HomeMy WebLinkAbout076-11 Nantucket Housing AuthorityTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET., MA 02554
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This agreement to extend the time limit for the Board of Appeals to make 2 decision, hold a public hearing, of
to take other -action concerning the application o;F
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of
the Massachusetts General Laws, Applicant(s) /Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time Emit
se'o For a public hearing on the application
oltr' For awritten decision
0 For other
Such application is:
0 An appeal from the decision of any administrative official
X A petition for a special permit
* A petition for a variance
* An extension
* A modification
The new time limit shall be midnight on
which is not enrLer tb2n
a time limit set by statute or bylaw.
The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter
for the applicant, in executing this -agreement waives any rights under the Nantucket Zoning Bylaw and the
State Zoning Act, as am ded to the extent, but only to the extent, inconsistent with this agreement.
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For Zoning Board of Appeals
I ii:.' ..i -. '. Town Clerk Stamp:
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Eff&ike Date of Agreement
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
TOWN OF NtVIN I U ETD
BOARD OF APPEALS
NANTUCKET, MA 02554 s M
File No. (/ Map 47 Parcel lit --0 :Z
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This agreement to extend the time limit for the Board of Appeals to make a decision, hold a Mblic4iaring, or
to take other action co cerning t i application f: r F
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Print For
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of
the Massachusetts General Laws, Applicant(s) /Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time limit
For a public hearing on the application
O For a written decision
O For other
Such application is:
O An appeal from the decision of any administrative official
A petition for a special permit
O A petition for a variance
O An extension
O A modification 7 - /� �
The new time limit shall be midnight on ' �/t, V" �� which is not earlier than
a time limit set by statute or bylaw.
The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter
for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the
State 4oning Act, as amAnded, to the extent, but only to the extent, inconsistent with this agreement.
'D6r Cony 'Board of Appeals
WN1 /&
Effective Date of Agreement
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
Town Clerk Stamp:
Print Form
File No. 076 - -11 Map 67 ' Parce1513 -
This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or
to take other action concerning the application of
Housing Assstance''Gorporatibri - '°
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of
the Massachusetts General Laws, Applicant(s) /Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time limit
O For a public hearing on the application
¢� For a written decision
o For other actin
Such application is:
O An appeal from the decision of any administrative official
O A petition for a special permit
O A petition for a variance
O An extension
O A modification
The new time limit shall be midnight on BePtetnber' 14 ' 2OI2
which is not earlier than
a time limit set by statute or bylaw.
The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter
for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the
State Zoning Act, as amended, to the extent, but only to the extent inconsistent with this agreement.
For Applicant (s) ( l
For Zoning Board of Appeals
�lf.s Town Clerk Stamp:
Effective Date o Agreement
2 Fairgrounds Road Nantucket Massachusetts 02554
508 -228 -7215 telephone 508 -228 -7298 facsimile
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Locus: Surfside Road at South Shore Drive
TOWN OF NANTUCKET ZONING BOARD OF APPEALS
FILE NO. 076-11
COMPREHENSIVE PERMIT
For
HOUSING ASSISTANCE CORPORATION
Surfside Road at South Shore Drive, Nantucket
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Assessor's Map 67, Parcel 513, Building Lots 1 -40, Open Space Lots 41 -47, and the fee in the
30' Right -of -Way as shown on the Definitive Cluster Subdivision Plan, entitled "Definitive
Subdivision Plan, Sachem Path, Nantucket, Massachusetts, Permitting Plans ", dated July 31,
2012 [ "Subdivision Plan "], recorded with the Nantucket Registry of Deeds in Plan Book
, Page . Deed Reference Book , Page
I. BACKGROUND OF APPLICATION
An application for a Comprehensive Permit pursuant to Massachusetts General Laws
[ "MGL "] Chapter 40B, Sections [ " § § "] 20 -23 [ "Statute "], to create a subdivision containing 40
building lots and seven (7) open -space lots as shown on the Subdivision Plan was filed with the
Nantucket Zoning Board of Appeals [ "ZBA "] by Housing Assistance Corporation
[ "Applicant "] on October 11, 2011, which was duly filed with the Nantucket Town Clerk
with the initial Public Hearing scheduled for November 10, 2011.
