HomeMy WebLinkAbout2018-6-13r_1A --i ..
Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseata� �''
Alternates: Mark Poor Geoff Thayer Jim Mondani oo
MINUTES
Wednesday, June 13, 2018
Public Safety Facility, 4 Fairgrounds Road, Community Room -4:30 p.m. c_ G
Called to order at 4:40 p.m. and Announcements made. y'
r-.
Staff in attendance: Eleanor Antonietti, Zoning Administrator; Tucker Holland, Housing Specialist; T. Norton, Town IDiuttes Ta"
Attending Members: Toole, Botticelli, McCarthy, Poor, Thayer, Mondani •• "}
Absent: O'Mara, Koseatac W
d
Town Counsel: Ilana Quirk, K&P
Engineer Consultant: Ed Marchant (by phone)
A enda ado ted b unanimous consent
01,I) BUSINESS
1. 20-18 Surfside Crossing, LLC Surfside Crossing 40B Freeman/Reade
The Applicant is seeking a Comprehensive Permit in accordance with M.G.L. Chapter 40B, pursuant to a project eligibility letter issued
by. MassHousing, in order to allow a multi -family project consisting of 156 for -sale dwelling units comprised of 60 stand-alone single-
family cottages on fee simple lots and 96 condominium units in 6 multi -family buildings, with 25% (39 units, 15 cottages and 24
condominium units) designated as affordable units, with a total of 389 bedrooms. The existing lots will be subdivided into 60 fee simple
lots, 4 open space lots, and a 3.6 acre condominium lot. Off-street parking will consist of 2 spaces per cottage and 148 spaces designated
for the condominiums. Infrastructure and amenities will be provided, however, the proposed project is proposed to connect to municipal
water and sewer infrastructure. The application and supporting materials are available for public review at the Zoning Board of Appeals
office at 2 Fairgrounds Road between the hours of 7:30 A.M. and 4:30 P.M., Monday through Friday. The Locus is situated at 3, 5, 7 and
9 South Shore Road and is shown on Assessor's Map 67 as Parcels 336, 336.9, 336.8, and 336.7 and is shown as Lots 4, 3, 2, and 1 on
Plan Book 25, Page 50 as recorded at the Nantucket Registry of Deeds. The total lot area of the combined parcels is approximately 13.5
acres. Evidence of owner's title is recorded in Book 1612, Page 62 at the Nantucket Registry of Deeds. The property is located in a
Limited Use General 2 (LUG -2) and within the Public Wellhead Recharge District. Any person interested in the proceedings or who
wishes to be heard should appear at the time and place of the public hearing.
Voting Toole, Botticelh, McCarthy, Poor, Thayer, Mondani
Documentation File with associated plans, photos, required documentation, and slideshow presentation.
Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP
Jamie Feeley, Cottage & Castle, Proponent
Josh Posner, Proponent
Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP
Don Bracken, Bracken Engineering, Inc.
Miroslava Ahern, Ahern Design
Matt MacEachern, Emeritus Development
Public Joan Stockman, 13 Wherewhero Lane
Vicky Goss, 8 Blueberry Lane
Sean Perry, 14 South Shore Road
Jamie Cabral, 8 South Shore Road
Gretchen Callahan, 4 Morgan Square
Jack Benjamin, 20 Gladlands Avenue
Diane Cabral, 8 South Shore Road
Cambell Sutton, 15 Appleton Road
Jacques Zimicki, 3 Wherowhero Lane
Frank Hanlon, 64 Fairgrounds Road
Kate Raphael, 26 Miacomet Road
Dave Iverson, 21 Meadowview Road
Michelle B. Perry, 14 South Shore Road
Patrick Taaffe, 21 Okorwaw
Pete Loughman, 88 Surfside Road
Page 1 of 7
Minutes for June 13, 2018, adopted July 24
o4�pNTUCKE.�
ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
r_1A --i ..
Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseata� �''
Alternates: Mark Poor Geoff Thayer Jim Mondani oo
MINUTES
Wednesday, June 13, 2018
Public Safety Facility, 4 Fairgrounds Road, Community Room -4:30 p.m. c_ G
Called to order at 4:40 p.m. and Announcements made. y'
r-.
