HomeMy WebLinkAbout2022 Annual Town Meeting Citizen Warrant Article Submissions Town Counsel Comments (PDF)
TOWN OF NANTUCKET
2022 Annual Town Meeting
Citizen Warrant Article Submissions
Town Counsel Comments
December 1, 2021
1
Article No. Lead Petitioner Article Description Comment
A. Kelly Jackson Zoning Map Change R-20 to CTEC
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.
The motion must specify the zoning district
where these parcels will be placed.
B. John F. McGrady, Jr. Rescind vote under Article 77 of the
2018 Annual Town Meeting as to so
much of the Article that that pertains to
the taking of 10 Surfside Road and to
return land to the care, custody, and
control of the Nantucket School
Committee to be held for school
purposes.
This article is not in proper legal form. There are
two steps required to transfer the custody of
Town land. One is a declaration by the current
custodial board that the land is no longer needed
for the purposes for which it is held. The second
is a two-thirds transfer vote by Town Meeting.
Once both steps are accomplished, the land is
transferred by operation of law and the prior
votes cannot be rescinded. Once the School
Committee votes that this land is no longer
needed for the purpose for which it was held, the
land will be under the control of the Select Board.
In order to return the land to the custody of the
School Committee, the procedures set forth in
General Laws c. 40, §15A will have to be
followed, including a vote by the Select Board
that the land is no longer needed for the
purposes for which the land is held, and Town
TOWN OF NANTUCKET
2022 Annual Town Meeting
Citizen Warrant Article Submissions
Town Counsel Comments
December 1, 2021
2
Article No. Lead Petitioner Article Description Comment
Meeting must vote by two-thirds to transfer the
land back to the School Committee.
C. John F. McGrady, Jr.
To direct the Select Board to allow at
least 14 days between the Annual Town
Meeting and the subsequent election.
This is a non-binding directory to the Select
Board, which annually sets the date of the Annual
Town Meeting and the Annual Town Election.
D. Bruce Mandel
General Bylaw Amendment - Single-Use
Plastics - Alcoholic Beverages Container
This article is not in proper legal form because it
fails to adequately identify the proposed changes
to the current bylaw. Specifically, the reference
in §125A-2 to “Defined Products” is not sufficient
to identify the types of containers that will be
subject to the new prohibition. Subject to a
scope determination by the Town Moderator, the
defects can be cured in a positive motion by
actually identifying the containers specifically by
name.
E. Bruce Mandel
General Bylaw Amendment - Single-Use
Plastics - Tobacco Filters
This article is not in proper legal form because it
duplicates the additional language proposed in
Article D and suffers from the same defect.
Moreover, the addition of subsection G (plastic
tobacco filters) is not shown in highlighted text.
Subject to a scope determination by the Town
TOWN OF NANTUCKET
2022 Annual Town Meeting
Citizen Warrant Article Submissions
Town Counsel Comments
December 1, 2021
3
Article No. Lead Petitioner Article Description Comment
Moderator, the defects can be cured in a positive
motion.
F. Joseph Minella Home Rule Petition - Prohibiting Fertilizer
Approved as to form. A similar home rule
petition was approved at the 2012 Annual Town
Meeting under Article 77. The General Court did
not act on the previous petition.
G. David Buckley Sewer District Map Change - 15 Milestone
Crossing
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.
H. Jeffrey Booms Home Rule Petition – Amend the Historic
District Commission enabling legislation to
encourage the adoption of solar power and
renewable energy systems
Approved as to form.
I. Theresa Williams Home Rule Petition – Establish
ombudsman to mediate disputes before
the Town of Nantucket
This article is not approved as to form. There is
insufficient information contained in the article
to enable the preparation of a special act to be
submitted to the General Court.
TOWN OF NANTUCKET
2022 Annual Town Meeting
Citizen Warrant Article Submissions
Town Counsel Comments
December 1, 2021
4
Article No. Lead Petitioner Article Description Comment
J. Clifford J. Williams Appropriate $300,000 to purchase a
shredder for solid waste recycle and
MRF
Approved as to form.
K. Julie Bunting Zoning Map Change - R-20 to CTEC and/or
CN - Old South Rd Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
The motion must specify the zoning district
where this parcel will be placed.
L. Dorothy Stover Bylaw Amendment - Gender Equality on
Beaches Approved as to form.
M. Campbell Sutton General Bylaw Amendment - Town
Wharf and Waterways Prohibited Activities
– Extend until October 31st the requirement
that dinghies be removed from Town
Property
Chapter 250 contains regulations regarding
wharfs and waterways. This Chapter is not a
General Bylaw of the Town. Town Meeting has
no jurisdiction to make changes to regulations.
Such is within the exclusive purview of the Select
Board.
N. Hillary Rayport Home Rule Petition – Amend special act
regarding makeup of the Nantucket
Planning and Economic Development
Commission
Approved as to form. However, the petition
proposes the insertion of a new section 4B, but
there is no text for the new section. Town
Meeting cannot act to insert any new text by way
TOWN OF NANTUCKET
2022 Annual Town Meeting
Citizen Warrant Article Submissions
Town Counsel Comments
December 1, 2021
5
Article No. Lead Petitioner Article Description Comment
of a motion because the voters will not have
been adequately warned of the new text.
