HomeMy WebLinkAbout30-19 Miacomet VillageCLE. f
2019 OCT 24 PM 3: 44.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $450.00 File No.
Owner's name(s): Nantucket Housing Authority
Mailing address: 3 Manta Drive, Nantucket, MA 02554
Phone Number. 508-228-0296 E -Mail:
admin@nantuckethousingauthority.org
Applicant's name(s): Habitat For Humanity Nantucket, Inc.
Mailing Address: 35 Old South Road, Nantucket, MA 02554
Phone Number. 508-325-8912 E -Mail: John@gliddenandglidden.com
Locus Address: Miacomet Village Assessor's Map/Parcel: 67 / 515
Land Court /Plan Book & Page/Plan o.: Lot 17, Plan 44-Y
Deed Reference iGet-ci fie to o`' it4e: Book 233, Page 26
Zoning District: LUG -2
Uses on Lot- Commercial: No Yes (describe)
Residential: Number of dwellings: 0 Duplex Apartments
Date of Structure(s):
Building Permit Numbers:
Previous Zoning Board Application Numbers:
025-86
0&46 OW -0
030-94
110-93
017-97
State below or attach a separate addendum of specific special permits or variance relief
applying for:
See attached Addendum A
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains qnd penalties of perjury.
SIGNA
C Kv�+t �r Pty Owner*
SIGNATURE:
Applieartt/Attorney/Agenfl
*If an Attorney or other Agent is representing the Owner or the Applicant, please provide
a signed proof of agency.
OFFICE USE ONLY
Application received on:—/—/— By: Complete: Need Copies:
Filed with Town Clerk:—/—/— Planning Board:_/_/_ Building Dept:—/—/— By:
Fee deposited with Town Treasurer:_/J_ By:_ Waiver requested:
Granted:_/_/_ Hearing notice posted with Town Clerk:—/—/_ Mailed:--/—/—
Hearing(s) held on:_/_/_ Opened on
Continued to:—/—/_ Withdrawn:_/_/_ Decision Due By:_/_/_
Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_
Addendum A
The Owner, Nantucket Housing Authority ("NHA"), is the record title holder to the
property shown as Lot 17 on Plan 44-Y by virtue of a deed recorded in Book 233, Page
26 at the Nantucket Registry of Deeds.
The Locus is part of what is known as the "Miacomet Village" 40B, which was approved
in Zoning Board of Appeals Decision Nos. 025-86, 050-86, 030-94, 110-93, and 17-97
(the "Comprehensive Permits"). Said Zoning Board of Appeal Decisions approved the
development of the surrounding properties along Miacomet Road and Benjamin Drive.
The Locus, which is referred to as "Lot 17" on said plans is approximately 38,356 sf and
contains two structures for storage/maintenance. Per Paragraph 5(e) in Decision No. 030-
94 (said decision recorded in Book 449, Page 334), "The areas shown as #17 will not
contain any dwellings, but may have no more than two maintenance/storage garages;"...
The NHA has entered into an agreement with Habitat for Humanity Nantucket, Inc.
("Habitat") for Habitat to apply to the Zoning Board of Appeals to modify the
Comprehensive Permits to allow Lot 17 to contain dwellings and be further subdivided as
shown on the enclosed plans. Such a modification is, in Habitat's estimation, a
substantial modification of the existing Comprehensive Permits. However, the
understanding between NHA and Habitat is any transfer of ownership of a portion of said
Lot 17 is expressly contingent upon a satisfactory outcome, in the NHA's sole opinion, of
the Zoning Board of Appeals process. Upon any decision rendered by the Zoning Board
of Appeals, the NHA and Habitat shall review the terms of the conditions of said decision
and, if acceptable to the NHA, the NHA may deed any such portions of Lot 17 to Habitat.
Accordingly, Habitat is requesting the following in order for Lot 17 to be subdivided into
three (3) lots (two containing dwelling units; one not having any dwelling units) as shown
on the attached plans. Concept Lot 1 will continue to not have any dwellings and will
contain the two existing outbuildings; Concept Lot 2 will contain a single-family
dwelling or a duplex which will then be converted to a condominium form of ownership
to be conveyed to two (2) families; and Concept Lot 3 will contain a single-family
dwelling to be conveyed to an eligible family in fee simple ownership. Concept Lots 2
and 3 shall abide by the proposed Homeowner's Association declaration of restrictions
which is enclosed in this application as well.
Said single-family dwelling will contain two (2) bedrooms. As shown on the attached
site plans, the structures will otherwise conform to the intensity regulations of the R-10
zoning district.
The existing shed on #7 Benjamin Drive and concept lot 2 will be moved so it is entirely
on the #7 Benjamin Drive property.
In order to effectuate such a modification, the Applicant hereby requests the following:
Waivers:
1. Modify the existing Comprehensive Permits so as to remove the condition that
Lot 17 will not contain any dwellings.
2. To the extent necessary, modify the existing Comprehensive Permits so as to
allow Lot 17 to be divided into Concept Lots 1-3 as shown on the attached plan.
3. To the extent necessary, Applicant requests a waiver of the uses as shown in
Section 139-7.A. to allow for a duplex use in LUG -2 zoning.
4. To the extent necessary, Applicant requests relief from Section 139-16 (intensity
regulations) to create concept lots 1-3 as shown on the attached plan. Said lots
would conform with the R-10 intensity regulations of setbacks and ground cover,
however, only concept Lot 1 would have legal frontage. Concept Lots 2-4 will
have access via easements from 7 Benjamin Drive. A draft of said easements is
enclosed in this application.
5. Applicant is requesting relief from 139-20.1 in order to allow for two curb cuts on
7 Benjamin Drive so 7 Benjamin drive will have their own access and a portion of
the shared driveway to access Concept Lots 2-3 will be on a portion of 7
Benjamin Drive as well.
6. To the extent necessary, Applicant is requesting relief from the Rules and
Regulations of the Nantucket Planning Board and the Subdivision Control Law,
Selection Process:
Enclosed in the application is a Pro -Form of Habitat's selection process.
HDC Plans:
Enclosed are plans from the homes that Habitat constructed at Sachem's Path. The
intention is to use these same plans for the single-family dwellings.
Utilities
The intention is to connect to the existing utilities in Benjamin Drive via the utility/access
easement across 7 Benjamin Drive and Concept Lot 1.
A copy of said draft easements are enclosed in this application.
Landscaping:
The intention is to maintain the existing landscaping as much as possible. Enclosed are
photographs showing the site and the mature, existing trees.
Conclusion:
The requested relief to modify the existing Comprehensive Permit rises to the level of a
substantial modification and the request to add two lots with dwelling units is consistent
with local needs. Habitat reserves the right to supplement this application with other
materials as may be necessary.
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Property Information
l
Property ID 67 515
Location MIACOMET VILLAGE
Owner NANTUCKET HOUSING AUTHORITY
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no claims and no
warranties, expressed or implied, concerning the validity or
accuracy of the GIS data presented on this map.
Geometry updated 11/13/2018
Data updated 11119/2018
Town of Nantucket
Zoning Board of Appeals
ep19OD
00l-itl SSFss�'9S
tigtir�c Nom
� , 4f4
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTYOWNER......................................................................
MAILINGADDRESS......................................................................
PROPERTY LOCATION......' : !. Y� �...V..lL!!� C'J� ..............
ASSESSOR MAP/PARCEL......... �/.7 ��� 5� .............................. .
APPLICANT................... .....SC:....�L:....................................
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, all as they appear on the most recent applicable
tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A
Section 139-2
10--11-1q-
DATE
ASSESSOR'S OFFICE
Town of Nantucket
NANTUCKET HOUSING AUTHORITY NANTUCKET TOWN OF NANTUCKET ISLANDS LAND BANK
3 MANTA DR 16 BROAD STREET 22 BROAD ST
NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554
NANTUCKET HOUSING AUTHORITY NANTUCKET HOUSING AUTHORITY NHA PROPERTIES INC
3 MANTA DR 3 MANTA DR PO BOX 3149
NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02584
NANTUCKET HOUSING AUTHORITY NHA PROPERTIES INC NHA PROPERTIES INC
3 MANTA DR PO BOX 3149 PO BOX 3149
NANTUCKET, MA 02554 NANTUCKET, MA 02584 NANTUCKET, MA 02584
NHA PROPERTIES INC NANTUCKET HOUSING AUTHORITY NHA PROPERTIES INC
PO BOX 3149 3 MANTA DR PO BOX 3149
NANTUCKET, MA 02584 NANTUCKET, MA 02554 NANTUCKET, MA 02584
NHA PROPERTIES INC NHA PROPERTIES INC NHA PROPERTIES INC
PO BOX 3149 PO BOX 3149 PO BOX 3149
NANTUCKET, MA 02584 NANTUCKET, MA 02584 NANTUCKET, MA 02584
BERGMAN MARY BYRNE GRAZIADEI JASON W & ALICIA E GRAY DAVID R
15 NANINA DRIVE 22 NANINA DR 8 AMELIA DRIVE
NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554
THEALL DAYTON H REZENDES SUSAN M & DAVID ALEKSIEV SVETLOMIR
PO BOX 75 19 NANINA DR 21 NANINA DR
NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554
ANDERSON ERIC C & AUDREY E NANTUCKET HOUSING AUTHORITY BOUCHER TRACY & PAUL
PO BOX 2206 3 MANTA DR C/O HABITAT FOR HUMANITY
NANTUCKET, MA 02584 NANTUCKET, MA 02554 NANTUCKET
PO BOX 1022
NANTUCKET, MA 02554
BOIS SARAH T & CARL P JR DUNCAN SHAWN G WELCH RAMON R
3 WAPPOSSETT Cl 5 WAPPOSSETT CIRCLE 6 WAPPOSSETT CIRCLE
NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554
BONTEMPI NICHOLAS J YULDASHEV SHERZOD ETAL SAVOVA TSVETENIN H & YORDANKA
11 WAPPOSSETT CIRCLE 13 WAPPOSSETT CIRCLE 10 WAPPOSSETT CIRCLE
NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554
OVIEDO LUIS & MARIELA GAUVIN JESSE R & AHERN PETER MCCOY JAMIE L
12 WAPPOSSETT CIRCLE 17 WAPPPOSSETT CIRCLE 14 WAPPOSSETT CIRCLE
NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554
IVANOV VARBAN
16 NANINA DR
NANTUCKET. MA 02554
HERRICK TYLER W ETAL TR
SACHEMS PATH HOMEOWNERS ASSC
TRUST
PO BOX 2131
NANTUCKET, MA 02554
HERRICK TYLER W ETAL TR
SACHEMS PATH HOMEOWNERS ASSC
TRUST
PO BOX 2131
NANTUCKET, MA 02554
HERRICK TYLER W & ALYSON J
18 NANINA DR
NANTUCKET, MA 02554
HERRICK TYLER W ETAL TR
SACHEMS PATH HOMEOWNERS ASSC
TRUST
PO BOX 2131
NANTUCKET. MA 02554
NANTUCKET TOWN OF
16 BROAD ST
NANTUCKET, MA 02554
HERRICK TYLER W ETAL TR
SACHEMS PATH HOMEOWNERS ASSC
TRUST
PO BOX 2131
NANTUCKET, MA 02554
HERRICK TYLER W ETAL TR
SACHEMS PATH HOMEOWNERS ASSC
TRUST
PO BOX 2131
NANTUCKET, MA 02554
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PROPOSED EASEMENTS
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
COMMON DRIVEWAY, ACCESS AND UTILITY EASEMENT AND AGREEMENT
AGREEMENT made this day of , 2019 by and between Nantucket
Housing Authority, a public body politic and corporate, pursuant to M.G.L. Chapter 121B of
3 Manta Drive, Nantucket, MA 02554 (hereinafter "Housing Authority"), being the owner of
land shown as Lot on Plan filed with Nantucket Registry of Deeds as Plan No.