The location of the property that is the subject of this Application consists of one parcel
located at the corner of Surfside Road and South Shore Drive. Notice of the Public Hearing
on the Application was duly posted in the Town and County Building, was mailed to the
Applicant, abutters, owners of land directly opposite on any public or private street or way,
abutters to the abutters within three hundred feet of the property lines of the subject
property, the Nantucket Planning Board and other Town Agencies, and was published in
the Nantucket Inquirer and Mirror newspaper on October 10, 2011.
A Public Hearing on the Application was opened at 4 Fairgrounds Road, Nantucket, MA,
at 1:00 p.m. on November 10, 2011, and was continued to December 8, 2011, January
12, 2012, February 1, 2012, February 15, 2012, April 12, 2012, May 10, 2012, June 14,
2012, and July 12, 2012, during which the ZBA, Town Departments and Committees,
neighbors, and other interested parties discussed the plan and proposal with the Applicant.
The time frame in which the Board was required to close the public hearing was extended
from April 20, 2012 to July 12, 2012, as agreed upon by the Applicant and the Board. The
public hearing was closed on July 12, 2012. The time frame in which the Board was
required to render its decision was extended to September 14, 2012, as agreed upon by the
Applicant and the Board.
The members of the ZBA hearing this Application were Mr. Edward Toole, Chairman, Mr.
Michael O'Mara, Mr. Kerim Koseatac, Mrs. Lisa Botticelli, and Mr. Mark Poor. The ZBA
was assisted by Mr. Edward Marchant, a consultant, hired to advise on the Statute and
procedural questions; Mr. Ed Pesce, an engineer, hired to advise on technical aspects of the
proposal; and Mr. Jeffrey S. Dirk, a traffic engineer, hired to advise on site access questions.
The ZBA has not adopted local rules and regulations governing applications filed
pursuant to MGL Chapter 40B, and accordingly, the model rules prepared by the
Commonwealth of Massachusetts, Department of Housing and Community Development
(DHCD), are the rules applicable to this Application.
The Public Record of this Decision includes, but is not limited to, the Application,
including reports, plans, and specifications, supplemental materials listed in Exhibit B; the
correspondence between the Applicant and the ZBA, agency and peer review reports,
written material received during the public process; and such other information on file with
the ZBA at the Nantucket Zoning Board of Appeals office.
II. BACKGROUND OF MGL CHAPTER 40B
This is an Application, pursuant to MGL Chapter 40B, §§ 20 -23, for a Comprehensive
Permit to create a subdivision containing 40 building lots and seven (7) open -space lots as
shown on the Subdivision Plan. Single - family homes and site amenities are to be constructed
in substantial compliance with the Neighborhood Conceptual Design Plan and Representative
Site Landscape Plans, each dated April 2, 2012, and known as Sheets L1 Alt, L2 Alt, and L3
Alt. After the closing of the public hearing, the ZBA voted 1) four (4) to zero (0), on
September 13, 2012, with Mr. Edward Toole, Mr. Kerim Koseatac, Mrs. Lisa Botticelli, and
Mr. Mark Poor in favor and no one opposed, to approve the subdivision as shown on the
Subdivision Plan, and 2) four (4) to zero (0), on September 13, 2012, with Mr. Edward
Toole, Mr. Kerim Koseatac, Mrs. Lisa Botticelli, and Mr. Mark Poor in favor and no one
opposed, to approve the Comprehensive Permit consisting of 40 dwelling units of which
(as proposed by the Applicant) 12 homes will be affordable at or below 80% of area
median income and 28 homes be affordable between 81 and 150% of area median income
(see Section III(B)(2) below). All 40 dwellings will be detached, single - family homes in fee
simple ownership, which the ZBA found to be consistent with the neighborhood.
