Board of Selectmen Agenda Protocol:
Roberts Rules: The Board of Selectmen follows Roberts Rules of
Order to govern its meetings as per the Town Code and
Charter.
Public Comment: For bringing matters of public interest to the
attention of the Board. The Board welcomes concise statements on
matters that are within the purview of the Board of Selectmen. At
the Board’s discretion, matters raised under Public Comment may be
directed to Town Administration or may be placed on a future
agenda, allowing all viewpoints to be represented before the Board
takes action. Except in emergencies, the Board will not normally
take any other action on Public Comment. Any personal remarks or
interrogation or any matter that appears on the regular agenda are
not appropriate for Public Comment. Public Comment is not to be
used to present charges or complaints against any specifically
named individual, public or private; instead, all such charges or
complaints should be presented in writing to the Town Manager who
can then give notice and an opportunity to be heard to the named
individual as per MGL Ch. 39, s 23B.
New Business: For topics not reasonably anticipated 48 hours in
advance of the meeting.
Public Participation: The Board welcomes valuable input from the
public at appropriate times during the meeting with recognition by
the Chair. For appropriate agenda items, the Chair will introduce
the item and take public input. Individual Selectmen may have
questions on the clarity of information presented. The Board will
hear any staff input and then deliberate on a course of
action.
Selectmen Report and Comment: Individual Selectmen may have matters
to bring to the attention of the Board. If the matter contemplates
action by the Board, Selectmen will consult with the Chair and/or
Town Manager in advance and provide any needed information by the
Thursday before the meeting. Otherwise, except in emergencies, the
Board will not normally take action on Selectmen Comment.
EXHIBIT 1 AGREEMENTS TO BE EXECUTED BY TOWN MANAGER
UNLESS RESOLUTION OF DISAPPROVAL BY SELECT BOARD July 25,
2018
Type of
License Select Board Nantucket Electric Company/National Grid
$1.00
License Agreement for Underground Electric
Distribution System for Lots 88-95 and Road Lot 80 (aka
Waitt Drive) (will require easement/Town Meeting
approval)
easement granted
services for Town’s website IT Budget July 1, 2018 –
June 30, 2019
system for new fire station
New Fire Station Article 11/2015
ATM
Professional Service Agreement
Assessment of current OIH operations & financial
modeling in connection with replacement of existing facility at
current site; & renovation of existing facility at current
site
Design New Facility
Article 10/2015 ATM
2018
analysis, technology review, etc.)
Solid Waste Enterprise Fund
Professional Service Agreement Town Admin The Novak
Consulting
Group $56,000 Operational review of Planning
& Land Use Services (PLUS) Dept.
Town Admin Budget
PROCLAMATION
Maria Mitchell Day
August 1, 2018
Whereas, Maria Mitchell, America’s first woman astronomer, was born
on August 1, 1818 on Nantucket and raised on the island and was a
fellow community member and one of the island’s most illustrious
daughters; and Whereas, her discovery of a telescopic comet from
the roof the Pacific Bank in 1847 helped to launch her onto the
world stage; and Whereas, she utilized this fame to help further
her work for the rights of women and particularly the place of
women in the sciences and promoting women’s education in the
nineteenth century; and Whereas, the organization founded in her
honor in 1902 continues to promote her legacy and to ensure the
continued preservation of her birthplace, our island’s unique
ecosystems and the life that it inhabits it and so; Now therefore,
be it resolved that the Nantucket Select Board does hereby proclaim
August 1, 2018 as Maria Mitchell Day on Nantucket in honor of her
200th Birthday and calls upon all citizens of Nantucket to acquaint
themselves with this important person in our history and learn from
her achievements and her work in order to be inspired to learn
about the unique environment of the place we call home and support
education and opportunities for all people of all ages. Signed this
25th day of July, 2018. ____________________________
_____________________________ Jason Bridges, Chair Dawn Hill
Holdgate, Vice Chair ____________________________
_____________________________ Matt Fee Rita Higgins
____________________________ James R. Kelly
Page 1 Town of Nantucket October 10, 2018 Special Town Meeting
Warrant - DRAFT
** DRAFT AS OF 07/20/18 **
WARRANT FOR
Wednesday, October 10, 2018 SPECIAL TOWN MEETING Nantucket High
School
Mary P. Walker Auditorium 6:00 PM
Town of Nantucket 16 Broad Street
Nantucket, MA 02554 (508) 228-7255
www.nantucket-ma.gov
Page 2 Town of Nantucket October 10, 2018 Special Town Meeting
Warrant - DRAFT
To the Constables of the Town of Nantucket: GREETING: In the name
of the Commonwealth of Massachusetts, you are hereby directed to
notify and warn the inhabitants of the Town of Nantucket qualified
to vote in Town affairs, to meet and assemble themselves at the
Nantucket High School Auditorium at 10 Surfside Road in said
Nantucket, on
*********************************************************************
To act upon and transact any business relative to the foregoing
subjects which may, then and there, come before said meeting.
ARTICLE 1 (Zoning Bylaw Amendment: Marijuana - Definitions)
To see if the Town will vote to amend Chapter 139 (Zoning) of the
Code of the Town of Nantucket, section 2 (Definitions) as follows
(NOTE: new language is shown as highlighted text, language to be
deleted is shown by strikeout; these methods to denote changes are
not meant to become part of the final text and, further, that non-
substantive changes to the numbering of this bylaw be permitted in
order that it be in compliance with the numbering format of the
Code of the Town of Nantucket):
ADULT ON-SITE MARIJUANA SOCIAL CONSUMPTION OPERATOR A marijuana
retailer where consumers are permitted to consume marijuana and
marijuana products on its premises. MARIJUANA MEMBERSHIP CLUB An
organization, club, lodge, other private grounds allowing on-site
consumption of cannabis or marijuana products, but not operating as
a licensed marijuana social consumption operator and where no sales
occur. MARIJUANA PRODUCTS Cannabis or marijuana and its products
unless otherwise indicated. These include products that have been
manufactured and contain cannabis or an extract from cannabis or
marijuana or an extract from cannabis or marijuana, including
concentrated forms of marijuana and products composed of marijuana
and other ingredients that are intended for use or consumption,
including edible products, beverages, topical products, ointments,
oils and tinctures. MARIJUANA ESTABLISHMENT, RECREATIONAL (1) A
marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer or any other type of
licensed marijuana-related business as defined in MGL c.94G, § 1
and 935 CMR 500.00, unless otherwise
defined in this Section. Recreational marijuana establishments are
subject to the following standards: (a) Recreational marijuana
establishments shall be located in standalone facilities and shall
not be allowed within a building or structure containing other
retail, commercial, residential, industrial, or other uses, except
for co-location with a licensed medical marijuana treatment center.
(b) A minimum separation of 500 feet, measured between lot lines,
is required between recreational marijuana establishments and
state-certified public or private schools, or state-licensed
day-care centers, a public park or playground, or a Recreational
Facility or Personal Services establishment providing activities or
services to children. (c) Except where co-located, a minimum
separation of 2,000 feet, measured between lot lines, is required
between recreational marijuana establishments. (cd) No building
permit for a recreational marijuana establishment shall issue until
the applicant has executed a Host Community Agreement with the Town
pursuant to MGL c.94G, § 3(d). (e) A recreational marijuana
establishment shall be required to obtain an annual Certificate of
Inspection issued by the Inspector of Buildings. (f) A recreational
marijuana retailer must operate and provide all storage within a
permanent structure. (g) A recreational marijuana establishment
shall not be eligible for qualification as a home occupation. (h)
On-site consumption of marijuana products is prohibited. (i)
Delivery of cannabis products to consumers is prohibited.
(j) A special permit for a recreational marijuana establishment
shall be limited to the applicant at the time of special permit
issuance. Any changes to the owner/operator/licensee shall require
a new special permit.
(k) A recreational Marijuana establishment shall not generate
outside odors from the cultivation, processing or manufacturing of
marijuana or marijuana products. (l) An applicant for a special
permit for a recreational marijuana establishment shall obtain
provisional license from the Cannabis Control Commission prior to
submitting an application to the Planning Board for a special
permit.
Commented [KDL1]: This change clarifies the intent of the
amendment. However, you may want to consider further limiting or
specifying the types of uses that would be part of this
buffer.
Commented [KDL2]: Depending on how the CCC decides to regulated
delivery, we may need to revisit this provision in the
future.
Commented [KDL3]: Andrew: Per our conversation, I included this
language in the definition section for Recreational Marijuana
Establishments. If you decide to keep this language, you will want
to make similar edits to the MMTC provision (in which case the
“provision license” will be changed to a “provisional certificate
of registration from the Department of Public Health or the
Cannabis Control Commission, as applicable”)
(2) Recreational marijuana establishments shall be subject to the
zoning moratorium adopted as § 139-37 of this bylaw. Applicants may
not apply for a special permit for recreational marijuana
establishments prior to January 1, 2019.
Or take any other action relative thereto. (Select Board for
Planning Board)
ARTICLE 2 (Zoning Bylaw Amendment: Recreational Marijuana – Use
Chart Amendments)
To see if the Town will vote to amend Chapter 139 (Zoning) of the
Code of the Town of Nantucket, section 7A (Use Chart) as follows
(NOTE: new language is shown as highlighted text, language to be
deleted is shown by strikeout; these methods to denote changes are
not meant to become part of the final text and, further, that non-
substantive changes to the numbering of this bylaw be permitted in
order that it be in compliance with the numbering format of the
Code of the Town of Nantucket): Insert in the “Use” column between
“Marijuana treatment center – medical” and “Medical clinic” the
following new uses:
a. Adult On-Site Marijuana Social Consumption Operator: to be
prohibited in all districts.
b. Marijuana Membership Club: to be prohibited in all districts. Or
take any other action relative thereto. (Select Board for Planning
Board)
ARTICLE 3 (Bylaw Amendment: Marijuana)
To see if the Town of Nantucket will vote to amend the Code of the
Town of Nantucket to regulate the use and sale of Marijuana and
Marijuana Products by adding a new Chapter 95 “Marijuana”, Article
I “Public Consumption of Marijuana” that would provide as follows:
Chapter 95 Marijuana Article I Public Consumption of Marijuana
§95-1. Definitions. The following definitions shall apply to this
bylaw.