, by virtue of a deed recorded in Book 233, Page 26 at the Nantucket Registry of
Deeds and Habitat for Humanity Nantucket, Inc. c/o Swain's Travel, 35 Old South Road,
Nantucket, MA 02554, (hereinafter "Habitat"), being the owners of Lots
Plan filed with Nantucket Registry of Deeds as Plan No. by virtue of Deed
recorded in Book , Page at said Registry.
on
WHEREAS the parties own adjacent properties and access to Habitat's property will
cross over the Housing Authority land and ;
WHEREAS, the utilities serving the Habitat lots will cross over the NHA lot in a
location shown as " " on the attached Exhibit A; and,
WHEREAS Housing Authority wishes to grant Habitat and to their successors and
assigns with Quitclaim Covenants the perpetual right and easement to a driveway and access
as shown on the attached Exhibit A.
NOW THEREFORE in consideration of the mutual covenants herein contained, it is
agreed as follows:
Housing Authority wishes to grant Habitat a foot driveway and access
easement as shown on the Exhibit "A".
2. NHA wishes to grant Habitat a foot utility easement as shown on the
attached Exhibit A.
The driveway, as shown on the attached plan shall be solely maintained and
utilized by Habitat and its successors, heirs, and assigns;
4. Habitat shall have the right to use such driveway for all purposes for which
driveways are customarily used in the Town and County of Nantucket, but shall not include
the right to park in the easement area.
Housing Authority shall allow Habitat to enter upon the property at reasonable
times, to perform any and all work in a workmanlike manner and to maintain use of said
easement in a hazardless condition and to hold and save the other harmless and defend against
and from any and all costs and claims arising out of each lot owner's respective use of the
easement.
6. This agreement shall be recorded at the Nantucket Registry of deeds and,
unless further modified by the Parties, shall be binding upon the Parties, their heirs,
successors and assigns.
7. This easement shall run with the respective properties and be binding upon and
inure to the benefit of the parties hereto together with their heirs, successors and assigns.
SIGNATURE PAGE TO FOLLOW
IN WITNESS WHEREOF the parties have hereunto set their hands and seals this day
of .2019
Habitat for Humanity Nantucket, Inc.
By: Gerry Keneally, President
Nantucket Housing Authority
By: John Renwick MA, Treasurer
By: By:
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On this day of , 20_____, before me, the undersigned notary public, personally appeared
(a) personally known to me, or (b) proved to me through
satisfactory evidence of identification, which was (type of
identification), to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
Official Signature and Seal of Notary Public
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On this day of , 20 , before me, the undersigned notary public, personally appeared
, (a) personally known to me, or (b) proved to me through
satisfactory evidence of identification, which was (type of
identification), to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
Official Signature and Seal of Notary Public
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
COMMON DRIVEWAY ACCESS AND UTILITY EASEMENT AND AGREEMENT
AGREEMENT made this _ day of , 2019 by and between NHA
Properties, Inc., a Massachusetts Corporation, Manta Drive, Nantucket, MA 02554
(hereinafter "NHA"), being the owner of land shown as Lot 8 on Plan File No. 44-Y, by virtue
of a deed recorded in Book 455, Page 27 at the Nantucket Registry of Deeds and Habitat for
Humanity Nantucket, Inc. c/o Swain's Travel, 35 Old South Road, Nantucket, MA 02554,
(hereinafter "Habitat"), being the owners of Lots on Plan filed with Nantucket
Registry of Deeds as Plan No. by virtue of Deed recorded in Book , Page
at said Registry.
WHEREAS the parties own adjacent properties and access to Habitat's property will
cross over the NHA land; and,
WHEREAS, the utilities serving the Habitat lots will cross over the NHA lot in a
location shown as " " on the attached Exhibit A; and,
WHEREAS NHA wishes to grant Habitat and to their successors and assigns with
Quitclaim Covenants the perpetual right and easement to a driveway and access as shown on
the attached Exhibit A, as well as the right to install, maintain, and replace underground sewer
pipes, electric and cable wires, and water pipes within said easement area.
NOW THEREFORE in consideration of the mutual covenants herein contained, it is
agreed as follows:
NHA wishes to grant Habitat a 14' exclusive driveway and access easement as
shown on the Exhibit "A".
2. NHA wishes to grant Habitat a foot utility easement as shown on the
attached Exhibit A.
3. The driveway, as shown on the attached plan shall be solely maintained and
utilized by Habitat and its successors, heirs, and assigns;
4. Habitat shall have the right to use such driveway for all purposes for which
driveways are customarily used in the Town and County of Nantucket, but shall not include
the right to park in the easement area.
NHA shall allow Habitat to enter upon the property at reasonable times, to
perform any and all work in a workmanlike manner and to maintain use of said easements in a
hazardless condition and to hold and save the other harmless and defend against and from any
and all costs and claims arising out of each lot owner's respective use of the easement.
6. This agreement shall be recorded at the Nantucket Registry of deeds and,
unless further modified by the Parties, shall be binding upon the Parties, their heirs,
successors and assigns.
7. This easement shall run with the respective properties and be binding upon and
inure to the benefit of the parties hereto together with their heirs, successors and assigns.
SIGNATURE PAGE TO FOLLOW
IN WITNESS WHEREOF the parties have hereunto set their hands and seals this day
of
2019
Habitat for Humanity Nantucket, Inc.
By: Gerry Keneally, President
NHA Properties, Inc.
By: Jennifer Cohen, President
County of Nantucket, ss
By: John Renwick MA, Treasurer
By: Paul Wolf, Jr., Treasurer
COMMONWEALTH OF MASSACHUSETTS
On this day of , 20 , before me, the undersigned notary public, personally appeared
'(a) personally known to me, or (b) proved to me through
satisfactory evidence of identification, which was (type of
identification), to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
Official Signature and Seal of Notary Public
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On this day of , 20 , before me, the undersigned notary public, personally appeared
, (a) personally known to me, or (b) proved to me through
satisfactory evidence of identification, which was (type of
identification), to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
Official Signature and Seal of Notary Public
My commission expires:
HABITAT'S MISSION STATEMENT
Who we are: Habitat for Humanity Nantucket, Inc. builds affordable homes on Nantucket for
ownership, not rental. We serve the 50-80% of Average Median Income (AMI) segment. Since
2001, Habitat Nantucket has constructed eleven homes on Nantucket. All eleven properties are
owned and occupied by their original owners.
What we do: Habitat Nantucket builds affordable homes for ownership, and through the
process of ownership and associated family support programs, Habitat seeks to build self-
esteem, pride and confidence of the Habitat family while involving the community -at -large.
Habitat Nantucket helps lower-income families exit the cycle of poverty and dependency in two
ways. First, by reducing their cost of housing by helping each family own their own home with a
zero interest rate mortgage. Through the dynamic of homeownership, families are enabled —
they are no longer simply the tenants, but have a stake in their home — providing them (and
perhaps more importantly, the next generation) the opportunity to break out of the dependency
on affordable housing. Second, by building on the pride of ownership and supporting each
family's transition from rental to ownership. Nantucket's workforce is dependent on stable, year-
round housing, and Habitat is working to relieve this problem, one family at a time.
Who we service: Habitat Nantucket is the only entity on Nantucket serving the 50-80% of
Nantucket County Area Median Income (AMI). Our lotteries have consistently resulted in 20-25
applicants for each of our last three houses. Providing just one family with stable housing may
not seem like much, but it provides stability for the children, active community members, and a
stable year-round workforce.
Completed Homes:
Our first Habitat home, located at 4 Norquarta Drive, was completed in March 2004 for $85,000
with much donated labor and materials. Our second home is a duplex on 3 Saratoga Lane; each
unit has three bedrooms and two baths. Two families moved into their new homes in January of
2007. The duplex cost $360,000 to complete. The higher cost was due to less donated labor
and materials and a difficult site on which to build. Our 4th project at 46 Okorwaw is a LEEDS
Silver certified, three-bedroom, two -bath home that was completed in November of 2010. The
cost of the project was about $260,000. Our 5th Habitat home is located at 5 Pochick. This one -
bedroom house was given to us by the Nantucket Land Bank. We moved it from Tennessee
Ave. in Madaket and significantly modified it. This home cost $252,000 to move and renovate.
Our 6th home was completed in November 2014 at 5A Pochick (about 143 Surfside Road, one
block in). This 3 BR, 2 bath home cost about $335,000.Our first six homes have been built on
Town of Nantucket land; the Nantucket Housing Authority provides a 99 year, $1/year lease;
we, in turn, sub -lease the land to the homeowner. In August of 2016 we closed on our 7th
house, a 3 bedroom 2 bath house, on a lot provided by the Selectmen at 20 Ticcoma Way;
unlike previous Town provided lots this one will be owned, not leased. The mortgage on this
home will be about $344,000. In February, 2017, we closed on our 8th house in Sachem's Path,
which was developed by the Housing Assistance Corp. of Cape Cod in conjunction with the
Nantucket Housing Authority. Habitat was allocated 3 lots in Sachem's Path for families whose
incomes are 80% of median income or below. These Sachem'sPath lots will also be deeded to
Habitat Nantucket. Our 7 Wampossett Circle, 2 BR home cost $310,000. Our 9th home, also
located in Sachem's Path at #2 Nanina Drive, closed in May of 2018 with a 2 BR home and cost
$307,000. In August of 2018, we closed our 10th house, also in Sachem's Path at #4 Nanina
Drive. This 2 BR home cost $308,000. After Sachem's Path, we have returned to the Ticcoma
Way area where we will build a house, again on Townland, on a road now under construction
behind 20 Ticcoma Way at 3 Waitt Drive. The two-bedroom home is complete and we will be
closing in the next few weeks.
Our Mission: Habitat Nantucket was founded in 2001. We build hope for families, our
community, and future generations. In creative partnership with people in need and the
Nantucket community, we build and renovate homes for ownership. We make a positive
difference in our world by creating opportunities for volunteers and family members to work
together to secure our shared future.
Family Selection Process:
Steps in the homeowner selection process
1. Preparation for homeowner selection.
2. Outreach to potential homeowners.
3. Application processing.
4. Selecting the prospective homeowner.
5. Communicating the decision.
6. Pre-closing final underwriting process.
7. Loan closing.
Habitat begins its family selection process by advertising open application enrollment in the
Inquirer and Mirror, as well as on social media and our website. Habitat reaches out to all
interested candidates on our email list and waitlist from prior lotteries. After 60 days, application
enrollment is closed. At this time, applications are screened. Habitat families chosen for
homeownership must meet established standards to be included in the selection pool. Habitat
owner candidates must have been living and working on -island for one year and have a level of
income between 50% and 80% of the median income (AMI) for Nantucket County. We also
perform background checks and a home site visit. The families must demonstrate a need for
adequate housing. In this stage, Habitat also verifies income and the potential homeowners'
ability to pay a Habitat zero -interest mortgage. Families must be willing to partner with Habitat
Nantucket and each family must sign a contract committing them to 350 hours of "sweat equity"
in the construction of their home, a process designed to assure they are truly invested in the
project. All families that make it through the application and screening process are entered into
the next round of the selection process: the lottery. This lottery takes place at a Habitat Board
meeting where all names are entered into a hat and then selected randomly. The board
members select three names, creating a waiting list if the selected homeowner cannot proceed.
The chosen family is notified and begins contributing "sweat equity" to their home or other
Habitat homes. The chosen family is required to pay off a non-interest bearing mortgage with a
30 -year maturity, "banked" by Habitat, and to escrow monthly payments for insurance and
taxes. When the home is subsequently sold, proceeds from the sale are used to retire the
mortgage balance with Habitat, and the residual is paid to the Habitat homeowner, in effect
returning the equity to the homeowner. Because the property is deed restricted, it can only be
transferred to another 50%-80% AMI affordable housing qualified homeowner, thereby assuring
that it will remain part of Nantucket's affordable housing stock in perpetuity.
