July 24, 2015 - nantucket-ma.gov

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Transcript of July 24, 2015 - nantucket-ma.gov

MEMO Date: July 24, 2015

TO: Bob DeCosta

FROM: Laura Stewart, Saltmarsh Senior Center, Program Coordinator

RE: Request for acceptance of gift

I am writing to request acceptance of the following gift donation:

From Joyce McGrath: $5.00 to the Saltmarsh Senior Center

Thank you,

Laura Stewart

from the desk of…..

Laura Stewart Program Coordinator, Senior Services 81 Washington Street phone: 508-228-4490 Nantucket, MA 02554 fax: 508-325-5366 508-228-4490 e-mail: [email protected]

Town of Nantucket Department of Public Works MEMO

To: Board of Selectmen

From: Kara Buzanoski

Subject: Request by Habitat for Humanity for sewer fees waiver

Date: 7/29/15

Attached please find a request from Habitat for Humanity for waivers of both the sewer application fee and the sewer privilege fee for the residential property they are developing at Sachem’s Path. The application fee is $2000 and the privilege fee is $6322.15.

While the application fee can be waived as it applies to clerical services, the privilege fee

funds the upgrade to the wastewater treatment plant. However, the Board of Selectmen can support Habitat’s mission of providing affordable housing by waiving the privilege fee.

In the past if waivers of privilege fees for affordable housing have been requested from the Board and granted, then the granting of this waiver would be appropriate.

188 Madaket Rd., Nantucket, MA 02554 (508) 228-7244 Fax (508) 228-7289

From: Amy BaxterTo: Erika MooneySubject: Noise Waiver RequestDate: Wednesday, July 22, 2015 9:06:57 AM

Hi Erika,

I would like to request the following noise waiver request be put on the August 5 BOS meeting for review:

Applicant: Boys & Girls Club, Summer GrooveEvent Date: Saturday, August 15Time requested: 5:00 pm - 11:00 pmLocation: Boys & Girls Club, 61 Sparks Ave.Description: Seated Dinner with Live Band and Dancing in the new B&G Club Building.

Please let me know if you need anything else.

Thanks,

Amy

Amy C. BaxterEvent CoordinatorTown of Nantucket

4 Fairgrounds RoadNantucket, MA 02554

[email protected]

Special Events Permit Application

Beach Events Calendar

From: Amy BaxterTo: Erika MooneyCc: [email protected]: Noise Waiver RequestDate: Thursday, July 16, 2015 9:00:07 AM

Hi Erika,

I would like to request the following noise waiver request be put on the next available BOS meeting for review:

Applicant: Charles McGowanEvent Date: Thursday, August 6Time requested: 6:00 pm - 11:00 pmLocation: Pumpkin Pond Farm Road, 25 Millbrook Road

Event Description: The Collective Shenanigan Presents: Creative Combustion! The Closing Party For "Island Affect" An emerging artists show comprised of Nantucket natives and wash-a-shores. With Live Music by Coq Au Van! Followed by DJ Discoface, and Audio Architects! Please come and enjoy an evening of entertainment and celebrate the arts! Thursday, August 6th at Pumpkin Pond Farm 25 Milbrook Rd, Nantucket, MA 02554 6:00 PM to 11:00 PM $20 tickets online $25.00 at the door 6:00- 8:00 – Coq Au Van 8:00 – 9:00 - DJ Discoface, Spinning House and Electro Swing 9:00 – 11: - Audio Architects Surprise Performances!

Please let me know if you need anything else.

Thanks,

Amy

Amy C. BaxterEvent CoordinatorTown of Nantucket

4 Fairgrounds RoadNantucket, MA 02554

[email protected]

Special Events Permit Application

Beach Events Calendar

THE COLLECTIVE SHENANIGAN 25 Millbrook Rd

Nantucket, MA 02554 508-221-3183

Dear Neighbor,

I, Charles McGowan of The Collective Shenanigan would like to formally notify you that we are having an art show at Pumpkin Pond Farm from July 30th to August 6th. We will be hosting the Opening Reception from 6-9 on Thursday July 30th, with Acoustic Entertainment. We will also be hosting a closing party on Thursday August 6th with Amplified, (but not overly loud) entertainment from 6-11PM with your consent. Consider this your Invite to the show and party. I am applying for a noise extension from the board of selectmen until 11 PM. I hope that this will not bother you as we only do it once a year. Portions of the proceeds will be going to my friend Mishael for her breast cancer and I hope that you will attend as it is a very fun and entertaining night!

Thank you for taking the time to read this over. Please call me at 508-221-3183 if you have any questions I would be more

than happy to answer them and if you have any complaints please call me on the nights of the events and I will be sure to take care of them.

Sincerely, Charles McGowan

07/29/2015

To the Board of Selectmen:

Typically, Cisco Brewers does not hold events in the evening at the brewery. Our

current entertainment license has our music ending at 7pm. However, this year, we

have been approached to host two evening events that we are happy to consider.

Bartlett’s event manager, Amy Zielinski, has asked if we could host their annual

employee/staff party at Cisco. On Friday, August 21st, Bartlett Farm will close at 6pm as

usual and come to Cisco Brewery. The Farm is requesting an extension of our existing entertainment permit from 7pm to 10pm. They would like the option of a live band or

recorded music being played through our house system and the ability to setup a

slideshow for viewing. We will meet all decibel and noise ordinances set by the Town of Nantucket.

The other evening event is Friday, September 18th. Connor Hayes, asked if we could

host a welcome reception at Cisco. They plan to arrive at 6pm, conduct a welcome speech and toast. Connor, is requesting an extension of our existing entertainment

permit from 7pm to 10pm. They would like to give a speech and play low level recorded

music for background through our house system and the ability to setup a slideshow for viewing. We will meet all decibel and noise ordinances set by the Town of Nantucket.

As the holder of the entertainment permit, we are happy to send a letter in support of their requests.

Regards, Dean Long & Melissa Long, Jay Harman, Wendy & Randy Hudson Cisco Brewers, Triple Eight Distillery and Nantucket Vineyard. 5 Bartlett Farm Rd Nantucket, MA 02554

! 33 Bartlett Farm Road, Nantucket, MA 02554

(508) 228-9403 •Fax: (508) 228-5340 www.bartlettsfarm.com

Dear Nantucket Board of Selectman,

I am writing to you on behalf of Bartlett’s Farm. We are aware of the time constraints for events at the brewery and we are wondering if it would be possible to get one-time waiver to hold our end of season staff party at Cisco Brewery on Friday, August 21st from 7-9:45pm. We are looking into having the available food trucks do the catering or possibly another catering company and we would like to have the option of having a live band perform followed by recorded music. If this is possible I would appreciate knowing what steps we would need to take to make it a reality.

