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HomeMy WebLinkAbout2018-8-28ZBA Minutes for August 28, 2018, adopted Oct. 3 ZONING BOARD OF APPEALS Public Hearing 2 Fairgrounds Road Nantucket, Massachusetts 02554 www nantucket-ma.gov Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseat. Alternates: Mark Poor Geoff Thayer Jim Mondani / MINUTES Tuesday, August 28, 2018 Public Safety Facility, Nantucket High School Auditorium — 4:30 p.m. n 0 Called to order at 4:40 p.m. and Announcements made. ss Staff in attendance: Eleanor Antonietti, Zoning Administrator; David Gray, Sewer Director; Mark Willett, DirectorWa>a comet' j Water Company N ` Attending Members: Toole, Botticelli, McCarthy, Koseatac, Thayer, Poor, Thayer, Mondani S Absent: O'Mara Town Representative: Ed Marchant, 40B Advisor; George Pucci, K&P Law, P.C.; Peer Reviewers: Daniel Sheahan, Weston and Sampson Engineers; John Chessia, Chessia Consultant Services, LLC; Robert Pickering, Haley and Ward, Inc. A ends ado ted bL2 unanimous consent APPROVAL1. 1. June 24, 2018: Motion to Approve. (made by: Botticelli) (seconded by: Koseatac) Carried unanimously Ms Antonietti read the June 24, 2018 minutes. 11. OLD 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, Botticelli, McCarthy, Koseatac, Mondani Alternates Poor, Thayer Documentation File with associated plans, photos, video presentation, and required documentation Representing Don Bracken, Bracken Engineering, Inc. Peter Freeman, Freeman & Freeman Law, P.C. Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP Jamie Feeley, Cottage & Castle, Proponent Public Paul Derensis, attorney for Nantucket Tipping point and 285 Island homeowners Matt Diserio, 16 North Liberty Street Jayne Briard, 2 Nichols Road Ron Bamber, 28 Washing Pond Road Chuck Davis, 53 South Shore Road Steven Leinbach, 52 Monomoy Road Jacquelin Edwards, 13 Fisher's Landing Road Meghan R. Perry, 14 South Shore Road Don Van Dyke, 74 North Beach Street, aka 8 Jefferson Avenue Cormac Collier, Executive Director Nantucket Land Council David Glowacki, Pine Crest Drive Diane Cabral, 8 South Shore Road Page 1 of 9 Public Discussion ZBA Minutes for August 28, 2018, adopted Oct 3 1 Jeff Booms, 14 Woodland Drive Sean Perry, 14 South Shore Road Hershel Allerhand, 47 Union Street John Flores, currently a Barnstable Councilman, former Island resident Ron Frank, summer resident Cliff Williams, 35 Marys Lane Andy Lowell, 4 New Lane Wendy Greenberg, Dukes Road Dave Iver on, 21 Meadowview Road an Metc f, 61 Hummock Pond Road David Weaver, 8 Coon Street Jacques Zimicki, 3 Wherowhero Lane Patrick Taaffe, 21 Okorwaw Drive Liz Schaeffer, 19 Chuck Hollow Road athy Morgan, Silver Street ack Weinhold, 11 South Shore Road erensis — The 285 homeowners have banded together because the scope, scale, and density of this project are acceptable. As it exists today, there are a number of valid and sustainable reasons to deny this project This project foes not have a sewer -wastewater solution. This project will exceed the Town Water -Withdrawal permit limit The Town eer review states the proposed Stormwater Plan as proposed does not comply with Department of Environmental rotection (DEP) requirements. The Internal Traffic Plan for the subdivision is flawed with inconsistencies. Nantucket is national 4sset because of its historic nature; it is a National Registered Landmark to which this project does not comply. e endangered species has not been determined. Asked for a show of hands how many oppose this project Asked for a how of hands in support of the plan; sees four hands. He looks forward to working with the ZBA to make sure they Jave enough information in the record to deny the project. oole — We are going to discuss the peer reviews starting with sewer. heahan -, We did the peer review on the wastewater plan. Did a preliminary review; currently the wastewater plan is not fully developed. Met with developers and explained the limitations of the Town collection system. There are three force mains. Thee is a 12 -inch force main in South Shore Road and the new Monomoy pump station will also go through that; that force main does not have capacity for their system. The other two are fed from the Sea Street Pump station; the 16 - inch one is off line due to structural integrity and will be solely used for emergency. 70% of the Island flow is now in the 20 -inch force main. There are two options for flow from the subdivision: build their own force main to the treatment lant or build a gravity line to the treatment plant. They are looking at those options. In 2014, the Town did an update to e Comprehensive Wastewater Management Plan (CWMP) and areas highlighted on map (on screen) are needs areas. Consultant that did that work estimated flows and came up with a capacity for the upgrade to the treatment plant that is -going. This project area, also shown on the map, is within the 2010 sewer district; however, the density is more than rmal zoning that would be so a lot more flow than normal zoning requirement. The Town has a mechanism in place ough fees paid by the developer to the Town for future upgrades. Currently the plant is under capacity. 