A. “Marijuana” shall mean marijuana as defined in G.L c. 94G, § 1,
as may be amended.
B. “Marijuana products” shall mean products that have been
manufactured and contain marijuana or an extract from marijuana,
including concentrated forms of
Page 5 Town of Nantucket October 10, 2018 Special Town Meeting
Warrant - DRAFT
marijuana and products composed of marijuana and other ingredients
that are intended for use or consumption, including edible
products, beverages, topical products, ointments, oils and
tinctures, as defined in G.L c. 94G, § 1, as may be amended.
§95-2. Public Consumption Prohibition. No person shall smoke, burn,
vaporize, ingest or otherwise use or consume marijuana or marijuana
products while in or upon any public place, including but not
limited to any public or private way to which the public has a
right of access, sidewalk, footway, passageway, stairway, bridge,
park, playground, recreation area, beach, boat landing, public
building, school, school grounds, cemetery, parking lot, or any
area owned, leased or occupied by or otherwise under the control of
the Town of Nantucket, or any place to which members of the public
have access as invitees or licensees, or in or upon any bus or
other passenger conveyance operated by a common carrier; or in or
upon any other place accessible to the public; provided however
that this bylaw shall not be construed to limit the lawful medical
use of marijuana. §95-3. Enforcement. The provisions of this
article shall be enforced by any police officer of the Town. Any
person found in violation of this Bylaw may be charged with a
noncriminal violation pursuant to MGL c. 40, §21D. The penalty for
each noncriminal violation shall be $200. Any penalty imposed under
this bylaw shall be in addition to any civil penalty imposed under
G.L. c. 94C, § 32L. §95-4. Severability. In the event that any
provision, section or clause of this bylaw is hereafter found to be
invalid, such decision, invalidity or voidance shall not affect the
validity of the remaining portion of this bylaw. Or to take any
other action relative thereto. (Select Board)
ARTICLE 4 (Bylaw Amendment: Marijuana)
To see if the Town of Nantucket will vote to amend the Code of the
Town of Nantucket to regulate the use and sale of Marijuana and
Marijuana Products by adding a new Chapter 95 “Marijuana”, Article
II “Marijuana Licensing” that would provide as follows: Chapter 95
Marijuana Article II Marijuana Licensing §95-5. Marijuana License
Required. No person shall carry on the business operating an Adult
Use Marijuana Establishment as defined in G.L. c.94G and 935 CMR
500, including the cultivation, processing, packaging, delivering,
manufacturing, branding, selling or otherwise transferring or
testing marijuana or marijuana products within the
Page 6 Town of Nantucket October 10, 2018 Special Town Meeting
Warrant - DRAFT
Town unless first duly licensed thereof by the Board of Selectmen,
which license shall be renewed by said Marijuana Establishment
annually. §95-6. Host Community Agreement Required. Any Marijuana
Establishment operating within the Town shall at all times have a
valid Host Community Agreement and operate in accordance with the
terms and provisions thereof. §95-7. Regulations. The Board of
Selectmen may adopt rules and regulations related to the issuance
of such licenses, including the fees to be paid therefor and the
conditions to be satisfied by any applicant for such a license.
§95-8. Applications. Applicants for a license shall file an
application on a form provided by the Board of Selectmen, signed
under the penalties of perjury by the applicant, containing such
information as the Board of Selectmen may reasonably require from
time to time. Each applicant shall pay an application fee as may be
reasonably determined from time to time by the Board of Selectmen.
§95-9. Hearing. The Board of Selectmen will schedule a public
hearing within 30 days of the submission of a complete license
application with due written notice provided to the applicant of
the time, date and location where such application will be heard.
§95-10. Enforcement. The Board of Selectmen may issue orders as
appropriate to aid in the enforcement of this regulation and may
enforce these provisions in equity, including the request for
injunctive relief, in a court of competent jurisdiction. Any
failure to comply with any order issued hereunder shall result in
the issuance of a formal warning. Any failure to comply with such a
warning shall result in a fine of $100. Any failure to comply after
the issuance of said final fine may be punishable by a subsequent
fine of $300. Each day of a continued non-compliance shall
constitute a separate violation. Further, the Board of Selectmen
may hold a hearing, with notice to the licensee, to determine if
such license should be modified, suspended or revoked. Or to take
any other action relative thereto. (Select Board)
ARTICLE 5 (Bylaw Amendment: Marijuana)
To see if the Town of Nantucket will vote to amend the Code of the
Town of Nantucket to regulate the use and sale of Marijuana and
Marijuana Products by adding a new Chapter 95 “Marijuana”, Article
III “Limitation on Number of Marijuana Establishments” that would
provide as follows: Chapter 95 Marijuana Article III Limitations on
Number of Marijuana Establishments
Page 7 Town of Nantucket October 10, 2018 Special Town Meeting
Warrant - DRAFT
§95-11. Limitation on Licenses. The number of Adult Use Marijuana
Retailers, as defined in G.L. c.94G, §1 and 935 CMR 500.00,
permitted to be located in the Town shall be limited to twenty
percent (20%) of the number of year round licenses issued within
the Town for the retail sale of alcoholic beverages not to be drunk
on the premises where sold pursuant to G.L. c.138 §15. In the event
that 20% of said licenses is not a whole number, the limit shall be
rounded up to the nearest whole number. Or take any action relative
thereto. (Select Board)
ARTICLE 6 (Appropriation: Old South Road Area Transportation
Improvements)
To see what sum the Town will vote to appropriate, and also to
raise, borrow pursuant to any applicable statute or transfer from
available funds, to be spent by the Town Manager with the approval
of the Select Board, for the purpose of making various
transportation-related improvements in the Old South Road area
including the costs of professional services for design,
permitting, engineering, and any other related professional
services, and the costs of construction, construction supervision,
materials, and any other costs incidental and related thereto;
provided, however, that any borrowing authorized hereunder shall be
contingent on the passage of a Proposition 2 and ½ debt exclusion
vote; or to take any other action related thereto. (Select
Board)
ARTICLE 7 (Appropriation: Milestone Road Area Transportation
Improvements)
To see what sum the Town will vote to appropriate, and also to
raise, borrow pursuant to any applicable statute or transfer from
available funds, to be spent by the Town Manager with the approval
of the Select Board, for the purpose of making various
transportation-related improvements in the Milestone Road area
including the costs of professional services for design,
permitting, engineering, and any other related professional
services, and the costs of construction, construction supervision,
materials, and any other costs incidental and related thereto;
provided, however, that any borrowing authorized hereunder shall be
contingent on the passage of a Proposition 2 and ½ debt exclusion
vote; or to take any other action related thereto. (Select
Board)
ARTICLE 8 (Sewer Appropriation: New Sewer Force Main
Design/Engineering)
To see what sum the Town will vote to appropriate, and also to
raise, borrow pursuant to any applicable statute or transfer from
available funds, to be spent by Town Manager with the approval of
the Board of Sewer Commissioners, for the purpose of the design and
engineering of a new sewer force main from the Sea Street Pump
Station to the Surfside WWTF including the costs of professional
services for design, permitting,
Page 8 Town of Nantucket October 10, 2018 Special Town Meeting
Warrant - DRAFT
engineering, owners project manager services (OPM), and other
related professional services, and any other costs incidental and
related thereto. (Select Board)
ARTICLE 9 (Supplemental Sewer Appropriation: Repairs to the Sea
Street Pumping Station)
To see what sum the Town will vote to appropriate, and also to
raise, borrow pursuant to any applicable statute or transfer from
available funds, for supplemental funding to Article 12 of the 2014
Annual Town Meeting, to be spent by Town Manager with the approval
of the Board of Sewer Commissioners, for costs associated with
professional services, construction, and repairs to the Sea Street
Pumping Station, and any other costs incidental and related
thereto. (Select Board)
ARTICLE 10 (Airport Appropriation: Taxiway Echo)
To see what sum the Town will vote to appropriate, and also to
raise, borrow pursuant to any applicable statute or transfer from
available funds, to be spent by the Airport Manager with the
approval of the Airport Commission, for the purpose of
reconstructing Taxiway Echo (“E”) including the costs of
professional services for design, permitting, engineering, and
other related professional services, and the costs of construction,
construction supervision, materials, and any other costs incidental
and related thereto. (Select Board)
ARTICLE 11 (Airport Appropriation: Security Project)
To see what sum the Town will vote to appropriate, and also to
raise, borrow pursuant to any applicable statute or transfer from
available funds, to be spent by the Airport Manager with the
approval of the Airport Commission, for the purpose of making
Security Improvements (Cameras, Lights, Airside Doors, Video and
Access Control Servers, & Other Miscellaneous Security
Improvements) including the costs of professional services for
design and installation and the cost of equipment and materials,
and any other costs incidental and related thereto. (Select
Board)
ARTICLE 12
(Appropriation: Prior Year Articles) To see what sums the Town will
vote to appropriate and transfer from available
funds previously appropriated pursuant to Articles voted in prior
years; or to take any other action related thereto.
