Board, Subsection 58.3-B of this Bylaw shall be replaced with Subsection 58.3-B-1, and
Subsection 58-3.D shall expire and be stricken from the Bylaws of the Town; provided that any licenses and/or RVMs in effect at the time the regulations
become effective shall remain in effect until the end of that calendar year. Notwithstanding anything in this Bylaw to the contrary, said Paragraphs B and D
shall remain in full force and effect unless and until the Select Board enacts
regulations in accordance with this Bylaw.
C. Upon issuance of the license, the Select Board shall provide one annual rental sticker for each motor vehicle listed in the approved application, which shall be
affixed by the licensee to the left rear bumper of each motor vehicle so listed.
Each sticker shall recite the registration number of the vehicle to which it is affixed.
D. RVM's are transferable, with or without consideration, to any other rental agency
or entity. Such transfers may be made whenever, and to the extent that, the
number of RVM's held by the transferor exceeds the number of unexpired annual stickers issued to the transferor. A transfer shall be effective upon written notice
of the transfer, by the transferor, to the Select Board. Should a rental agency surrender its RVM rights to the Select Board, or should the Select Board possess
surplus RVM's from any other cause, these RVM's may be retained by the Town and/or may be re-issued at a fee to be established from time to time by the Select
Board. Any RVM's not obtained by any rental agency by the end of any calendar
year shall be considered surplus as of January first and may be retired by the Town at that time.
Page 98 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
§ 58-3.1. Licensee to pay fees. No license pursuant to this chapter shall be issued unless or until the applicant shall
have paid to the Town all lease or rental transaction surcharges established by MGL c. 90, § 20E(i).
§ 58-4. Nontransferability.
The license shall not be transferable between businesses, persons or corporations, nor
between location of business premises; individual motor vehicle stickers shall not be transferable between different motor vehicles.
§ 58-5. Violations and penalties.
Violations of this chapter shall be punishable by a fine of $300, each day being considered a separate offense.
§ 58-6. Vehicles with controls for disabled. Any rental motor vehicle equipped with controls for the disabled and used by a disabled
person shall not be required to have a rental vehicle sticker, without regard to the requirements and limitations of § 58-3B, C and D of this Code.
§ 58-7. Electric vehicles. The Select Board may develop an exemption for up to 10 battery electric vehicles from
the rental vehicle sticker, without regard to the requirements and limitations of § 58-3B, C and D of this Code.
(Select Board for Airport Commission)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The Finance Committee recommends Not to
Adopt due to the potential negative impact it could have on local businesses. While the Airport and the Town are certainly empowered to propose changes to lease and
operating agreements with tenants, it appears that this business issue would benefit
from further negotiation among the affected parties.
ARTICLE 75 (Bylaw Amendment: Single-Use Plastics)
Carried Over from 2020 Annual Town Meeting
To see if the Town will vote to:
1) make certain amendments to the bylaw “The Regulation of Commercial Sale, Distribution and Use of Single Use Plastics” as approved in Special Town Meeting 2018,
Article 16 (Called”STM2018-16”);
2) request that the Board of Public Works vote to rescind Board of Public Works
Regulation 71.00 (“Regulation 71.00”) as adopted by the Board of Public Works pursuant to the authority granted under section 125-3 of the Code of the Town of
Nantucket and the general authority of the Board of Public Works pursuant to Chapter
Page 99 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
169 of the Acts of 1965, as amended by Chapter 259 of the Acts of 1987, in order to incorporate the purpose and intent of that Regulation into the bylaw STM2018-16;
3) to remove from the Code of the Town of Nantucket § 125-3 Biodegradable Packaging
[Amended 12-12-1989 STM by Art. 2, approved 3-14-1990]; and
4) once Regulation 71.00 is rescinded, and § 125-3 Biodegradable Packaging is
removed from the Code of The Town of Nantucket, replace both with the revised bylaw “The Regulation of Commercial Sale, Distribution and Use of Certain Single Use
Plastics” the text of which follows (with underlined text below showing additions to the version of the bylaw that was approved at STM 2018 as printed in the Warrant, double
strike throughs ( ) to show deletions and underlined italic blue font to indicate language transferred from Regulation 71.00 and Code of the Town of Nantucket § 125-3
Biodegradable Packaging. None of these markings shall appear in the final version of
the bylaw.);
the purpose of which is to make certain correction, clarifications; additions of definitions and items to be banned effective June 1, 2021 or take any other action relative thereto.
To Be Rescinded if Board of Public Works so votes:
Board of Public Works vote to rescind Board of Public Works Regulation 71.00 as adopted by the Board of Works pursuant to the authority granted under section 125-3 of
the Code of the Town of Nantucket and the general authority of the Board of Public Works pursuant to Chapter 169 of the Acts of 1965, as amended by Chapter 259 of the
Acts of 1987
To Be Removed:
§ 125-3 Biodegradable packaging. [Amended 12-12-1989 STM by Art. 2, approved 3-
14-1990] All packaging added to or supplied by vendors or commercial establishments
within the Town of Nantucket for merchandise of any type being removed from the establishment shall comply with such rules and regulations requiring the use of
biodegradable packaging to the maximum extent reasonably practicable as might be established by the Board of Public Works after a public hearing; provided, however, that
this section shall take effect April 15, 1990. "Biodegradable packaging" means any
packaging other than plastic or Styrofoam.
To Be Replaced with The Following:
Section I. Definitions and Purpose
Definitions:
Single-use plastics - are petroleum-based plastic products that are intended to be used
only once before they are thrown away. They are “disposable” products. The items covered by this Bylaw are listed herein.
Page 100 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Commercial use - using the petroleum-based plastic products listed herein by a
business, directly/indirectly for financial gain or convenience. Petroleum -based plastic - plastics manufactured using petroleum derived polymers.
Plant-based plastics are exempted from this Bylaw.
Compostable - This category of plastic is comprised of two basic types. 1) a material
that breaks down without mechanical assistance, which is defined herein as “compostable”; and 2) materials requiring mechanical assistance such as the application
of high temperatures not achievable in backyard compost piles for a period of several days, which is defined herein in as “commercially compostable”.
Compostable plastic is defined by the standards association ASTM International (ASTM) as “a plastic that undergoes degradation by biological processes during
composting to yield carbon dioxide (CO2), water, inorganic compounds, and biomass at a rate consistent with other known compostable materials and that leaves no visible,
distinguishable, or toxic residue.” All petroleum-based plastics that are compostable break eventually breakdown into smaller pieces of petroleum-based plastics, some of
which are not visible to the unaided human eye. These particles are known as micro-
plastic particles and have been found in most bottled waters and in the human and other animals’ bodies due to ingestion of affected food sources.
They are made from materials that can naturally breakdown into usable compost
material in back yard compost piles. These materials will enrich the soil and returns nutrients to the earth. According to the US Federal Trade Commission Green Guide
updated October 2012, “Some materials break down into usable compost material that
enriches the soil and returns nutrients to the earth."
Compostable plastics are typically made from some type of renewable raw material. Corn starch is one of the most common materials, as is hemp, but there are other similar
options. Regardless of what compostable plastic is made from, it’s transformed into a
polymer that looks and feels like traditional plastic. Compostable plastics can be difficult to recycle. Most of them require commercial/industrial composting facilities.
Compostable plastic material cannot breakdown through natural processes and must be sent off island to a commercial composting facility where it is processed at high heat for
several days. Nantucket currently does not have the commercial composting
capabilities.
Commercially Compostable - The American Society for Testing and Materials (now known as ASTM International) has published specific guidelines that must be met for a
material to be labeled as commercially compostable. In broad terms, those guidelines are:
• “It must able to be broken down by biological treatment at a commercial or
industrial composting facility”;
• “Decomposition of the plastic must occur at a rate similar to the other
elements of the material being composted (within 6 months)”; and
Page 101 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
• It will “Leave no toxic residue that would adversely impact the ability of the finished compost to support plant growth”
It is compostable material that cannot breakdown through natural processes and must
be sent off island to a commercial composting facility where it is processed at high heat for several days.
Biodegradable - According to the US Federal Trade Commission Green Guide updated October 2012, “Something that’s biodegradable, like food or leaves, breaks down and
decomposes into elements found in nature when exposed to light, air, moister, certain bacteria, or other organisms.”
According to the Federal Trade Commission (FTC), a biodegradable product is one that in its entirety will “completely break down and return to nature, i.e., decompose into
elements found in nature within a reasonably short period of time (one year) after customary disposal”.
The American Society for Testing and Materials (now known as ASTM International)
defines biodegradable plastic as “a plastic in which all the organic carbon can be
converted into biomass, water, carbon dioxide, and/or methane via the action of naturally occurring microorganisms such as bacteria and fungi, in timeframes consistent
with the ambient conditions of the disposal method.”
Currently there is no data to support that many of the things claiming to be
biodegradable will be broken down in landfills.
Drinking Water – is potable, unflavored, non-carbonated water that is safe to drink or to use for food preparation.
Flavored Water - a category of beverage marketed as water which contains an array of
additional ingredients, including, but not limited to, natural and artificial flavors, sugars,
sweeteners, vitamins, minerals and other “enhancements”. (source: Medical Dictionary)
Carbonated Water - water that contain dissolved carbon dioxide gas, either artificially injected under pressure or occurring due to natural geological processes. Carbonation
causes small bubbles to form, giving the water an effervescent quality. Also known as “sparkling water”, “tonics”, “soda water”, “club soda”, “tonic water”, “seltzer”’ “pop” and the like. (source: Wikipedia and The Free Dictionary)
Boxed Water - Any type of drinking water, flavored water, carbonated water packaged in
an aseptic carton, like the type often used for holding coconut water, soymilk, soups and the like. These cartons are typically promoted as being more than 75% made from
recycled paper or other fibers, but the rest of it is often a set of plastic parts such as a
cap and pouring ring and internal layers made from petroleum-based plastics such as polyethylene and aluminum.
Page 102 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Energy Drink - a type of drink containing sugar and/or other stimulant compounds when packaged in a petroleum based plastic container or packaged in a paper or similar fiber
package like the containers used for Boxed Water.
Purpose: The purpose of the Bylaw 2018-16 and the amendments to Bylaw 2018-16 proposed
herein is to protect the health and safety of Nantucket’s present and future generations,
protect the Town’s single source aquifer, its scenic visage, historic status, reduce litter, reduce the threat to the environment caused by rapid filling of the landfill space and by
possible introduction of toxic by-products into the groundwater and general environment, protect marine animals and food sources and save the citizens of the
Town money. There are safe alternatives for each of the single-use petroleum-based plastic items banned. This bylaw applies to commercial sale, distribution and use of
these plastic products. However, individuals need to do their part to strive to conserve,
protect and preserve our environment.
The Town of Nantucket recognizes that discarded packaging constitutes the largest single category of waste within the Town and County of Nantucket’s waste stream and
is, therefore, a necessary focus of any effort towards reducing the filling of the Towns
landfill as well as towards reducing the economic and environmental costs of waste management.
The Town finds that discarded non-biodegradable packaging and plastic contained
within the waste stream of Nantucket is a fundamental cause of problems associated with solid waste disposal.
The Town understands that the landfill space within the Town and County of Nantucket is diminishing rapidly; that the availability of solid waste receiving areas outside the
Island of Nantucket is becoming increasingly uncertain and expensive; and, that for both economic and environmental reasons, measures to simplify the chemical complexity of
solid waste and, thereby, to streamline solid waste management must be vigorously
pursued.
The Town finds that the chemical composition and the ability of a substance to biodegrade are meaningful and useful criteria to focus upon when establishing public
policy that is intended to improve the management and disposal of solid waste, reduce
the cumulative impact of litter, encourage composting and other forms of recycling, and otherwise anticipate environmental problems that may be caused by municipal solid
waste disposal programs.
The Town finds and determines that the use of plastics and other non-biodegradable packaging has become widespread throughout the island and the resulting mixed
substance waste stream is a serious impediment to solid management programs for the
Town and County of Nantucket.
The Town further finds that the widespread use of plastics and non-biodegradable packaging poses a threat to the environment on the Island of Nantucket by causing
Page 103 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
rapid filling of the landfill space and by the possible introduction of toxic by-product into the groundwater and general environment of the island of Nantucket.
The economic and environmental problems associated with the mixed substance waste
stream are so severe that a program of incrementally simplify the chemical composition of solid waste, thereby encouraging the composting of putrescible wastes and
encouraging other forms of recycling of solid waste substances, is a policy goal of the
Town of Nantucket.
BY-LAW: Section II. Commercial Ssale, distribution and commercial use of petroleum-based
single use plastic products.
It shall be unlawful to commercially sell, distribute or otherwise commercially use the
following single-use petroleum-based plastic products in the Town and County of Nantucket on or after June 1, 2020:
Straws and drink stirrers;
Six-pack Can and bottle flexible yokes (no limit on capacity size);
Single use drinking cups and lids; Plates and non-compostable eating utensils;
Drinking water in single-serve polyethylene terephthalate (PET) containers of 1 liter (34 ounces) or less; and
Single use, non-biodegradable recyclable coffee or other beverage pods
It shall be unlawful to commercially sell, distribute or use the following single-use
petroleum-based plastic and other listed products in the Town and County of Nantucket on or after June 1, 2022:
Flushable wipes containing plastic fibers, cloth fibers and/or anti-bacterial chemicals;
Cellulose acetate and or any other type of plastic fiber cigarette filters;
Plastic mesh tea bags; Any type of non-deposit, plastic beverage container of 63 ounces or less, including, but
not limited to water, flavored water, sparkling water, soda, energy drinks; Boxed water containers with components of petroleum based plastic materials such as
pouring spouts, caps and as a liner;
Plastic and glass nip bottles with capacities of up to 200ml; Plastic stick ear buds;
Small, individual plastic bottles of body wash, shampoo, conditioner, body lotion with capacities of up to 200ml;
Plastic shopping bags, take-out bags, take-out containers, clam-shell containers and similar containers;
Any and all non-recyclable petroleum based plastic products with resin identification
codes #3 through #7
Page 104 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Any and all packaging added to or supplied by a vendor within the Town of Nantucket for the purpose of transporting merchandise of any type shall be biodegradable and
compostable.
Reusable compostable Ccontainers and recyclable paper or cardboard containers are allowable alternatives and, where not a health hazard as determined by the Board of
Health or public law, vendors shall encourage the use of such containers by allowing
customers to bring their own containers or by providing such reusable containers at no charge or for a reasonable fee.
Each vendor within the Town of Nantucket shall display a notice proximate to the point
of sale device cash register and plainly visible to its patron stating the following:
“All packaging added or supplied by this vendor or commercial establishment for
merchandise of any type being removed from this establishment must be biodegradable, compostable packaging. No non-biodegradable packaging may
be added to or supplied by this vendor or commercial establishment for merchandise of any type being removed from the establishment.”