11 erensis — Asked to confirm that right now, because of capacity limitation in the sewer lines, there is no capacity to d 1ver wastewater from this facility to the wastewater treatment plan. S icahan — No, there is no capacity in the current line but the developer is looking at putting in their own force main d wn South Shore Road. Once that is done, they have the capacity they need. erensis — Right now there is insufficient capacity as in the submitted plan, asked if that is correct S ieahan — Their existing plan didn't show wastewater go into the Town collection system; the plans show a pump s ation and a force main that says, "to the wastewater treatment plant", that that is currently under design. acken — The original plan indicated that the Force main would be constructed from the site to the sewer treatment p ant. He had meetings with Mr. David Gray and that is the current proposal. iserio — Asked what is the current peak capacity utilization at the Surfside Wastewater Treatment Plant (SWTP). S xeahan — Not 100% sure as to the exact number. Depends if you are looking at average versus peak flow. G ay — We are currently permitted for four (4) million gallons per day (GPD); currently we receive just under two (2) rr on GPD. The plant is designed for a peak maximum daily of 7.7 million GPD; yesterday we received only 1.6 million ons_ ondani — Asked if there is precedent for a developer to tie into the sewer. G ay — In the past, the developer would bring their proposal to the Town and we would work with them and if we need fees or financial obligation going forward. We did that with Sachem's Path. There are financial issues that come up which are different for every development. B'ard — Asked when the needs areas, not yet hooked up to the sewers, are hooked up, what capacity does that bring the tr atment plant without this development S eahan — Those areas shown as grayed out on the map are already included in the peak capacity of the plant. Page 2of9 ZBA Minutes for August 28, 2018, adopted Oct. 3 Bamber — All the sewer is going from the treatment plant to the dump and mixed into the compost there and dumped. The stink is so bad all down Eel Point Road. Right now, all that sludge from SWIT is being dumped every day; he has photos. Property values in that area are being dragged down just for another development. This can be reversed. Feels there should be a moratorium against further subdivisions. Next need a class-action lawsuit to stop people from ruining this island. The zoning keeps getting down -zoned. Feels this Island shouldn't have 40Bs on it; the people in Boston should be stopped. Submitted into the record a photo of the truck that takes sludge from `Sconset Treatment plant to the dump. Davis — Asked why the plant stinks if the plant can treat up to seven million GPD but is treating only two (2) million gallons per day right now. Leinbach — Asked who would be financially responsible for the force main the developers would put in once the developers are no longer involved, "Who will pay to maintain or repair if it breaks?" Bracken — The Town would take over the pump chamber; any sewer extensions in the public road which could be tied into by other residents is usually taken over by the Town. Asked Mr. Gray to confirm. Gray — Currently we have numerous private sewers and a lot of municipal sewers; we've had a few private sewers that ruptured or have sprung leaks on private sewers; the Town is not responsible for that sewage when that happens. After talking with Finance and Legal Counsel, most projects designed to our specification have agreements that the Town takes ownership and we accept maintenance for these lines. Sometimes there are financial obligations for the developers; it varies from project to project. Thayer — Asked if the tie-in fees and per -month flow billing make helps the sewer be self-sustaining. Gray — We are an enterprise fund funded by user fees; the water company does our billing through their water usage fees. Edwards — Asked why residents on sewer are told to turn off water when brushing teeth and not use semi-full washers. Gray — In January 2018 when the sewer force main ruptured, we asked for voluntary restrictions to reduce some of the flow as 80% of the Island flow was going through one pipe. People are still doing that even though we don't ask for it; it has made a difference. M.R.Perry — Asked what happens to the force main running under this property if it is disturbed and how it would be shut off. Gray — If it is disturbed, it will come out of the ground quickly. There are shut-off valves along its length. Perry — Asked how much flow would come until its shut down. Gray — That differs depending on the time of day. If we are on staff, we can respond within 30 minutes to shut the station down. Once the new pump station is on line, we can shut it down remotely. We run about 1000 gallons per minute so you're talking up to 60,000 gallons within an hour. Derensis — In the peer review it says the plant is being upgraded; asked if that capacity is being expanded and if that upgrade is the projected needs for the island separate from this project. Sheahan — Under the CWMP, it's being upgraded to the 7.7M gallons per day. Confirmed that those projected needs were done before this project surfaced. The CWMP included that parcel under its current zoning, not the proposed density, which is above the plan's capacity. Gray — The 7.7 M per day is the designed peak which might last one or two hours; we are designed for four million GPD. He has seen more than 12 million GPD flow into the plant due to stormwater; reiterated that on August 27 they pumped 1.6 million gallons in the day. Van Dyke — We have no idea right now what the lines can handle; it doesn't make a difference what the plant can handle if the lines can't. Wonders how a project of this capacity can be allowed without knowing if sewage can run smoothly through the lines. Gray — Currently the Town is under an Environmental Protection Agency (EPA) Administrative Consent Order (ACO) for some overflow that we had a few years ago; that ACO mandates a Capacity Management Operations and Maintenance (CMOM) program; this past winter we video reviewed the lines throughout the Island. Reviewed improvements and repairs being done as a result of that video program. Toole — Pointed out this discussion is not about the Island but just this project. Asked everyone to stay on point Collier — The ZBA will be acting as the board of