Staff in attendance: Eleanor Antonietti, Zoning Administrator; Tucker Holland, Housing Specialist; T. Norton, Town IDiuttes Ta"
Attending Members: Toole, Botticelli, McCarthy, Poor, Thayer, Mondani •• "}
Absent: O'Mara, Koseatac W
d
Town Counsel: Ilana Quirk, K&P
Engineer Consultant: Ed Marchant (by phone)
A enda ado ted b unanimous consent
01,I) BUSINESS
1. 20-18 Surfside Crossing, LLC Surfside Crossing 40B Freeman/Reade
The Applicant is seeking a Comprehensive Permit in accordance with M.G.L. Chapter 40B, pursuant to a project eligibility letter issued
by. MassHousing, in order to allow a multi -family project consisting of 156 for -sale dwelling units comprised of 60 stand-alone single-
family cottages on fee simple lots and 96 condominium units in 6 multi -family buildings, with 25% (39 units, 15 cottages and 24
condominium units) designated as affordable units, with a total of 389 bedrooms. The existing lots will be subdivided into 60 fee simple
lots, 4 open space lots, and a 3.6 acre condominium lot. Off-street parking will consist of 2 spaces per cottage and 148 spaces designated
for the condominiums. Infrastructure and amenities will be provided, however, the proposed project is proposed to connect to municipal
water and sewer infrastructure. The application and supporting materials are available for public review at the Zoning Board of Appeals
office at 2 Fairgrounds Road between the hours of 7:30 A.M. and 4:30 P.M., Monday through Friday. The Locus is situated at 3, 5, 7 and
9 South Shore Road and is shown on Assessor's Map 67 as Parcels 336, 336.9, 336.8, and 336.7 and is shown as Lots 4, 3, 2, and 1 on
Plan Book 25, Page 50 as recorded at the Nantucket Registry of Deeds. The total lot area of the combined parcels is approximately 13.5
acres. Evidence of owner's title is recorded in Book 1612, Page 62 at the Nantucket Registry of Deeds. The property is located in a
Limited Use General 2 (LUG -2) and within the Public Wellhead Recharge District. Any person interested in the proceedings or who
wishes to be heard should appear at the time and place of the public hearing.
Voting Toole, Botticelh, McCarthy, Poor, Thayer, Mondani
Documentation File with associated plans, photos, required documentation, and slideshow presentation.
Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP
Jamie Feeley, Cottage & Castle, Proponent
Josh Posner, Proponent
Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP
Don Bracken, Bracken Engineering, Inc.
Miroslava Ahern, Ahern Design
Matt MacEachern, Emeritus Development
Public Joan Stockman, 13 Wherewhero Lane
Vicky Goss, 8 Blueberry Lane
Sean Perry, 14 South Shore Road
Jamie Cabral, 8 South Shore Road
Gretchen Callahan, 4 Morgan Square
Jack Benjamin, 20 Gladlands Avenue
Diane Cabral, 8 South Shore Road
Cambell Sutton, 15 Appleton Road
Jacques Zimicki, 3 Wherowhero Lane
Frank Hanlon, 64 Fairgrounds Road
Kate Raphael, 26 Miacomet Road
Dave Iverson, 21 Meadowview Road
Michelle B. Perry, 14 South Shore Road
Patrick Taaffe, 21 Okorwaw
Pete Loughman, 88 Surfside Road
Page 1 of 7
Public
Discussion
Minutes for June 13, 2018, adopted July 24
Katie Cabral, 16 Woodland Drive
Mary Mack, 181B Polpis Road
Cormac Collier, Executive Director Nantucket Land Council
Virna Gonzalez, 19 Wappossett Circle
Maria Davis, 53 South Shore Road
Meghan R. Perry, 14 South Shore Road
Shawn Cabral, 8 South Shore Road
Loukas Natsis, 11 Folger Avenue
James Olney, 100 Old South Road
Reade — Have provided in the requested format the list of waivers, and a landscape plan.
Toole — On the Project Eligibility Letter (PEL) application Certification and Acknowledgement page 22 there's a question
if any applicant failed to comply with state laws relating to taxes and child support; the yes and no were not answered.
Asked if that is an issue.
Quirk — They have the project eligibility letter in response to the application.
