The Overview

If you care about Nantucket's open space, a new state law could soon put the town-owned parcel at 35 Grove Lane squarely in the Land Bank's hands. Massachusetts House Bill 5639, which authorizes Nantucket to transfer that parcel to the Nantucket Islands Land Bank for open space, conservation, and passive recreation, became law when Gov. Maura Healey (D) signed it Aug. 7. ​

The parcel at 35 Grove Lane had been held by the town for wildlife habitat preservation, and the act would let the town transfer it to the Nantucket Islands Land Bank for open space, conservation and passive recreation. The act took effect upon its passage.

What the Law Does

The law works in two steps to move the parcel from general town ownership into the Land Bank's hands. First, Nantucket's conservation commission may convey the parcel, identified as Lot 5 on a plan recorded in the Nantucket County Registry of Deeds, to the town's select board. Second, the select board may then transfer, sell, or otherwise dispose of all or part of the land to the Nantucket Islands Land Bank for open space, conservation, and passive recreation under the Land Bank's enabling legislation.

The select board sets the terms of any transfer, which may include restrictions and easements shown on a map filed with the town clerk. The law authorizes both conveyance steps but does not itself complete either one; no appropriation or implementation cost is stated. Until they do, the parcel remains town-owned.

Legislative Status

The House Committee on Ways and Means sponsored the bill. Cosponsors were Rep. Thomas Moakley (D-MA-Barnstable, Dukes and Nantucket) and Sen. Julian Cyr (D-MA-Cape and Islands).

The bill passed on July 31 by votes of 151 to 0 and 39 to 0. The unanimous votes in both chambers left no recorded opposition. The Governor signed the bill on Aug. 7, seven days after both chambers passed it on July 31.

The State House News Service reported that the House engrossed the bill on July 31, and in a separate Senate session summary reported that the Senate ordered it to a third reading and engrossed it the same day.

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