"A home is one of the most important assets that most people will ever buy. Homes are also where memories are made. You want to work with someone you can trust."
-WARREN BUFFETT, CHAIRMAN & CEO,BERKSHIRE HATHAWAY INC
Finding your place on the island
When investing in real estate it is important to be well informed, not just on the property you are purchasing, but also the unique local community you will be joining. We have created this booklet to provide our clients with an overview of Nantucket’s utilities, services, Town oversight boards and the numerous conservation organizations which work to preserve the island’s natural and historic charm.
CONTENTS
Island Utilities
Rubbish/Recycling Removal
Heat Your Home
Island Utilities
Rubbish Removal/Recycling - Land Fill
On Nantucket all rubbish and recyclables are taken to the landfill either by you personally at no cost (except for oversized items or large loads of debris) or you may contract with a private company for pick up at your residence. There is no municipal rubbish removal operated by the Town.
All on the island are subject to landfill fees Commercial businesses are billed annually for their landfill fee based on industry Residential landfill fees are built into your tax base
All rubbish and recyclables must be contained in clear plastic bags and sorted according to the Waste Streams Guide provided below. Recycling on Nantucket is mandatory. The Landfill operating hours fluctuate by season and it is closed on major holidays. For more information on the Landfill, please visit the Town of Nantucket’s Solid Waste and Recycling website wwwnantucket-magov/242/solid-waste-recycling
Thereisnomunicipalgassupplyontheislandbutthereareseveralprivatesuppliersofheating oilandpropaneforresidentialuse
Island Utilities
Television/Telephone/Internet Services
Traditional cable television service is provided on island by Xfinity/Comcast and is available to the majority of island areas There are several different options for Satellite Television as well as Telephone and Internet providers See list below for what may fit your home needs.
For those interested in getting more involved with these options there is a local Cable Access Advisory Committee which is appointed by the Town Manager consisting of citizens, Town employees and experts in the television field to insure and improve access to these services for the community.
Xfinity/Comcast – Cable TV, Telephone, Cell Phone, Internet (local office) 1 Monomoy Road Nantucket, MA 02554 | xfinitycom | 1-800-934-6489
Verizon – Telephone, Television/Internet (internet only in limited areas) Verizoncom | 1-800-VERIZON
DirecTV /AT&T – Satellite TV, Cell Phone, Internet (certain areas of the island only) directv.com | 1-877-940-1472
DISH – Satellite TV | dish.com | 1-844-650-5115
Starlink - Internet Only | starlink.com
Electricity
ElectricityserviceisprovidedexclusivelybyNationalGridtotheentireIsland.Itreachesthe IslandviatwounderseacablesburiedbeneathNantucketSoundoriginatingfromstationsin HarwichandHyannis
FreehomeenergyassessmentsareavailablefromNationalGridtoprovidepersonalized recommendationsforconservingenergyonyourproperty. Seeatestimonialvideoherefrom ourveryownPrincipalBroker,RobertSarkisian! https://youtu.be/7LuffCscuXo
ThroughouttheislandyouwillalsofindElectricVehicleChargingstationsinconvenientpublic locations IfyouareinterestedininstallinganEVChargingstation,pleasecontactNational Griddirectlytofindoutmoreaboutpossibleincentivesyoumaybeeligiblefor NationalGrid Nationalgridus.com/nantucket|1-800-322-3223
Island Utilities
PrivateWaterWells &SepticSystems
Manyhomesontheislandhaveprivatewaterwellsandsepticsystemsthatare maintainedbythehomeowner. Privatewellandsepticinstallersmustbe licensedbytheStateandTownofNantucket Propertyownerswithseptic systemsarerequiredtoatalltimeshaveaprofessionalmaintenancecontract withLicensedIAoperatortomaintainandinspectthesystemregularlyfor
complianceandgoodhealthIfasepticinspectionfailsorrequiresrepair,the ownerhas2yearstocompletethework. Beforeapropertywithaseptic systemcanbesoldinMassachusetts,itmusthavepassedaTitleVinspection. ATitleVinspectionisgoodfor2years,howevertheinspectionwillbevalidfor 3yearsifthereisdocumentedsepticpumpingserviceeachyearonorbefore theanniversaryofthelastpassedTitleVinspectionTheinspectionreportwill showeitherpass,failorconditionallypass,whichmeansrepairsarerequired Ifthesepticsystemdoesnotpassorrequiresrepairs,therearetwoavenuesof resolutionbeforethepropertysalecanclose