Section III. Exemption for Emergencies and other Drinking water (plain, unflavored) - Sales occurring after a declaration of an emergency
adversely affecting availability and/or quality of drinking water to Nantucket residents by the emergency Management Director or other duly authorized Town, Commonwealth or
United States official shall be exempt from this Bylaw until seven (7) calendar days after such declaration has ended.
Medical packaging and medically required usage are exempted providing no recyclable
alternatives are available.
Plant-based, biodegradable or compostable plastics are exempted from this Bylaw.
Section IV. Enforcement Process
Enforcement of this Bylaw shall be the discretionary responsibility of the Town Manager or her/his designee. Police officers and Health Agents have the authority to enforce this
Bylaw. The Town Manager shall determine the inspection process to be followed, incorporating the process into other Town duties as appropriate. Any establishment
conducting sales, distribution or otherwise engaging in the commercial use of the
prohibited plastic products in violation of this Bylaw shall be subject to a noncriminal disposition fine as specified in Article II of Chapter 1 of the Code of the Town of
Nantucket under M.G.L. Chapter 40, § 21D. Any such fines shall be paid to the Town of Nantucket. Enforcement shall be through the process of noncriminal disposition under
MGL c. 40, § 21D and Article II of Chapter 1 of the Code of the Town of Nantucket.
V. Suspension of the Bylaw
If the Town Manager determines that the cost of implementing and enforcing this Bylaw has become unreasonable, then the Town Manager shall so advise the Select Board,
and the Select Board shall conduct a public hearing to inform the citizens of such costs.
Page 105 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
After the public hearing, the Select Board may continue this Bylaw in force or may suspend it permanently or for such length of time as they may determine.
VI. Severability
The provisions of this bylaw and article are severable. If any part of this section should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the
remainder of the bylaw or article, and the remainder of the bylaw or article shall stay in
full force and effect.
(Bruce Mandel, et al) NOTE: Due to formatting restrictions, the references to “underlined italic blue” are
shown in underlined italic black text. FINANCE COMMITTEE MOTION: Move to amend Chapter 125A (Regulation of Sale,
Distribution and Commercial Use of Certain Single-Use Plastics) of the Code of the
Town of Nantucket, by taking the following actions (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-sustentative 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):
Chapter 125A. Single-Use Plastics
Article I. Regulation of Sale, Distribution and Commercial Use of Certain Single-Use
Plastics
§125A-1. Definitions and Purpose
A. Definitions
BOXED WATER
Any type of drinking water, flavored water, carbonated water, energy drink
packaged in an aseptic carton, like the type often used for holding coconut water, soy milk, soups, and the like. These cartons are typically promoted as being
more than 75% made from recycled paper or other fibers, but the rest of it is often a set of plastic parts such as a cap and pouring ring and internal layers or linings
made from petroleum-based plastics such as polyethylene and aluminum.
CARBONATED WATER
Water that contains dissolved carbon dioxide gas, either artificially injected under pressure or occurring due to natural geological processes. Carbonation causes
small bubbles to form, giving the water an effervescent quality. Also known as “sparkling water”, “tonics”, “soda water”, “club soda”, “tonic water”, “seltzer”’ “pop”
and the like.
COMMERCIAL USE
Use by a business, directly/indirectly for financial gain or convenience.
Page 106 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
DRINKING WATER Potable, unflavored, non-carbonated water that is safe to drink or to use for food
preparation.
ENERGY DRINK A type of drink containing sugar and/or other stimulant compounds when
packaged in a petroleum based plastic container or packaged in a plastic lined
paper or similar fiber package.
FLAVORED WATER A category of beverage marketed as water which contains an array of additional
ingredients, including, but not limited to, natural and artificial flavors, sugars, sweeteners, vitamins, minerals, and other “enhancements”.
PETROLEUM-BASED PLASTIC Plastic materials manufactured using petroleum-derived polymers. Compostable
plastics as defined by ASTM International are exempted from this bylaw. SINGLE-USE PLASTICS
Petroleum-based plastic products that are intended to be used only once before they are thrown away. They are "disposable" products. The items covered by this
bylaw are listed herein.
B. Purpose: The purpose of the bylaw is to protect the health and safety of Nantucket's present and future generations, protect the Town's single-source aquifer, its scenic
visage, historic status, reduce litter, reduce the threat to the environment caused by
rapid filling of the landfill space and by possible introduction of toxic by-products into the groundwater and general environment, protect marine animals and food sources and
save the citizens of the Town money. There are safe alternatives for each of the single-use petroleum-based plastic items banned.
§ 125A-2 Sale, distribution and commercial use of petroleum-based single-use plastic products.
It shall be unlawful to sell, distribute or commercially use the following single-use petroleum-based plastic products in the Town and County of Nantucket on or after June
1, 2020:
A. Straws and drink stirrers;
B. Flexible can and bottle yokes;
C. Drinking cups and lids;
D. Plates, bowls and eating utensils;
Page 107 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
E. Drinking water in plastic or non-recyclable containers of one liter (34 ounces) or less; and
F. Single use, non-recyclable beverage pods.
It shall be unlawful to sell, distribute or commercially use the following single-use
petroleum-based plastic products in the Town and County of Nantucket on or after June
1, 2022:
G. Flushable wipes containing plastic fibers, cloth fibers and/or anti-bacterial chemicals;
H. Plastic stick ear swabs;
§ 125A-3 Exemption for emergencies and other.
A. Drinking water. Sales occurring after a declaration of an emergency adversely
affecting availability and/or quality of drinking water to Nantucket residents by the Emergency Management Director or other duly authorized Town, Commonwealth or
United States official shall be exempt from this bylaw until seven calendar days after
such declaration has ended.
B. Medical packaging and medically required usage are exempted providing no recyclable alternatives are available.
C. Compostable plastics are exempted from this bylaw.
§ 125A-4 Enforcement process.
Enforcement of this bylaw shall be the discretionary responsibility of the Town Manager
or her/his designee. Police officers and health agents have the authority to enforce this bylaw. The Town Manager shall determine the inspection process to be followed,
incorporating the process into other Town duties as appropriate. Any establishment conducting sales, distribution or otherwise engaging in the commercial use of the
prohibited plastic products in violation of this bylaw shall be subject to a noncriminal
disposition fine as specified in Article II of Chapter 1 of the Code of the Town of Nantucket under MGL c. 40, § 21D. Any such fines shall be paid to the Town of
Nantucket. Enforcement shall be through the process of noncriminal disposition under MGL c. 40, § 21D, and Article of Chapter 1 of the Code of the Town of Nantucket.
§125A-5 Suspension of bylaw.
If the Town Manager determines that the cost of implementing and enforcing this bylaw
has become unreasonable, then the Town Manager shall so advise the Select Board, and the Select Board shall conduct a public hearing to inform the citizens of such costs.
After the public hearing, the Select Board may continue this bylaw in force or may suspend it permanently or for such length of time as they may determine.
Page 108 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
§125A-6. Severability. The provisions of this bylaw article are severable. If any part of this bylaw article should
be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the bylaw article, and the remainder of the bylaw article shall stay in full
force and effect.
ARTICLE 76
(Bylaw Amendment: Bicycles) Carried Over from 2020 Annual Town Meeting
To see if the Town will vote to amend the Town of Nantucket Code, Chapter 57 (Bicycles and Mopeds) by adding the following new Article IV, or take action relative
thereto: Article IV. Bicycle Right of Way
§57-13. Authority and Purpose
This article Is enacted in accordance withy G.L. c. 40, §22 to promote public safety by establishing certain rules and regulations concerning the use of the Town’s roadways by
bicycles and motor vehicles.
§57-14. Right of Way for Users of Multi-Use/Shared Use Paths
A. At any location at which a multi-use/shared path intersects with or is crossed by a
public or private way or driveway with the exception of major intersections to be determined by the TON, bicyclists, pedestrians and other users of the paths shall
have the right of way and any person operating a motor vehicle shall stop and
yield to such bicyclist, pedestrian or other user.
B. At any location at which a multi-use/shared path intersects with or is crossed by a public or private way with the exception of major intersections to be determined
by the TON, the Town shall install informative path-crossing signs and separate
stop signs facing the motor vehicle approach to the intersection so that drivers of motor vehicles are warned to use all caution necessary and to yield the right of
way to any bicyclist, pedestrians or other users of the path.
For the purposes of paragraphs A and B in §57-14, a major intersection shall be
considered to be the intersection between a main road, e.g. the Milestone Road, or secondary road that bears as much vehicular traffic as a main road, and a
multi-use path.
§57-15. Severability.
The provisions of this bylaw are severable. If any provision, paragraph, sentence, or
clause of this bylaw or the application thereof shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.
(Ian Golding, et al)
Page 109 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved that Chapter 57 (Bicycles and Mopeds) of the Code of the Town of Nantucket is hereby amended by adding the following new
Article (NOTE: non-substantive changes to the numbering of this bylaw shall be permitted in order that it be in compliance with the numbering format of the Code of the
Town of Nantucket):
Article IV
Bicycle Right of Way
§57-13. Authority and Purpose. This article is enacted in accordance with G.L. c. 40, §22 to promote public safety by
establishing certain rules and regulations concerning the use of the Town’s roadways by bicycles and motor vehicles.
§57-14. Right of Way for Users of Multi-Use/Shared Use Paths. A. At any location at which a multi-use/shared path intersects with or is crossed by a
public or private way or driveway with the exception of major intersections to be determined by the Town of Nantucket, bicyclists, pedestrians and other users of the
paths shall have the right of way and any person operating a motor vehicle shall stop
and yield to such bicyclist, pedestrian or other user.
B. At any location at which a multi-use/shared path intersects with or is crossed by a public or private way with the exception of major intersections to be determined by
the Town of Nantucket, the Town shall install informative path-crossing signs and separate stop signs facing the motor vehicle approach to the intersection so that
drivers of motor vehicles are warned to use all caution necessary and to yield the
right of way to any bicyclist, pedestrians or other users of the path.
For the purposes of paragraphs A and B in §57-14, a major intersection shall be considered to be the intersection between a main road, e.g. the Milestone Road, or
secondary road that bears as much vehicular traffic as a main road, and a multi-use
path.
§57-15. Severability. The provisions of this bylaw are severable. If any provision, paragraph, sentence, or
clause of this bylaw or the application thereof shall be held invalid, such invalidity shall
not affect the other provisions or application of this bylaw.
ARTICLE 77 (Bylaw Amendment: Bicycles)
Carried Over from 2020 Annual Town Meeting To see if the Town will vote to amend the Town of Nantucket Code, Chapter 57
(Bicycles and Mopeds) by adding the following new Article IV, or take action relative
thereto:
Article IV. Bicycle Passing Buffer Zone
Page 110 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
§57-16. Authority and Purpose This article Is enacted in accordance withy G.L. c. 40, §22 to promote public safety by
establishing certain rules and regulations concerning the use of the Town’s roadways by bicycles and motor vehicles.
§57-17. Bicycle Passing Buffer Zone
No person operating a motor vehicle on a public way within the Town of Nantucket shall overtake or pass a bicyclist proceeding in the same direction of travel unless a three-
foot separation can be given between the right side of the driver’s vehicle, including all mirrors and other projections, and the left side of the bicyclist at all times.
§57-18. Severability.
The provisions of this bylaw are severable. If any provision, paragraph, sentence, or clause of this bylaw or the application thereof shall be held invalid, such invalidity shall
not affect the other provisions or application of this bylaw.
(Ian Golding, et al)
FINANCE COMMITTEE MOTION: Moved that Chapter 57 (Bicycles and Mopeds) of the Code of the Town of Nantucket is hereby amended by adding the following new
Article: (NOTE: non-substantive changes to the numbering of this bylaw shall be permitted in order that it be in compliance with the numbering format of the Code of the
Town of Nantucket):
Article V
Bicycle Passing Buffer Zone
§57-16. Authority and Purpose. This article Is enacted in accordance with G.L. c. 40, §22 to promote public safety by
establishing certain rules and regulations concerning the use of the Town’s roadways by
bicycles and motor vehicles.
§57-17. Bicycle Passing Buffer Zone. No person operating a motor vehicle on a public way within the Town of Nantucket shall
overtake or pass a bicyclist proceeding in the same direction of travel unless a three-
foot separation can be given between the right side of the driver’s vehicle, including all mirrors and other projections, and the left side of the bicyclist at all times.
§57-18. Severability.
The provisions of this bylaw are severable. If any provision, paragraph, sentence, or clause of this bylaw or the application thereof shall be held invalid, such invalidity shall
not affect the other provisions or application of this bylaw.
Page 111 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 78 (Bylaw Amendment: Bicycles)
Carried Over from 2020 Annual Town Meeting To see if the Town will vote to amend the Town of Nantucket Code, Chapter 57
(Bicycles and Mopeds) by adding the following new Article IV, or take action relative thereto:
Article IV. Bicycle Accident Database
§57-19. Authority and Purpose This article Is enacted in accordance withy G.L. c. 40, §22 to promote public safety by
establishing certain rules and regulations concerning the use of the Town’s roadways by bicycles and motor vehicles.
§57-20. Bicycle Accident Database
To see if the Town will vote to use up to $50,000 (fifty thousand) from collected Motor Vehicle Excise Taxes to develop and maintain a database of all motor vehicle accidents
involving bicycles. Said database shall be a public record and shall be made available
to the public via a link on the Town’s website. The database shall include the date, time and location of the accident, the number of vehicles and bicycles involved and whether
the bicyclist suffered any injury. Any doctor, nurse, or first responder or other medical provider providing treatment to an individual injured as a bicyclist in an accident with a
motor vehicle shall be requested to make a report to the Chief of Police for inclusion in the Bicycle Accident Database. For purposes of this section, neither the Database, nor
any report issued by a medical provider, shall include the name or any identifying
information concerning an injured individual.
§57-21. Severability.
The provisions of this bylaw are severable. If any provision, paragraph, sentence, or
clause of this bylaw or the application thereof shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.
(Ian Golding, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
ARTICLE 79
(Bylaw Amendment: Outdoor Lighting) Carried Over from 2020 Annual Town Meeting
[HISTORY: Adopted by the Annual Town Meeting of the Town of Nantucket 4-14-2005, Art. 52, approved 10-18-2005. Amendments noted where applicable.]
To see if the Town will vote to amend Chapter 102. Outdoor Lighting. of the Code of the Town of Nantucket by adding the following amendments:
Page 112 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
A. Authorize a special monthly inspection night shift, with a pay differential for night time work.
B. Follow up to date State of the Art Standards to integrate new technology available to ensure the continuing attraction and potential expansion of Nantucket
as a tourist destination for star gazing, if necessary using private-public funding.
Or to take any other action related thereto.