Page 9 Town of Nantucket October 10, 2018 Special Town Meeting
Warrant - DRAFT
(Select Board)
ARTICLE 13 (Appropriation: Fiscal 2019 General Fund Budget
Amendments)
To see what Fiscal Year 2019 General Fund operating budgets, as
voted at the 2018 Annual Town Meeting in Article 8, the Town will
vote to amend, and further to appropriate, and also to raise, or
transfer from available sums, a sum or sums of money for such
purposes; or take any action relative thereto. (Select Board)
ARTICLE 14 (Appropriation: Fiscal 2019 Enterprise Fund Budget
Amendments)
To see what Fiscal Year 2019 Enterprise Fund operating budgets, as
voted at the 2018 Annual Town Meeting in Article 12, the Town will
vote to amend, and further to appropriate, and also to raise, or
transfer from available sums, a sum or sums of money for such
purposes; or take any action relative thereto. (Select Board)
ARTICLE 15 (Bylaw: Single Use Plastics)
To see if the Town will vote to amend the General Bylaws by
adopting a bylaw entitled “The Regulation of Sale, Distribution and
Use of Certain Single Use Plastics”, the text of which follows, or
take any other action relative thereto:
Section I. Findings and Purpose Plastic single-use “disposable”
products such as those listed herein contribute hazards to human
health, marine life, wildlife, societal economies, and the
environment. Examples of these problems include:
1) Americans discard more than 30 million tons of plastic per year.
Only approximately eight (8%) percent of that gets recycled. The
rest ends up in landfills, in the oceans, on beaches, is
incinerated or becomes litter. The amount of solid waste created by
single-use plastic containers is significantly
uncontrollable.
2) Great Barrington, Lincoln, Sudbury and Concord have each banned
single use plastic water bottles. Taiwan has banned plastic straws
and utensils. The Italian islands of archipelago Isole Tremiti have
banned single use plastics. The UK is banning plastic straws,
stirrers, plastic stemmed q-tips, and other single-use plastics. In
Europe, Starbucks agreed recently to phase out all plastic straws
and cutlery. On July 1, Seattle will become the largest U.S. city
to cut out all plastic straws and eating utensils in
restaurants.
Page 10 Town of Nantucket October 10, 2018 Special Town Meeting
Warrant - DRAFT
3) We are ingesting plastic. Eighty-nine (89%) of ocean trash comes
from single use plastic. Plastic is flowing into the food chain and
into our oceans at a rate of around 8.8 million tons per year,
polluting the marine environment – circulating in continent sized
trash gyres, killing marine animals, birds and mammals – even
finding its way onto our plates after being eaten by fish and
shellfish. Researchers have found tiny pieces of plastic in all the
samples of mussels they tested in British seawaters and bought from
local supermarkets. Mussels, quahogs, oysters are natural filters
for the water around them, so they pick up everything that ends up
in the harbors or ocean, Including microplastic. A new report found
the seafood contains an alarming amount of plastic – and in fact no
sea creature is immune. It’s as if the ocean is wreaking its
revenge.
4) Recent examination of dead pilot, right, and sperm whales in
places such as Thailand, Spain and the east coast of the US, found
the deaths were caused by ingestion of plastics blocking digestive
systems. Entanglements in flexible plastic six-pack yokes kills
turtles and other marine animals and ingestion of these yokes kills
others. Entanglement, ingestion and habitat disruption result from
plastic ending up where animals live. In our oceans plastic
outweighs zooplankton by a ratio exceeding 35 to 1.
5) Chemicals leached by plastics are in the blood and tissues of
nearly all of us. It has been found in the bottled water contained
in plastic single serve bottles. It is in shellfish. Exposure to
these plastics is linked to cancers, birth defects, impaired
immunity, endocrine disruption and other ailments.
6) Nantucket has a single source aquifer and one landfill. Buried
beneath the surface of the landfill, in unlined and lined cells, is
plastic leachate containing toxic chemicals. At the unlined cell it
is seeping into the groundwater. We suspect it is then washed
through the trash and flowing into the ground water, Long Pond (a
tidal and groundwater pond), to wells, creeks, wetlands, harbors
and the ocean.
7) Manufacturer’s mix additives into plastics, such as flame
retardants, BPAs, and PVCs. These oily poisons repel water and
stick to petroleum-based plastic debris and can leach their own
toxicants in to the groundwater.
8) "Compostable" and "Biodegradable" have become green marketing
terms that are seemingly intended to confuse. Many people think
that these terms mean that the material will become dirt, a rich
soil amendment like they've seen with food waste in their backyard.
NOT SO. Plastic does not completely biodegrade; it just breaks down
into smaller and smaller pieces over time, but it is still toxic
plastic. Compostable plastic is not recyclable. It is designed to
be composted at commercial composting facilities under high heat
conditions. For most areas, compostable plastic is considered
trash.
9) Single use plastic water bottles are not a necessity. Tests
reveal bottled water contains microplastic particles. Researchers
tested 259 bottles of 11 popular bottled water brands, many of
which are sold on Nantucket. None tested consistently free of
microplastic particles. They are a convenience that has
Page 11 Town of Nantucket October 10, 2018 Special Town Meeting
Warrant - DRAFT
become an expensive burden on our infrastructure and our landfill.
There are safe, convenient alternatives to these single use plastic
bottles.
10) Plastic nip bottles litter our walkways, bike paths, roads. Our
State Representative, Dylan Fernandes, is pushing for a deposit on
nip bottles, but believes that we should ban these and other
“...single-use plastics because they are overflowing our landfills
and devastating our ocean ecosystems…”
11) The inventor of the Keurig coffeemaker and the K cups, John
Sylvan, regrets his invention because the pods, billions of them,
are not recyclable unless disassembled into paper, plastic and
metal components by users. Instead, the K pods are thrown away as
trash in our landfills. These cups, made of # 7 plastic, take
hundreds of years to start to decompose. They can only be recycled
if users take them apart and process the plastic component
separately by sending them to one of four facilities located in
Canada. There are biodegradable alternatives that can be turned
into dirt within 90 days as well as a reusable cup that leaves no
plastic waste.
Nantucket has a single source aquifer that we need to protect. We
have a high-quality water distribution system. The Wannacomet Water
Company provides regular reports on its quality. The purpose of the
Bylaw is to protect the health and safety of Nantucket’s present
and future generations, protect the Town’s single source aquifer,
its scenic visage, historic status, reduce litter, protect marine
animals and food sources and save the citizens of the Town money.
There are safe alternatives for each of the single-use plastic
items banned. BY-LAW: Section II. Sale, distribution and use of
single use plastic products. It shall be unlawful to sell,
distribute or otherwise use the following single-use plastic
products in the Town and County of Nantucket on or after June 1,
2019:
Straws and drink stirrers; six-pack can and bottle flexible yokes;
nip bottles; containers used in the sale of or distribution of
food; drinking cups and lids; plates and eating utensils; drinking
water in single-serve polyethylene terephthalate (PET) containers;
all non-recyclable #3 through # 7 plastic products
Section III. Exemption for Emergencies and other Drinking water -
Sales occurring after a declaration of an emergency adversely
affecting availability and/or quality of drinking water to
Nantucket residents by the emergency Management Director or other
duly authorized Town, Commonwealth or United States official shall
be exempt from this Bylaw until seven (7) calendar days after such
declaration has ended. Medical packaging when acceptable
attestation is provided to Board of Health that no recyclable
alternatives are available. Section IV. Enforcement Process
Enforcement of this Bylaw shall be the responsibility of the Town
Manager or her/his designee. Police officers and Health Agents have
the authority to enforce this Bylaw. The Town Manager shall
determine the inspection process to be followed, incorporating the
process into other Town duties as appropriate. Any establishment
conducting sales, distribution or otherwise promoting the use of
the prohibited plastic products in violation
Page 12 Town of Nantucket October 10, 2018 Special Town Meeting
Warrant - DRAFT
of this Bylaw shall be subject to a noncriminal disposition fine as
specified in Article II of Chapter 1 of the Code of the Town of
Nantucket under M.G.L. Chapter 40, § 21D. Any such fines shall be
paid to the Town of Nantucket. Enforcement shall be through the
process of noncriminal disposition under MGL c. 40, § 21D and
Article II of Chapter 1 of the Code of the Town of Nantucket. V.
Suspension of the Bylaw If the Town Manager determines that the
cost of implementing and enforcing this Bylaw has become
unreasonable, then the Town Manager shall so advise the Select
Board, and the Select Board shall conduct a public hearing to
inform the citizens of such costs. After the public hearing, the
Select Board may continue this Bylaw in force or may suspend it
permanently or for such length of time as they may determine. VI.
Severability The provisions of this article are severable. If any
part of this section should be held invalid by a court of competent
jurisdiction, such invalidity shall not affect the remainder of the
article, and the remainder of the article shall stay in full force
and effect.And to amend the Code of the Town of Nantucket by adding
the following:
Bylaw Fine Schedule Fine Allowed Enforcement Agency
The Regulation of Sale, Distribution and Use of
Single Use Plastic Containers and Utensils
1st Offense Warning
Town Manager's Designee
$200.00 per day
(Bruce Mandel, et al)
********************************************* Hereof fail not and
make due return of this Warrant with your doings thereon to the
Town Clerk at the time and place of meeting and election aforesaid.
Given under our hands this 25th day of July in the year Two
Thousand Eighteen. ____________________________________ Jason M.
