HomeMy WebLinkAbout2021ATMTownCounselCitizensPetitionReviewChart_202102081316096268**REVISED**
TOWN OF NANTUCKET
2021 Annual Town Meeting
Citizen Warrant Article Submissions
*Articles A - II are new petitions for 2021; Articles A 35 – A 114 were submitted for 2020 but not acted upon*
1
Article No. Lead Petitioner Article Description Comment
A David Schultz Zoning Map Change: R-5 to CN – 10 and
12 Youngs Way
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
B John F. McGrady, Jr. Transfer custody of parcel from Select
Board to School Committee – 10
Surfside Rd.
Approved as to form. By statute, this requires a
2/3 vote of Town Meeting and the Select Board
must vote that it no longer requires the parcel for
presently held purposes.
C Emily Molden Amend Zoning Bylaw, §139-2 – add
further limitations on docks, piers and
wharves in island perimeter areas.
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
D Ken Beaugrand Community Preservation Committee
FY2021 Budget Transfers
Approved as to form. This is one of two standard
Community Preservation Committee articles each
year.
E Ken Beaugrand Appropriation: Community
Preservation Committee FY 2021
Budget
Approved as to form. This is one of two standard
Community Preservation Committee articles each
year.
F Brian Ryder Zoning Map Change – LUG-1 to R-40: 18
Evergreen Way.
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
G Brian Ryder Town Sewer District Map Change: 18
Evergreen Way.
Approved as to form. If the Select Board does
not recommend the article, a positive motion will
**REVISED**
TOWN OF NANTUCKET
2021 Annual Town Meeting
Citizen Warrant Article Submissions
*Articles A - II are new petitions for 2021; Articles A 35 – A 114 were submitted for 2020 but not acted upon*
2
Article No. Lead Petitioner Article Description Comment
require a two-thirds vote at Town Meeting for
passage.
H Diane M. Ryder Zoning Map Change – LUG-1 to VR: 8
and 10 Chatham Road.
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
I Beth Maier Real Estate Acquisition – Hancock Street Approved as to form. This Article is the
acquisition portion under the Yard Sale program.
J Beth Maier Real Estate Conveyance – Hancock
Street
Approved as to form. This Article is the
conveyance portion under the Yard Sale program.
K Robert Von Kampen Zoning Map Change – V-R to R-20 and
Town Overlay District
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
L Brenda Garnett Real Estate Acquisition – “Way” off of
Quail Lane
Approved as to form. This Article is the
acquisition portion under the Yard Sale program.
M Brenda Garnett Real Estate Conveyance – “Way” off of
Quail Lane
Approved as to form. This Article is the
conveyance portion under the Yard Sale program.
N Richard Beaudette Siasconset Sewer District Map Change:
Isobels Way
Approved as to form. If the Select Board does
not recommend the article, a positive motion will
require a two-thirds vote at Town Meeting for
passage.
**REVISED**
TOWN OF NANTUCKET
2021 Annual Town Meeting
Citizen Warrant Article Submissions
*Articles A - II are new petitions for 2021; Articles A 35 – A 114 were submitted for 2020 but not acted upon*
3
Article No. Lead Petitioner Article Description Comment
O Thomas Hanlon Zoning Map Change – R-20 to C-TEC
and/or CN: Old South Road
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting. In
addition, please note that the motion on this
article must be to change the zoning district to
either CTEC or CN, not both.
P Thomas Barada Charter Amendment: Sec. 2.5(c), Town
Meeting Warrant
Approved as to form. This proposes an
amendment to Section 2.5(c) of the Town
Charter, and there are two alternatives to
achieve this. First, G.L. c.43B provides that a
charter may be amended by a 2/3 vote of Town
Meeting and approval of the voters on a
subsequent Annual Town Election ballot (this
would have to occur on the 2022 election ballot).
Alternatively, Town Meeting may authorize the
Select Board to request a special act from the
General Court. The motion on this article should
specify which method is being used.