(Linda Williams, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
ARTICLE 80
(Bylaw Amendment: Noise – Gas-powered Leaf Blowers) Carried Over from 2020 Annual Town Meeting
To see if the Town will vote to amend the Town of Nantucket Noise Bylaw in the
following manner: Amend Section 101-2 of the Town’s Code of Bylaws to prohibit, on a Town-wide basis commencing on December 1, 2020, the use of gas-powered leaf
blowers at all times of the day on all days of the year, by any commercial landscaper, commercial landscape company, or other entity engaged in the business of providing
home and yard repair, clean-up, and maintenance services for a fee; or take any other
action on the matter.
Explanation: Complaints regarding gas-powered leaf blowers by property owners and gardening contractors have been increasing as the use of these tools has also
increased. The environmental impact of such gas-powered equipment has also become a growing concern. Finally, it appears that some local commercial landscaping
companies have already adopted battery-powered leaf blowers as an effective
alternative with much reduced noise levels.
(Julia Lindner, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The Finance Committee is concerned about the undocumented and unverified assertions by the Article sponsor.
ARTICLE 81
(Bylaw Amendment: Community Preservation Committee)
To see if the Town will vote to amend Section 11-12 of the Town Code regarding the Committee Preservation Committee as follows, with bold text representing additions
to the bylaw and strike through text representing deletions; provided that if, at any annual town election occurring after the effective date of this amendment, the terms of
both of the elected members are expiring at the same time, the person receiving the highest number of votes shall serve for a three year term and the person receiving the
next highest number of votes shall serve for an initial two year term:
§ 11-21. Establishment; membership; appointment; term.
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The Community Preservation Committee is established in accordance with MGL c. 44B, §§ 3 through 7. The Committee shall consist of nine members. The members shall
include an appointed designee from each of the following boards, commissions or authorities: the Conservation Commission; the Historic District Commission; the Land
Bank; the Planning Board; the Park and Recreation Commission; the Nantucket Housing Authority; the Board of Selectmen. The respective board, commission or
authority shall appoint each designee and, whenever necessary, fill unexpired terms.
These members shall serve their initial appointments respective of the sequence they are listed above, as follows: three members for three-year terms; two members for two-
year terms; and two members for one-year terms; thereafter all appointments shall be for three-year terms. There shall also be two members-at-large elected for three year
terms by the voters of Nantucket. from the community. The Board of Selectmen shall appoint these members for one-year terms; thereafter these members shall be
determined each third year through normal Town election and balloting procedures.
Whenever necessary, these members-at-large shall be appointed by the Board of Selectmen to fill an unexpired term.
Or to act in relation thereto.
(Ken Beaugrand, et al) FINANCE COMMITTEE MOTION: Moved that Chapter 11 (Committees), Article VI
(Community Preservation Committee), Section 11-21 (Establishment; membership; appointment; term) of the Town Code is hereby amended as follows (provided that if, at
any annual town election occurring after the effective date of this amendment, the terms of both of the elected members are expiring at the same time, the person
receiving the highest number of votes shall serve for a three year term and the person receiving the next highest number of votes shall serve for an initial two year term
(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-sustentative changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
§ 11-21. Establishment; membership; appointment; term.
The Community Preservation Committee is established in accordance with MGL c. 44B, §§ 3 through 7. The Committee shall consist of nine members. The members shall
include an appointed designee from each of the following boards, commissions or
authorities: the Conservation Commission; the Historic District Commission; the Land Bank; the Planning Board; the Park and Recreation Commission; the Nantucket
Housing Authority; the Select Board The respective board, commission or authority shall appoint each designee and, whenever necessary, fill unexpired terms. These members
shall serve their initial appointments respective of the sequence they are listed above,
as follows: three members for three-year terms; two members for two-year terms; and two members for one-year terms; thereafter all appointments shall be for three-year
terms. There shall also be two members-at-large elected for three-year terms by the voters of Nantucket. from the community. The Board of Selectmen shall appoint these
members for one-year terms; thereafter these members shall be determined each third
Page 114 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
year through normal Town election and balloting procedures. Whenever necessary, these members-at-large shall be appointed by the Board of Selectmen to fill an
unexpired term.
ARTICLE 82 (Bylaw Amendment: Streets and Sidewalks)
To see if the Town will vote to limit and minimize traffic signs on the island of
Nantucket by amending Chapter 127, Sections 19 and 20 of the Code of the Town of Nantucket, by adding new language as highlighted:
§ 127-19 Limitations on road improvements and construction.
A. The Town will preserve the historic character of its road system by prohibiting the
following improvements or construction for any publicly owned way or street on
Nantucket unless an exception of any of the following standards is expressly authorized by a vote of Town Meeting:
(1) The installation of automated traffic signals;
(2) Road widenings for the purpose of increasing motor vehicle travel capacity;
(3) The construction of travel lanes dedicated as turning lanes for motor vehicles;
(4) The construction of new public streets; and
(5) Paving of any unimproved publicly owned streets, ways, or roads.
(6) Reserved
(7) The installation of regulatory signs larger than the smallest or “minimum” size, as
defined in the Massachusetts Department of Highways current Manual on Uniform
Traffic Control Devices (MUTCD); the installation of any non-regulatory or MUTCD warning or guide sign with a dimension greater than 24”; the use of fluorescent
background colors on signs; the use of LED or other lights in a sign; the installation of a warning sign within 1000 feet of another sign, unless such warning sign is defined by the
MUTCD as an intersection warning sign or a pedestrian warning sign posted directly at
a crosswalk.
B. This section shall not apply to state roads, ways pursuant to the Subdivision Control Law, and common driveways.
§ 127-20 Exceptions.
Exceptions to the above prohibitions are:
A. Areas located within the Town Overlay District (not including traffic signals or road widenings for vehicle capacity or installation of signs) as depicted on the map entitled
Page 115 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
"Town and County Overlay District," dated January 2, 2002, Nantucket Planning and Economic Development Commission (Article 37, 2002 ATM) as duly amended and on
file at the Town Clerk's office.
B. Reconstruction of road beds and resurfacing of paved roads in existence prior to the effective date of this article.
C. Road improvements (not including traffic signal systems or installation of signs) as required by the Planning Board in conjunction with the approval of subdivision plans.
D. Reconstruction of existing road drainage systems or construction of new drainage
systems, provided that such systems are equipped with petroleum separation and capture per Massachusetts Department of Environmental Protection standards.
E. Bike paths and bike lanes.
F. Installation of warning signs in a school zone. Temporary installation of warning signs during construction.
G. Road improvements on First Way required by the Planning Board or the Board of Selectmen to support affordable housing, such housing defined herein as that housing
intended primarily for year-round residents earning up to 150% of median family income as determined by the U,S. Department of Housing and Urban Development, and
sponsored by a municipal entity, the Housing Authority or its designated nonprofit; housing required in connection with § 139-11J (MCD); or housing on lots subject to a
Nantucket Housing Needs Covenant.
(Kevin Kuester, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: Signage on Nantucket’s streets and roads is
already governed by State laws and various local policies. The Finance Committee recommends that the sponsors communicate with the DPW Director and any other
Town agencies regarding ways to minimize obtrusive signage.
ARTICLE 83
(Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes – Evergreen Way and Monohansett Road)
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:
Add the following parcels to the Town Sewer District:
Map Lot Number Street
68 700.1 2A Evergreen Way
68 701.1 4 Evergreen Way
Page 116 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
And to take any other action as may be related thereto.
(Select Board/Sewer Commissioners) 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 by adding the following parcels to the Town Sewer
District:
NOTE: At its meeting on March 10, 2021, the Select Board acting as the Sewer
Commissioners, voted to add the parcel referenced in the Article to the Town Sewer
District. Further, prior to any sewer extension being undertaken the owner(s) of the property must comply with any and all conditions of the Town, including but not limited
to payment for engineering, construction, condition assessment and capacity analysis of the current and potential upgrade of the force main and/or sewer line to which this
property would be connected.
68 701.2 4A Evergreen Way
68 702 6 Evergreen Way
68 703 8 Evergreen Way
68 703.1 8 - Evergreen Way
68 704 10 Evergreen Way
68 705 12 Evergreen Way
68 706 14 Evergreen Way
68 707 16 Evergreen Way
68 707.1 16B Evergreen Way
68 708 18 Evergreen Way
68 700 44 Monohansett Road
Map Lot Number Street
68 700.1 2A Evergreen Way
68 701.1 4 Evergreen Way
68 701.2 4A Evergreen Way
68 702 6 Evergreen Way
68 703 8 Evergreen Way
68 703.1 8 - Evergreen Way
68 704 10 Evergreen Way
68 705 12 Evergreen Way
68 706 14 Evergreen Way
68 707 16 Evergreen Way
68 707.1 16B Evergreen Way
68 708 18 Evergreen Way
68 700 44 Monohansett Road
Page 117 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 84 (Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Change - 18
Evergreen Way) To see if the Town will vote to: Amend the core sewer district map to include 18
Evergreen Way identified as Nantucket Tax Assessor’s Map-68, Parcel 708 which property currently abuts the existing sewer district
; or otherwise act thereon.
(Brian Ryder, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
FINANCE COMMITTEE COMMENT: The parcel contained in the Article is included in
Article 83.
ARTICLE 85
(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Change - 154R Cliff Road)
Carried Over from 2020 Annual Town Meeting
To see if the Town will vote to: Amend the sewer district map to include 154R Cliff Road, identified as Nantucket Tax Accessor's Map 41, Parcel 73.1, which is
currently outside the core sewer district.
; or otherwise act thereon.
(Bryan Swain, et al)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
NOTE: At its meeting on March 10, 2021, the Select Board acting as the Sewer Commissioners voted not to add the parcel referenced in the Article to the Town Sewer
District. If a positive Motion were to be brought forward at Town Meeting, a two-thirds
vote would be required from Town Meeting in order for the Article to be adopted; and if so adopted, prior to any sewer extension being undertaken the owner(s) of the property
must comply with any and all conditions of the Town, including but not limited to payment for engineering, construction, condition assessment and capacity analysis of
the current and potential upgrade of the force main and/or sewer line to which this
property would be connected.
Quantum of vote required for passage of a positive motion is 2/3 ARTICLE 86
(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Change - 18
Kimball Avenue) Carried Over from 2020 Annual Town Meeting
To see if the Town will vote to: Amend the sewer district map to include 18 Kimball Avenue, identified as Nantucket Tax Accessor's Map 30, Parcel 109, which is
currently outside the core sewer district.
Page 118 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
; or otherwise act thereon.
(Bryan Swain, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
NOTE: At its meeting on March 10, 2021, the Select Board acting as the Sewer
Commissioners voted not to add the parcel referenced in the Article to the Town Sewer District. If a positive Motion were to be brought forward at Town Meeting, a two-thirds
vote would be required from Town Meeting in order for the Article to be adopted; and if so adopted, prior to any sewer extension being undertaken the owner(s) of the property
must comply with any and all conditions of the Town, including but not limited to payment for engineering, construction, condition assessment and capacity analysis of
the current and potential upgrade of the force main and/or sewer line to which this
property would be connected.
Quantum of vote required for passage of a positive motion is 2/3
ARTICLE 87 (Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map
Change - 8 Isobels Way) To see if the Town will vote to amend the Siasconset Sewer District map to
include the following properties, currently outside the district, to within the district:
Map Lot Number Street
49 113 8 Isobels Way
All as shown on the attached map.
Or to take any other action related thereto.
(Richard Beaudette, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
NOTE: At its meeting on March 10, 2021, the Select Board acting as the Sewer Commissioners voted not to add the parcel referenced in the Article to the Town Sewer
District. If a positive Motion were to be brought forward at Town Meeting, a two-thirds vote would be required from Town Meeting in order for the Article to be adopted; and if
so adopted, prior to any sewer extension being undertaken the owner(s) of the property must comply with any and all conditions of the Town, including but not limited to
payment for engineering, construction, condition assessment and capacity analysis of
the current and potential upgrade of the force main and/or sewer line to which this property would be connected.
Quantum of vote required for passage of a positive motion is 2/3
Page 119 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 88 (Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Change – 1
Morgan Square) To see if the Town will vote to amend the Sewer District Map to include the
following property, currently outside the district, to within the district:
Map Parcel Address
87 3.3 1 Morgan Square
As shown on the attached map or to take any other action related thereto
(Lori A. Geddes, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
NOTE: At its meeting on March 10, 2021, the Select Board acting as the Sewer Commissioners voted not to add the parcel referenced in the Article to the Town Sewer
District. If a positive Motion were to be brought forward at Town Meeting, a two-thirds vote would be required from Town Meeting in order for the Article to be adopted; and if
so adopted, prior to any sewer extension being undertaken the owner(s) of the property
must comply with any and all conditions of the Town, including but not limited to payment for engineering, construction, condition assessment and capacity analysis of
the current and potential upgrade of the force main and/or sewer line to which this property would be connected.
Quantum of vote required for passage of a positive motion is 2/3 ARTICLE 89
(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Change –
Kimball Avenue and Heather Lane) To see if the Town will vote to amend the Core Sewer District map to include the
following properties, currently outside of the district, to within the district:
Map Parcel Number Street
30 109 18 Kimball Avenue
30 283 3 Heather Lane
30 108 4 Heather Lane
30 24.1 5 Heather Lane
30 24.2 7 Heather Lane
All as shown on the attached map.
Or to take any other action related thereto.
(Linda Williams, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
Page 120 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
NOTE: At its meeting on March 10, 2021, the Select Board acting as the Sewer Commissioners voted not to add the parcel referenced in the Article to the Town Sewer
District. If a positive Motion were to be brought forward at Town Meeting, a two-thirds vote would be required from Town Meeting in order for the Article to be adopted; and if
so adopted, prior to any sewer extension being undertaken the owner(s) of the property must comply with any and all conditions of the Town, including but not limited to
payment for engineering, construction, condition assessment and capacity analysis of
the current and potential upgrade of the force main and/or sewer line to which this property would be connected.
Quantum of vote required for passage of a positive motion is 2/3 ARTICLE 90
(Bylaw: Short-Term Rentals) To see if the Town will vote to amend the Town Code by adding a new Chapter
142 as follows, and further to authorize the Town Clerk to make non-substantive,
ministerial revisions to the numbering of this bylaw in order that it be in compliance with the numbering format of the Code of the Town of Nantucket; or to take any other action
relative thereto.
CHAPTER 142: SHORT-TERM RENTALS
§ 142-1 PURPOSE.
The purposes of this Bylaw are to:
• Provide a process through which Nantucket can continue the historic tradition of
a vibrant vacation rental market by owner-occupied homes such that they may be
permitted and registered with the Town of Nantucket for lawful use as Short-Term Rentals (as defined below);
• Help ensure equity and sufficiency of housing stock for year-round residents
• Protect the health and safety of renters and residents for those lawful Short-Term
Rentals;
• Ensure that Short-Term Rentals will not be detrimental to the character and livability of the Island and the residential neighborhoods surrounding such Short-
Term Rentals; and
• Ensure proper regulation of exclusively commercial uses of homes in Nantucket’s
residential areas.