The housing is proposed pursuant to the Housing Starts Program of the Massachusetts
Housing Finance Agency (MassHousing), and a minimum of 25% of the dwellings (10)
will be sold to households whose annual household incomes do not exceed 80% of the
annual median income for Nantucket as defined by the U.S. Department of Housing and
Urban Development ( "HUD "), adjusted for household size, with no more than 30% of
household annual income going toward interest and principal mortgage payments, real estate
taxes, insurance, private mortgage insurance and any homeowners' association fees
[collectively "Affordable Homes "]. As previously noted, however, the applicant proposes
that twelve of the units will be such Affordable Homes. Four (4) of the Affordable Homes
will be provided by Habitat for Humanity Nantucket, and the remainder will be constructed
by the Applicant. All Affordable Homes shall be sold to households satisfying all
applicable income, asset, first time homebuyer, and other eligibility requirements for
inclusion of these Affordable Homes in the DHCD Subsidized Housing Inventory. All
marketing must satisfy applicable state and federal Fair Housing requirements. HAC shall
be responsible for assuring compliance with the applicable eligibility and Fair Housing
guidelines for the ten (10) Affordable Homes that are necessary to satisfy the minimum
25% affordable unit Chapter 40B statutory requirement, including the proposed four homes
to be completed by Habitat for Humanity Nantucket.
III. THE PUBLIC HEARING
A. Jurisdictional Requirements
At the first session of the Public Hearing, representatives of the Applicant as requested
gave an introductory presentation on the proposal, the site history, and the 40B process,
including a review of the jurisdictional requirements of the Statute. Mr. Marchant gave
a synopsis regarding the MGL Chapter 40B process and explained how the
Applicant satisfied the jurisdictional requirements of the Statute (see Section D
below) as well as the ZBA's role as the local permit granting authority. The
Application was continued to December 8, 2011, for a more thorough presentation.
B. Project Description
The Applicant, represented by Gisele Gauthier, of Housing Assistance Corporation;
attorney Andrew L. Singer, of the Law Office of Singer & Singer, LLC; consulting
engineer, Mr. Brian Kuchar, of Horsley Witten Group, Inc.; and consulting
architects, Mr. Rick Fenuccio, of Brown Lindquist Fenuccio & Raber Architects, Inc.
and Mr. Thomas Hartman, of Coldham & Hartman Architects, outlined the
Sachem's Path Development proposal. The land is currently owned by the
Nantucket Housing Authority and is held for the purpose of constructing affordable
housing. The land will be deeded to the Applicant. The original 50 -unit Request
for Proposals issued by the Nantucket Housing Authority was downsized to the
proposed construction of 40 single - family dwelling as previously discussed. Thirty -
six (36) of the lots will be developed and sold by the Applicant, and four (4) of the
lots will be gifted to Habitat for Humanity Nantucket for construction or relocation
of design- appropriate housing on such lots in compliance with the Comprehensive
Permit. The Nantucket Historic District Commission has reviewed design plans
proposed by the Applicant and will review and must approve any changes thereto,
as well as the proposed Habitat for Humanity homes.
Although HAC is gifting four of the lots to Habitat for Humanity Nantucket,
Applicant shall be responsible for monitoring Habitat for Humanity Nantucket's
activities and compliance with the terms of the Comprehensive Permit, the
Regulatory Agreement and any other applicable documents.
Phvsical Characteristics
The Property is a 9.12 -acre parcel located at the southwestern corner of Surfside
Road and South Shore Drive (Assessor Map 67, Parcel 513). The site is currently
undeveloped and is vegetated with trees and shrubs, with an open area in the central
portion with low- growing shrubs, grasses, and herbaceous species. The Property is
located in the Limited Use General 2 (LUG -2) District and is mapped as Priority
Habitat of Rare Species by the Massachusetts Natural Heritage and Endangered
Species Program. Hooper Farm Road is located across Surfside Road from the
Property. The Surfside Bike Path is located on Surfside Road along the eastern
Property boundary. A utility right of way bisects the site, extending south from
Hooper Farm Road. The Property is bounded by Town -owned lands to the north,
residential properties to the northwest, and privately- owned, undeveloped land to the
southwest. The closest buildings are residences to the west and east across Surfside
Road. There are no wetlands on the Property or within 100 ft. of the proposed
development. The project site is relatively close to the downtown commercial center
of Nantucket, and is within the service area for public infrastructure, including public
water supply, public wastewater collection and treatment, and public transportation.
