The following is a list of special acts and resolves of the
commonwealth pertaining to Nantucket:
|
Acts of
|
Chapter
|
Title
|
|---|---|---|
|
1912
|
378
|
Act to Establish the Minimum Salaries of the Judges and Registers
of Probate and Insolvency for the Counties of Dukes and Nantucket
|
|
1912
|
696
|
Act to Provide for the Further Improvement of Nantucket Harbor
|
|
1913
|
388
|
Act Relative to the Chief of the Fire Department of the Town
of Nantucket
|
|
1913
|
508
|
Act to Establish the District Court of Nantucket
|
|
1914
|
290
|
Act to Authorize the Town of Nantucket to Take Certain Land
or Flats for a Public Park
|
|
1914
|
585
|
Act to Regulate the Operation of Motor Vehicles in the Town
of Nantucket
|
|
1914
|
597
|
Act Relative to the Cultivation of Oysters
|
|
1915
|
245
|
Act to increase the Salary of the Clerk of Courts for the County
of Nantucket
|
|
1917
|
112
|
Act Relative to the Citizen's Gas, Electric and Power Company
of Nantucket
|
|
1918
|
243
|
Act to Prohibit and Provide for the Abatement of Certain Nuisances
on the Seashore in Certain Counties
|
|
1918
|
136
|
Act to Permit the Operation of Motor Vehicles in the Town of
Nantucket
|
|
1919
|
40
|
Act to Prohibit Until the Year Nineteen Hundred and Twenty-Two,
the Taking of Quail in the Counties of Essex, Dukes and Nantucket
|
|
1919
|
353
|
Act to Establish the Salaries of Judges, Registers and Assistant
Registers of Probate in Certain Counties
|
|
1919
|
357
|
Act to Establish the Salaries of Steno- graphers of the Superior
Court
|
|
1919
|
357
|
Act to Establish the Salaries of Steno- graphers of the Superior
Court
|
|
1920
|
273
|
Act to Permit the Use of Live Geese as Decoys for Hunting Waterfowl
in the County of Nantucket
|
|
1920
|
344
|
Act Relative to the Levy of Executions on Land
|
|
1920
|
425
|
Act Relative to Hares and Rabbits
|
|
1920
|
625
|
Act Relative to the Salaries of Registers of Deeds and Assistant
Recorders of the Land Court and Assistant Registers of Deeds
|
|
1921
|
152
|
Act Relative to the Closed Season on Hares and Rabbits
|
|
1921
|
300
|
Act Establishing the Salary of the Treas- urer of the County
of Nantucket
|
|
1921
|
364
|
Act Establishing the Salaries of Judges and Registers of Probate
in the Counties of Dukes and Nantucket
|
|
1922
|
89
|
Act Prohibiting, Until the Year Nineteen Hundred and Twenty-Five,
the Taking of Quail in the Counties of Dukes, Essex, Hampden, Middlesex
and Nantucket
|
|
1922
|
128
|
Act Relative to the Use of Rifles, Re- volvers or Pistols or
of Dogs, in Hunting During the Open Season on Deer
|
|
1923
|
326
|
Act Fixing the Salary of the Justice of the District Court of
Nantucket
|
|
1923
|
111
|
Act to Fix the Venue of Certain Actions Brought in District
Courts
|
|
1924
|
19
|
Act Relative to the Disposition of Per- sons Committed for Observation
as to Their Sanity
|
|
1924
|
96
|
Act Relative to the Date of Expiration of Lobster Licenses
|
|
1924
|
349
|
Act Establishing the Salaries of the Reg- isters of Deeds for
Dukes and Nantucket Counties and for the Southern District of Berkshire
County
|
|
1924
|
350
|
Act Establishing the Salaries of the Clerks of the Courts for
Dukes and Nantucket Counties
|
|
1924
|
372
|
Act to Establish the Salary of the Sheriff of Nantucket County
|
|
1925
|
103
|
Act Prohibiting, Until the Year Nineteen Hundred and Twenty-Eight,
the Taking of Quail in Certain Counties
|
|
1925
|
105
|
Act Repealing the Law Prohibiting the Use of Live Decoys for
Hunting Waterfowl in the County of Nantucket
|
|
1925
|
179
|
Act Extending the Closed Season on Hares and Rabbits Except
in Nantucket County
|
|
1925
|
307
|
Act to Authorize the Town of Nantucket to Supply the District
Called Siasconset with Water
[Repealed by Acts 2020, Ch. 281] |
|
1926
|
95
|
Act Authorizing the Town of Nantucket to Borrow Money for School
Purposes
|
|
1926
|
372
|
Act to Establish Congressional, Councillor and Senatorial Districts
and to Apportion Representatives to the Several Counties
|
|
1927
|
133
|
Act Establishing the Salaries of the Sheriffs of Dukes and Nantucket
Counties
|
|
1927
|
227
|
Act Providing for a Clerk of the District Court of Dukes County
and of Nantucket and Establishing the Salaries of the Justices and
Clerks of Said Counties
|
|
1928
|
177
|
Act Prohibiting, Until the Year Nineteen Hundred and Thirty,
the Taking of Quail in Certain Counties
|
|
1928
|
197
|
Act Confirming Certain Rights of the Wannacomet Water Company
in the Town of Nantucket
[Repealed by Acts of 2020, Ch. 281] |
|
1928
|
263
|
Act Relative to the Protection and Propagation of Lobsters
|
|
1929
|
312
|
Act to Prohibit or Regulate the Discharge of Sewage or Other
Polluting Matter into the Coastal Waters of Barnstable, Dukes and
Nantucket Counties
|
|
1929
|
386
|
Act in Addition to the General Appropriation Act Making Appropriations
to Supplement Certain Items Contained Therein, and for Certain New
Activities and Projects
|
|
1930
|
333
|
Act Ceding Jurisdiction to the United States of America Over
Certain Tracts of Land in Boston, Quincy, Scituate, Chatham and Town
of Nantucket
|
|
1930
|
393
|
Act Revising and Recodifying the Laws Relative to Game and Inland
Fish
|
|
1931
|
27
|
Act Relative to Hunting Hares and Rabbits in Nantucket County
|
|
1931
|
66
|
Act Prohibiting, During Certain Months of the Year, the Use
of Beam or Otter Trawls in Taking Fish From Certain Waters of Nantucket
Sound
|
|
1931
|
301
|
Act Making Certain Adjustments in the Provisions of the General
Laws Relative to County Offices and Positions, in Con- sequence of
the Enactment of Laws Providing for the Classification of Certain
of Such Offices and Positions, and Otherwise Perfecting Said Provisions,
and also Clarifying by the Elimination of Redundant Language and Otherwise
the Provisions of Said General Laws Relative to State Offices and
Positions Subject to Classification
|
|
1931
|
418
|
Act Establishing a Board of Registration of Barbers and Regulating
the Practice of the Occupation of Barbering
|
|
1931
|
460
|
Act in Addition to the General Appropriation Act Making Appropriations
to Supplement Certain Items Contained Therein, and For Certain New
Activities and Projects
|
|
1932
|
59
|
Act Changing the Time During Which the Use of Beam or Otter
Trawls in Taking Fish From Certain Waters of Nantucket Sound Shall
be Prohibited
|
|
1932
|
244
|
Act Providing for State Aid in the Extermination of Starfish
in the Waters of Buzzards Bay, Vineyard Sound and Nantucket Sound
|
|
1932
|
307
|
Act in Addition to the General Appropriation Act Making Appropriations
to Supplement Certain Items Contained Therein, and for Certain New
Activities and Projects
|
|
1933
|
172
|
Act Providing for Additional State Aid in the Extermination
of Starfish in the Waters of Buzzard's Bay, Vineyard Sound, Nantucket
Sound and in Certain Other Waters
|
|
1933
|
371
|
Act in Addition to the General Appropriation Act Making Appropriations
to Supplement Certain Items Contained Therein, and for Certain New
Activities and Projects
|
|
1934
|
81
|
Act Authorizing the Town of Nantucket to Appropriate Money to
Provide Facilities for Holding in Said Town During the Current Year
the State Convention of the United Spanish War Veterans
|
|
1935
|
5
|
Act Relative to the Open Season on Deer in Nantucket County
|
|
1936
|
158
|
Act Penalizing the Taking by Certain Persons of Fish by the
Otter Trawl Method From a Certain Area in Vineyard and Nantucket Sounds
|
|
1936
|
161
|
Act Making Uniform Throughout the Commonwealth the Laws Relative
to the Trial of Indictments for Capital Crimes by Repealing Certain
Special Provisions Relative to the Trial of Such Indictments Found
in Dukes or Nantucket County
|
|
1936
|
219
|
Act Authorizing the Town of Nantucket to Pension Ellen Cox
|
|
1936
|
250
|
Act Placing Under the Civil Service Laws the Office of the Fire
Department of the Town of Nantucket
|
|
1936
|
304
|
Act Making Appropriations for the Main- tenance of Departments,
Boards, Commissions, Institutions and Certain Activities of the Commonwealth,
for Interest, Sinking Fund and Serial Bond Requirements, and For Certain
Permanent Improvements (Section 662A)
|
|
1936
|
385
|
Act Repealing Certain Provisions of Law Relative to the Filing
of Petitions for Assessment of Land Damages in the Counties of Dukes
County and Nantucket
|
|
1937
|
49
|
Act for the Further Protection of the Fisheries in the Vicinity
of Nantucket
|
|
1937
|
65
|
Act Providing for the Taking or Other Acquisition by the Town
of Nantucket of Certain Land Therein for the Improvement of the Fisheries
of Said Town
|
|
1937
|
139
|
Act Relative to Appropriations by the Town of Nantucket for
Municipal Advertising Purposes and for Public Amusements
|
|
1937
|
156
|
Act Penalizing the Deposit Without Right of Certain Articles
and Materials in Ponds in Town of Nantucket
|
|
1937
|
242
|
Act Authorizing the Town of Nantucket to Pay an Annuity to Widow
of Samuel T. Burgess
|
|
1937
|
167
|
Act Relative to the Hunting of Quail in Nantucket County
|
|
1937
|
172
|
Act Relative to the Hunting or Possession of Rabbits in Nantucket
County
|
|
1937
|
316
|
Act Extending the Closed Season on Hares and Rabbits in Certain
Counties and Further Regulating the Hunting or Possession of Rabbits
in Nantucket County
|
|
1937
|
445
|
Act Further in Addition to the General Appropriation Act Making
Appropriations to Supplement Certain Items Contained Therein, and
for Certain New Activities and Projects (Section 36t)
|
|
1937
|
69
|
Resolve Providing for an Investigation and Study by the Department
of Public Works Relative to Certain Harbor Improvements in the Commonwealth
|
|
1938
|
90
|
Act Authorizing the Town of Nantucket to Appropriate Money to
Provide Facilities for Holding in Said Town a Convention of the Catholic
Order of Foresters
|
|
1938
|
206
|
Act Relative to the Time During Which the use of Beam or Otter
Trawls in Taking Fish From Certain Waters in Nantucket Sound Shall
be Prohibited
|
|
1939
|
102
|
Act Further Authorizing Appropriations for Municipal Advertising
Purposes
|
|
1939
|
206
|
Act Authorizing the Abatement of Certain Conditions Connected
with Kennels Constituting a Public Nuisance
|
|
1939
|
467
|
Act Apportioning Representatives to the Several Counties of
the Commonwealth and Establishing Boards of Special Commissioners
to Divide Such Counties as Are Entitled to More Than One Representative
Into Representative Districts and to Assign Representatives Thereto
|
|
1941
|
26
|
Act Repealing Certain Provisions of Law Relative to the Appointment
of a Special Officer by the Town of Nantucket to Enforce the Provisions
of Law Relating to the Protection of Birds on the Island of Muskeget,
Their Eggs and Young
|
|
1941
|
47
|
Act Defining and Authorizing the Use of a System of Plane Coordinates
For Designating and Stating Positions of Points on the Surface of
the Earth Within the Commonwealth
|
|
1941
|
417
|
Act Providing for the Extension of the Temporary Cigarette Tax
|
|
1943
|
159
|
Act Providing for Payment by the Counties of Dukes and Nantucket
of Traveling Expenses of the Sheriffs Thereof Incurred in the Transportation
of Prisoners
|
|
1943
|
216
|
Act Relative to the Stocking and Restocking of Certain Inland
Waters in Dukes and Nantucket Counties With Fish
|
|
1945
|
63
|
Act Further Regulating the Maintenance Allowance for Sheriffs
Acting as Masters or Keepers of Jails or Houses of Correction, and
the Disposition of the Fees Received by the Sheriffs of Dukes and
Nantucket Counties
|
|
1946
|
29
|
Resolve Relative to Certain Harbor and Waterway Improvements
|
|
1947
|
32
|
Act Relative to Appropriations by the Town of Nantucket for
Municipal Advertising Purposes and for Public Amusements
|
|
1947
|
60
|
Resolve Providing for an Investigation by a Special Commission
Relative to the Operation of Steamships and Other Means of Water Transportation
Between New Bedford, Woods Hole, Martha's Vineyard and Nantucket
|
|
1947
|
182
|
Act Apportioning Representatives to the Several Counties of
the Commonwealth and Establishing Boards of Special Commissioners
to Divide Such Counties as are Entitled to More Than One Representative
Into Representative Districts and to Assign Representatives Thereto
|
|
1947
|
392
|
Act Providing for the Removal From Civil Service of the Office
of Chief, and the Positions of Regular Members, of the Fire Department
of the Town of Nantucket
|
|
1947
|
685
|
Act in Addition to the General Appropriation Act Making Appropriations
to Supplement Certain Items Contained Therein, and for Certain New
Activities and Projects (Section 0211)
|
|
1948
|
405
|
Act Establishing a Tree Commission for the Town of Nantucket,
and Defining its Power and Duties, and Abolishing the Office of Tree
Warden
|
|
1948
|
544
|
Act Providing for the Acquisition, Maintenance and Operation
of the Steamship Line Operating Between New Bedford, Falmouth and
the Islands of Nantucket and Martha's Vineyard, Providing for the
Creation of the New Bedford, Woods Hole, Martha's Vineyard and Nantucket
Steamship Authority and Defining its Powers and Duties and Providing
for the Financing of Said Project (Sections 1-18)
|
|
1948
|
669
|
Act in Addition to the General Appropriation Act Making Appropriations
to Supplement Certain Items Contained Therein, and for Certain New
Activities and Projects (Sections 0224 and 2840-02)
|
|
1948
|
5
|
Resolve Reviving and Continuing the Special Commission Established
to Make an Investigation Relative to the Operation of Steamships and
Other Means of Water Transportation Between New Bedford, Woods Hole,
Martha's Vineyard and Nantucket
|
|
1948
|
11
|
Resolve Providing for an Investigation and Study by a Special
Commission Relative to the Continuation of the Transportation Service
in the Areas Served by the Old Colony Division of the New York, New
Haven and Hartford Railroad Company, and in Martha's Vineyard and
Nantucket
|
|
1948
|
34
|
Resolve Reviving and Continuing the Special Commission Established
to Make an Investigation and Study Relative to the Continuation of
the Transportation Service in the Areas Served by the Old Colony Division
of the New York, New Haven and Hartford Railroad Company, and in Martha's
Vineyard and Nantucket
|
|
1948
|
54
|
Resolve Increasing the Scope of the Investigation to be Made
by the Special Commission Established to Make an Investigation Relative
to Transportation Facilities in the Area Now Served by the Old Colony
Division of the New York, New Haven and Hartford Railroad Company
and to Consider the Public Operation of Transportation in Said Area
|
|
1949
|
142
|
Act Providing for the Acquisition, Maintenance, and Operation
of the Steamship Line Operating Between New Bedford, Falmouth and
the Islands of Nantucket and Martha's Vineyard, and Providing for
the Financing Thereof
|
|
1949
|
373
|
Act Authorizing the Town of Nantucket to Pay an Annuity to Harriet
C. Williams, a Former School Teacher in Said Town
|
|
1950
|
62
|
Act Relative to Appropriations by the Town of Nantucket for
Municipal Advertising Purposes and for Public Amusements
|
|
1951
|
1
|
Act to Ascertain the Will of the Voters of the Town of Nantucket
With Reference to the Question of the Adoption of Zoning Bylaws by
Said Town
|
|
1951
|
2
|
Act Authorizing the Election of Selectmen for Three-Year Terms
in the Town of Nantucket
|
|
1951
|
760
|
Act Relative to Retirement or Resignation of Certain Judges
of Probate and Insolvency Who Have Served Outside Their Own Counties
|
|
1951
|
781
|
An Act Relative to Increasing the Amounts of Pension and Retirement
Allowance Payable to Certain Former Employees
|
|
1952
|
22
|
Act Authorizing the Town of Nantucket to Borrow Money for School
Purposes
|
|
1952
|
295
|
Act Relative to Appropriations by the Town of Nantucket for
Municipal Advertising Purposes and for Public Amusements
|
|
1954
|
333
|
Act Authorizing the County Commissioners of the County of Nantucket
to Lay Out and Maintain a Reservation at South Beach on the Island
of Nantucket
|
|
1954
|
335
|
Act Authorizing the County Commissioners of the County of Nantucket
to Lay Out and Maintain a Reservation at Smith's Point on the Island
of Nantucket
|
|
1954
|
372
|
Act Providing for the Regulation of Weights of Vehicles on Nantucket
Island
|
|
1955
|
319
|
Act Providing for the Removal of the Fire Hazard and the Replanting
of Trees in the State Forest in Nantucket County
|
|
1955
|
601
|
Act Establishing an Historic Districts Commission for the Town
of Nantucket and Defining its Powers and Duties, and Establishing
Historic Districts in the Town of Nantucket (Repealed by Acts of 1970,
Ch. 395)
|
|
1956
|
330
|
Act Authorizing the Town of Nantucket to Convey Certain Land
to the New Bedford, Woods Hole, Martha's Vineyard and Nantucket Steamship
Authority or to Grant an Easement Therein
|
|
1956
|
469
|
Act Authorizing the Town of Nantucket to Retire and Pay Pension
to Wilson Cash
|
|
1956
|
684
|
Act Relative to the Salaries of District Attorneys
|
|
1956
|
686