Reade — There is no such issue to the best of their knowledge.
Bracken — Tried to address the landscaping questions on the plans. Reviewed updated plan: additional trees along
northern line; cleared area of existing path at site of proposed road; property line proposed 10 -foot no -disturb vegetated
buffer; sewer easement; interior green spaces.
Toole — Asked the status of Massachusetts Endangered Species Act (MESA)
Bracken — Brian Madden, LEC Environmental, is working on that.
Botticelli — Asked what happens if a lot of this is within MESA jurisdiction.
Toole — If an endangered moth is there in abundance, why are we reviewing this?
Reade — You are reviewing the aspect with all Town permits in conjunction with this project. On a parallel track we are
pursuing the State permits.
Toole — If 50% of this is deemed habitat and you can't build on it; we'd be reviewing a totally different project.
Botticelli — Asked if there is a time frame when they will have an answer.
Feeley — A study has been started; they are supplementing that study. If there are findings there are endangered species on
he property; they would be obligated to mitigate. That mitigation could take place off this property.
Toole — It is a little bit of a chicken and egg situation; we are looking at a project that takes the entire site.
Meade — We expect to be able to meet Massachusetts Natural Heritage (MNH) concerns. That is pending on a separate
natter outside the jurisdiction of this board; that is no reason not to proceed with this. We could also complete the project
ind come back for modification if necessary.
Toole — Doing that makes no sense to him. That means spending six months to review this then having the applicants
-ome back for a modification because they can't do it. He believes it should have been done ahead of time. Sachem's Path
iad to mitigate.
Reade — They are prepared to take whatever action is required.
quirk — The chairman would be correct that it is impractical, however, that determination is for the applicant to make;
hey have the right to come forward and proceed out of sequence in respect to other permits they are seeking. That
iappens with the peer review to make sure everything is looked at that might apply so the applicant will know if additional
waivers are required.
Goole — The site plan shows a barn that is listed as open space; asked if it is included in the open space calculation or not
Bracken — The barn site probably needs a lot number, the open space calculation excludes all the buildings but includes
he rest of the lot area.
AcEachern — Number of zones: single family dwellings mixed with affordable units, condo units, three points of access.
gave created access between the condo zone and single -family -dwelling (SFD) zone for emergency vehicle access only.
3uildings across from condos along the central access are two story while condos will adhere to the 30 -foot height
-estrictions. Reviewed scale of SFD dwellings and how the structures will have variety. Reviewed specific types for SFDs;
Cype A, Type B, Type C, Type D. Types A -A and B -A and C -A are affordable versions.
3otticelli — Asked the difference between affordable and market -rate versions.
UcEachern — It has to do with the interior; from the street there is no difference. A goal for the condos is to create
:ommon green space; using the existing sewer easement to create that. There is clearly high density, majority of parking is
)ehind the buildings; as you approach the buildings, there is on -street parking, wider sidewalks, and green space; the front
elevations address common green space.
Goole — Asked why condos.
Seeley — The condos came from a conversation he had with a local first responder, there is very little housing available in
he $700,000-$750,000 range for people who don't qualify for affordable housing. There are a lot of apartments, but they
ike the ownership concept of the condos.
>tockman — This project represents a tipping point for Nantucket. There seems to be a lot of inference and information
vetting out to the I&M and via smart phone about the proposed costs of the units. In her conversations, the people Mr.
Seeley referred to couldn't afford to live here. Agrees that housing for year-round workers is needed but it should be
Page 2 of 7
Minutes for June 13, 2018, adopted July 24
actually affordable and not devastate an area in this manner; the area is Fairgrounds Road and Surfside Road to Surfside
Beach; it impacts the entire Island. Resents that this is painted as a service to Nantucket when it is not Mr. Posner and Mr.
Feeley are the only ones who benefit from this.
Goss — Asked if the State has a position about having 40Bs all within a mile of each other, we're talking about another 300
cars on Surfside Road east of the Rotary.
Quirk — A PEL application was filed to the subsidizing agency, which considered that issue pointed out in comments by
the Select Board. Notwithstanding the Select Board concern about the concentration of 40B projects, the PEL was issued.