§ 142-2 DEFINITIONS.
Short-Term Rental: Any rental of a residential dwelling unit, or of a bedroom within a
dwelling unit, in exchange for payment, as residential accommodations for a duration of less than thirty (30) consecutive days, but not a Transient Residential Facility.
Short-Term Renter: Any person or persons occupying a dwelling unit, or a bedroom
within a dwelling unit, as a Short-Term Rental.
Page 121 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Short-Term Rental Operator: The person or persons offering a dwelling unit or bedroom
for short-term rental with (if not the owner) the written permission of the owner, and the condominium association or homeowners association, where applicable.
Resident Short-Term Rental: The short-term rental of a dwelling unit, or of individual
bedrooms within a dwelling unit, that is a residence of, or accessory to the residence of,
a Nantucket resident, which residency shall be determined by the Town using one or more of the following methods – proof of enrollment in the Nantucket residential
exemption program, tenancy agreement along with photo ID, or an income tax return for the current year and a recent utility bill, both showing the current address of the operator
as the address of the Short-Term Rental. § 142-3 REQUIREMENTS AND LIMITATIONS ON FREQUENCY AND USE.
(a) Short-Term Rentals are permitted as an accessory use to a permitted principal
residential use, subject to the following requirements:
1. No residential premises may be used as a Short-Term Rental except in
compliance with this bylaw.
2. The following residential housing units may not be used as short-term rentals: (i) Any residential property in violation of the State Sanitary Code, 105 CMR 410;
and (ii) residential units designated as affordable or otherwise income-restricted, which are subject to affordability covenants or are otherwise subject to housing or
rental assistance under local, state, or federal programs or law.
3. Resident Short-Term Rentals shall not exceed, in the aggregate, ninety (90)
consecutive or nonconsecutive days per calendar year.
4. Other than Resident Short-Term Rentals, Short-Term Rentals shall not exceed, in
the aggregate, forty-five (45) consecutive or nonconsecutive days per calendar year.
5. Short-Term Rental Operators shall offer all Short-Term Rentals, other than
Resident Short-Term Rentals, to only one party of Short-Term Renters at a time,
not rented as separate bedrooms, beds, or spaces to separate parties.
6. Occupancy within a Short-Term Rental shall be limited to 2 people per bedroom for the maximum number of bedrooms lawfully available at the Short-Term Rental
pursuant to its current Title V certification.
7. A Short-Term Renter shall be limited to parking one (1) vehicle per Short-Term
Rental.
8. No Short-Term Rentals shall be for a period of less than seven (7) consecutive days. Resident Short-Term Rentals shall be exempt from the minimum stay
Page 122 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
duration requirement set forth in this paragraph provided that such rental is for a single private room in a residence occupied by a Nantucket resident as defined in
this Chapter.
9. Short-Term Rental Operators shall provide all Renters with contact information for the Short-Term Rental Operator, or when the operator is not present, the
contact information for a locally available contact designated to respond to all
emergencies and problems that may arise during the rental period, whether from renters, neighbors or municipal authorities. Short-Term Rental Operators shall
also provide all Short-Term Renters with all applicable trash, noise, parking and other local regulations.
§ 142-4 REGULATIONS. The Board of Health shall have the authority to promulgate
regulations to carry out and enforce the provisions of this Chapter 142 “Short-Term
Rentals.”
§ 142-5 REGISTRATION, PERMITTING, INSPECTION AND FEES.
(a) All Short-Term Rental Operators shall apply for a “Short-Term Rental Operator
Permit” (the “Permit”) with the Town’s Board of Health prior to offering the Short-Term Rental use and occupancy.
(b) The fees for such Permit shall be as follows:
a. Resident Short-Term Rentals - $150 per year, exclusive of any other applicable local fees or costs; and
b. All other Short-Term Rentals - $500 per year, exclusive of any other applicable local fees or costs.
(c) Permit applicants must be current with all town taxes, water, and sewage charges, and shall not have any outstanding building, sanitary, zoning, or fire code
violations, orders of abatement, or stop work orders. If a violation or other order is issued to the Short-Term Rental Operator after a Permit is granted, the Town may
suspend or revoke said Permit until the violation has been cured or otherwise resolved, subject to the requirements of Chapter 19, §§ 13 -18. Multiple violations by any one
Short-Term Rental Operator may, at the Town’s discretion, disqualify that Short-Term
Rental Operator from obtaining a permit in the future. Short-Term Rental Operators shall comply with all applicable federal, state, and local laws and codes, including but
not limited to the Fair Housing Act, G.L. c. 151B and local equivalents and regulations related thereto, and all other regulations applicable to residential dwellings.
(d) If a Permit is granted, the Short-Term Rental Operator shall register with the Town all such Short-Term Rentals, and secure a Certificate of Registration according to
standards set forth by the Board of Health. Such registration shall include an attestation
that the Permit-holder is in compliance with all applicable federal, state and local laws. The Board of Health shall not grant any Certificate of Registration unless the Permit-
Page 123 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
holder has (1) paid all associated permit fees; (2) provided contact information for person to address any issues at the Short-Term Rental within two (2) hours’ notice; and
(3) provided the Town with a Certificate of Insurance evidencing liability insurance coverage for the Short-Term Rental in an amount to be determined by regulation by the
Board of Health.
(e) At all times, the Short-Term Rental Operator shall maintain an up-to-date log of
all occupants that occupy the Short-Term Rental. This log shall contain the name of at least one Short-Term Renter, the total number of guests for the stay, and dates of each
rental period. The log shall be available for inspection by the Board of Heath upon request, and kept accessible for a period of three (3) years.
(f) Permit-holders are subject to inspection of the Short-Term Rental by the Town
upon reasonable notice via consent or administrative warrant, or without such notice in the event of imminent concern or threat to public health or safety.
(g) Permits are valid for one (1) year, and may be renewed at the Board of Health’s
discretion, provided that the Short-Term Rental Operator has compiled with the
provisions of this Chapter and any associated regulations during the preceding year and the Building Department issues a new Certificate of Registration.
(h) Permits are granted to named Short-Term Rental Operators and do not run with
the land. If the Short-Term Rental is sold or transferred out of ownership, a new Permit
application needs to be filed before Short-Term Rentals can continue or resume. (i) The Town, through its Town Manager, may procure services to assist in any
aspect of administering this Bylaw.
§ 142-6 ENFORCEMENT All violations of this section may be penalized by a noncriminal disposition as provided
for in G.L. c. 40, § 21D and imposing a fine of Three Hundred Dollars ($300). Each day
of violation shall be deemed a separate and distinct offense. The provisions of this section may also be enforced, if applicable, by the Town seeking an injunction from a
court of competent jurisdiction prohibiting the offering of the Short-Term Rental. Nothing herein shall be construed to preclude the Town from seeking any additional penalties or
taking any additional enforcement action as allowed for by law.
§ 142-9 SEVERABILITY.
If any provision in this section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the
remaining provisions, which shall remain in full force and effect.
§ 142-8 EFFECTIVE DATE.
The provisions of this Chapter 142 “Short-Term Rentals” shall take effect on October 1, 2021.
(Tobias Glidden, et al)
Page 124 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The economic impact of this Article on the island’s economy is complex and difficult to evaluate. Limiting short-term rentals would
negatively affect the Town’s budget as well as full-time and non-resident property owners. Therefore, the Finance Committee recommends Not to Adopt.
The sponsors have not demonstrated their assertion that year-round (and/or affordable) housing is being lost due to investor-owned rental development. In addition, we believe
that Nantucket is a welcoming community that is enriched by our seasonal residents, many of whom could be forced to sell their homes when faced with the loss of income
the new restrictions would impose.
SELECT BOARD COMMENT: In a 3-0 vote with two members recusing, the Select
Board supports the Finance Committee Motion and also supports a thorough review of the impact of short-term rentals on the community.
ARTICLE 91
(Bylaw: Safety of Drinking Water)
To see if the town will vote to amend the General Bylaws of the town by inserting a new bylaw as follows:
Safety of Drinking Water
1. In addition to, as supplemental home rule requirements, and not in any way in
derogation of any applicable federal or state water quality standards and requirements,
public water suppliers or distributors, that are operated by the town of Nantucket or any of its instrumentalities, boards, committees, commissions or agencies, included but not
limited to the Nantucket water department, Wannacomet Water Company, Nantucket Public Schools, Nantucket Memorial Airport, and Nantucket Land Bank shall have the
quality of water tested at an independent laboratory at least once per calendar quarter,
or more often as may be required by applicable federal or state requirements, which tests shall include at least tests for the presence of chemical compounds known as
PFAS. 2. In the event any test described in section 1 of this Bylaw or any test however arising
reports a test result for PFAS at a level of 15 parts per trillion, or higher, the foregoing
described town of Nantucket public water supplier or distributor shall in addition to any other applicable federal or state requirement:
(A) issue a public alert by posting such test results in a newspaper of general circulation
within the town and posting the test results on the town of Nantucket website; and
(B) present to the town of Nantucket Select Board at a public meeting within 90 days of
the date of receipt of such test report, a corrective action plan and time table by which the presence of PFAS in drinking water supplies at the above stated level are to be
addressed and remediated.
Page 125 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
(Meghan P. Glowacki, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
ARTICLE 92
(Home Rule Petition: Real Estate Exchange of Nantucket Islands Land Bank’s Nobadeer Playing Fields for the Town of Nantucket’s Mill Hill Park)
To see if the Town will vote to authorize submission of a petition by the Town to
the General Court consistent with the requirements of Article 97 of the Amendments to the Massachusetts Constitution to enact special legislation to authorize the transfer and
conveyance of portions of certain parcels of land in the Town of Nantucket owned by the Town and Nantucket Islands Land Bank respectively for recreational, open space, or
public park purposes, as described in more detail below and as shown on a map entitled “2021 Annual Town Meeting Warrant Article 92” dated June 5, 2021 and filed with the Office of the Town Clerk, provided, however, that the General Court may with the
approval of both the Nantucket Islands Land Bank Commission and the Select Board, make constructive changes in language as may be necessary or advisable towards
perfecting the intent of this article or in order to secure passage:
AN ACT AUTHORIZING THE NANTUCKET ISLANDS LAND BANK AND THE
TOWN OF NANTUCKET TO TRANSFER, CONVEY OR OTHERWISE DISPOSE TO EACH OTHER PORTIONS OF CERTAIN LANDS SITUATED IN THE TOWN OF
NANTUCKET HELD FOR RECREATIONAL, OPEN SPACE, OR PUBLIC PARK PURPOSES
Be it enacted by the Senate and the House of Representatives in General Court
assembled, and by the authority of the same, as follows:
Section 1. In order to promote the effective and efficient management of each property
for the purposes that it is now used, the Town of Nantucket and the Nantucket Islands Land Bank are hereby authorized to exchange ownership of the property commonly
known as “Mill Hill Park”, now owned by the Town of Nantucket as a public park, for the
property commonly known as the “Nobadeer Playing Fields,” now owned by the Nantucket Islands Land Bank for recreational purposes, all as more particularly
described in the following sections of this Act.
Section 2. Pursuant to Article 97 of the Amendments of the Constitution of the
Commonwealth of Massachusetts and notwithstanding the provisions of any general or special law to the contrary, the Nantucket Islands Land Bank may transfer, convey or
otherwise dispose of portions of that certain parcel of land situated in the Town of Nantucket to the Town of Nantucket for recreational purposes, described as follows:
a. Approximately 14.8 Acres of Lot 1 on the plan entitled “Plan of Land North
Pasture Milestone Road on Nantucket, MA” dated February 5, 1998, recorded
with the Nantucket Registry of Deeds in Plan File 52A, being that Project Area called the Nobadeer Farm Recreational Facility permitted by the Division of
Fisheries & Wildlife MA Endangered Species Act (G.L. c. 131A) Conservation and Management Permit Conservation Permit No. 008-126.DFW recorded in
Page 126 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Nantucket Registry of Deeds Book 1167, Page 213, and also being a portion of Nantucket Tax Assessor’s Map 69, Parcel 1; and
b. A parcel of land comprised of a portion of 2 Milestone Road, shown on Nantucket Tax Assessor’s Map 55, Parcel 65 and a portion of 174 Orange
Street, shown on Nantucket Tax Assessor’s Map 55, Parcel 64 from the edge of asphalt road to include the existing bike path as shown on a plan entitled
“Conceptual Plan for 174 Orange Street and 2 Milestone Road” containing
7,450 square feet more or less.
Any such disposition shall be on such terms and conditions as the Nantucket Islands Land Bank Commission deems appropriate, which may include the reservation of
restrictions and easements and which shall be conditioned upon receipt of the parcel described in the following Section 3.
Section 3. Pursuant to Article 97 of the Amendments of 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, convey or otherwise dispose of portions of those certain parcels of land situated in the Town of Nantucket to
the Nantucket Islands Land Bank for passive recreational, open space, or public park
purposes, described as follows:
Approximately 16.5 Acres of land comprised of five (5) parcels now used as a public park:
a. Nantucket Tax Assessor’s Map 55.4.4, Parcel 81, being the fourth parcel described in the deed recorded in Nantucket Registry of Deeds Book 124,
Page 403 (37 Prospect Street);
b. Nantucket Tax Assessor’s Map 55.4.4, Parcel 57, being the first parcel described in the deed recorded in Nantucket Registry of Deeds Book 124,
Page 403 and shown as Lot D on Land Court Plan No. 12559A (39 Prospect Street);
c. Nantucket Tax Assessor’s Map 55, Parcel 321, being the third parcel
described in the deed recorded in Nantucket Registry of Deeds Book 124, Page 403 and shown as Lot C on Land Court Plan No. 12559A (47 Prospect
Street); d. Nantucket Tax Assessor’s Map 55, Parcel 319, being the second parcel
described in the deed recorded in Nantucket Registry of Deeds Book 124,
Page 403 and shown on Land Court Plan No. 13837A (North Mill Street); and e. Nantucket Tax Assessor’s Map 55, Parcel 1, being described in the deed
recorded in Nantucket Registry of Deeds Book 663, Page 250 and shown as Lot 15 on the plan recorded in Nantucket Registry of Deeds Plan Book 24,
Page 84 (29 Vesper Lane).
Any such disposition shall be on such terms and conditions as the Town of Nantucket
Select Board deems appropriate, which may include the reservation of restrictions and easements and which shall be conditioned upon receipt of the parcel described in the
foregoing Section 2.
Page 127 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Section 4. This act shall take effect upon its passage.
Or to take any other action related thereto.