Thesellercanundertaketheworktorepairorreplacethesystempriorto closingwithfullsignofffromtheBoardofHealth
Thepartiescanagreetoanescrowholdbacktocoverthecostoftheseptic repair/replacement or connection to municipal water/sewer plus a contingencyreserve.Theworkwillbeundertakenaftertheclosing.(*Notesomelenderswillnotallowsepticescrow)
Well water tests are mandatory in the Town of Nantucket to test for potability and PFAS concentrations These tests are required to be done by the seller prior to the transfer of a property *see inspection & testing section regarding water tests
For more information on private wells, septic systems and lists of licensed installers and maintenance operators, see the Town of Nantucket’s website wwwnantucket-magov/720/septic
TownWater/Sewer
Municipalwater/sewerservice,oftenreferredtoas"Town Water/Sewer"isoperatedbytheTown-ownedWannacomet WaterCompany Thisutilityisnotavailableinallareas Island municipalwatercomesfromartesianwellsinthewellfields betweenOldSouthRoadandMilestoneRoad.Pressureis maintainedontheoppositesideoftownbythewatertoweron CliffRoadneartheMadaketRoadintersection 'Sconsethasa separatewellfieldneartheballpark.Watermainsextend throughoutthecenterofthetownsandprivatewellsareused elsewhere.Ourwatertendstobeofanexcellentqualityandis quitesoft Thereisnofluorideaddedtothemunicipalwater WannacometWaterCompany
1MilestoneRoad |nantucket-magov/1897/Wannacomet-Water| 508-228-0022
Island Services & Information
PostalService
PostalserviceisprovidedtomostresidencesinNantucketwiththe exceptionofafewareas. Homemailboxesareusuallylocatedonmain, publicstreetsandmayormaynotbedirectlyinfrontofyourhome. Severalneighborhoodswithlong,unpavedorprivateroadsmayhave clustersofmailboxeslocatedonthenearestmainroadforeasyaccess bypostalcarriers. Packagesdeliveredbythepostalservicewillmost oftenbetoyourmailbox,notnecessarilyyourhome
Areaswithoutdirectresidentialpostalservice
TomNevers
Siasconet
There are also 3 retail Post Office locations where you may have a PO Box, purchase postage, etc. If there is not direct postal service to your residential area (on list above) you may apply for a free PO Box through the local Post Master.
Downtown | 5 Federal Street | 508-228-1067
Mid-Island | 144 Pleasant Street | 508-228-4143
Siasconset | 6 Main Street, Siasconset | 508-257-4402
The Postal Annex at 155 Old South Road | 508-325-5682, located out by the airport, is a pick up location only and usually where packages that could not be delivered are available. You will receive a card in your mailbox with directions on how to obtain your package with a location and time available
RealEstateandPersonalPropertyTaxes
ResidentialpropertiesinNantucketareassessedforRealEstatetaxatthefairlylowresidential baserateof$313(2024)per$1,000oftheassessedvalueoftheproperty Thisratechanges annuallydependingontheTown’sfinancialbudgetaryneeds Certainspecialassessments mayalsobeaddedtoyourpropertytaxbaseforcapitalimprovementsinyourneighborhood, suchasroads,utilityupgrades,etc.ThetaxfiscalyearforNantucketisJuly1-June30. Billsare issuedquarterlyandareduewithin30days.
PersonalPropertyTaxesareassessedonsecondhomes,rentalhomes,businessfurnitureand fixtures TheyarebasedonreasonableassessmentsandaresentatthesametimeastheReal
Nantucket Land Bank
NantucketLandBankCommission
TheNantucketIslandsLandBank,alandconservationprogramcreatedtoacquire,hold, andmanageopenspaceresourcesandendangeredlandscapesofNantucketIslandfor theuseandenjoymentofthegeneralpublic,wasthefirstofitskindinthenation.The programwasconceivedbyNantucket'sPlanningCommission,adoptedbythevotersof Nantucket,andestablishedbyaspecialactoftheMassachusettsLegislaturein1983.The LandBankhasworkedtoaccomplishitslegislatedpurposebyactivelycompetinginthe openmarkettoacquirelandwhichprovidesthepublicwithawiderangeof opportunities.LandBankholdingscurrentlyincludebeaches,wetlands,aquiferrecharge areas,moorlands,heathlands,rarespecieshabitat,ocean,pond,andharborfrontage, andpropertiesforpassiveandactiverecreation.Theorganizationisoperatedbyafivemember,publiclyelectedbody.