Q Meghan Glowacki New General Bylaw: Safety of Drinking
Water
Approved as to form. If approved by Town
Meeting, the Attorney General’s Municipal Law
Unit will review the bylaw for consistency with
state and federal law and regulations. The
maximum contaminant level in the bylaw is lower
than that currently adopted by the
**REVISED**
TOWN OF NANTUCKET
2021 Annual Town Meeting
Citizen Warrant Article Submissions
*Articles A - II are new petitions for 2021; Articles A 35 – A 114 were submitted for 2020 but not acted upon*
4
Article No. Lead Petitioner Article Description Comment
Massachusetts Department of Environmental
Protection, but that would not necessarily lead to
disapproval of the bylaw.
R John Brescher Zoning Map Change – SR-10 to SR-1 or
SOH
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting. In
addition, please note that the motion on this
article must be to change the zoning district to
either SR-1 or SOH, not both.
S David Callahan Real Estate Acquisition – 4 Morgan
Square
Approved as to form. This Article is the
acquisition portion under the Yard Sale program.
It would be useful to voters to include a plan or
Assessors Map showing the location of the
subject parcel.
T David Callahan Real Estate Conveyance – 4 Morgan
Square
Approved as to form. This Article is the
conveyance portion under the Yard Sale program.
It would be useful to voters to include a plan or
Assessors Map showing the location of the
subject parcel.
U Tobias Glidden New General Bylaw: Licensing of Short-
Term Rentals
The proposed bylaw is in generally satisfactory
form, but certain amendments may be advisable.
A separate opinion letter from Town Counsel will
be provided.
**REVISED**
TOWN OF NANTUCKET
2021 Annual Town Meeting
Citizen Warrant Article Submissions
*Articles A - II are new petitions for 2021; Articles A 35 – A 114 were submitted for 2020 but not acted upon*
5
Article No. Lead Petitioner Article Description Comment
V Lori A. Geddes Town Sewer District Map Change: 1
Morgan Square
Approved as to form. If the Select Board does
not recommend the article, a positive motion will
require a two-thirds vote at Town Meeting for
passage.
W Kevin B. Kuester Amend General Bylaws §127-19 and
§127-20: Road Construction
Approved as to form.
X Jacques Zimicki Amend General Bylaws, §101-2: Noise Approved as to form.
Y Emily Osley Adopt Indigenous Peoples’ Day locally in
place of Columbus Day Holiday
This article proposes a non-binding directive to
change the name of the holiday falling on the
second Monday in October.
Z Brooke Mohr Home Rule Petition: Dedicate 25% of
Land Bank fees to Affordable Housing
Trust for 20 years
Approved as to form. This article proposes a
home rule petition for a special act to dedicate
25% of total Land Bank fees to the Nantucket
Affordable Housing Trust for a period of 20 years.
AA Diane Ryder Zoning Map Change: LUG-1 to R-20 – 8
and 10 Chatham Road
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
BB Arthur I. Reade, Jr. Seeks a vote for 2/3 of all local option
room excise taxes to be allocated to the
Affordable & Year-Round Housing
Stabilization Fund
Approved as to form; however, , because the
Town relies on a significant portion of the rooms
tax revenue to balance the Town’s operating
budget, approval of this article would likely cause
**REVISED**
TOWN OF NANTUCKET
2021 Annual Town Meeting
Citizen Warrant Article Submissions
*Articles A - II are new petitions for 2021; Articles A 35 – A 114 were submitted for 2020 but not acted upon*
6
Article No. Lead Petitioner Article Description Comment
the Town to end Town Meeting with a deficit that
would not allow for the setting of the Town’s tax
rate for FY 2022, unless other cuts were made in
the operating budget prior thereto.
CC John W. Bartlett Zoning Map Change: RC-2 to CN, LUG-2
to CN, RC-2 to LUG-2 – various portions
of 19, 23, 30, 33 and 39 Bartlett Farm
Road
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
DD Ken Beaugrand Amend Section 11-21 of General
Bylaws, Community Preservation
Committee
Approved as to form. This would remove
unnecessary language.