(Select Board) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the
General Court are hereby requested to introduce legislation as set forth below; and, that
the General Court, with the approval of the Select Board, make constructive changes in the text hereof as may be necessary or advisable to accomplish the intent of the
legislation in order to secure its passage, as follows:
AN ACT AUTHORIZING THE NANTUCKET ISLANDS LAND BANK AND THE TOWN OF NANTUCKET TO TRANSFER, CONVEY OR OTHERWISE DISPOSE TO EACH
OTHER PORTIONS OF CERTAIN LANDS SITUATED IN THE TOWN OF
NANTUCKET HELD FOR RECREATIONAL, OPEN SPACE, OR PUBLIC PARK PURPOSES
Be it enacted by the Senate and the House of Representatives in General Court
assembled, and by the authority of the same, as follows:
Section 1. In order to promote the effective and efficient management of each property
for the purposes that it is now used, the Town of Nantucket and the Nantucket Islands Land Bank are hereby authorized to exchange ownership of the property commonly
known as “Mill Hill Park”, now owned by the Town of Nantucket as a public park, for the property commonly known as the “Nobadeer Playing Fields,” now owned by the
Nantucket Islands Land Bank for recreational purposes, all as more particularly
described in the following sections of this Act.
Section 2. Pursuant to Article 97 of the Amendments of the Constitution of the Commonwealth of Massachusetts and notwithstanding the provisions of any general or
special law to the contrary, the Nantucket Islands Land Bank may transfer, convey or
otherwise dispose of portions of that certain parcel of land situated in the Town of Nantucket to the Town of Nantucket for recreational purposes, described as follows:
a. Approximately 14.8 Acres of Lot 1 on the plan entitled “Plan of Land North
Pasture Milestone Road on Nantucket, MA” dated February 5, 1998, recorded
with the Nantucket Registry of Deeds in Plan File 52A, being that Project Area called the Nobadeer Farm Recreational Facility permitted by the Division of
Fisheries & Wildlife MA Endangered Species Act (G.L. c. 131A) Conservation and Management Permit Conservation Permit No. 008-126.DFW recorded in
Nantucket Registry of Deeds Book 1167, Page 213, and also being a portion of Nantucket Tax Assessor’s Map 69, Parcel 1; and
b. A parcel of land comprised of a portion of 2 Milestone Road, shown on
Nantucket Tax Assessor’s Map 55, Parcel 65 and a portion of 174 Orange Street, shown on Nantucket Tax Assessor’s Map 55, Parcel 64 from the edge
of asphalt road to include the existing bike path as shown on a plan entitled
Page 128 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
“Conceptual Plan for 174 Orange Street and 2 Milestone Road” containing 7,450 square feet more or less.
Any such disposition shall be on such terms and conditions as the Nantucket Islands
Land Bank Commission deems appropriate, which may include the reservation of restrictions and easements and which shall be conditioned upon receipt of the parcel
described in the following Section 3.
Section 3. Pursuant to Article 97 of the Amendments of 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, convey or otherwise
dispose of portions of those certain parcels of land situated in the Town of Nantucket to the Nantucket Islands Land Bank for passive recreational, open space, or public park
purposes, described as follows:
Approximately 16.5 Acres of land comprised of five (5) parcels now used as a
public park: a. Nantucket Tax Assessor’s Map 55.4.4, Parcel 81, being the fourth parcel
described in the deed recorded in Nantucket Registry of Deeds Book 124,
Page 403 (37 Prospect Street); b. Nantucket Tax Assessor’s Map 55.4.4, Parcel 57, being the first parcel
described in the deed recorded in Nantucket Registry of Deeds Book 124, Page 403 and shown as Lot D on Land Court Plan No. 12559A (39 Prospect
Street); c. Nantucket Tax Assessor’s Map 55, Parcel 321, being the third parcel
described in the deed recorded in Nantucket Registry of Deeds Book 124,
Page 403 and shown as Lot C on Land Court Plan No. 12559A (47 Prospect Street);
d. Nantucket Tax Assessor’s Map 55, Parcel 319, being the second parcel described in the deed recorded in Nantucket Registry of Deeds Book 124,
Page 403 and shown on Land Court Plan No. 13837A (North Mill Street); and
e. Nantucket Tax Assessor’s Map 55, Parcel 1, being described in the deed recorded in Nantucket Registry of Deeds Book 663, Page 250 and shown as
Lot 15 on the plan recorded in Nantucket Registry of Deeds Plan Book 24, Page 84 (29 Vesper Lane).
Any such disposition shall be on such terms and conditions as the Town of Nantucket Select Board deems appropriate, which may include the reservation of restrictions and
easements and which shall be conditioned upon receipt of the parcel described in the foregoing Section 2.
Section 4. This act shall take effect upon its passage.
ARTICLE 93 (Home Rule Petition: Amending the Town Charter Relative to the Audit Committee)
To see if the Town will vote to request its representatives in the General Court to introduce special legislation amending the charter for the Town of Nantucket, and to
Page 129 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
authorize the General Court, with the approval of the Select Board, to make changes of form to the text thereto as may be necessary or advisable in order to accomplish the
intent and public purpose of this legislation in order to secure passage, as follows:
AN ACT RELATIVE TO THE MEMBERSHIP OF THE AUDIT COMMITTEE OF 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. Subsection (c) of section 3.5 of article III of the charter of the town of
Nantucket, as established by chapter 289 of the acts of 1996, as amended, which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out the words “further,
to establish and shall so establish as a permanent standing committee of the town a three member audit committee whose duties shall include appointment of an outside
audit firm, review of the annual audit results and evaluation of the internal accounting procedures and controls. The audit committee shall be composed of three members
each serving a term of one year. The committee will consist of the Chairman of the
Select Board, the Chairman of the Finance Committee and one member of the Select Board appointed by the Select Board.”
SECTION 2. Said article III of said charter is hereby further amended by inserting after
said section 3.5 the following new section:
Section 3.6. Audit Committee
(a) Members. In accordance with this charter, the Select Board shall establish a five-
member Audit Committee consisting of the Chairman of the Select Board, the Chairman of the Finance Committee, one appointed member from the Select
Board, and two members of the Nantucket community. The public members will
be appointed by the Select Board. Each member shall be a voting member and be appointed for 1-year terms.
(b) Purposes, Duties, and Responsibilities of the Audit Committee. The Audit
Committee shall represent the Select Board in discharging its responsibility
relating to the accounting, reporting, and financial practices of the Town, and shall have general responsibility for surveillance of internal controls and
accounting and audit activities of the Town. Specifically, the Audit Committee shall:
(1) Evaluate and recommend to the Select Board a firm of independent
certified public accountants as auditors of the Town.
(2) Review with the independent auditors their audit procedures, including
the scope, fees and timing of the audit, and the results of the annual audit examination and any accompanying management letters.
Page 130 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
(3) Review the written statement from the outside auditor of the Town
concerning any relationships between the auditor and the Town or any other relationships that may adversely affect the independence of the
auditor and assess the independence of the outside auditor.
(4) Review and discuss with the Finance Director and the independent
auditors the Town's annual audited consolidated financial statements, including an analysis of the auditors' judgment as to the quality of the
Town's accounting principles.
(5) Review the adequacy of the Town's internal controls.
(6) Review significant changes in the accounting policies of the Town and
accounting and financial reporting rule change that may have a significant impact on the Town's financial reports.
(7) Review material pending legal proceedings involving the Town and other
contingent liabilities.
(8) Review the adequacy of the Audit Committee Charter on an annual
basis.
(c) Meetings. The Audit Committee shall meet as often as may be deemed necessary. The Audit Committee shall meet in executive session (without the
presence of staff) with the independent auditors at least annually. The Audit
Committee shall report to the full Select Board with respect to its meetings. The majority of the members of the Audit Committee shall constitute a quorum.
SECTION 3. This act shall take effect upon its passage.
Or to take any other action related thereto.
(Select Board) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the
General Court are hereby requested to introduce legislation as set forth below; and, that
the General Court, with the approval of the Select Board, make constructive changes in the text hereof as may be necessary or advisable to accomplish the intent of the
legislation in order to secure its passage, as follows:
AN ACT RELATIVE TO THE MEMBERSHIP OF THE AUDIT COMMITTEE OF 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:
Page 131 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
SECTION 1. Subsection (c) of section 3.5 of article III of the charter of the town of Nantucket, as established by chapter 289 of the acts of 1996, as amended, which is on
file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out the words “further,
to establish and shall so establish as a permanent standing committee of the town a three member audit committee whose duties shall include appointment of an outside
audit firm, review of the annual audit results and evaluation of the internal accounting
procedures and controls. The audit committee shall be composed of three members each serving a term of one year. The committee will consist of the Chairman of the
Select Board, the Chairman of the Finance Committee and one member of the Select Board appointed by the Select Board.”
SECTION 2. Said article III of said charter is hereby further amended by inserting after
said section 3.5 the following new section:
Section 3.6. Audit Committee
(a) Members. In accordance with this charter, the Select Board shall establish a five-
member Audit Committee consisting of the Chairman of the Select Board, the
Chairman of the Finance Committee, one appointed member from the Select Board, and two members of the Nantucket community. The public members will
be appointed by the Select Board. Each member shall be a voting member and be appointed for 1-year terms.
(b) Purposes, Duties, and Responsibilities of the Audit Committee. The Audit
Committee shall represent the Select Board in discharging its responsibility
relating to the accounting, reporting, and financial practices of the Town, and shall have general responsibility for surveillance of internal controls and
accounting and audit activities of the Town. Specifically, the Audit Committee shall:
(1) Evaluate and recommend to the Select Board a firm of independent certified public accountants as auditors of the Town.
(2) Review with the independent auditors their audit procedures, including
the scope, fees and timing of the audit, and the results of the annual
audit examination and any accompanying management letters.
(3) Review the written statement from the outside auditor of the Town concerning any relationships between the auditor and the Town or any
other relationships that may adversely affect the independence of the auditor and assess the independence of the outside auditor.
(4) Review and discuss with the Finance Director and the independent auditors the Town's annual audited consolidated financial statements,
including an analysis of the auditors' judgment as to the quality of the Town's accounting principles.
Page 132 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
(5) Review the adequacy of the Town's internal controls.
(6) Review significant changes in the accounting policies of the Town and
accounting and financial reporting rule change that may have a significant impact on the Town's financial reports.
(7) Review material pending legal proceedings involving the Town and other contingent liabilities.
(8) Review the adequacy of the Audit Committee Charter on an annual
basis.
(c) Meetings. The Audit Committee shall meet as often as may be deemed
necessary. The Audit Committee shall meet in executive session (without the presence of staff) with the independent auditors at least annually. The Audit
Committee shall report to the full Select Board with respect to its meetings. The majority of the members of the Audit Committee shall constitute a quorum.
SECTION 3. This act shall take effect upon its passage.
ARTICLE 94 (Home Rule Petition: Town Charter – Select Board Amendment/Airport Capital Projects)
To see if the Town will vote to request its representatives in the General Court to introduce special legislation, the text of which is set forth below, amending the charter
for the Town of Nantucket, and to authorize the General Court, with the approval of the
Select Board, to make changes in the text thereto as may be necessary or advisable in order to accomplish the intent of this legislation in order to secure passage; or to take
any other action related thereto.
AN ACT AMENDING THE CHARTER FOR THE TOWN OF NANTUCKET
SECTION 1. Section 2.1 of article II of the charter of the town of Nantucket, as
established by chapter 289 of the acts of 1996, as amended, which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the
General Laws, is hereby amended as follows:
1. Striking out the first sentence of the second paragraph said section 2.1 and
replacing it with the following:
Notwithstanding the foregoing, certain powers of Town Meeting as to real estate acquisitions and funding of capital projects at Nantucket Airport shall also be
vested in the Select Board, as specified in Sections 3.3 and 3.6, subject to the
voters' right to petition, as specified in Sections 2.1(b), 3.3, and 3.6.
2. Striking out section 2.1(b) and replacing it with the following:
Page 133 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
To veto any real estate acquisition voted by the Select Board pursuant to Section 3.3 or any vote regarding funding of capital projects at the Nantucket Airport
pursuant to Section 3.6; provided, however, that a petition proposing such veto in the form of a Town Meeting warrant article is signed by at least ten registered
voters and provided that the petition is timely filed with the Town Clerk. The Town Clerk shall then present the petition to the Select Board within the time
permitted for inclusion of the article in the next Annual Town Meeting or Special
Town Meeting warrant. The Select Board or the Nantucket Airport Commission, as applicable may proceed with the real estate acquisition or use of funding of
capital projects to benefit the Airport unless a petition to veto such acquisition or funding is filed with the Town Clerk within 15 days of the public notice provided
for Section 3.6 of this Charter.
SECTION 2. Section 3.1 of article III of said charter is hereby amended by adding a
new section 3.6 as follows:
Section 3.6 Funding for the Benefit of the Nantucket Airport
At the request of the Nantucket Airport Commission, the Select Board may,
notwithstanding any law to the contrary, vote to appropriate, borrow or transfer from available funds any sum of money to be placed in the Airport enterprise fund, or any
other fund established for the benefit of Nantucket Airport, in order to permit the Nantucket Airport Commission or the Nantucket Airport to qualify for available grants
and loans; provided that the amount of such appropriation or borrowing shall not exceed the total cost of the Capital Project for which the appropriation or borrowing is
authorized pursuant to Section 2.1(b) of this Charter; and provided further that any
amount authorized to be appropriated, borrowed or transferred by the Select Board shall, subject to any applicable grant or loan requirements and applicable laws, be
reduced by the amount of any such grant or loan funds received prior to the issuance of bonds or notes or the expenditure of funds by the Nantucket Airport Commission.
The Select Board shall publish a public notice of such vote in a newspaper having general circulation within the Town. Any such vote shall be subject to veto by Town
Meeting if a petition as set forth in Section 2.1(b) is filed with the Town Clerk within 15 days following the date such public notice is published.
Nothing in this section of the Charter shall affect the acceptance of gifts pursuant to Chapter 44, Section 53A of the General Laws.
(Select Board for Nantucket Memorial Airport Commission)
FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation as set forth below; and, that
the General Court, with the approval of the Select Board, make constructive changes in
the text hereof as may be necessary or advisable to accomplish the intent of the legislation in order to secure its passage, as follows:
AN ACT AMENDING THE CHARTER FOR THE TOWN OF NANTUCKET
Page 134 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
SECTION 1. Section 2.1 of article II of the charter of the town of Nantucket, as
established by chapter 289 of the acts of 1996, as amended, which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the
General Laws, is hereby amended as follows:
1. Striking out the first sentence of the second paragraph said section 2.1 and
replacing it with the following:
Notwithstanding the foregoing, certain powers of Town Meeting as to real estate acquisitions and funding of capital projects at Nantucket Airport shall also be
vested in the Select Board, as specified in Sections 3.3 and 3.6, subject to the voters' right to petition, as specified in Sections 2.1(b), 3.3, and 3.6.