TheLandBankisfundedbyafeeimposedoneachNantucketCountyrealestate transfer Currently,abuyerpays2%ofthepurchasepriceonallrealestatetransactions. First-timehomebuyersmaytakeadvantageofanexemptionofupto$1,000,000ofthe purchaseprice.ApropertytransfergoesfirsttotheLandBankandthenisrecordedat theRegistryofDeeds.TheIRShasruledthatthisfeecannotbedeductedasasalestax butisaddedtothepurchaseprice
FindmoreinformationontheLandBankanditsmanypubliclyaccessiblepropertiesat wwwnantucketlandbankorg
Home Buyer Services & Information
LegalServices
Purchasingapieceofrealestatecanbeanemotional experience,howeveritisfirstandforemostalegaltransaction
Thereareseverallegalcontractsyouwillberequiredtosign andhiringtherightattorneytoreviewthese documents and assist you in navigating these waters is imperative. We highly recommend consulting with a local island attorney who specializes in real estate transactions as they will be most familiar with Massachusetts Quit Claim and Land Court deeds. They will also be well versed and on the look out for language or clauses related to local procedures and regulations, such as the Land Bank Tax or Conservation Restrictions common on Nantucket.
Lead Paint Information
Homes built before 1978 may contain lead paint. The Massachusetts Lead Law protects a child's right to a lead-safe home and requires the removal or control of lead paint in houses with children under 6 years old. The rules regarding remediation of lead paint do evolve from time to time. It is best to check out www.mass.gov/the-massachusetts-lead-law for the most current details.
If houses built before 1978 are being sold or rented, sellers/owners and real estate agents are required to notify their buyers or tenants of their knowledge of lead paint risks using either the State created Property Transfer Lead Paint Notification form or the Short Term Vacation or Rental Exemption Notification form. Failure to comply with these requirements may result in civil penalties under Massachusetts law, and both civil and criminal penalties under federal law
Lead Safe Homes Database
If a property you are interested in was built before 1978, there is a public database to see if that home has been inspected for lead in the past, has any lead hazards or has a letter of compliance NOTE: Not all homes built before 1978 have been tested for lead This will only show homes that have been tested https://eohhsehsstatemaus/leadsafehomes/defaultaspx
Island Home Buyer Services & Information
LocalFinancingOpportunities
Youmayhaveyourownpreferredbankingrelations,butifyouare interestedinalocaloption,thereareseveralfinancialinstitutionsonthe islandwhoarespecializedinthepurchaseofprimaryresidences,second homes,landandinvestmentproperties.Manyothernationalbanksand mortgagecompaniesalsooffercompetitiverates.
Yourrealestateagentwillbeawareofcurrentgeneralratesandfinancingprocedures requiredforthelocalinstitutions.Inadditiontolocalbanks,thereareseveralothermortgage brokersthatmaybeanoptionforyou Askyouragentfortheirsuggestionsandfindalist belowofon-islandbankoffices:
CapeCod5SavingsBank|capecodfive.com|112PleasantStreet HinghamSavingsBank|hinghamsavings.com|35MainStreet NantucketBankadivofRocklandTrust|rocklandtrust.com/nantucket-bank|104Pleasant Street
BankofAmerica|bankofamericacom|15SparksAvenue
LocalInsuranceCompanies
InsuringapropertyonNantuckethas someintricacieswhichnewhomeowners willwanttobeawareof Withmany neighborhoodslocatedinthefloodplain andthepotentialforextremeweather, theriskofdamagemaybehigherthanin otherpartsofthecountry.Additionally, thevalueofislandhomesandthecostto replaceorrepairdamagesincurredmay behigherthanonemayanticipate Local insuranceagenciesarewellversedinthe nuancesofinsuringpropertieson Nantucket Pleasespeakwithyouragent foralistoflocalresources.
Island Home Buyer Services & Information
ExclusiveBuyersAgentAgreement
TheExclusiveBuyer’sAgentAgreementisaformalcontractbetween you(thebuyer)andBerkshireHathawayHomeServicesIsland PropertiesNantucket.Bysigningthisagreement,weestablisha mutuallycommitted andtransparentrelationship,wherewe,asyour realestateagents,representyourbestintereststhroughoutthehomebuyingprocess.
How Does It Benefit You?
Dedicated Representation: With this agreement, your agent is fully committed to you as your exclusive representatives ensuring you have your agent’s focused attention when searching for your new property
Professional Guidance: You will receive expert advice at every step of the process, including negotiations, contingency periods, and closing. Our experience and knowledge will give you a competitive edge in a dynamic market.
Access to Comprehensive Listings: We will use all available tools, including the MLS and our extensive network, to find properties that meet your specific criteria, ensuring you get access to the best options
Cost Transparency: In the past, the buyer’s broker's compensation was typically paid by the seller at closing, though this wasn’t always clearly communicated to buyers. In light of recent changes following the NAR settlement, that arrangement is still possible but no longer guaranteed. This agreement ensures that all parties involved in the transaction are fully informed about the buyer's broker compensation and clearly outlines the fee structure, so you won’t encounter any unexpected costs for our services
What Does It Mean for You?
Commitment: In exchange for our dedication to you, we ask for your commitment to work exclusively with us during the term of the agreement This means that if you find a property, whether through our efforts or independently, we will be the agents representing you.