sewer commission so the Island -wide issues are germane. It is his understanding that right now the plant is designed for all potential growth in the needs area under the zoning at the time the plan was done in 2014. So, there is capacity from this that was not in the preliminary design; also, tertiary dwellings have gone into effect since then, which the plant was not designed for. It is in the ZBA's best interest to understand that capacity. This proposal as explained by the consultant will add 48,000 GPD that could be used appropriately under existing zoning. Correia — Wants to know if the 16 -inch line will ever go back on line to be used at full capacity; one break this winter was on his property. He's on well water with about 400 feet of that line on his property; the people on the ground stated the line should not be used. Sheahan — The line was repaired and tested under pressure; currently it is now off to be used only for emergency. The Town is looking at building a new force main to replace the 16 -inch line. Delacourt — With the estimated of 750 building permits in the pipeline and the gross density that is proposed, asked how long it will take to reach the permitted four million GPD capacity. Page 3of9 ZBA Minutes for August 28, 2018, adopted Oct. 3 Sheahan — It depends on how quickly development occurs and how quickly the Town decides to install sewers in the needs areas are included attached to sewer; it's hard to give a time. In the CWMP the consultant estimated 25% of the properties to have a second dwelling on them at that time. Capacity is an Island -wide issue. D.Glowacki — Doesn't see how anyone can be allowed to go near that pipeline on that property; the downtown would flood if that burst regardless of how quickly it could be shut off. Asked the developers to withdraw the application and do something better; no one wants it. D.Cabral — We did have a catastrophic break; her concern is about this line and ending up with 30,000 gallons of sewage in an area where we all have well water. M.R.Perry — If the line is disturbed, is there a local repair company or does that come from off Island. Gray — We have capable contractors on Island, the question is whether or not they have the proper parts. He does believe ie showed that he prevented 4,000 homes from being flooded downtown. He will not allow that to happen as long as he s the sewer director. Booms — Asked, if the Town were to implement a small property tax and the Town Planner were to implement an affordable housing plan, would the State agree to a moratorium over the citizen implementation timeline. 14archan — The State has already promulgated incentive for communities to create Safe Harbor in regards to 40B. If a :ommunity has an approved housing production plan for qualifying housing equal V2 of 1%, for one year the Town can leny a 40B application with no right of appeal; if the community creates 1 %, they get two years. This is to get :ommumties to take an active role in creating affordable housing. The Town has taken an initiative and did a Request for 'roposal for a development that would have created Safe Harbor, unfortunately, a number of residents opposed and ppeal than Safe Harbor, therefore, didn't take effect. Richmond Development has at least 25% of their housing that will lualify toward Safe Harbor. He doesn't think Mr. Booms proposal would get State support. Perry — In reading the peer review, all three sewer lines are at capacity; they suggested two other options, another Force 4ain or a Gravity Main. If this is done, asked what will be done to mitigate impact to residents along South Shore Road nd which ption would the Sewer Department prefer to see. l;racken -We will investigate both options; the plan would be to put the Force Main in with the GravityMain installed i the future. We have agreed to share our information with the consultant and Mr. Gray to start the invtigation_ If the own wants to utilize that Force Main for others, that is possible. .Perry — Asked the expected gallons per day that would go down that pipeline. Bracken — An average of 43,000 GPD. llerhand Asked if the developer can appeal and win any decision being made here, as he understands what he has Bard. larchant A board can approve as submitted, deny the project if there is a clear and sustainable public health or safety sue, and lastly approve the project with conditions. An applicant has the right to appeal a decision to the Housing ppeal Commission in the event of a denial or if the applicant feels the conditions make the project uneconomic. esidents have an alternative appeal process as well. When he mentioned the 1% and `/2 of 1%, that is based on the unber of total year-round housing units; based upon the 2010 census, Nantucket has 4,896 year-round units so 50 ialified units would have given Nantucket two -years of Safe Harbor and 25 units would have provided one year of Safe arbor. Once an application is submitted, the test is if the community has met safe harbor on the date the application is bmitted. llerhand As he understands what is being said, something will go through regardless of what is decided unless a iblic heal issue can be proven. Suggested that if this goes through or the developer appeals the decision, everyone in is hall sho ald refuse to have anything to do with the project. icci — An approved permit that the developer found acceptable could be appealed to superior court. The chair has peer view reports; suggested directing questions relevant to the peer review while the experts are here and hold general blit comment for later. )ole — Agrees; asked that questions be directed to the consultant. ores — With 250 people here, feels they should have the opportunity to express themselves. He deals with 4OBs on a ;alar basis. This project is egregious and will change the