EE Tobias Glidden New General Bylaw: Licensing of Short-
Term Rentals
Approved as to form. This is a revised version of
the bylaw proposed in Article U on this chart.
The revised version addresses many of the
recommended changes we detailed in a separate
opinion dated December 9, 2020.
FF Steven Roethke Real Estate Acquisition – Parcel
between Hawthorne Lane and Vestal
Street
Approved as to form. This Article is the
acquisition portion under the Yard Sale program.
GG Steven Roethke Real Estate Conveyance – Parcel
between Hawthorne Lane and Vestal
Street
Approved as to form. This Article is the
conveyance portion under the Yard Sale program.
**REVISED**
TOWN OF NANTUCKET
2021 Annual Town Meeting
Citizen Warrant Article Submissions
*Articles A - II are new petitions for 2021; Articles A 35 – A 114 were submitted for 2020 but not acted upon*
7
Article No. Lead Petitioner Article Description Comment
HH Linda Williams Town Sewer District Change: Parcels on
Kimball Avenue and Heather Lane
Approved as to form. If the Select Board does
not recommend the article, a positive motion will
require a two-thirds vote at Town Meeting for
passage.
II Linda Williams Zoning Map Change: R-20 to R-5 – 2
Mayflower Circle and 32 Evergreen Way
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
KP Law, P.C. | Boston • Hyannis • Lenox • Northampton • Worcester
December 10, 2020 Brian W. Riley briley@k-plaw.com Ms. C. Elizabeth Gibson Town Manager Nantucket Town Hall 16 Broad Street
Nantucket, MA 02554
Re: Citizen Petition Warrant Article – Safety of Drinking Water Dear Ms. Gibson:
You have requested an opinion regarding the enclosed citizen petition warrant article, for which Ms. Meghan Glowacki is the primary sponsor. In our general comments, I noted that while the proposed general bylaw appears to be in proper legal form, there is a possibility that the Attorney General could find that the bylaw is inconsistent with state law or regulations. I will detail the
reasons for my caution, but also reiterate that I cannot be certain whether the Attorney General will
have such concerns and Town Meeting may vote on the proposed bylaw. This proposed bylaw concerns potential detectable levels of Per- and Polyfluoroalkyl Substances (known as “PFAS”) in the Town’s public water supply. These contaminants have been
the subject of increased concern and regulation at both state and national levels. The proposed
General Bylaw (“Bylaw”) would require various Town departments and facilities to conduct quarterly testing of the water supply. In the event that a test detects PFAS at a level of 15 parts per trillion or higher, a public alert is required and a “corrective action plan” must be presented to the Select Board within 90 days. The Massachusetts Department of Environmental Protection (DEP)
recently issued its own regulations regarding PFAS in public water supplies, located at 310 CMR
22.07G. These regulations, which will be phased in during 2021 based on the population served by the public water supply, also require quarterly testing by public water systems and corrective action if necessary, but DEP establishes a maximum contaminant level of 20 parts per trillion. The proposed bylaw would therefore be stricter than DEP’s regulations.