SHI List Applications:
Our current family selection process, provided and vetted by Habitat International, does not
align with the Department of Housing and Community Development's (DHCD) guidelines for
Subsidized Housing Inventory (SHI) eligible units. Habitat Nantucket performed it's housing
selection process and put two families on a waitlist in 2017. These families have been
contributing to the construction of other Habitat homes since 2017 and have been brand
ambassadors for Habitat Nantucket. We had hoped to build these two families their Habitat
homes on Waitt Drive, but the Town has created a policy that only SHI-eligible units can be
provided with Townland. Habitat Nantucket quickly researched and engaged the staff at the
DHCD to determine how Habitat could comply with their regulations. Habitat Nantucket spent 18
months applying and reapplying for SHI status on our 11 homes. Specifically, we aimed to get
our 11th home at 3 Waitt Drive on the SHI list. There were three constraints in our application,
and of those, two we could not address with the process Habitat took. First, our pricing model,
based on Habitat International's standard, were priced higher than the DHCD model. We were
able to adjust and will use a modified pricing model that keeps Habitat compliant with Habitat
International and the DHCD. Second, we must advertise a new home for 60 days with a diverse
marketing approach. In the process used for the family selection process for 3 Waitt Drive, we
only advertised for 57 days. Third, DHCD requires an independent lottery. Habitat Nantucket
historically used Habitat International's process of Board Members selecting the family.
We understand the process and holes in Habitat International's advertising and selection
process. As we move forward, all homes will be SHI - eligible. Unfortunately, the two families we
have already selected, and who have been on our waitlist since 2017, will not be SHI eligible
because of two obstacles explained above. Once we build these remaining two homes on our
waitlist, Habitat Nantucket is prepared to move forward with the DHCD's SHI-eligible
recommendations and execute the marketing, family selection, and pricing model approved by
DHCD.
PROPOSED HOMEOWNER'S ASSOCIATION
AGREEMENT
Habitat Nantucket Homeowners Association
Benjamin Drive Subdivision
Summary of Rules and Restrictions for Homeowners
There are various restrictions upon the lots that will be owned by Habitat for
Humanity Nantucket, Inc. and later transferred in fee simple to qualified
Homeowners in the Habitat Benjamin Drive subdivision. Some of these rules
stem from deed restrictions imposed by the Town of Nantucket, some from
Habitat policies and some are intended to protect the rights of the homeowners
to the quiet enjoyment of their property, as well as to preserve asset values. All
these restrictions and rules are legally binding and will be enforced by the
Habitat Homeowners (Benjamin Drive) Association. Agreeing to be bound by
these Homeowner's Association rules is a requirement of any family selected as a
Habitat homeowner. Each lot owned by Habitat in the Benjamin Drive
subdivision will be subject to these rules and regulations.
These rules and restrictions are set forth in the Declaration of Protective
Covenants, Easements and Rights of Way, dated , recorded with the
Nantucket Registry of Deeds in . That document is referred to in this
summary as the "Declaration" or "Dec". This is a summary of the major
restrictions; the actual language of the Declaration sets forth the provisions in
greater detail and should be relied upon by the members of the
Habitat Homeowners Board in making any determination of the applicability of
these rules and restrictions to any specific facts.
1) Parkin : parking areas for the homes on lots 2 and 4 are their own parking
spaces. Parking for the duplex (lot 3) will be shared with an easement. There
shall be no on street parking except in marked parking areas. The shared
driveway will be maintained by all the Homeowners and will be funded by their
HOA dues.
a) Because of the arrangement of dwellings on the three Benjamin Drive
lots, the Habitat homeowners of those lots will share the main driveway with
access off Benjamin Drive and shall grant each other permanent easements to
gain access to those parking spaces.
b) Each dwelling in the subdivision is entitled to two parking spaces.
2) Homeowner Fees and Assessments: Each owner must pay annual dues, as set
from time to time by the Association Board. Failure to pay these charges will
result in a lien against the homeowner's property.
a) Dues will be established by the Homeowner's Association Board. Dues
statements will be issued annually. Checks should be made out to Habitat
Nantucket Homeowners Association (Benjamin Drive) and mailed to the address
on the payment notice.
3) Trash: Trash must be kept on the Homeowner's property in a closed container
that is not visible from the street. It is the responsibility of the Homeowner to
insure that their trash is removed from their property in a timely manner.
4) Bicycles, grills, lawn furniture, personal property, recreational items, and toys
shall be stored within a building, an enclosed yard or completely screened from
the street. The structure and grounds of each lot shall be maintained in a neat
and attractive condition.
5) No house trailers, portable houses, tents or boats shall be kept or stored in the
open. No unregistered, uninsured or inoperable vehicles shall be allowed.
Commercial vehicles, other than pickup trucks and passenger automobiles used
in connection with a resident's business shall not be allowed.
6) No animal or pet shall be kept singularly or in such numbers as to create
unreasonably loud noise or otherwise create a nuisance or be offensive to other
residents. No pets shall be kept on any lot or in any exterior structure thereon
except common domesticated animals.
7) No lot may be further subdivided, and no buildings or structures shall be
placed on any lot other than a single family dwelling and accessory structures.
8) Other than the duplex, there shall be no multi -family use, congregate living,
rentals or other use upon any lot. There will be no rentals allowed any of the 3
Habitat lots. Customary home occupations are allowed, as per provisions of the
Nantucket Zoning By -Laws, but no other commercial use.
9) Improvements No building or any other improvement, including driveways,
walkways, fences, utility lines or grading changes may be placed or constructed
on any lot without prior written approval of the Association Board and the
Historic District Commission. Any Homeowner wishing to add a structure or
modify a home must submit a detailed description to the Association Board for
their approval. Any approved modification must also be properly permitted.
No sheds shall be located in the front yard of any lot. No excavation shall be made
on any lot except for Association Boards approved structures or improvements.
10) Any additions or removals of trees or common landscaping (excluding
foundation plantings) shall require the approval of the Association Board. The
plants and trees that comprise the buffer zone on the edge of the lots must not be
disturbed without permission from the Association Board.
11) No antennas or satellite dishes greater than 24 inches shall be
allowed. Homeowners shall make every effort tomount these items towards the
rear of the dwelling and not visible from the street.
12) Any exterior lighting shall be limited in application andtimes of illumination,
so as not to disturb residents of other houses in or abutting the Benjamin Drive
subdivision. Any changes to exterior lighting fixtures installed during the original
construction of the homes must be approved by the Association Board.
13) Fines. Fines for violation of the covenants, conditions and restrictions of
Homeowner's Association are as follows:
a) First violation: a written warning letter to the Owner.
b) Second violation: a violation notice sent to the Owner and a fine of $100.00.
c) Third violation: a violation notice and a fine of $500.00.
d) Subsequent violations: the violator will be referred to the Board for further
sanction, which may include a doubling of fines, as the Board may deem
appropriate.
e) After failure to pay a fine within 30 days, the debt will accrue interest at a rate
of 1.5% monthly (18% annually) on the unpaid balance. After 12 months the fine
will double and a lien will be placed on the Owner's home.
14) Any sale or transfer of title of a home must be approved by the Association
Board. Habitat Nantucket is granted the right of first refusal of any Association
home that is for sale.
15) The hours permitted for contractors to work on the Association homes or
properties are as follows: Weekdays: 7:30 AM - 6:00 PM
Saturdays: 8:30 AM - 1:00 PM
Homeowners will be fined for their contractors violation of these hours.
16) The Board of Habitat for Humanity Nantucket, Inc. will act as the Association
Board until 50% of the homes of the Benjamin Drive subdivision are occupied. At
that point, the Association Board will be made up of the majority of the residents
with three seats reserved for representatives of Habitat Nantucket. Habitat will
initially fund the HOA with $500 per home
PROPOSED TIMELINE
Proposed Timeline for Construction on Lot 7, off Benjamin Drive
1. Clear lot, leaving buffer zone where indicated
2. Install infrastructure: sewer water and power for both dwellings
3. Install temporary driveway and parking area for both dwellings
4. Excavate foundation for single dwelling
5. Frame and complete a weather -tight shell
Once weathertight shell for the single dwelling has been accomplished, interior work will
commence: rough wiring and rough plumbing, HVAC, then insulation. Next, final finishes will
start: sheetrock, flooring, trim, interior doors, finish stairs, cabinets, vanities and final interior
paint.
As soon as the weathertight shell for the first dwelling is complete, work will start on the
duplex.
Excavate foundation for duplex dwelling
Frame and complete a weather -tight shell (either stick -built on site, or as a modular)
Once weathertight shell for the duplex dwelling has been accomplished, interior work will
commence if stick built: rough wiring and rough plumbing, HVAC, then insulation. Next, final
finishes will start: sheetrock, flooring, trim, interior doors, finish stairs, cabinets, vanities and
final interior paint. If a modular, final finishes to the structure, as necessary, to complete.
To complete the project:
1. Move the shed as requested by Nantucket Housing Authority
2. Install split rail fencing along the perimeter as requested by Nantucket Housing
Authority
3. Landscape both dwellings
4. Bring temporary driveway and parking areas to finished condition
PREVIOUS DECISIONS
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273 naISS
TWODWOMM-A M-1
BOARD OF APPEALS
Date:
i.�+� - 7 Vii• ' i f
r _ _
April 7.19 86
Certificate of Granting of G—,,--4tx iZ.t . Permit
(General Laws Chapter 40'., Section 1)
The Board of appeals of the City or Town of Nantucket
hereby certifies that a Permit has beat trained
To Iftnturket Housing Authority (925-86)
Address c/o Julie FItzterald- 35 CenrrP S r t
City or Town Nantucke
affecting the rights of the owner with respect to land or buildings Off MiacoMS_ Road and
Surfside Road, Assessor's Sheet 67, Parcel 82 2_3.3 (�� Zio
And the said Board of Appeals further certifies that the decision attached hereto is a true and
correct copy of its decision granting said permit• and that copies of said
decision, and of all plans referred to in the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws.
Chapter 40A, Section 11 (last paragraph) provides that no cvh-jt4-A" t(')permit, or any ex-
tension, modification or renewal thereof, shall take effect until a.copy of the decision bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has
been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county
and district in which the land is located and indexed in the grantor index under the name of the
owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor-
ding or registering shall be paid by the owner or applicant ASL'
Cf,alrm n
ICM
10.. lot. ..'atS "XR.aN INC •r r:rrD
273 189
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, APRIL
4, 1986 at 1:30.p.m. in the Town and County Building, Nantucket in the
matter of the Application of THE NANTUCKET HOUSING AUTHORITY (U5-86)* the
Board enters the following Decision and makes the following findings:
I. INTRODUCTION
s.
This matter is before the Board of Appeals 1.11. n-
the Town of Nan- o
tucket upon the filing of a comprehensive permit application on February
11, 1986 pursuant to Massachusetts Ceneral Laws-? Chapter 40B, Sections
20-23, by the Nantucket Housing Authority, a public bod ' y politic and cor-
porate duly organized under the provisions of Chapter 121B.
V,
Pursuant to the filing of the Application, a public hearing
held on March 4, 1986 in accordance with Chapter 40B, Section 21, and due
notice was given pursuant to Chapter 40A, Section 11.
1.2. The Board In discharging its functions is required'by Chapter AOB
Section 21 to take into consideration the recommendation of the various
local boards'including the following: Fire Department, Board of Health
Department of Public Works, Building Inspector, Board of Selectmen, Nan-
tucket Planning Board and the Historic District Commission. Pursuant to
the provisions of Section 21, this Board is responsible for issuing all
local permits and/or approvals an behalf of "Local Boards".
1.3. The standards of review in this instance and thascwhich this
Board must address are whether the grant of the permit is reasonable
.and consistent with local needs and whether any condition imposed on, the
permit are uneconomic. See Board of Appeals v. Housing Appeal's Committee
in Department of Community Affairs (1973) 363 Mass. 339, 294 NEU 3934
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In cases where a locality has not wet its minimum housing obli-
gation, as specified under Low and Moderate Income Housing Act, a Board
of Appeals lust rest its decision to grant or deny a permit to construct
such housing on whether the required need for low and moderate income
housing outweighs the valid planning objections to the details of the pro-
posal such as health, site, design, and the need to preserve open spaces.