|
Act Increasing the Salaries of Assistant District Attorneys
|
|
1956
|
747
|
Act Relative to Assessments Upon Cities and Towns Served by
the New Bedford, Woods Hole, Martha's Vineyard and Nantucket Steamship
Authority in the Event of a Deficit in the Cost of Service of Said
Authority, and Providing for Continuous Service Throughout the Year
|
|
1957
|
173
|
Act Authorizing and Approving the Employment of Marjorie Andrews
by the Board of Public Welfare of the Town of Nantucket
|
|
1957
|
412
|
Act Validating the Action of the Annual Town Meeting of the
Town of Nantucket in Appropriating a Sum of Money for the Purchase
of Sheep Commons and Shares in Plains and Smooth Hummocks
|
|
1957
|
645
|
Act Authorizing and Directing the Department of Public Works
to Construct Bicycle Paths Adjoining the State Highway in the County
of Nantucket
|
|
1958
|
137
|
Act Authorizing the Town of Nantucket to Appoint a Special Committee
to Arrange for a Celebration Commemorating the Three Hundredth Anniversary
of the Settlement of the Town of Nantucket
|
|
1959
|
275
|
Act Authorizing the Town of Nantucket to Borrow Money for Reconstructing
and Making Extraordinary Repairs to its Sewer Force Main
|
|
1959
|
500
|
Act Providing for a Fourth Assistant District Attorney for the
Southern District
|
|
1960
|
701
|
Act Creating the Woods Hole, Martha's Vineyard and Nantucket
Steamship Authority, Defining Its Powers and Duties, Abolishing the
New Bedford, Woods Hole, Martha's Vineyard and Nantucket Steamship
Authority and Transferring Its Assets and Liabilities to Said Newly
Created Authority
|
|
1961
|
3
|
Act Increasing the Amount the Town of Nantucket May Appropriate
for Municipal Advertising Purposes and for Public Amusements
|
|
1961
|
79
|
Act Providing that Certain Applicants who Do Not Meet Certain
Minimum Height Requirements Shall be Eligible for Appointment as Police
Officers in the Town of Nantucket
|
|
1961
|
144
|
Act Further Defining the Powers and Duties of the Historic Districts
Commission of the Town of Nantucket
|
|
1961
|
159
|
Act Authorizing the Town of Nantucket to Establish in the Town
Treasury a Park and Recreation Commission Revolving Fund
|
|
1962
|
15
|
Act Authorizing the Town of Nantucket to Borrow Money for Park
and Recreational Purposes
|
|
1962
|
55
|
Act Increasing the Amount the Town of Nantucket may Appropriate
for Municipal Advertising Purposes and for Public Amusements
|
|
1963
|
55
|
Act Relative to the Election of Constables at the Annual Town
Elections of the Town of Nantucket in the Year Nineteen Hundred and
Sixty-Two
|
|
1963
|
436
|
Act Authorizing the Town of Nantucket to Supply Itself and Its
Inhabitants with Water
[Repealed by Acts of 2020, Ch. 281] |
|
1963
|
494
|
Act Relating to the Appointment and Terms of Certain Members
of the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority
|
|
1964
|
141
|
Act Transferring the Powers and Duties of the Superintendent
of Insect Pest Control of the Town of Nantucket to the Tree Commission
of Said Town
|
|
1964
|
313
|
Act Relative to the Membership and the Method of Filling Vacancies
on the Finance Advisory Board of the Woods Hole, Martha's Vineyard
and Nantucket Steamship Authority
|
|
1964
|
359
|
Act Authorizing the Town of Nantucket to Construct a Combination
Town Office Building and Court House
|
|
1964
|
553
|
Act Directing the Department of Public Works to Extend the Bicycle
Path from the Town of Nantucket to the Village of Siasconset
|
|
1965
|
60
|
Act Increasing the Amount the Town of Nantucket may Appropriate
for Municipal Advertising Purposes and for Public Amusements
|
|
1965
|
123
|
Resolve Increasing the Scope of the Special Commission Established
to Make an Investigation and Study Relative to the Operation of Certain
Vessels Between the Mainland and the Island of Martha's Vineyard or
the Island of Nantucket
|
|
1965
|
169
|
Act Authorizing the Town of Nantucket to Establish a Board of
Public Works Exercising the Powers of Certain Other Boards, Commissions,
Departments and Town Officers
|
|
1965
|
360
|
Act Authorizing the Selectmen of the Town of Nantucket to Prohibit
the use of Motorcycles on Certain Ways in the Old and Historic Nantucket
District During Certain Hours
|
|
1966
|
267
|
Act Increasing the Salaries of Certain County Employees
|
|
1966
|
566
|
Act Exempting Taxicabs Licensed in the Counties of Dukes and
Nantucket From the Law Requiring Certain Markings on Taxicabs
|
|
1966
|
699
|
Act Relative to the Compensation of the Justices of the Several
Courts of the Commonwealth and of Certain Registers of Probate
|
|
1966
|
719
|
Act Providing That Certain Licenses for the Purpose of Placing
and Maintaining Fill and Other Structures Over Certain Tidewaters
in Nantucket Harbor be Irrevocable
|
|
1967
|
644
|
Act Relative to the Compensation of the Judges of Probate and
Insolvency of Dukes and Nantucket Counties While Performing Certain
Services in Other Counties
|
|
1968
|
604
|
Act Authorizing the Town of Nantucket to Appropriate Money for
the Purpose of Contributing to a Memorial at Otis Air Force Base
|
|
1970
|
395
|
Act Establishing an Historic District Commission for the Town
of Nantucket and Establishing Nantucket Island as the Historic District
|
|
1970
|
492
|
Act Providing for the Appointment of an Additional Associate
Medical Examiner for Nantucket County
|
|
1971
|
435
|
Act Providing for the Appointment of a Second Assistant Register
of Probate for the County of Barnstable and Increasing the Salaries
of the Registers of Probate in the Counties of Dukes County and Nantucket
|
|
1971
|
680
|
Act Providing That the Judge of Probate for Nantucket County
Shall Devote His Full Time to Judicial Duties and Estab- lishing His
Salary
|
|
1971
|
746
|
Act Directing the Department of Public Works to Construct a
Bicycle Path Along Surfside Road in the Town of Nantucket
|
|
1972
|
45
|
Act Authorizing the Town of Nantucket to Acquire and Develop
Land for a Sanitary Landfill Area
|
|
1972
|
426
|
Act Providing That Members of the Police Department of the Town
of Nantucket be Exempted from Civil Service Law and Rules and Further
Regulating the Appointment of Members of the Police Department of
the Town of Nantucket
|
|
1972
|
562
|
Act Relative to the Membership of the Board of Selectmen of
the Town of Nantucket and Validating Certain Procedures Taken at the
Annual Election of Said Town
|
|
1972
|
708
|
Act Further Regulating the Historic District Commission for
the Town of Nantucket
|
|
1972
|
744
|
Act Relative to Establishing Bristol County and the Counties
of Barnstable, Nantucket and Dukes Counties as Separate Districts
for the Administration of Criminal Justice
|
|
1973
|
561
|
Act Establishing the Nantucket Planning and Economic Development
Commission
|
|
1974
|
392
|
Act Authorizing the Woods Hole, Martha's Vineyard and Nantucket
Steamship Authority to Provide Ferry Service Between the Town of Barnstable
and the Islands of Nantucket and Martha's Vineyard Throughout the
Year
|
|
1974
|
447
|
Act Providing for the Eligibility of Certain Additional School
Construction Grants and Other Benefits for the Nantucket School District
|
|
1974
|
518
|
Act Providing that the Members of the Police Department of the
Town of Nantucket be Exempted from the Civil Service Law and Rules
and Further Regulating the Appointment of Members of the Police Department
of the Town of Nantucket
|
|
1974
|
597
|
Act Providing for the Appointment of a Deputy Assistant Register
and Clerk for the Probate Courts for the Counties of Dukes County
and Nantucket
|
|
1975
|
434
|
Act Validating and Confirming the Laying Out, Alteration, Relocation,
Discontinuance or Acceptance of Public Ways in the Town of Nantucket
|
|
1975
|
440
|
Act Authorizing the Town of Nantucket to Borrow Money for a
Bioconversion Disposal System
|
|
1976
|
465
|
Act Establishing a Harbor and Shellfish Advisory Board in the
Town of Nantucket
|
|
1977
|
254
|
Act Relative to Salary and Fees to be Retained by the Sheriff
of Nantucket County
|
|
1977
|
976
|
Act Providing That Certain Employees of the Town of Nantucket
Shall be Classified in Group 4 of the Barnstable County Retirement
System
|
|
1979
|
77
|
Act Exempting Summer Police Officers in Certain Counties from
the Provisions of the Civil Service Law
|
|
1979
|
264
|
Act Providing That the Personnel in Nantucket County be Included
in the Town of Nantucket's Classification and Personnel Bylaw
|
|
1979
|
270
|
Act Providing for the Filling of Vacancies of the Harbor and
Shellfish Advisory Board of the Town of Nantucket
|
|
1979
|
301
|
Act Authorizing the Town of Nantucket to Establish a Special
Fund for the Propagation, Cultivation and Study of Shellfish
|
|
1979
|
691
|
Act Providing for the Management of the State Forest in the
Town of Nantucket
|
|
1980
|
85
|
Act Relative to the Term of Office of Certain Inspectors of
Buildings, Building Commissioners and Local Inspectors
|
|
1980
|
425
|
Act Authorizing Certain Open Burning at the Landfill Site in
Nantucket County
|
|
1981
|
38
|
Act Relative to the Approval of Bylaws by the Attorney General
|
|
1981
|
50
|
Act Providing for the Granting of One (1) Additional License
for the Sale of All Alcoholic Beverages not to be Drunk on the Premises
for the Town of Nantucket
|
|
1981
|
98
|
Act Relative to the Membership of the Nantucket Planning and
Economic Development Commission
|
|
1981
|
377
|
Act Exempting the Position of Chief of Police in the Town of
Nantucket From the Provisions of the Civil Service Law and Tenure
Provisions and Providing for the Appointment of Such Chief of Police
|
|
1981
|
418
|
Act Authorizing the Town of Nantucket to Lease Certain Premises
to the Sidney and Robert Henderson Post 8608 VFW of the United States,
Inc., for Periods of Twenty Years
|
|
1982
|
240
|
Act Authorizing the Town of Nantucket to Issue an Annual All-Alcoholic
Package Store License to Butnell Corporation
|
|
1983
|
22
|
Act Validating Certain Action Taken by the Town of Nantucket
at its Annual Town Meeting in the Year Nineteen Hundred and Eighty-Two
|
|
1983
|
669
|
Act establishing the Nantucket Islands Land Bank
|
|
1984
|
225
|
Act Authorizing the Town of Nantucket to Use a Certain Parcel
of Land for the Construction of a Commercial Boat Pier
|
|
1984
|
300
|
Act Relative to the Historic Nantucket District
|
|
1984
|
407
|
Act Relative to the Funding of the Nantucket Island Land Bank
|
|
1984
|
481
|
Act Authorizing Certain Organizations in the Town of Nantucket
to File for Certain Property Tax Exemptions
|
|
1985
|
202
|
Act Relative to The Nantucket Islands Land Bank
|
|
1985
|
291
|
Act Relative to the Membership of the Historic District Commission
for the Town of Nantucket
|
|
1986
|
304
|
Act Establishing the Nantucket Regional Transit Authority
|
|
1986
|
522
|
Act Exempting the Town of Nantucket from the Requirement of
Appointing Fence Viewers
|
|
1987
|
459
|
Act Establishing a Park and Recreation Commission in the Town
of Nantucket
|
|
1987
|
476
|
Act Relative to Water Supply in the Town of Nantucket
[Repealed by Acts of 2020, Ch. 281] |
|
1987
|
585
|
Act Relative to the Issuance of Refunding Bonds and Notes by
Cities, Towns and Districts
|
|
1987
|
666
|
Act Relative to the Nantucket Islands Land Bank
|
|
1987
|
658
|
Act Relative to the Classification of a Certain Employee in
the Town of Nantucket in the Retirement System
|
|
1987
|
735
|
Act Relative to the Nantucket Historic District Commission
|
|
1989
|
289
|
Act Amending the Definition of Special Municipal Employee
|
|
1989
|
266
|
Act Permitting the Licensing of Motor Vehicle Rental Agencies
in the Town of Nantucket
|
|
1989
|
333
|
Act Relative to the Nantucket Historic District Commission
|
|
1989
|
616
|
Act Relative to Time Sharing Property in the Town of Nantucket
|
|
1990
|
192
|
Act Relative to the Classification of Certain Selectmen as Special
Municipal Employees
|
|
1990
|
314
|
Act Relative to the Membership of the Historic District Commission
|
|
1990
|
334
|
Act Further Regulating Tax Titles in the Town of Nantucket
|
|
1991
|
183
|
Act Relative to the Fire Department of the Town of Nantucket
|
|
1991
|
216
|
Act Authorizing a Certain Individual To Take Journeyman's Electrician
Examination
|
|
1991
|
392
|
Act Further Regulating the Nantucket Land Bank Commission
|
|
1991
|
458
|
Act Increasing Membership of the Nantucket Planning and Economic
Development Commission
|
|
1992
|
244
|
Act Relative to the Special Fund for the Propagation and Study
of Shellfish of the Town of Nantucket
|
|
1992
|
328
|
Act Authorizing the Town of Nantucket and the County of Nantucket
to adopt a Consolidated Charter
|
|
1992
|
355
|
Act providing for a Public Water Supply in the Town of Nantucket
|
|
1993
|
195
|
Act authorizing the Town of Nantucket to construct a channel
from each of the island's great ponds to the ocean
|
|
1993
|
451
|
Act authorizing the County of Nantucket to convey certain land
|
|
1994
|
268
|
Act relative to certain conservation land in the Town of Nantucket
|
|
1994
|
270
|
Act authorizing the Nantucket Islands Land Bank Commission to
contract for the construction, operation and maintenance of an eighteen-hole
public golf course on Nantucket
|
|
1994
|
309
|
Act exempting certain documents filed in relation to the Nantucket
Island Land Bank from the definition of Public Records
|
|
1994
|
321
|
Act authorizing the Town of Nantucket to Regulate the Dimensions
and Number of certain Motor Vehicles Driven or Operating in said Town
|
|
1995
|
237
|
Act Providing for an Expedited Betterment Program for Private
Road Improvements in the Town of Nantucket
|
|
1995
|
260
|
Act Relative to a Certain Conservation Restriction in the Town
of Nantucket
|
|
1996
|
289
|
Act Providing for a Charter for the Town of Nantucket
|
|
1996
|
290
|
Act Establishing a Charter for Nantucket County
|
|
1996
|
329
|
Act Authorizing Nantucket County to Convey Certain Land to the
Town of Nantucket
|
|
1998
|
112
|
Act relative to use of certain park land
|
|
1998
|
193
|
Act relative to the Nantucket Historic District Commission
|
|
1999
|
34
|
Act authorizing Nantucket County to convey certain land to the
Town of Nantucket and the Massachusetts Audubon Society
|
|
1999
|
35
|
Act relative to the conveyance of certain land from Nantucket
County to the Town of Nantucket
|
|
1999
|
170
|
Additional compensation for Town Clerks/Treasurers
|
|
2000
|
57
|
Act relative to the Nantucket Historic District
|
|
2000
|
159, § 434
|
Act relative to appropriations for Fiscal Year 2001 for the
maintenance of the departments, boards, commissions, institutions
and certain activities of the Commonwealth
|
|
2000
|
395
|
Act designating the James Coffin Memorial Rotary
|
|
2001
|
41
|
Voting precincts
|
|
2001
|
49
|
Exemption from reprecincting voting districts
|
|
2002
|
90
|
Act relative to the Nantucket Historic District Commission
|
|
2002
|
301
|
Act authorizing housing covenants in the Town of Nantucket
|
|
2002
|
370
|
Act relative to the Nantucket Islands Land Bank
|
|
2003
|
114
|
Easement bike path, county
|
|
2003
|
155
|
Increase in fines for parking violations
|
|
2004
|
28
|
Fuel revolving account at Nantucket Memorial Airport
|
|
2004
|
32
|
Summer Special Police, NPD
|
|
2004
|
224
|
Conservation restriction, Land Bank
|
|
2004
|
265
|
Conveyance of land, UMASS to Nantucket Conservation Foundation
|
|
2006
|
130
|
Act relative to the Nantucket Islands Land Bank
|
|
2006
|
323
|
An Act Relative to the Nantucket Housing Authority
|
|
2007
|
159
|
An Act Authorizing the Town of Nantucket to Grant an Easement
Over Town-Owned Property
|
|
2007
|
163
|
An Act Authorizing the Town of Nantucket to Use, Convey or Otherwise
Dispose of Certain Land in the Town of Nantucket for Municipal Purposes
|
|
2008
|
138
|
An Act Relative to the Conveyance of Property by the County
of Nantucket (transferring property to Town)
|
|
2008
|
396
|
Authorizing the establishment of the Nantucket Sewer Commission
and Sewer Districts in the Town of Nantucket
|
|
2009
|
47
|
An Act Authorizing the Town of Nantucket to Convey or Otherwise
Dispose of a Parcel of Land on Muskeget Island in the Town of Nantucket
|
|
2009
|
135
|
Act authorizing the release of certain restrictions on a parcel
of land in the Town of Nantucket
|
|
2010
|
8
|
Act relative to the Nantucket Historic District Commission
|
|
2010
|
46
|
Act establishing a Board of Health in the Town of Nantucket
|
|
2010
|
119
|
Act relative to the proper conservation of Muskeget Island
|
|
2010
|
193
|
Act relative to William J. Higgins, an employee of the Town
of Nantucket
|
|
2010
|
354
|
Act relative to the Nantucket Island Lands Bank
|
|
2011
|
47
|
Act establishing separate Cemetery Commission for the Town of
Nantucket
|
|
2011
|
81
|
Act relative to the Nantucket Planning and Economic Development
Commission
|
|
2012
|
172
|
Act authorizing the Nantucket Islands Land Bank to sell, convey
or otherwise dispose of certain land situated in the Town of Nantucket.