When the Attorney General’s Municipal Law Unit reviews a bylaw approved by vote of Town Meeting, it considers whether the bylaw would either conflict or be inconsistent with the Massachusetts Constitution or the General Laws, One aspect of such analysis is whether state law has “preempted” municipalities from adopting ordinances or bylaws on a particular subject – i.e.,
whether allowing local regulation on a subject would “frustrate the purpose” of state laws or
regulations on the same subject. In assessing the inconsistency of local enactments with the General Laws, ‘[t]he legislative intent to preclude local action must be clear.’” St. George Greek Orthodox Cathedral of Western Mass., Inc. v. Fire Department of Springfield, 462 Mass. 120, 125-126 (2012) (quoting Bloom v. Worcester, 363 Mass. 136, 154 (1973)). This intent can be either express or
inferred. Local legislative action “is precluded either where the Legislature has made an explicit
Ms. C. Elizabeth Gibson December 10, 2020 Page 2
indication of its intention in this respect, or the purpose of State legislation would be frustrated [by a
local enactment] so as to warrant an inference that the Legislature intended to preempt the field.” Id. at 126. The Municipal Law Unit will no doubt seek comment from DEP in reviewing this bylaw if
Town Meeting approves it, to see if DEP would consider such a bylaw to infringe on its statewide
regulation of PFAS. In the 1985 decision of Town of Wendell v. Attorney General, 394 Mass. 518, the Supreme Judicial Court considered a proposed bylaw (disapproved by the Attorney General) that would have adopted local requirements and prohibitions for the use of certain pesticides, an area already governed by G.L. c.132B, the Massachusetts Pesticide Control Act. The SJC ultimately
upheld the Attorney General’s disapproval, stating “we consider the by-law's attempt to provide
greater regulation of the use of pesticides than is called for by the act and conclude that in this regard the by-law impermissibly frustrates the identifiable statutory purpose of centralized regulation of pesticide use.” Id. at 523. The SJC’s analysis in Town of Wendell would likely be looked to by the Municipal Law Unit if called on to review the proposed bylaw regarding PFAS.
As stated above, I cannot predict whether the Attorney General would ultimately determine that the bylaw at issue is preempted by DEP’s new regulations regarding PFAS, but I wanted to bring attention to the issue. It would not be improper for Town Meeting to vote on this bylaw, but there is the potential that the Attorney General would disapprove it as inconsistent with state law.
BWR/cqm Enc. cc: Select Board Finance Committee
742158/NANT/9999
Very truly yours,
Brian W. Riley
KP Law, P.C. | Boston • Hyannis • Lenox • Northampton • Worcester
December 10, 2020 Brian W. Riley briley@k-plaw.com Ms. C. Elizabeth Gibson Town Manager Nantucket Town Hall 16 Broad Street
Nantucket, MA 02554
Re: Citizen Warrant Article Petition – Short-Term Rentals Dear Ms. Gibson:
You have asked me to review the Citizen Warrant Article Petition proposed by ACKNow,
Inc., and entitled: “General Bylaw on Licensing Short-Term Rentals” (the “Bylaw”). A copy of the Bylaw is attached hereto for your convenience.
General Overview
The Bylaw seeks to amend the Town Code by adding a new Chapter 142 entitled “Short-
Term Rentals.” The stated purpose of the Bylaw is, among other reasons, to “ensure proper
regulation of exclusively commercial uses of Homes in Nantucket’s residential areas.”
Specifically, the Bylaw establishes a licensing scheme for those individuals seeking to rent
residential dwelling units on a short-term basis. The Bylaw gives certain indulgences to Nantucket
residents seeking to rent their dwellings, and limits the ability of non-residents to do the same.
Principally, the Bylaw makes a distinction between Short-Term Rental and Resident Short-Term
Rental.
Requirements Limitations on Frequency and Use
“Short-Term Rental” is defined as: “Any rental of a residential dwelling unit, or of a
bedroom with 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.” See
Section 142-2.
Short-Term Rentals are limited, in the aggregate, to forty-five (45) consecutive or
nonconsecutive days per calendar year. See Section 142-3(a)(4). Additionally, “Short-Term Rental
Operators” may only offer rentals to one party at a time, and may not rent separate bedrooms or
spaces to separate parties. See Section 142-3(a)(5).
Ms. C. Elizabeth Gibson December 10, 2020 Page 2
Occupancy of Short-Term Rentals are further limited to 2 persons per bedroom, and only 1
parking space. See Sections 142-3(a)(6) and 142-3(a)(7).
“Resident Short Term Rental” is defined as: “The short-term rental of a dwelling unit, or of
individual bedrooms within a dwelling unit, that is a residence or, 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 – voter registration, driver’s license, school enrollment, or state and federal filing
address.