If the regional need for such housing outweighs such objections, the Board
;., must override any restrictive local requirements and regulations.
t
A municipality's failure to meet its minimum housing obligations
provides compelling evidence that the need for housing does, in fact )out-
weigh any objections to the proposal to construct low and moderate income
housing. See Greenfield Zoning Board v. Housing Appeals Committee, 446 NEZd
748 (1983).
s The Board of Appeals is further required to issue its decision
K with s full statement of reasons. See Bailey v. Board of Appeals of Holden,
345 NEZd 367 (1976).
r
f 1.4. The Applicant submitted the necessary plans, drawings, reports
and documentation of the proposed development on February 11 and 24, 1986
as required by the Rules and Regulations of the Housing Appeals Committee
760 CMR: 31%02. The Applicant filed supplemental plans of the building
i elevations on March 4, 1986 and provided copies to Historic District
i�5 Commission for its special meeting at 12:00 p.m. on March 4, 1985.
j_I. FINDINGS OF FACT AND CONDITIONS
2.1. The'Applicent proposes to construct ten (10) duplex dwellings
and one (1) four -unit dwelling to provide a total of twenty-four units
(12 for elderly and 12 for low.income family). In addition, the Applicant
proposes ,to construct a neighborhood/community building with a total of
2,313.38 square -feet including an area of 89.7.4.square feet for a day cars.
center (proposed capacity not to exceed 20 children). The neighborhood/
community building includes space for meetings and project maintenance,6
s .
_ ! ., 273 FF,,E 131
(b;LS-•86. -3-
The Applicant also requests the approval of eight (8) home sites
and building envelopes (as designated on the site plan) for long term
lease hold agreements .to individuals who qualify for Farmers Home Loan
1 projects or other similarly financed projects.
2.2. The Nantucket Housing Authority is the owner of record of the
property consisting of a 20.80± acre site off Miacomet Road and Surfside
Road and numbered 8 Miacomet Road (Assessor's Sheet 67, Parcel 82). The
proposed area to be developed is about 182,000 SF extending southeasterly
from thacatersection of Miacomet Road and Surfside Road. The area is zoned
Limited Use Gereral-2.
2.3. The proposal, as submitted, provided a 20'-25' foot rear yard
setback for elderly units to be sited near Surfside Road and the bicycle
path,to the south of the Road. Keeping in mind the positive aspect of vi-
sual stimulation to the elderly by being located near an active area (the
bicycle path), the Board finds that there is a valid planning objective in
imposing a backyard setback requirement of 35 feet along this northerly
boundary. The setback will provide a minimum buffer zone, and be in keep-
ing with the setback of structures located across the street. An existing
area of vegetation along this northerly boundary is to be maintained to
trovide partial visual screening. An additional planning objective required
by the Board in order to minimize the visual impact of the structures along
a major road is to re -locate the twc=btory;sfooraanit building designated
4E and exchange it with the single -story, two -unit building designated 2E
now situate on Miacomet Road.
The above conditions are imposed after due consideration of the
recommendations of Historic District Commission.
2.4. The Applicant futher proposed to construct the building with
5/12 and 6/12 roof pitches. The policy of the Historic District Commission
requires a minimum 7/12 roof pitch on new construction. The Board finds
that the Applicant's proposes shallow roof pitches will have a significant
negative visual impact, and compliance with the Historic District Commis-
sion policy in this instance may be imposed without an undue financial
burden on the Applicant and without making such a condition uneconomic. .
..4.rH:R.rxwuiv rs.xi.:.It 24.t i-:1. L....: :.. ..-. .;.y.: ... •. .. .. ... ... .. .. ,.....r .... ...._ — ....Xa... 3..1 .:r.L • 6'...J.
f
5
_: cx 273 FiGE
(0,286) -4-
2.5. The Applicant proposed to construct the buildings with vinyl
clapboard siding. The Board finds that the proposed use of vinyl clapboard
siding deviates substantially from a long -recognised Historic District
Commission policy requiring white cedar shingles. Applicant conceded that
both construction and maintenance with white cedar shingles is more
prac-tical
in this Island environment. Accordingly, the imposition of the con-
dition would not be uneconomic to the Applicant,. i. e., mandating the use
of cedar shingles. The Board further requires that exterior trim be con-
structed of white cedar or other low -maintenance wood. if the wood is
k
painted, .the Applicant shall use Historic District Commission -approved
colors. See HDC Bulletin No.4 (painting).
l
2.6. The Applicant proposed that all of the buildings will be served
by Town sewer and water service shall be obtained from the Wannecomet Water
{
Company. 700 feet of Miscomet Road from Surfside Road will be paved. this
and interior road.paving will conform with Planning Board specifications.
These shall be required as conditions of this permit.
C
1
2.7. As recommended by the Planning Board, we strongly urge the provi-
sion of at least one interior sidewalk/bikepath with a six-foot wide grass
strip separating it from the interior roadway. We condition this permit on
the provision of such a path delineated from the roadway but not necessari-
ly hard -surfaced or so spaced from it. We are advised that such provision,
for safety's sake, would not be uneconomic.
2.8. We strongly recommend a Fire Department -approved
k
alarm system, especially for the community center.
2.9. The Applicant requested an amendment to its Application at the
time of hearing to change the request in item 8 of Rider A of the Applica-
tion to permit the use of four (4) house trailers as temporary office and
shelter (housing 12-16 workers) incidental to construction on the lot. The
Board grants the requested relief.provided that the trailers are located
on site only for a one-year period of construction and be as far removed
from Surfside Road as practical. The site shall be served by temporary
on-site well water and septic system, to be in compliance with pertinent
state and local codes.
t S OK 273 eAGE103
:(Ox, -86) -5-
2.10. In summary, this permit is conditioned on the following, which
we find would not make the project uneconomic but rather safer and less
likely to be stigmatised in the community: �-
I
a. Exterior siding and trim per paragraoh 2.5
b. Roof pitch perparagraph 2.4
c. Setback and screening from Surfaide Road per paragraph 2.3.
d. Design of buildings per revised 3/4/86 drawings agreed
with HDC },
r
a. Sidewalk/bike path per paragraph 2.7
f. Roads, sewer and water per paragraph 2.6
. S
g. Trailers per paragraph 2.9
h. Adherence otherwise to the plans and representations
submitted in conjunction with this Application
L. S4bmission to this Board for review any material changes. }
2.11. The Applicant's request for relief as set forth in Rider A to
its Application by items numbered 1,2,3,4,5,6,7,9 and 10 is hereby granted.
The Board notes that there was opposition to the particular relief request- >
ed. However, The Board received a favorable recommendation of the Planning
Board to the Application as a whole.
�3
2.12. In all other respects the plans are approved as submitted and no
i
other conditions or requirements in excess of state code shall be imposed
upon the Applicant. The Board has given due consideration to the written
recommendations of the Historic District Commission and Planning Board.
The Board did not receive any written recommendations from the Eire Depart-
ment, Board of Health Department or Board of Selectmen.
a � .
��i'.`.,a�.c.r..:�.:•Z:s.c?:.:v:•..•6:.-a::v.•u:•rY-rr..;ia••-.-_.:.,�,....r<a.•....�..,.r..a.--,'-r_i..'.:�.•.e��...._:'Jw�».a�,vr-..s .zau.r-___•.��... ,-.yty,�t .
'..�•_:1uJ.aP1]Y19.y..za:Go:.a:a..ps.;st..w�.:r:::c„_c.-c_:i.s.•... .. ::.-.:., •.:: ,,.....;.-•.: .. .. ... .. •..r.::,..'szsn•.:aw.a:+.rs.�:. is o..dvmu•3.='.::3s7+
f •
b
273 FAQ 194
2.13. The Applicant provided evidence at the hearing that there is
no moderate or low income family housing available on Nantucket and there
are only twenty (20) low or moderate elderly units available. The number
of units presently available does comply with the mandatory 10% housing
unit minimum.
2.14. The Board finds that the grant of the comprehensive permit is
reasonable and consistent with local needs. The need for low and moderate
income housing is evident. Any objections to the proposed plan are outweigh-
ed by the need for housing. Several conditions and requirements have been
imposed by the Board as set forth herein and the Board finds that these are
valid planning objectives necessary to the health and safety of the future
residents of the site and the community as a whole.
2.15. It is therefore the Decision of the Board of Appeals to GRANT the
Application, with the conditions and requirements herein provided by a
UMNIMOUS vote.
Dated: April 7, 1986
Nantucket, MA 02554
1 CMMTMT 20 DAYS NAVE f IAPtED I.TATME Of6s'1O11
WAS FILED IN -ME OF: iCE OF WE T O'; N CLEA AFD THAT
NO APPEALFtl;BEERF' PEF1=11TTO LAWS
10 A, SECT1Ol1 11 �3��C%
William R.R. Sherman
Andrew J. Leddy, Jr.
) 0 2,p � 4 9VO //a P fw-
Dorothy D..Vbllans
VV11TvcIM-7 COUNW
i9c;Cah•ed ^nd Er.',,red
APR 2919 7 /��A m'
e�cr 301 83
.TOWN OF/ NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: MCLa 13 . lg?g
CERTIFICATE OF GRANTING OFR.MODTFTCATI.OPI0FCOMPRE14c-N5tVE PEbY=r
(Massachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the Town of Nantucket hereby certifies
that a C0"rdNtrAve. •rnr} MpCliA( Wf70n has been granted:
To: IUCtllit�( �riCJSlrtG � VJSa-�i0�
(Own r/Applicant)
Address: &31I4614AhAA&ka M)4- 02—TIV
affecting the rights of the Owner/Applicant with respect to land or
b u 11 d i n g s a t IF (Y11 a Cr.VYwQf' �.i1 l ckt-ti,e 6v-ner• e, f- Ph i,!N PCeyCt
Q I(A9Vrf-4tdo_ 1��� ,eu�.1S�Vter�� A-. ✓ 6 91, Deed Reference_
And the BOARD OF APPEALS further certifies that the attached Decisign
is a Fz ue d correct copy of its Decision granting the YIQh5�1J2 PlAril-f
"Nod,Ei00 1 and that copies of the Decision and of all pians referred to
in the Decision have been filed with the Planning Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/Applicant
that General Laws, Chapter 41AA. SeFtion 11 Pr0ul'de_9 �i)n e+f-iejcto.)—_===
that noComp,ehtn5rk perm! Z*G or any extension, modification Or
renewal thereof, shall take effect until (a) a copy of the Decision is
certified by the Town Clerk that twenty days have elapsed after the
Decision has been filed in the office of the Town Clerk and no appeal has
been filed (or, if such appeal has been filed, that it has been dismissed.-.
or denied) and (b) the certified copy is recorded in the Registry of Deed&.
for the County of Nantucket and indexed in the grantor index under the
name of the Owner of Record or is recorded and noted on the Owner's
Certificate of Title. The fee for such recording or registering shall
be paid by the Owner/Applicant.
Cheirain " TT Clerk'
eooK 301 Mcg 84
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY. APRIL
29, 1988 at lt30 p.m. in the Town and County Building, Nantucket, made
the following Decision upon the Application of the XAITUCKET HOUSING
AUTHORITY (050-86) address, Tows and County Building, Nantucket, MA 02554.
I.I. Applicant seeks a MODIFICATION of the Comprehensive Permit:
granted April 7, 1986 pursuant to MGL Chapter 40B, Sections 20-23. In
keeping with 760 CMR 31.03, especially paragraph (3), Applicant b7
letter dated April 1, 1988. requested our hearing on the changes desired. _
1.2. Our findings ere based on the record in the original 050-86
proceedings. viewing. and pians labeled "Miacomet Village" shoving revi-
sions through 4/18/88 bound as 7 sheets (marked our Exhibit "A"). repro--
sentations and testimony received at our hearing.
1.3. As a clarification regarding the original Comprehensive Permit;
the changes now proposed and say future proposals, this Board has deter-
mined that it is not legally empowered to act on those matters properly
witlax the jurisdiction of the Nantucket Historic District Commission
("HDC"). Sections 20 and 21 of MGL Chapter 40B, the enabling statute under
which the Board of Appeals may grant a comprehensive permit,allows it to
speak for "applicable local boards". defined to include a "board having
supervision of the construction of buildings or the power of enforcing
municipal building laws". The Nantucket NDC is one of many in the Common-
wealth created by state statute, not municipal low. If an HDC were intended
to be included as a "local board", the definition could reasonably be
expected to soy so explicitly. An HDC functionuto pass upon the appropriate -
noes of exterior architectural features of buildings and structures. It
does mot supervise construction, that being within the jurisdiction of the
Building Commissioner. If this Board lacks {IDC jurisdiction, it would
follow that the Housing Appeals Committee lacks corresponding appellate
Jurisdiction.