|
|
2013
|
125
|
Act authorizing the Town of Nantucket to convey certain land
to the Nantucket Islands Land Bank
|
|
2014
|
209
|
Act establishing the Nantucket Mosquito Control Project[1]
|
|
2014
|
217
|
Act authorizing the Town of Nantucket to convey certain land
to the Nantucket Islands Land Bank
|
|
2014
|
218
|
Act authorizing the conveyance of a certain parcel of land by
the County of Nantucket (to Town)
|
|
2014
|
261
|
Act exempting the Town of Nantucket from the provisions of MGL
and the Code of Massachusetts Regulations regarding funeral directors,
embalmers, funeral homes, and crematories
|
|
2014
|
263
|
Act authorizing the County and Town of Nantucket to convey a
certain parcel of land
|
|
2014
|
338
|
Act relative to the membership of the Historic District Commission
for the Town of Nantucket
|
|
2016
|
2
|
Act relative to the composition of the Nantucket Historic District
Commission
|
|
2016
|
116
|
Act relative to the Nantucket Memorial Airport fuel revolving
account
|
|
2016
|
165
|
Act authorizing the Town of Nantucket to convey certain land
to the Nantucket Islands Land Bank and Madaket Conservation Trust
for open space, recreational or conservation purposes
|
|
2016
|
179
|
Act authorizing Nantucket County to convey certain parcels of
land to the Town of Nantucket
|
|
2016
|
191
|
Act authorizing the Nantucket Islands Land Bank to convey certain
parcels of land to the Town for open space, recreational or conservation
purposes
|
|
2016
|
362
|
Act amending the Charter of the Town of Nantucket relative to
newspaper publication of Town Meeting warrants[2]
|
|
2016
|
376
|
Act authorizing the appointment of retired police officers to
serve as special police officers
|
|
2018
|
180
|
Act Authorizing the Town of Nantucket to Sell, Convey or Otherwise
Dispose of a Portion of Certain Land Situated in the Town of Nantucket
Held for Cemetery Purposes
|
|
2018
|
183
|
Act Authorizing the Conveyance of Land from the County of Nantucket
and Authorizing the Town of Nantucket to Sell, Convey or Otherwise
Dispose of a Portion of Said Land Situated in the Town of Nantucket
Held for Open Space Purposes
|
|
2018
|
190
|
Act Authorizing the Town of Nantucket to Sell, Convey or Otherwise
Dispose of Certain Land Situated in the Town of Nantucket Held for
Open Space, Recreational or Conservation Purposes to the Nantucket
Islands Land Bank, Nantucket Conservation Foundation, Inc. or Sconset
Trust, Inc. for the Same Purposes
|
|
2018
|
200
|
Act Authorizing the Town of Nantucket to Convey a Portion of
a Certain Parcel of Land in the Town of Nantucket and Held for Water
Supply Purposes to the Town of Nantucket to be Used for Roadway Purposes
|
|
2018
|
343
|
Act repealing the Act establishing the Nantucket Mosquito Control
Project
|
|
2018
|
347
|
Act Reducing the Membership of the Nantucket Planning and Economic
Development Commission
|
|
2020
|
281
|
Act Authorizing the Town of Nantucket to Supply Itself and Its
Inhabitants with Water
|
|
2022
|
93
|
Act Authorizing the Exchange of Certain Parcels of Land between
the Town of Nantucket and the Nantucket Islands Land Bank
|
|
2022
|
97
|
Act Further Regulating the Audit Committee of the Town of Nantucket
|
ACTS 2020. CHAP. 281
AN ACT AUTHORIZING THE TOWN OF NANTUCKET TO SUPPLY ITSELF
AND ITS INHABITANTS WITH WATER.
SECTION 1. Chapter 27 of the acts of 1880 is hereby repealed.
SECTION 2. Chapter 307 of the acts of 1925 is hereby repealed.
SECTION 3. Chapter 197 of the acts of 1928 is hereby repealed.
SECTION 4. (a) The town of Nantucket may: (i) supply itself
and its inhabitants with water for the extinguishment of fires, domestic
and other purposes; (ii) establish fountains and hydrants, relocate
or discontinue the same; and (iii) regulate the use of such water
and fix and collect rates to be paid for the use of same.
(b) The town, for the purposes described in subsection (a),
may: (i) acquire by purchase or take by eminent domain pursuant to
chapter 79 of the General Laws the entire water rights, estates, franchises
and privileges of any corporation supplying water to its inhabitants
and thereby become entitled to all its rights and privileges and subject
to all its duties and liabilities; (ii) lease, take by eminent domain
pursuant to said chapter 79 or acquire by purchase or otherwise, and
hold the waters, or any portion thereof, of any pond, brook, spring,
stream or any ground water sources within its limits, not already
appropriated for purposes of public water supply, and any water or
flowage rights connected therewith; provided, however, that the amount
of water that may be taken shall from time to time be determined by
vote of the town; (iii) take by eminent domain pursuant to said chapter
79 or acquire by purchase or otherwise, and hold all lands, rights
of way and other easements necessary for collecting, storing, holding,
purifying and treating such water and protecting and preserving the
purity thereof and for conveying the same to any part of the town;
provided, however, that no source of water supply and no lands necessary
for protecting and preserving the purity and quality of the water
shall be taken or used without first obtaining the advice and approval
of the department of environmental protection, and that the location
and arrangement of all dams, reservoirs, wells or filter galleries,
filtration and pumping plants or other works necessary in carrying
out this act shall be subject to the approval of the department. The
town may: (i) construct, erect and maintain on the lands acquired
and held pursuant to this act proper dams, reservoirs, pumping and
filtration plants, buildings, standpipes, tanks, fixtures and other
structures, including purification and treatment works, the construction
and maintenance of which shall be subject to the approval of the department;
and (ii) make excavations, procure and operate machinery, and provide
such other means and appliances and do such other things as may be
necessary for the establishment and maintenance of complete and effective
water works; and for that purpose may construct wells and reservoirs,
establish pumping works and lay down and maintain aqueducts, conduits,
pipes and other works, under or over any lands, water courses, railroads,
railways and public or other ways and along any such way in the town
in such manner as not unnecessarily to obstruct the same; and for
the purpose of constructing, laying, maintaining, operating and repairing
such conduits, pipes and other works, and for all other proper purposes
of this act, the town may dig up or raise and embank any such lands,
highways or other ways in such manner as to cause the least hindrance
to public travel thereon. The town shall not enter upon, construct
or lay any conduits, pipes or other works within the location of any
railroad corporation except at such time and in such manner as it
may agree upon with such corporation or in case of failure so to agree
as may be approved by the department of public utilities. The town
may enter upon any lands for the purpose of making surveys, test pits
and borings, and may take or otherwise acquire the right to occupy
temporarily any lands necessary for the construction of any work or
for any other purpose authorized by this act.
(c) The land, water rights and other property taken or acquired
pursuant to this act, and all works, buildings and other structures
erected or constructed pursuant to this act, shall be managed, improved
and controlled by the board of water commissioners established in
subsection (h), in such manner as the board shall deem in the best
interest of the town.
(d) Any person or corporation injured in the person’s
or corporation’s property by any action of the town or the board
pursuant to this act may recover damages from the town pursuant to
said chapter 79; provided, however, that the right to damages for
the taking of any water, water right, or any injury thereto, shall
not vest until the water is actually withdrawn or diverted by the
town under authority of this act.
(e) The town may, for the purpose of paying the necessary expenses and liabilities incurred or to be incurred pursuant to this act, issue bonds or notes in accordance with section 8 of chapter 44 of the General Laws.
(f) At the time of authorizing a loan under subsection (e),
the town shall provide for the payment of said loan in accordance
with said subsection (e). When a vote to that effect has been passed
the town shall annually assess, without further vote and in the same
manner as other taxes, a sum that, with the income derived from the
water rates, will be sufficient to pay the annual expense of operating
the water works, and the interest as it accrues on the bonds or notes
issued as aforesaid, and to make such payments on the principal as
may be required pursuant to this act, until the debt incurred by the
loan is extinguished.
(g) Whoever willfully or wantonly corrupts, pollutes or diverts
any of the waters taken or held under this act, or injures any structure,
work or other property owned, held or used by the town under the authority
and for the purposes of this act, shall forfeit and pay to the town
3 times the amount of damages assessed therefore, to be recovered
in an action of tort Upon conviction of any willful or wanton act
under this subsection, the act shall be punished by a fine of not
more than $300 or by imprisonment for not more than 1 year, or both.
(h) All water operations of the town shall be consolidated
in the water department of the town. All the authority granted to
the town by this act, except under subsections (e) and (f), and not
otherwise specially provided for, shall be vested in a 5-member board
of water commissioners. The board shall have exclusive charge and
control of the water department and water system of the town; provided,
however, that the board shall be subject to all lawful by-laws and
instructions, rules and regulations as the town may impose by its
vote. A majority of the board shall constitute a quorum for the transaction
of business. Any vacancy occurring in the board shall be filled at
the next annual town election for the remainder of the unexpired term
and may be filled temporarily by the board of selectmen until the
next annual election, in accordance with the charter of the town of
Nantucket as it may be amended. The commissioners shall serve for
3-year overlapping terms, arranged so that the terms of not more than
2 commissioners shall expire each year.
(i) The board shall fix just and equitable prices and rates for the use of water, and shall prescribe the time and manner of payment of such prices and rates. The income of the water works shall be applied to defraying all operating expenses, interest charges and payments on the principal as they accrue upon any bonds or notes issued pursuant to this act. During any period that the water department is not operated under generally accepted accounting principles pursuant to section 53F1/2 of chapter 44 of the General Laws, if there is a net surplus remaining after providing for the aforesaid charges, the surplus shall, subject to appropriation by the town, be used for such new construction as the water commissioners may recommend or be reserved by the town for future new construction. If a surplus remains after appropriation or reservation for such new construction or if such surplus is not so appropriated and reserved, the water rates shall be reduced proportionately. All authority vested in the board by this subsection shall be subject to subsection (h) with respect to the town’s authority to adopt appropriate by-laws, rules, instructions and regulations. The board shall annually, and as often as the town may require, render a report upon the condition of the works under its charge and an account of its doings, including an account of receipts and expenditures.
SECTION 5. The town of Nantucket shall be the lawful successor
of the Siasconset water district and the Wannacomet Water Company
in every respect. All property, both real and personal, including
funds, records, furnishings and equipment whatsoever in the custody
of said district and company shall be transferred by operation of
law to the town. No contracts or liabilities of the Siasconset water
district or Wannacomet Water Company in force on the effective date
of this act shall be affected by the dissolution and abolition of
the said district or company, except as provided in section 10.
SECTION 6. The incumbent general manager of the Wannacomet
Water Company holding office as of the effective date of this act
shall serve as the director of the water department of the town of
Nantucket until the natural expiration of the incumbent’s appointment,
or the incumbent’s sooner resignation, retirement or removal.
SECTION 7. The enterprise funds previously established by vote of the town pursuant to section 53F 1/2 of chapter 44 of the General Laws and referred to as the Siasconset Water Enterprise Fund and the Wannacomet Water Enterprise Fund, if they are in existence as of the effective date of this act, shall be consolidated into a single enterprise fund known as the Nantucket Water Department Enterprise Fund, which shall be subject to said section 53F 1/2 of said chapter 44.
SECTION 8. Any properly-adopted rules and regulations of the
boards of water commissioners created pursuant to sections 8 and 8A
of chapter 307 of the acts of 1925 in effect upon the effective date
of this act, shall remain in full force and effect until such time
as they are amended or abolished by the board established pursuant
to subsection (h) of section 4.
SECTION 9. Upon the effective date of this act, the then-applicable
memorandum of agreement between the Nantucket water commission and
the Siasconset water district shall be rendered void, and the parties
shall be relieved of their obligations under said memorandum of agreement,
except to the extent that any payments are outstanding for services
rendered prior to the effective date of this act.