Sincerely,

! Laura Steele Human Resources Manager [email protected] 508-228-9403 x26

Wednesday, July 29, 2015

Dear Nantucket Board of Selectman,

I would like to request an extension of the Cisco Brewery Entertainment License on September 18, 2015. The event will be for my rehearsal dinner from 6pm - 9:30pm. Transportation for all guests is to be provided to and from the event by Cranberry Transportation Service. There will be NO live band or DJ, but we would have amplified sound for speeches / light background music and a slideshow. Dinner will be catered by Slip 14. Thank you, Connor Hayes [email protected] 949-514-4744

Board of Selectmen’s Meeting August 5, 2015 Harbors & Town Pier Regulations Agenda Item As of 07/30/15 Background These regulations were most recently amended in April, 2015. Those amendments came about as as a result of an effort to streamline the administration of the mooring permit process and Town Pier slip assignments. During a meeting (March 19, 2015) with several stakeholders (mooring handlers, boat repair yard owners, commercial fishermen and boaters) about the proposed amendments, the concept of longer slip assignments in conjunction with increased fees was raised and there appeared to be a consensus of that particular group to proceed with this concept. The April, 2015 amendments primarily revolved around: -- definition changes -- minor wording and process changes to reflect current practice -- the strengthening of restrictions on types of moorings -- the establishment of fee categories/fee increases/new fees: Categories (Town Pier Slips): -- Recreational Vessels “A” (initially awarded by lottery for up to 2 years) -- Recreational Vessels “B” (vessels less than 30’; awarded by lottery annually) Fee Increases: -- Moorings: -- Town Pier Slips:

-- Recreational Vessels “A” (increase of $80/ft to $100/ft) -- Recreational Vessels “B” (no change - $80/ft) -- Commercial Vessel “A” (increase of $100/ft to $150/ft) -- Commercial Vessel “B” (increase of $100/ft to $125/ft) -- Non-resident Commercial Off-load fee - $100/yr -- Transient Rate - $15/hour (up to $75/day) -- Commercial Fishing Transient/50’ or less - $0.75 cents/ft/night -- Commercial Fishing Transient/51’ or greater - $1.50/ft/night

Length of Boat Annual Fee up to 16’ $80.00

19’ 17’ to 23’ $80.00 $100.00 24’ to 32’ $160.00 $200.00 33’ to 49’ $250.00 $300.00 Over 50’ $350.00 $500.00

Commercial Fishing $80.00 Livery/Rental $175.00 $200.00

Boat Handler/Repair $175.00

New Fees: -- Fee for use of Town Pier, Children’s Beach boat ramp, Barrett Pier as primary loading/off-loading point for customers/wares ($100/year).

Prior to the April, 2015 amendments, the pier slip fees (commercial and recreational) had not been increased since 2008. A public hearing was scheduled in December 2014 regarding proposed amendments to the regulations, including the fees. Just before the hearing it became apparent that not all of the stakeholders, including the Harbor & Shellfish Advisory Board had been sufficiently briefed or input sought. The hearing was cancelled and the staff directed to formulate a workgroup to review the proposed amendments. The workgroup did not get off the ground until March (in large part because of the diversion in resources needed to address winter storm issues, such as the Town Pier). No one from SHAB attended the workgroup meeting. Subsequently, SHAB submitted the attached letter dated June 30, 2015. Notes The main issue raised seems to be the Commercial Fishing Transient Fee, which applies, generally, to one vessel. Prior to the April, 2015 amendments, this fee was $0.50 cents/ft/night. Prior rate: vessel of 77’ = $38.50/night x 120 nights (conservative estimate) = $4,620 Current rate: vessel of 77’ = $1.50/ft x 77’ = $115.50 x 120 nights = $13,860 The owner of the one vessel has acknowledged that he made a payment of $900, once. The owners of the recreational A & B, commercial A & B all receive free parking in the Town Pier parking lot – a value arguably worth a considerable amount. Recommendation Staff believes the fees to be fair and reasonable, especially when compared to facilities in comparable communities. However, in recognition of the limited number of commercial fishing transient vessels, we recommend changing the fee structure from $1.50/ft/night to a flat rate of $125/ft ($125/ft x 77’ = $9,625 vs $13,860). Attachments -- Current Harbor & Town Pier Regulations -- Letter from SHAB dated June 30, 2015 -- Town Pier Slip/Mooring Fee Comparison with Other Towns -- Draft “Waiver” Provision Amendment

CHAPTER 250

HARBORS AND TOWN PIER REGULATIONS

TOWN OF NANTUCKET

Adopted April 23, 2014 Amended April 22, 2015

The following Rules and Regulations are adopted pursuant to Nantucket Town By-Law Chapter 137 Section, as amended. These Rules and Regulations shall be effective on May 14, 2015 and all previous rules and regulations of the Board of Selectmen hereunder, are repealed as of said date, subject, however, to the foregoing limitations.

250.1 DEFINITIONS

“COMMERCIAL USE”, a vessel engaged in commercial trade or that carries passengers for hire.

“COMMERCIAL FISHING BOAT”, a vessel which is used to engage in the industry or occupation devoted to the catching, processing, or selling of fish, shellfish, or other aquatic animals.

“DINGHY”, a small self-propelled Vessel used for transportation to and from a dock or wharf, and/or between Vessels moored in the harbor.

“DIVER”, includes swimmers using fins and/or masks and/or snorkel tubes or self-contained underwater breathing devices and may include those diving without aids, where the circumstances are appropriate.

“GRAY WATER”, in Nantucket waters as defined above, gray water is a vessel’s water/soap discharge, which is derived from galley, bath, showers, dishwashing and laundry equipment.

“IMMEDIATE FAMILY”, parents, grandparents, children, sister, brother, and spouse.

“HARBOR MASTER”, officer appointed by the Town to perform the duties of Harbor Master.

“LIVEABOARD”, a liveaboard is a person who sleeps aboard a vessel and the vessel is considered as a residence for any period of time as determined by the Harbor Master.

“MOORING”, any space wherein a vessel is confined by wet slip, float, mooring, buoy, rack, sling, haul-out, trailer or other type of docking facility.

“NANTUCKET WATERWAYS or WATERWAYS”, includes all of the navigable waters within the boundaries of Nantucket County, which shall include all harbors, rivers, bays or ponds, including waterways which, from time to time, may be temporarily non-navigable by reason of low tides, drought or seasonal weather and water conditions.

“PERSONS”, includes an individual, corporations, societies, associations, partnerships, trusts or other business or corporate entity recognized by law as having the standing of a person.

“RAFT” or “FLOAT”, a non-propelled floating craft, not intended for transportation purposes.

“RECREATIONAL VESSEL “, a vessel manufactured or operated primarily for pleasure.

“TOWN”, Town of Nantucket, Massachusetts.

“TOWN PIER”, municipal pier located at 34 Washington Street, to include timber pier and floating dock.

“VESSEL”, ships and boats of all kinds, including barges, sailing vessels, watercraft and powerboats of any type or kind by whatever means propelled; every structure, designed, adapted, or capable of being navigated, towed or operated on water from place to place for the transportation of merchandise, people or for any other purpose.

“WAITING LIST”, the official list of names of mooring permit applicants managed by the Town.

“WATER-DEPENDENT USES”, those uses and facilities which require direct access to, or location in, marine or tidal waters and which therefore cannot be located inland, including but not limited to: marinas, recreational uses, navigational and commercial fishing and boating facilities, water-based recreational uses, navigation aids, basins, and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or process water which cannot reasonably be located or operated at an inland site.

250.2 Town Wharf Prohibited Activities

250.2.1 Except in an emergency, no Vessels shall be made fast to any of the Town's wharves, floats or piers without the permission of the Harbor Master.

250.2.2 No person shall leave any Vessel, fishing equipment, fish or any other personal property upon Town landing places, floats, wharves or pier for longer than is necessary in the act of loading or unloading the same to and from Vessels or vehicles.

250.2.3 The Town shall not be responsible for any loss or damage to Vessels at the Town wharves, floats, pier or moorings. Owners will be held responsible for damage caused by them or their vessels to structures and pilings and related facilities owned by the Town.

250.2.4 No warp or line shall be passed across the channels or any dock so as to obstruct or interfere with vessels navigating in the area.

250.2.5 Except in an emergency, no Vessel shall fuel at any of the Town's wharves, floats or piers without the permission of the Harbor Master.