BooK. 1 ► 85
(050-H6) -2-
2.1. We find that the changes now proposed by Applicant remain
consistent with local needs. The changes are all shown on Exhibit "A" sad
include the following:
(a) Buildings 3B and 4A are relocated from near Surfside Road
to sites near Miacomet Road south of the other buildings in Mfacomet Village.
Building 2C is deleted and will not be constructed.
(b) The interior loop road is to be discontinuous, thus be-
coming two entry road& with cul-de-sac turn-arounds. The pathway bordering
j the roads may provide a direct lit!k between tura-&rounds but not for motor
vehicles. Loop road utilities are rerouted.
(c) An approximately 4' x 6' entry porch will be constructed
in the front of 2 -story Building 6 along Hiacomet Road, in lieu of entry
stoop or pad.
.2. The occasion for these chan¢esis the recently discovered, albomt
f 200 -year old;Indian graveyard in the original locus of Buildings 2C, 3B
and 4A. Provisional delineation of that graveyard is marked on the Exhibit
"A" site plan. Out of proper deference and pursuant to commitments with the
i'
state Historical Commission and the Commission on Indian Affairs, the
graveyard site will remain unconstructed and eventually restored to a
natural state. Applicant's request for change in its Compreheasive Permit
under these circumstances is upon the advise of the State Executive Office
of Communities and Development. _-
2.3. The new sites for Buildings 3B and 4A were a part of Applicant's
i
i
20 -acre tract intended as Fara Home lois for "SAC9it-equity" housing.
While constructions on these lots were not a subject of our original
hearing in 1986• the new siting does not raise any new question of zoning
or planning. Interruption of the interior roadway in the area of the
graveyard is appropriately dealt with, based upon representations as to
concerns of the Planning Board and the Nantucket Fire Department. The
Building 6 change is clearly minor but material in easing handicapped
access. If and when a looped water line may be laid across the gap now -
defined by the provisional graveyard perimeter. Applicant v111.isatall it
eoow 301 mg 86
(050-86) -I-
to meet, Fire Department concerns.
3.1. Subject to the foregoing. the original Comprehensive Permit
is modified by substitution of the Exhibit "A" plans to the a:teat they
supercede the original plans, notably for purposes of original condition
2.10 (h) requiring adherence to plans.
3.2. Such MODIFICATIONS are hereby APPROVED by UNANIMOUS vote of
this Board.
Datedi May 13. 19es
Nantucket, MA 02554
i william R. Sherman -
f
••+`•"' Andrew it Leddy, Jr.
�` � wY>i tT OATS W1YEf VP`(D7 FTFA THE DECGM - ^
WAS r�Lp Pl TIoZ a Of 3F f �; ; 1013 N. At o THAT
lgAFeFX 'v.FstETi•fEnSlitaYi T Gi i�W ttAWS _ • . —_—......Dale W . Wa 1 n e
1Ai1 CLERK
or' B '
ft"W" dU.
��
JUN 14 1988 I ►� � .
--
iiw0449wA344
COM!lONKEALTX of MUSAL'EQ2
HOUSING APPEALS COMKITTRE
)
XANTUCEST IRMIM AUTHORITY, )
Appellant )
V. 1 No. 94-02
NAMVCKRT bOMM OF APPEALS, 1
Appellee )
I
DACIA=
In its decision of February ii, 1194, the Nantucket board
of Appeals, granted, subject to conditions, the Nantucket
Housing Authority's request for a Comprehensive Permit for III
affordable housing under G.L. c. 40B, 55 20-23. The Housing
Authority appealed to the Housing Appeals Committee.
Because it appeared that the differences between the par-
ties night be resolved, the Committee permitted continuance of
the hearing. Negotiation has proven fruitful, and the parties
have presented to the Committee a Stipulation dated May 6, 1994..
The Committee has examined the stipulation, finds it a
satisfactory resolution of the issues between the parties, and
incorporates it by reference, making it part of this decision.
The Committee approves issuance of a Comprehensive Perait upon
the terms and conditions met out in the Stipulation.
Housing Ap ala ttee
eraser A. Lohe Jr.
Date:
y Acting Chairman
i
)040449maW
• COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF COMMUNITY AFFAIRS
• HOUSING APPEALS COMMITTEE
Nantucket Housing Authority Case No. 94-02
t
STIPULATION
V.
The Board of Appeals of the
Town of Nantucket
Now come the, parties in the above entitled action and stipulate as follows;
The Application of the Nantucket Housing Authority for a Comprehensive Permit I
dated November 10, 1993, filed November 19, 1993, is GRANTED sub)ect to the I
following terms and conditions:
1. The original plan filed with the Application is superceded, A Plan dated
3-14-94 (revised 4/8/94) by Charles W. Hart., P.L.S. shall be endorsed by the
Nantucket Board of Appeals as follows:
. •A,pp,.,r urdr ar subatdran Card Uw by vn card a Apprw IN
a» Nr•uckd PA* rq ea.a KbgV rurwr+ a pmm prrrw br M.6.L
Ctrptr •Da, srcaon 21. Thk pWn MApG'�M b/ p�C� deed ASM h
r `. Im.
. i s•p,�Mbn pprvwd liowinp
r� 2. Lots 4, 6, 7, 8, 10, 12, 13 and 14 are approved as buildable lots each having a
minimum of 10,000 square feet and all buildings are to be in compliance with the
Intensity Regulations as set forth in the Zoning By-law of the Town of Nantucket for a
Residential -10 zone.
3. Five, (5) of the eight lots so approved shall be restricted to one (1) single family
dwelling. Duplexes shall be permitted on three (3) of the eights approved Iota NO
triplexes shall be permitted on any of the eight lots.
4. Lots 4, d, 7, and 8 will have ddvtwgy aocsas onto Beriamin Dri" only.
—r-
I
. 1�'M7e>riitrt`>eV
& Lob 10, 1Z, 13, and 14 wlghaw drfwway access onto an lira for way and"not
have direct driwway mom onto Mlaeomet Road.
& Lots S, 9, 11 and a t Arlt' (30r) toot strip akxV to b bourxWy (Miaoornac
Road side) of Lot 4 will Mute preen space/buffer zone with no driveway, aocess for
any tots. There will be planted vegetation within the buffer zone of Lot 4 to dlscaxage
vehicular access directly onto Miscomet Road,
7. Although not a condition of the Grant of the Corrtprehonsive Perm", It is strongly
urged by the Board of Appeals that the Nantucket Housing Authority pursue Ks plan for
the landscaping of Phase I of Miacomet Village.
8. Structures will be subject to Historic District Commission Approval as aWkable.
9. The within Stipulation to be effectuated by the' parties in such format as may be
reasonably required for recording same in the Narttucrot Registry of Deeds.
Dated: Wi (, .1994
Gtel of Appeals Nantucket Plowkp AkMorkyB by its attorney
B
�,LA-FitzpidBY: lettRoad, P.O. Box 2W7
nt a ket, MA -02584
BY: (5d8) 2275-5048
may.
i
JUN 2 8 IM 13104M
i
NANTUCKET COLWTY 3AMMA M C1 ADWICK �
RECD ENTERED ATTEST Rt'sGMER
IDad d
lastruzneat
t
f
ao4449PACE34'7
ucM�r TOWN OF NANTUCKET
' BOARD OF APPEALS
c +roast►� NAN'T'UCKET, MASSACHUSETTS 02554
Date: May 19 1994
COMPREHENSIVE PERMIT
CERTIFICATE OF GRANTING OF VARIAN AN SPECIAL P RM
Haseachusetta General Lava, Chapter 40A, Section 11
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a VARIAMCF. and)" SPECIAL PERMIT l,as been GRANTED:
To:(Ovner/Applicant) NANTUCKET HOUSING AUTHORITY (030-94)
i
Address:
8 Miacomet Road, Nantucket, MA 02554
affecting the rights of the Owner/Applicant with respect to land or
building at: 8 Miacomet Road, Assessor's Map 67, Parcel 82,
as shown on Plan Book 21-H
26
Deed Reference: 233, �
And the BOARD OF APPEALS further certifies
ertifiesnthat
the
Gattached
Decision is a true and correct copy Of its
he
VARIANCE and SPECIAL PERMIT and that copies of the Decision and of
all plans referred to in the Decision have been filed with the Planning
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Lava, �>S@,pter 40A, Section 11 (last paragraph)
provides that no VARIANCE and SPECIAL PERMIT, or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the Town
Clerk and no appeal has been filed (or, if such appeal has been filed,
{ ^� that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
is rcorded sucherecording dororegistering ted on the 0shall beepaid ibytthef Title. The fee for
.Ovner/Applicant•
airaan Clark
Tore
jQ0XV`3'W t 449
101BT0AVFZAZA
� A0000MV NVIzar"
MA1lccKLT, MA 025$4
May 1' a 1994
To: parties in interest and others
concerned With tbi.dooltion of the
Board of Appeals in Application No. 0.32 --JM
of: HAMTACKRT MgpsING dUTHOAITY
seeking a xptBo*kftcaMcb�M)CO�K-Coapiebansivs POM"412-�-!A
thisoday boonhfileddecision
with the Nantucket Town of MO Is �� has
An
tlhaiApplicant toive ptheIiOusing Appealsl from this sComittesetaken
pursuant
to Chapter 40B, Massachusetts General Laws.
A court action appealing this decision may be filed by a
party in interast pursuant to Section 17 of Chapter 40A,
Massachusetts General Laws.
ht
filingourt action a complaintpinacourttvithinitwenty sion u(20)edaysuaftery
this date. Notice of the action with a co y of the
to theiTownnClark sofed as to baof the d
received cwithin islon msuch ust btwentyn
(20) days.
"eW. ;iae a rman
i cc:
PlanningBoardgBoard
Building Comissioner I
j t
t
Assessor's Map 67
Parcel 82
LUG -II
CKET
. I ox Vwwt
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
8 Miscomet Road
Plan Book 21-B
233, 26
At a Public Hearing of the Nantucket Zoning Board of Appeals,
held on Friday, April 8, 1994, at 1:00 P.M. in the Town and County
Building, Broad Street, Nantucket. Massachusetts, on the Application
of HORITY Of Miaomet
0?954hQBoardUofEAppealsNFileTNo. 030-948 thecBoardRNantucket,
made thefollowl q
Decision:
1. Applicant seeks a Comprehensive Permit pursuant toM.G.L. a
Chapter 40B to construct eight (8) multi -family 4 units
total of twenty-one (21) units and a laundry/maintenance facility
and to create a separate lot Lot 3) as shown on Exhibit A on file.
Relief from the Zoning By -Lar and Rules and Regulations of the
(
Planning Board and Subdivision Control Law was requested as set
forth on Rider A to the Application, a copy of which is attached
hereto as Exhibit B.
The premises are located at9MIACOMET ROAD, Assessor's Map 67,
Parcel 82, as shown in Plan Book 21-B. The property is zoned Limited
Use General -II. A comprehensive Permit was previously issues in 1986
Pnd ezmitdwasefilediin81993� BCReFile No0-860-93, anddtisrpendinghe
final
resolution.
2. The Decision is based upon the Application and materials
submitted with it and the testimony and evidence presented at the
hearing. One.abutter was present and spoke in opposition, expressing
concerns !bout density, having 10,000 SF lots in an area that
requires 2 acres (80,000 SF); appearance and lack of adequate
screening; maintaining zoning integrity; control issues of the
raisingmconcernsdevelopent and tenant selection about increased traffic oneMiacometwere tRoad. Thee
Planning Board staff made a favorable recommenbation, but encouraged
the construction of a bike path along Miacomet'Road. A letter from
the Historic District Commission raised concerns about the parking
being at right angles; the lack of a definitive landscape planting
schedule and asked that the Housing Authority provide screening and
an area of open -space as a buffer zone. In a lettcr'from the
Department of Public Works, it expressed no objectiOD to the
proposed project but suggested that, due to State ■ever regulations,
the project may face problems with issuance of sexes cOAAeCtiOA
permits in excess of the existing balance.