Tailored to Your Needs: The agreement is flexible and can be customized to suit your specific real estate goals. Whether you’re focused on the entire Nantucket area, a particular neighborhood, or even a single property, we can adjust the agreement to reflect your preferences This ensures that our efforts are fully aligned with your search, targeting exactly what matters most to you
Duration: The agreement typically covers a specific time frame, which we can adjust according to your needs.
Timing: Buyer Agreements are signed prior to physically or digitally touring a property.
Island Home Buyer Services & Information
Sample Exclusive Buyers Agreement
Kindly discuss the details of a buyer agreement with your agent We take pride in offering personalized service to our clients and will tailor specific terms of the agreement to meet your needs.
Island Home Buyer Services & Information
Agency Disclosure Forms
Professional Real Estate Agents are your trusted advisors during the process of buying or selling a property. When representing you, a Real Estate Agent owes their client(s) the following fiduciary duties:
Obedience - must carry out all lawful instructions of his or her client
Loyalty - must act in the best interest of his or her client
Disclosure - must disclose all information regarding the property or transaction to his or her client
Confidentiality - must keep confidential all information obtained during his/her representation of the client. The duty of confidently is forever; it survives termination of the agency relationship. Note that the duty of confidentially does not supersede an agent’s other duties, such as the duty of honesty, the duty to obey Fair Housing laws, and/or the duty to disclose known defects or hazardous property conditions
Accountability - must protect and account for all money, documents, or other personal property given to him or her by the client
Reasonable Care - must perform his or her services competently within the scope of license requirements and to the industry standard for reasonable due care
Licensees can either represent you as the seller (Seller's Agent,) represent you as the buyer (Buyer's Agent,) or they can assist you as a Facilitator. It is an Agent's responsibility to inform you of their role in this regard. They do this by presenting you with a Massachusetts Agency Disclosure Form to sign at your first meeting where you will discuss a specific property. The form clearly states who the clients are and exactly who the Agent is representing and is a requirement by the Board of Registration of Real Estate Brokers and Salespersons
Dual Agent Disclosure
In the Commonwealth of Massachusetts, Real Estate Agents are also allowed to be Dual Agents should they choose to be, which means they represent both the seller and buyer in a real estate transaction at the same time. The Agent will be authorized to assist both parties, but must remain neutral with regard to any conflicting interest of the buyer or seller. The confidentiality of both parties must still be kept at all times In order for this situation to
commence, all parties must agree and sign a Consent to Dual Agency form in addition to the standard Agency Disclosure Form.
Important Note to Consumers
The duties of a real estate licensee do not relieve consumers of the responsibility to protect their own interests If you need advice for legal, tax, insurance, zoning, permitted use, or land survey matters, it is your responsibility to consult a professional in those areas Real estate licensees do not and cannot perform home, lead paint, or insect inspections, nor do they perform septic system, wetlands or environmental evaluations
Sample of Mass Agency Disclosure Form
Island
Sample of Dual Agency Consent Form
Property Inspections & Testing
Smoke&CO2Inspections
WhenbuyingahomeinMassachusetts,itisrequiredthatthehome beequippedwithfullyoperationalsmokeandcarbonmonoxide alarmsordetectorsaswellasotherfiresafetyequipment. The requiredequipmentisdeterminedbythedateyourhomewasbuiltor last renovated and the number of residential units within the property. Within sixty days prior to the closing date, a seller is responsible for having the property inspected by the local fire department and obtaining a 26F Certificate of Compliance to confirm the home is outfitted with all necessary requirements This certificate must be provided to the closing attorney As of June 1, 2020, ALL homes on Nantucket, whether professionally alarmed or not require an in-person inspection to obtain a Certificate of Compliance. There is a fee of $50 per dwelling unit for this inspection. Commercial buildings with no dwelling units are not required to have this inspection prior to sale. Speak with your real estate agent for the specific requirements of any property you are inquiring about. If BHHS Island Properties Nantucket is representing you as a seller, your agent will handle this inspection on your behalf
2021OilTankRegulations
BeginningJanuary1,2021,atthetimeofpropertytransferallbuildings(residentialor commercial)withoilheatandabovegroundtanksmusthavetanksthataredouble-walledto provide110%containmentcapacitytopreventcontaminationfromleaks Ifapropertyhasa single-wallfuelstoragetank,itmustbereplacedwithadouble-walledtank,regardlessofage,or mustprovide110%containmentcapacity,priortotheclosingtoobtainaCertificateof Compliance.
Thesellerorseller'sagentwillcoordinateobtaininga"Chapter135FuelStorageTank ComplianceForm"fromtheoilburnertechnician,fueloilsupplierorcompanythatinstalledthe tank Then,usuallyatthesametimeasthesmokedetector/C02inspection,thisinspectionis performedbytheNantucketFireDepartment Ifthetankisincompliance,theNFDwillissuea CertificateofComplianceatthattimewhichwillbeneededbytheclosingattorney Thefeefor thisinspectionis$50peroiltank.