SECTION 10. All personnel of the water department created pursuant
to subsection (h) of section 4 shall be employees of the town of Nantucket,
and shall be appointed by the board created under said subsection
(h) of said section 4, in accordance with and subject to the requirements
of sections 4.5-4.9 of the charter of the town of Nantucket. The employees
shall be subject to any applicable by-laws, and personnel policies
and procedures of the town, unless and only to the extent that such
by-laws and personnel policies and procedures have been superseded
by any valid collective bargaining agreement, where applicable. Nothing
herein shall be construed to alter or amend the employment status
of any existing water department employee, employed as of the effective
date of this act, except as provided in section 6.
SECTION 11. On the effective date of this act, the members
of the board of water commissioners established by section 8A of chapter
307 of the acts of 1925, previously known as the Nantucket water commissioners,
shall become the first members of the 5-member board of water commissioners
created pursuant to subsection (h) of section 4. The commissioners
shall serve for the remainder of their elected terms or their sooner
vacating of office. Thereafter, the offices shall be filled in accordance
with said subsection (h) of said section 4. Two additional commissioners
shall be elected at the first annual town election occurring no less
than 64 days after the passage of this act, 1 for a 2-year term and
1 for a 3-year term. If the 2 additional positions would remain vacant
for more than 4 months, the board of selectmen may, in its discretion,
make temporary appointments to fill the vacancies until the annual
election at which the offices may legally appear on the ballot. Thereafter,
all elections and temporary appointments to the board shall be made
in accordance with said subsection (h) of said section 4.
SECTION 12. This act shall take effect upon its passage.
Approved, January 7, 2021.
ACTS, 1965. CHAP. 169
AS AMENDED BY ACTS: 1987, CHAP. 459
AN ACT AUTHORIZING THE TOWN OF NANTUCKET TO ESTABLISH
A BOARD OF PUBLIC WORKS EXERCISING THE POWERS OF CERTAIN OTHER BOARDS,
COMMISSIONS, DEPARTMENTS AND TOWN OFFICERS
Be it enacted, etc., as follows:
SECTION 1. There shall be established in the Town of Nantucket,
hereinafter called the "town," a Board of Public Works, hereinafter
called the "Board," which shall be comprised of the Board of Selectmen
of the Town of Nantucket. The number of members of the Board of Selectmen,
their manner of election and the filling of vacancies therein shall
remain the same as in effect prior to the acceptance of this Act.
SECTION 2. Said Board shall have all the powers and duties now
and from time to time vested by general or special law or town bylaw
in the following boards, departments and offices or in boards, departments
and offices having corresponding powers and duties in the town, to
wit: Highway Department, Sewer Commission, Tree Commission, Mosquito
Control Commission, Town Dumps and Town Cemeteries, and such boards,
commissions, departments and offices shall be abolished. No existing
contracts or liabilities shall be affected by such abolition, but
the Board shall, in all respects, be the lawful successor of the boards,
commissions, departments and offices so abolished. The Board shall
have such added powers with respect to public works as the town may,
from time to time, by vote of its Town Meeting, provide, any other
provisions of the law to the contrary notwithstanding, and other departments
and offices of the town may be from time to time, brought within the
provisions of this Act by vote of the Annual Town Meeting.
SECTION 3. The Board shall appoint and fix the compensation
of a Superintendent of Public Works, subject to appropriation by the
town therefor, who shall exercise and perform under its supervision
and direction such of the powers, rights and duties transferred to
it under Section 2 as it may, from time to time, designate. He shall
be specially fitted by education, training and experience to perform
the duties of his office and need not be a resident of the town. He
shall be responsible for the efficient exercise and performance of
such powers, rights and duties. He may be given a contract not exceeding
two (2) years, and said contract shall provide the manner and terms
on which said contract may be terminated by the Board of Public Works.
He shall, subject to the approval of the Board, appoint such
assistants, agents and employees as the exercise and performance of
his powers, rights and duties may require, the compensation of such
assistants, agents and employees being fixed by the Board, subject
to appropriation by the town therefor. He shall render to the Board,
as often as it may require, a full report of all operations under
his control during the period reported upon, and annually, and from
time to time as required by the Board, shall make a synopsis of such
reports for publication and shall keep the Board fully advised as
to the needs of the town within the scope of his duties and shall
annually, not less than sixty (60) days prior to the expiration of
the fiscal year of said town, furnish to the Board a carefully prepared
and detailed estimate, in writing, of the appropriations required
during the next succeeding fiscal year for the proper exercise and
performance of all of said rights and duties. Each permanent employee
of any board, department or office abolished by this Act, including
Superintendents, shall be transferred to and become an employee of
the Board, and each such employee shall retain all rights to holidays,
sick leave and vacations in effect prior to the acceptance of this
Act.
SECTION 4. This Act shall be submitted for acceptance to the
voters of the Town of Nantucket at a Special Town Meeting held at
any time after the Annual Town Meeting to be held in the year 1965,
but not less than ninety (90) days prior to the Annual Town Meeting
to be held in the year 1966. If a majority of the voters voting on
the question vote in the affirmative, this Act shall thereupon take
effect immediately for the purpose of the next annual town election
and for all things relating thereto and shall take full effect beginning
with said election.
Approved March 18, 1965
ACTS, 1970. CHAP. 395
AS AMENDED BY ACTS: 1972, CHAP. 708; 1984, CHAP. 300;
1985, CHAP. 291; 1987, CHAP. 735; 1989, CHAP. 333; 1990, CHAP. 314;
1998, CHAP. 193; 2000, CHAP. 57; 2002, CHAP. 90; 2010, CHAP. 8; 2014,
CHAP. 338
AN ACT ESTABLISHING AN HISTORIC DISTRICT COMMISSION FOR
THE TOWN OF NANTUCKET AND ESTABLISHING NANTUCKET ISLAND AS THE HISTORIC
DISTRICT
Be it enacted, etc., as follows:
SECTION 1. Chapter 601 of the Acts of 1955 is hereby repealed
and the Historic Districts Commission is hereby abolished.
SECTION 2. The purpose of this Act is to promote the general
welfare of the inhabitants of the Town of Nantucket through the preservation
and protection of historic buildings, places and districts of historic
interest through the development of an appropriate setting for these
buildings, places and districts and through the benefits resulting
to the economy of Nantucket in developing and maintaining its vacation-travel
industry through the promotion of these historic associations.
SECTION 2A. For purposes of this Act, the following words shall
have the following meanings:
"Altered" shall include the words rebuilt, reconstructed, rehabilitated,
remodeled, renovated and restored.
"Building," a combination of materials forming a shelter for
persons, animals or property.
"Commission," the Nantucket Historic District Commission, acting
as the Historic District Commission.
"Constructed" shall include the words built, erected, installed,
enlarged, and moved.
"Exterior architectural features," such portions of the exterior
of a building or structure, including the size and shape of proposed
buildings and structures described in subsection (b) of section 9,
as are open to view from a beach, a public way, a traveled way, a
street or way shown on a land court plan or shown on a plan recorded
in the Registry of Deeds, a proprietor's road, a street or way shown
on a plan approved and endorsed in accordance with the Subdivision
Control Law, a public park or a public body of water, and shall include
but not be limited to, the architectural style and general arrangement
and setting thereof; the kind, color and texture of exterior building
materials; the color of paint or other materials applied to windows,
doors, lights, signs, trim, gutters, leaders, louvers, vents, exterior
surfaces and type and style of roofs, porches, decks, staircases,
steps, balconies, roof walks and other appurtenant exterior fixtures. [Amended by St. 2000, Ch. 57]
"Razed," includes the words destroyed, demolished and removed.
"Structure," a combination of materials other than a building,
including, but not limited to a vending machine, sign, fence, wall,
terrace, walk or driveway. [Amended by St. 1998, Ch. 193]
SECTION 3. There is hereby established in the Town of Nantucket
an Historic District Commission consisting of five (5) unpaid members
who shall be resident taxpayers of the Town of Nantucket, to be appointed
by the Selectmen. The Historic District Commission shall have the
powers and authority and perform all the duties as hereinafter enumerated
and provided. All 5 members shall be elected for rotating 3-year terms
at the annual town election each year. Vacancies occurring in the
Commission, other than by expiration of term of office, shall be filled
by appointment by the Selectmen, but such appointment shall be only
for the unexpired portion of the term of the member replaced. [Amended by St. 2014, Ch. 338; St. 2016, Ch. 2[1]]
The Chairman of the Historic District Commission may designate
an associate member to sit on the Commission in case of absence, inability
to act or conflict of interest on the part of any member thereof or
in the event of a vacancy on the Commission until said vacancy is
filled in the manner provided herein. Three such associate members
shall be appointed by the board of selectmen in accordance with section
3.4(a)(3) of the charter of the town of Nantucket for rotating 3-year
terms. Vacancies in said office shall be filled by the board of selectmen
for the remainder of the unexpired term. [Amended by St. 2014, Ch. 338]
The members of the commission shall be exempt from subsections
(a) and (c) of section 17 of chapter 268A of the General Laws. [Amended by St. 1998, Ch. 193; St. 2002, Ch. 90]
SECTION 4. There is hereby established in the Town of Nantucket
an Historic Nantucket District, which shall include the land and waters
comprising the Town of Nantucket.
SECTION 5. (a) No building or structure shall be constructed
or altered within the Nantucket Historic District in any way that
affects its exterior architectural features unless and until either:
(1) An application for a building permit shall first have been
approved as to exterior architectural features, which approval shall
be evidenced by a certificate of appropriateness issued by the Commission;
or
(2) The Commission first issues a certificate of nonapplicability
with respect to such alteration or construction,
(b) No building permit for construction or alteration of a building
or structure within the Historic Nantucket District shall be issued
by the Building Inspector until and unless the applicant has first
obtained the applicable certificate from the Commission. No occupancy
permit shall be issued by the Building Inspector with respect to any
building or structure in the Nantucket Historic District unless and
until the Building Inspector receives a written certification from
the Historic District Commission that:
(1) The building or structure has been constructed or altered
in compliance with the terms of the certificate of appropriateness
issued therefor; or
(2) A certificate of nonapplicability has been issued for the
construction or alteration.
(c) Nothing in this Act shall be construed to prevent the ordinary
maintenance, repair or replacement of any exterior architectural feature
within the Nantucket Historic District which does not involve a change
in design, material, color or the outward appearance thereof; nor
to prevent the meeting of requirements certified by a duly authorized
public officer to be necessary for public safety because of an unsafe
or dangerous condition, nor to prevent landscaping with plants, trees
and shrubs.
SECTION 6. No building or structure within the Historic Nantucket
District shall be razed without first obtaining a permit approved
by the Historic District Commission, and said Commission shall be
empowered to refuse such a permit for any building or structure of
such architectural or historic interest, the removal of which in the
opinion of said Commission would be detrimental to the public interest
of the Town of Nantucket or the Village of Siasconset.
SECTION 7. The erection or display of an occupational or other
sign exceeding two (2) feet in length and six (6) inches in width
or the erection or display of more than one (1) such sign, irrespective
of size, on any lot, building or structure located within the Historic
Nantucket District must be approved in advance by the Historic District
Commission. Evidence of such approval shall be a certificate of appropriateness
issued by said Commission.
SECTION 8. The Historic District Commission shall elect its
Chairman and Vice Chairman. The Commission shall meet within ten (10)
days of the receipt of an application for a certificate of appropriateness
or permit for removal and at such other times as the Commission may
determine or upon call of the Chairman or of any two (2) members.
It shall keep a permanent record of its resolutions, transactions
and determinations and may make such rules and regulations consistent
with this Act as may appear desirable and necessary. It may hold public
or private hearings as it may deem advisable. It may incur expenses
necessary to the carrying on of its work within the amount of its
annual appropriation. The Commission shall make and publish rules
and regulations adopting or establishing guidelines for exterior architectural
features and establishing procedures for the processing of applications
and conduct of hearings. The Commission may establish such fees with
respect to applications and hearings as it deems necessary and appropriate
to defray its expenses. [Amended by St. 2010, Ch. 8]
SECTION 9. (a) It shall be the function and the duty of the
Historic District Commission to pass upon the appropriateness of exterior
architectural features of buildings and structures hereafter to be
erected, reconstructed, altered or restored within the Historic Nantucket
District wherever such exterior features are subject to view from
a beach, public way, public park, public body of water, traveled way,
a street or way shown on a land court plan, or shown on a plan recorded
in the registry of deeds, a proprietors road or a street or way shown
on a plan approved and endorsed in accordance with the Subdivision
Control Law. All plans, elevations and other information deemed necessary
by the Commission to determine the appropriateness of the exterior
features to be passed upon shall be made available to the Commission
by the applicant. It shall also be the duty of the Commission to pass
the removal of any building within said districts as set forth in
Section 6 and the erection or display of occupational or other signs
as set forth under Section 7.
(b) The Historic District Commission, in passing upon appropriateness
of exterior architectural features in any case, shall keep in mind
the purposes set forth in Section 2 and shall consider, among other
things, the general design, arrangement, texture, material and color
of the building or structure in question, the location on the lot
and the relation of such factors to similar features of buildings
and structures in the immediate surroundings and the position of such
building or structure in relation to the street or public way and
to other buildings and structures. In the case of new construction
or additions to existing buildings or structures, the Historic District
Commission shall consider the appropriateness of the size and shape
of the building or structures both in relation to the land area upon
which the building or structure is situated and buildings and structures
in the vicinity, and the commission may in appropriate cases impose
dimensional and setback requirements in addition to those required
by applicable by-law. [Amended by St. 2000, Ch. 57]
(c) The Historic District Commission shall not consider interior
arrangement or building features not subject to public view. The commission
shall not make any recommendations or requirements except for the
purpose of preventing developments incongruous to the historic aspects
of the surroundings and the Historic Nantucket District. [Amended by St. 2000, Ch. 57]
(d) In case of disapproval, the Commission shall state its reasons
therefor in writing, and it may make recommendations to the applicant
with respect to appropriateness of design, arrangement, texture, material,
color and the like of the building or structure involved.
(e) Upon approval of the plans, the Commission shall cause a
certificate of appropriateness, dated and signed by the Chairman,
to be issued to the applicant or affixed to the plans.
(f) If the Commission shall fail to take final action in any
case within sixty (60) days after receipt of any application for a
certificate of appropriateness or a permit for removal, the case shall
be deemed to be approved except where mutual agreement has been reached
for an extension of the time limits.
(g) The Commission shall have, in addition to the powers, authority
and duties granted it by this Act, such other ancillary, enforcement
or investigative powers, authority and duties as may be delegated
or assigned to it from time to time by vote of an Annual or Special
Town Meeting of the Town of Nantucket.
SECTION 10. Any person who violates any of the provisions of
this Act shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $10 nor more than $500, which shall be
forfeited to the use of the town. Each day that a violation continues
to exist shall constitute a separate offense.
(a) It shall be a violation of this Act for any person to construct
or alter a building or structure without having first obtained from
the Commission a certificate of applicability or a certificate of
nonapplicability; for any person to raze any building or structure
without having first obtained from the Commission a permit for such
razing; for any person to construct or alter a building or structure
in any way which is inconsistent with or contrary to the terms of
the certificate of approval issued for such building or structure;
or for any person to knowingly submit false, fraudulent or misleading
information to the Commission in connection with any application.
SECTION 10A. It shall be a violation of this Act for any person
to construct or alter a building or structure without having first
obtained from the Commission a certificate of applicability or a certificate
of nonapplicability; for any person to raze any building or structure
without having first obtained from the Commission a permit for such
razing; for any person to construct or alter a building or structure
in any way which is inconsistent with or contrary to the terms of
the certificate of approval issued for such building or structure;
or for any person to knowingly submit false, fraudulent or misleading
information to the Commission in connection with any application.
SECTION 11. Appeals may be taken to the Board of Selectmen by
any person aggrieved by the ruling of the Historic District Commission.
The Board of Selectmen shall hear and act upon such appeals promptly,
and the decision of the Board shall be as determined by a majority
vote of the members of the Board. Such appeals shall be taken within
ten (10) days of the filing by the Commission of its certificate of
determination with the Clerk of the Town of Nantucket, and written
notice of such appeal shall be given by the appealing party to the
Commission at the time such appeal is taken.