Bridges, Chairman ____________________________________ Dawn Hill
Holdgate, Vice Chairman ____________________________________
Matthew G. Fee
Page 13 Town of Nantucket October 10, 2018 Special Town Meeting
Warrant - DRAFT
____________________________________ Rita Higgins
____________________________________ James R. Kelly SELECTMEN OF
NANTUCKET, MA Pursuant to Chapter 39, section 10 of the General
Laws of the Commonwealth and the Warrant adopted DATE I have
notified and warned the inhabitants of the Town of Nantucket
qualified to vote in Town affairs to appear at the times and place
and for the purposes within mentioned by posting said notification
on __________________ at the Stop & Shop on Pleasant Street,
the Town and County Building at 16 Broad Street; and upon the
Bulletin Boards at the corner of Main and Federal Streets, and
Siasconset Square. Sworn to under pains and penalties of perjury,
___________________________________________________ Constable
THE GREEN LADY DISPENSARY, INC. – HOST COMMUNITY AGREEMENT FOR THE
SITING OF AN ADULT USE MARIJUANA CULTIVATOR, MARIJUANA PRODUCT
MANUFACTURER AND
MARIJUANA RETAILER IN THE TOWN OF NANTUCKET
HOST COMMUNITY AGREEMENT This Host Community Agreement
(“Agreement”) is entered into this __ day of __________, 2018 by
and between the Green Lady Dispensary, Inc, a Massachusetts
corporation, and any successor in interest, with a principal office
address of 11 Amelia Drive, Nantucket, MA 02554 (“the Company”),
and the Town of Nantucket, a Massachusetts municipal corporation
with a principal address of 16 Broad St, Nantucket, MA 02554 (the
Town”), acting by and through its Town Manager, in reliance upon
all of the representations made herein. WHEREAS, the Company wishes
to locate a licensed Marijuana Retailer, Marijuana Cultivator, and
Marijuana Product Manufacturer for the cultivation, processing,
manufacturing of marijuana products and retail sales of adult use
marijuana (the “Facility”) comprising ______square feet of area at
11 Amelia Drive, Nantucket, Massachusetts 02554 [assessor’s map and
parcel], in accordance with and pursuant to applicable state laws
and regulations, including, but not limited to G.L. c.94G and 935
CMR 500.00 and such approvals as may be issued by the Town in
accordance with its Zoning Bylaw and other applicable local
regulations, as may be amended; and
WHEREAS, the Company intends to provide certain benefits to the
Town in the event that it receives the requisite licenses from the
Cannabis Control Commission or such other state licensing or
monitoring authority, as the case may be, to operate the Facility
and receives all required local permits and approvals from the
Town;
WHEREAS, the parties intend by this Agreement to satisfy the
provisions of G.L. c.94G, Section 3(d), applicable to the operation
of the Facility, such activities to be only done in accordance with
the applicable state and local laws and regulations in the
Town;
NOW THEREFORE, in consideration of the mutual promises and
covenants set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the Company and the Town agree as follows:
1. Recitals The Parties agree that the above Recitals are true and
accurate and that they are incorporated herein and made a part
hereof.
2. Annual Payments In the event that the Company obtains the
requisite licenses and/or approvals as may be required for the
operation of the Facility, and receives any and all necessary and
required permits and licenses of the Town, and at the expiration of
any final appeal period related thereto, said matter
not being appealed further, which permits and/or licenses allow the
Company to locate, occupy and operate the Facility in the Town,
then the Company agrees to provide the following Annual
Payments:
A. Community Impact Fee The Company anticipates that the Town will
incur additional expenses and impacts on the Town’s road and other
infrastructure systems, law enforcement, fire protection services,
inspectional services, and permitting and consulting services, as
well as unforeseen impacts on the Town. Accordingly, in order to
mitigate the financial impact on the Town and use of Town
resources, the Company agrees to pay an Annual Community Impact Fee
to the Town, in the amount and under the terms provided
herein.
1. Company shall annually pay an Annual Community Impact Fee in an
amount
equal to three percent (3%) of gross sales from marijuana and
marijuana product sales at the Facility, which shall not include
sales of marijuana or marijuana products for medicinal use. The
term “gross sales” shall mean the total of all sales transactions
of the Facility without limitation, whether wholesale or retail,
and shall include but not be limited to all adult use marijuana
sales occurring at the Facility, including the sale of marijuana,
marijuana infused products, paraphernalia, and any other products
sold by the Facility.
2. The Annual Community Impact Fee shall be made annually, within
30 days following the end of each 12 months of months of operation,
commencing on the first day of the first full calendar month after
the commencement of operations for any part of the Facility used
for adult use marijuana operations, and continuing for a period of
five (5) years. At the conclusion of each of the respective five
year terms, the parties shall negotiate in good faith the terms of
a new Annual Community Impact Fee as an Amendment to this
Agreement. Provided, however, that if the parties are unable to
reach an agreement on a successor Community Impact Fee, the Annual
Community Impact Fee specified in Paragraph 2.A.1 of this Agreement
shall remain in effect and shall not be reduced below the amount
set forth above until such time as the Parties negotiate a
successor Community Impact Fee.
3. The Town shall use the above referenced payments in its sole
discretion, but shall
make a good faith effort to allocate said payments to offset costs
related to road and other infrastructure systems, law enforcement,
fire protection services, inspectional services, public health and
addiction services and permitting and consulting services, as well
as unforeseen impacts upon the Town.
B. Annual Community Benefit Payments
In addition to the Annual Community Impact Fee, the Company shall
additionally pay an Annual Community Benefit Payment in accordance
with the following:
1. Annual Community Benefit Payments: For as long as the Facility
is in operation, the Company shall pay to the Town the sum of
$50,000 annually for purposes of funding substance abuse and mental
health services in the Town, including, but not limited to school
substance abuse and counselling services.
a. The Annual Community Benefit Payment shall be paid annually
within 30 days following the end of each 12 months of operation,
commencing on the first day of the first full calendar month after
the commencement of operations for any part of the Facility used
for adult use marijuana operations.
b. The parties hereby recognize and agree that the Annual Community
Benefit Fee to be paid by the Company shall not be deemed an impact
fee subject to the requirements or limitations set forth in G.L.
c.94G, §3(d).
C. Additional Costs, Payments and Reimbursements
1. Permit and Connection Fees: The Company hereby acknowledges and
accepts, and waives all rights to challenge, contest or appeal, the
Town’s building permit fee and other permit application fees, sewer
and water connection fees, and all other local charges and fees
generally applicable to other commercial developments in the
Town.
2. Facility Consulting Fees and Costs: In addition to the Community
Impact
Fee, the Company shall reimburse the Town for any and all
reasonable consulting costs and fees related to any land use
applications concerning the Facility, negotiation of this and any
other related agreements, and any review concerning the Facility,
including planning, engineering, legal and/or environmental
professional consultants and any related reasonable disbursements
at standard rates charged by the above-referenced consultants in
relation to the Facility. Provided, however, that any upfront
payment for such fees and costs shall be offset against the annual
payment of 3% of gross sales.
3. Other Costs: The Company shall reimburse the Town for the actual
costs
incurred by the Town in connection with holding public meetings and
forums substantially devoted to discussing the Facility and/or
reviewing the Facility and for any and all reasonable consulting
costs and fees related to the monitoring and enforcement of the
terms of this Agreement, including, but not limited to independent
financial auditors and legal fees. Provided, however, that any
upfront payment for such fees and costs shall be offset against the
annual payment of 3% of gross sales.
4. Police Officer Training: The Company shall reimburse the Town
for the actual cost incurred for a local police officer to complete
Advanced Roadside Impairment Driving Enforcement training program.
Provided, however, that any upfront payment for such fees and costs
shall be offset against the annual payment of 3% of gross
sales.
5. Late Payment Penalty: The Company acknowledges that time is of
the
essence with respect to their timely payment of all funds required
under Section 2 of this Agreement. In the event that any such
payments are not fully made with ten (10) days of the date they are
due, the Town shall provide the Company with written notice of such
failure to make a timely payment. The Company shall have a ten (10)
day period to cure such failure to make timely payment from the
date of receipt of such notice. If the Company fails to make full
payment within such cure period, the Company shall be required to
pay the Town a late payment penalty equal to five percent (5%) of
such required payments.
D. Annual Charitable/Non-Profit Contributions
The Company, in addition to any funds specified herein, shall
annually contribute to the Town’s Scholarship Committee an amount
no less than $10,000. The annual Scholarship Committee contribution
shall be made annually beginning on the first anniversary following
the commencement of the operations, and shall continue for the term
of this Agreement.
E. Annual Reporting for Host Community Impact Fees and Benefit
Payments
The Company shall submit annual financial statements to the Town
within 30 days after the payment of its Annual Community Impact Fee
with a certification of its annual sales. The Company shall
maintain books, financial records, and other compilations of data
pertaining to the requirements of this Agreement in accordance with
standard accounting practices and any applicable regulations or
guidelines of the CCC. All records shall be kept for a period of at
least seven (7) years. Upon request by the Town, the Company shall
provide the Town with the same access to its financial records (to
be treated as confidential, to the extent allowed by law) as it is
required by the CCC and Department of Revenue for purposes of
obtaining and maintaining a license for the Facility During the
term of this Agreement and for three years following the
termination of this Agreement the Company agrees that shall agree,
in the event the Town is unable to verify the Company’s gross sales
and the payment of the required amount of the annual Community
Impact Fee, the upon request of the Town may require the Company to
have its financial records examined, copied and audited by an
Independent Financial Auditor, the expense of which shall be borne
by the Company, provided that such expense shall be offset against
the annual payment of 3% of gross sales. . The Independent
Financial Auditor shall review the Company’s financial records for
purposes of determining that the Annual Payments are in compliance
with the terms of this Agreement. Such examination shall be made
not less than thirty (30) days following written notice from the
Town and shall occur only during normal business hours and at such
place where said books, financial
records and accounts are maintained. The Independent Financial
Audit shall include those parts of the Company’s books and
financial records which relate to the payment, and shall include a
certification of itemized gross sales for the previous calendar
year, and all other information required to ascertain compliance
with the terms of this Agreement. The independent audit of such
records shall be conducted in such a manner as not to interfere
with the Company’s normal business activities.