250.2.6 Tug boats, cargo boats and any other Vessel used for commercial purposes (other than charter boats and commercial fishing boats) shall not be permitted to moor at the Nantucket Town pier or wharves in Madaket, except by permission of

the Board of Selectmen or Harbor Master, as appropriate.

250.2.7 All Vessels using the Town wharves shall observe all police, fire, health and sanitary regulations of the Town, and the owners or operators of such Vessels shall not permit acts contrary to good order, public safety or public health, including public profanity or obscene language or indecent exposure. Unnecessary noise, loud talking or playing of musical instruments between the hours of 11:00 p.m. and 8:00 a.m. is not permitted. No person upon such Vessel shall throw garbage, paper, refuse or debris of any kind into the harbor.

250.2.8 Commercial or business use of any Vessel or watercraft docked at any Town-owned dock, pier or wharf is prohibited, except that Charter or commercial fishing boats or other uses defined as "water dependent" as herein defined and provided that such uses and the vessels employed in such uses are first allocated dock space in accordance with these regulations.

250.2.9 No Vessel or watercraft of any kind whatsoever which is painted with paints containing butyltin compounds shall be permitted to moor in Town waters or tie up at the Town wharves, whether private or public.

250.2.10 Between October 15 and April 15, all Dinghies not servicing Vessels presently moored in the harbor shall be removed from any Town property.

250.2.11 The Town may remove after October 30, any Dinghy left on Town property. Following such removal, the Harbor Master shall give notice of the removal as follows:

(a) if the owner is known, then by mail or hand-delivery;

(b) if the owner is unknown, then by publication in a newspaper of general circulation within the Town;

(c) if, after thirty (30) days following the publication or written notice, the owner has failed to claim the Dinghy and reimburse the Town for removal costs, the Dinghy may then, at the discretion of the Harbor Master, be sold at public auction to cover the costs of removal. If said auction produces surplus proceeds after payment of the costs of removal, said surplus shall be held in a separate account and be paid over to the owner upon proof of ownership.

250.2.12 There shall be no Liveaboards at any Town Pier or Wharf. Liveaboards shall only be allowed in Nantucket Waterways if the Vessel is tied to a Mooring that is authorized by the Town pursuant to these regulations. Vessels used as Liveaboards that are anchored are prohibited.

250.3 Moorings

250.3.1 Mooring Equipment

250.3.1.1 All Moorings must be registered and a permit for the Mooring must be approved prior to the placement of the Mooring. No Mooring shall be placed by any person or Mooring Handler unless a Mooring Permit has been issued. The Harbor

Master may authorize a temporary Mooring placement on a case by case basis pending issuance of a Mooring permit.

250.3.1.2 The location of all Moorings shall be determined from time to time by the Harbor Master. No Mooring shall be located in the main stream or any channel of any of the harbors of the Town, unless, in the opinion of the Harbor Master, the particular circumstances require it. Moorings shall be located so that Vessels lying on them shall not block any channel or approach to wharves or other Moorings in the vicinity or create any other hazard to navigation.

250.3.1.3 No Vessel shall use a Mooring within the Town unless the Mooring is in good condition and meets the following minimum standards unless otherwise determined by the Harbor Master:

Length of Boat

Mushroom Mooring Concrete Block Mooring

Under 14’ 50 lbs. 75 lbs. Subject to individual

approval by the Harbor Master

15’ to 18’ 75 lbs. 150 lbs. 19’ to 22’ 100 lbs. 200 lbs. 23’ to 26’ 150 lbs. 300 lbs. 27’ to 32’ 200 lbs. 500 lbs. Over 32’ Subject to individual approval by the Harbor Master

250.3.1.4 No Vessel shall use a mooring unless the Mooring chain is in good condition and that the length is at least the vertical height above the sea bottom to four feet above mean high water. Maximum length of chain shall be no more than 2.5 times the maximum depth of the water, except where the Harbor Master determines otherwise. All Mooring chains shall be of a grade suitable for Moorings and meet the following minimum size standards:

Length of Boat Chain Minimum Size 10’ to 23’ 3/8” 1/2” 24’ to 32’ 1/2” 5/8 Over 33’ 5/8” 3/4" - 1” as determined by the Harbormaster

250.3.1.5 No Vessel shall use a Mooring pennant unless it is in good condition and of a type suitable for Moorings. The length shall be no longer than half the length of the Vessel. Pennant line size shall be:

NOTE: The use of synthetic lightweight high-strength pennant lines such as Dyneema and Spectra may be used in lesser dimensional sizes

Length of Boat Line Minimum Size Up to 10’ 3/8” 7/16” 11’ to 23’ 7/16” 1/2” 24’ to 32’ 1/2” 5/8” Over 33’ 5/8” 3/4"

provided that such use provides equal or greater tensile strength than the standard line sizes listed above.

250.3.1.6 Moorings shall be inspected by the Harbor Master, or by a designated representative at least once every two (2) years to determine their compliance with the regulations herein. Proof that the Mooring has been inspected is a requirement for a Mooring permit to be issued. If a permit is not issued pending an inspection, and a period of thirty (30) days elapses from the date that the permit is requested to be issued, the Harbor Master shall notify the permit holder by certified mail at the address appearing on the permit application that if the permit holder fails to provide proof of inspection within thirty (30) days, the Mooring permit will be forfeited.

250.3.1.7 The Harbor Master may order the removal of any Mooring not in compliance with these regulations. The expense of such removal or relocation shall be the responsibility of the owner.

250.3.1.8 The Harbor Master may order the removal or relocation of any Mooring whenever, in the judgment of the Harbor Master, the safety of other Vessels or the optimum use of the area requires such action. The expense of such removal or relocation shall be the responsibility of the owner. Except when immediate removal is deemed necessary by the Harbor Master, an owner shall have at least fourteen (14) days to relocate or remove a Mooring when so ordered by the Harbor Master.

250.3.1.9 All private Moorings shall be removed from areas designated by the Harbor Master as shell fishing areas prior to October 15. If the Mooring is a Helix type, then the Mooring must be outfitted with a cap approved by the Harbor Master.

250.3.1.10 All small mooring buoys shall be painted white and have a minimum one-inch blue band visible above the water. Buoys shall be marked with numbers assigned by the Harbor Master Department. The numbers and/or letters shall be a minimum of three inches in height and be clearly visible at all times. Mooring buoys shall be of customary shape and materials as determined by the Harbor Master.

250.3.1.11 Spar buoys shall be upright at all times and not less than 40° at any period of tide and not less than 18 inches exposed.

250.3.1.12 The Harbor Master may order the removal of any buoy deemed to be inappropriate in form, appearance or construction.

250.3.1.13 No Helix type Mooring shall be installed in Nantucket Waterways after January 1, 2015.

250.3.1.14 The prohibition of Helix type Moorings in 250.1.13 may be waived by the Harbormaster provided that:

• A Nantucket based Mooring handler has acquired the required equipment to properly install, remove, relocate and service Helix Moorings;

• The Helix Mooring handler is in regular business and operation and has on staff personnel capable of operating the Helix equipment, and;

• The Helix Mooring handler has demonstrated to the Harbormaster suitable capabilities and facilities to handle Helix Moorings.

250.3.1.15 Any waiver granted by the Harbormaster under 250.3.1.14 shall be valid for a one (1) year period and may be continually renewed by the Harbormaster provided that the conditions for waiver remain in force.

250.3.1.16 Any Helix Mooring installed under 250.3.1.14 must be equipped with a Hazelett Conservation Elastic Mooring System or similar device approved by the Harbormaster if the Harbormaster determines that such use is practicable and bottom conditions warrant such use.