face of the entire area for the next 100 years. What has ppened to this Island over the years is atrocious and the Island is losing its soul. The 40B laws of the State of tssachusetts need to change; when he is elected as a State representative, he will work to change that. :cci — That political statement is inappropriate for this forum. There will be time to accept public comments for and unst the project. Asked that questions tonight be directed at the experts. �Carthy — Asked Mr. Gray which option the sewer department would prefer, the Gravity or the Forced Main. ay — The Gravity Main. tnk — He's heard a lot about capacity but he also heard about a treatment smell issue; there are no measures for that. aren't talking about smell and if there is a way to get under that issue and understand where we're going. ay — Currently under an $8.8M upgrade; the headwork structure where all sewer enters will be enclosed and have its n odor -control system. Most odor complaints come with a southeast wind on a dense night from residents less than )0 feet away. Page 4 of 9 ZBA Minutes for August 28, 2018, adopted Oct. 3 C.Wilhams — Asked if there are any representatives from the State at the meeting. (None) Asked if there are easement requests to go down the side of the road. Bracken —The line would be within the existing right of way of the Town road. Toole — Asked if they have the right to go down the right of way. Pucci — It depends on how other applicants have been treated. The question is the local controls. The 40B process doesn't compel the Town to convey and interest in land. Toole — Asked Mr. Bracken to explain how they gain access to right of way. Bracken — We put together a design plan and sewer permit extension application for a permit providing all sewer maintenance and responsible parties on to be reviewed by Mr. Gray's office. It is typical that many sewer extensions in the past year have been done the same way. The Town requires we take into account people along the road to allow them to tie in, as is standard practice. South Shore Road is a public road. Mondani — Asked for confirmation as to whether or not there are any requests for waivers from sewer fees or regulations. Bracken — We're not asking for any technical waivers from sewer regulations. Cannot address the question of fees. Toole — Waiver was asked for in regard to the affordable units only. D.Glowacki — Asked if the easement for the proposed Force Main is on the road or edge of the road and how wide the easement would be. Asked if there is any threat to the already damaged pipe. Bracken — We will not be tying into existing lines within the easement. The easement is 30 feet wide. We will cross the existing pipes in two locations which will require proper protocol. Lowell — We expect three major infrastructure pieces to our life: sewer, water, and electricity. We've heard rumors that a third cable will be needed. Asked if there is a study that tells us how many building units can be handled by the existing two electrical cables. Pointed out that Sachem's Path is all electrical. Toole — Asked Mr. Bracken to summarize his position on the sewer as it relates to peer review. Bracken — The current plant capacity is sufficient to allow the projected flows from this site although the overall plan did not include this many units on this property. The sewer main would be designed according to regulations. Derensis — Asked Mr. Sheahan if the developer has submitted a proposal that can be evaluated at this time. Sheahan — Waiting for the Force Main and Pump Station design plans from the developer, they have not done so as of date. a gravity system. s thi this elli —Asked if the Force Main would be pursued considering Mr. Gray's request for Bracken — We'll look at both; the issue with the gravity system is the cost, which we would share. All we can do at this point is design what we know will work; in the beginning, we didn't have the information to look at all options. Botdcelh — Asked what future properties might end up using this future Force Main and the quality and quantity of units. Looking to understand the magnitude of future development. Sheahan — There is a Miacomet Needs Area near SWT? that needs to flow to the treatment plant; there are no pipelines for that right now. There are other properties along South Shore Road that want to tie in. That would have the potential of eliminating smaller pump stations along the way. There must be survey work and evaluation of each location to determine how big and deep the line would be and if it's feasible. McCarthy — Addressing Mr. Bracken's comment the until recently the Force Main was the only option he was aware of, the ZBA does not have to be the permit deciding board for all necessary permits. Other 40B developers have agreed to and have benefited from the specific permitting boards sit and weigh in on issues. It seems unfair for the developer to put the ZBA into the position as a permitting board over something that is not their area of expertise. In trying to make a decision that is best for this Island, we have to think about how it affects the entire island. Bracken — When we first investigated the sewer, we looked into tying into existing sewer lines. After the catastrophic failure, we were told we would have to go independent. The gravity line is cost prohibitive for this site even though it would benefit the entire Island. Freeman — To the ZBA sitting for the Sewer Commission, that happens with all 40B applications. We are requesting what is allowable. The Board of Sewer Commissioners have seen the application and peer review and can comment. We are not asking for waivers from technical advice. egarding sewer; the plan is not yet developed and will see something else Toole — We are not taking any more comments r soon. Gray — There