(030-94) -A-
Lawrence Krajeski, from the South Shore Rousiag DeveI"B"t♦
van •ubmittedawritten daocssents regarding sultant for the stenantt electionprocre
edures
and a management plan.
3. The standards of review in this instance and those which tha
rant of the permit is reaso
Board
address awhether t
d consistentwithlocalneedsandhe gvhether any conditions imposedle
on the permit are uneconomic.
In cases where a locality has not met its minimum housing
obligations, the Board must rest its Decision on dethervtherequired
need for low and moderate income housing outweighs any d
planning objections to the proposal. I! the regional need for
housing outweighs such objections, the Board must override any
restrictive local requirements and regulations -
4. The proposal as submitted, requests approval for eight (a)
buildings with a total of twenty-one (21) dwelling units, (4 -one
bedroom, 13 -two bedroom and 4 -three bedroom units) and a
laundry/maintenance facility to be located in one of the eight
buildings. There will be two (2) paved parking spaces per unit, a
eighteen to twenty foot width, and a
paved interior roadway with an
paved sidewalk/bike path an shown on the plan on Tile. The units
ts and
and sewer.
systems villwill beebebinstalledaperater the requirementsire of theran Nantucketalarm Fire
Department. A landscaping allowance will be part of the grant
application, and was represented to be $12,000.00. Each building
will have an enclosed attached storage area.
Also, as part of this phase, adequate money would be
availableime te budgetintenance personnel
for a allowances
elief
a set
ExhibitAB, in granted ibyratunanimous ion, the rvote, uponethedforth is
following
conditions:.
a., • No more than eight (B) buildings with a total of
twenty-one (21) dwelling units and laundry/maintenance facility to
be located on Lot 3
as gxhibitncson fileiat the Zoninal g file
Board o! ADpe ls;
and
b. The interior roadway, parking spacaa andvale bike
path will be paved and be in substantial conformity with
aforementioned plan on !ilei
C. There will be an attached enclosed storage area for each
buildings
d. The buildings will be served by municipal water and
sever;
e. The areas shown as e17 will not contain any dwellings,
but may have no more than two maintenance/storage garages;
v . a
(030-94) -3-
160449PAA51
+ f. There will be a twenty (201) foot buffer zone on the area
shown as #15 along the southeasterly boundary of Lot 3 as shown on
f Exhibit A on file. No structure shall be built 1n said buffer zone.
However, future roads/access across said buffer zone are not hereby
prohibited; and
g. Two (2) trailers may be used for temporary office and shelter
(housing for not more than four workers) incidental to construction on
the site shall be permitted for a period not to exceed eighteen (ls)
months from the date grant application loan is closed.
6. The Board
aeGRANT of the MPERMIT
reasonable and eonsistentwithlocalneeds. Any objections to the is
proposed plan are outweighed by the need for housing. Several
conditions and requirements have been imposed by the Board as set forth
herein and the Board finds that these are valid planning objectives
necessary to the health and safety of the future residents of tre site
and the community as a whole.
�^
It is therefore the Decision of the Hoard of Appeals to GRANT
by unanimous vote the COMPREHENSIVt PZRMIT with the conditions and
requirements as herein provided.
Dated+ May iJ , 1994
RECEIVED
TpWN CLERK'S pC2 ,OE Dale W. Waine % o�
NANTUCKET, 4 0- � ✓�
MAY 191994
TIME: I-f"� Linda F. Williams
CLEA
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RIDER A
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Application o the Board of Appede
for a Comprehensive Permit
pursuant to MAL Chapter 406
A. 70 to DVZWX
1. Apptkant requests rerwf from Section 139-7A, PertrdMad Uses SecOon
(or Section 139-7E) In e� dtng General l
eight ((8) multi -family dwelling units for total of District 1) � n-
twenty-one (2
conforming lot to be created pursuant to this permit.
2. Applicant requests relief from Section 13911, Major Conrn rciai
Deveiopment, if applicable.
3. Applicant requests relief from Section 139-7, Cluster Development, If
applicable.
4. Applicant requests refief from Section 139-16, Intensity Regulations to
create Lot 3 as shown on a plan dated March 14, 1994 by Charles W. Hart 6
Associates, Inc. as to frontage and ground cover ratio.
5. Applicant requests relief from Section 139-18C. (1) and 139-19, if
applicable. All dwelling units will meet or exceed the required number of parking
spaces per unit.
6. Applicant requests relief from Section 139-20, Off -Street loading
facilities, if applicable, to the maintenance./storage facility and laundry room.
7. Applicant requests relief from Section 139.7 E (2) and (3) to allow the
use of two (2) trailers as temporary office and shatter (housing for four (4)
workers)lncidental to construction on the site.
8. Applicant requests relief from Section 139-24, Rate of Development, to
allow the immediate issuance of the necessary building permits for construction
when appropriate.
B.
Applicant requests relief from the Rules and Regulations of the Nantucket
Planning Board and the Subdivision Control Law, as applicable, including but not �
limited to, 4.19 -Bike Paths.
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End of
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.��OTt7e�TOWN OF NANTUCKET
tA
ZONING BOARD OF APPEALS
o
00 +si ,e 37 WASHINGTON STREET
t'OjtAIL NANTUCKET, MASSACHUSETTS 02554
Date: N%VOII 2-1 , 1997
To: Parties in interest and others concerned with NANTUCKET BOARD OF
APPEALS decision on the pplication of the NANTUCKET HOUSING
AUTHORITY, No. 017-91 for a MODIFICATION OF COMPRENSIVE
PERMIT
Enclosed is the decision of the Board of Appeals which has this day been filed in the office
of the Nantucket Town Clerk.
An administrative appeal from this decision may be taken by the Applicant to the Housing
Appeals Committee pursuant to Chapter 40B of the Massachusetts General Laws. Such
Appeal shall be taken within TWENTY (20) days after this date.
Any person aggrieved by the issuance of this comprehensive permit or approval may
appeal this decision under Section 17 of Chapter 40A of the Massachusetts General Laws.
Any court action appealing the decision must be brought by filing a complaint in court
within TWENTY (20) days after this date. Notice of the action with a copy of the
complaint and certified copy of the decision must be given to the Nantucket Town Clerk
so as to be received within TWENTY (20) days after this date.
Mich& J, O'M Chairman
cc: Town Clerk
Planning Board
Bading Comm4siow
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor's Map 67 8 Miacomet Road
Parcel 82 Plan Book 21•B
United Use General 2
1. At a public hearing of the Nantucket Zoning Board otAppeals, on Friday,.
February 14, 1997, at 1:00 P.M., in the Selectmen's Meeting Room, in the Town and
County Building, Broad Street, Nantucket, Massachusetts, the Board nude the following
decision on the application of the NANTUCKET HOUSING AUTHORITY, of 3 Manta
Drive, Nantucket, Massachusetts, 02554, in BOA File No. 017-97:
2. The Applicant is seeking a MODIFICATION of the Board of Appeals' decision in
Application No 030-94, in which a COMPREHENSIVE PERMIT was granted pursuant
to M.G.L. Chapter 40B (the 1994 COMPREHENSIVE PERMIT") to create a 159,387
sf ± lot, shown as Lot 3 on a plan dated March 14, 1994 by Charles W. Hart &
Associates, Inc. and recorded with the Nantucket Registry of Deeds in Plan File 44-Y and
to construct eight (8) multi -family dwelling units for a total of twenty -on (2 1) units and a
laundry/maintenance facility on Lot 3. The Applicant now seeks a MODIFICATION of
the 1994 COMPREHENSIVE PER1vaT to allow the division of Lot 3 into a 145, 868+ sf
lot and a 11,319± sf lot, said lots being shown as Lots 3A and 3B, respectively, on a plan
dated January 20, 1997 by Charles W. Hart & Associates, Inc. and a copy of which is
attached hereto as Fxhibit A, and to allow the construction of no more than seven (7)
muli-family dwelling structures containing nineteen (19) dwelling units on Lot 3A and the
construction of no more than one (1) single-family dwelling on Lot 3B. Relief was
sought from the Massachusetts Subdivision Control Law and the Rules and Regulations of
the Planning Board, as applicable and the following Nantucket Zoning By -Law sections:
1. Section 139-11, Major Commercial Development, if applicable;
2. Section 139-7, Cluster Development, if applicable
3. Section 139-16, Intensity Regulations to create Lots 3A and 3B as shown on a
Plan dated January 20, 1997 by Charles W. Hart & Associates, Inc. and to site
structures thereon, as to minimum lot area, frontage and ground cover ratio.
4. Section 139-20, Off -Street Loading Requirements, if applicable
5. Section 139-24, Rate of Development, to allow the immediate issuance of the
necessary building permits for construction when appropriate.
�NrY0533?.110'71
The premises is located at 8 biiacomet Road, Assessors Map 67, Parcel 82, as shown in
Plan Book 21-B, the subject Lot 3 being shown in Plan File 44-Y. The property is zoned
Limited Use General - 2. A Comprehensive Permit was previously issued for this property
in BOA File No. 050-86, as modified in 1988. Another Comprehensive Permit was issued
for this property in BOA File No. 110-93, as modified by the Decision of Commonwealth
of Massachusetts Housing Appeals Committee in Case No. 94-02.
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. There was no Planning
Board recommendation and no local regulatory agency sought to make comment.
4. The standards for review in this instance and those which the Board must address
are whether the grant of the comprehensive permit is reasonable and consistent with local
needs and whether any conditions imposed on the permit are uneconomic.
S. The Applicant informed the Board that federal funding for the original project was
sufficient to construct'ordy seven (7) multi -family structures containing 19 units shown on
Exhibit B on file with Board, as opposed to the eight (8) structures and 21 units approved
under the 1994 COMPREHENSIVE PERMIT. These seven (7) structures are in the final
stages of construction on Lot 3A and given that an eighth structure will not be built as
part of this federal project, the Applicant wants to remove the land for the eighth structure
(Lot 3B) from the federal project and construct a single-family structure on Lot 3B when
funding becomes available.
6. After due consideration, the requested MODIFICATION of the 1994
COMPREHENSIVE PERMIT to divide Lot 3 into Lots 3A and 3B and to construct no
more than seven (7) muli-family dwelling structures containing nineteen (19) dwelling
units on Lot 3A and a single-family dwelling on Lot 3B, is granted, provided, however,
that condition "a' in Paragraph 5 of the 1994 COMPREHENSIVE PERMIT is hereby
deleted and the follow condition is substituted in lieu thereof:
a) No more than seven (7) structures with a total of nineteen (19) dwelling units
and laundry/office facility may be constructed on Lot 3A in substantial
conformance with the plan on file with the Zoning Board of Appeals and marked
as Exhibit B. and one (1) single-family structure may be constructed on Lot 3B
in conformance with the dimensional requirements for land in a Residential -10
Zoning District under the Nantucket Zoning By -Law.
All remaining conditions set forth in the 1994 COMPREHENSIVE PERMTP shall remain
in full force and effect.
7. Furthermore, the Board finds that the grant of COMPREHENSIVE PERMIT, as
modified herein, to be reasonable and consistent with local needs and that conditions
imposed by the Board are economic and further valid planning objectives necessary to
saorQM&tl2
protea tho health, safety and welfare of future residents of the property and the
community as a whole.
6. it is therefore the decision of the Board of Appeals to GRANT, by
unanimous vote, the requested MODIFICATION of the 1944 COMPREHENSIVE
PERMIT subject to the conditions and requirements provided herein.
Dated: March , 1997
0'
Linda F. Williams
Nancy J. Se
D. Neil
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, ?A4 02554
MAR 21 1997
• �AIe,�FftEtiff9ECS5 TIME:
t-t1HE0F • tOMICtl7oCr� �.�, CLERK:
gEt,LWS�3 ;W1 -
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\yi�9pUAAT
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date : January 9, 2020
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No . : 30-19
MODIFICATION TO PRIOR COMPREHENSIVE PERMIT No. s 110-93;017-94 ;030-94
Applicant : HABITAT FOR HUMANITY , INC .