S.Perry — Asked how many structures in the South Shore Road area approach the 30 -foot ridge height.
McEachern — He could do a survey and get that information; he believes there are structures between 25 and 28 feet. The
zoning in the area allows 30 feet
Toole —The height survey might be helpful.
J.Cabral — He has two wells within 58 feet of this property; there will be well over 300 vehicles and run off from asphalt
roofs. He's concerned about his wells.
Bracken — The entire site is within Zone 2 Water Recharge area. Drainage will be designed in accordance with
Department Environmental Protection (DEP) standards. The systems will require maintenance contracts; the contractor
will set that up initially then the homeowners association would take over.
Mondani — Asked if the regulations on handling of runoff is all DEP or if there are Town regulations as well.
Bracken — It's designed in accordance with both set of regulations. We wouldn't be able to develop within Zone 1; Most
of this property is Zone 2 just within the limit at the farthest point from the well.
Toole — We are in the process of hiring peer review consultant who will ensure all regulations are being met. Unfortunately
it takes time to get that going.
Callahan — Asked about the State process; she doesn't understand how this project could have been approved. It is
completely out of character and excessively dense. Asked if there is a way for residents to get the State to reconsider.
Quirk — There is PEL letter from State subsidizing agency; they did a site visit, looked at the property, and met with the
applicant on the site. That meeting was publicized.
Benjamin — Two prior people talked about the traffic. The State was here in January; Summer traffic along surfside Road
Saturday and Sunday afternoons is backed up at intersections. Now we are adding 300 cars, which is a catastrophe. He
does not understand why Nantucket has not been able to spread out a burdensome situation of having more people living
in this area. No other area has gone through the density issue that is impacting Nantucket right now. We have to get
together as a group to ensure this does not happen.
Toole — At the last meeting we talked about peer review which vets the project to ensure it was done properly.
Quirk — The experts look at the requested waivers and make determinations as to whether any waivers create a local
concern that outweighs the regional need for affordable housing. If there is a concern that the applicant doesn't agree to
mitigate because it will render the project uneconomic, the ZBA would have Mr. Marchant do a pro forma review to
determine whether or not it will render the project uneconomic; if it does then the ZBA would need to find it was a local
concern that outweighs the regional need for affordable housing.
Toole — In regards to the traffic issue, asked if we have a right to commission our own traffic study.
Quirk — ZBA has the right to ask the Select Board to commission a traffic study at the Town's expense. Within this
process, you can only peer review the studies they have provided.
Botticelli — She has concern about the traffic; the number of bedrooms indicates there will be more than 300 cars,
possibly as much as 800 cars. This is one road with only one access at Surfside Road.
McCarthy — She agrees with Ms Botticelli. We should be proactive.
Toole — He will contact the Select Board about appropriating funds for a traffic study.
Quirk — With July 4ffi week coming up, the ZBA could ask that the study be done at that time and might ask the applicant
to do traffic counts.
Toole — Asked if the applicant's traffic study includes an actual count of summer traffic and if they would be willing to do
that.
Feeley — As he understands it, the summer numbers were reached through extrapolation; their traffic advisor is coming
back and believes they can provide accurate numbers.
D.Cabral — South Shore Road is a dead end road with only one means of egress. The three entry points of this
development all empty onto one road. If there is an event that blocks the road, there is no other point of access.
Sutton — These people are looking at "raping" this island; this is 13.5 acres that will be graded. There are geological
findings happening across the island that aren't being talked about; her concern is that if during construction something is
found it will not be brought to light and bulldozed. With a 40B 25% must be affordable; 75% is not; for every non -
affordable home, how many jobs are required to maintain that property that increase the need for more housing. Every
single house approved on this island creates an employment pool that can't afford to live here; this makes that larger. The
Town should do a study on the impact a single home has on the Island. Another issue is increased electrical use; there is no
alternative energy proposed on the site or attachments utilizing runoff to run toilets, utility water, irrigation, sewer.
Toole — The demand on sewer and power, etc, we are asking for input from Sewer, Water, Police, etc but don't have that
back yet. The applicant's plan isn't the most creative or innovative.