has been no plan submitted to the Town so he has nothing to review. Greenberg — Anecdotally we had a private developer build at the end of the road and run a sewer line down the road; we were then told we had to hook up to that line. That line is not where the as-built plan said it should be; it actually runs on her property. The point everyone is making, the sewer system needs fixing; suggested everyone put the information together, DPW and Health Department, to make a health and safety argument against this development until all issues with sewer are resolved. Toole — Moving on to Chessia — He did the review of overall project relative to Town of Nantucket regulations, which mimic the State 40B regulations. Condominium parking does not provide turnaround room. Recommend the Fire Department and transportation consultant review access for their equipment. Pervious surfaces around pools tend to settle. In the Page 5 of 9 ZBA Minutes for August 28, 2018, adopted Oct. 3 subdivision, most roads have a 30 -foot layout where regulations require a 40 -foot layout from property lines, which should include pavement, curbing, sidewalk, and shoulders; utilities need to have room to fit in the shoulder so they don't interfere. The site plan should indicate both the house type and which are affordable. One lot has no frontage on the roadway and Fire Department should address that. Two roads are proposed coming off south Shore Road with a loop road at the end; roads A & B off south Shore Road and the loop road are off set. Some front yards are gravel with no indication of how much parking there is. The subdivision lots once sold, the question arises as to what the owner can then do to expand the site such as pools, sheds, and garages. Some trees are shown to be two feet from a building comer, that isn't realistic. Open space is shown as part of a lot. Existing site conditions was provided with the report; there should be a date and notes on the survey. Tabulation of proposed buildings is required to show the type and number of units and pervious/impervious coverage should be clarified. It appears the single-family portion restricts affordable houses to smaller dwellings with fewest bedrooms; there should be a better mix. Town regulations require the subdivision plan comply with definitive plan requirements; they requested no covenant or bond, which could leave residents and Town in 4 bind should this fail with partial occupation. It would be helpful to have a complete plan showing all the subdivision. Electric and landscaping as shown on the plan conflict The submittal should include 200 feet along South Shore Road on each side. Toole — Asked for highlights in regard to waivers and health and safety. The developer should provide any deficient formation. hessia — The first standard is untreated storm water runoff from impervious areas should run through a treatment area; ey meet the DEP standard. The second is Post -Development Peak Discharge Rates, which relates to flooding and pact to wedands and off-site properties; they did not provide enough information and need a pre -construction analysis. e third standard is Recharge to Groundwater, he disagrees with the infiltration calculations and more data is needed to emonstra a compliance. The fourth standard is 80% Total Suspended Solids CBS) Removal; the catch basins don't meet e DEP requirements; they do not meet the standard. The fifth standard is Higher Potential Pollutant Loads, which is or industrial areas. The sixth standard is Protection of Critical Areas; Zone 2 is a critical area requiring higher treatment tandards; ey don't comply. The seventh standard is for a redevelopment project, which this is not The eighth standard Erosion d Sediment Control; no data was provided. The ninth standard is an Operations and Maintenance Plan; that hould be rovided at this time even if it is in draft form. The tenth standard is No Illicit Discharge Statement; there houldn't b e on a new site but need the statement. oole — 71 Le road center line standard is 200 -foot centerline; asked for an explanation of that. hessia — Fhat refers to the radius of a circle indicated by an arching curve of the road; the plan shows a 50 -foot radius; 200 -foot radius would be much gentler. That is detailed in the subdivision requirements rules and regulations. oole — Explained that he ZBA did not receive Mr. Bracken's written response until before the meeting. It will be made ailable to the public. racken — He will be submitting a revised plan in response to Chessia's assessments as well as other issues. They are not asking for a waiver to the Roadway right-of-way width; they will widen to 40 feet and provide a shoulder. They will reduce a number of waiver requirements. He disagrees with Mr. Chessia; he believes the design they put in place is typical for antucket Zone 2; they submitted estimations for the sizing and specification of Stomiceptor Treatment Systems; we nerally get 50% to 70% credit for those units. The catch basins having too much drainage area would be included in the c culations the drainage areas would have to be recalculated to include roof areas. The infiltration capacity of the systems; Mr. Chessia referred to a DEP email; we can take credit for water that is leaving the sides of the system, not just tl Le bottom of the system; taking that credit is standard industry practice. Toole — Asked when the new plan would be ready. Freeman — They expect the revised plan to take approximately one month. Mondani — Of all the standards that apply, asked Mr. Bracken if they will comply with those standards. Bracken — He believes they will comply. He also believes they asked for the road right-of-way width waiver, if not it was accidently omitted. He believes the 50 -foot radius is appropriate because this is a low -speed area; they