SECTION 12. Any person or the Historic District Commission,
aggrieved by a decision of the Board of Selectmen, may appeal to the
Superior Court sitting in equity for the County of Nantucket, provided
that such appeal is filed in said Court within 15 days after such
decision is recorded. The appealing party or parties shall, at the
time of filing such appeal, give notice thereof to all persons who
were parties to the appeal to the Board of Selectmen, by causing to
be delivered to such parties a copy of the complaint and written notice
of the filing thereof. The Court shall hear all pertinent evidence
and determine the facts and, upon the facts so determined, annul such
decision if found to exceed the authority of such Board, or may remand
the case for further action by the Commission or make such other decree
as justice and equity may require. The foregoing remedy shall be exclusive,
but the parties shall have all rights of appeal and exception as in
other equity cases.
Costs shall not be allowed against the Historic District Commission
or the Board of Selectmen unless it shall appear to the Court that
the Commission or the Board, in making the decision appealed from,
acted with gross negligence, in bad faith or with malice.
Costs shall not be allowed against the party appealing from
the decision of the Historic District Commission or the Board of Selectmen
unless it shall appear to the Court that said appellant or appellants
acted in bad faith or with malice in making the appeal to the Court.
SECTION 13. The Superior Court, sitting in equity for Nantucket
County, shall have jurisdiction to enforce the provisions of this
Act and the certificates, permits, determinations, rulings and regulations
issued pursuant thereto and may, upon petition of the Commission,
restrain by injunction violations thereof; and, without limitation,
such court may order the removal of any building, structure or exterior
architectural feature constructed in violation of this Act or the
substantial restoration of any building, structure or exterior architectural
feature altered or razed in violation of this Act and may issue such
other orders for relief as may be equitable.
SECTION 14. In case any section, paragraph or part of this Act
be for any reason declared invalid or held unconstitutional by any
court of last resort, every other section, paragraph or part shall
continue in full force and effect.
SECTION 15. This Act shall take effect upon its acceptance by
the voters of the Town of Nantucket at an Annual Town Meeting or any
meeting duly called for the purpose.
February 27, 1990
[1]
Editor’s Note: Section 2 of this enactment provided
that “an incumbent member of the Historic District Commission
appointed or elected pursuant to section 3 of chapter 395 of the acts
of 1970, as amended, shall continue to serve in that capacity until
the expiration of the incumbent’s term or until the incumbent
sooner vacates the office, after which the election of members shall
proceed in accordance with section 1.”
ACTS, 1972. CHAP. 562
AN ACT RELATIVE TO THE MEMBERSHIP OF THE BOARD OF SELECTMEN
OF THE TOWN OF NANTUCKET AND VALIDATING CERTAIN PROCEEDINGS TAKEN
AT THE ANNUAL ELECTION OF SAID TOWN
Be it enacted, etc., as follows:
SECTION 1. Section 1 of Chapter 169 of the Acts of 1965 is hereby
amended by striking out the last sentence.
SECTION 2. There shall be five (5) selectmen in the Ton of Nantucket.
At the town election in 1972, the registered voters of the Town of
Nantucket shall elect five (5) selectmen, of whom two (2) shall serve
for terms of three (3) years, two (2) shall serve for terms of (2)
two years and one (1) for a term of one (1) year. At each annual town
election thereafter the voters shall elect in place of those Selectmen
whose terms are about to expire a like number of Selectmen to serve
for terms of three (3) years.
SECTION 3. Any action taken by the Town of Nantucket at its
Annual Town Meeting and election held in the current year, pursuant
to the authority contained in Sections 1 and 2, is hereby validated
and confirmed as though this Act were in full force and effect on
the date of the posting of the warrant for such meeting.
SECTION 4. All acts and proceedings of the Board of Selectmen
of said town from March 14, 1972, to the effective date of this Act
are hereby ratified and confirmed and shall have the same effect and
validity as if the provisions of this Act had been in effect at the
time of such acts and proceedings.
SECTION 5. This Act shall take effect upon its passage.
Approved July 6, 1972
ACTS, 1973. CHAP. 561
AS AMENDED BY ACTS: 1981, CHAP. 98; 1991, CHAP. 458; 2018, CHAP.
347
AN ACT ESTABLISHING THE NANTUCKET PLANNING AND ECONOMIC
DEVELOPMENT COMMISSION
Be it enacted, etc., as follows:
SECTION 1. In order to plan for the orderly and coordinated
development and protection of the physical, social and economic resources
of the Island of Nantucket, there is hereby established the Nantucket
Planning and Economic Development Commission, hereinafter called the
"Commission." The Commission shall consist of the members of the Planning
Board of the Town of Nantucket; one (1) representative of the Nantucket
Housing Authority to be appointed annually by said Authority; one
(1) representative of the County Commissioners of Nantucket County
to be appointed annually by said County Commissioners; one (1) representative
of the Conservation Commission to be appointed annually by said Conservation
Commission; and three (3) persons from said town appointed at large
by the Commission; one (1) for a term of one (1) year, and one (1)
for a term of two (2) years and one (1) for a term of three (3) years.
SECTION 2. The Commission shall be responsible for the preparation
of comprehensive plans for the physical, social and economic development
of said county and town and shall make recommendations for action
to implement said plans to the responsible county and town agencies.
Such plans shall include, but not be limited to, the preparation of
studies, research reports and maps of natural resources, land utilization,
economic development, recreation and conservation, transportation
and population characteristics. In order to carry out these responsibilities,
the Commission may retain such experts as may be required.
SECTION 3. To meet the expenses incurred under this Act, the
Commission may expend from the treasury of the Town of Nantucket such
sums as may be appropriated therefor by said town. All bills incurred
in carrying out the provisions of this Act shall be accompanied by
proper vouchers and shall be paid by the Town Treasurer of said town
only on warrants approved by the Commission or a committee appointed
by it for such purpose. Voluntary contributions, either public or
private, for such purposes may be deposited in said treasury. No appointments
shall be made and no money shall be expended hereunder except by the
affirmative vote of a majority of the members of said Commission.
No moneys expended under this Act shall be used for recreational advertising
or promotion.
SECTION 4. The Commission shall elect a Chairman and such other
officers as it may, by rule, provide and may make such other rules
and regulations not inconsistent with the provisions of this Act as
it may, by majority vote, provide. Each member of the Commission shall
have one (1) vote. Members of the Commission shall serve without compensation.
Section 4A. The commission shall be 1 of the commonwealth's
regional planning agencies.
St. 2011, Ch. 81, § 1.
Section 4B. Certain developments of regional economic impact
as hereinafter defined proposed to be constructed within the limits
of the town of Nantucket shall not be constructed within that town
without a Development of Regional Economic Impact Permit, hereinafter
referred to as DREIP, issued by majority vote of the commission. A
DREIP shall be in addition to and not a substitute for, nor shall
it in any way detract from, any permit, license, approval or other
permission issued by the town of Nantucket or any other applicable
governmental authority.
St. 2011, Ch. 81, § 1.
Section 4C. Developments of regional economic impact shall be
those large-scale commercial and industrial developments that have
the potential to impact the appearance, society and economy of the
town of Nantucket that exceed any 1 of the following minimum thresholds:
(1) 30,000 gross square feet of interior space in a single building
or on a single lot for retail, manufacturing or industrial use;
(2) 40,000 square feet of exterior storage, exterior industrial
use;
(3) alterations to more than 5 acres of shore, beach, seacoast,
pond, marsh, dune, woodland, grassland, heathland, wetland, endangered
species habitat, aquifer or other resource area for commercial or
industrial use; or
(4) any commercial or industrial use that requires more than
100 parking spaces as determined by the zoning by-law of the town
of Nantucket.
St. 2011, Ch. 81, § 1.
Section 4D. The commission shall by majority vote adopt rules
and regulations for the issuance of a DREIP after a public hearing,
with a minimum of 14 days prior notice to the board of selectmen of
the town of Nantucket of the time and place of such hearing; provided,
however, that the rules and regulations shall not take effect except
upon an affirmative vote of the town of Nantucket at a duly scheduled
town meeting. The rules and regulations shall include specific time
lines for action by the commission, including, without limitation,
that the commission shall file a written decision with the town clerk
within 180 days of the commission's receipt of a complete application
for the issuance of a DREIP, and standards and criteria to assess
visual and environmental impacts, employment characteristics and requirements
for municipal or regional services including solid waste disposal,
water, sewer, tourist services and facilities, transportation and
education. The rules and regulations shall provide that the commission
shall issue a DREIP upon making the following findings:
(1) the probable benefit of the proposed project will exceed
the probable detriment;
(2) the proposed project is in compliance with any master plan adopted by the community pursuant to section 81D of chapter 41 of the General Laws or other authority; and
(3) there are no practical, feasible or practicable options
or alternatives that might otherwise be employed due to unique physical,
social or economic conditions related to the town of Nantucket's island
location.
St. 2011, Ch. 81, § 1.
SECTION 5. This Act shall take effect upon its passage.
Approved August 2, 1973
ACTS, 1976. CHAP. 465
AN ACT ESTABLISHING A HARBOR AND SHELLFISH ADVISORY BOARD
IN THE TOWN OF NANTUCKET
Be it enacted, etc., as follows:
There is hereby established in the Town of Nantucket a Harbor
and Shellfish Advisory Board, to consist of seven (7) members. The
initial members thereof shall be elected, two (2) to serve for one
(1) year, two (2) for two (2) years, and three (3) for three (3) years,
from the date of the Annual Meeting at which they are elected, and
thereafter when the term of any member expires, his successor shall
be elected to serve for three (3) years. In all cases the members
shall serve until their successors are elected and qualified. The
members of the Board shall, after each election, elect one of their
members to act as chairman for the ensuing year.
The Board shall make recommendations to the Board of Selectmen
of said town of persons to be appointed to the position of Harbormaster
and Shellfish Warden. The Board shall recommend and advise the Selectmen
concerning the duties and responsibilities of the Harbormaster and
Shellfish Warden and the Board shall have such other duties and responsibilities
as may be necessary for the proper use and management of the water
and shellfish of the Town of Nantucket.
Approved October 22, 1976
ACTS, 1979. CHAP. 270
AN ACT PROVIDING FOR THE FILLING OF VACANCIES ON THE HARBOR
AND SHELLFISH ADVISORY BOARD OF THE TOWN OF NANTUCKET
Be it enacted, etc., as follows:
SECTION 1. The first paragraph of Chapter 465 of the Acts of
1976 is hereby amended by adding the following sentence: "If there
is a vacancy on the Board, the Board of Selectmen of said town shall
appoint a person to fill such vacancy for the remainder of the unexpired
term.
SECTION 2. This act shall take effect upon its passage.
Approved June 13, 1979
ACTS, 1983. CHAP. 669, AS AMENDED
AN ACT RELATIVE TO THE NANTUCKET ISLANDS LAND BANK
Be it enacted, etc., as follows:
SECTION 1. For purposes of this Act, the words and phrases set
forth in this section shall have the following meanings:
"Affordable housing restriction", a recorded instrument held
by a qualified holder which encumbers or restricts a real property
interest so that the real property interest is perpetually, or for
a term of at least 30 years, limited to use as a residence occupied
by a low or moderate income household that earns less than a specified
income level, the upper limit of which may not exceed 175% of the
Nantucket median income; provided, however, that a "qualified holder"
shall be a governmental body or charitable corporation or trust that
qualifies under the terms of chapter 184 of the General Laws to hold
an affordable housing restriction as defined in section 31 of said
chapter 184; and provided further, that without limiting the generality
of the foregoing, an affordable housing restriction shall include
any instrument that conforms to the requirements of: (i) a Nantucket
housing needs covenant as described in chapter 301 of the acts of
2002 and defined from time to time in the town of Nantucket code;
or (ii) an affordable housing restriction complying with the definition
and other requirements of said chapter 184.
"Commission", the Nantucket Islands Land Bank Commission established
in section 3.
"Fund" shall refer to the Nantucket Islands Land Bank Fund,
established under the provisions of Section 8.
"Institutional lender," any bank defined in MGL C. 167, § 1,
any insurance company defined in MGL C. 175, § 1, and any
mortgage company or investment company that made more than twenty
(20) mortgages in the calendar year preceding the year of the relevant
mortgage for the purposes of Subsection (m) of Section 12 and any
national bank, federal savings and loan association, federal savings
bank, bank holding company or state or federally chartered credit
union.
"Land bank," the Nantucket Islands Land Bank, established by
Section 2.
"Purchaser," the transferee, grantee or recipient of any real
property interests.
"Purchase price," all consideration paid or transferred by or
on behalf of a purchaser to a seller or his nominee or for his benefit,
for the transfer of any real property interest and shall include but
not be limited to all cash or its equivalent so paid or transferred;
all cash or other property paid or transferred by or on behalf of
the purchaser to discharge or reduce any obligation of the seller;
the principal amount of all notes or their equivalent or other deferred
payments, given or promised to be given by or on behalf of the purchaser
to the seller or his nominee; the outstanding balance of all obligations
of the seller which are assumed by the purchaser or to which the real
property interest transferred remains subject after the transfer,
determined at the time of transfer, but excluding real estate taxes
and other municipal liens or assessments which are not overdue at
the time of transfer; the fair market value, at the time of transfer,
of any other consideration or thing of value paid or transferred by
or on behalf of the purchaser, including but not limited to any property,
goods or services paid, transferred or rendered in exchange for such
real property interest.
"Real property interest", any present or future legal or equitable
interest in or to real property, and any beneficial interest therein,
including the interest of any beneficiary in a trust which holds any
legal or equitable interest in real property; the interest of a partner
or member in a partnership or limited liability company, the interest
of a stockholder in a corporation, the interest of a holder of an
option to purchase real property, the interest of a buyer or seller
under a contract for purchase and sale of real property, and the transferable
development rights created under chapter 183A of the General Laws;
but shall not include any interest which is limited to any of the
following: the dominant estate in any easement or right of way; the
right to enforce any restriction; any estate at will or at sufferance;
any estate for years having a term of less than 30 years; any reversionary
right, condition, or right of entry for condition broken; and the
interest of a mortgagee or other secured party in any mortgage or
security agreement.
"Seller," the transferor, grantor or immediate former owner
of any real property interests.
"Time of transfer," of any real property interest shall mean
the time at which such transfer is legally effective as between the
parties thereto and, in any event, with respect to a transfer evidenced
by an instrument recorded with the appropriate Registry of Deeds or
filed with the Assistant Recorder of the appropriate Registry District,
not later than the time of such recording or filing.
St. 1983, Ch. 669, § 1. Amended by St. 2002, Ch. 370, § 1; St. 2010, Ch. 354, § 1; St. 2016, Ch. 407, § 1.
SECTION 2. There is hereby established a Nantucket Islands Land
Bank, to be administered by a Commission established by Section 3,
for the purpose of acquiring, holding and managing land and interests
in land of the types set forth in Section 5. The land bank is hereby
constituted a body politic and corporate and a public instrumentality
and the exercise of powers herein conferred upon the land bank shall
be deemed to be the performance of an essential governmental function.
St. 1983, Ch. 669, § 2. Amended by St. 1984, Ch. 407,
§ 1.[1]
SECTION 3. The land bank shall be administered by a Commission
consisting of five (5) persons elected for staggered five-year terms,
and provided that the County Commissioners of Nantucket County shall
appoint the initial five (5) persons forthwith upon acceptance of
this Act, to serve until the first annual election of the members
to be held at the first annual town election following the acceptance
of this Act. Members shall be legal residents of Nantucket County
and shall serve without compensation. The Commission shall elect a
Chairman and a Secretary/Treasurer from among its members and may
adopt reasonable rules and regulations for the conduct of its affairs
and the management of its holdings not inconsistent with the provisions
of this Act. Decisions of the Commission shall be by majority vote
of those present and voting, and no business shall be transacted without
three (3) members present. The Commission shall keep accurate records
of its meetings and actions and shall file an annual report which
shall be printed in the Annual Town Report. Any vacancy on the Commission
shall be filled until the next annual town election by majority vote
of the remaining Commissioners then in office. At the next annual
town election a Commissioner shall be elected for the balance of the
unexpired term.
St. 1983, Ch. 669, § 3. Amended by St. 1991, Ch. 392,
§ 1.