Page 3 of 7
Minutes for June 13, 2018, adopted July 24
Botticelli — She doesn't remember the last peer review addressing impact on taxes and other increases. Ms Sutton brings
up good points about energy components; likes the idea of something done on the property that serves the Island rather
than just drains it; the plan is not sympathetic to the needs of the Island.
Zimicki — Believes the State asked for a comprehensive traffic study, asked for confirmation on that Believes the
applicant's study was cursory. It would be nice to get an idea of actual traffic at the intersection of South Shore Road and
Fairgrounds Road. Asked the width of the two-way streets within the development
Bracken — The main street in is 24 feet wide with granite curbing and sidewalks, the south -most road is 20 feet wide with
curbing and sidewalks and no on -street parking.
Zimicki — Practically speaking, there will be on -street parking. He also questions what happens to snow when the roads
are plowed; it tends to get piled onto the sidewalks.
Botticelli — Amelia Drive is an excellent example of a two-way street with on -street parking and not being wide enough.
There are open -space lots that can be piled and with drain systems.
Toole — Asked the baseline street width on Nantucket.
Bracken — 40 feet is the lay out for main roads. This complies with the regulations for a minor road of 20 feet and 24 -feet
They are asking for a waiver for the grass strip between the curbing and sidewalk.
Toole — All these issues speak to the number of units. Asked how wide the roadway needs to be for parking on one side.
Bracken — Typically, on -street parking requires an 8 -foot width; that requires the road be a minimum of 24 feet wide.
Mondani — There is waiver request for the street width being 30 feet
Bracken — The 30 feet is for the layout; 24 feet is the actual paved road. Road A layout is 40 feet; the others are 30 -foot
layouts with 20 feet paved.
Toole — On snow removal, there was mention that the open areas might also be drainage areas; there would be salt in that
racken — As part of the maintenance plan, they would not be able to use salt because they are in Zone 2. He'll check
,out piling snow.
Cabral — Pointed out that delivery trucks will block the emergency access between the condos and SFDs.
atsis — Asked if the roads are wide enough for school busses or are the kids going to be picked up on South Shore Road.
cCarthy — We had asked the applicant about doing a school impact study and the applicant was not interested in doing
at. She thinks it would be very helpful to give the Town guidance on what to expect
uirk — It is customary but the applicant can say no. A school impact study would provide useful planning knowledge for
e Town.
pole — Asked if the applicant would provide a School Impact Study.
!ade — We're not proposing to do that. Within the scope of a 40B project, there is no requirement for them to provide a
hool impact study.
cCarthy — It might not be required but it would be helpful for the Town and Schools to plan for school buses and other
rvices school children require. It would be a tool and common courtesy to the Town and Community in which you are
latsis — Now that bus service has been brought up, asked if a NRTA stop will be put on South Shore Road. Asked how
such is the Town going to pay through taxes to line the applicant's pocket.
oole — The applicant is refusing...
.eade — We are not proposing a study at this time. We are here to listen.
latsis — Reiterated the horrific traffic at the intersection.
londani — Asked for a response to the roads being passable for a school bus.
racken — They did do an analysis of turning radius for fire truck on the whole site.
.eade — Not asking for a waiver in regards to the width of the paved road; the waiver is for the width of the layout
oole — Construction detail and turning analysis only shows the condo area.
racken — It was done on the entire division and their traffic consultant did it as well; he'll see that it is included in the
[anlon — Confirmed the heavy traffic concerns for the area. Asked if there is a playground proposed within the
welopment. He drives a fire truck and a 20 -foot wide road, if there is even a small car at any radius turn, a fire truck
innot make the turn; the ladder truck is even longer; ambulances are also getting longer and wider. Asked if there is a
mergency Management Plan to evacuate people.
racken — There are two open playing fields as well as a pool and open area in the condo area.
oole — Asked what can be done over the sewer easement.
racken — As long as we don't interfere with the use or operation of the sewer, we can build over it
!uirk — There are roads that go over the sewer easement but nothing can be done over the easement that impairs access
the event of an emergency. This easement has a fairly old main in it.
racken — Weston and Sampson will do the peer review and they will look at that.
oole — The concern about fire truck turning radius, a plan will be provided showing those work on the 20 -foot wide
,ads. The concern is that if there is a car parked there, it is an issue.
racken — The turning radius is based upon the ladder truck information they got from the Fire Department.