Affordabilit
The proposed sales prices for the Affordable Homes are estimated to be
approximately between $205,400 and $260,000, for the one -to -three bedroom homes,
respectively, based upon current U.S. Department of Housing and Community
Development (HUD) income data adjusted for household size and the updated pro
forma submitted by the Applicant dated April 4, 2012. The maximum sales price
will be based upon an assumption that no more than 30% of the homeowner's
annual household income -shall be used for interest and principal mortgage
payments, real estate taxes, insurance, private mortgage insurance and any
Homeowners' Association fees. The proposed maximum sales prices shall be as
reviewed and approved by the Subsidizing Agency. The proposed sales prices
for the remaining homes are estimated to be approximately between $285,000
and $465,000, for the one -to -three bedroom homes, respectively. Final prices for the
Affordable Homes shall be established in accordance with State regulations prior to
unit marketing based upon applicable household income data and MassHousing
requirements or, if applicable, in accordance with the appropriate DHCD
Guidelines for "Housing Programs in which Funding is Provided Through a Non-
governmental Entity" in effect at the time the initial lottery is done. A "Window of
Affordability" shall be created for the Affordable Homes in that, although
household eligibility will be based upon 80% or less of median family income,
adjusted for household size, the initial sales prices for the Affordable Homes will
be established by assuming that household median family income is no greater
than 70% of median family income, adjusted for household size.. Habitat for
Humanity Nantucket (Habitat Nantucket) will price homes consistent with its
formula currently in use on Nantucket. However, any such Habitat Nantucket
pricing and marketing methodology shall satisfy all DHCD requirements for
inclusion of these four units in the DHCD Subsidized Housing Inventory. If any
Habitat Nantucket home does not satisfy these requirements, HAC shall be
responsible for substituting one of its 81% to 150% homes to assure compliance
with the Chapter 40B minimum 25% affordability requirement.
C. Public Comment
At each session of the Public Hearing, the ZBA asked for public comment.
Several residents from the surrounding area spoke or wrote at various times with
questions and/or concerns about plant habitat, market demand for the higher - priced
homes, and traffic patterns. Several residents of the community spoke in support
of the new housing.
The Chairman of the Nantucket Historic District Commission [ "HDC "] spoke about
the proposal, complimenting the Applicant for working closely with the HDC. The
HDC recommended that the houses be sited closer to the street to enhance a
"neighborhood feel ".
The Nantucket Planning Department submitted comments from the Senior Planner
and on behalf of the Planning Board in Memoranda to the ZBA dated November 5,
2011, December 8, 2011, and January 9, 2012, raising questions, comments, and
concerns about certain infrastructure, including roadway width, sidewalks and
pedestrian access, paved driveway aprons and parking space location, community
mailboxes, and open space delineation.
The Applicant submitted supplemental submissions on November 2, 2011,
December 1, 2011, January 5, 2012, January 30, 2012, February 13, 2012, April
12, 2012, April 27, 2012, May 2, 2012, June 6, 2012, and July 3, 2012. On behalf
of the Applicant, Horsley Witten Group, Inc. submitted a Site Entrance and
Traffic Review Letter dated January 4, 2012, and McMahon Transportation
Engineers & Planners submitted a Traffic Review Letter dated January 27, 2012.
On behalf of the ZBA, Vanasse & Associates, Inc. submitted a Site Access
Review dated March 1, 2012.
Habitat for Humanity Nantucket submitted a letter dated January 13, 2012, to the
ZBA. Habitat for Humanity Cape Cod submitted a letter dated February 28,
2012, to the ZBA.
Board members raised questions and there was substantial discussion about site
access and public safety, market demand for the higher priced Homes that would
have the same Resale Restrictions as the Affordable Homes, building design, shed
locations, landscaping, buffers, fencing, street lighting, Habitat Nantucket's
understanding of 40B marketing and eligibility requirements, expansion of
homes - particularly any increases in the number of bedrooms, waivers, and
conditions, among other matters.
D. Findings of Fact
The ZBA has jurisdiction to issue a comprehensive permit in
accordance with the Statute as follows:
a. Housing Assistance Corporation is a nonprofit organization.
b. The MassHousing Project Eligibility Letter [ "PEL "] dated
October 11, 2011, fulfills the requirement of 760 CMR 56
that "[t]he project shall be fundable by a subsidizing
agency under a low and moderate income subsidy
program." The PEL notes in part that it "...is intended to be
a written determination of Project Eligibility (Site Approval)
in accordance with the Comprehensive Permit Rules,
establishing fundability by a subsidizing agency under a low -
and moderate - income housing subsidy program. To the
extent that Project funding is provided by a non - governmental
entity (NEF), this letter is also intended to be a determination
of Project Eligibility ( "Site Approval ") by MassHousing
acting as Subsidizing Agency (formerly, "Project
Administrator ") under the Comprehensive Permit Guidelines
(the "Guidelines ") issued by the Department of Housing and
Community Development."