SECTION 4. The Commission shall, subject to the provisions of
this Act, have the power and authority to (a) purchase and acquire
fee simple interests and any lesser interests in any land in Nantucket
County, of the types set forth in Section 5, including any improvements
thereon; (b) accept gifts of any such interests in land, or of funds
to further the purposes of the land bank; (c) take any such interests
in land by eminent domain pursuant to MGL C. 79, and only by a vote
of the Commission in which at least four (4) members vote in favor
of such taking and further only after having been authorized to do
so in each instance by a two-thirds vote of an Annual Town Meeting
of the Town of Nantucket, and further provided that a reasonable effort
shall first be made to negotiate the acquisition thereof by purchase
prior to such taking; (d) dispose of all or any portion of its interests
in any land or interests thereon held by it, subject to the provisions
of Article XCVII of the Articles of Amendments to the Constitution
of Massachusetts to the extent applicable; (e) incur debt, pledging
the full faith and credit of the Town of Nantucket or of Nantucket
County, or of both, only after having been authorized to do so in
each instance by a two-thirds vote of a Town Meeting of the Town of
Nantucket; (f) hire such staff and obtain such professional services
as are necessary in order to perform its duties; (g) administer and
manage land and interests in land held by it in a manner which allows
public use and enjoyment consistent with the natural and scenic resources
thereof; (h) lease real property as may be held by the land bank for
purposes consistent with this Act; and (i) finance and construct recreational
facilities, subject to the provisions of Section 6.
St. 1983, Ch. 669, § 4. Amended by St. 1987, Ch. 666,
§ 1.[2]
SECTION 4A. The Town of Nantucket is hereby authorized to appropriate
money to be deposited in the Nantucket Islands Land Bank fund as provided
in Section 8 and to provide funds to repay notes of the town issued
pursuant to Section 4C and, when authorized by a two-thirds vote as
defined in MGL C. 44, § 1, to incur debt of the town for
such purposes in accordance with the provisions of MGL C. 44, § 7,
Clause (3).
St. 1984, Ch. 407, § 2.
SECTION 4B. The land bank is hereby empowered to issue its bonds
and notes, including notes in anticipation of bonds, for the purpose
of acquiring land and interests in land as provided in Section 4.
The proceeds of such bonds or notes may be used to pay, in whole or
in part, acquisition costs; to provide reserves for debt service and
other expenses; to pay consulting, appraisal, advisory and legal fees
and costs incidental to the issuance and sale of such bonds or notes;
to purchase, refund or renew bonds or notes previously issued; and
to pay any other costs and expenses of the land bank necessary for
the accomplishment of its purposes. Bonds or notes issued under this
Act shall be authorized by the Commission, which shall have full power
and authority to determine the amount, form, terms, conditions, provisions
for the payment of interest and all other details thereof and to provide
for their sale and issuance at such price and in such manner as the
Commission shall determine, subject only to any limitations set forth
in this Act. Unless the Town of Nantucket shall have authorized by
a two-thirds vote of a Town Meeting the pledging of the full faith
and credit of the Town of Nantucket or of Nantucket County to secure
an issue of bonds or notes of the land bank, all bonds or notes issued
hereunder shall be payable solely from the fees and other revenues
of the land bank pledged to their payment and shall not be deemed
a pledge of the full faith and credit of the Town or County of Nantucket,
the commonwealth or any political subdivision therein.
The Commission may enter into any agreements, including, without
limitation, a loan agreement and a trust agreement necessary to effectuate
and to secure any bonds or notes issued by the land bank. Such agreements
may pledge or assign, in whole or in part, the revenues and other
money held or to be received by the land bank. Such agreements may
contain such provisions for protecting and enforcing the rights, security
and remedies of the holders of such bonds or notes, including, without
limiting the generality of the foregoing, provisions defining defaults
and providing for remedies in the event thereof which may include
the acceleration of maturities and covenants setting forth the duties
of and limitations on the land bank in relation to the custody, safeguarding,
investment and application of money, the issuance of additional debt
obligations, the use of any surplus proceeds of the borrowing, including
any investment earnings thereon, and establishment of special funds
and reserves.
The pledge of any such agreement shall be valid and binding
and shall be deemed continuously perfected for the purposes of the
Uniform Commercial Code from the time when the pledge is made; the
revenues, money, rights and proceeds so pledged and then held or thereafter
acquired or received by the land bank shall immediately be subject
to the lien of such pledge without any physical delivery or segregation
thereof or further act; and the lien of any such pledge shall be valid
and binding against all parties having claims of any kind in tort,
contract or otherwise against the town or county, irrespective of
whether such parties have notice thereof. No document by which a pledge
is created need be filed or recorded, except in the records of the
land bank, and no filing need by made under the Uniform Commercial
Code.
The trustee, with respect to any such trust agreement entered
into pursuant to this section, shall be a trust company or a bank
having the powers of a trust company within the commonwealth. Any
such trust agreement may provide that any money received thereunder
may be held, deposited or invested by the trustee, notwithstanding
the provisions of Section 8, pending the disbursement thereof, in
any deposits or investments which are lawful for the funds of savings
banks and shall provide that any officer with whom or any bank or
trust company with which such money shall be deposited shall act as
trustee of such money and shall hold and apply the same for the purposes
hereof and thereof, subject to such regulation or limitation as this
Act or such trust agreement may provide.
It shall be lawful for any bank or trust company within the
commonwealth to act as depository of the proceeds of bonds or notes,
revenues or other money hereunder and to furnish such indemnifying
bonds or to pledge such security, if any, as may be required by the
Commission. Any trust agreement entered into pursuant to this section
may set forth the rights and remedies of the holders of any bonds
or notes and of the trustee and may restrict the individual rights
of action by any such holders. In addition to the foregoing, any such
trust agreement may contain such other provisions as the Commission
may deem reasonable and proper. All expenses incurred in carrying
out the provisions of such trust agreement may be treated as part
of the cost of operation of the land bank and paid from the revenues
or other funds pledged or assigned to the payment of the principal
of the premium, if any, and interest on the bonds or notes or from
any other funds available to the land bank. In addition to other security
provided herein or otherwise by law, bonds or notes issued under this
section may be secured, in whole or in part, by insurance or by letters
or lines of credit or other credit facilities issued to the land bank
by any bank, trust company or other financial institution, within
or without the commonwealth, and the land bank may pledge or assign
any of its revenues as security for the reimbursement by the land
bank to the issuers of such letters or lines of credit, insurance
or credit facilities of any payments made thereunder.
St. 1984, Ch. 407, § 2.
SECTION 4C. If at any time any principal or interest is due
or about to come due on any bonds or notes of the land bank to secure
which the full faith and credit of the Town of Nantucket or Nantucket
County shall have been pledged and funds to pay the same are not available,
the Commission shall certify to the Town Treasurer and Selectmen of
the town or to the County Treasurer and County Commissioners of the
county, as appropriate, the amount required to meet such obligations,
and the Town Treasurer or the County Treasurer shall thereupon pay
over to the land bank the amount so certified from any funds in the
treasury. For the purpose of providing or restoring to the treasury
the sums so paid over to the land bank, the Town Treasurer, with the
approval of the Selectmen, is authorized to incur debt outside the
Town's debt limit and issue notes therefor for a period not exceeding
two (2) years and to renew or refund the same from time to time until
the town shall have received from the land bank sufficient funds to
repay such notes and the interest thereon in full. Whenever the town
or the county shall have been required to pay over any sums of money
to the land bank under this section, the land bank shall be precluded
from acquiring any additional property or issuing any of its bonds
or notes for purposes other than repaying the town, until the land
bank shall have repaid the town in full for all sums paid to the land
bank hereunder, including interest on any notes issued for such purpose,
unless the town shall have appropriated sufficient funds for such
purpose at a Town Meeting.
St. 1984, Ch. 407, § 2.
SECTION 4D. Bonds and notes issued under the provisions of this
Act are hereby made securities in which all public officers and public
bodies of the commonwealth and its political subdivisions, all insurance
companies, trust companies in their commercial departments, savings
banks, cooperative banks, banking associations, investment companies,
executors, administrators, trustees and other fiduciaries may properly
and legally invest funds, including capital in their control or belonging
to them. Such bonds and notes are hereby made securities which may
properly and legally be deposited with and received by any state or
municipal officer or any agency or political subdivision of the commonwealth
for any purpose for which the deposit of bonds or obligations of the
commonwealth is now or may hereafter be authorized by law.
St. 1984, Ch. 407, § 2.
SECTION 4E. Notwithstanding any of the provisions of this Act
or any recitals in any bonds or notes issued under this Act, all such
bonds and notes shall be deemed to be investment securities under
the Uniform Commercial Code.
St. 1984, Ch. 407, § 2.
SECTION 4F. Bonds and notes may be issued under this Act without
obtaining the consent of any department, division, commission, board,
bureau or agency of the Town or County of Nantucket, except that the
full faith and credit of the Town or County of Nantucket shall not
be pledged for the payment of such bonds or notes unless such pledge
shall have been authorized by a two-thirds vote as provided in Section
4, and without any other proceedings or the happening of any other
conditions or things than those proceedings, conditions or things
which are specifically required therefor by this Act. The validity
of and security for any bonds and notes issued by the land bank shall
not be affected by the existence or nonexistence of any such consent
or other proceedings, conditions or things.
St. 1984, Ch. 407, § 2.
SECTION 4G. The land bank and all its revenues, income and real
and personal property used solely by the land bank in furtherance
of its public purposes shall be exempt from taxation and from betterments
and special assessments and the land bank shall not be required to
pay any tax, excise or assessment to or for the commonwealth or any
of its political subdivisions. Bonds and notes issued by the land
bank, their transfer and the income therefrom, including any profit
made on the sale thereof, shall at all times be exempt from taxation
within the commonwealth.
St. 1984, Ch. 407, § 2.
SECTION 5. Land to be acquired and held as part of the land
bank or interests in which are to be so acquired and held shall be
situated in Nantucket County and may consist of any of the following
types of land and interests therein: (a) ocean, harbor and pond frontage
in the form of beaches, dunes and adjoining backlands; (b) barrier
beaches; (c) fresh- and salt water marshes, estuaries and adjoining
uplands; (d) heathland and moors; (e) land providing access to ocean,
harbor and pond frontage and land for bicycle paths; (f) land for
future public recreational facilities and use; (g) recreation land
to protect existing and future wellfields and aquifer recharge areas;
and (h) land used or to be used for agricultural purposes.
St. 1983, Ch. 669, § 1. Amended by St. 1987, Ch. 666,
§ 2.[3]
SECTION 6. The Commission shall retain any real property interest
relating to land and water areas acquired pursuant to this Act predominantly
in its natural, scenic or open condition except as provided for by
this section. Except upon the approval of the Secretary of Environmental
Affairs and, where appropriate, subject to the General Laws, any special
law or the Constitution of Massachusetts, the Commission shall not
allow (a) construction or placing of buildings, roads, signs, billboards
or other advertising utilities or other structures on or above the
surface, (b) dumping or placing of soil or other substance or material
as landfill or dumping or placing of trash, waste or unsightly or
offensive materials, (c) removal or destruction of trees, shrubs or
other vegetation, (d) excavation, dredging or removal of loam, peat,
gravel, soil, rock or other mineral substance in such manner as to
affect the surface, (e) surface use, except for purposes permitting
the land or water area to remain predominantly in its natural condition,
(f) activities detrimental to drainage, flood control, water conservation,
erosion control or soil conservation, or (g) other acts or uses detrimental
to such retention of land or water areas. In determining whether or
not to approve a request from the Commission to use, improve or dispose
of any real property interest acquired by said Commission in a manner
otherwise prohibited by this section, the Secretary shall consider
whether such request is in the interest of conservation and any natural,
state, regional or local program in furtherance thereof, and also
any public, state, regional or local comprehensive land use or development
plan affecting the land and any known proposal by a governmental body
for use of the land.
St. 1983, Ch. 669, § 6.
SECTION 7. The Commission shall file annually with the Secretary
of Environmental Affairs a conservation, public access and outdoor
recreation plan which shall be, as far as possible, consistent with
the Town Master Plan and with any regional planning relating to the
area. The Commission may from time to time amend such plan. The plan
shall show all real property interests then currently held by the
Commission, including a description of the use thereof, and all acquisitions,
improvements or dispositions of real property interests held by the
Commission at any time during the year preceding each filing, including
the reasons for such acquisition, improvement or disposition; the
Secretary of Environmental Affairs may require any other information
he deems important.
St. 1983, Ch. 669, § 7.
SECTION 8. The Commission shall meet its financial obligations
by drawing upon a Nantucket Islands Land Bank Fund to be set up as
a revolving or sinking account within the Treasury of Nantucket County.
Deposits into the fund shall include (a) funds appropriated to be
deposited into the fund by vote of the County Commissioners of Nantucket
County or of a Town Meeting of the Town of Nantucket; (b) voluntary
contributions of money and other liquid assets to the fund; (c) revenues
from fees imposed upon the transfer of real property interests as
set forth in Section 10 occurring after the effective date of this
Act as set forth in Section 15, together with payments of interest
and penalties under Section 13; (d) proceeds from disposal of real
property or interests; and (e) funds received from any federal, state,
county, region, district or municipal source. The Commission is further
authorized to accept state and federal funds to carry out the purposes
of this Act as if the Commission were in fact a district, city, town,
region, county, state, or state agency within the meaning of legislation
authorizing any grant consistent with the purposes of this Act. All
expenses lawfully incurred by the Commission in carrying out the provisions
of this Act shall be evidenced by proper vouchers and shall be paid
by the County Treasurer only upon submission of warrants duly approved
by the Commission. The County Treasurer of said county shall prudently
invest available assets of the fund, and all income thereon shall
accrue to the fund. Real property held in the name of the Nantucket
Islands Land Bank or its designee shall be exempt from property taxes
as of the date of the acquisition of title by the Nantucket Islands
Land Bank or its designee; and any taxes assessed against such real
property interests shall be abated for that portion of any fiscal
year during which the real property interest was owned by the Nantucket
Islands Land Bank or its designee.
St. 1983, Ch. 669, § 8. Amended by St. 1987, Ch. 666,
§ 3,[4] and St. 1991, Ch. 392, § 2.
SECTION 9.
(a) The Commission shall keep a full and accurate account of
its actions, including a record as to when, from or to whom, and on
what account money has been paid or received relative to this Act,
and as to when, from and to whom, and for what consideration real
property interests have been acquired, improved or disposed of. Said
records and accounts shall be subject to examination by the director
of accounts or his agent pursuant to § 45 of Chapter 35
of the General Laws.
The County Treasurer shall keep a full and accurate account
stating when, from or to whom and on what account money has been paid
or received relative to the activities of the Commission and the land
bank. Said account shall be subject to examination by the Director
of Accounts or his agent pursuant to § 44 of Chapter 35
of the General Laws.
(b) Schedules of beneficiaries of trusts, list of stockholders of corporations and lists of partnerships filed with the Commission for the purpose of determining or fixing the amount of the fee imposed under Section 10 or for the purpose of determining the existence of any exemption under Section 12 shall not be public records for the purposes of § 10 of Chapter 66 of the General Laws.
SECTION 10. There is hereby imposed a fee equal to two percent
(2%) of the purchase price upon the transfer of any real property
interest in any real property situated in Nantucket County. Said fee
shall be the liability of the purchaser of such real property interest,
and any agreement between the purchaser and the seller or any other
person with reference to the allocation of the responsibility for
bearing said fee shall not affect such liability of the purchaser.
The fee shall be paid to the Commission or its designee and shall
be accompanied by a copy of the deed or other instrument evidencing
such transfer, if any, and an affidavit signed under oath or under
the pains and penalties of perjury by the purchaser or his legal representative,
attesting to the true and complete purchase price and the basis, if
any, upon which the transfer is claimed to be exempt in whole or in
part from the fee imposed hereby. The Commission or its designee shall
promptly thereafter execute and issue a certificate indicating that
the appropriate fee has been paid or that the transfer is exempt from
the fee, stating the basis for the exemption. The Register of Deeds
for Nantucket County and the Assistant Recorder for the Registry District
of Nantucket County shall not record or register or receive or accept
for recording or registration any deed, except a mortgage deed, to
which has not been affixed such a certificate executed by the Commission
or its designee. Failure to comply with this requirement shall not
affect the validity of any instrument. The Commission shall deposit
all fees received hereunder with the County Treasurer of Nantucket
County as a part of the fund established by Section 8. The fee imposed
hereunder shall be due simultaneously with the time of transfer of
the transfer upon which it is imposed. Notwithstanding the foregoing,
whenever there is a conveyance of real property interests and a conveyance
of personalty related thereto at or about the same time, the allocations
of payments between real estate and personalty agreed to by the purchaser
and seller shall not determine the amount of the fee due pursuant
to this section; instead, the Commission may require payment of the
fee referred to in real property interests so conveyed as determined
by the Commission.