Resident Short Term Rentals may not exceed ninety (90) consecutive or nonconsecutive days
per calendar year. See Section 142-3(a)(3).
Below is a reference chart for the differences between Short-Term Rentals and Resident
Short-Term Rentals
Short-Term Rental Resident Short-Term Rental
Maximum # of Days Per Year (Consecutive or Nonconsecutive) 45 days 90 days
Minimum Rental Period 7 consecutive days N/A
Maximum # of Days Per
Rental Periods 30 days N/A
Maximum # of Renters Per Bedroom 2 N/A
Maximum # of Parking
Spaces 1 N/A
Registration, Permitting, Inspection and Fees:
Pursuant to Section 142-5(a), all Short-Term Rental Operators must apply for a Permit from
the Town’s Planning Office. If a Permit is granted, the Operator shall register with the Town and
secure a Certificate of Registration according to the Standards set forth by the Building Commissioner. See Section 142-5-(d).
Operators must also maintain an up-to-date log of all occupants, and must permit the Board
of Health to inspect the occupant log and the residential premises upon reasonable notice. See Sections 142-5(e)-(f).
Ms. C. Elizabeth Gibson December 10, 2020 Page 3
Permits are valid for one (1) year, and may be renewed at the Board of Health’s discretion.
See Section 142-5(g). Lastly, enforcement of the bylaw is pursuant to non-criminal disposition.
General Concerns:
Upon an initial review of proposed bylaw, I have identified the following provisions that
warrant further discuss or revision:
1.) Pursuant to Section 142-5(a), Operators must apply for a Permit with the Town’s Planning
Office. However, the Bylaw does not specify a specific Permit Granting Authority. This
would be important for enforcement of unpaid taxes or charges pursuant to Section 142-5(c),
discussed below.
2.) Section 142-5(b) relative to permit fees utilizes inconsistent terms: Operator-Occupied Short
Term Rentals v. Resident Short Term Rentals.
3.) Pursuant to Section 142-5(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 abatements, or stop work orders. For unpaid taxes or other
municipal charges, the provisions of Chapter 19, Sections 19-13 through 19-18 would apply
4.) Section 142-5(d) provides that the Building Commissioner shall not grant any Certificate of
Registration unless the Operator has provided the Town with a Certificate of Insurance
evidencing “appropriate liability insurance coverage” for the Short-Term Rental. The Bylaw
does not provide what an “appropriate” level of coverage is.
5.) Section 142-5(d) states that the Building Commissioner may set forth standards for the
issuance of a Certificate of Registration. However, Section 142-4 also states that the Board of
Health may promulgate regulations. There is a risk of inconsistent standards/requirements.
6.) Pursuant to Section 142-5(f): “Permit-holders are subject to inspection of the Short-Term
Rental by the Town upon reasonable notice, or without such notice in the event of imminent
concern or threat to public health or safety.” Notwithstanding this provision, any search by
the Town would require consent or an administrative warrant.
7.) Permits are granted by the Town’s Planning Office, but may be renewed at the Board of
Health’s discretion pursuant to Section 142-5(g). In my opinion, the bylaw is inconsistent as
to who is the permit granting authority.
Ms. C. Elizabeth Gibson December 10, 2020 Page 4
8.) Enforcement of the Bylaw, Section 142-6, is at least optionally via noncriminal disposition.
However, the Bylaw does not specify any fine amount. The Town’s noncriminal disposition
bylaw, under Sections 1-2 through 1-6 of the Code, is available to enforce bylaws and
regulations “the violation of which is subject to a specific penalty.” In order for noncriminal
disposition citations to be available, therefore, the Bylaw would need either a specific fine
[“$100 per violation”] or a fine schedule [“$50 for a first offense, $100 for a second or
subsequent offense,…”].
Please let me know if I can be of further assistance. Thank you for your attention to this
matter.