Property Inspections & Testing
WaterTests
AlthoughthewateronNantucketisgenerallyconsideredtobe someofthebestontheEastCoast,ifyouarepurchasinga propertythathasawellitisrequiredtohavethewatertested forpotability,impurities&PFASconcentrations Youroffer contingenciesshouldincludethesetests,butoftentimes sellers may have already done their mandatory tests. Test results are good for one year with regard to a transfer of the property These tests are performed by independent authorized laboratories. Generally, these results are returned within 15-45 days, weather & laboratory permitting
Home Inspection Services
ving a home inspection as part of the tingency section of your offer to purchase is ndard on the island. These inspections can often e a new owner headaches down the road tomarily there is a set number of days stated in offer during which the buyer has the ability to e various inspections and tests performed in er to gain a sense of the condition of the perty and identify any major structural or chanical deficiencies A professional home pector, licensed by the Massachusetts Office of Consumer Affairs, will provide a report of structural,
lead paint, water potability, engineering and wood-boring insects. They will identify potential problems but are not allowed to provide suggestions on how to fix areas of concern, estimates of how much it would be to fix or recommendations of specialty repair persons. When financing a home, inspections are also a necessary part of the lending process There are several licensed providers who service the island See the next section "Home Inspectors Consumer Fact Sheet" for more details and how to obtain the list of licensed firms. Your designated buyer's agent is allowed to provide you with recommendations, but a seller's agent is not allowed to provide specific inspector names to avoid conflicts of interest.
If you wish to have other specialty inspectors investigate the property such as a pest specialist, a roofing contractor, etc, that should also be done within your inspection contingency period.
Consumer Fact Sheet | Home Inspectors
*information provided by www.mass.gov
ABOUT HOME INSPECTIONS
A standard home inspection is a visual examination of the physical structure and major interior systems of a residential building consisting of one to four dwelling units It should be understood that there are certain risks inherent in the purchase of property and a home
inspection is inherently limited in its scope and depth. The information gained from home inspection conforming to 266 CMR 6.00 may reduce some of those risks, but the home inspection is not intended to provide the client with protection from all of the risks involved. An inspection can be likened to a physical exam by a physician; however, it should be clearly understood that a home inspection is not to be confused with an appraisal, a building code inspection, a guarantee of any kind, and/or an insurance policy on the condition of the property. During an inspection, the inspector will review the readily accessible exposed portions of the structure of the home, including the roof, the attic, walls, ceilings, floors, windows, doors, basement, and foundation as well as the heating/air conditioning systems, interior plumbing and electrical systems for potential problems. Home inspections are not intended to point out every small problem or any invisible or latent defect in a home. Most minor or cosmetic flaws, for example, should be apparent to the buyer without the aid of a professional
TIMING OF THE HOME INSPECTION
A home inspector is typically hired by a potential homebuyer right after the offer to purchase contract is signed, prior to executing the final purchase and sales agreement. However, before the potential buyer signs the offer to purchase contract, he/she should be sure that there is an inspection clause in the contract making the purchase obligation contingent upon the findings of a professional home inspection. This clause should specify the terms to which both the buyer and seller are obligated.
SELECTING A HOME INSPECTOR
Good referral sources for home inspection services are friends, neighbors, or business acquaintances who have been satisfied with a home inspector. In addition, lawyers and mortgage brokers may also recommend a home inspector. The names of local inspectors can be found by entering the words home inspection and the zip code of the community where you are purchasing the dwelling and/or searching the Division of Professional Licensure website at www.mass.gov/dpl/ or in the Yellow Pages where many advertise under "Building Inspection Service" or "Home Inspection Service."
Real estate brokers and salesmen may not directly recommend a specific home inspection company or home inspector unless representing the buyer as a buyer's broker Brokers, however, may provide assistance to buyers in accessing information on licensed home inspectors. A current homeowner may also want to get a home inspection to identify any problems, especially if the owner plans to sell the home in the near future.