3. Local Vendors and Employment
To the extent such practice and its implementation are consistent
with federal, state, and municipal laws and regulations, the
Company will make every effort in a legal and non-discriminatory
manner to give priority to local businesses, suppliers,
contractors, builders and vendors in the provision of goods and
services called for in the construction, maintenance and continued
operation of the Facility when such contractors and suppliers are
properly qualified and price competitive and shall use good faith
efforts to hire Town residents.
4. Local Taxes
At all times during the Term of this Agreement, property, both real
and personal, owned or operated by the Company shall be treated as
taxable, and all applicable real estate and personal property taxes
for that property shall be paid either directly by the Company or
by its landlord and neither the Company nor its landlord shall
object or otherwise challenge the taxability of such property and
shall not seek a non-profit or agricultural exemption or reduction
with respect to such taxes.
Notwithstanding the foregoing, (i) if real or personal property
owned, leased or operated by the Company is determined to be
non-taxable or partially non-taxable, or (ii) if the value of such
property is abated with the effect of reducing or eliminating the
tax which would otherwise be paid if assessed at fair cash value as
defined in G.L. c. 59, §38, or (iii) if the Company is determined
to be entitled or subject to exemption with the effect of reducing
or eliminating the tax which would otherwise be due if not so
exempted, then the Company shall pay to the Town an amount which
when added to the taxes, if any, paid on such property, shall be
equal to the taxes which would have been payable on such property
at fair cash value and at the otherwise applicable tax rate, if
there had been no abatement or exemption; this payment shall be in
addition to the payment made by the Company under Section 2 of this
Agreement.
5. Security
To the extent requested by the Town’s Police Department, and
subject to the security and architectural review requirements of
the CCC, or such other state licensing or monitoring authority, as
the case may be, the Company shall work with the Town’s Police
Department in determining the placement of exterior security
cameras.
The Company agrees to cooperate with the Police Department,
including but not limited to periodic meetings to review
operational concerns, security, delivery schedule and procedures,
cooperation
in investigations, and communications with the Police Department of
any suspicious activities at or in the immediate vicinity of the
Facility, and with regard to any anti-diversion procedures.
To the extent requested by the Town’s Police Department, the
Company shall work with the Police Department to implement a
comprehensive diversion prevention plan to prevent diversion, such
plan to be in place prior to the commencement of operations at the
Establishment.
6. Community Impact Hearing Concerns The Company agrees to employ
its best efforts to work collaboratively and cooperatively with its
neighboring businesses and residents to establish written policies
and procedures to address mitigation of any reasonable concerns or
issues that may arise through its operation of the Facility,
including, but not limited to any and all reasonable concerns or
issues raised at the Company’s required Community Outreach Meeting
relative to the operation of the Facility; said written policies
and procedures, as may be amended from time to time, shall be
reviewed and approved by the Town and shall be incorporated herein
by reference and made a part of this Agreement, the same as if each
were fully set forth herein.
7. Additional Obligations The obligations of the Company and the
Town recited herein are specifically contingent upon the Company
obtaining a license for operation of the Facility in the Town, and
the Company’s receipt of any and all necessary local approvals to
locate, occupy, and operate the Facility in the Town. This
agreement does not affect, limit, or control the authority of Town
boards, commissions, and departments to carry out their respective
powers and duties to decide upon and to issue, or deny, applicable
permits and other approvals under the statutes and regulations of
the Commonwealth, the General and Zoning Bylaws of the Town, or
applicable regulations of those boards, commissions, and
departments or to enforce said statutes, bylaws and regulations.
The Town, by entering into this Agreement, is not thereby required
or obligated to issue such permits and approvals as may be
necessary for the Facility to operate in the Town, or to refrain
from enforcement action against the Company and/or the Facility for
violation of the terms of said permits and approvals or said
statutes, bylaws, and regulations.
8. Electrical Usage and Renewable Energy Requirements
Prior to March 23, 2019, the Company shall (a) satisfy all minimum
energy efficiency and equipment standards established by the
Cannabis Control Commission and meet all applicable environmental
laws, regulations, permits, and other applicable approvals; (b)
adopt and use best management practices as determined by the
Cannabis Control; Commission to reduce energy usage and consumption
and engage in energy conservation; and (c) ensure that lighting
power densities for cultivation spaces does not exceed an average
of 36 watts per gross square foot of active and growing canopy.
Additionally, the Company is committed to utilizing LED lighting,
at a minimum, for the vegetative and flowering phases of its
cultivation operations. The Company agrees to enroll in the
Nantucket “PowerChoice Green” municipal electric aggregation
program, which supplies a 100% renewable power product and
contributes to the local solar rebate program.
The Company shall report to the Energy Office annually on its
energy use through an Energy Use Disclosure and shall include in
its annual report to the Board of Selectmen a summary of its
ongoing strategies to further reduce electrical demand.
9. Water Consumption
The Company shall use best efforts to minimize water consumption at
the Facility. Water consumption techniques shall include: (a) a
commitment to utilizing hand watering techniques to ensure plants
only receive the minimum amount of water needed for each plant; (b)
a commitment to not engaging in water intensive cultivation methods
such as ebb and flood hydroponic cultivation; and (c) installation
of dehumidifiers in each room where cultivation occurs to collect
and reuse moisture evaporating from plants resulting in reclamation
of significant quantities of water. .
10. Waste and Waste Water Controls The Company shall ensure that
All recyclables and waste, including organic waste composed of or
containing finished marijuana and marijuana products, shall be
stored, secured, and managed in accordance with applicable state
and local statutes, ordinances, and regulations. Liquid waste
containing marijuana or by-products of marijuana processing shall
be disposed of in compliance with all applicable state and federal
requirements, including but not limited to, for discharge of
pollutants into surface water or groundwater (Massachusetts Clean
Waters Act, M.G.L. c. 21 §§ 26-53; 314 CMR 3.00: Surface Water
Discharge Permit Program; 314 CMR 5.00: Groundwater Discharge
Program; 314 CMR 12.00: Operation Maintenance and Pretreatment
Standards for Wastewater Treatment Works and Indirect Dischargers;
the Federal Clean Water Act, 33 U.S.C. 1251 et seq., the National
Pollutant Discharge Elimination System Permit Regulations at 40 CFR
Part 122, 314 CMR 7.00: Sewer System Extension and Connection
Permit Program), or stored pending disposal in an industrial
wastewater holding tank in accordance with 314 CMR 18.00:
Industrial Wastewater Holding Tanks and Containers. Additionally,
the Company shall pay to have a Deduct Meter installed at the
Facility in order to monitor the municipal wastewater discharge at
the Facility. The Company is also committed shall to exclusively
useing organic or natural cultivation processes to which will limit
the risk of cultivation-related pollutants and contaminants from
being discharged into surface water and groundwater. To the extent
applicable, Company shall utilize cultivation processes such as
hand watering of plants and use of dehumidification systems to
ensure that there is no wastewater discharged as part of the
cultivation at the Facility. Company agrees to consult with the
Nantucket Sewer Department regarding its cultivation methods and
wastewater plan prior to commencing cultivation at the Facility or
in the event of a change of the Company’s cultivation practices
that may result in wastewater discharge at the Facility. all.
wastewater discharge from the Facility Company shall comply with
all reasonable requests of the Nantucket Sewer Department,
including, but not limited to, testing requirements and tank
holding requirements if necessary. All discharge from the Facility
shall be through two separate 1000 gallon minimum tanks. One tank
shall include a grease trap
Commented [A1]: As discussed, Green Lady is not utilizing a
hydroponic grow.
interceptor and shall have a regularly scheduled maintenance
program which shall be documented on a quarterly basis. The tanks
before cleaning or hauling or discharge to any municipal sanitary
sewer system must have contents tested by a state approved lab to
determine Chemical Oxygen Demand (COD), Biochemical Oxygen Demand
(BOD), Volatile Organic Compounds (VOC) and Soluble VOCs. The
report shall be submit to the Town for review and acceptance for
discharge.
Organic material, recyclable material and solid waste generated at
the Facility shall be redirected or disposed of as follows:
i. Organic material and recyclable material shall be redirected
from disposal in accordance with the waste disposal bans described
at 310 CMR 19.017;
ii. To the greatest extent feasible, any recyclable material as
defined in 310 CMR 16.02 shall be recycled in a manner approved by
the Cannabis Control Commission and any remaining marijuana waste
shall be ground and mixed with other organic material as defined in
310 CMR 16.02 such that the resulting mixture renders the marijuana
unusable for its original purpose. Once such marijuana waste has
been rendered unusable, the mixture may be composted or digested at
an aerobic or anaerobic digester at an operation that is in
compliance with the requirements of 310 CMR 16.00.
The Company shall ensure that solid waste containing cannabis waste
generated at the Facility is ground up and mixed with solid wastes
such that the resulting mixture renders the cannabis unusable for
its original purposes. Once such cannabis waste has been rendered
unusable, it will be brought to a solid waste transfer facility or
a solid waste disposal facility (e.g., landfill or incinerator)
that holds a valid permit issued by the Department of Environmental
Protection. The Company will ensure that no fewer than two agents
witness and document how the marijuana waste is disposed or
otherwise handled (recycled, composted, etc.) in accordance with
935 CMR 500.105(12). When marijuana products or waste is disposed
or handled, the Company will create and maintain a written or
electronic record of the date, the type and quantity disposed or
handled, the manner of disposal or other handling, the location of
disposal or other handling, and the names of the two Company agents
present during the disposal or other handling, with their
signatures. The Company shall keep these records for at least three
years.