The Applicant has demonstrated site control through its
collaboration with the Nantucket Housing Authority, the
successful completion of the RFP process, and the
proposed purchase of the land in connection with
developing the proposed subdivision.
2. The Project is consistent with local needs:
a. Based on the statistics maintained by DHCD and
presented by the Applicant, the Town's housing
stock does not satisfy the State's goal of 10% of
its year -round housing units dedicated to low and
moderate - income level households. This is despite
the fact that the Town and Nantucket Housing
Authority have made significant efforts and
numerous housing initiatives, including actions
taken at Annual Town Meetings, all in an effort to
meet the substantial community need for housing.
b. Although the proposed density is significantly
above that allowed by the current zoning district
(LUG -2), the ZBA finds both higher and lower
actual density within the area. The ZBA required
modifications including setbacks from Surfside
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Road and dedicated open space, one -way traffic
flow and sidewalks on the loop portion of the
subdivision road, and other site changes agreed
upon with the Applicant through the public
hearing process that have significantly reduced
and/or mitigated potential impacts to the
neighborhood. The subdivision will connect to the
nearby municipal sewer and water service.
E. ZBA Discussion and Vote
After ZBA discussion at its meeting held on July 12, 2012, a
Motion was made by Mr. Poor, seconded by Mrs. Boticelli, to
close the public hearing regarding this Application. The ZBA
deliberated regarding the application at its properly - posted
meeting on September 13, 2012, after which two separate
motions were made and voted as follows: 1) a Motion was
made by Mr. Poor, seconded by Mrs. Boticelli, to approve the
Subdivision Plan, and 2) a Motion was made by Mr. Poor,
seconded by Mrs. Boticelli, to approve the Comprehensive
Permit and to allow only those waivers from the Nantucket
local By -laws and regulations as shown on Exhibit A attached
hereto and incorporated herein by reference and to incorporate
Conditions as set forth in Section F below into the Comprehensive
Permit. The ZBA fmds that relaxing certain restrictions is
necessary to ensure affordability, but that the following
conditions and restrictions are necessary to protect the public
health, safety and environment and that such conditions and
restrictions would not make the project uneconomic.
F. Conditions
The Comprehensive Permit is issued upon the following conditions:
1. Except as may otherwise be required by this Decision, Sachem's
Path shall be constructed in substantial compliance with the
Subdivision Plan, the Neighborhood Conceptual Design Plan, the
Representative Landscape Plans, the Phasing Plan and the other
plans of record (as most recently amended), listed in Exhibit B
and incorporated herein by reference. Any deviation from these
plans ruled by the Zoning Enforcement Officer to be material
shall be reviewed as a modification of this Comprehensive Permit
and shall be reviewed as set forth in 760 CMR 56.00.
2. As proposed by the Applicant, Sachem's Path shall be limited to
no more than 40 detached, single- family dwellings to be held in
fee simple ownership. As proposed by the Applicant, the twelve
Affordable Homes shall be restricted to households at or below
80% of area median income as defined by HUD and as adjusted
for household size and the remaining homes are restricted to
households between 81% - 150% of area median income,
adjusted for household size. Total bedrooms for the site shall not
exceed 97 bedrooms, which are proposed in one, two, and three -
bedroom homes. The Applicant has stated that the sewer
allocation for Sachem's Path can accommodate all proposed
bedrooms in the subdivision.
Construction Mana eg ment
3. Thirty -six homes (36) shall be constructed by HAC in accordance
with bona fide Purchase and Sale Agreements. Two homes shall
be constructed as Marketing Models. Four homes (4) shall be
constructed by Habitat Nantucket. No lots shall be sold by either
HAC or Habitat Nantucket until Certificates of Occupancy have
been received for each respective lot.