did do an ei aergency vehicle turning analysis. IN erson — Asked for the exact ground cover ratio being requested under the Permeable Surface Waiver. C essia — For LUG2, the ratio is 4% impervious; they are asking for 50%. IN erson — The soil absorbs the water so flooding shouldn't be an issue; but if there is 50% non -permeable surface, asked if that might create flooding issues. Chessia — It can unless the system is design properly, IN erson — Asked if the proposed storm water collection units need to be serviced; and if so who holds them to that Chessia — That would be part of the Operations and Maintenance Plan; what is proposed is catch basins, stormceptor ur its, and leeching pits. Who holds them to the maintenance depends on how the project ownership is dealt with. Iv rson — Asked the ZBA to look into a means to hold the developer to the maintenance of collection system; this is on to' of our Recharge District. T ole — Asked what is involved in servicing that type of drainage system and the effective life span of a system like this. Clessia — A vacuum unit to clean the units. The leeching pits might be able to be vacuumed or might have to be dug out e cloggingi, depends on how fine the particles area. As long as they are maintained, they will last more than 20 years. Page 6 of 9 ZBA Minutes for August 28, 2018, adopted Oct. 3 Derensis — Based upon the project as submitted for review, asked, "Is it true this project does not meet DEP Stormwater standards?" Chessia — It didn't meet some of the standards, as stated in his letter. Metcalf — Compared the road width to issues with travel along Amelia Drive when cars are parked on the road; asked how wide Amelia Drive is. Feels the lighting should not be left out of consideration. Asked how to look at the list of the waivers. Botticelli — Curb to curb, Amelia Drive is 23 feet Bracken — The road layout is the legal limit of Town ownership and allows room for sidewalks and utilities; in subdivisions, the actual road might be nine feet in. Amelia Drive layout is 40 feet. Metcalf — Everyone is parking on the sides of the road; feels there should be sufficient area for parking to keep clutter off the road. Botticelli — Asked Mr. Bracken what the paved width would be with a 40 -foot wide layout. Bracken — At least 22 feet; might look at one way with parking on one side only. There will be a reconfiguration of the parking for the condominiums. Weaver — Listening to thoughts around waivers and their description, the overall impression is a higher density and trying to squeeze more into the lot than current regulations require. His question is how common is to for waivers, that change the character of an area to such an extent, to be granted in toto. Chessia — For 40Bs, that is the nature of it; you will always have higher density for a 40B. S.Perry — Asked if the stormwater system is designed inefficiently, could that cause a health hazard in a Recharge District- Chessia istrictChessia — If there is a spill that isn't captured in the treatment unit and gets into the ground, that is a safety hazard; that is the reason for a higher level of pretreatment and shut off. The normal process is for the developer to redesign the plan to get it at least closer to compliance based upon issues detailed in the letters. Zimicki — The DEP regulations address land use resulting in more than 15 percent or 2500 SF impervious surfaces and potential degradation of ground water quality. He understands the stormceptors are brick and oil and the size particles are 5 to 100 microns; those particles have been implicated as carriers for heavy metal pollution. He's concerned about the degradation of Nantucket's ground water. the requirements for the TSS or Critical Area Protection; it Chessia — He doesn't believe they have complied with depends on what they come up with for an alternative. There are different systems that can be used; DEP lists the appropriate systems to be used in specific areas. Zimicki — Asked if any of the stormceptor removal rates are based upon real-world data or through lab testing. These systems seem to fail. Chessia — The submitted data was based upon the manufacturer's data; his recommendation is based upon a 2013 DEP report recommending 30% removal. Zimicki — Feels the way stormwater is handled is deficient for a sole -source aquifer, these systems and homeowners do not take out pollutants that wash off roofs, cars, and roads. Noted that there are a number of these systems in place an didn't even know they were there; they haven't been maintained and probably failed. The Town puts the onus on the homeowners. Taaffe — Sounds like peer reviewers turn up some deficiencies which would involve changes; it seems they would be coming back with a new project. Asked if it is possible for the developer to withdraw this application and resubmit a new project. Freeman — They are not withdrawing; the modification process is typical. Collier — Noted that the proposed stormwater system is pretty standards for an urban development of this type. Pointed out an abutting 100% 40B project left a very large amount of open area. If they design to an urban standard, they could meet those 10 DEP requirements. This is not an urban area and there should be more open space with open-swale drainage such as at the Public Safety Facility and Intermediate School. The hope is the applicant will improve the density by cutting out some single-family lots to be left as open space. Botticelli — She doesn't see why the ZBA would grant the waiver for the width of parking areas. Asked them to entertain parking on one side of the street with the paved area to be at least 30 feet. Bracken — They are getting rid of the waiver for the parking width. There should be 8 feet to accommodate on -street parking with 10 feet for each lane. Schaeffer — Tom Nevers East has wide roads that weren't meant to be driven over fast; cars drive quickly with a lot of foot traffic. Feels every development should accommodate all activities. Toole — Water capacity is next. Pickering — Looked at four areas of the water supply system: Physical Capacity, Permitting Capacity, Fire Protection System Capacity, and Construction Details. Haven't gotten everything they need to do a complete review of the Fire Protection System and Construction Details, which should be addressed in the proponent's next submittal. Estimated the water demand from the system, historical data over five years a dwelling used an average of 236 GPD, based on that, the project would add an average of 36,800 GPD; the peak day demand could be expected to reach 92,000 GPD. In conjunction with 16 other multi -unit residential development already approved, he estimates that there are almost 600 residential units coming on line in four to five years, which were included in his calculations; adding all together, the Page 7 of 9 ZBA Minutes for August 28, 2018, adopted Oct 3 projected',, averaged is 1.873 million GPD with the estimated Peak Day at 4.912 million GPD. The actual physical pumping capacity is 5.71 million GPD. It is apparent Wannacomet Water Company (WWC) has the capacity to provide the water, we are getting to a point where, as the peak demand increases, they will rely more and more on all the wells; it is good practice to keep one well in reserve. WWC is trying to identify additional sites for new wells. The Permitting Capacity currently allows and average of 1.68 million GPD, which has been the average over the last five years; in 2015 and 2016, they exceeded that. The 2017 demand dropped to 1.5 million GPD. WWC is operating at or above their current permit; they have applied for a new permit that is being held up by DEP. The new permit rate is 1.9 million GPD which would come into effect in 2021 and continue to rise every five years through 2031. Fire flow issues are testing issues and need the proponent to provide the fire flow needed based on type of construction and density; haven't seen anything in that regard. A plan with construction details, with pipes and hydrants, should be provided with the ZBA acting as the water commissioners. Derensis — If he understands, they took the average usage and applied it to this project. Asked if fire suppression sprinklers and irrigation were included in the calculation. Pickering — That is all part of the calculations. Sprinklers don't add to the demand; it is on standby. Derensis If there is a fire and the suppression sprinklers go off, that water isn't part of the calculation of average use. Asked about irrigation and if the developer provided any information on irrigation. Pickering — That fire suppression isn't part of the average calculation is a fair statement He got not information about gation in this development; however, irrigation is included using an average for 5000 connections; it isn't exact but brings us tD a point of impact comparison. Derensis Confirmed that while WWC has filed for a new permit, DEP will not take steps against any exceedances. Asked if il is a fair statement that there is no guarantee that the permit will be granted as requested or when it will be anted. ickering — It is fair for him to say that he's not involved in that permitting process; the permit is being held up for DEP o come up with mitigation measures to be included in the permit. erensis Asked how Mr. Pickering can advise the Town and the ZBA to count on the permit as if it were already ssued. Suggested it would be better practice to find out what DEP finally decides to do and what they finally issue before e Town acts dependent upon a State agency that has not acted for three years. Also, shouldn't the WWC be able to eet the needs of its rate payers if its major single well failed. ickering - That would be good advice. The WWC should be able to meet rate payer needs; that's what we try to look or. If the largest well went out of service, that would be 4.34 million GPD, which is less thinthe single -day peak, which E enerally in August; the average peak day in August is 4.35 million GPD. With the largest well out of service, the supply ould meet the demand. erensis — If the main well had to be shut down for an extended period of time, does WWC safely meet the capacity to 'et the demand with this project. ickering -� You include available storage, yes, they do; eventually the reserve tanks would drain down. If the largest well ere down forever, that is a problem but that is why WWC is identifying new sources. Willett — The DEP is working on a mitigation piece for the Cape and Island; they understand we all have a huge uctuation in population in the summer. There are no guarantees on the 1.9; they've come out with preliminary numbers d working on every piece of land locked up in the Zone 2. We have plenty of water, it's mechanically getting it out of e aquifer and following their numbers. It is taking a long time because DEP has never done this before and what they for us will be State wide. oole — Asked if there is or is not capacity at this time. illett — We are at capacity using the 1.6 and we have permission to go 1% to 3% over, eventually they have to give us a n w numbe . DEP has copies of all the proposed subdivisions; they know what those numbers will be. They also know antucket7population is growing faster than the rest of the Cape and Islands. Pickering -+ It isn't guaranteed, but he's seen other towns that are doing everything the State asks, they were allowed to roll up to the next threshold which wasn't projected for another three or four years. They are willing to work with Nantucket if you are doing everything you should. V `illett — If our demand starts to exceed the new permit, if