250.3.1.17 Any Helix Mooring located within the bounds of a designated scallop fishing area must be removed prior to October 15 of each year.

250.3.1.18 Any pre-existing Helix Mooring that does not have a current Mooring Permit shall be removed.

250.3.2 Mooring Permits

250.3.2.1 Any vessel habitually moored in Nantucket shall obtain a Mooring Permit from the Harbor Master.

250.3.2.2 All applications for a Mooring space in any Nantucket harbor or waterway shall be submitted to the Town on the Mooring Permit Application form. All information requested on the form must be supplied or the application may be rejected.

250.3.2.3 The Mooring Permit decal issued by the Town shall be firmly affixed to boat on the port side of the bow, or in the case of classic-design wooden sail boats, the port side of the mast.

250.3.2.4 Only the registered boat, displaying a current and valid mooring permit decal, which is owned by the person to whom the Mooring Permit was issued, shall fasten to the Mooring.

250.3.2.5 At the time of application if the applicant does not own a Vessel or is not a person lawfully entitled to possession and use of a Vessel for the season for which a mooring is granted, no Mooring Permit will be issued. If an individual holds a valid Mooring Permit and sells his/her rights to the boat with the intention of replacing it, he/she will have twelve (12) months to replace the Vessel. If, at the end of twelve (12) months, the Vessel has not been replaced, the Mooring Permit shall be forfeited.

250.3.2.6 No Permit for a Mooring shall be transferable to another person, except to a person within the immediate family of the permit holder upon approval of the Harbor Master.

250.3.2.7 The sale, rental or subletting of a Mooring by a Permit holder is prohibited. However the Harbor Master may permit the time sharing of Moorings upon

payment of the Permit fee in order to maximize the usage of the Mooring fields. Time sharing of a Mooring shall be limited only to registered Mooring Handlers for Vessels less than 26’ in length. Vessels engaged in a time share situation shall comply with marking and reporting requirements as determined by the Harbor Master.

250.3.2.8 Permits for the use of Mooring spaces shall be for a period of one year, or any fraction thereof, terminating on December 31 of each year, unless earlier revoked by the Harbor Master, and shall be renewable annually for one year. All Mooring Permit holders shall ensure annually that their Vessel information, contact information, Mooring Handler and other information as required by the Town is current and up to date. Failure to update and/or review the information annually may result in the non-renewal of the Mooring Permit until such information is verified.

250.3.2.9 Payment for the annual Mooring Permit shall be paid in full by January 1. If payment is not received by this date, the Town shall:

250.3.2.9.1 Assess a late fee of $25.00; 250.3.2.9.2 Send notice of non-payment by first class mail to the address that the

permit holder currently has on file advising them that the permit will be forfeited if payment is not received by February 15.

250.3.2.9.3 If payment is not received by March 15, the Town shall send notice by certified mail advising the Permit holder that their Mooring Permit has been revoked.

250.3.2.9.4 If the Permit holder responds to the certified mail notice by April 15, the Permit shall be reinstated for a $100 fee and also upon payment of the applicable Mooring Permit fee.

250.3.2.9.5 If no response is received, or full payment of late fees and all Permit fees is not made by April 15, the Permit is forfeited and the Mooring location will be offered to the next person on the waiting list.

250.3.2.10 In areas where no additional Mooring spaces are available, applicants shall be placed on a waiting list maintained by the Town.

250.3.2.11 The waiting list shall include the names of applicants waiting for Moorings in chronological order of application, regardless of the applicant’s preference for a particular Mooring location. The person at the top of the official waiting list shall have priority to obtain the next available location, but may waive the right to the next available location if it is not in a place convenient for him without losing his place at the top of the waiting list. In the event of a waiver, the next person on the list shall be offered the location, and if that person waives the right to the location, the next successive person shall be offered the location until someone in succession on the list elects to take the Mooring location. Notice to the person entitled to the next available Mooring shall be in writing or by any reasonable method.

250.3.2.12 It shall be the responsibility of wait list applicants to notify the Town of any address or information change. Notification of mooring availability to wait list applicants shall be only to the information supplied to the Town on the Mooring Permit application. The Town is under no obligation to seek out wait list applicants who fail to respond to notice of mooring space availability.

250.3.2.13 Dinghies of less than 10’ attached to permitted Moorings shall be exempt from the Permit requirements herein provided that the Mooring is properly permitted and there is a primary Vessel regularly attached to the Mooring which bears a valid Mooring Permit decal.

250.3.3 Waterfront Moorings

250.3.3.1 Moorings which are currently permitted and owned by property owners whose property has direct frontage and reasonable access to a Nantucket Waterway as determined by the Harbor Master, may transfer such Mooring to subsequent purchasers of the property. The transfer of the Mooring Permit shall only occur upon approval of the Harbor Master with considerations to Vessel type, size and coordination with other existing Moorings and upon payment of any applicable fees.

250.4 Town Pier

250.4.1 Capacity and Slip Assignments

250.4.1.1 The Standing or Fixed Pier has 55 slips which can accommodate recreational Vessels up to and including 30 feet in length. Three slips are designated for the Town for the pump-out and patrol boats. The Harbor Master may designate additional spaces for Town purposes as needed.

250.4.2 Slip Assignments Revocable License

250.4.2.1 Slips assignments to Vessels will be subject to a revocable license agreement between the Town and the Vessel owner. The revocable license agreement shall contain the terms of the agreement for the slip assignment. Failure to comply with the terms of the license agreement shall result in the termination of the license and forfeiture of the slip without refund.

250.4.2.2 Only Vessels with mechanical power are eligible for the slip lottery and slip assignment.

250.4.2.3 The term of any revocable slip assignment license will be from May 1st through September 30th whether or not the revocable license is automatically renewable from year to year.

250.4.2.4 No Vessel may be placed in a slip prior to May 1st, and no Vessel may remain in a slip after September 30th without permission of the Harbor Master. The permission of the Harbor Master notwithstanding, no additional rights or term of occupancy is to be implied as a result of the Harbor Master allowing early arrival or late departure from a licensed slip.

250.4.3 Recreational Vessels

250.4.3.1 Recreational Vessel slips are divided into two categories, ‘A’ and ‘B’. Fifty (50) percent of the available slips will be designated as category ‘A’, and fifty (50) percent of the available slips will be designated as category ‘B’ for Vessels less than 30’. The Harbormaster shall determine the percentage of eligible slips available for a class ‘A’ or ‘B’ based on Vessel length. The intent is to evenly

distribute the percentage available ‘A’ or ‘B’ classes based upon Vessel length recognizing that most slip locations are determined by Vessel size.

250.4.3.1 Category ‘A’ recreational slip assignments shall be awarded by lottery and be allowed a two (2) year slip license. The category ‘A’ revocable slip license will be renewable for the second year without participation in the lottery as long as the slip holder remains current with payments and is in compliance with all applicable rules, regulations and by-laws or unless otherwise cancelled by the Town of Nantucket or the license holder. When a category ‘A’ slip becomes available, its initial assignment shall be by lottery pursuant to paragraph 250.4.3.4.

250.4.3.2 Category ‘B’ recreational slip assignments shall annually be awarded by lottery. The category ‘B’ revocable slip license will expire each year. They will not be renewable and any previous category ‘B’ holder must participate in the annual slip lottery.

250.4.3.3 The annual lottery will be held in October of each year. The date of the lottery shall be advertised for at least two (2) weeks to the lottery date. The names of current year Category ‘B’ slip holders shall be automatically entered. Names of new applicants shall be entered based upon information provided to the Town on the slip assignment application form. Slip applications shall be accepted up to twenty-four (24) hours prior to the lottery provided that the new slip application fee has been paid.