4. Prior to submitting an application for a building permit for the
first lot, the Applicant shall submit the following information
and /or plans to the Zoning Enforcement Officer for review for
consistency with the Comprehensive Permit, the Applicant's
representations to the Board during the Public Hearing and the
materials submitted by the Applicant into the record of the Public
Hearing:
a. Definitive Subdivision Plan, suitable for recording,
showing all lots with metes and bounds descriptions,
utility easements, drainage and swale easements (if
applicable), and 40 -foot open space line along Surfside
Road;
b. Final Conceptual Neighborhood Site Development Plan,
not to be recorded, and House -Lot Models Options Master
List showing minimum setbacks, proposed building
footprints and style or type options that are suitable for
each lot;
Roadway Plan or Plans showing cross - sections, grade, and
drainage details;
d. Utility Plan or Plans showing all electric, cable television,
telephone, public water, and other infrastructure on site;
Sewer Plan and Profile showing the sewer connection line
to be constructed;
f. Final Grading and Drainage Plan and Erosion Control
Plan;
g. Final Landscape and Planting Plan, prepared by a
Registered Landscape Architect, including a planting
schedule identifying species, sizes, quantities of trees and
other plant materials, and planting details. The Applicant
shall also provide a landscaping security escrow in the
amount of $50,000.00 to be held by the Town of
Nantucket, pursuant to G.L. c.41, §81U(par.7)(2). Such
Landscaping and Planting Plan shall not include pitch
pines and shall state that trees will be minimum four -inch
caliper;
h. A description and location for the proposed staging of
equipment, construction material, parking, and soil
stockpiles including measures designed to protect the
sewer force main crossing the Property;
Legal documents in their final draft form including
Regulatory Agreement, Universal Deed Rider, and
Declaration of Protective Covenants; and
j. Proposed Homeowner's Association budget identifying all
estimated Association fees.
The Applicant shall incorporate best management practices to
control erosion, sedimentation, and dust during construction as
indicated on the plans, including but not limited to watering and
seeding stockpiles of earth material as necessary to prevent dust
or other nuisance, and reseeding any disturbed areas in which no
work takes place for more than thirty days. Long -term (more
than six months) storage of stockpiles of material shall be
prohibited.
6. Prior to the start of infrastructure construction, a pre - construction
meeting shall be held among the Applicant, the Applicant's
contractors, utility company representatives, the Board's
representatives, representatives of the DPW and the Wannacomet
Water Company, and the Board's engineering consultant who
will be involved in the inspection of the road and drainage
improvements. The Applicant shall provide for a Project
Representative to be on site who will be responsible for on -site
activities.
7. The Applicant shall install, at its own expense, the improvements
stated herein. Except as provided herein, no building permits
shall be issued until completion of the infrastructure serving the
development. Notwithstanding the foregoing, the Applicant shall
be allowed to construct two (2) houses to serve only as marketing
models at the same time as the infrastructure installment. No use
of these two marketing models other than for marketing purposes
shall be allowed until such time that Certificates of Occupancy
are duly issued for the subject model homes.
The Applicant shall be responsible for completion and
maintenance of all infrastructure and compliance with this
Decision until all of the homes in the development are
constructed and sold. Thereafter, the Homeowners Association
shall bear such responsibility.
9. The interior sidewalk as shown on the Neighborhood Conceptual
Design Plan shall be constructed of a precast concrete curb with a
concrete sidewalk.
10. Concrete driveway aprons shall be as shown on the plans.
11. The construction of road and drainage improvements cited in this
Decision shall be inspected by the Board of Appeals' engineering
consultant. The cost for such inspection shall be the
responsibility of the Applicant in accordance with the standard
protocol for such inspections required by the Planning Board for
subdivisions.
12. There shall be no construction activity on Sundays and legal
holidays. All exterior construction activity (including, without
limitation, use of power tools, excavation equipment, and
landscaping activities) shall not begin prior to 7:30 am, nor
continue after 7:00 pm on weekdays. All exterior construction
activity shall not begin prior to 8:00 am, nor continue after 6:00
pm on Saturdays. Further, these time limitations shall apply to
the outdoor set -up and assembly of power tools and equipment,
whether or not the intent is to use such equipment inside houses
under construction.
