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Home My WebLink About2021 Annual Town Meeting and Election Warrant (PDF)_202102181552233683 COMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKET WARRANT FOR 2021 ANNUAL TOWN MEETING Nantucket Public Schools BACKUS PLAYING FIELD Saturday, June 5, 2021 – 9:00 AM RAIN DATE: Sunday, June 6, 2021 – 9:00 AM AND ANNUAL TOWN ELECTION Nantucket High School Tuesday, June 15, 2021 7:00 AM – 8:00 PM Town of Nantucket 16 Broad Street Nantucket, MA 02554 (508) 228-7255 www.nantucket-ma.gov Page 1 Town of Nantucket 2021 Annual Town Meeting and Election Warrant To the Constables of the Town of Nantucket: GREETING: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Nantucket qualified to vote in Town affairs, to meet and assemble themselves at the Backus Playing Field at Nantucket Public Schools on Backus Lane in said Nantucket, on SATURDAY, JUNE 5, 2021 AT 9:00 AM, THEN AND THERE TO ACT ON THE ARTICLES CONTAINED WITHIN THE ENCLOSED WARRANT: 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) 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, Page 2 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) ARTICLE 3 (Appropriation: Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds previously appropriated pursuant to Articles voted in prior years; or to take any other action related thereto. (Select Board) 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) 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) 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) 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: Page 3 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 $19.00 $20.00 $20.00 $21.00 $21.00 $22.00 D-Hourly* $20.00 $21.00 $20.50 $21.50 $21.00 $22.00 $21.50 $22.50 Page 4 Town of Nantucket 2021 Annual Town Meeting and Election Warrant *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) 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 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) ARTICLE 9 (Appropriation: Health and Human Services) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the Council for Human Services to be used by the Council to contract with various health and human services, not-for-profit corporations to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket; further, that all such sums be expended on the condition that grant agreements be executed by and between the 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) Page 5 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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. (Select Board) 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) 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, 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) 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 Page 6 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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) 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) Page 7 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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) 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 Page 8 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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 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) 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) Page 9 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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) 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 Page 10 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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 Article 30 of the 2018 Annual Town Meeting; or to take any further action relative thereto. (Select Board) 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) 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) Page 11 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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 12 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 surcharge, interest and the State matching funds. Page 13 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) Page 14 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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) Page 15 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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) 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 Page 16 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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 Page 17 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) ARTICLE 41 Carried Over from 2020 Annual Town Meeting (Zoning Map Change: RC-2 to CTEC – Appleton Road, Bartlett Road and Perry Lane) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Commercial 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 Page 18 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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) Page 19 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) Page 20 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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. Page 21 Town of Nantucket 2021 Annual Town Meeting and Election Warrant Or to take any other action related thereto. (Select Board for Planning Board) 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 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 Page 22 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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 Page 23 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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: Page 24 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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) 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- Page 25 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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 Page 26 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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) 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. Page 27 Town of Nantucket 2021 Annual Town Meeting and Election Warrant Or to take any other action related thereto. (Susan C. Ottison, et al) 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) 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: 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 Page 28 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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. Or to take any other action related thereto. (Diane Ryder, et al) Page 29 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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 Page 30 Town of Nantucket 2021 Annual Town Meeting and Election Warrant (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. Or to take any other action related thereto. (Tom Hanlon, et al) 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) 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) Page 31 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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) 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 32 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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 Page 33 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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 Page 34 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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. Page 35 Town of Nantucket 2021 Annual Town Meeting and Election Warrant [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 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 Page 36 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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. 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) 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) Page 37 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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) 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 Page 38 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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. 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 Page 39 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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 Page 40 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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; 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. Page 41 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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 Page 42 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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. 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) 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 Page 43 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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 Page 44 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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): § 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 Page 45 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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. Page 46 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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. § 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) 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”); Page 47 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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: Page 48 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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. 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: Page 49 Town of Nantucket 2021 Annual Town Meeting and Election Warrant • “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 • 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 Page 50 Town of Nantucket 2021 Annual Town Meeting and Election Warrant cap and pouring ring and internal layers made from petroleum-based plastics such as polyethylene and aluminum. 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. Page 51 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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 52 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 53 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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. 