The following is a list of special acts and resolves of the commonwealth pertaining to Nantucket:
ACTS, 1925, CHAP. 307
AS AMENDED BY ACTS: 1963, CHAP. 436; 1987, CHAP. 476
AN ACT TO AUTHORIZE THE TOWN OF NANTUCKET TO SUPPLY THE DISTRICT CALLED SIASCONSET WITH WATER
Be it enacted, etc., as follows:
SECTION 1. The Town of Nantucket may supply itself and the inhabitants thereof with water for the extinguishment of fires and for domestic and for other purposes, and may establish fountains and hydrants, relocate or discontinue the same, and may regulate the use of such water and fix and collect rates to be paid for the use of the same.
SECTION 2. Said town, for the purposes aforesaid, is hereby authorized to acquire by purchase or take by eminent domain under 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; and may lease, or take by eminent domain under said Chapter 79, or acquire by purchase or otherwise, and hold, the waters, or any portion thereof, of any pond, brook or stream or of any groundwater sources by means of driven or other wells or filter galleries, within the town, and the water rights and water sources connected therewith; provided that the amount of water which may be taken shall from time to time be determined by vote of the town; and also may take by eminent domain under said Chapter 79, or acquire by purchase or otherwise, and hold, all lands, rights-of-way and easements necessary for collecting, storing, purifying and preserving such water and for conveying the same to any part of said district; provided that no source of water supply and no lands necessary for preserving the quality of the water shall be taken without first obtaining the advice and approval of the Department of Public Health, and that the location of all dams, reservoirs, wells or filter galleries to be used as sources of water supply under this Act shall be subject to the approval of said Department. Said town may construct and may erect on the lands taken or held under the provisions of this Act proper dams, reservoirs, buildings, standpipes, fixtures and other structures and may 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 waterworks and, for that purpose, may construct wells and reservoirs, establish pumping works and lay down and maintain conduits, pipes and other works, under or over any lands, watercourses, railroads or public or private ways and along any such way in said town in such manner as not to unnecessarily 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, said town may dig up or raise and embank any such lands, highways or other ways in such manner as to cause the least hinderance to public travel thereon. Said 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.
SECTION 3. The land taken or acquired under this Act shall be managed, improved and controlled by the Board of Water Commissioners hereinafter provided for, in such manner as it shall deem for the best interest of the town.
SECTION 4. Any person or corporation injured in his or its property by any action of said town or Board under this Act may recover damages from said town under said Chapter 79, provided that the right to damages for the taking of any water or water right or any injury thereto shall not vest until the water is actually withdrawn or diverted by said town under authority of this Act.
SECTION 5. Said town may, for the purpose of paying the necessary expenses and liabilities incurred or to be incurred under the provisions of this Act, issue from time to time bonds or notes to an amount not exceeding the limit authorized by Section 8 of Chapter 44 of the General Laws which shall bear on their face the words "Town of Nantucket Water Loan, Act of 1963." Each authorized issue shall constitute a separate loan, and such loans shall be payable as provided for in said Chapter 44.
SECTION 6. Said town shall, at the time of authorizing said loan or loans, provide for the payment thereof in accordance with the provisions of Section 5, and when a vote to that effect has been passed, a sum which, with the income derived from the water rates, will be sufficient to pay the annual expense of operating the waterworks 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 under the provisions of this Act shall, without further vote, be assessed by the Assessors of the town annually thereafter in the same manner as other taxes, until the debt incurred by the said loan or loans is extinguished.
SECTION 7. 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 said town under the authority and for the purposes of this Act shall forfeit and pay to said town three times the amount of damages assessed therefor, to be recovered in an action of tort, and, upon conviction of any one (1) of the above willful or wanton acts, shall be punished by a fine of not more than three hundred dollars ($300.) or by imprisonment for not more than one (1) year.