13. Following completion of the road and drainage improvements
described above, the contractor shall provide as -built plans to the
Board's engineering consultant. These plans shall document
substantial compliance with the improvements specifications
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required by the Board.
14. Preserved open space shall be delineated with a split rail
fence in those locations shown on the Plans and shall be
considered permanently protected open space consistent
with M.G.L. Chapter 40A § 9. The split rail fence shall
be erected prior to application for any building permits.
The Applicant shall be responsible for maintaining this
fence in good order until all of the homes in the
development are constructed and sold. Thereafter, the
Homeowners Association shall bear such responsibility.
15. During construction of infrastructure for the project, clearing and
site work shall be limited to the areas necessary for such
infrastructure improvements. Lots in the development shall only
be cleared and/or graded as building permits are issued for such
lots.
16. Any area that is cleared /disturbed, in which construction does not
proceed diligently and in good faith, shall be restored and/or
made safe by the Applicant at the direction of the Building
Inspector.
17. Prior to issuance of a building permit for each lot, the proposed
home design and siting on the lot shall be approved by the
Historic District Commission. No waiver of such requirement is
granted hereby.
Subdivision Management
18. A Homeowner's Association (the "Association ") shall be
established by the Applicant for the maintenance of all common
areas including roadways, drainage facilities, swales, sidewalks,
mailboxes, emergency access gate, perimeter fencing and open
space. The Association shall be governed by the Declaration of
Protective Covenants submitted to the Board of Appeals during
the Public Hearing. The Association may be legally created,
accept deeds to the roads and common facilities and undertake
other administrative and organizational actions, but shall not
assume road, infrastructure maintenance or open space and
mailbox management until all of the infrastructure is completed.
Upon its formation, the Association shall be initially endowed by
the Applicant in the amount of $250.00 per lot and shall
determine monthly fees for common area maintenance. The
Association shall administer the fund. The Association may
promulgate rules and regulations, consistent and in compliance
with the terms and conditions of this Decision and the documents
referenced herein. These rules and regulations may include, but
are not limited to, setting standards regarding (1) the conduct of
its residents, (2) appearance of property, (3) minimum
maintenance requirements, (4) procedures to address nuisance
issues such as problematic pets, (5) parking, and (6) conditions
related to the use of open space and mailboxes.
19. The following conditions and rules and regulations shall be
binding upon Owners, Occupants and the Association, under the
authority of the Association, its agents, designees, and assigns:
a. All of the homes are to be owner - occupied, and rentals are
not allowed except under the limited circumstances
contained in the required Universal Deed Rider.
Notwithstanding the above, rentals of individual rooms are
not allowed. This condition shall also be reflected in the
Declaration of Protective Covenants;
b. Each lot shall contain only a single- family home, to be
occupied by no more than two (2) adults per bedroom.
This condition shall not apply to minor children under 18
years of age, except that in no case shall total occupancy
of the homes exceed three (3) persons per bedroom,
including adults and minors, and subject to the
requirement that only a single household unit shall occupy
each residence. No homes shall be occupied as a
dormitory, employer dormitory, rooming house or like
housing, as such housing may be defined by the
Nantucket Zoning By -Law;
Except for the four Habitat for Humanity homes, there
shall be no bedrooms in the basements. In the Habitat for
Humanity homes, one (1) of the allowed bedrooms in
such homes may be located in the basement provided that
the total number of bedrooms in such homes does not
exceed three (3) and any basement bedroom satisfies all
applicable building code requirements.. The remaining
thirty -six homes in the subdivision shall include bulkhead
access and egress from the basements, respectively; in
addition there shall be no full size windows or window
wells in basements.