250.4.4 Commercial Use/Commercial Fishing Vessels

250.4.4.1 Commercial Use/Fishing Vessels slips are divided into two categories, ‘A’ and ‘B’. Six (6) slips on the floating dock will be designated for each category for Vessels less than 40’. Commercial fishing Vessels 40’ and greater and transient fishing Vessels will Moor at the end of the fixed pier and will not participate in the lottery. There is no guarantee of space on the fixed pier for commercial fishing Vessels 40’ and greater or transient fishing Vessels. Accommodation of space for these Vessels will be made upon the determination of availability by the Harbor Master.

250.4.4.2 Category A

250.4.4.2.1 Six (6) Available spaces: Initial slip space is drawn at lottery. The revocable license will be renewable each year without participation in the lottery as long as the slip holder remains current with payments and is in compliance with all applicable rules, regulations and by-laws or unless otherwise cancelled by the Town of Nantucket or the license holder.

250.4.4.2.2 Eligibility: Any person wishing to apply for a Category ‘A’ Commercial Use slip must provide sufficient information which proves beyond a reasonable doubt that the applicant spends a major portion of their annual work time in water-based commercial industry and that greater than 60% of their annual income is derived from the commercial business. Proof of eligibility may include, but not necessarily be limited to:

• Coast Guard Licenses and Inspection • Federal Tax Identification number and tax returns • State and Federal Commercial Fishing Licenses • Vessel size and equipment • Catch reports or fish sale reports • Other information that the Harbor Master may require

250.4.4.3 Category B

250.4.4.3.1 Six (6) Available spaces: Category ‘B’ Vessel is drawn in the lottery annually pursuant to the procedures in paragraph 250.4.2.4. The revocable license is for one year.

250.4.4.3.2 Eligibility: Any person wishing to apply for a Category ‘B’ Commercial Use slip must provide sufficient information which proves beyond a reasonable doubt that the applicant’s Vessel spends a portion of their annual work time in the water- based commercial industry and that a portion of their annual income is derived from the commercial business. The applicant must provide a fishing license or equivalent and the Vessel must be registered or documented as Commercial. Proof of eligibility may include, but not necessarily be limited to:

• Coast Guard Licenses and Inspection • Federal Tax Identification number and tax returns • State and Federal Commercial Fishing Licenses • Vessel size and equipment • Catch reports or fish sale reports • Other information that the Harbor Master may require

250.4.4.4 Eligibility for a handicap accessible slip requires the applicant be eligible for a State issued handicap parking sticker.

250.4.4.5 The Town may assess a commercial use user fee for Vessels utilizing the Town Pier, Children’s Beach ramp and Barrett Pier in Madaket as a primary loading and off-loading point for customers and/or wares. The Town will require that any Commercial users subject to this fee be required to obtain an insurance liability policy naming the Town as an additional insured.

250.4.5 Slip Assignment Wait list

250.4.5.1 For Recreational Vessels, a wait list of twenty (20) will be drawn at the annual lottery. For Category B Commercial Use Vessels, a waitlist of three will be drawn at the annual slip lottery.

250.4.6 Floats and Rafts

250.4.6.1 No Raft or Float shall be moored in Nantucket Waterways unless the location of said Float or Raft has been approved by the Harbormaster and a Mooring Permit issued by the Town.

250.4.6.2 Any vessel which is tied to a Raft or Float as a Moored Vessel shall have a Mooring Permit for each individual Vessel so tied.

250.4.6.3 The Harbormaster shall make the determination of the maximum allowable Vessels which may be tied to a Raft or Float. The Harbormaster may find either the vessels so tied and/or the Raft or Float owner in violation if the number of Vessels so approved is exceeded.

250.5 Fees

250.5.1 Mooring Fees

250.5.1.1 Mooring Permit Renewal Fees per Season:

250.5.1.2 Raft or Floats shall be based upon the table in 250.5.1.1

250.5.1.3 Mooring Permit Application: $25.00 payable at the time of Mooring Permit application.

250.5.1.4 Mooring Permit Wait List: $10.00 annually by those applicants wishing to remain on the official waiting list.

250.5.2 Town Pier Slip- Recreational Vessels

250.5.2.1 Category ‘A’ $100.00 per foot per season.

250.5.2.2 Category ‘B’ $80.00 per foot per season.

250.5.2.3 Minimum per foot charge per season is twenty-two (22) feet.

250.5.2.4 Payment for Recreational ‘A’ slips shall be received by January 1 of each year.

250.5.2.5 Payment for Recreational ‘B’ slips shall be received within thirty (30) days following the date of the lottery. If payment is not received by this date, the applicant will forfeit his slip and the next person on the waiting list will be chosen.

250.5.3 Town Pier Slip- Commercial Use:

250.5.3.1 Category A: $150.00 per foot per season.

250.5.3.2 Commercial Use Category B: $125.00 per foot per season.

Length of Boat Annual Fee up to 16’ $80.00 17’ to 23’ $100.00 24’ to 32’ $200.00 33’ to 49’ $300.00 Over 50’ $500.00

Commercial Fishing $80.00 Livery/Rental $200.00

Boat Handler/Repair $175.00

250.5.3.3 50% of payment for Commercial ‘A’ and ‘B’ slips shall be received by June 1; the remaining 50% payment is due by August 1.

250.5.3.4 Refunds will not be provided.

250.5.4 Other Fees:

250.5.4.1 Commercial use Vessel fee for Town ramps and piers: $100.00 per year.

250.5.4.2 Non-Resident Commercial Off-Load Fee: $100.00 per year.

250.5.4.3 Transient Rate: $15.00 per hour or $75.00 per day.

250.5.4.4 Commercial fishing transient 50’ or less: .75¢ cents per foot per night.

250.5.4.5 Commercial fishing transient 51’ or greater: $1.50 per foot per night.

250.5.4.6 Slip Lottery Application Fee: No Fee

250.6 Enforcement

250.6.1 Enforcement

250.6.1.1 Harbor Master, Assistant Harbor Masters, Mooring Enforcement Officers and any Police Officer are authorized to enforce these Rules and Regulations.

250.6.2 Non-Criminal Violation Citation

250.6.2.1 Officers authorized to enforce these Rules and Regulations may use the Standard Town Non-Criminal Violation Notice for violations.

250.6.3 Severability

250.6.3.1 The provisions of these Rules and Regulations are hereby declared to be severable; and if any provision of the Rules and Regulations is invalid, such invalidity shall not affect or impair any other provision hereof.

250.6.4 Penalties

250.6.4.1 Whoever violates any of the provisions of the Rules and Regulations shall be punished by a fine amount of one hundred dollars ($100.00) each day of continual violation constituting a separate offense.