11. Odor Control Technology The Company shall ensure that odor from
the Facility does not constitute a nuisance to surrounding
properties. The Company shall utilize a closed air system at the
Facility to not relive or introduce any outdoor air into the
Facility, nor allow any indoor air to escape. The Company shall
utilize high capacity activated carbon filter fans to constantly
recirculate the air and remove odors and harmful volatile organic
compounds (VOCs) from the Facility. The Company shall ensure proper
maintenance of all odor mitigation equipment and will replace
carbon filters in a timely manner according to manufacturer
recommendations to ensure maximum efficiency.
12. Limitations on Use The Company agrees that, even if authorized
under CCC regulations, it will not engage in delivery of adult use
marijuana directly to consumers, or on-site social consumption
absent approval from the Board of Selectmen. The Company
additionally agrees that all edible marijuana products in the form
of candy or other confections shall meet the requirements of 935
CMR 500.105(5) and shall additionally be submitted to the Board of
Health for review and comment on the form of the product prior to
being marketed or sold by the Facility. it will not produce or sell
items that resemble or are in the form of “commercially available
candy”
13. Re-Opener/Review The Company or any “controlling person” in the
Company, as defined in 935 CMR 500.02, shall be required to provide
to the Town notice and a copy of any other Host Community Agreement
entered into for any establishment in which the Company, or any
controlling person in the Company, has any interest and which is
licensed by the CCC as the same type of establishment as the entity
governed by this agreement. In the event the Company or any
controlling person enters into a Host Community Agreement for a
marijuana retail establishment, a marijuana cultivation
establishment and/or a marijuana product manufacturing
establishment with another municipality in the Commonwealth that
contains financial terms resulting in payments of a Community
Impact Fee or other payments totaling a higher percentage of gross
sales for the same type of establishment than the Company agrees to
provide the Town pursuant to this Agreement, then the parties shall
reopen this Agreement and negotiate an amendment resulting in
financial benefits to the Town equivalent or superior to those
provided to the other municipality. In the event that the Town
enters in to a Host Community Agreement for a marijuana retail
establishment, a marijuana cultivation establishment and/or a
marijuana product manufacturing establishment with another company
that contains financial terms resulting in payments of a Community
Impact Fee or other payments totaling a lower percentage of gross
sales than the Company agrees to provide the Town pursuant to this
Agreement, then the parties shall reopen this Agreement and
negotiate an amendment resulting in financial terms equivalent or
lower than those imposed on the other company.
14. Support
The Town agrees to submit to the CCC, or such other state licensing
or monitoring authority, as the case may be, the required
certifications relating to the Company’s application for a license
to operate the Facility where such compliance has been properly
met, but makes no representation or promise that it will act on any
other license or permit request, including, but not limited to any
zoning application submitted for the Facility, in any particular
way other than by the Town’s normal and regular course of conduct
and in accordance with its rules and regulations and any statutory
guidelines governing them.
15. Term Except as expressly provided herein, this Agreement shall
take effect on the date set forth above, and shall be applicable
for as long as the Company operates the Facility or any of its
licensed components, including marijuana cultivation, marijuana
product manufacturing and/or marijuana retail operations in the
Town, with the exception of the Community Impact Fee as set forth
in Section 2 herein, which shall be subject to the five (5) year
statutory limitations of G.L. c.94G, §3(d). In the event the
Company has not secured a final license from the CCC and all
necessary local permits from the Town and commenced operations at
the Facility within two years from the date this Agreement takes
effect, this Agreement shall expire and the Company shall be
required to negotiate a new Host Community Agreement in order to
operate the Facility within the Town. The Board of Selectmen, in
its discretion, may agree to an extension of the two year
expiration, for good cause, which shall include the time required
to pursue or await the determination of an appeal of the special
permit or other legal proceeding.
16. Annual Reporting The Company shall file an annual written
report with the Select Board in connection with its annual
financial submissions each year for purposes of reporting on
compliance with each of the terms of this Agreement and shall, at
the request of the Select Board, appear at a regularly scheduled
meeting to discuss the Company’s Annual Report.
17. Successors/Assigns
The Company shall not assign, sublet, or otherwise transfer its
rights nor delegate its obligations under this Agreement, in whole
or in part, without the prior written consent from the Town, and
shall not assign any of the monies payable under this Agreement,
except by and with the written consent of the Town and shall not
assign or obligate any of the monies payable under this Agreement,
except by and with the written consent of the Town. This Agreement
is binding upon the parties hereto, their successors, assigns and
legal representatives. Neither the Town nor the Company shall
assign, sublet, or otherwise transfer any interest in the Agreement
without the written consent of the other. Events deemed an
assignment include, without limitation: (i) Company’s final and
adjudicated bankruptcy whether voluntary or involuntary; (ii) the
Company’s takeover or merger by or with any other entity; (iii) the
Company’s outright sale of assets and equity, majority stock sale
to another organization or entity for which the Company does not
maintain a controlling equity interest; (iv) or any other change in
ownership or status of the Company; (v) any assignment for the
benefit of creditors; and/or (vi) any other assignment not approved
in advance in writing by the Town.
18. Notices Any and all notices, consents, demands, requests,
approvals or other communications required or permitted under this
Agreement, shall be in writing and delivered by hand or mailed
postage prepaid, return receipt requested, by registered or
certified mail or by other reputable delivery service, and shall be
deemed given when so delivered by hand, if so mailed, when
deposited with the U.S. Postal Service, or, if sent by private
overnight or other delivery service, when deposited with such
delivery service.
To Town: Town Manager, Town of Nantucket 16 Broad Street Nantucket,
MA 02554 Facsimile: 508-228-7272
To Company: The Green Lady Dispensary, Inc. 11 Amelia Drive, 15
Skyline Drive Nantucket, MA 02554
19. Severability If any term of condition of this Agreement or any
application thereof shall to any extent be held invalid, illegal or
unenforceable by a court of competent jurisdiction, the validity,
legality, and enforceability of the remaining terms and conditions
of this Agreement shall not be deemed affected thereby unless the
Town would be substantially or materially prejudiced. Further, the
Company agrees that it will not challenge, in any jurisdiction, the
enforceability of any provision included in this Agreement; and to
the extent the validity of this Agreement is challenged by the
Company in a court of competent jurisdiction, the Company shall pay
for all reasonable fees and costs incurred by the Town in enforcing
this Agreement.
20. Governing Law This Agreement shall be governed by, construed
and enforced in accordance with the laws of the Commonwealth of
Massachusetts, and the Company submits to the jurisdiction of any
of its appropriate courts for the adjudication of disputes arising
out of this Agreement.
21. Entire Agreement This Agreement, including all documents
incorporated herein by reference, constitutes the entire integrated
agreement between the Company and the Town with respect to the
matters described herein. This Agreement supersedes all prior
agreements, negotiations and representations, either written or
oral, and it shall not be modified or amended except by a written
document executed by the parties hereto.
22. Amendments/Waiver:
Amendments, or waivers of any term, condition, covenant, duty or
obligation contained in this Agreement may be made only by written
amendment executed by all signatories to the original Agreement,
prior to the effective date of the amendment.
23. Headings:
The article, section, and/or paragraph headings in this Agreement
are for convenience of reference only, and shall in no way affect,
modify, define or be used in interpreting the text of this
Agreement.
24. Counterparts
This Agreement may be signed in any number of counterparts all of
which taken together, each of which is an original, and all of
which shall constitute one and the same instrument, and any party
hereto may execute this Agreement by signing one or more
counterparts.
25. Signatures.
Facsimile signatures affixed to this Agreement shall have the same
weight and authority as an original signature.
26. No Joint Venture:
The Parties hereto agree that nothing contained in this Agreement
or any other documents executed in connection herewith is intended
or shall be construed to establish the Town, or the Town and any
other successor, affiliate or corporate entity as joint ventures or
partners.
27. Nullity
This Agreement shall be null and void in the event that the Company
does not locate the Facility in the Town or relocates the Facility
out of the Town. Further, in the case of any relocation out of the
Town, the Company agrees that an adjustment of Annual Payments due
to the Town hereunder shall be calculated based upon the period of
occupation of the Facility within the Town, but in no event shall
the Town be responsible for the return of any funds provided to it
by the Company.
28. Indemnification The Company shall indemnify, defend, and hold
the Town harmless from and against any and all claims, demands,
liabilities, actions, causes of actions, defenses, proceedings
and/or costs and expenses, including attorney’s fees, brought
against the Town, their agents, departments, officials,
employees, insurers and/or successors, by any third party arising
from or relating to the development of the Property and/or
Facility. Such indemnification shall include, but shall not be
limited to, all reasonable fees and reasonable costs of attorneys
and other reasonable consultant fees and all fees and costs
(including but not limited to attorneys and consultant fees and
costs) shall be at charged at regular and customary municipal
rates, of the Town’s choosing, incurred in defending such claims,
actions, proceedings or demands. The Company agrees, within thirty
(30) days of written notice by the Town, to reimburse the Town for
any and all costs and fees incurred in defending itself with
respect to any such claim, action, proceeding or demand.
29. Third-Parties Nothing contained in this agreement shall create
a contractual relationship with or a cause of action in favor of a
third party against either the Town or the Company.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year first written above.