St. 1983, Ch. 669, § 10. Amended by St. 1987, Ch.
666, § 4.[6]
SECTION 10A. (Reserved)
St. 1987, Ch. 666, § 5. Amended by St. 2002, Ch. 370, § 2. Repealed by St. 2010, Ch. 354, § 2.
SECTION 11. At any time within seven (7) days following the
issuance of the certificate of payment of the fee imposed by Section
10, the purchaser or his legal representative may return said certificate
to the Commission or its designee for cancellation, together with
an affidavit signed under oath or under the pains and penalties of
perjury that the transfer, with respect to which such certificate
was issued, has not been consummated, and thereupon the fee paid with
respect to such transfer shall be forthwith returned to the purchaser
or his legal representative.
St. 1983, Ch. 669, § 11.
SECTION 12. The following transfers of real property interests
shall be exempt from the fee established by Section 10. Except as
otherwise provided, the purchaser shall have the burden of proof that
any transfer is exempt hereunder. Any otherwise exempt transfer shall
not be exempt in the event that such transfer, by itself or as part
of a series of transfers, was made for the primary purpose of evading
the fee imposed by section 10.
(a) Transfers to the government of the United States, the commonwealth
and any of its' instrumentalities, agencies or subdivisions.
(b) Transfers which, without additional consideration, confirm,
correct, modify or supplement a transfer previously made.
(c) Transfers made as gifts without consideration. In any proceeds
to determine the amount of any fee due hereunder, it shall be presumed
that any transfer for consideration of less than fair market value
of the real property interests transferred was made as a gift without
consideration to the extent of the difference between the fair market
value of the real property interests and the amount of consideration
claimed by the purchaser to have been paid or transferred, if the
purchaser shall have been at the time of transfer the spouse, the
lineal descendant or the lineal ancestor of the seller, by blood or
adoption, and otherwise it shall be presumed that consideration was
paid in an amount equal to the fair market value of the real property
interests transferred, at the time of transfer.
(d) Transfer to the trustees of a trust in exchange for a beneficial
interest received by the seller in such trust; distributions by the
trustees of a trust to the beneficiaries of such trust.
(e) Transfers by operation of law without actual consideration,
including but not limited to transfers occurring by virtue of the
death or bankruptcy of the owner of a real property interest.
(f) Transfers made in partition of land and improvements thereto,
under MGL C. 241.
(g) Transfers to any charitable organization as defined in MGL
C. 59, § 5, Clause Third, or any religious organization,
provided that the real property interests so transferred will be held
by the charitable or religious organization solely for its public
charitable or religious purposes.
(h) Transfers to a mortgagee in foreclosure of the mortgage
held by such mortgagee, and transfers of the property subject to a
mortgage to the mortgagee in consideration of the forbearance of the
mortgagee from foreclosing said mortgage.
(i) Transfer made to a corporation or partnership or limited
liability company at the time of its formation, pursuant to which
transfer no gain or loss is recognized under the provisions of Section
351 or Section 721 of the Internal Revenue Code of 1986, as amended;
provided, however, that such transfer shall be exempt only in the
event that (i) with respect to a corporation, the transferor retains
an interest in the newly formed corporation which is equivalent to
the interest the transferor held prior to the transfer, or (ii) with
respect to a partnership or limited liability company, the transferor
retains after such formation rights in capital interests and profit
interests within such partnership or limited liability company which
are equivalent to the interest the transferor held prior to the transfer.
(j) Transfers made to a stockholder of a corporation in liquidation
or partial liquidation of the corporation, and transfers made to a
partner of a partnership or to a member of a limited liability company
in dissolution or partial dissolution of the partnership or limited
liability company; but the transfer shall be exempt only if (i) with
respect to a corporation, the transferee receives property, including
real property interests and other property received, which is the
same fraction of the total property of the transferor corporation
as the fraction of the corporation's stock owned by the transferee
prior to the transfer, or (ii) with respect to a partnership or limited
liability company, the transferee receives property, including real
property interests and other property received, which is the same
fraction of the property of the partnership or limited liability company
as the fraction of the capital and profit interests in the transferor
formerly owned by the transferee.
(k) Transfers consisting of the division of marital assets under
the provisions of MGL C. 208, § 34 or other provisions of
law.
(l) Transfers of property consisting in part of real property
interests situated in Nantucket County and in part of other property
interests, to the extent that the property transferred consists of
property other than real property situated in Nantucket County; provided
that the purchaser shall furnish the Commission with such information
as it shall require or request in support of the claim of exemption
and manner of allocation of the consideration for such transfers.
(m) An amount determined on or before January 1 of each year
by the land bank commission after due analysis of the range of real
estate prices and in no event less than $400,000 of the purchase price
of a transfer made to a purchaser who, or whose spouse at the time
of transfer, has at no time before the said transfer owned or possessed
any real property interest as defined in section 1 either within or
without Nantucket county, but the purchaser shall make the real property
interest which is the subject of the transfer the purchaser's actual
domicile within 1 year of the time of transfer, and shall remain permanently
or for an indefinite time and without any certain purpose to return
to a former place of abode. In the event of a later transfer within
5 years of the transfer exempted from the fee under this paragraph,
other than the transfer of a mortgage to an institutional lender,
the fee exempted shall become due, together with accumulated interest
and penalties, and in addition to any fee otherwise due as a result
of the later transfer. The purchaser shall certify as to the foregoing,
and the Commission shall attach to the deed a certificate which shall
recite the fact that there is running with the land a lien equal to
the amount of the fee exempted plus accumulated interest and penalties
until such time as all conditions of this subsection have been met.
(n) Transfers of minority interests in corporations, trusts,
partnerships or limited liability companies which are publicly traded,
which trades are not part of a series of transfers which together
constitute a transfer of control of a corporation, trust, partnership
or limited liability company.
(o) Transfer of a real property interest that is subject to
and used consistent with an affordable housing restriction; provided,
however, that the affordable housing restriction has a term remaining
at the time of the transfer of not less than five years; and provided
further, that the purchaser shall make the real property interest,
that is the subject of the transfer, the purchaser's actual domicile
within two years of the time of transfer and shall remain permanently
or for an indefinite time and without any certain purpose to return
to a former place of abode for a period lasting not less than the
fifth anniversary of the transfer. Notwithstanding this paragraph,
if the real property interest is transferred again within five years
and the later transfer complies with this paragraph, a fee, interest
or penalty shall not be due. If the holder of an affordable housing
restriction determines within five years of the transfer that the
real property interest to which it pertains is not being used consistent
with the requirements of the affordable housing restriction or if
a later transfer within five years that does not comply with this
paragraph, the fee exempted hereunder shall become due, together with
the accumulated interest and penalties calculated from the date of
the transfer exempted hereunder. The purchaser shall certify as to
the foregoing and the commission shall attach to the deed a certificate
that shall recite the fact that there is running with the land a lien
equal to the amount of the fee exempted plus accumulated interest
and penalties until such time as all conditions of this paragraph
have been met.
St. 1983, Ch. 669, § 12. Amended by St. 1984, Ch.
407, § 3;Historical Note: St. 1984, Ch. 407, § 3,
extended the amount of time allowed before domicile requirement from
one (1) year to two (2) years (line 7) and deleted "with the intention
to remain permanently or for an indefinite time and without any certain
purpose to return to a former place of abode." St. 1987, Ch. 666,
§§ 6, 7 and 8; St. 2002, Ch. 370, §§ 4,
5 and 6[7][8][9][10][11] St. 1991, Ch. 392, § 3; St. 2002, Ch. 370, § 5; St. 2006, Ch. 130; St. 2010, Ch. 354, §§ 3, 4, 5, 6; St. 2016, Ch. 407, § 2.
SECTION 13. A purchaser who fails to pay all or any portion
of the fee established by Section 10 on before the time when the same
is due shall be liable for the following additional payments in addition
to said fee:
(a) Interest: The purchaser shall pay interest on the unpaid
amount of the fee to be calculated from the time of transfer at a
rate equal to fourteen percent (14%) per annum.
(b) Penalties: Any person who, without fraud or willful intent
to defeat or evade a fee imposed by this chapter, fails to pay all
or a portion of the fee within thirty (30) days after the time of
transfer, shall pay a penalty equal to five percent (5%) of the outstanding
fee as determined by the Commission for each month or portion thereof
thereafter that the fee is not paid in full; provided, however, that
in no event shall the amount of any penalty imposed hereunder exceed
twenty-five percent (25%) of the unpaid fee due at the time of transfer.
Whenever the Commission determines that all or a portion of a fee
due under this chapter was unpaid due to fraud with intent to defeat
or evade the fee imposed by this chapter, a penalty equal to the amount
of said fee as determined by the Commission shall be paid by the purchaser
in addition to said fee.
St. 1983, Ch. 669, § 13.
SECTION 14. (a) The Commission shall notify a purchaser by registered
or certified mail of any failure to discharge in full the amount of
the fee due under this Act and any penalty or interest assessed. The
Commission shall grant a hearing on the matter of the imposition of
said fee or of any penalty or interest assessed, if a petition requesting
such hearing is received by the Commission within thirty (30) days
after the mailing of said notice. The Commission shall notify the
purchaser in writing by registered or certified mail of its determination
concerning the deficiency, penalty or interest within fifteen (15)
days after said hearing. Any party aggrieved by a determination of
the Commission concerning a deficiency, penalty or interest may, after
payment of said deficiency, appeal to the District or Superior Court
within three (3) months after the mailing of notification of the determination
of the Commission. Upon the failure to timely petition for a hearing
or appeal to said Courts within the time limits hereby established,
the purchaser shall be bound by the terms of the notification, assessment
or determination, as the case may be, and shall be barred from contesting
the fee and any interest and penalty, as determined by the Commission.
All decisions of said Courts shall be appealable. Every notice to
be given under this section by the Commission shall be effective if
mailed by certified or registered mail to the purchaser at the address
stated in a recorded or registered instrument by virtue of which the
purchaser holds any interest in land, the transfer of which gives
rise to the fee which is the subject of such notice; and if no such
address is stated or if such transfer is not evidenced by an instrument
recorded or registered in the public records in Nantucket County,
such notice shall be effective when so mailed to the purchaser in
care of any person appearing of record to have a fee interest in such
land, at the address of such person as set forth in an instrument
recorded or registered in Nantucket County.
(b) All fees, penalties and interest required to be paid pursuant
to this chapter shall constitute a personal debt of the purchaser
and may be recovered in an action of contract or in any other appropriate
action, suit or proceeding brought by the Commission; said action,
suit or proceeding shall be subject to the provisions of MGL C. 206.
(c) If any purchaser liable to pay the fee established by this
Act neglects or refuses to pay the same, the amount, including any
interest and penalty thereon, shall be a lien in favor of the Commission
upon all property and rights to property, whether real or personal,
belonging to such purchaser. Said lien shall arise at the time of
transfer and shall continue until the liability for such amount is
satisfied. Said lien shall in any event terminate not later than six
(6) years following the time of transfer. Said lien shall not be valid
as against any mortgagee, pledgee, purchaser or judgment creditor
unless notice thereof has been filed by the Commission (a) with respect
to real property or fixtures in the registry of deeds for Nantucket
County, or (b) with respect to personal property, in the office in
which a security or financing statement or notice with respect to
the property would be filed in order to perfect a nonpossessory security
interest belonging to the person named in the relevant notice, subject
to the same limitations as set forth in MGL C. 62C, § 50.
In any case where there has been a refusal or neglect to pay
any fee, interest or penalties imposed by this act, whether or not
levy has been made, the Commission, in addition to other modes of
relief, may direct a civil action to be filed in a District or Superior
Court of the Commonwealth to enforce the lien of the Commission under
this section with respect to such liability or to subject any property
of whatever nature of the delinquent, or in which he has any right,
title or interest, to the payment of such liability.
The Commission may issue a waiver or release of any lien imposed
by this section. Such waiver or release shall be conclusive evidence
that the lien upon the property covered by the waiver or release is
extinguished.
(d) If the commission has determined that a fee is due by asserting
the application of the evasion of fee doctrine described in section
12, then the transferee shall have the burden of demonstrating by
clear and convincing evidence as determined by the commission that
the transfer, or series of transfers, possessed both: (i) a valid,
good faith business purpose other than avoidance of the fee set forth
in section 10 and (ii) economic substance apart from the asserted
fee avoidance benefit. In all such cases, the transferee shall also
have the burden of demonstrating by clear and convincing evidence
as determined by the commission that the asserted non-fee-avoidance
business purpose is commensurate with the amount of the fee pursuant
to section 10 to be thereby avoided.
SECTION 14A. Upon termination or dissolution of the land bank,
the title to all funds and other properties owned by it which remain
after payment or the making of provision for payment of all bonds,
notes and other obligations of the land bank shall vest in the Town
of Nantucket.
St. 1984, Ch. 407, § 4.
SECTION 14B. This Act, being necessary for the welfare of the
Town and County of Nantucket and their inhabitants, shall be liberally
construed to effect the purposes hereof.
St. 1984, Ch. 407, § 4.
SECTION 14C. The provisions of this Act are severable, and if
any provision hereof, including without limitation any exemption from
the fee imposed hereby, shall be held invalid in any circumstances,
such invalidity shall not affect any other provisions or circumstances.
This Act shall be construed in all respects so as to meet all constitutional
requirements. In carrying out the purposes and provisions of this
Act, all steps shall be taken which are necessary to meet constitutional
requirements, whether or not such steps are required by statute.
St. 1984, Ch. 407, § 4. Amended by St. 1985, Ch. 202,
§ 1.[13]
SECTION 15. This Act shall become effective upon its acceptance
by vote of a Town Meeting of the Town of Nantucket on February 1,
1984.
St. 1983, Ch. 669, § 15.
St. 1983, Ch. 669, approved December 20, 1983, effective February
1, 1984.
St. 1984, Ch. 407 approved December 27, 1984, emergency letter
January 3, 1984, 9:42 a.m.
St. 1985, Ch. 202, approved July 29, 1985, 1:15 p.m.
St. 1987, Ch. 666, approved January 6, 1988, effective February
5, 1988.
St. 1991, Ch. 392, approved December 23, 1991, effective December
23, 1991.
St. 1994, Ch. 309, approved December 29, 1994, effective December 29, 1994.
[1]
Historical Note: St. 1984, Ch. 407, § 1, added the
second sentence.
[2]
Historical Note: St. 1987, Ch. 666, § 1, added (h)
and (i) to Section 4.
[3]
Historical Note: St. 1987, Ch. 666, § 2 added (h).
[4]
Historical Note: St. 1987, Ch. 666, § 3 added the
last sentence.
[5]
Editor's Note: St. 1995, Ch. 309, approved 1-9-1995, was entitled "An Act Exempting Certain Documents Filed in Relation to the Nantucket Island Land Bank from the Definition of Public Records."
[6]
Historical Note: St. 1987, Ch. 666, § 4, added last
sentence to Section 10.
[7]
Editor's Note: Section 7 of Ch. 370 provided that the amendment
to Section 12(m) shall apply to transactions occurring after the effective
date of this act.
[8]
St. 1987, Ch. 666, § 6, added to (i): "; provided,
however, that such transfer shall be exempt only in the event that
(i) with respect to a corporation, the transferor retains a controlling
interest in such corporation after such formation, or (ii), with respect
to a partnership, the transferor retains after such formation rights
to capital interests in excess of fifty percent (50%) of the capital
interests within such partnership or retains rights to profit interests
within such partnership in excess of fifty percent (50%) of the total
profit interests within such partnership."