SECTION 8. Said town shall, after its acceptance of this Act, at the same meeting at which the Act is accepted or at a meeting called for the purpose, elect by ballot three (3) persons to hold office, one (1) until the expiration of three (3) years, one (1) until the expiration of two (2) years, and one (1) until the expiration of one (1) year, from the next succeeding Annual Town Meeting, to constitute a Board of Water Commissioners; and at the Annual Town Meeting held on the day the shortest of such terms expires and at each Annual Town Meeting thereafter, one (1) such Commissioner shall be elected by ballot for the term of three (3) years. All the authority granted to the town by this Act, except Sections 5 and 6, and not otherwise specially provided for shall be vested in said Board of Water Commissioners, who shall be subject, however, to such instructions, rules and regulations as said town may impose by its vote. A majority of said Commissioners shall constitute a quorum for the transaction of business. Any vacancy occurring in said Board from any cause may be filled for the remainder of the unexpired term by said town at any legal Town Meeting called for the purpose. Any such vacancy may be filled temporarily by a majority vote of the Selectmen, and the person so appointed shall hold office until the town fills the vacancy in the manner specified herein.
SECTION 8A. Said town shall at a meeting called for the purpose, elect by ballot three (3) persons to hold office, one (1) until the expiration of three (3) years, one (1) until the expiration of two (2) years, and one (1) until the expiration of one (1) year, from the next succeeding Annual Town Meeting, to constitute a Board of Water Commissioners; and at the Annual Town Meeting held on the day the shortest of such terms expires and at each Annual Town Meeting thereafter one (1) such Commissioner shall be elected by ballot for a term of three (3) years. Said Board of Commissioners shall be vested with all the authority granted to the town by this Act except Sections 5 and 6 and not otherwise specially provided for with respect to the supply of water for the extinguishment of fires and for domestic and other purposes in that part of the Town of Nantucket known as "Siasconset."
A majority of said Commissioners shall constitute a quorum for the transaction of business. Any vacancy occurring in said Board from any cause may be filled for the remainder of the unexpired term by said town at any legal town meeting called for the purpose. Any such vacancy may be filled temporarily by a majority vote of the Selectmen, and the person so appointed shall hold office until the town fills the vacancy in the manner specified herein.
SECTION 9. Said Commissioners shall fix just and equitable prices and rates for the use of water and shall prescribe the time and manner of payment. The income of the waterworks shall be applied to defraying all operating expenses, interest charges and payments on the principal as they accrue upon any bonds or notes issued under authority of this Act. If there should be a net surplus remaining after providing for the aforesaid charges, it shall be used for such new construction as the Water Commissioners may determine upon, and, in case of a surplus should remain after payment for such new construction, the water rates shall be reduced proportionately. No money shall be expended in new construction by the Water Commissioners except from the net surplus aforesaid unless the town appropriates and provides money therefor. All authority vested in said commissioners by the foregoing provisions of this section shall be subject to the provisions of Section 8. Said Commissioners shall annually, and as often as the town may require, render a report upon the condition of the works under their charge and an account of their doings, including an account of receipts and expenditures.
SECTION 10. Sections 1 to 9, inclusive, of this Act shall take effect upon their acceptance by a majority of the voters of the Town of Nantucket present and voting thereon at a Town Meeting called for the purpose within three years after the passage of this Act; but the number of meetings so called in any year shall not exceed three (3). Section 11 and, for the purpose only of being submitted to the voters of said town as aforesaid, Sections 1 to 9, inclusive, of this Act shall take effect upon their passage.
SECTION 11. Chapter 404 of the Acts of 1903 and Chapter 500 of the Acts of 1913 are hereby repealed.
Approved April 30, 1925
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]
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
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
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. [Amended 11-6-2017 STM by Art. 26; approved 1-1-2019
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.
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.
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.
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, and St. 1991, Ch. 392, § 2.
(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.
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 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.
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.
Historical Note: St. 1984, Ch. 407, § 1, added the second sentence.
Historical Note: St. 1987, Ch. 666, § 1, added (h) and (i) to Section 4.
Historical Note: St. 1987, Ch. 666, § 2 added (h).
Historical Note: St. 1987, Ch. 666, § 3 added the last sentence.
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."
Historical Note: St. 1987, Ch. 666, § 4, added last sentence to Section 10.
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.
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."
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."
St. 1987, Ch. 666, § 8 amended (m) by substituting the word "shall" for "intends to" on line 6.
St. 1991, Ch. 392, § 3, amended (i) to refer to the Internal Revenue Code of 1986.
Historical Note: St. 1984, Ch. 407, § 5, amended Subsection (c) of Section 14 by inserting after the word "62" the letter: -C.
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."
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.
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.