BWR/JGM/cqm cc: Select Board Finance Committee
742317/NANT/0275
Very truly yours,
Brian W. Riley
**REVISED**
TOWN OF NANTUCKET
2021 Annual Town Meeting
Citizen Warrant Article Submissions
*Articles A - II are new petitions for 2021; Articles A 35 – A 114 were submitted for 2020 but not acted upon*
8
A 35 Clifford Williams Appropriation: Incineration of Solid
Waste
Approved as to form. The Article seeks to
appropriate funds. Any motion will have to
identify a specific funding source and amount. A
positive vote is only an authorization to spend
and does not mandate that the Select Board
actually expend the funds. Town Meeting cannot
require that the Town contract with a specific
vendor.
A 36 Clifford Williams Appropriation: Legal Opinion for Beach
Access
Approved as to form. The Article seeks to
appropriate funds. Any motion will have to
identify a specific funding source and amount. A
positive vote is only an authorization to spend
and does not mandate that the Select Board
actually expend the funds.
A 37 Andrew G. Lowell Appropriation: Construction of a
hazardous waste collection building.
Approved as to form. The Article seeks to
appropriate funds. Any motion will have to
specify a funding source. A positive vote is only
an authorization to spend and does not mandate
that the Select Board actually expend the funds.
A 38 Maria Zodda Re-establish Parks & Rec Dept. The first part of the Article is a non-binding
directive to Town Administration to re-establish
the Parks and Recreation Department. The last
part of the Article seeks to appropriate money to
fund the position of Director.
A 54 Susan Ottison Zoning Map Change: R-10 to CN - 3
Cobble Ct
Approved as to form. This zoning article should
be referred to the Planning Board for a report and
recommendation prior to Town Meeting.
**REVISED**
TOWN OF NANTUCKET
2021 Annual Town Meeting
Citizen Warrant Article Submissions
*Articles A - II are new petitions for 2021; Articles A 35 – A 114 were submitted for 2020 but not acted upon*
9
A 55 Robert von Kampen Zoning Map Change: VR to VN - Polpis
Rd & Chatham Rd
Approved as to form. This zoning article should
be referred to the Planning Board for a report and
recommendation prior to Town Meeting.
A 56 Irean Schreiber Zoning Map Change: LUG-2 to R-20 - 25
Rugged Rd
Approved as to form. This zoning article should
be referred to the Planning Board for a report and
recommendation prior to Town Meeting.
A 57 James Driscoll Zoning Map Change: LUG-3 to LUG-1 -
Driscoll Way
Approved as to form. This zoning article should
be referred to the Planning Board for a report and
recommendation prior to Town Meeting.
A 58 Vallorie Oliver Zoning Bylaw Amendment:
Commercial Mid-Island – Height
Restriction
Approved as to form. This zoning article should
be referred to the Planning Board for a report and
recommendation prior to Town Meeting.
A 61 Rick Atherton Zoning Bylaw Amendment/Home Rule
Petition: Coastal Erosion Liability Waiver
Approved as to form. This zoning article should be
referred to the Planning Board for a report and
recommendation prior to Town Meeting.
A 63 Andrew G. Lowell Require the Town to enact legislation or
regulations to require that one out of 10
residential building permits be
designated affordable.
This Article proposes a non-binding directive to
the Town to either (1) develop a zoning bylaw
proposal or (2) a home rule petition to achieve
the intent of the article.
A 64 Andrew G. Lowell Require PLUS to create and enforce
regulations to hold land owners
accountable for repairing damage to
public property caused by permitting
activities.
Although the word “require” is used, this Article is
a non-binding directive to Town Administration to
enact regulations.
A 67 John F. McGrady. Jr. Prohibiting Roundabouts Near School The Article is a non- binding directive. Town
Meeting does not have the authority to subject a
traffic regulation to Town Meeting approval.
Town Meeting’s authority is limited to
appropriation of funds for the Project.