Consumer Fact Sheet | Home Inspectors
*information provided by wwwmassgov
SELECTING A HOME INSPECTOR (continued)
Following are additional tips when searching for a home inspector:
As of May 2001, home inspectors are required to be licensed in the Commonwealth of Massachusetts. A home inspector's license should be verified prior to hiring. Consumers should not be confused by home inspector "certifications" offered by, or sold by home inspection trade societies or companies, obtained via home study courses, or provided by home inspection companies that certify their own home inspectors. Since the home inspection business is unregulated in most states, certifications are available to anyone. A home inspector's license can be verified with the Board of Registration of Home Inspectors at its website or by calling the Board at (617) 727- 4459
The home inspection company that is retained should welcome the potential buyer's presence at the home inspection. The home inspector should be willing to address all of the buyer's questions and provide a full verbal and written report. Those hiring an inspector should expect an open door policy from the home inspection company to be able to ask questions about the content of the home inspection report in the future
DURING THE HOME INSPECTION
While not necessary, it is recommended that the buyer be present for the inspection This allows the buyer to observe the inspector, ask questions directly, and obtain a better understanding of the condition of the home, how its systems work, and how to maintain it. The written report may be easier to understand if the buyer was present during the inspection. It is important that you provide safe access and sufficient lighting so that the inspector can inspect the property. Inspectors must provide a written evaluation report based on the standards of compliance in accordance with CMR 266.6.00. At the conclusion of the home inspection, the buyer should be well informed of the condition of the home It should be known if there are visible, apparent problems, if repairs need are required, or whether or not there are any risks of concealed damage, and whether further investigation is recommended and/or required.
Consumer Fact Sheet | Home Inspectors
*information provided by www.mass.gov
OTHER INSPECTIONS AND TESTS TO CONSIDER
It is strongly recommended that potential buyers consider having the following inspections and/or tests performed prior to signing the final purchase agreement:
Lead paint, http://wwwmassgov/eohhs/gov/departments/dph/programs/ environmental-health/exposuretopics/lead/delead/
Water quality ( is it drinkable)
Wood destroying insects, including termites.
Air quality, including radon gases.
Fungi, mold and allergens
While some home inspectors are qualified to offer these services, these inspections and tests are not part of the basic home inspection and should be contracted through qualified licensed professionals (of your choice and hire) in those fields
FILING A COMPLAINT
While most licensees conduct themselves as true professionals, the Division of Professional Licensure will take action against those licensees who fail to maintain acceptable standards of competence and integrity. In some cases, dissatisfied consumers make complaints, however, dissatisfaction alone is not proof of incompetence or sufficient grounds for disciplinary action If you have a serious complaint about a home inspector, call or write the Divisions' Office of Investigations and ask for a complaint form The Division's Office of Investigations is located at 1000 Washington Street, Suite 710, Boston, MA 02118. The phone number is 617-727-7406. A copy of the complaint form can also be downloaded from the Division's website ( www.mass.gov/dpl/ ).
Consumer Protections | Home Inspectors
CONSUMER PROTECTIONS & ACKNOWLEDGEMENT
As part of Massachusetts Consumer Protection Laws, all licensed real estate salespersons and brokers are required to provide a buyer client with the Massachusetts Home Inspectors Fact Sheet before or at the time they write their first offer. To memorialize this, our office provides the below acknowledgement form for buyers to sign along with their offer to be sure you are aware of the benefits of a home inspection.
Sample of Home Inspector Fact Sheet Acknowledgement
Working with the HDC
Policies & Procedures
When making improvements to your home or property, all exterior changes and new construction plans must be reviewed and approved by the Historic District Commission (HDC.) This includes, but not limited to color of trim or exterior doors, roofing changes or improvements, windows, architectural changes, etc The HDC has "BuildingwithNantucketinMind"istheofficialHDCguidebook.Itisessentialreadingforall architects,builders,andpersonsplanningtobuildorpurchasepropertyontheislandas wellasallresidentswhowishtomaintainandrenovatetheirhousesorcommercial structureswhilekeepinginlinewiththeserules Theguidebookisavailableonlineat www.nantucket-ma.gov/537/Building-With-Nantucket-In-Mind
existed since 1955, when the Nantucket community voted to implement official historic preservation procedures to protect and preserve historic buildings, places, and districts. The measures were based on the expected economic benefits from tourism revenues resulting from the community's maintenance of its historic and cultural resources.
WHO:Therearefiveelectedregularcommissionersandthreeelectedalternatemembers. Commissionersservestaggeredthree-yearterms.
WHAT:TheHDCreviewsallexteriorchangesandnewconstructiononNantucketIsland.
WHERE:TheHDCofficeandmailingaddressis2FairgroundsRoad,Nantucket,MA02554 Thephonenumberis508-228-7587x7027
HOW:Accordingtopoliciesandproceduresestablishedsince1955.
THEAPPROVALPROCESS
YouwillfindalltheapplicationdetailsnecessaryontheTownHDCwebsite Besureto submityourapplicationwithallnecessarydocumentationanddelivertotheHDCstaffby thedeadlinelistedonline TheHDCstaffwillreviewallinformationsubmitted,checkfor completionanddate-stampthedocuments,notingthedate,60daysfromreceipt,by whichtheHDCisrequiredtotakeaction.Astaffrecommendationsheetiscompletedand addedtothefile.Themostcomplexapplicationsareassignedspecificappointmenttimes atameeting Youwillbeassigned“NewBusiness”statusandassignedameetingdate Pleasebepreparedtoattendthatmeetingorhaveanappropriaterepresentativeattend
HDCMeetings
Robert'sRulesgovernthemeetings.Amajorityvoteisnecessaryforapproval.Approved applicationsareassignedCertificateofAppropriatenessnumbers.TheCommissionmay requestadditionalinformation,revisions,orasitevisittodetermineanyvisualimpactfrom any"travelledway",whichisthelegaldefinitionfortheHDC'sjurisdiction.