Owner : NANTUCKET HOUSING AUTHORITY
PROJECT NAME : MIACOMET VILLAGE 40B
Property Description: off Benjamin Drive
Lot 17 on Plan File 44-Y
Map 67 , Parcel 515
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk .
An Appeal from this Decision may be taken pursuant to Sections 21
and 22 of Chapter 40B, Massachusetts General Laws .
Any action appealing the Decision must be brought by filing a
complaint in Nantucket Superior Court or Land Court or the Housing
Appeals Committee, as appropriate, within TWENTY (20) days after
this day' s date . Notice of the action must be given as provided
for under Chapter 40B, Sections 21 & 22 .
Eleanor W. Antonietti ,
Zoning Administrator
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road,
Nantucket, Massachusetts 02554
Assessor's Map 67, Parcel 515 Book 233, Page 26
Miacomet Village 40B Lot 17
Limited Use General - 2 Plan File 44-Y
DECISION:
1. The Nantucket Zoning Board of Appeals held public hearings on November 14,
2019 and December 12, 2019, in the Community Meeting Room at the Public Safety
Facility at 4 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of
NANTUCKET HOUSING AUTHORITY, as Owner with a mailing address of 3
Manta Drive, Nantucket, Mass. 02554; HABITAT FOR HUMANITY NANTUCKET,
INC., as Applicant, with a mailing address of 35 Old South Road, Nantucket, Mass.
02554, Board of Appeals File No. 30-19. The Board made the following Decision:
2. The Applicant, Habitat for Humanity Nantucket, Inc. ("Habitat"), requested
MODIFICATION of prior COMPREHENSIVE PERMITS, granted in accordance with
M.G.L. Chapter 40B, pursuant to 760 CMR 56.05 to allow Lot 17, currently prohibited
from having any dwellings, to contain dwellings and be further subdivided. Specifically,
Habitat proposed to subdivide Lot 17 into three lots in the following manner; Concept
"Lot 1" will have no dwellings and will contain two existing outbuildings; Concept "Lot
2" will contain either a single-family dwelling or a duplex, which will then be converted
to a condominium form of ownership and conveyed to two families, and; Concept "Lot
3" will contain a single-family dwelling. Concept Lots 2 and 3 shall abide by the
proposed Homeowner's Association Declaration of Restrictions. The property will be
permanently deed-restricted for the purpose of providing affordable year-round housing.
As proposed, the lots will otherwise conform to the intensity regulations of the R-10
zoning district. The Applicant requested waivers from the Code of the Town of
Nantucket and, to the extent necessary, relief from the Rules and Regulations of the
Nantucket Planning Board and the Subdivision Control Law, as provided in M.G.L.
Chapter 40B.
3. Locus, shown on Assessor's Map 67 as Parcel 515, and as Lot 17 on Plan File 44-
Y, is situated within the Miacomet Village, a 40B subdivision. The subdivision is subject
to various Comprehensive Permit Decisions approved and modified in Board of Appeals
File No.s 025-86, 050-86, 110-93, 030-94, and 17-97. Evidence of owner's title is in
Book 233, Page 26 on file at the Nantucket County Registry of Deeds. The site is zoned
Limited Use General 2 (LUG-2).
4. Our Decision is based upon the application and accompanying materials and
representations and testimony received at the public hearings. The Nantucket Planning
2
Board made a favorable recommendation. The Nantucket Police Department did not
have any concerns with the application, nor did the Wannacomet Water Company. The
Nantucket Sewer Department provided the Applicant with a conceptual sewer option
because the Applicant could connect the properties to the municipal sewer system. The
Nantucket Fire Department asked the Applicant to revise the plans to provide adequate
space for a turnaround, which the Applicant did and submitted to the Zoning Board of
Appeals.
5. The Applicant explained the history of the Locus as affected by many iterations of
the Comprehensive Permits for "Miacomet Village" over the years. Specifically, a
Stipulation issued by the Housing Appeals Committee in May 1994 (recorded at Book
449 Page 344) approved a Comprehensive Permit in File No. 110-93 for eight buildable
lots fronting on either Benjamin Drive or Norquarta Drive and green space buffer zones
consisting of three lots and a thirty (30) foot wide strip. The approved subdivision is
shown on Plan File 44-Y. Although Lot 17 is shown thereon, the Stipulation did not
specifically address Lot 17. Also in 1994, a new Comprehensive Permit was issued in
File No. 030-94 (recorded at Book 449, Page 347), which specifically addresses Lot 17 as
follows in¶5.e on Book 449, Page 350 of the recorded decision:
The areas shown as #17 will not contain any dwellings, but may have no more
than two maintenance/storage garages.
6. The Owner, Nantucket Housing Authority ("NHA"), has entered into an
agreement with the Applicant (Habitat) allowing them to apply to the Zoning Board of
Appeals to modify the Comprehensive Permits. The request constitutes a substantial
modification of the existing Comprehensive Permits. Habitat is requesting a
MODIFICATION of Board of Appeals' Decision No.s 110-93 and 030-94, in which
COMPREHENSIVE PERMITS were granted pursuant to M.G.L. Chapter 40B, as further
modified by Decision No. and 017-97 (recorded at Book 533, Page 69). Locus is
undersized for the LUG-2 zone, having 38,356 square feet of lot area where minimum
required lot area is 80,000 sq. ft. Furthermore, Locus has inadequate frontage where
minimum required frontage is one hundred fifty(150) linear feet.
7. Specifically, Habitat seeks to eliminate the above-cited condition and to modify
prior Comprehensive Permit relief in order to allow Lot 17 (Locus) to be subdivided into
three (3) lots (two containing dwelling units; one not having any dwelling units) as shown
on the plan entitled, "Division #5 Concept Site Plan of Land in Nantucket, Mass.",
prepared by Blackwell & Associates, Inc., dated November 22, 2019 and revised
December 6, 2019, and attached hereto as "Exhibit A". Concept Lot 1 will continue to
not have any dwellings and will contain the two existing outbuildings; Concept Lot 2 will
contain a duplex which will then be converted to a condominium form of ownership to be
conveyed to two (2) families; and Concept Lot 3 will contain a single-family dwelling to
be conveyed to an eligible family in fee simple ownership. Concept Lots 2 and 3 shall
abide by the proposed Homeowner's Association declaration of restrictions which was
submitted as part of the Application and shall be recorded upon conveyance to the first
family. The existing shed straddling the shared lot line between #7 Benjamin Drive and
Concept Lot 2 will be moved entirely out of the setbacks.
3
8. The Applicant sought relief from the following Nantucket Zoning By-law
Sections:
Code Section Required Provided
139-7.A—uses(allow Duplex Duplexes are not allowed per The Applicant requested this
use in LUG-2 zoning district) Section 139-7.A in the LUG-2 requirement be waived and
zoning district one duplex is allowed on
Concept Lot 2
139-7.A—uses(allow storage Garages and sheds are not Concept Lot 1 will continue to
structures as primary use on allowed primary uses on a lot maintain an existing garage
lot) in the LUG-2 zoning district and storage structure,which
shall be the primary use on
that lot
139-16.A—intensity 150 ft of frontage is required Concept Lots 2&3 will have
regulations(waive frontage in LUG-2 zoning 0 ft of frontage;Concept Lot 1
requirements of the LUG-2 will continue to have
zoning district for Concept approximately 12 ft of
Lots 1 —3) frontage along Benjamin Drive
139-16.A—intensity 80,000 square feet is the Concept Lot 1 will have
regulations(waive minimum minimum lot size in LUG-2 approximately 12,583 sf of
lot size requirement in LUG-2 zoning area;Concept Lot 2 will have
zoning district for Concept approximately 15,826 sf of
Lots 1 —3) area; and Concept Lot 3 will
have approximately 9,946 sf of
area
139-16.A—intensity There is a 35 foot front yard Concept Lot 1 will be as close
regulations(waive setback setback in LUG-2 and a 15 as 14.1 feet from the easterly
requirements) foot side/rear yard setback side yard setback
139-16.A—intensity The ground cover ratio in the Concept Lot 1 will have a
regulations(waive ground LUG-2 zoning district is 4% ground cover ratio of
cover ratio) approximately 6.6%; Concept
Lot 2 will have a ground cover
ratio of approximately 16.4%;
and Concept Lot 3 will have a
ground cover ratio of
approximately 13.1%
139-16.D—intensity The regularity factor for lots Concept Lot 1 will have a
regulations(waive regularity shall not be less than 0.55. regularity factor of 0.40
factor)
139-20.1 —Driveway Access There shall not be more than #7 Benjamin Drive(Map 67,
(waive requirement of only one driveway access on a lot Parcel 506)will have two curb
one curb cut per lot) cuts on the lot. One curb cut
will serve the existing house at
#7 Benjamin Drive;the other
curb cut will be a portion of
the proposed asphalt driveway
servicing Concept Lots 2&3
4
9. Habitat proposes to subdivide Lot 17 — owned by the Nantucket Housing
Authority ("NHA") — into three lots, two of which will be improved with dwelling units
and one of which will remain under the control and continue to be used by the NHA for
storage/maintenance. NHA will grant Concept Lots 2 and 3 to Habitat with approval of
this request. The proposal includes Common Driveway, Access, and Utility easements
over adjacent Lot 8 (shown on Plan File 44-Y; 7 Benjamin Drive owned by NHA
Properties, Inc.) and proposed Concept Lot 1 (owned by the Nantucket Housing
Authority).
10. After reviewing the various building programs proposed by Habitat, the Board
favored the option which included a 2,600 sq. ft. duplex on Concept Lot 2. This option
would allow Habitat to place at least one of the proposed dwelling units on the
Subsidized Housing Inventory ("SHI") list. All three of the residential units on the
Habitat lots will be permanently restricted for affordable year-round housing.
11. The standards for review in this instance and those which the Board must address
are whether the grant of the Comprehensive Permit modification is reasonable and
consistent with local needs and whether any conditions imposed on the permit are
uneconomic.
12. After due consideration and discussion between the Applicant and the Zoning
Board of Appeals relative to the density, the need for adequate buffer areas, landscaping,
infrastructure, safety considerations, and additional parking, the Board made the finding
that the Modification requested in connection with the proposed project, shown on the
attached "Exhibit A", is in harmony with the purpose and intent of the Zoning By-law
and is consistent with local needs and that the requested Waivers from the Nantucket
Zoning By-law associated with the proposed project, as shown in Chart above, may be
granted based upon the Applicant's ability to maintain the proposed project's economic
viability.
13. Therefore, based upon the forgoing, the requested MODIFICATION of the 1994
Comprehensive Permit to remove ¶5.e in Decision No. 030-94 to allow Lot 17 to be
divided into three lots, two of which are buildable, as shown on"Exhibit A", was granted
by a MAJORITY VOTE of four (4) in favor and one (1) opposed (Toole) subject to the
condition that all remaining relief and conditions set forth in Decision No. 030-94 and the
Modification in Decision No. 017-97 shall remain in full force and effect.
SIKNALUREY
5
Assessor's Map 67, Parcel 515 Book 233, Page 26
Miacomet Village 40B Lot 17
Limited Use General - 2 Plan File 44-Y
Dated: December 12, 2019
,II% igellt
elm 11 McCa' h, 41/11111 MUFF
01 Alkiii& __ _
Lisa Botticelli
Edward Toole(apeesed)
Michael . O'M.
A7 ti
_L---
i'erim Koseatac
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
-----
On the1-77-1 day of ,)eta , 2020, before me, the undersigned notary
public, personally appeared S ST-�✓l ofC kr\--✓L , one of
the above-named members of the Zoning Board of Appeals o ntucket, Massachusetts,
personally known to me to be the person whose name is signed on the preceding
document, and acknowledged that they signed the foregoing instrument as their free act
and deed and voluntarily for the purposes therein expre-sed.
LL/
MEGAN `RUDEL Off ial Signat. ; and Seal of Notary Public
1. Notary Public
.� My commiss.s -xpires:
v. COMMONWEAt,THOFMASSACHUSETTS
�I,� My Commission Expires On
May 08,2020
............
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: January 9, 2020
To : Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No . : 30-19
MODIFICATION TO PRIOR COMPREHENSIVE PERMIT No. s 110-93;017-94 ;030-94
Applicant: HABITAT FOR HUMANITY , INC .