June 30, 2015 Bobby DeCosta Rick Atherton Matt Fee Tobias Glidden Dawn Hill-Holdgate Mr. DeCosta, The Harbor & Shellfish Advisory Board is requesting your consideration of two separate amendments to town regulations in the jurisdiction of the HSAB. Per Town Manager Libby Gibson’s June 23, 2015 request for this information, below is a detailed explanation of what the HSAB is recommending. First, the HSAB is attempting to protect Nantucket’s existing commercial fishery and what might exist in the future by somewhat removing the financial pressure of transient dockage fees levied on all year-round, Nantucket-based commercial fishing vessels requiring transient dockage at the east end of the town pier. To achieve this, we propose an annual fee of $25/foot for all sizes commercial fishing vessels owned/operated by Nantucket residents with Nantucket as their homeport. This fee must be paid by Jan. 30 and if not, the vessel owner would be subject to the existing fees as adopted by the Board of Selectmen on April 22, 2015, which are assessed on a per foot, per night basis. Specifically, the HSAB recommends that the following language be added at the end of sections 250.5.4.4 and 250.5.4.5 of Chapter 250 Harbors And Town Pier Regulations of the Town Of Nantucket: “Provided however, a Nantucket ported commercial fishing vessel may pay an annual fee of $25/ft., provided the fee is paid by June 30, 2015 and by January 30 in subsequent years.” This proposed change includes all sizes of Nantucket-based commercial fishing vessels, both larger and smaller than 51 feet, which depend on the use of the end of the town pier. However, please note that the HSAB took this vote before Nantucket Police Chief Bill Pittman had the chance to explain we might not be able to get the Board of Selectmen schedule a public hearing before the end of the fiscal year. As this is now the case, we ask that the Board of Selectmen modify this recommendation from HSAB to allow the aforementioned Nantucket commercial fishermen to pay this annual fee by a date of the selectmen’s choosing only for 2015. Second, the HSAB wants to restore the free 60-years-old-and-over commercial license allowing holders to get two bushels of scallops per day during the commercial scallop season by any of the permitted means available to them. This regulation was previously replaced by the Board of Selectmen, at the recommendation of the HSAB with a free

recreational shellfish license allowing the taking of one bushel per license per week during the recreational and commercial scallop seasons. However, four residents of Nantucket requested that the HSAB recommend to the selectmen that they restore the original regulation. To do this, the HSAB, at its May 28, 2015 special meeting, voted 3-2 to recommend that the Board of Selectmen amend Section 3 – Recreational (Non-Commercial) Shellfishing and Section 4 – Commercial Shellfishing of the Town of Nantucket Shellfishing Policy and Regulations in Massachusetts General Law, Chapter 130 and Chapter 122 of the Code of the Town of Nantucket. The previous HSAB, then with three fishermen on it, recommended that the selectmen make this free license only good for taking scallops recreationally at one bushel per week as advised to do so by the Shellfish Bylaw Review Workgroup, a HSAB subcommittee charged with making recommendations for revising the town’s shellfish regulations to the HSAB. This workgroup and the HSAB believed that a noticeable number of those possessing the 60-year-old and over free commercial shellfish license were abusing this privilege. They were fishing with commercial scallopers holding regular commercial shellfish licenses and then selling their two boxes a day right along with the five bushels dredged by the regular license holder’s catch. Given the volatility and variation of annual scallop harvests from year to year, the workgroup and the HSAB during that time felt strongly that Nantucket couldn’t afford to be losing these ill-gotten scallops to the white button holders who weren’t supposed to be selling commercially with their free licenses. However, the current board felt strongly after hearing testimony from four members of the public who’d all waited until the requisite age to get their free license that this regulation should be restored to its original parameters. If any member of the Board of Selectmen or town administration needs further insight and or clarification on either or both of these HSAB recommended amendments to the town’s regulations, please feel free to call me at 508-325-3432 or email me at coskataheavenearthlink.net. Thank you for your time, patience and consideration of these matters. Sincerely, Peter B. Brace, Chairman, Harbor & Shellfish Advisory Board

HARBOR AND TOWN PIER REGULATIONS 250.5.5 Waiver of Fees 250.5.5.1 Upon written request, the Board of Selectmen may consider a request to waive or

reduce a specific fee contained in these Rules and Regulations, and may in its discretion grant a waiver or reduction of a fee if the Board finds it to be appropriate and/or in the public interest.

Green Seal Environmental, Inc. 114 State Road, Suite Building B, Sagamore Beach, MA 02562

Phone: (508) 888-6034 ● Fax: (508) 888-1506 www.gseenv.com

July 24, 2015 Nathan Widell Waste Options Nantucket, LLC. 188 Madaket Road Nantucket, MA 02554 RE: Landfill Mining Survey Nantucket Landfill Green Seal Environmental (GSE) on July 4, 2015 conducted a bi-annual field survey of the existing landfill in its current state of excavation. GSE surveyed the area in which mining was taking place along with the fill area to the north and east of the site. Based on the field survey GSE performed volume calculations of each of the areas shown on the plan entitled “C-14 AS BUILT December 2014-July 2015.dwg”, attached. Also attached is a plan of the Survey Conducted on January 2015. This plan includes the calculation of mining volume during the period from July 2014 to December 2014 A summary of the mining volumes indicated on the attached drawings follows: Mining Volumes for the period Jul 2014 – Dec 2014 Landfill Mining = 62,862 cyds Plastic Residual Stockpiled =8,018 cyds Reclaimed Soil Areas=29,379 cyds Plastic Residuals Landfilled= 735 cyds Mining Volumes for the period Dec 2014 – Jul 2015 Landfill Mining = 48,342 cyds Plastic Residual Stockpiled =12,433 cyds Reclaimed Soil Areas=36,535 cyds Plastic Residuals Landfilled= 771 cyds Regards, Timothy R. Bennett, PLS Director of Land Surveying

Tim
TRB Signature

NOTES:

1. EXISTING CONDITIONS BASED ON SEPTEMBER 20,1999 AERIAL SURVEY AND A

SERIES OF FIELD SURVEYS OF CONSTRUCTED CONDITIONS CONDUCTED

THROUGH FEBRUARY 17, 2011 BY G.A.F. ENGINEERING, INC., AND THROUGH JULY

21, 2014 BY GSE ENVIRONMENTAL.

2. CURRENT EXCAVATION SURFACE INFERRED BY DEPTH OF SAND OBSERVED ON

JULY 04 2015 AND PREVIOUS AS-BUILT SURVEY OF JAN 19 & 22, 2015 AND

INFORMATION PROVIDED BY THE CONTRACTOR ON SITE.

3. COORDINATES SHOWN ARE NAD83 MASSACHUSETTS ISLAND STATE PLANE

COORDINATES.

4. BENCH MARK: MTS NANTUCKET GPS BASE STATION, LATITUDE 41° 15' 47.53702" N,

LONGITUDE 70° 03' 40.03419" W, ELEVATION 61.784 FT. NAVD 88

PLASTIC RESIDUALS

LANDFILL

DETENTION

BASIN

RECLAIMED SOIL AREA #1

COMPOST

WINDROW

COMPOST

WINDROW

COMPOST

WINDROW

PLASTIC RESIDUALS

LANDFILL

DETENTION

BASIN

COMPOST

WINDROW

COMPOST

WINDROW

COMPOST

WINDROW

RECLAIMED SOIL

AREA

LANDFILL

MINING

RECLAIMED SOIL

AREA

35

3

5

30

3

0

3

0

2

5

2

5

25

25

2

5

25

25

2

0

2

0

2

0

20

2

0

2

0

20

20

2

0

20

20

1

5

15

1

5

1

5

1

5

1

5

15

1

5

1

5

10

1

0

1

0

1

0

1

0

1

0

10

1

0

10

5

5

2 - 8" PVC

PIPES

RIP RAP

30" RCP

INV.=4.72

30" RCP

INV.=4.39

PA

VE

D R

OA

DW

AY

JANUARY 2015 CONTOURS

2012 COUNTOURS

LEGEND

PLASTIC RESIDUALS STOCKPILED

LANDFILL MINING & STOCKPILING MATERIALS

DECEMBER 2014 - JULY 2015

Net volume = 12,433 Cu. Yd.

Net volume = 48,342 Cu. Yd.LANDFILL MINING

Net volume = 36,535 Cu. Yd.