2. Striking out section 2.1(b) and replacing it with the following:
To veto any real estate acquisition voted by the Select Board pursuant to Section 3.3 or any vote regarding funding of capital projects at the Nantucket Airport
pursuant to Section 3.6; provided, however, that a petition proposing such veto in
the form of a Town Meeting warrant article is signed by at least ten registered voters and provided that the petition is timely filed with the Town Clerk. The
Town Clerk shall then present the petition to the Select Board within the time permitted for inclusion of the article in the next Annual Town Meeting or Special
Town Meeting warrant. The Select Board or the Nantucket Airport Commission, as applicable may proceed with the real estate acquisition or use of funding of
capital projects to benefit the Airport unless a petition to veto such acquisition or
funding is filed with the Town Clerk within 15 days of the public notice provided for Section 3.6 of this Charter.
SECTION 2. Section 3.1 of article III of said charter is hereby amended by adding a
new section 3.6 as follows:
Section 3.6 Funding for the Benefit of the Nantucket Airport
At the request of the Nantucket Airport Commission, the Select Board may,
notwithstanding any law to the contrary, vote to appropriate, borrow or transfer from
available funds any sum of money to be placed in the Airport enterprise fund, or any other fund established for the benefit of Nantucket Airport, in order to permit the
Nantucket Airport Commission or the Nantucket Airport to qualify for available grants and loans; provided that the amount of such appropriation or borrowing shall not exceed
the total cost of the Capital Project for which the appropriation or borrowing is authorized pursuant to Section 2.1(b) of this Charter; and provided further that any
amount authorized to be appropriated, borrowed or transferred by the Select Board
shall, subject to any applicable grant or loan requirements and applicable laws, be reduced by the amount of any such grant or loan funds received prior to the issuance of
bonds or notes or the expenditure of funds by the Nantucket Airport Commission.
Page 135 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
The Select Board shall publish a public notice of such vote in a newspaper having general circulation within the Town. Any such vote shall be subject to veto by Town
Meeting if a petition as set forth in Section 2.1(b) is filed with the Town Clerk within 15 days following the date such public notice is published.
Nothing in this section of the Charter shall affect the acceptance of gifts pursuant to
Chapter 44, Section 53A of the General Laws.
ARTICLE 95
(Home Rule Petition: Issuance of Pension Obligation Bonds and Notes) To see if the Town will vote to request its representatives in the General Court to
introduce special legislation authorizing the Town to issue pension obligation bonds and notes, and to authorize the General Court, with the approval of the Select Board, to make changes of form to the text thereto as may be necessary or advisable in order to
accomplish the intent and public purpose of this legislation in order to secure passage, as follows:
AN ACT AUTHORIZING THE TOWN OF NANTUCKET TO ISSUE PENSION
OBLIGATION BONDS OR NOTES
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. The town of Nantucket may issue, at one time or from time to time, bonds or notes for the purpose of funding the portion of the unfunded pension liability of the
Barnstable County retirement association allocable to the town of Nantucket, Nantucket
County and the Nantucket Islands Land Bank. The proceeds of any such issuance, other than amounts to be applied to issuance costs and expenses, shall be paid by the
town of Nantucket to the Barnstable County retirement association, shall be allocated solely to reduce the unfunded pension liability allocable to the town of Nantucket,
Nantucket County and the Nantucket Islands Land Bank to which the bonds or notes
relate, shall be invested in any investments which are permitted under chapter 32 of the General Laws and shall otherwise be held and expended on behalf of the town by the
Barnstable County retirement association in accordance with law. The terms of any such bonds or notes shall not exceed 30 years from the date of issuance and the amount of
any such bonds or notes shall be outside the limit of indebtedness prescribed in section
10 of chapter 44 of the General Laws. Upon the authorization of the issuance of pension obligation bonds by the town, the town shall submit the vote and a plan demonstrating
how the town will finance and allocate the debt service associated with the bonds or notes to the executive office for administration and finance, and no bonds or notes
authorized to be issued by this act shall be issued until the secretary for administration and finance has approved the plan and the issuance of such bonds or notes. Except as
otherwise provided in this act, such bonds or notes shall be subject to said chapter 44.
SECTION 2. The aggregate principal amount of the bonds or notes issued during any
calendar year under authority of this act shall not be greater than the amount sufficient to extinguish the unfunded pension liability of the Barnstable County retirement
Page 136 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
association allocable to the town of Nantucket, Nantucket County and the Nantucket Islands Land Bank as of a particular date as determined in accordance with this section,
plus an amount to provide for issuance costs and other expenses necessary or incidental thereto. The Barnstable County retirement association shall first determine
the amount sufficient to extinguish the unfunded pension liability of the town of Nantucket, Nantucket County and the Nantucket Islands Land Bank in accordance with
the report of a nationally recognized independent consulting firm, which may be the
consulting actuary generally retained by the Barnstable County retirement association, and which amount shall be approved by the public employee retirement administration
commission. The report shall also set forth the present value savings to the town reasonably expected to be achieved as a result of the issuance of such bonds or notes.
SECTION 3. The maturities of such bonds or notes shall be scheduled so that the
annual combined payments of principal and interest for each issue shall be as nearly
equal as practicable in the opinion of the town Treasurer, in any manner that shall provide for a more rapid amortization of principal, or in accordance with any other
manner consistent with the town’s approved funding schedule, as the secretary for administration and finance shall approve. In granting the approval, the secretary may
require the establishment of a reserve to be created from a portion of the amount of the
annual savings used to calculate the present value savings. Any such reserve shall be held and controlled by the town and shall be separate from any other reserve or fund of
the town allowed or required by statute. The secretary shall establish a method to calculate both the required amount of annual contribution to the reserve and the
minimum value to be maintained in the reserve and shall prescribe conditions for expenditure from the reserve, including its use if necessary to prevent or limit any future
unfunded actuarial pension liability, and the conditions under which all or a portion of the
funds in the reserve may be available for unrestricted purposes in which case such funds or portions thereof shall be transferred to the town treasury. Any funds in the
reserve shall be trust funds within the meaning of section 54 of chapter 44 of the General Laws and, expected as otherwise provided in this act, shall be subject to the
provisions of said section 54.
SECTION 4. If the unfunded pension liability to be funded with the proceeds of an issue
of bonds or notes issued under this act relates in part to employees of Nantucket County or the Nantucket Islands Land Bank, each of such entities shall be responsible for
reimbursing the town of Nantucket for such proportion of the annual debt service
expense paid by the town of Nantucket for bonds or notes issued hereunder as is equal to the proportion of the total unfunded pension liability to be funded with the proceeds of
the bonds or notes as relates to each of such entities. Notwithstanding any general or special law to the contrary, the Public Employee Retirement Administration Commission
shall increase the annual amount to be certified under section 22 of the General Laws as the amount necessary to be paid by Nantucket County and the Nantucket County
Land Bank as its proportionate share of the annual debt service expense as determined
herein. The town of Nantucket shall have the same legal rights and authority as the retirement board of the Barnstable County retirement association to collect any amount
so assessed to Nantucket County or the Nantucket Islands Land Bank.
Page 137 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
SECTION 5. Notwithstanding chapter 70 of the General Laws or any other general or special law to the contrary, the portion of the annual debt service paid by the town of
Nantucket for bonds or notes issued under this act applicable to school department personnel who are members of the Barnstable County retirement association shall be
included in the computation of net school spending for the purposes of said chapter 70 or any other law.
SECTION 6. This act shall take effect upon its passage.
Or to take any other action relative thereto.
(Select Board) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the
General Court are hereby requested to introduce legislation as set forth below; and, that
the General Court, with the approval of the Select Board, make constructive changes in the text hereof as may be necessary or advisable to accomplish the intent of the
legislation in order to secure its passage, as follows:
AN ACT AUTHORIZING THE TOWN OF NANTUCKET TO ISSUE PENSION
OBLIGATION BONDS OR NOTES
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. The town of Nantucket may issue, at one time or from time to time, bonds
or notes for the purpose of funding the portion of the unfunded pension liability of the
Barnstable County retirement association allocable to the town of Nantucket, Nantucket County and the Nantucket Islands Land Bank. The proceeds of any such issuance,
other than amounts to be applied to issuance costs and expenses, shall be paid by the town of Nantucket to the Barnstable County retirement association, shall be allocated
solely to reduce the unfunded pension liability allocable to the town of Nantucket,
Nantucket County and the Nantucket Islands Land Bank to which the bonds or notes relate, shall be invested in any investments which are permitted under chapter 32 of the
General Laws and shall otherwise be held and expended on behalf of the town by the Barnstable County retirement association in accordance with law. The terms of any
such bonds or notes shall not exceed 30 years from the date of issuance and the
amount of any such bonds or notes shall be outside the limit of indebtedness prescribed in section 10 of chapter 44 of the General Laws. Upon the authorization of the issuance
of pension obligation bonds by the town, the town shall submit the vote and a plan demonstrating how the town will finance and allocate the debt service associated with
the bonds or notes to the executive office for administration and finance, and no bonds or notes authorized to be issued by this act shall be issued until the secretary for
administration and finance has approved the plan and the issuance of such bonds or
notes. Except as otherwise provided in this act, such bonds or notes shall be subject to said chapter 44.
Page 138 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
SECTION 2. The aggregate principal amount of the bonds or notes issued during any calendar year under authority of this act shall not be greater than the amount sufficient
to extinguish the unfunded pension liability of the Barnstable County retirement association allocable to the town of Nantucket, Nantucket County and the Nantucket
Islands Land Bank as of a particular date as determined in accordance with this section, plus an amount to provide for issuance costs and other expenses necessary or
incidental thereto. The Barnstable County retirement association shall first determine
the amount sufficient to extinguish the unfunded pension liability of the town of Nantucket, Nantucket County and the Nantucket Islands Land Bank in accordance with
the report of a nationally recognized independent consulting firm, which may be the consulting actuary generally retained by the Barnstable County retirement association,
and which amount shall be approved by the public employee retirement administration commission. The report shall also set forth the present value savings to the town
reasonably expected to be achieved as a result of the issuance of such bonds or notes.
SECTION 3. The maturities of such bonds or notes shall be scheduled so that the
annual combined payments of principal and interest for each issue shall be as nearly equal as practicable in the opinion of the town Treasurer, in any manner that shall
provide for a more rapid amortization of principal, or in accordance with any other
manner consistent with the town’s approved funding schedule, as the secretary for administration and finance shall approve. In granting the approval, the secretary may
require the establishment of a reserve to be created from a portion of the amount of the annual savings used to calculate the present value savings. Any such reserve shall be
held and controlled by the town and shall be separate from any other reserve or fund of the town allowed or required by statute. The secretary shall establish a method to
calculate both the required amount of annual contribution to the reserve and the
minimum value to be maintained in the reserve and shall prescribe conditions for expenditure from the reserve, including its use if necessary to prevent or limit any future
unfunded actuarial pension liability, and the conditions under which all or a portion of the funds in the reserve may be available for unrestricted purposes in which case such
funds or portions thereof shall be transferred to the town treasury. Any funds in the
reserve shall be trust funds within the meaning of section 54 of chapter 44 of the General Laws and, expected as otherwise provided in this act, shall be subject to the
provisions of said section 54.
SECTION 4. If the unfunded pension liability to be funded with the proceeds of an issue
of bonds or notes issued under this act relates in part to employees of Nantucket County or the Nantucket Islands Land Bank, each of such entities shall be responsible for
reimbursing the town of Nantucket for such proportion of the annual debt service expense paid by the town of Nantucket for bonds or notes issued hereunder as is equal
to the proportion of the total unfunded pension liability to be funded with the proceeds of the bonds or notes as relates to each of such entities. Notwithstanding any general or
special law to the contrary, the Public Employee Retirement Administration Commission
shall increase the annual amount to be certified under section 22 of the General Laws as the amount necessary to be paid by Nantucket County and the Nantucket County
Land Bank as its proportionate share of the annual debt service expense as determined herein. The town of Nantucket shall have the same legal rights and authority as the
Page 139 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
retirement board of the Barnstable County retirement association to collect any amount so assessed to Nantucket County or the Nantucket Islands Land Bank.
SECTION 5. Notwithstanding chapter 70 of the General Laws or any other general or
special law to the contrary, the portion of the annual debt service paid by the town of Nantucket for bonds or notes issued under this act applicable to school department
personnel who are members of the Barnstable County retirement association shall be
included in the computation of net school spending for the purposes of said chapter 70 or any other law.
SECTION 6. This act shall take effect upon its passage.
ARTICLE 96
(Charter Change: Mailing of Town Meeting Warrant)
To see if the Town will vote to: To change the requirement of mailing of a copy of the warrant from 7 days to 14 days. By changing the following words with in the Town of
Nantucket Charter located at Ch A302 Pt 1 Town Charter, Art II: Legislative Functions, Section 2.5 Town Meeting Warrant that states the following:
(c) The Board of Selectmen shall publish the warrant with the recommendations of the Finance Committee by mailing a copy of such warrant to the address or postal box of
each registered voter at least seven days prior to the Town Meeting.
And change it to the following:
(c) The Board of Selectmen shall publish the warrant with the recommendations of the
Finance Committee by mailing a copy of such warrant to the address or postal box of each registered voter at least fourteen (14) days prior to the Town Meeting.
; or otherwise act thereon.
(Thomas Barada, et al) FINANCE COMMITTEE MOTION: Moved that Article II (Legislative Functions), Section
2.5 (Town Meeting Warrant) of the Charter of the Town of Nantucket be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is
shown by strikeout; these methods to denote changes are not meant to become part of
the final text and, further, that non-substantive changes to the numbering of this Charter amendment be permitted in order that it be in compliance with the numbering format of
the Code of the Town of Nantucket):
(c) The Board of Selectmen Select Board 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 fourteen days prior to the
Town Meeting.
Page 140 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 97 (Home Rule Petition: Allocate Portion of Land Bank Real Estate Transfer Fee to
Support Year-Round Housing) Preamble:
Nantucket has long been experiencing an acute crisis of affordable and workforce
housing that came further into focus during the pandemic. The shortage of stable,
suitable housing that is affordable to year-rounders at a variety of income levels carries significant public health consequences with wide-ranging ripple effects. While the
pandemic will end, the severe year-round housing shortage on Nantucket will not without further action.
Tremendous work has been done by conservation organizations over the past half century. As a result, over 50% of the Island is now in environmental conservation of one
form or another. Thirty-five years after the Land Bank was conceived, it is perhaps time to discuss allocating a minor portion of this steady revenue stream -- for a defined
temporary timeframe -- to preserving an equally important resource – our year-round community.
Town Meeting has on three occasions unanimously sent a Home Rule Petition to the State House seeking to establish a separate source of funding, also based on a real
estate transfer fee. Yet the legislature has been reluctant to affirm the will of Nantucket voters. Feedback from Boston has suggested that the simple change proposed by this
article may be viewed more favorably as it reallocates an existing fee versus adding a new one.
This article seeks to respond to the members of the community who have wondered if the revenue stream of the Land Bank could be shared in a manner that would allow the
Land Bank to continue with its land conservation mission while simultaneously allowing another critical community mission to be addressed: to provide safe and stable housing
for those who live and work on Nantucket year-round.