TOWN OF NANTUCKET THE GREEN LADY DISPENSARY, INC.
__________________________________
__________________________________ C. Elizabeth Gibson Rupert
Campbell Town Manager President
July 25, 2018 Select Board Agenda Item Waiver of Provision in
P&S Agreement with Harbor Fuel Background The closing of the
P&S for the sale of Town property (11 Industry Road) to Harbor
Fuel is contingent, at the Town’s option, upon Winthrop Associates
(owner of fuel tank farm property) granting the Town a restriction,
agreeing that the Winthrop property will not be used for fuel tank
farm purposes after Harbor Fuel relocates to the Town property.
Winthrop Association is unwilling to grant the restriction to the
Town. The Town has learned, through discussions with Harbor Fuel,
Winthrop Associates, Town Counsel, and others knowledgeable about
the industry, that the Harbor Place Owner’s Group intends to
redevelop the site for other purposes, and believes that the risk
of a fuel tank farm continuing to operate at the Winthrop site
after Harbor Fuel leaves is low. The closing cannot occur unless
either Winthrop agrees to the restriction or the Town
removes/waives the requirement that it obtain the restriction from
Winthrop. Harbor Fuel has agreed that it will not use the Winthrop
property for bulk fuel storage purposes after it has relocated to
the Industrial road site, with the caveat discussed below. Town
Administration Recommendation Waive the restriction from Winthrop
and obtain a restriction from Harbor Fuel instead, using the
following language proposed by Town Counsel: “Harbor Fuel agrees
that neither Harbor Fuel nor its parent, subsidiaries and/or
affiliates shall use the Winthrop property for fuel storage
purposes or operate a fuel storage facility thereon, except that
Harbor Fuel may use and operate on the Winthrop property a fuel
storage facility for the sole and exclusive purpose of providing
fuel in support of boating activities in Nantucket Harbor.”
STATUS REPORT OF LAND BANK EXCHANGE TOWN PARCELS
7/19/18
Parcel 1 Description: Area: 17.8 Acres; waterfront Assessor’s ID:
Map 38 Parcel 30 Common Name: “Wood Property”; 55 Warren’s Landing
Road Title Ref.: Certificate of Title 6620 Record Owner:
Inhabitants of the Town of Nantucket Record Plan: Land Court Plan
12127-B Conditions Precedent to Conveyance
a. Conservation Commission voted to transfer custody of the Parcel
to Board of Selectmen for conveyance to Land Bank
b. Requested from EEA its consent to this conveyance under the Self
Help Agreement by the Secretary of Energy and Environmental
Affairs. EEA has required a Project Agreement with Land Bank. EEA
is reviewing the Project Agreement as revised by Land Bank
Counsel.
c. Easement Plan prepared. d. One Big Beach Easement agreed upon by
Town and Land Bank.
Parcel 2 – Deed to be executed by Board of Selectmen at 7/25/18
meeting and delivered to Land Bank Description: Area: 42.3 Acres;
waterfront Assessor’s ID: Map 82 Parcel 22 Common Name: Smooth
Hummocks- Heller Way Parcel Title Ref.: Book 118 Page 362 (Owners
Unknown Taking 5/6/1959) Record Owner: County of Nantucket Record
Plan: Land Court Plan 17368-A (not registered) Conditions Precedent
to Conveyance
a. County conveyed by Deed the Parcel to the Town, acting by and
through its Board of Selectmen.
b. One Big Beach Easement agreed upon by Town and Land Bank.
Parcel 3 Description: Area: 38.34 Acres; waterfront Assessor’s ID:
Map 81 Parcel 59 Common Name: Off Bartlett Road Title Ref.: Book
248 Page 302 (Deed of USA through the National Park Service) Record
Owner: Town of Nantucket Record Plan: Parcel B Plan File 18-F
Conditions Precedent to Conveyance
a. Delivered Deed and Assent by U.S. Department of Interior to
National Park Service for final approval and execution of the
Assent to the Deed. Deed was already approved by George Robinson of
the National Park Service.
b. Side Agreement agreed to by Town and Land Bank
Parcel 4 Description: Area: 41.66 Acres Assessor’s ID: Map 82
Parcel 86 Common Name: Smooth Hummocks Title Ref.: Book 248 Page
302 (Deed of USA through the National Park Service) Record Owner:
Town of Nantucket Record Plan: Parcel A Plan File 18-F Conditions
Precedent to Conveyance
a. Delivered Deed and Assent by U.S. Department of Interior to
National Park Service for final approval and execution of the
Assent to the Deed. Deed was already approved by George Robinson of
the National Park Service.
b. Side Agreement agreed to by Town and Land Bank.
Parcel 5 –Deed delivered to Land Bank Description:
Area: 96,590 s.f. Assessor’s ID: Map 67 Parcel 345 Common Name: 1
Miacomet Road Title Ref.: Book 644 Page 237 (Town of Nantucket
taking 12/15/1999) Record Owner: Town of Nantucket
Record Plan: Parcel A Plan File 56-E (entire taken parcel) Lot 1 on
Plan 35 of 2010
Parcels 6 – 9 Already conveyed. Parcel 10 – Deed Delivered to Land
Bank Description: Area: 0.482 Acres (assessor); 20,806 s.f. (Plan
35 of 2010 – Lot A) Assessor’s ID: Map 67 Parcel 681 Common Name: 3
Miacomet Road Title Ref.: Book 644 Page 237 (Town of Nantucket
taking 12/15/1999) Record Owner: Town of Nantucket
Record Plan: Parcel A Plan File 56-E (entire taken parcel); Parcel
is Lot A on Plan 35 of 2010
Parcel 11 – Deed recorded by Town in Book 1489 Page 121 on
6/29/2015 Confirmatory Deed delivered to Land Bank Description:
Area: 0.872 Acres (assessor); 38,010 s.f. (Plan 35 of 2010)
Assessor’s ID: Map 67 Parcel 680 Common Name: 5 Miacomet Road Title
Ref.: Book 644 Page 237 (Town of Nantucket taking 12/15/1999)
Record Owner: Town of Nantucket
Record Plan: Parcel A Plan File 56-E (entire taken parcel); Parcel
is Lot 3 on Plan 35 of 2010
Parcel 12 -- Deed recorded by Town in Book 1489 Page 121 on
6/29/2015 Confirmatory Deed delivered to Land Bank Description:
Area: 0.612 Acres (assessor); 26,461 s.f. (Plan 35 of 2010)
Assessor’s ID: Map 67 Parcel 679 Common Name: 9 Miacomet Road
(first of 2) Title Ref.: Book 644 Page 237 (Town of Nantucket
taking 12/15/1999) Record Owner: Town of Nantucket
Record Plan: Parcel A Plan File 56-E (entire taken parcel); Parcel
is Lot 2 on Plan 35 of 2010
Parcel 13- Deed delivered to Land Bank Description: Area: 0.84
Acres Assessor’s ID: Map 67 Parcel 346
Common Name: 9 Miacomet Road (second of 2) Title Ref.: Book 681
Page 33 (Deed to Town) Record Owner: Town of Nantucket
Record Plan: Plan Book 19 Page Parcel 14- Deed to be executed by
Board of Selectmen at 7/25/18 meeting and delivered to Land Bank
Description: Area: 0.775 Acres Assessor’s ID: Map 55.1.4 Parcel 15
Common Name: Consue Springs Title Ref.: Certificate 4854 Record
Owner: Inhabitants of the Town of Nantucket
Record Plan: Lot 1 Land Court Plan 10452-A Conditions Precedent to
Conveyance
a. Town received Order of Withdrawal from Registration of the
Parcel and will record the Order with the Registry of Deeds and the
Registry District of the Land Court.
b. Terms of construction, maintenance and repair of pedestrian
easement; and terms of drainage and flood control easements and
construction, maintenance and repair of drainage facilities on this
Parcel and Parcels 15 and 16 agreed upon by Town and Land
Bank.
Parcel 15- Deed to be executed by Board of Selectmen at 7/25/18
meeting and delivered to Land Bank Description: Area: 0.875 Acres
(assessor); 38,161 s.f. (plan) Assessor’s ID: Map 55 Parcel 404.1
Common Name: 84 Union Street Title Ref.: Book 227 Page 145
Record Owner: Town of Nantucket acting through the Nantucket
Conservation Commission
Record Plan: Lot 2 Plan File 14-D Conditions Precedent to
Conveyance
a. Conservation Commission voted to transfer the custody of the
Parcel to the Board of Selectmen for its conveyance to the Land
Bank.
b. Terms of drainage and flood control easements and construction,
maintenance and repair of drainage facilities on this Parcel and
Parcels 14 and 16 agreed upon by Town and Land Bank.
Parcel 16- Deed to be executed by Board of Selectmen at 7/25/18
meeting and delivered to Land Bank Description: Area: 0.875 Acres
(assessor); 38,161 s.f. (plan) Assessor’s ID: Map 55 Parcel 404.2
Common Name: 84R Union Street Title Ref.: Book 211 Page 227
Record Owner: Town of Nantucket acting through the Nantucket
Conservation Commission
Record Plan: Lot 3 Plan File 14-D Conditions Precedent to
Conveyance
a. Conservation Commission voted to transfer the custody of the
Parcel to the Board of Selectmen for its conveyance to the Land
Bank.
b. Terms of drainage and flood control easements and construction,
maintenance and repair of drainage facilities on this Parcel and
Parcels 15 and 16 agreed upon by Town and Land Bank.
