to act upon and transact any business relative to the

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
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
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)
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
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)
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
§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,
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.
(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.
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
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
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
____________________________________ 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
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
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

to act upon and transact any business relative to the

Documents