HDCNewBusinessmeetingsaregenerallyonThursdayeveryotherweekwithOldBusiness beingaddressedonthealternatingweek PleaseseetheschedulepublishedontheTown’s HDCwebsitefortimesandhowtoattend
Working with the HDC Policies &
Procedures
Applications
Deadlines are generally Tuesday of the week before the meeting, at noon. Be sure to check the published schedule online for confirmation of deadlines New applications submitted are heard, in the order they were submitted to the HDC office, at the ollowing "New Business" meeting which is approximately 9 days following the deadline. The nine days will give the office time to process the application. The HDC is not always required to notify abutters concerning pending applications
BuildingPermit/CertificateofOccupancy
Whentheprojectiscompleted,theowner/agentofownershouldcalltheHDCofficeto arrangeforthefinalinspectionandsign-offontheBuildingPermit/CertificateofOccupancy justlikeanyothertowninspector.AnHDCinspectorisrequiredtovisitthesitewithinfive workingdaysfromthedateofrequest Theinspectioninvolvesavisualsurveyoftheexterior elevationsandanyHDC-approvedsiteimprovements,includingfencing,gates,walls,etc.The BuildingPermitmaybesignedonthesite,ortheowner/agentmayhaveitsignedattheHDC officefollowingtheinspection IftheHDCinspectordeterminesthattheworkisincompleteor inviolationoftheoriginalapproval,thepropertyownerisnotifiedandadjustmentwillneedto bemadebeforesignoff
WherecanIfindinformationaboutastructure'shistory?
TheHDChassurveyformswithinformationaboutmostofthestructureswhichwerebuilton Nantucketbefore1945.Thesurveyformsincludeaphotographofthestructure,acondition assessment,andsomehistoricalreferences.Datesofconstruction,originalowners,andbrief historiesmightbefoundonthesurveyforms.Moredetailedresearchmaterialisavailableat theNantucketHistoricalAssociation'sResearchCenter,locatedintheFairStreetMuseum.You mayalsoemailthestaffatlibrary@nhaorgforassistanceandaccessquestions
HowdoyouprocessanHDCapplication?
ThedeadlineforsubmittingnewapplicationsandrelateddocumentsiseveryotherTuesdayat noon,inordertobeonThursday’sHDCmeetingagenda9dayslater.
WhydoestheHDChavedifferentresponsestosimilarrequests?
Eachapplicationisreviewedaccordingtoitscontext,meaningthatnodesignisconsideredas anisolatedobject.TheguidebookseparatestheIslandintosettled(townorvillage)areas, unsettled(outlying)areas,andconsiderstopographyandvegetationfactors Eacharea's uniquecharacteristicfeaturesareconsidered.
Town Agencies
Working to Protect Your Investment
The community of Nantucket is passionate about preserving the island they love There are numerous Town Departments dedicated to preserving the island's history, open space and charm. See below a list of just a few with their missions detailed.
Nantucket Conservation Commission (ConCom)
The ConCom is a board appointed by the Select Board that enforces Federal, State and Local wetlands regulations It acts on permits for construction within 100 feet of a wetland Wetland does not necessarily mean "wet" There are areas defined as wetlands that simply contain certain types of vegetation You should inquire whether or not the property you are considering might fall under the jurisdiction of the Conservation Commission and the steps you would need to take for a determination
Nantucket Historic District Commission (HDC)
The HDC is an elected public body that approves and regulates the exterior appearance of all structures on Nantucket in an effort to maintain the Island's historic ambiance. HDC approval is required for all changes (structural and/or painting) to buildings and any new construction including fences, sheds and steps, etc. This conformity of appearance is an integral part of the island's appeal and helps to maintain property values.