we can prove we are doing everything to conserve water, DEP would roll out the next number; they don't have to. In June through September, water use is over 600million for a total season; winter we are under 1 million gallons. T Dole — Asked about the criteria for a new well. Willett — Wells have to meet specifications such as separation from other wells; it would be an addition that will be needed if demands continue to rise as they have. We've replaced all the old wells and upgrade wherever possible; could potentially increase the mechanical aspect of pumping. Derensis — "Probably" and "no guarantee" have been used. This development has to be able to count the demand; questions approving a development that will be here for decades based on `probable' and `no guarantee.' Willett — With the Commonwealth having ownership of the resource and continued growth, we will get to the point where a hook-up to water will have to be denied. McCarthy — Asked how that process works. Page 8of9 ZBA Minutes for August 28, 2018, adopted Oct. 3 Willett — Water and sewer has never been involved in this process; the larger subdivisions were approved before water and sewer were spoken too. We were brought in early on this project. McCarthy — She's hung up on the current permit allowing 1.68 million GPD and the calculations are 1.717 million GPD with the addition of this development bringing us over the permit without the other new residential permits issued each year. She would like to see something from the State confirming Mr. Willett's assertion that this amount of water usage would be allowed. Derensis — The fact that DEP is being forgiving right now doesn't mean they will continue to be. Stated the ZBA should go with the law as it exists now, which is 1.68 million GPD. Willett — The DEP leaves it up to WWC to ration water use to meet the permit number. The 1.9 million GPD is based upon the 2010 population numbers; new data established this summer is now in the hands of the DEP. McCarthy — She's uncomfortable with exceeding the State permit and getting closer to where the State says `no' and facing rationing. She would hate for the Town to be caught with those consequences. Willett — He will get a more definitive answer from DEP for the next meeting. Derensis — The mitigation program has not actually been approved anywhere in Massachusetts. Freeman — We will continue to work with WWC and the peer consultant. They don't see anything that is an obstacle. We have to be treated similarly to other projects and sees no impediment to the ZBA granting approval. Any impediments are at the State level. Bracken — Stated there are plans to put irrigation wells on the site. Toole — Irrigation wells would not count against the flow from WWC. Iverson — Asked if the estimated water usage is reflective of the Richmond Development apartments and how many houses were included in the 16 subdivisions. Willett — He hasn't looked at the Richmond Development Meadows 1 usage; he can supply those numbers. The total units for the 16 subdivision is 595; recently with the Old South Road project, some single dwellings were bumped to duplex increasing units to 30. If we can't supply Surfside Crossing with Town water, they can install their own public well to supply water; they would have to follow the same rules as WWC. McCarthy — She would like to see the water -usage numbers for other large multi -residential units. Morgan — Asked if there is a guarantee that after putting in all this infrastructure that these places will go to Nantucket residents. Asked if Nantucket will reach a point where it cannot sustain its current residents. Marchant — The State housing authority does allow a ZBA to request a local person be established for 70% of the affordable units; one category is resident or employee of the town. Hanley — With this type of subdivision, the developer sets up a homeowner's association with rules and regulations that ensure the subdivision continues to comply with the comprehensive permit. If someone is buying a house in a subdivision, I would want to know my investment is protected going forward. Ensuring compliance is an enforcement ability of the Town and the homeowner's association. Freeman — Asked for the next hearing date to be set; some members of his team have to catch the last ferry. Collier — Asked if the public will see revised plans for the next hearing. Toole — Ideally, we would see a new plan; we'll hope the plans are ready in time for everyone to review them. Feeley — It is our hope to have plans submitted prior to the next meeting; been working on a conceptual version and can now apply information toward that effort. Weinhold — Asked if that puts us another 30 days forward on the clock. Toole — Currently, we aren't butting up against any deadlines. It is legitimate to ask for another extension when necessary. Review of available dates and discussion about next meeting date. Toole — The Traffic and Environmental Study the Town is doing will be ready September 28. Derensis — Asked that a couple of hours be set aside to allow everyone to address this project; there are a lot of subjects that were not on tonight's agenda. Discussion about the availability of the Traffic Safety Study and what date it will be based upon. Motion Motion to Continue to October 3, 2018 at 4:30 p.m. at Nantucket High School. (made by: Botticelli) (seconded by: McCarthy) Vote Carried unanimously Bamber — Asked that before the next meeting, information regarding every buildable lot with Town water and sewer that could be developed prior to this be collected. They are putting in 156 units with only 49 affordable units; this is risky, especially in the aquifer. 1. None • ' Motion to Adjourn at 8:45 p.m. (made by: McCarthy) (seconded by: Kerim) Carried Submitted by: Terry L. Norton Page 9 of 9