**REVISED**
TOWN OF NANTUCKET
2021 Annual Town Meeting
Citizen Warrant Article Submissions
*Articles A - II are new petitions for 2021; Articles A 35 – A 114 were submitted for 2020 but not acted upon*
10
A 68 Theresa Williams Directs Town officials to establish
standards for performance of duties by
Town officials and a complaint
procedure to address appropriate
redress of wrong doing or
maladministration. Establish a
Complaints Committee to Deal with
Complaints of Wrong Doing and
Maladministration Against Town
Officials.
This article is legally defective and has been
proposed in the past. The first section of this
petition (published standards) constitutes a non-
binding directive to Town Officials. The second
section of this petition requires the establishment
of a Complaints Committee that would be
empowered “to deal with complaints of
wrongdoing and maladministration.” Such a
Committee cannot be established merely by a
vote of Town Meeting, whose authority is limited
to establishing committees to study a particular
question. In order for a “Complaints Committee”
to effectively “deal with” complaints, such a
Committee would have to be established by
Charter or Bylaw. The election of a Committee at
the Annual Election would require a special act or
a charter amendment.
A 73 Bruce Mandel Bylaw Amendment: Plastics Ban This proposed bylaw expands the single use
plastics general bylaw enacted at the2019 Annual
Town Meeting, now codified as Chapter 124A of
the Town Code. It also incorporates Section 125-
3 of the Town Code (Biodegradable Packaging)
into the new bylaw. Finally, it directs the Board of
Public Works to rescind Section 71.00 of its
regulations that regulates biodegradable
packaging in order to be consistent with the new
bylaw, The single use plastics bylaw was approved
by the Attorney General despite opposition from
the beverage bottling industry. The new bylaw
**REVISED**
TOWN OF NANTUCKET
2021 Annual Town Meeting
Citizen Warrant Article Submissions
*Articles A - II are new petitions for 2021; Articles A 35 – A 114 were submitted for 2020 but not acted upon*
11
significantly expands the list of plastic products
that will be banned.
A 75 Ian Golding Bylaw Amendment: Bicycles - New
Article IV: Bicycle Accident Database
This proposed amendment to the General Bylaws
would require the establishment of a bicycle
accident database. Although the article
references use of $50,000 from the motor vehicle
excise tax, the article does not actually
appropriate any money for this purpose. If the
bylaw is approved, an appropriation at a future
Town Meeting would be necessary.
This article and the next two were proposed in in
a different form last year, in a single article. Town
Meeting referred the article to the Bicycle and
Pedestrian Advisory Committee for further study.
A 76 Ian Golding Bylaw Amendment: Bicycles - New
Article IV: Bicycle Right of Way
See above.
A 78 Linda Williams Bylaw Amendment: Outdoor Lighting The article proposes certain amendments to the
Town’s outdoor Lighting Bylaw. The language of
the petition, however, is vague and, as a result,
unenforceable. Any motion made under this
article would have to contain specific language
changes to the bylaw and, as such, would be
subject to further review prior to enactment.
A 79 Julia Lindner Noise Bylaw Amendment: Gas-powered
Leaf Blowers
Approved as to form. The article proposes a
general bylaw that would prohibit the commercial
use of gas-powered leaf blowers
A 83 Bryan Swain Sewer District Map Change: 18 Kimball
Ave
Approved as to form. If the Select Board does not
recommend the article, a positive motion will
**REVISED**
TOWN OF NANTUCKET
2021 Annual Town Meeting
Citizen Warrant Article Submissions
*Articles A - II are new petitions for 2021; Articles A 35 – A 114 were submitted for 2020 but not acted upon*
12
require a two-thirds vote at Town Meeting for
passage.
A 84 Bryan Swain Sewer District Map Change: 154R Cliff Rd Approved as to form. If the Select Board does not
recommend the article, a positive motion will
require a two-thirds vote at Town Meeting for
passage.
A 114 Ian Golding Bylaw Amendment: Bicycles - New
Article IV: Bicycle Passing Buffer Zone
See above, A 75 & A 76.
740562v.4/NANT/0275