O. Anne Dewez Zoning Bylaw Amendment - Pools, Hot
Tubs, Spas – Definitions – Reduction in
square footage of surface area for hot tub/
spas.
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
P. Anne Dewez Zoning Bylaw Amendment – Table of Use
Chart – Prohibiting Hot Tubs, Spas in
Historic Districts
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
Q. Linda Williams Zoning Map Change - R-20 to R-10L -
Nobadeer Way Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
R. Linda Williams Zoning Bylaw Amendment - Definitions and
Word Usage – Apartments – Waiver of
density requirements by special permit
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
S. Linda Williams Zoning Bylaw Amendment - Swimming Pool
- Residential – Reduce minimum square
footage of lot from 7500 to 6000 sf.
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
TOWN OF NANTUCKET
2022 Annual Town Meeting
Citizen Warrant Article Submissions
Town Counsel Comments
December 1, 2021
6
Article No. Lead Petitioner Article Description Comment
T. Linda Williams Zoning Bylaw Amendment - Swimming Pool
– Residential – eliminate minimum lot size
in VR District.
Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
U. Linda Williams Zoning Bylaw Amendment – Allow Storage
Containers by Special Permit in CMI Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
V. Linda Williams Real Estate Acquisition – Yard Sale Program
- Proprietors Rd - Off Tripp Dr/South Shore
Rd
Approved as to form.
W. Linda Williams Real Estate Conveyance – Yard Sale
Program - Proprietors Rd - Off Tripp
Dr/South Shore Rd
Approved as to form.
X. Linda Williams Real Estate Acquisition – Yard Sale Program
- Two Ways – Nobadeer Way Approved as to form.
Y. Linda Williams Real Estate Conveyance – Yard Sale
Program - Two Ways - Nobadeer Way Approved as to form.
Z. Ken Beaugrand Appropriation - FY23 Community
Preservation Committee Approved as to form.
TOWN OF NANTUCKET
2022 Annual Town Meeting
Citizen Warrant Article Submissions
Town Counsel Comments
December 1, 2021
7
Article No. Lead Petitioner Article Description Comment
AA. Ken Beaugrand Appropriation - Community Preservation
Committee for Affordable Housing Trust Approved as to form. This article only
appropriates money for land acquisition and does
not authorize the Town to acquire any land.
Presumably, the Affordable Housing Trust will
actually acquire suitable parcels of land under its
independent authority pursuant to G.L. c. 44,
§55C.
BB. Ken Beaugrand FY 22 Community Preservation Committee
Budget Transfers Approved as to form.
CC. Clifford J. Williams Sewer District Map Change - 44 Skyline Dr 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.
DD. Clifford J. Williams Zoning Map Change - LUG-2 to R-5 or CN -
44 Skyline Dr Approved as to form. This zoning article should
be referred to the Planning Board for a report
and recommendation prior to Town Meeting.
The motion must specify the zoning district
where this parcel will be placed.
EE. Tobias Glidden Zoning Bylaw Amendment – Protective
Rights to Short-Term Rentals – Permits
short-term rentals as of right for a
This zoning article should be referred to the
Planning Board for a report and recommendation
prior to Town Meeting.
TOWN OF NANTUCKET
2022 Annual Town Meeting
Citizen Warrant Article Submissions
Town Counsel Comments
December 1, 2021
8
Article No. Lead Petitioner Article Description Comment
primary residence that is an accessory
use – Requires a special permit for the
short-term rental use in a dwelling that
is not a primary residences upon a
showing that the use is accessory –
Prohibits all other short-term rental
uses.
This proposed zoning bylaw raises several
concerns:
1. The bylaw will not apply to any short-term
rental uses that were lawfully in existence
before the first publication of the notice
of the Planning Board public hearing on
the proposed bylaw.
2. Town Counsel has been informed that the
Town has estimated that there are
approximately 1,800 short-term rentals
currently being operated by individuals
whose primary residence in not
Nantucket. All of these dwelling units
would be required to obtain a special
permit for the use (rather than a by right
use) unless they can qualify as a lawful
pre-existing nonconforming use. Aside
from the obvious administrative burden
that this bylaw would place on Town staff,
it is likely that the bylaw, if enacted in its
present form, may result in a significant
increase in court cases either challenging
the non-conforming status of particular
properties, or whether the dwelling meets
TOWN OF NANTUCKET
2022 Annual Town Meeting
Citizen Warrant Article Submissions
Town Counsel Comments
December 1, 2021
9
Article No. Lead Petitioner Article Description Comment
the accessory use requirements for a
special permit.
3. The bylaw treats primary residences and
non-resident properties differently. As
such, the bylaw may be subject to
disapproval by the Attorney General
unless the Town can demonstrate a
rational basis for the distinction.
788058/Nat/0275