[9]
St. 1987, Ch. 666, § 7, added to (j): "; provided,
however, that such transfer shall be exempt only in the event that
(i) with respect to a corporation, the transferer had prior to the
transfer a controlling interest in such corporation, or (ii) with
respect to a partnership, the transferee had prior to the transfer
rights to capital interests in excess of fifty percent (50%) of the
total capital interests within such partnership or had rights to profit
interests within such partnership in excess of fifty percent (50%)
of the total profit interests within such partnership."
[10]
St. 1987, Ch. 666, § 8 amended (m) by substituting
the word "shall" for "intends to" on line 6.
[11]
St. 1991, Ch. 392, § 3, amended (i) to refer to
the Internal Revenue Code of 1986.
[12]
Historical Note: St. 1984, Ch. 407, § 5, amended
Subsection (c) of Section 14 by inserting after the word "62" the
letter: -C.
[13]
Historical Note: St. 1985, Ch. 202, § 1, amended
Section 14C by inserting the words "including without limitation any
exemption from the fee imposed hereby," in the first sentence.
ACTS, 1987. CHAP. 459
AN ACT ESTABLISHING A PARK AND RECREATION COMMISSION IN
THE TOWN OF NANTUCKET
SECTION 1. Section 2 of Chapter 169 of acts of 1965 is hereby
amended by striking out, in line 5, the words "park and recreation
commission."[1]
SECTION 2. There is hereby established in the Town of Nantucket a Park and Recreation Commission having the powers and duties of a park commission under the provisions of Chapter 45 of the General Laws. The Commission shall consist of five (5) members to be appointed by the Board of Selectmen. Initial appointments shall have one (1) member with a one-year term, two (2) members with two-year terms, and two (2) members with three-year terms; and thereafter each successor Commissioner shall have a full three-year term. 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.
SECTION 3. This act shall take effect upon its acceptance by
the Board of Selectmen of the Town of Nantucket.
Approved November 2, 1987.
[1]
Editor's Note: See ACTS, 1965, CHAP. 169, above.f
ACTS, 2002. CHAP. 301
AN ACT AUTHORIZING AFFORDABLE HOUSING COVENANTS IN THE
TOWN OF NANTUCKET.
Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same, as follows:
SECTION 1. The general court finds that there is a housing crisis
on Nantucket Island arising from the housing demand created by seasonal
visitors purchasing or renting housing in competition with the demand
created by seasonal employees, which competition then adversely affects
the ability of current or prospective residents to obtain housing.
SECTION 2. Notwithstanding the provisions of any general or
special law to the contrary, the town of Nantucket may adopt by-laws
to designate the Nantucket Housing Authority as the agency authorized
to create, administer and enforce Nantucket housing needs covenants.
These covenants shall run with the land for a specified number of
years or if no termination date is specified then in perpetuity, and
shall be executed by or on behalf of the owner of the land appropriate
to (a) limiting the use of all or part of the land to occupancy by
persons or families of middle income in either rental or other housing,
(b) restricting the resale price of all or part of the property in
order to ensure its affordability by future middle income purchasers,
or (c) in any way limiting or restricting the use or enjoyment of
all or any portion of the land for the purpose of encouraging or ensuring
the creation or retention of rental and other housing for occupancy
by middle income persons and families.
SECTION 3. For purposes of this act, "middle income persons
and households" shall mean persons and households earning less than
150 per cent of Nantucket county median household income as reported
from time to time by the United States Department of Housing and Urban
Development.
SECTION 4. This act shall take effect upon its passage.
ACTS, 2008. CHAP. 396
AN ACT AUTHORIZING THE ESTABLISHMENT OF THE NANTUCKET
SEWER COMMISSION AND SEWER DISTRICTS IN THE TOWN OF NANTUCKET.
SECTION 1. The town of Nantucket, acting by and through the
Nantucket sewer commission described in section 3, may lay out, plan,
construct, maintain and operate a system or systems of common sewers
for a part or whole of its territory, as may be from time to time
defined and established by adoption by town meeting of one or more
by-laws as a designated sewer district under the jurisdiction and
control of the sewer commission, with such capacity limitations, connections,
pumping stations, treatment plants and other works, as may be allocated
in such by-law to such sewer district as required for a system or
systems of sewage treatment and disposal, and may construct such sewers
and related works in said sewer districts defined and established
by by-law as may be necessary. No other sewers shall be constructed
in any public roads or ways of the town which are not within the limits
of such designated sewer districts and which are not under the control
of the sewer commission.
SECTION 2. The town may make and maintain, within sewer districts
defined and established as set forth in section 1 in any way therein
where common sewers are constructed, such connecting sewers within
the limits of such way as may be necessary to connect any estate which
abuts upon the way within such district.
SECTION 3. Notwithstanding the provisions of chapter 169 of
the acts of 1965, the town may, at any town meeting, by a two-thirds
vote, vote that the board of selectmen shall act as a Nantucket sewer
commission, or that there shall be a separate Nantucket sewer commission,
the members of which shall be appointed by the board of selectmen
or elected by popular vote for 3 year terms. The number, constitution
and the choice of elected or appointed commissioners of a separate
sewer commission shall also be determined by a two-thirds vote of
town meeting. If a separate Nantucket sewer commission is established
by town meeting, any selectman shall be eligible to serve as a member
thereof. Town meeting shall be authorized to change the method of
establishment of the Nantucket sewer commission described herein without
any limitation on the number of times such commission may be established
or re-established as the case may be, by a two-thirds vote. Whenever
the phrase "Nantucket sewer commissioners" appears in this act, such
phrase shall include within its meaning either the board of selectmen
acting as Nantucket sewer commissioners, or the separate appointed
or elected Nantucket sewer commission.
SECTION 4. The Nantucket sewer commission, acting for and on
behalf of the town of Nantucket, shall have charge of and shall be
responsible for the policies, finances, and overall goals of the sewer
system, but shall be subject to the charter of the town of Nantucket
as to the administration and management of the systems operation and
maintenance, and shall be responsible for the good order of all sewers,
pipes, pumping stations, treatment and disposal works, and the like.
The operations of the Nantucket sewer commission shall be governed
by, and any staff or employees shall be considered part of town administration
within the meaning of, the charter of the town of Nantucket unless
changed or modified pursuant to said charter.
SECTION 5. The board of selectmen acting for and on behalf of
the town of Nantucket, after being duly authorized to do so by town
meeting, may take by eminent domain pursuant to chapter 79 of the
General Laws or otherwise may, utilizing the procedures described
in the charter of the town of Nantucket acquire by purchase or gift
any lands, rights-of-way, or easements, public or private, in the
town necessary for accomplishing any purpose mentioned in this act
and may construct such sewers under or over any state road, any bridge,
pier, tidelands, boulevards or other public way, or within the location
of any state land, without the necessity for any formal filings in
the registry of deeds, and may enter upon and dig up any private land
or any public land or public way, for the purpose of laying such sewers
and of maintaining and repairing the same, and may do any other thing
proper or necessary for the purposes of this act.
SECTION 6. The financial operations of the sewer system shall be an Enterprise Fund within the meaning of section 53F1/2 of chapter 44 of the General Laws, except as modified herein, and any expenditure from such fund shall be only upon authorization of the Nantucket sewer commission. The town shall, by vote at town meeting, determine whether it shall pay the whole or a portion of the cost of said system or systems of sewerage and sewage disposal, and if a portion, what proportion. If the town votes to pay less than the whole cost, in providing for the payment of the remaining portion of the cost of said system or systems, the town, acting through the Nantucket sewer commission, may avail itself of any or all of the methods permitted by the General Laws; and the provisions of the General Laws relative to the assessment, apportionment, division, reassessment, abatement and collection of sewer assessments or the additional methods set forth in section 8, and as to liens therefor and to interest thereon, shall apply to assessments made pursuant to this act by the Nantucket sewer commission, except that interest shall be at the rate as may be established by the Nantucket sewer commission from time to time.
At the same meeting at which town meeting determines that any
portion of the cost is to be borne by the town, it may by vote determine
by which of such methods the remaining portion of said cost shall
be provided for.
The collector of taxes of said town shall certify the payment
or payments of any such assessment or apportionments thereof to the
sewer commission or to the selectmen acting as such, who shall preserve
a record thereof.
SECTION 7. The revenues received by the fund described in section
6 of this act from sewer assessments, fees, charges, contributions
from the town towards the costs of such sewer system as described
in section 6, and the like as receipts or revenues, shall be applied
to the payment of charges and expenses incident to the design, construction,
maintenance, and operation of said system or systems of sewerage and
sewage disposal or to the extensions thereof, to the payment of principal
or interest upon bonds or notes issued for sewer purposes, or to the
payment or redemption of such bonds or notes.
SECTION 8. The Nantucket sewer commission may, in its discretion,
prescribe for the users of said sewer systems and disposal works such
annual charges, connection fees, assessments, privilege fees, and
the like, based on the benefits derived therefrom as such sewer commission
may deem proper, subject however, to such by-laws as may be adopted
by vote of the town, or as may be provided for in the General Laws.
Notwithstanding any law to the contrary, the commission is authorized
to impose and collect such charges, fees, or assessments prior to
connection or operation of such system of sewers, and may enter into
agreements for the payment thereof over such time as the sewer commission
shall determine. In fixing the charges to be imposed for said system,
the Nantucket sewer commission is authorized to make use of any fee,
charge, assessment or betterment provided for by the General Laws
and further may take into consideration all costs for ongoing removal
of infiltration and inflow of non-wastewater into the system as part
of the normal operating costs of the system; may include, in setting
privilege fees, capital costs and interest charges applicable thereto;
may impose late fees for unpaid billings; may assess a capacity utilization
fee to new estates and properties added to a sewer district authorized
by this act from outside a designated needs area in addition to any
privilege fee; may charge betterments, special assessments, or any
other charge to the estates and properties being served by collection
system improvements and extensions to pay for all costs for sewer
line extensions to serve new connections, both within the sewer districts
authorized by the act and in any areas added to such sewer district;
and may impose such charges on properties within a sewer district
authorized by the act whether or not such estates and properties are
then connected to the sewer system.
SECTION 9. The Nantucket sewer commission may, from time to
time, adopt and prescribe rules and regulations for the means of connection
of estates and buildings with sewers and for inspection of the materials,
the construction, alteration, and use of all connections entering
to such sewers, but not including the expansion of districts except
as provided in sections 1 and 10, and may prescribe penalties, not
exceeding $300 for the violation of any such rule or regulation. Such
rules and regulations shall be available for public review at the
sewer commission's designated office during regular office hours.
Any changes, deletions, additions or revisions to said rules and regulations
deemed necessary by the Nantucket sewer commission from time to time,
shall take full effect after a notice of change has been published
at least once a week for 2 successive weeks in a newspaper of general
circulation in the town of Nantucket, which notice shall detail where
and when such revised rules and regulations may be viewed by the general
public.
SECTION 10. Notwithstanding any provision of law to the contrary,
owners of land not within the sewer districts defined and established
pursuant to section 1 of this act shall not be permitted to connect
to the town's sewer system except as is set forth in this act. The
territory covered by said sewer districts may be amended from time
to time by the board having charge of sewers, after a public hearing
conducted to consider such amendment, upon approval of the department
of environmental protection if otherwise required by law and upon
enactment by town meeting of a by-law defining or establishing a new
or expanded sewer district. In the event that the board having charge
of sewers votes not to amend the territory of any sewer district in
accordance with the foregoing sentence, the amendment may nevertheless
be enacted in a form of a by-law upon a two-thirds vote of town meeting.
Any by-law adopted pursuant to the authority granted to the
town of Nantucket by this act may include authorization to the Nantucket
sewer commission without a town meeting vote to add to the sewer districts
created pursuant to this act properties located within "needs areas"
as defined by Nantucket's Comprehensive Wastewater Management Plan
prepared by Earth Tech dated March 2004, approved by the secretary
of environmental affairs on May 14, 2004, with such conditions and
limitations with respect to such authorization as such by-law may
provide.
SECTION 11. Notwithstanding anything to the contrary contained
herein, the board having charge of the maintenance and repair of sewers
may at any time permit extensions, new connections or increases in
flow to the sewer system, subject to capacity, to serve municipal
buildings or public restrooms or other public service uses as defined
by the municipality; provided, however, that such uses may include,
but shall not be limited to, affordable housing constructed pursuant
to chapters 40B and 40R of the General Laws, without thereby creating
any entitlement on the part of any person to connect to such sewer
system, and subject to capacity. in order of application, may permit
or if in the public interest, may require, extensions, new connections
or new flow to the sewer system within such districts.
SECTION 12. This act shall take effect as of July 1, 2008.
Approved December 17, 2008
ACTS, 2010. CHAP. 46
AN ACT ESTABLISHING A BOARD OF HEALTH IN THE TOWN OF NANTUCKET
SECTION 1. Notwithstanding the provisions of chapter 289 of
the acts of 1996 or any other general or special law, rule or regulation
to the contrary, there is hereby established in the town of Nantucket
a board of health, separate from any other board or commission of
the town. The board shall have all the powers, duties and responsibilities
granted to boards of health under the General Laws.
SECTION 2. The board shall consist of 5 members appointed by
the board of selectmen. Three of the 5 members shall be, whenever
possible, health care professionals or environmental professionals.
If no such health care professionals or environmental professionals
are available to serve, residents of the town may be appointed to
these positions. These three members shall be appointed to 3-year
terms, with the initial appointments to be 1 member to a 3-year term,
1 member to a 2-year term, and 1 member to a 1-year term. Upon expiration
of these initial terms, the successors thereto shall each be appointed
to 3-year terms.
SECTION 3. One of the 5 members shall be a member of the board
of selectmen appointed to an initial 1-year term and, thereafter,
each successor shall be appointed to a 1-year term.
SECTION 4. One of the 5 members shall be a resident of the town
and appointed to a 3-year term.
SECTION 5. A vacancy arising on the board of health established
by this act shall be filled in the same manner as the appointment
thereto described in sections 2, 3 and 4.
SECTION 6. Except as otherwise provided by this act, the charter
of the town of Nantucket, established by chapter 289 of the acts of
1996, shall apply to the board of health established by this act.
SECTION 7. This act shall take effect upon its passage.
Approved, March 12, 2010.
ACTS, 2011. CHAP. 47
AN ACT ESTABLISHING A SEPARATE CEMETERY COMMISSION FOR
THE TOWN OF NANTUCKET
SECTION 1. (a) There shall be a board of cemetery commissioners
of the town of Nantucket consisting of 5 persons appointed by the
board of selectmen. Two commissioners shall be appointed for 3 years,
1 commissioner shall be appointed for 2 years and 2 commissioners
shall be appointed for 1 year. Thereafter, the terms shall be appointed
for 3 years.
(b) The cemetery commission shall meet from time to time but
no less than annually, and organize by the choice of its members a
chairman, a vice chairman and a secretary. It shall be the duty of
the secretary to keep a record of the doings, receipts and expenditures
of the cemetery commission and render a specific report to be filed
with the town clerk and the board of selectmen on or about July 15,
to be printed in the annual town report.
(c) The cemetery commissioners, with the approval of the board
of selectmen, may make changes to cemetery rules and regulations not
contrary to law with regard to the use of the town cemeteries, and
the rules and regulations shall be on file with the town clerk.
SECTION 2. (a) The cemetery commission shall have charge of
the public cemeteries of the town, to lay out the same into lots,
to execute and deliver deeds therefor, and to erect necessary signs,
fences, buildings and other structures in or about the same, at an
expense not to exceed, in any case, the amount of the funds at its
disposal.
(b) The cemetery commission shall direct the expenditures of
all general cemetery funds in the cemetery account and of all specific
appropriations, unless otherwise ordered by the town, and the income
of all trust funds held by the town for cemetery purposes, conforming
to the directions of the depositor.
(c) The cemetery commission shall keep a complete record of
all sales of lots in the public cemeteries of the town and the deeds
thereof, together with the names of the deceased and the location
of the graves. True copies of all such deeds, names, and grave locations
shall be on file with the town clerk.
SECTION 3. This act, being necessary for the welfare of the
town and county of Nantucket and its inhabitants. shall be liberally
construed to effect its purposes.
SECTION 4. This act shall take effect upon its passage.
Approved, June 15, 2011.