Page 4 of 7
Minutes for June 13, 2018, adopted July 24
Toole — Another point was the emergency management plan; is there one; there is only one road out of the area. Asked
what choices of egress other than going onto the beach.
Bracken — We haven't prepared an emergency plan.
Quirk — The emergency preparedness would be looked at under the peer review as well as comments from the Police and
Fire.
Raphael — Asked if Safe Harbor is a closed subject or if it can come back up.
Toole — ZBA had 15 days from the first public hearing to bring up a Safe Harbor issue. That deadline was in May; we
discussed it and ruled it was not pertinent. Safe Harbor doesn't make the affordable requirement go away, it just postpones
it.
Raphael — Her concern is the congestion this will cause. Asked about the number of parking spaces per unit.
Bracken — For SFD there are two parking spaces each with additional spaces for the condos.
Raphael — That doesn't seem realistic, especially for the 5 -bedroom family homes. Doesn't understand why that hasn't
been addressed before; people will park on the road. There is no place for visitors to park. You could still make money by
using bigger lots with more yard and four parking spaces.
Reade — We're not asking for waiver with regard to parking; two spaces is all that is required within the zoning of
Nantucket.
Toole —There are other waivers that are being asked for and the parking relates to the number of units; there are health
and safety concerns.
McCarthy — Understands they aren't asking for a parking waiver, but in regards to safety of the people living there and
how the space will be used must be taken into consideration.
Iverson — They say they are doing the Island a favor. We're a single -source aquifer, if something happens to it, we are in
trouble, but they want a waiver to use impermeable surfaces. They say they are within the regulations; if this complies,
there is no reason ask for a waiver from the bylaw. They asked for a waiver of screening for parking; they don't want to
have room for trees. Two parking spaces per house flies in the face of reason; Sachem's Path residents are now asking for
changes to allow more parking. In his opinion, the reason to build condos is to pack more people in and make more
money. The traffic study was done if February; he hopes when another is done, they take into account all the traffic
funneling back through Lover's Lane down Boulevard. Asked if buyers will be told that if something goes wrong with the
sewer, the homeowner's association is responsible for digging up and repairing the road. Urged the ZBA to promote
health, safety, convenience, and general health for the public.
Toole — Most of those points have been brought up and talked about. We will get to the issue with the waivers, but not
today.
Olney — Asked about historical precedents for architectural design.
McEachem — The historical reference is in regards to the building size, scale, height, and mass of buildings on Nantucket.
McCarthy — Asked specifically what buildings they are using to justify the size and scale of the condo building.
Botticelli — Has the same question.
McEachern — Historically a lot of the older hotels in regards to the massing.
M.B.Perry — She questions the wisdom of paving inside the protection area of a sole -source aquifer. MGL 90 Section 14
that requires occupants of a vehicle to stop for someone on a horse; she has a problem now getting people to slow down
and it will get worse.
Taaffe — Mr. McEachern's architecture for this 40B has nothing to do with Building With Nantucket in Mind. Asked if this
development has been accepted into the sewer district; if not would it go to a vote at Town Meeting; if it isn't accepted, do
they have provisions for on -sight sewage disposal.
Reade — We are in the sewer district; acceptance to connect will come through the process. Noted that 106 Surfside
proposal was not within the sewer district. They are asking for a waiver for the connection fee for the affordable properties
only.
Sutton — She doesn't think they should be waived from paying a sewer connection fee when so many others have had to
pay the $40,000 out of pocket. Private property owners have not been granted any waivers on any fees; it should be fair
across the board.
Quirk — They are within the sewer district. They have asked this board to sit as the sewer commission and give the
necessary permits. The capacity of the sewer will be peer reviewed to determine how this could work infrastructure wise.
Toole — Asked if there is no capacity would that be reason to deny the permit.
Quirk — Yes, however, that would be true of anyone else who might be applying at the same time.
Bracken — The plan is estimated at 42,000 gallons of sewage per day. We would welcome working with Weston and
Sampson on this.
Botticelli — Asked if the issue was addressed as to what happens down the road with the inclusion of all these units at this
time.