Nantucket Islands Land Bank Commission
The Nantucket Islands Land Bank, a land conservation program created to acquire, hold, and manage open space resources and endangered landscapes of Nantucket Island for the use and enjoyment of the general public, was the first of its kind in the nation The program was conceived by Nantucket's Planning Commission, adopted by the voters of Nantucket, and established by a special act of the Massachusetts Legislature in 1983
The Land Bank has worked to accomplish its legislated purpose by actively competing in the open market to acquire land which provides the public a wide range of opportunities Land Bank holdings currently include beaches, wetlands, aquifer recharge areas, moorlands, heathlands, rare species habitat, ocean, pond and harbor frontage, and properties for passive and active recreation The organization is operated by a five member, publicly elected body. It is funded by a fee imposed on each Nantucket County real estate transfer. Currently, a buyer pays 2% of the purchase price on all real estate transactions to the Land Bank. Currently first-time homebuyers may take advantage of an exemption up to $1,000,000 of the purchase price. A property transfer goes first to the Land Bank and then is recorded at the Registry of Deeds. The IRS has ruled that this fee cannot be deducted as a sales tax but is added to the purchase price. It also will get added to the property basis upon the future sale.
Conservation/Preservation Groups
Thereareseveraldifferentorganizationsandagenciesthatsharea commoninterestintheprotectionandpreservationofNantucket's naturalresources.
Allhavesimilaraims;manyhavesimilarnames.
Below is a list of the various organizations and agencies who are playing a part in keeping the Nantucket of today the Nantucket of tomorrow
Maria Mitchell Association | 4 Vestal Street, Nantucket, MA 02554 |
www.mariamitchell.org
This non-profit was founded in 1902 to preserve the legacy of Nantucket native astronomer, naturalist, librarian and educator Maria Mitchell The MMA operates two observatories, a natural science museum, an aquarium and the historic birthplace of Maria Mitchell A wide variety of science & history-related programming is offered throughout the year for people of all ages The MMA is supported by donations, memberships and program fees
Massachusetts Audubon Society | 208 South Great Road, Lincoln, MA 01773 | www.massaudubon.org
Not to be confused with the National Audubon Society, this state wide group is one of the nation's oldest and most respected conservation organizations On Nantucket, it owns sanctuaries along Hummock Pond and Sesachacha Pond totaling 950 acres and conducts research on the effects of land management practices on Nantucket's plant and wildlife populations. It is a non-profit organization supported by membership dues and donations.
Nantucket Conservation Foundation | 118 Cliff Road, Nantucket, MA 02554 |
Photocredits:NantucketConservation www.nantucketconservation.org
This private, non-profit corporation, established in 1963, acquires and manages conservation land on Nantucket for public benefit, sponsors research and educational programs, and closely cooperates with other like-minded organizations to promote the protection of Nantucket's natural resources. The foundation is totally supported by voluntary annual membership & donations
Nantucket Garden Club | P.O. Box 627, Nantucket, MA 02554 | www.nantucketgardenclub.org
The Garden Club is an active non-profit organization which sponsors educational and horticultural projects for the benefit of Nantucket The Club annually awards a horticultural scholarship for graduates of Nantucket High School It is also involved in civic and conservation activities, and regularly cooperates with and supports other groups that protect Nantucket's natural resources
Conservation/Preservation Groups
Nantucket Preservation Trust | 11 Centre Street, Nantucket, MA 02554 | www.nantucketpreservation.org
The NPT is unique among island organizations in that its focus is on our architectural heritage. The NPT acts to educate and to advocate for the value of historic preservation in our architectural heritage: the homes, farms and work places of yesteryear as used by the community of today.
Through lectures, tours and publications, they present the unique local and national significance of our historic structures and streetscapes and their importance in the economic and cultural lives of islanders today It is supported by membership dues and contributions
T
he Trustees of Reservations | 200 High Street, Boston, MA 02110 | www.thetrustees.org
This Statewide non-profit was established in 1891 by the state legislature. On Nantucket, The Trustees owns and manages the Coskata-Coatue Wildlife Refuge. Working closely with US Fish and Wildlife, the Trustees work to preserve and protect the 16 miles of trails, wildlife and bird habitats and an array of coastal plant life
The Sconset Trust, Inc. | P.O. Box 821, Siasconset, MA 02564 | www.sconsettrust.org
For over 30 years the ‘Sconset Trust has been dedicated to protecting open space and keeping it forever wild Since 1984, through gifts and purchases, the Trust has acquired over 130 acres of land Supported by membership dues and contributions, it educates the public regarding the social, economic and natural history of the 'Sconset area.
UMass, Nantucket Field Station | 180 Polpis Road, Nantucket, MA | www.umb.edu/nantucket
One of the facilities of UMASS Boston’s School for the Environment, this 107 acre field site of pristine salt marsh, rolling uplands and harbor waterfront provides education, research and community service. This world class research and educational institution is also a deeply engaged member of the Nantucket community.
Nantucket Land Council, Inc. | 6 Ash Lane, P.O. Box 502, Nantucket, MA 02554 | www.nantucketlandcouncil.org
This non-profit, membership-supported environmental interest group sponsors research on water quality, rare species, long-range planning designed to minimize the potentially deleterious effects of projected island population growth, and other projects of a similar nature The Land Council also holds the right of enforcement on many Conservation Restrictions