Owner : NANTUCKET HOUSING AUTHORITY
PROJECT NAME : MIACOMET VILLAGE 40B
Property Description: off Benjamin Drive
Lot 17 on Plan File 44-Y
Map 67 , Parcel 515
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk .
An Appeal from this Decision may be taken pursuant to Sections 21
and 22 of Chapter 40B, Massachusetts General Laws .
Any action appealing the Decision must be brought by filing a
complaint in Nantucket Superior Court or Land Court or the Housing
Appeals Committee, as appropriate, within TWENTY (20) days after
this day' s date. Notice of the action must be given as provided
for under Chapter 40B, Sections 21 & 22 .
Eleanor W. Antonietti,
Zoning Administrator
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road,
Nantucket, Massachusetts 02554
Assessor's Map 67, Parcel 515 Book 233, Page 26
Miacomet Village 40B Lot 17
Limited Use General - 2 Plan File 44-Y
DECISION:
1. The Nantucket Zoning Board of Appeals held public hearings on November 14,
2019 and December 12, 2019, in the Community Meeting Room at the Public Safety
Facility at 4 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of
NANTUCKET HOUSING AUTHORITY, as Owner with a mailing address of 3
Manta Drive, Nantucket, Mass. 02554; HABITAT FOR HUMANITY NANTUCKET,
INC., as Applicant, with a mailing address of 35 Old South Road, Nantucket, Mass.
02554, Board of Appeals File No.30-19. The Board made the following Decision:
2. The Applicant, Habitat for Humanity Nantucket, Inc. ("Habitat"), requested
MODIFICATION of prior COMPREHENSIVE PERMITS, granted in accordance with
M.G.L. Chapter 40B, pursuant to 760 CMR 56.05 to allow Lot 17, currently prohibited
from having any dwellings, to contain dwellings and be further subdivided. Specifically,
Habitat proposed to subdivide Lot 17 into three lots in the following manner; Concept
"Lot 1" will have no dwellings and will contain two existing outbuildings; Concept "Lot
2" will contain either a single-family dwelling or a duplex, which will then be converted
to a condominium form of ownership and conveyed to two families, and; Concept "Lot
3" will contain a single-family dwelling. Concept Lots 2 and 3 shall abide by the
proposed Homeowner's Association Declaration of Restrictions. The property will be
permanently deed-restricted for the purpose of providing affordable year-round housing.
As proposed, the lots will otherwise conform to the intensity regulations of the R-10
zoning district. The Applicant requested waivers from the Code of the Town of
Nantucket and, to the extent necessary, relief from the Rules and Regulations of the
Nantucket Planning Board and the Subdivision Control Law, as provided in M.G.L.
Chapter 40B.
3. Locus, shown on Assessor's Map 67 as Parcel 515, and as Lot 17 on Plan File 44-
Y, is situated within the Miacomet Village, a 40B subdivision. The subdivision is subject
to various Comprehensive Permit Decisions approved and modified in Board of Appeals
File No.s 025-86, 050-86, 110-93, 030-94, and 17-97. Evidence of owner's title is in
Book 233, Page 26 on file at the Nantucket County Registry of Deeds. The site is zoned
Limited Use General 2 (LUG-2).
4. Our Decision is based upon the application and accompanying materials and
representations and testimony received at the public hearings. The Nantucket Planning
2
Board made a favorable recommendation. The Nantucket Police Department did not
have any concerns with the application, nor did the Wannacomet Water Company. The
Nantucket Sewer Department provided the Applicant with a conceptual sewer option
because the Applicant could connect the properties to the municipal sewer system. The
Nantucket Fire Department asked the Applicant to revise the plans to provide adequate
space for a turnaround, which the Applicant did and submitted to the Zoning Board of
Appeals.
5. The Applicant explained the history of the Locus as affected by many iterations of
the Comprehensive Permits for "Miacomet Village" over the years. Specifically, a
Stipulation issued by the Housing Appeals Committee in May 1994 (recorded at Book
449 Page 344) approved a Comprehensive Permit in File No. 110-93 for eight buildable
lots fronting on either Benjamin Drive or Norquarta Drive and green space buffer zones
consisting of three lots and a thirty (30) foot wide strip. The approved subdivision is
shown on Plan File 44-Y. Although Lot 17 is shown thereon, the Stipulation did not
specifically address Lot 17. Also in 1994, a new Comprehensive Permit was issued in
File No. 030-94 (recorded at Book 449, Page 347), which specifically addresses Lot 17 as
follows in¶5.e on Book 449, Page 350 of the recorded decision:
The areas shown as #17 will not contain any dwellings, but may have no more
than two maintenance/storage garages.
6. The Owner, Nantucket Housing Authority ("NHA"), has entered into an
agreement with the Applicant (Habitat) allowing them to apply to the Zoning Board of
Appeals to modify the Comprehensive Permits. The request constitutes a substantial
modification of the existing Comprehensive Permits. Habitat is requesting a
MODIFICATION of Board of Appeals' Decision No.s 110-93 and 030-94, in which
COMPREHENSIVE PERMITS were granted pursuant to M.G.L. Chapter 40B, as further
modified by Decision No. and 017-97 (recorded at Book 533, Page 69). Locus is
undersized for the LUG-2 zone, having 38,356 square feet of lot area where minimum
required lot area is 80,000 sq. ft. Furthermore, Locus has inadequate frontage where
minimum required frontage is one hundred fifty (150) linear feet.
7. Specifically, Habitat seeks to eliminate the above-cited condition and to modify
prior Comprehensive Permit relief in order to allow Lot 17 (Locus) to be subdivided into
three (3) lots (two containing dwelling units; one not having any dwelling units)as shown
on the plan entitled, "Division #5 Concept Site Plan of Land in Nantucket, Mass.",
prepared by Blackwell & Associates, Inc., dated November 22, 2019 and revised
December 6, 2019, and attached hereto as "Exhibit A". Concept Lot 1 will continue to
not have any dwellings and will contain the two existing outbuildings; Concept Lot 2 will
contain a duplex which will then be converted to a condominium form of ownership to be
conveyed to two (2) families; and Concept Lot 3 will contain a single-family dwelling to
be conveyed to an eligible family in fee simple ownership. Concept Lots 2 and 3 shall
abide by the proposed Homeowner's Association declaration of restrictions which was
submitted as part of the Application and shall be recorded upon conveyance to the first
family. The existing shed straddling the shared lot line between #7 Benjamin Drive and
Concept Lot 2 will be moved entirely out of the setbacks.
3
8. The Applicant sought relief from the following Nantucket Zoning By-law
Sections:
Code Section Required Provided
139-7.A—uses(allow Duplex Duplexes are not allowed per The Applicant requested this
use in LUG-2 zoning district) Section 139-7.A in the LUG-2 requirement be waived and
zoning district one duplex is allowed on
Concept Lot 2
139-7.A—uses(allow storage Garages and sheds are not Concept Lot 1 will continue to
structures as primary use on allowed primary uses on a lot maintain an existing garage
lot) in the LUG-2 zoning district and storage structure,which
shall be the primary use on
that lot
139-16.A—intensity 150 ft of frontage is required Concept Lots 2&3 will have
regulations(waive frontage in LUG-2 zoning 0 ft of frontage; Concept Lot 1
requirements of the LUG-2 will continue to have
zoning district for Concept approximately 12 ft of
Lots 1 —3) frontage along Benjamin Drive
139-16.A—intensity 80,000 square feet is the Concept Lot 1 will have
regulations(waive minimum minimum lot size in LUG-2 approximately 12,583 sf of
lot size requirement in LUG-2 zoning area; Concept Lot 2 will have
zoning district for Concept approximately 15,826 sf of
Lots 1 —3) area; and Concept Lot 3 will
have approximately 9,946 sf of
area
139-16.A—intensity There is a 35 foot front yard Concept Lot 1 will be as close
regulations(waive setback setback in LUG-2 and a 15 as 14.1 feet from the easterly
requirements) foot side/rear yard setback side yard setback
139-16.A—intensity The ground cover ratio in the Concept Lot 1 will have a
regulations(waive ground LUG-2 zoning district is 4% ground cover ratio of
cover ratio) approximately 6.6%; Concept
Lot 2 will have a ground cover
ratio of approximately 16.4%;
and Concept Lot 3 will have a
ground cover ratio of
approximately 13.1%
139-16.D—intensity The regularity factor for lots Concept Lot 1 will have a
regulations(waive regularity shall not be less than 0.55. regularity factor of 0.40
factor)
139-20.1 —Driveway Access There shall not be more than #7 Benjamin Drive(Map 67,
(waive requirement of only one driveway access on a lot Parcel 506)will have two curb
one curb cut per lot) cuts on the lot. One curb cut
will serve the existing house at
#7 Benjamin Drive;the other
curb cut will be a portion of
the proposed asphalt driveway
servicing Concept Lots 2&3
4
9. Habitat proposes to subdivide Lot 17 — owned by the Nantucket Housing
Authority ("NHA") — into three lots, two of which will be improved with dwelling units
and one of which will remain under the control and continue to be used by the NHA for
storage/maintenance. NHA will grant Concept Lots 2 and 3 to Habitat with approval of
this request. The proposal includes Common Driveway, Access, and Utility easements
over adjacent Lot 8 (shown on Plan File 44-Y; 7 Benjamin Drive owned by NHA
Properties, Inc.) and proposed Concept Lot 1 (owned by the Nantucket Housing
Authority).
10. After reviewing the various building programs proposed by Habitat, the Board
favored the option which included a 2,600 sq. ft. duplex on Concept Lot 2. This option
would allow Habitat to place at least one of the proposed dwelling units on the
Subsidized Housing Inventory ("SHI") list. All three of the residential units on the
Habitat lots will be permanently restricted for affordable year-round housing.
11. The standards for review in this instance and those which the Board must address
are whether the grant of the Comprehensive Permit modification is reasonable and
consistent with local needs and whether any conditions imposed on the permit are
uneconomic.
12. After due consideration and discussion between the Applicant and the Zoning
Board of Appeals relative to the density, the need for adequate buffer areas, landscaping,
infrastructure, safety considerations, and additional parking, the Board made the fmding
that the Modification requested in connection with the proposed project, shown on the
attached "Exhibit A", is in harmony with the purpose and intent of the Zoning By-law
and is consistent with local needs and that the requested Waivers from the Nantucket
Zoning By-law associated with the proposed project, as shown in Chart above, may be
granted based upon the Applicant's ability to maintain the proposed project's economic
viability.
13. Therefore, based upon the forgoing, the requested MODIFICATION of the 1994
Comprehensive Permit to remove ¶5.e in Decision No. 030-94 to allow Lot 17 to be
divided into three lots, two of which are buildable, as shown on"Exhibit A", was granted
by a MAJORITY VOTE of four (4) in favor and one (1) opposed (Toole) subject to the
condition that all remaining relief and conditions set forth in Decision No. 030-94 and the
Modification in Decision No. 017-97 shall remain in full force and effect.
SIGNATUREFAGEMEULDAY
5
Assessor's Map 67, Parcel 515 Book 233, Page 26
Miacomet Village 40B Lot 17
Limited Use General - 2 Plan File 44-Y
Dated: December 12, 2019
11%
W°M‘11-alb
112+: McCa, h, __i
°.I 144b&ILL'
Lisa Botticelli
Edward Toole(a17,ered)
4r6t , ' • `i AL1 ...VL'
Michael . O'M. ,
A7 //Z
/' erim Koseatac f (Pr 411W
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
On theqril day of ) ,l,1ua , 2020, before me, the undersigned notary
public, personally appeared St..) MGC&v�1/L , one of
the above-named members of the Zoning Board of Appeals ntucket, Massachusetts,
personally known to me to be the person whose name is signed on the preceding
document, and acknowledged that they signed the foregoing instrument as their free act
and deed and voluntarily for the purposes therein expre•sed.
LLi '
_
MEGAN -Rt!QEL Off ial Signa : and Seal of Notary Public
Notary Public My commiss.i -xpires:
('(.,1 COMMONWEAITHOFMAssACHusETTs
My Commission Expires On
May 08.2020
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