Bracken — That would be addressed with Weston and Sampson. He hasn't looked at the sewer master plan and how it
relates to this project.
Toole — He recalls that Abrems Quary had to install a force main and pump station. Well get to all those details.
Page 5 of 7
Minutes for June 13, 2018, adopted July 24
Loughman — Asked the board to look at whether or not other 40B projects asked for and were granted sewer connection
fee waivers. Sachem's Path is wildly successful with well-spaced houses; he sees nothing appealing with how these houses
are packed so densely. If they were spaced a little more, they would be more appealing for people living there.
Natsis — Asked if the condos will be required to have hydrants and fire sprinkler systems.
Bracken —The condos are required to have fire suppression sprinklers. The hydrants are all shown on the plan. The water
for all this will be tied into Town water; we'll use the existing water line on South Shore Road. Wannacomet has given us
verbal confirmation that the line has the capacity.
Hanlon — Questions the Fire Departments manpower to fight a fire in the development, especially in a condo building.
Reiterated the problem with fire trucks getting to a fire especially on the back of one of the condo buildings, especially if
,one small car is parked at a comer. In his opinion, the density of this development has not taken into account ambulance
and fire service. No one takes into account the manpower to service a structure or development of this size.
Mondani — Asked if the concerns of Mr. Hanlon are an example of local concerns outweighing the need.
Quirk — That depends upon what the Fire Department provides in the way of comments and peer review comments. The
Select Board comments in their comment letter in respect to the PEL application vociferously emphasized the fire-safety
concerns. That should be looked at during the peer review.
Cabral — She lives in a similar development and two parking spaces per unit is not enough. Asked if the developer is
estricted to offering only the 80% income or could they do tiers such as Sachem's Path.
Feeley — They are required 80% area medium income (AMI). The condos would fit within the sliding-scale scheme up to
20% as far as the price point per bedroom. The condos price point is similar to some units at Sachem's Path.
Toole — The applicant isn't proposing a mixture as did Sachem's Path.
Quirk — Many communities look at the 120% AMI; the questions is are they willing to restrict.
eeley — The 72 Market rate condos are not restricted but we could have a discussion about that
olland — As a point of reference, the covenant program is restricted to 180% AMI with a limit of $691,000 for one
edroom. 25% of the housing meets Mass Housing requirements; but there is the ability to restrict more so that the site
ontinues to serve the population it is intended for. The Sachem's Path 150% were in the low to mid 5s.
ack — Asked what is the expected price for a 3-bedroom affordable house and how much for one of a 3-bedroom
reeley — An affordable 3 -bedroom house would be $258,000 and a 3 -bedroom condo would be $258,000.
.ollier — In all his time reviewing housing applications for Nantucket Land Counsel (NLC), this application is the most
ut of place in terms of density and its relation to the surrounding neighborhood. In terms of how it flows into the
arrounding area, they are proposing a 10 -foot buffer, which is absolutely minimal. The community in which Mr. Posner
nd Mr. Feeley live is telling them this is too dense for the neighborhood. In terms of endangered species, to his
nowledge as of last week, no formal application has been made to the State; they have had preliminary conversations.
achem's Path is within the same endangered species habitat; they had to do one acre of on-site mitigation in addition to
ie 12 -acre parcel already owned by Nantucket Housing Authority placed into permanent conservation in Tom Nevers.
peaking for NLC, he will not accept one dollar for off-site mitigation; we must press the state to ensure there is on-site
litigation that not only protects endangered species but buffers the site.
ronzalez — Sachem's Path has 40 units and 100 percent are affordable. In regards to the sewer connection, our builders
,ere supposed to take care of that fee and did not. When it was turned over to the homeowners association, the owners
ad to take care of the path of upwards of $680,000; we are asking the Town to waive that It is an example of how
uilders might get skipped over. At a recent Select Board meeting, the capacity of the water system was noted at over 80%
id they are looking at how anything built in the future will affect the water.
lavis — The State failed us miserably; this is not a good idea. The developer has failed in projecting something of this
:ale. Asked the ZBA to not fail the community.
i.R.Perry — Asked how the ZBA intends to approach the process of weighing local concern.