It should be noted this article is designed intentionally with a delayed implementation
date, in order that it will not result in any financial insecurity or risk for the Land Bank or the Town of Nantucket. Delaying implementation until January 1, 2022 will allow the
Land Bank to address the questions of how its outstanding debt and operating expenses
can be reconfigured so that an ongoing 1.5% revenue will be adequate to serve their needs and mission during the 20 years the reallocation of the 0.5% portion would be in
effect.
It is the intention of this article to ask the Land Bank to refrain from the incurring of any additional debt obligations until it can be determined that the existing and future debt
obligations can be supported by 75% of its current fee (1.5%).
A reliable, steady source of funding would allow the Nantucket Affordable Housing Trust
(NAHT) to be able to offer programs it has long envisioned: down-payment assistance for year-round home buyers, more housing options for our seniors, and the ability to
Page 141 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
incorporate greater buffers and green space in future housing development.
Article:
To see if the Town will vote to authorize the Select Board to petition the General Court for special legislation to modify the Land Bank Act of 1983 (Chapter 669 of the
Acts of 1983), as amended, to have 25% of the total Land Bank fee (1/4 of the 2%
transaction fee prescribed therein) be transferred directly to the Nantucket Affordable Housing Trust Fund for a period of twenty (20) years to begin on January 1, 2022 for the
purposes of the creation and preservation of affordable housing in the Town of Nantucket for the benefit of year-round low and moderate income households,
consistent with the Trust’s enabling legislation; provided that said special legislation shall include a requirement that the transfer of 25% of the Land Bank fee to the
Affordable Housing Trust Fund shall be reduced in any given year by the amount
necessary for the Land Bank to meet its then existing debt service obligations and other normal and customary operating expenses of the Land Bank as certified by the Land
Bank to the Select Board each on or before June 30; and provided further that the Land Bank shall not incur any additional debt service obligations or other normal and
customary operating expenses that cannot be supported by the remaining 75% of the
Land Bank fee as so certified each year; and further to direct the Select Board that during the pendency of this Home Rule Petition not to enter into a Memorandum of
Understanding as was contemplated in Article 30 of the 2020 Annual Town Meeting that would result in the incurring of a debt obligation of the Land Bank that would exceed its
available revenue at the adjusted 1.5% fee; Or to take any other action related thereto.
(Brooke Mohr, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The Finance Committee recommends Not to Adopt as we believe the trade-off should not be conservation vs. affordable housing. We
support the Select Board’s proactive funding approach in Articles 8, 10 and 24,
generating up to $15,400,000 for Affordable Housing initiatives in Fiscal Year 2022. There is also the possibility that the Housing Bank bill, sent several times to the State
Legislature, may be gaining supporters at the State level as 9 other communities have now signed on. If enacted, the Housing Bank Bill would create a recurring revenue
stream for the Affordable Housing Trust.
SELECT BOARD COMMENT: The Board supports the Finance Committee Motion and
strongly supports the funding proposals in the Motions to Articles 8, 10, 24.
ARTICLE 98 (Real Estate: Long-term Lease Authorization/Airport)
To see if the Town will vote to allow the Airport Commission, as provided by
Chapter 90, Section 51F of the General Laws of the Commonwealth of Massachusetts, to extend the period for leasing land from twenty (20) years as referenced in Chapter 90,
Section 51F to forty (40) years for parcels of land at the Nantucket Memorial Airport off Old South Road for hangar development or other airport purposes. Said land is
Page 142 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
described as Assessors Map 78, Parcel 1 and Assessors Map 69, Parcel 10.1 the approximate boundaries of which are described in plans on file in the Office of the Town
Clerk; or, to take any other action in relation thereto.
(Select Board for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the Airport Commission, as provided by
Chapter 90, Section 51F of the General Laws of the Commonwealth of Massachusetts,
is hereby authorized to extend the period for leasing land from twenty (20) years as referenced in Chapter 90, Section 51F to forty (40) years for parcels of land at the
Nantucket Memorial Airport off Old South Road for hangar development or other airport purposes. Said land is described as Assessors Map 78, Parcel 1 and Assessors Map
69, Parcel 10.1 the approximate boundaries of which are described in plans on file in the Office of the Town Clerk.
ARTICLE 99 (Real Estate Acquisition: 114 Orange Street)
Carried Over from 2020 Annual Town Meeting To see if the Town will vote to authorize the Select Board to acquire by purchase,
gift or eminent domain for public way, drainage, general municipal purposes, and/or the
purposes of conveyance, the fee title or lesser interests in all or any portions of the property known as 114 Orange Street, shown on Tax Assessor’s Map 55 as Parcel 403.
All as shown on a map entitled “2020 Annual Town Meeting Warrant Article 99
Acquisition of 114 Orange Street” dated January 2020 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board) FINANCE COMMITTEE MOTION: Moved that the Select Board is hereby authorized to
acquire by purchase, gift or eminent domain for public way, drainage, general municipal
purposes, and/or the purposes of conveyance, the fee title or lesser interests in all or any portions of the property known as 114 Orange Street, shown on Tax Assessor’s
Map 55 as Parcel 403.
All as shown on a map entitled “2020 Annual Town Meeting Warrant Article 101
Acquisition of 114 Orange Street” dated January 2020 and filed herewith at the Office of the Town Clerk.
ARTICLE 100
(Real Estate Conveyance: 114 Orange Street) Carried Over from 2020 Annual Town Meeting
To see if the Town will vote to authorize the Select Board to sell, convey or
otherwise dispose of the fee or lesser interests in all or any portion of 114 Orange Street shown on Assessor’s Map 55 as Parcel 403 to the Nantucket Islands Land Bank for all
purposes pursuant to their enabling legislation, to be on any terms and conditions the
Page 143 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Select Board deem appropriate, and may include the reservation of any easements and restrictions in regard to the property.
All as shown on a map entitled “2020 Annual Town Meeting Warrant Article 100
Conveyance of 114 Orange Street,” dated January 2020 and filed herewith at the office of the Town Clerk.
Or to take any other action related thereto.
(Select Board) FINANCE COMMITTEE MOTION: Moved that the Select Board is hereby authorized to
sell, convey or otherwise dispose of the fee or lesser interests in all or any portion of 114 Orange Street shown on Assessor’s Map 55 as Parcel 403 to the Nantucket Islands
Land Bank for all purposes pursuant to their enabling legislation, to be on any terms and
conditions the Select Board deem appropriate, and may include the reservation of any easements and restrictions in regard to the property.
All as shown on a map entitled “2020 Annual Town Meeting Warrant Article 102
Conveyance of 114 Orange Street,” dated January 2020 and filed herewith at the office
of the Town Clerk.
ARTICLE 101 (Real Estate Acquisition: 64 North Liberty Street)
Carried Over from 2020 Annual Town Meeting To see if the Town will vote to authorize the Select Board to acquire by purchase,
gift or eminent domain for public way, drainage, and/or general municipal purposes the
fee title or lesser interests in all or portions of the property known as 64 North Liberty Street shown on Tax Assessor’s Map 41 as Parcel 233.
All as shown on a map entitled “2020 Annual Town Meeting Warrant Article 101
Acquisition of 64 North Liberty Street” dated January 2020 and filed herewith at the
Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved that the Select Board is hereby authorized to acquire by purchase, gift or eminent domain for public way, drainage, and/or general
municipal purposes the fee title or lesser interests in all or portions of the property known as 64 North Liberty Street shown on Tax Assessor’s Map 41 as Parcel 233.
All as shown on a map entitled “2020 Annual Town Meeting Warrant Article 103
Acquisition of 64 North Liberty Street” dated January 2020 and filed herewith at the
Office of the Town Clerk.
Page 144 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 102 (Real Estate Acquisition: Morgan Square)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for general municipal services and for the purpose of
conveyance of the fee or lesser interests, together with any public or private rights of passage, in the portion of Morgan Square lying between the southwesterly corner of 4
Morgan Square (Map 87, Parcel 3.1) and the southeasterly corner of 21 Folger Avenue
(Map 80, Parcel 42), approximately 621+/- feet in length, or to take any other action related thereto.
(David Callahan, et al)
FINANCE COMMITTEE MOTION: Moved that the Select Board is hereby authorized to acquire by purchase, gift or eminent domain, for general municipal services and for the
purpose of conveyance of the fee or lesser interests, together with any public or private
rights of passage in the portion of Morgan Square lying between the southwesterly corner of 4 Morgan Square (Map 87, Parcel 3.1) and the southeasterly corner of 21
Folger Avenue (Map 80, Parcel 42), approximately 621+/- feet in length.
ARTICLE 103
(Real Estate Conveyance: Morgan Square) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise dispose of the fee or lesser interests of all or a portion of the subject land pursuant to M.G.L., c. 30B and guidelines established under the “Nantucket Yard Sales”
program on file at the Board of Selectmen’s office, any such disposition to be such terms and conditions as the Board of Select deems appropriate, which may include the
reservation of easements and restrictions, in the portion of Morgan Square lying
between the southwesterly corner of 4 Morgan Square (Map 87, Parcel 3.1) and the southeasterly corner of 21 Folger Avenue (Map 80, Parcel 42), approximately 621+/-
feet in length, or to take any other action related thereto.
(David Callahan, et al)
FINANCE COMMITTEE MOTION: Moved that the Select Board is hereby authorized to sell, convey or otherwise dispose of the fee or lesser interests of all or a portion of the
subject land pursuant to M.G.L., c. 30B and guidelines established under the “Nantucket Yard Sale” program on file at Select Board office, any such disposition to be such terms
and conditions as the Select Board deem appropriate, which may include the
reservation of easements and restrictions, in the portion of Morgan Square laying between the southwesterly corner of 4 Morgan Square (Map 87, Parcel 3.1) and the
southeasterly corner of 21 Folger Avenue (Map 80, Parcel 42), approximately 621+/- feet in length.
ARTICLE 104
(Real Estate Acquisition: Hancock Street)
To see if the Town will vote to authorize the Select Board to acquire by purchase, gift or eminent domain for public way, drainage, general municipal purposes, and/or the
purposes of conveyance, the fee title or lesser interests in all or any portions of the property shown as “Hancock Street” located between the northern sideline of Blueberry
Page 145 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Lane and the southern sideline of Quaril Avenue (aka Quail Avenue) as shown on the plan attached hereto. Hancock Street is originally shown in Plan 2-C/1, filed November
19, 1890. Or to take any other action related thereto.
(Beth Maier, et al) FINANCE COMMITTEE MOTION: Moved that the Select Board is hereby authorized to
acquire by purchase, gift or eminent domain for public way, drainage, general municipal
purposes, and/or the purposes of conveyance, the fee title or lesser interests in all or any portions of the property shown as “Hancock Street” located between the northern
sideline of Blueberry Lane and the southern sideline of Quaril Avenue (aka Quail Avenue) as shown on the plan attached hereto. Hancock Street is originally shown in
Plan 2-C/1, filed November 19, 1890.
ARTICLE 105
(Real Estate Conveyance: Hancock Street) To see if the Town will vote to authorize the Select Board to sell, convey or
otherwise dispose of the fee or lesser interests in all or any portion of property shown as “Hancock Street” located between the northern sideline of Blueberry Lane and the
southern sideline of Quaril Avenue (aka Quail Avenue) as shown on the plan attached
hereto. Hancock Street is originally shown in Plan 2-C/1, filed November 19, 1890. Or to take any other action related thereto, subject to Chapter 30B of the Massachusetts
General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Select Board’s Office, such disposition to be on such terms and conditions as
the Select Board may deem appropriate, which may include the reservation of easements and restrictions, or take any action related thereto.
(Beth Maier, et al) FINANCE COMMITTEE MOTION: Moved that the Select Board is hereby authorized to
sell, convey or otherwise dispose of the fee or lesser interests in all or any portion of property shown as “Hancock Street” located between the northern sideline of Blueberry
Lane and the southern sideline of Quaril Avenue (aka Quail Avenue) as shown on the
plan attached hereto. Hancock Street is originally shown in Plan 2-C/1, filed November 19, 1890; subject to Chapter 30B of the Massachusetts General Laws and guidelines
established under the “Nantucket Yard Sale” program on file at the Select Board’s Office, such disposition to be on such terms and conditions as the Select Board may
deem appropriate, which may include the reservation of easements and restrictions.
ARTICLE 106
(Real Estate Acquisition: “Way” off of Quail Lane) To see if the Town will vote to authorize the Select Board to acquire by purchase,
gift or eminent domain for public way, drainage, general municipal purposes, and/or the purposes of conveyance, the fee title or lesser interests in all or any portions of the
property shown as “Way” on Land Court Plan 26439-O, Sheet 4 of 4, which is the 100’ x
20’ remainder of the original “Way” shown on Land Court Plan 26439-I. The “Way” is located along the southeasterly property line of 5 Quail Lane (Tax Assessor’s Map 67,
Parcel 257) starting at the intersection of Quail Lane and running to its terminus at the
Page 146 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
property line of 3 Quail Lane (Tax Assessor’s Map 67, Parcel 418.1), as shown on the plan attached hereto. Or to take any other action related thereto.
(Brenda A. Garnett, et al)
FINANCE COMMITTEE MOTION: Moved that the Select Board is hereby authorized to acquire by purchase, gift or eminent domain for public way, drainage, general municipal
purposes, and/or the purposes of conveyance, the fee title or lesser interests in all or
any portions of the property shown as “Way” on Land Court Plan 26439-O, Sheet 4 of 4, which is the 100’ x 20’ remainder of the original “Way” shown on Land Court Plan
26439-I. The “Way” is located along the southeasterly property line of 5 Quail Lane (Tax Assessor’s Map 67, Parcel 257) starting at the intersection of Quail Lane and running to
its terminus at the property line of 3 Quail Lane (Tax Assessor’s Map 67, Parcel 418.1), as shown on the plan attached hereto.
ARTICLE 107 (Real Estate Conveyance: “Way” off of Quail Lane)
To see if the Town will vote to authorize the Select Board to sell, convey or otherwise dispose of the fee or lesser interests in all or any portion of property shown as
“Way” on Land Court Plan 26439-O, Sheet 4 of 4, which is the 100’ x 20’ remainder of
the original “Way” shown on Land Court Plan 26439-I. The “Way” is located along the southeasterly property line of 5 Quail Lane (Tax Assessor’s Map 67, Parcel 257) starting
at the intersection of Quail Lane and running to its terminus at the property line of 3 Quail Lane (Tax Assessor’s Map 67, Parcel 418.1), as shown on the plan attached
hereto. Or to take any other action related thereto. shown on the plan attached hereto, subject to Chapter 30B of the Massachusetts General Laws and guidelines established
under the “Nantucket Yard Sales” program on file at the Select Board’s Office, such
disposition to be on such terms and conditions as the Select Board may deem appropriate, which may include the reservation of easements and restrictions, or take
any action related thereto.