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. Page 54 Town of Nantucket 2021 Annual Town Meeting and Election Warrant §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) 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 §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) 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 Page 55 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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: 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) Page 56 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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. 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. Page 57 Town of Nantucket 2021 Annual Town Meeting and Election Warrant Or to act in relation thereto. (Ken Beaugrand, et al) 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: Page 58 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 "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) ARTICLE 83 (Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), Section 41-3A (Town Sewer District) of the Code of the Town of Nantucket by taking the following actions: 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 68 701.2 4A Evergreen Way 68 702 6 Evergreen Way 68 703 8 Evergreen Way 68 703.1 8 - Evergreen Way Page 59 Town of Nantucket 2021 Annual Town Meeting and Election Warrant And to take any other action as may be related thereto. (Select Board/Sewer Commissioners) 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) 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) 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. ; or otherwise act thereon. (Bryan Swain, et al) 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 60 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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) Page 61 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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. 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. Page 62 Town of Nantucket 2021 Annual Town Meeting and Election Warrant § 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 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. Page 63 Town of Nantucket 2021 Annual Town Meeting and Election Warrant § 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- 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. Page 64 Town of Nantucket 2021 Annual Town Meeting and Election Warrant (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) 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 Page 65 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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. (Meghan P. Glowacki, et al) 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 Page 66 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 “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 67 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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. Or to take any other action related thereto. (Select Board) 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 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 Page 68 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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. (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. Page 69 Town of Nantucket 2021 Annual Town Meeting and Election Warrant (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) 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: 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 Page 70 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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: Page 71 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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 Page 72 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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. 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) Page 73 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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. Page 74 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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) Page 75 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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 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) 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) 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 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) Page 76 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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 Selectmen deem 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) 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 Page 77 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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. (Beth Maier, et al) 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) 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 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) 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 Page 78 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) ARTICLE 108 (Real Estate Acquisition: “Way” off Hawthorne Way) 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) 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) 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 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 Page 79 Town of Nantucket 2021 Annual Town Meeting and Election Warrant 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) 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) 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) Page 80 Town of Nantucket 2021 Annual Town Meeting and Election Warrant To act upon and transact any business relative to the foregoing subjects which may, then and there, come before said meeting. In addition, you are directed to notify and warn the inhabitants of the Town of Nantucket qualified to vote in Town affairs to go to the Nantucket High School at 10 Surfside Road in said Nantucket, on TUESDAY, THE FIFTEENTH DAY OF JUNE, 2021 BETWEEN THE HOURS OF 7:00 AM and 8:00 PM for the following purpose: To cast their votes in the Annual Town Election for the election of candidates for the following offices: Moderator One for a term of one year Select Board One for a term of three years School Committee Two for terms of three years Historic District Commission One for a term of three years Nantucket Housing Authority One for a term of five years Nantucket Islands Land Bank Commission One for a term of five years Harbor and Shellfish Advisory Board Two for terms of three years Community Preservation Committee Two for terms of three years Planning Board One for a term of five years Nantucket Board of Water Commissioners One for a term of two years Nantucket Board of Water Commissioners Two for terms of three years And, to cast their vote as “YES” or “NO” on the following ballot questions: 1. Operating Override Shall the Town of Nantucket be allowed to assess an additional $5,000,000 in real estate and personal property taxes for the purpose of supporting the operation of Our Island Home for the fiscal year beginning on July 1, 2021? 2. Debt Exclusion for Newtown Road Transportation Improvements Shall the Town of Nantucket be allowed to exempt from the provisions of Proposition Two and One-half, so-called, the amounts required to pay for the bond issued in order to make 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? 3. Debt Exclusion for Reconstruction of Lover’s Lane Shall the Town of Nantucket be allowed to exempt from the provisions of Proposition Two and One-half, so-called, the amounts required to pay for the bond issued in order to make various transportation-related improvements on Lover’s Lane, including the costs of professional services for design, permitting, engineering, construction, construction Page 81 Town of Nantucket 2021 Annual Town Meeting and Election Warrant supervision, materials, and other related professional services, and any other costs incidental and related thereto? 4. Debt Exclusion for Construction and Improvements to Children’s Beach Storm Water Pump Station Shall the Town of Nantucket be allowed to exempt from the provisions of Proposition Two and One-half, so-called, the amounts required to pay for the bond issued in order to make 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? 5. Debt Exclusion for Supplemental Funding for Construction of Nobadeer Field House Shall the Town of Nantucket be allowed to exempt from the provisions of Proposition Two and One-half, so-called, the amounts required 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? 6. Debt Exclusion for Affordable Housing Shall the Town of Nantucket be allowed to exempt from the provisions of Proposition Two and One-half, so-called, the amounts required to pay for the bonds issued in order 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? 7. Capital Outlay Exclusion Shall the Town of Nantucket be allowed to assess an additional $751,160 in real estate and personal property taxes for the following purposes in the amounts as follows for the fiscal year beginning July 1, 2021? Department Purpose Amount Fire Replacement of Self-contained Breathing Apparatus Equipment $101,160 Natural Resources Replacement vehicle $35,000 Planning & Land Use Replacement vehicle $35,000 Public Works Replacement of 6-Wheel Dump Truck $180,000 Public Works Replacement of F-350 Truck $60,000 Public Works Replacement of two (2) small pick-up trucks $90,000 Public Works Replacement of Street Sweeper $250,000 Total Capital Exclusion: $751,160 Page 82 Town of Nantucket 2021 Annual Town Meeting and Election Warrant ********************************************************************* Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of meeting and election aforesaid. Given under our hands this 17th day of February in the year Two Thousand Twenty-one. ____________________________________ Dawn E. Hill Holdgate, Chair ____________________________________ Jason M. Bridges, Vice Chair ____________________________________ Matthew G. Fee ____________________________________ Kristie Ferrantella ____________________________________ Melissa K. Murphy SELECT BOARD OF NANTUCKET, MA Pursuant to Chapter 39, section 10 of the General Laws of the Commonwealth and the Warrant of February 17, 2021 I have notified and warned the inhabitants of the Town of Nantucket qualified to vote in Town affairs to appear at the times and place and for the purposes within mentioned by posting said notification on __________________ at the Stop & Shop on Pleasant Street, the Town and County Building at 16 Broad Street; and upon the Bulletin Boards at the corner of Main and Federal Streets, and Siasconset Square. Sworn to under pains and penalties of perjury, ___________________________________________________ Constable