1cCarthy — We will hear from all the local agencies and departments in regards to this project
i.R.Perry — Asked if the burden of proof is on the residents or the applicant to show that the local concerns outweigh
Le affordable housing need.
luirk — In the event a local concern is raised there is a presumption that the burden of proof is on the ZBA to show a
Ical concern outweighs the need for affordable housing.
,.Cabral — She reiterated the concern about the need for additional parking. Access to the bus stop is a concern because
Ley have to cross South Shore Road. Asked if the water capacity will be reviewed in the peer review.
oole — We will be looking at the water capacity issue. The bike -path issue is another good point; there is no sidewalk on
Lis side of South Shore Road.
racken — They are not proposing a sidewalk or bike path on this side the road; there is a crosswalk at the condo entry.
hey are proposing a sidewalk along South Shore Road that will end at the condo entry.
I.R.Perry — If this project is for the locals, why are there only 25% affordable; why isn't more of it affordable.
eeley — The affordable requirement is 25%. They intend the local year-round occupancy will be closer to 2% to include
Le condos. The market rate units subsidize the affordable units. At this point there is no guarantee the condos will go to
cals but are committed to marketing it to locals.
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Minutes for June 13, 2018, adopted July 24
Toole — Pointed out that there is no guarantee that the condos will go only to local.
Feeley — They are committed to marketing to the year-round community.
Stockman — These condos could be flipped and end up completely out of reach for the people of Nantucket. The 20%
cap means almost $25M direct profit; feels a forensic accountant needs to review the plan to explain the other profits,
which she believes doesn't include that Cottage & Castle will provide the maintenance people. Feels it is unfair to say they
can't afford more affordable lots. The 40B laws allow an enormous loop hole a cash truck is being driven two.
M.B.Perry — Asked if the condos can be rented. Would like this conditioned that no units can be rented; we don't need a
larger transient community.
Quirk — Affordable units can't be rented except on a yearly basis to someone who qualifies for affordable housing.
S.Cabral — In regards to the 20% cap; they can't say there is a cost overrun because they are doing the building and will
pay themselves. In regards to what happened at Rugged Scott, they paid themselves too much.
Goss — This is 12 acres that she believes sold for $5M; there is no way they can lose money by selling each lot for what it's
worth in a LUG -2. A 40B is not going to happen because the community will go to the State; she doesn't think the State
will force us to have all our 40Bs within one block. She firmly believes the local concern outweighs the regional need.
Building this here is taking more from the community than this will provide.
Holland — There is no cap on the percentage of units that can be made affordable; there is a huge difference between 25%
and 100%.
Iverson — Asked how long it will take to meet Safe Harbor; feels it will never happen
Holland — It is a State requirement that 10% of a municipality's year-round housing stock be deemed affordable, which
means restricted to folks earning 80% or less of the median income. When we view these as a community, we have to
remember the community has not addressed the issue; so now we are subject to developments like this. If Ticcoma Green
had not been appealed, we would have reached Safe Harbor for this year. The State is not going to take a negative position
for a project for which a PEL letter has been issued. There is room for improvement for this project
S.Cabral — He agrees the community hasn't taken on the will for this; however, it is worth fighting and believes the
community has a case. We are going to fight this.
Toole — The next meeting discussion: late afternoon works better and he would like to maintain that for this project
There are statutory limitations on how long this process can last before an extension is required. Possible dates: July 5, July
18, and July 24. He will ask the Select Board for an outside consultant to perform a traffic study.
Jones — About 200 yards down the road there will be a new year-round preschool so that will create more traffic.
McCarthy — Confirmed that the Exploration Station is opening in the fall and the bus will stop at South Pasture Road; it is
operating as a summer camp right now.
Toole — Next meeting will be July 24 at 4:30 p.m. in the Community Room of 4 Fairgrounds Road. The intention will be
to have peer reviews and go over the waiver requests.
Botticelli — No garages are shown on the plan; therefore there will be no garages; parking is a big issue.
Motion Motion to Continue to July 24, 4:30 p.m. 4 Fairgrounds Road, Conference Room. (made by: Mondani) (seconded
by: McCarthy)
Vote Carried unanimously
OTHER11.
1. None
ADJOURNMENT111.
Adjourned at 7:18 p.m.
Submitted by:
Terry L. Norton
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