Parcel 17- Deed to be executed by Board of Selectmen at 7/25/18
meeting and delivered to Land Bank Description: Area: 3.3 Acres
Assessor’s ID: Map 82 Parcel 14 Common Name: Mioxes Pond Road Title
Ref.: Certificate of Title No. 5989
Record Owner: Nantucket Conservation Commission Record Plan: Lot 6
Land Court Plan 17368-C
Conditions Precedent to Conveyance
a. Conservation Commission voted to transfer the custody of the
Parcel to the Board of Selectmen for its conveyance to the Land
Bank.
b. One Big Beach Easement agreed upon by Town and Land Bank.
591753v7NANT19713/0031
emooney
emooney
84 & 84R Union St, Lots 2 & 3, Plan File 14-D
emooney
Callout
The TOWN OF NANTUCKET, a Massachusetts municipal corporation,
acting
by and through its Board of Selectmen and its Conservation
Commission, having an address of Nantucket Town & County
Building, 16 Broad Street, Nantucket, Massachusetts 02554
(“Grantor”) pursuant to the authority of (i) Articles 86 and 102
voted upon at the 2014 Annual Town Meeting, certified copies of
which are attached hereto, (ii) a vote by the Town of Nantucket
Conservation Commission on July 25, 2018, a certified copy of which
Minutes is attached hereto, and (iii) Chapter 217 of the Acts of
2014, a true copy of which is attached hereto, for consideration of
One Dollar ($1.00) hereby grants with QUITCLAIM COVENANTS to the
NANTUCKET ISLANDS LAND BANK, established pursuant to Chapter 669 of
the Acts of 1983, as amended, acting by and through the Nantucket
Islands Land Bank Commission, having an address of 22 Broad Street,
Nantucket, Massachusetts 02554 (“Grantee”) for open space purposes
three certain parcels of land known as “Consue Spring” located on
Union Street, and 84 and 84R Union Street, all in Nantucket,
Massachusetts (together, the “Premises”), being more particularly
described as follows:
Consue Spring, Union Street (Unregistered) A certain parcel of land
on Union Street shown as Lot 1 on a plan of land entitled
“Plan of Land in Nantucket,” prepared by Josiah S. Barrett,
Engineer, dated January 14, 1963, and filed with the Nantucket Land
Registration Office of the Land Court as Land Court Plan No.
10452-A and being more particularly bounded and described as
follows:
Westerly by the easterly line of Union St., thirty-four and 39/100
(34.39) feet; Northwesterly by land now or formerly of Ethelbert
Dunham et ux ninety-seven and 32/100 (97.32) feet; Northeasterly
twenty-six and 78/100 (26.78) feet; and Northwesterly one hundred
sixty-seven and 19/100 (167.19) feet, by land now or formerly of
Grace J. Aguiar;
15012/4
A1382239.v3
Easterly by land now or formerly of the Town of Nantucket, two
hundred seventy-eight and 18/100 feet (278.18); and Southerly by
land now or formerly of Jacqueline S. Harris, two hundred
thirty-nine and 03/100 (239.03) feet.
Said land is subject to a drainage easement from Philip Murray, Sr.
to the
Inhabitants of the Town of Nantucket, dated November 13, 1939,
recorded with Nantucket County Registry of Deeds in Book 109, Page
153.
Grantor hereby reserves a pedestrian easement over said parcel
connecting the
former railroad bed owned by the Grantor to Union Street in the
location shown on the sketch plan attached as Exhibit A as
“Proposed Easement”. The Grantee shall maintain and use the dirt
pathway consistent with the purposes of the Land Bank Act and
consistent with its usual management practices. However, if the
Grantor determines with the Grantee’s consent to expand the pathway
or alter its condition, then the Grantor shall construct the
altered pathway at its expense. After such expansion or alteration,
Grantor shall maintain the pathway at its expense pursuant to the
Drainage Easement terms (defined below).
For Grantor’s title see Owner’s Certificate of Title No. 4854 on
file with
Nantucket Registry District of the Land Court, and Order of the
Massachusetts Land Court dated __________, 2018, de-registering the
parcel filed as Document No. ___________ and recorded in Book
______ Page _______. This Parcel is approximately shown on the Town
of Nantucket Assessor’s Map 55.1.4 as Parcel 15. 84 Union Street
(Unregistered) A certain parcel of land located on Union Street and
shown as Lot 2 on a plan of land entitled “Subdivision Plan of Land
in Nantucket, Massachusetts, Prepared for Gwen W. Gaillard,” dated
December 8, 1983, prepared by Michael S. Bachman, R.L.S., recorded
with said Deeds as Plan File 14-D and bounded and described as
follows: Northeasterly by Lot 3 shown on said Plan, two hundred
nineteen and 35/100 (219.35) feet; Southeasterly by Lot 3 on said
Plan, two hundred thirty and 29/100 (230.29) feet; Southwesterly by
land now or formerly of Lulu Cash, forty-one and 18/100 (41.18)
feet; Southwesterly by land now or formerly of Ralph L. and Doris
A. Murray, one hundred fifty-seven and 71/100 (157.71) feet;
15012/4
A1382239.v3
Westerly by Lot 1 on said Plan, one hundred fifty and 00/100
(150.00) feet; Southwesterly by Lot 1 on said Plan, one hundred
thirty-three and 93/100 (133.93) feet; and Northwesterly by Union
Street, by two courses totaling one hundred one and 4/100 (101.04)
feet. Said Lot 2 contains 38,161 square feet, more or less,
according to said Plan. For Grantor’s title see Deed dated March
29, 1985, recorded with said Deeds in Book 227, Page 145. This
Parcel is approximately shown on the Town of Nantucket Assessor’s
Map 55 as Parcel 404.1. 84R Union Street (Unregistered) A certain
parcel of land located at 84 R Union Street shown as Lot 3 on a
plan of land entitled “Subdivision Plan of Land in Nantucket,
Massachusetts, Prepared for Gwen W. Gaillard,” dated December 8,
1983, prepared by Michael S. Bachman, R.L.S. and recorded with said
Deeds as Plan File 14-D and bounded and described as follows:
Northeasterly by Lot 1 shown on Land Court Plan No. 10452-A and
land of Town of Nantucket, two hundred sixty –one and 23/100
(261.23) feet; Easterly by land of Town of Nantucket, three hundred
eighty and 52/100 (380.52) feet; Southwesterly by land now or
formerly of Lulu Cash, one hundred forty-three and 88/100 (143.88)
feet; Westerly by Lot 2 as shown on said Plan, two hundred thirty
and 29/100 (230.29) feet; and Southwesterly by said Lot 2, two
hundred nineteen and 35/100 (219.35) feet. Said Lot 3 contains
38,161 square feet, more or less, according to said Plan. For
Grantor’s title see Deed dated January 24, 1984, recorded with said
Deeds in Book 211, Page 227. This Parcel is approximately shown on
the Town of Nantucket Assessor’s Map 55 as Parcel 404.2.
By accepting this deed, the Grantee agrees to use and maintain the
Premises consistent with the purposes of the Land Bank Act and
consistent with its usual management practices.
15012/4
A1382239.v3
The Grantor reserves an easement over any portion of the Premises
for purposes of drainage and flood control. Grantor may take such
measures over any portion of the Premises as it deems necessary in
its sole discretion to provide drainage and prevent storm water
flooding, including (i) to construct, install, maintain, operate,
inspect, repair and replace drainage pipes, culverts, and other
drainage facilities or structures, (ii) to control the water level
in the pond shown on Plan File 14-D, (iii) to undertake such
activities, including but not limited to management of vegetation,
pumping and dredging of the pond and drainage facilities and (iv)
to allow pedestrian and vehicular access over the Premises for said
purposes (the “Drainage Easement”). All activities pursuant to the
Drainage Easement shall be at Grantor’s sole expense. Whenever any
construction, installation, maintenance or replacement work is to
be performed by the Grantor on the Premises for purposes of the
Drainage Easement, such work shall not be undertaken until the
Grantor has (i) notified Grantee in writing of Grantor’s plans and
has reached a mutually acceptable design, and (ii) procured all
necessary approvals and permits. Grantor shall perform all such
work in a safe, diligent and workmanlike manner and in compliance
with all applicable laws, ordinances, rules and regulations. To the
extent that the exercise of the Grantor’s rights pursuant to the
Drainage Easement disturbs the land, then the Grantor shall, at its
sole cost and expense, promptly restore said land or area to the
condition said land was in immediately prior thereto so far as is
reasonably practicable and plant replacement vegetation. No deed
stamps are due on this conveyance pursuant to G.L. c.64D, §
1.
<The balance of this page is intentionally blank.>
15012/4
A1382239.v3
Executed under seal this day of , 2018. TOWN OF NANTUCKET By its
BOARD OF SELECTMEN Jason Bridges Dawn E. Hill Holdgate Matthew G.
Fee Rita Higgins ______________________________ James R. Kelly
Exhibit A Pedestrian Path
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. On this day of , 2018, before me, the undersigned
Notary Public, personally appeared, Jason Bridges, Dawn E. Hill
Holdgate, Matthew G. Fee, Rita Higgins and James R. Kelly, members
of the Town of Nantucket Board of Selectmen and proved to me
through satisfactory evidence of identification, which was personal
knowledge, to be the persons whose names are signed on the
preceding document, and acknowledged to me that they signed it
voluntarily for its stated purpose as members of the Town of
Nantucket Board of Selectmen. Notary Public
My Commission Expires:
TOWN OF NANTUCKET CONSERVATION COMMISSION
CONSENT Both parcels of land located at 84 Union Street and 84R
Union Street were
conveyed by Gwendolyn W. Gaillard to the Town of Nantucket, acting
by and through the Nantucket Conservation Commission. At a meeting
duly called and noticed, at which a quorum was present and voting
on _________________, said Conservation Commi