RECLAIMED SOIL AREAS

PLASTIC RESIDUALS LANDFILLEDNet volume = 771 Cu. Yd.

LANDFILL MINING

JULY 2015 CONTOURS

SPOT ELEVATION

PLASTIC RESIDUALS

LANDFILL

DETENTION

BASIN

COMPOST

WINDROW

COMPOST

WINDROW

COMPOST

WINDROW

PLASTIC RESIDUALS

LANDFILL

DETENTION

BASIN

COMPOST

WINDROW

COMPOST

WINDROW

COMPOST

WINDROW

LANDFILL

MINING

1" = 80'

1 1

188 Madaket Road

Nantucket, MA 02554

Waste Options Nantucket, LLC

188 Madaket Road

Nantucket, MA 02554

NANTUCKET LANDFILL

VOLUME CONTROL

1 inch = ft.

GRAPHIC SCALE

( IN FEET )80

N

OF

1" = 80'

1 1

188 Madaket Road

Nantucket, MA 02554

Waste Options Nantucket, LLC

188 Madaket Road

Nantucket, MA 02554

07/24/2015

Green Seal Environmental, Inc. 114 State Road, Building B

Sagamore Beach, MA 02562Tel: (508) 888-6034Fax: (508) 888-1506

www.gseenv.com

NANTUCKET LANDFILL

VOLUME CONTROL

TOPOGRAPHIC

AS-BUILT SURVEY

1 inch = ft.

GRAPHIC SCALE

( IN FEET )80

N

JDP TRB

NOTES:

1. EXISTING CONDITIONS BASED ON SEPTEMBER 20,1999 AERIAL SURVEY AND A

SERIES OF FIELD SURVEYS OF CONSTRUCTED CONDITIONS CONDUCTED

THROUGH FEBRUARY 17, 2011 BY G.A.F. ENGINEERING, INC., AND THROUGH JULY

21, 2014 BY GSE ENVIRONMENTAL.

2. CURRENT EXCAVATION SURFACE INFERRED BY DEPTH OF SAND FILL OBSERVED

ON JAN 19 & 22 2015 AND PREVIOUS AS-BUILT SURVEY OF JULY 21, 2014 AND

INFORMATION PROVIDED BY THE CONTRACTOR ON SITE.

3. COORDINATES SHOWN ARE NAD83 MASSACHUSETTS ISLAND STATE PLANE

COORDINATES.

4. BENCH MARK: MTS NANTUCKET GPS BASE STATION, LATITUDE 41° 15' 47.53702" N,

LONGITUDE 70° 03' 40.03419" W, ELEVATION 61.784 FT. NAVD 88

PLASTIC RESIDUALS STOCKPILED

PLASTIC RESIDUALS

LANDFILL

DETENTION

BASIN

RECLAIMED SOIL AREA #1

COMPOST

WINDROW

COMPOST

WINDROW

COMPOST

WINDROW

RECLAIMED SOIL

AREA #2

LANDFILL MINING & STOCKPILING MATERIALS

JULY 2014-DECEMBER 2014

Net volume = 8,018 Cu. Yd.<Fill>

Fill = 8,018 Cu. Yd.

Net volume = 62,862 Cu. Yd.<Cut>

Cut = 62,862 Cu. Yd.

LANDFILL MINING

Net volume = 29,379 Cu. Yd.<Fill>

Fill = 29,379Cu. Yd.RECLAIMED SOIL AREAS

PLASTIC RESIDUALS LANDFILLED Net volume =735 Cu. Yd.<FILL>

PLASTIC RESIDUALS

LANDFILL

DETENTION

BASIN

RECLAIMED SOIL AREA #1

COMPOST

WINDROW

COMPOST

WINDROW

COMPOST

WINDROW

RECLAIMED SOIL

AREA #2

LANDFILL

MINING

LANDFILL MINING

COMPOST WINDROWS

Net volume = 13,210 Cu. Yd.<Fill>

Cut = 0 Cu. Yd.

Fill = 13,210 Cu. Yd.

LANDFILL MINING STOCK PILE

Net volume = 17,156 Cu. Yd.<Fill>

Fill = 17,156 Cu. Yd.

RECLAIMED SOIL

AREA #3

LANDFILL MINING

STOCK PILE

PROPOSED 50,000

CUBIC YARDS CUT

(ELEVATION 10.0)

1" = 80'

1 1

188 Madaket Road

Nantucket, MA 02554

Waste Options Nantucket, LLC

188 Madaket Road

Nantucket, MA 02554

NANTUCKET LANDFILL

VOLUME CONTROL

EXISTING CONDITIONS

1 inch = ft.

GRAPHIC SCALE

( IN FEET )80

N

OF

1" = 80'

1 1

188 Madaket Road

Nantucket, MA 02554

Waste Options Nantucket, LLC

188 Madaket Road

Nantucket, MA 02554

GK 01/26/2015

Green Seal Environmental, Inc. 114 State Road, Building B

Sagamore Beach, MA 02562Tel: (508) 888-6034Fax: (508) 888-1506

www.gseenv.com

NANTUCKET LANDFILL

VOLUME CONTROL

EXISTING CONDITIONS

1 inch = ft.

GRAPHIC SCALE

( IN FEET )80

N

RTS GJD

Sewer Projects Financing Discussion – 8/05/15 Board of Selectmen Meeting Tabled from 7/22/15 BOS: Policy items that need direction/determination from the Board include: 1. Which sewer projects are going to be put forward and when? Monomoy & “plus” parcels to 2016 ATM – agreed to at 7/22/15 BOS *BOS: be aware SRF funding may or may not be approved if Madaket/Somerset are put off until 2017 ATM due to likely increased competition for loan funds 2. What is the betterment % going to be for project(s) going before 2016 ATM? 60% paid by abutters 40% paid by taxpayers (contingent upon the “30-year issue” – see attached information regarding this) 4. Public outreach plan? (Who to put it forward and what is going to be put forward? Establish BOS/staff work group?) Town Manager to get an informal group together of 2 Selectmen and staff (Matt & Dawn expressed willingness)

TTOOWWNN OOFF NNAANNTTUUCCKKEETT NNAATTUURRAALL RREESSOOUURRCCEESS DDEEPPAARRTTMMEENNTT JJEEFFFF CCAARRLLSSOONN,, NNAATTUURRAALL RREESSOOUURRCCEESS CCOOOORRDDIINNAATTOORR JJCCAARRLLSSOONN@@NNAANNTTUUCCKKEETT--MMAA..GGOOVV 22 BBAATTHHIINNGG BBEEAACCHH RROOAADD 550088--222288--77223300 NNAANNTTUUCCKKEETT,, MMAA 0022555544

MEMO 7/15/2015 To: Libby Gibson, Town Manager Gregg Tivnan, Assistant Town Manager From: Jeff Carlson, Natural Resources Coordinator Re: Baxter Road Structures on Town Owned Land Per your request attached find a short matrix and map of any coastal structure on town owned land along Baxter Road. I focused solely on Map 48 Parcel 8 and Map 49 parcel 9 only for this analysis. In conducting this review any structure not currently built or a structure not under a regular Order of Conditions was included. The Geotube project which is under an Emergency Certification was excluded at this time. There are a number of previously approved projects no longer constructed or never built that were excluded. Examples of those projects excluded include the duneguard fencing centered at 67 Baxter, the de-watering project which has been abandoned and removed and some of the coir terracing covered under SE48-1659. Most of the structures are stairs down the Coastal Bank. All of the stairs projects cross town-owned land without benefit of the town signing the Notice of Intent or granting a license for the use of town owned land. These were installed prior to 2005 in all cases with some not even holding an Order of Conditions from the Conservation Commission. The Coir logs from 75-83 Baxter Road are the only active coastal engineering project excluding the geotubes. They do require a license renewal and it appears that the beach stairs should require some sort of license/permission as well. To conduct this analysis we pulled each filing for every property along Baxter Road from the ConCom files and then pulled all relevant information from the Registry of Deeds for any recorded license, recorded Order of Conditions, or other type of agreement. I apologize for the delay but I wanted to be as through as possible and not miss a license or agreement that may have not be filed with the Conservation Commission. There are no open Orders of Conditions but structures previously permitted and in existence currently are allowed to be maintained in accordance with their permits. I would be happy to answer any further questions or provide further information if needed.