(Brenda A. Garnett, et al)
FINANCE COMMITTEE MOTION: Moved that the Select Board is hereby authorized to sell, convey or otherwise dispose of the fee or lesser interests in all or any portion of
property shown as “Way” on Land Court Plan 26439-O, Sheet 4 of 4, which is the 100’ x 20’ remainder of the original “Way” shown on Land Court Plan 26439-I. The “Way” is
located along the southeasterly property line of 5 Quail Lane (Tax Assessor’s Map 67,
Parcel 257) starting at the intersection of Quail Lane and running to its terminus at the property line of 3 Quail Lane (Tax Assessor’s Map 67, Parcel 418.1), as shown on the
plan attached hereto; subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sale” program on file at the Select
Board’s Office, such disposition to be on such terms and conditions as the Select Board may deem appropriate, which may include the reservation of easements and
restrictions.
Page 147 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 108 (Real Estate Acquisition: “Way” off Hawthorne Lane)
To see if the Town will vote to authorize the Select Board to acquire by purchase, gift or eminent domain for public way, drainage, general municipal purposes, and/or the
purposes of conveyance. The unnamed, variable width “Way” is located between the northern sideline of Hawthorne Lane and southern sideline of Vestal Street, as shown
on the plan attached hereto. Or to take any other action related thereto.
(Steven M. Roethke, et al)
FINANCE COMMITTEE MOTION: Moved that the Select Board is hereby authorized to acquire by purchase, gift or eminent domain for public way, drainage, general municipal
purposes, and/or the purposes of conveyance the unnamed, variable width “way” located between the northern sideline of Hawthorne Lane and southern sideline of
Vestal Street, as shown on a plan on file in the Office of the Town Clerk.
ARTICLE 109
(Real Estate Conveyance: “Way” off Hawthorne Lane) To see if the Town will vote to authorize the Select Board to sell, convey or
otherwise dispose of the fee or lesser interests in all or any portion of property shown as
the unnamed, variable width “Way”, which is located between the northern sideline of Hawthorne Lane and southern sideline of Vestal Street, as shown on the plan attached
hereto. Or to take any other action related thereto, subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard
Sales” program on file at the Select Board’s Office, such disposition to be on such terms and conditions as the Select Board may deem appropriate, which may include the
reservation of easements and restrictions, or take any action related thereto.
(Steven M. Roethke, et al)
FINANCE COMMITTEE MOTION: Moved that the Select Board is hereby authorized to sell, convey or otherwise dispose of the fee or lesser interests in all or any portion of
property shown as the unnamed, variable width “Way”, which is located between the
northern sideline of Hawthorne Lane and southern sideline of Vestal Street, as shown on the plan attached hereto, subject to Chapter 30B of the Massachusetts General Laws
and guidelines established under the “Nantucket Yard Sale” program on file at the Select Board’s Office, such disposition to be on such terms and conditions as the Select
Board may deem appropriate, which may include the reservation of easements and
restrictions.
ARTICLE 110 (Adopt Indigenous Peoples’ Day Locally in Place of Columbus Day)
To see if the Town will vote to: Adopt the following resolution locally to henceforth commemorate the second Monday of October as Indigenous Peoples’ Day.
We recognize that, prior to the arrival of European settlers, Nantucket Island was inhabited for thousands of years by the Wampanoag people. We also acknowledge that
the Wampanoag people were subjected to great suffering as result of the immigration of white settlers, including being exposed to disease (“Indian Sickness” was a novel virus
Page 148 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
for them), erosion of their cultural traditions, loss of land and forced conversion from their spiritual traditions to Christianity.
Save for a few articles in the Whaling Museum and a tiny plaque on the Surfside Bike
Path marking a Wampanoag burial site, Nantucket Island pays virtually no homage to this long history of land stewardship by our original native population. We are all
standing today, and building our homes and businesses, on the ancestral territory of the
Wampanoag. As such, we request that the town vote to change locally the name of the October holiday known as “Columbus Day” to “Indigenous Peoples’ Day” or otherwise
act thereon.
(Emily Osley, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
ARTICLE 111 (Appropriation: Stabilization Fund)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of
the Stabilization Fund in accordance with Chapter 40 section 5B of the Massachusetts
General Laws, from which appropriations may be made by a two-thirds vote of an Annual or Special Town Meeting for any purpose for which a municipality may borrow
money or for any other lawful purpose; said sum not to exceed ten percent (10%) of the Fiscal Year 2021 tax levy.
Or to take any other action related thereto.
(Select Board) FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
ARTICLE 112
(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 current and/or 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.
(Select Board) FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
Page 149 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions Planning Board Report
PLANNING BOARD REPORT
Chapter 40A, section 5 of the Massachusetts General Laws authorizes the Planning
Board (hereafter the Board) to issue an advisory report to Town Meeting. Although a motion for Articles 39 through 64 is printed in the Warrant, this report provides additional
information to help voters understand the basis for each motion. In an effort to provide
better information about the planning process, the Board has added a report and glossary to the Warrant since 2011. 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, they advance and
implement the goals, and they represent a balanced approach to guiding the community’s future physical development.
Prior to the 2020 ATM, the Board adopted an informational document intended to provide guidance for citizens to consider when proposing a request for a Zoning Map
change. The document included: criteria that would be applied by the Board during the public hearing process, questions that the Board would need answered during their
deliberations, and expectations about attendance of the article proponent at the public
hearings. We hope that this guidance provided more clarity about the process and how the Board reaches a recommendation.
Articles 39 through 46 (sponsored by the Board) and 49 through 61 (submitted by citizen
petition) are Zoning Map changes. Articles 47 through 49 (sponsored by the Board) and 62 through 64 (submitted by citizen petition) are Zoning Bylaw (hereafter Bylaw)
changes.
The proposed map changes that were recommended by the Board match the existing
character of the area with the designated zoning districts and advance Master Plan objectives. 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
Making a distinction between Town and Country3
Matching zoning districts with the character of the surrounding area4
Phasing out certain zoning districts5
Removing commercial zoning from exclusively residential areas6
Encouraging small neighborhood centers with mixed-use development7
Addressing issues in 5 of 18 identified Planning Areas8
1 Warrant Article 26 of the 2009 Annual Town Meeting 2 2009 Nantucket Master Plan, Figure 39, page 97 (Articles 40, 41, 43, 44, 45, 46, and 49)
3 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.1a, page 98 (Articles 46, 54, and 55)
4 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.3, page 98 (Articles 39 through 46, 49, 50, 52, 54, 55, 58, and 59) 5 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.1a and 2.1.1b, page 98 (Articles 39 through 46 and 49) 6 2009 Nantucket Master Plan, Goal 2.2 Policy 2.2.3 page 98 (Articles 39, 40, 43, and 44)
7 2009 Nantucket Master Plan, Goal 2.2 Policy 2.2.2, page 98 (Articles 41, 42, 43, 45, 49, 50, 52, and 58)
8 2009 Nantucket Master Plan, Figure 17, page 48 (Articles 39-45, 49, and 50)
Page 150 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions Planning Board Report
Board sponsored map change in Article 39 matches the zoning district to the current residential neighborhood development, Articles 40 through 45 implement the phase-out
of the RC and RC-2 zoning districts, and Article 46 implements the phase out of the R-20 zoning district in the Country Overlay District. These articles are directly related to
multiple Master Plan objectives. In addition, Article 49, a citizen petition, also implements the phase-out of the RC-2 zoning district and it includes other changes that
are consistent with the Master Plan. If approved, Articles 40 through 45 and 49 will
further reduce the RC and RC-2 districts by 25% and 22%, respectively.
Citizen petition Articles 50 and 52 add a total of three residential parcels to the CN district in areas with existing commercial uses on adjacent parcels. The parcels included
in Article 50 were previously in a commercial district. Articles 54 and 55 change the parcel designations from “country” to “town” following the extension of infrastructure to
those areas making them more consistent with the Town Overlay District. Article 58
changes residentially zoned parcels to commercial, a change that is consistent with the Master Plan. The zoning change from R-40 to LUG-1 in Article 59 is consistent with the
surrounding area and it matches the zoning district with the inclusion of the properties within the Town Overlay District.
Articles 51, 53, 56, 57, 60, and 61, also citizen petition map changes, did not receive support from the Board due to concerns about density and lack of consistency with the
surrounding area and the Master Plan objectives.
Bylaw amendments proposed by the Board in Articles 47 and 48 received positive recommendations. Article 47 contains technical amendments that primarily address
inconsistencies in the Bylaw created by prior change in local or state laws. Article 48
removes the allowance for residential swimming pools on lots less than 7,500 square feet and increases the required side and rear yards setbacks from five feet to ten feet for
residential swimming pools in the R-5, R-5L, R-1, and SR-1 districts. A detailed comment is provided following the motion. This is the only article supported by the
Planning Board which was not supported by the Finance Committee.
Bylaw amendments proposed by citizens in Articles 62 through 64 did not receive
support from the Planning Board and those articles contain additional comments after the motion.
The 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 PLUS staff at 508-
325-7587.
Page 151 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Zoning Article Glossary
ZONING ARTICLE GLOSSARY
The Planning Board has provided this glossary to serve as a summarized reference for
selected terms in Articles 39 through 64. The entire Zoning Bylaw (Chapter 139 of the Code of the Town of Nantucket) and maps (under Town Meetings and Elections) can be
further researched at www.nantucket-ma.gov.
The intensity regulations for zoning districts identified in the Zoning Map changes are
referenced below.
Yard Setback
District Defined
in § 139-3
Minimum Lot Size
(square feet)
Front
(feet)
Side/Rear
(feet)**
Frontage
(feet)*
Ground
Cover
Ratio
VN 10,000 10 10 50 30%
VR 20,000 20 10 100 10%
LUG-1 40,000 35 10 100 7%
LUG-2 80,000 35 15 150 4%
CMI 5,000 0 0 50 50%
RC 5,000 None 5 40 50%
RC-2 5,000 10 5 40 50%
CN 7,500 10 Side: 5
Rear: 10 50 40%
CTEC 10,000 10 Side: 5
Rear: 10 50 40%
SOH 5,000 None 5 50 50%
SR-1 5,000 10 5 50 30%
R-5 5,000 10
Side: 10
minimum on one
side; 5 thereafter
Rear: 5
50 40%
R-10 10,000 20 10 75 25%
R-20 20,000 30 10 75 12.5%
R-40 40,000 30 10 75 10%
Area Plan - the Nantucket Planning and Economic Development Commission
(NP&EDC) has developed a participatory process to foster and facilitate the implementation of the land use and other relevant sections of the 2009 Master Plan. The
areas are designated, mapped, and volunteer advisory members are appointed. The topics that each group evaluates are the nine elements of an MGL Chapter 41 section
81D master plan. A final plan is accepted by the NP&EDC. Final plans have been
Page 152 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Zoning Article Glossary
completed for Brant Point, Madaket, Mid Island, Naushop Crossing, Siasconset, Surfside and Tom Nevers. (Source: Goal 2.2, Policy 2.2.1, Nantucket Master Plan)
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)
Exclusionary Zoning – zoning that has the effect of keeping out of a community or neighborhood certain groups, or additional population. Techniques such as large-lot
zoning, which increase housing costs, have been challenged for their exclusionary effects. (Source: A Planner’s Dictionary (2004). Published by the American Planning
Association)
Ground Cover – the horizontal area of a lot covered at grade by structures, together with
those portions of any overhangs which contain enclosed interior space; excluding, for instance, tents, retaining walls, substantially below grade finished or unfinished space,
exterior insulation, decks, unenclosed porches, unenclosed roofed overhangs and
connectors, entryway hoods and projections, gazebos, pergolas, play structures, platforms and steps, docks, game playing courts at grade, exterior in-ground residential
swimming pools, exterior in-ground or above grade hot tub/spas, chimneys, bulkheads, bay and bow windows, window wells, unenclosed breezeways, air conditioning units,
generators and generator enclosures, mechanical and utility equipment unroofed walled enclosures, exterior showers, fuel tanks, roof eaves, trash bins, and detached sheds not
exceeding 200 square feet in ground cover and 16 feet in height, as measured from the
top of the slab, pier, or crawl space foundation. (Source: Chapter 139 of the Code of the Town of Nantucket, section 2)
Overlay District – establishes alternative zoning requirements to address area specific
needs, to promote specific development projects, or to meet specific community goals.
(Source: American Planning Association https://www.planning.org/divisions/planningandlaw/propertytopics.htm#Overlay)
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)
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)
Page 153 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Zoning Article Glossary
“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)
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)
Page 154 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Zoning Districts by Land Area
ZONING DISTRICTS BY LAND AREA
(Updated through March 2021)
In 2005, when the Planning Board first began the research necessary to draft the Master Plan, 8.65% of the island was in a high density (minimum lots size of 5,000 square feet
or less) zoning district and 81.75% was in a low density (minimum lot sizes of 40,000
square feet or more) zoning district. Today, 3.47% of the island is in a high density zoning district and 86.92% is in a low density zoning district. The amount of land within a
moderate density district has remained stable. The chart below demonstrates how the land area of the island contained within each zoning district has changed over time.
2005 2020
Zone Acres
Percentage
Acres
Percentage
of Total
Land Area
of Total
Land Area
AH 1.18 0 0 0
OIH 4.71 0.01 4.77 0.01
ALC 21.01 0.06 21.02 0.07
VN 0 0 20.64 0.07
VTEC 0 0 27.65 0.09
LC 37.93 0.11 0 0
CDT 23.48 0.07 37.67 0.13
SR-1 48.90 0.15 25.78 0.09
CTEC 0 0 60.83 0.20
SOH 34.83 0.11 50.24 0.17
SR-10 13.91 0.04 45.21 0.15
CMI 0 0 53.75 0.18
RC 330.39 1.00 30.15 0.10
R-5 0 0 161.36 0.53
CN 0 0 189.55 0.63
RC-2 1380.7 4.00 100.17 0.33
ROH 209.38 0.60 229.66 0.76
VR 0 0 288.12 0.96
SR-20 445.86 1.40 273.63 0.91
R-1 641.01 1.90 351.56 1.17
R-40 0 0 435.37 1.45
R-10/10L 346.22 1.05 423.84 1.41
CI 0 0 455.27 1.51
LUG-1 989.92 3.00 1011.57 3.36
R-20 2505.00 7.60 1113.89 3.70
Page 155 Town of Nantucket 2021 Annual Town Meeting Warrant with Finance Committee Motions
Zoning Districts by Land Area
MMD 618.59 1.90 1790.02 5.95
LUG-2 7481.80 22.60 2269.14 7.54
LUG-3 17986.00 54.30 20637.52 67.65
TOTAL 33121 99.9 30108.38 99.12
Prepared By: Leslie Woodson Snell, AICP, Deputy Director of Planning Nathan Porter, GIS Coordinator
Data Source: Town of Nantucket GIS Files