Map ParcelStreet

Number Structure LicenseTown

Map/Pcl DEP # Status49.2.3 6 35 Stairs None 49-9 SE48-1097 Expired

49 10 39 Stairs None 49-9 SE48-685 Expired49 11 41 Stairs None 49-9 None found Expired49 14 47 Stairs None 49-9 SE48-819 Expired49 18 55 Stairs None 48-8 SE48-1161 Expired49 20 59 Stairs None 48-8 None found Expired49 22 63 Stairs None 48-8 None found Expired49 24 67 Stairs None 48-8 NAN-049 Expired49 30 75 Coir logs Exp. 12/22/2010 48-8 SE48-1602 Expired49 31 77 Coir logs Exp. 2/13/2010 48-8 SE48-1659 Expired49 32 79 Coir logs Exp. 2/13/2010 48-8 SE48-1659 Expired49 33 81 Coir logs Exp. 2/13/2010 48-8 SE48-1659 Expired49 34 83 Coir logs Exp. 2/13/2010 48-8 SE48-1659 Expired

Baxter Road Private Structure on Town Property Inventory

Map:49 Parcel:9

Baxter Road Area Town Owned Land and Structures

Map:48 Parcel:8

Baxter Road Area Town Owned Land and Structures

Baxter Road Area Town Owned Land and Structures

Baxter Road Area Town Owned Land and Structures

Baxter Road Area Town Owned Land and Structures

August 8, 2015 Board of Selectmen’s Meeting Selectmen’s Reports/Comments 2. NPD Liquor License Compliance Report The only action required by the Board tonight is to schedule a public hearing to consider sanctions regarding the violations. See attached Liquor License Regulations, Section XV. If the Board is so inclined, the hearing could be scheduled as soon as August 19th. Written notice is required to be sent to the licensees but the hearing is not the type that requires advertising. Meanwhile, there has been some internal discussion regarding the liquor license regulations and the need to perhaps revise some of the sections that seem overly cumbersome and not usual (such as section XV B (6). We will be working on this in the fall/winter.

Alcohol Compliance Yearly Violation Statistics

Establishment 2011 2012 2013 2014 2015 2016 2017

Arno's 1 1 1 1 2

Atlas Restaurant 2

Backyard BBQ 1

Boarding House 1

Brant Point Grille 1

Breeze Bar 2

Brix 1

Corazon 1

Cowboy's Market 1

Crosswinds 1 1

Current Vintage 1

Dune 1

Dupree 1

Epernay 1

Figs/29 Fair Street 1

Fog Island Grille 1

Harpoon 1 1

Islander 1 2

Jetties 1

Kitty Murtaughs 1

Lola Burger 2

Mersault Wine Bar 1

Miacomet Golf Club 1 1 1

Muse 1

Nantucket Wine & Spirits 1

Old South Liquors 1

Oran Mor 1

Pazzo 1

Proprietors 1

Alcohol Compliance Yearly Violation Statistics

Sankaty Golf Club 1

Sophie T's 1

Trading Post 1 1Vanessa Hotel/Café V Shishi 1

Westend Market 1

Westmoor Club 1

Totals 2 8 16 13

Alcohol Violation Stats

2011 Establishment and Charge 2012 Establishment and Charge 2013 Establishment and Charge 2014 Establishment and Charge 2015 Establishment and Charge

Arnos: One Count Sale of Liquor Person <21

Arnos: One Count Selling Liquor Person <21

Crosswinds Restaurant 2 Counts C250 sXIV9(2) Purchase by person <21 One count failure to have TIPS Training

Muse: One Count Sale of Liquor to person <21

Westmoor Club:One Count Sale of Liquor Person <21 No Tips Training

Crosswinds Restaurant: One Count Sale of Liquor <21

Fresh/Harpoon Liquors: One Count Selling Liquor Person <21

The Islander Inc 3 Counts C250 sXIV9(2) Purchase by person <21

Current Vintage: One Count Sale of Liquor to person <21 No Tips Training

Vanessa Hotel Café V Sushi:One Count Sale of Liquor Person <21

The Islander Package Store:One Count Selling Liquor Person <21

The Jetties Restaurant 1 Count C250 sXIV9(2) Purchase by person <21

Sankaty Head Golf Club: Two Counts Sale of Liquor to person <21

Figs/29 Fair Street:One Count Sale of Liquor Person <21

Boarding House:One Count Selling Liquor Person <21

Pazzo 1 Count C250 sXIV9(2) Purchase by person <21 One count failure to have TIPS Training

Fog Island Grille: 1 Count Serving alcohol to minor

Meursalt Wine Bar:One Count Sale of Liquor Person <21 No Tips Training

Corazon Del Mar:One Count Selling Liquor Person <21

Breeze Bar 2 Counts C250 sXIV9(2) Purchase by person <21 One count failure to have TIPS Training

Nantucket Trading Post: One Count Sale of Liquor to person <21 No Tips Training

Old South Liquors:One Count Sale of Liquor Person <21

Dupree and Co Wine Shop:One Count Selling Liquor Person <21

Oran Mor Bistro 1 Count C250 sXIV9(2) Purchase by person <21 One count failure to have TIPS Training

Proprietors: 1 Count Serving alcohol to minor

Cowboys Market:One Count Sale of Liquor Person <21

Epernay Wine Shop:One Count Selling Liquor Person <21

Miacomet Golf Club 1 Count C250 sXIV9(2) Purchase by person <21

Kitty Murtaghs One Count Sale of Liquor to person <21

Arno's:Two Counts Sale of Liquor Person <21 No Tips Training

Brant Point Grill:One Count Selling Liquor Person <21

Fresh/Harpoon Liquors 2 Counts C250 sXIV9(2) Purchase by person <21 One count failure to have TIPS Training

Lola Burger:One Count Sale of Liquor to person <21 No Tips Training

Atlas Restaurant:Two Counts Sale of Liquor Person <21

Nantucket Trading Post 1 Count C250 sXIV9(2) Purchase by person <21 One count failure to have TIPS Training

Lola Burger: One Count Sale of Liquor to person <21

Miacomet Golf Club:Two Counts Sale of Liquor Person <21

Alcohol Violation StatsNantucket Wine 1 Count C250 sXIV9(2) Purchase by person <21

Arno's One Count Sale of Liquor to person <21

Brix Wine 1 Count C250 sXIV9(2) Purchase by person <21 One count failure to have TIPS Training

Miacomet Golf Club One Count Sale of Liquor to person <21

Arnos 2 Counts C250 sXIV9(2) Purchase by person <21 One count failure to have TIPS Training

Backyard BBQ One Count Sale of Liquor to person <21

Dune Restaurant 1 Count C250 sXIV9(2) Purchase by person <21

Sophie T's One Count Sale of Liquor to person <21 No Tips Training

West End Market 1 Count C250 sXIV9(2) Purchase by person <21 One count failure to have TIPS Training