d. No Owner may add secondary dwelling units, apartments,
or studios. The attics in the homes shall not be finished,
and there shall be no expansions to the building footprints;
e. Fences and sheds for the storage of garbage receptacles,
12
lawnmowers, bicycles, toys, and similar items may be
allowed by written consent of the Association and upon
receipt of a Certificate of Appropriateness from the
Historic District Commission, and must be constructed
pursuant to a duly issued building permit. Sheds and
outbuildings shall maintain a minimum five (5) foot side
and rear setback from all property lines;
f. The Association shall have the authority and lien powers
to collect monthly dues, including the power to impose
reasonable fines for failure to comply with the conditions
of the Comprehensive Permit;
g. Among other uses, Association fees collected may be used
to maintain adjacent portions of all Subdivision Roads,
and to provide for snow removal, until, if and when, the
Town or County of Nantucket assumes this responsibility;
h. The Owners shall keep their exterior areas in a high state
of maintenance and cleanliness, with the Association
having the power to enforce compliance and to take such
curative or remedial action as the Association may deem
necessary and to place liens on units for the Association's
expenses incurred in so doing;
The Association shall keep the roads, catch basins,
drainage infrastructure, cluster mailboxes, and other
common areas and common improvements in a high state
of maintenance and cleanliness;
There shall be no parking, storage or use of house trailers, portable
houses, tents or other temporary shelter on a lot. No unregistered,
uninsured or inoperable vehicles, campers or recreational vehicles
shall be allowed on -site. Except as herein provided, no boats
greater than 21 feet in length and no unregistered or junk vehicles
or parts thereof shall be kept or stored in the open on any of the
lots. Boats 21 feet or less in length shall be registered, if required,
and may be kept or stored on a lot provided that they shall not be
located in a front yard. Overnight parking of commercial vehicles
other than pickup trucks, vans and other passenger vehicles used in
association with a resident's profession or business shall not be
allowed.
k. Exterior /outdoor lighting shall be low- wattage, uni-
directional, downward facing, and prevent glare from
occurring on adjacent property outside of the subdivision;
13
Owners wishing to make changes to their homes that the
Zoning Enforcement Officer determines to be minor and
that vary from the final plans identified herein must apply
for and receive a Certificate of Appropriateness from the
Historic District Commission if the changes are subject to
normal Historic District Commission jurisdiction and
permission from the Association is granted; and
m. All driveways shall be gravel or shell, with a minimum of
two (2) off - street parking spaces on each lot. Four (4)
foot minimum concrete driveway aprons shall be
constructed at the intersection with all paved roadways.
20. Deeds to all lots shall include reference to the Association, and
the Association's authority to impose maintenance fees and to
enforce the rules and regulations of the Association.
Programmatic Issues
21. As proposed by the applicant, affordable units at the 80% median
family income level shall be distributed throughout the
development, and they shall be constructed and receive
Certificates of Occupancy in a ratio of not less than one (1) 80%
income level affordable unit for every three (3) 81% -150%
median family income level affordable units until all lots are sold.
22. The legal documents to be entered into between the Nantucket
Housing Authority and the Applicant in connection with the
transfer of the Property to the Applicant shall include language
that if the Applicant decides in the future not to complete the
subdivision, the remaining undeveloped lots shall at that time be
re- transferred back to the Nantucket Housing Authority for
nominal consideration and lien free other than existing liens of
record at the time of the sale of the property to the Applicant by
the Nantucket Housing Authority. No lot or other portion of the
property shall be pledged as security or otherwise transferred or
alienated by the Applicant, except that a lot for which there is a
valid purchase and sale agreement with a buyer may be used to
secure a construction loan for the construction of a home thereon.
23. Subsequent to the end of all applicable appeal periods and prior to
the commencement of construction, the Applicant shall record
this Decision with the Nantucket Registry of Deeds senior to any
other liens on the Property and shall provide the ZBA and the
Building Department, including the Zoning Enforcement Officer,
with a copy of the Decision as recorded.
14
24. This Comprehensive Permit shall not be transferable without the
prior written approval of the ZBA.
25. Except to the extent modified by the conditions, the Applicant
shall be bound by the submissions contained in the Application
(as revised) and shall be bound by the representations made by
it, or on its behalf, at the public hearings and meetings held to
consider the granting of this permit.
26. The terms, provisions, and conditions of this Decision shall bind,
burden, and benefit the successors and assigns of the Applicant
and run with the land.
27. The Applicant shall provide the following permits and/or
documentation of compliance with the following environmental
programs and or requirements before any site clearing:
a. Sewer Connection Permit; and
b. Massachusetts Endangered Species Act (MESA).
28. The Applicant must identify an independent monitoring
agent, acceptable to MassHousing, to monitor the sale of
the units in the project to eligible purchasers (Eligibility
Monitoring), pursuant to the Regulatory Agreement
described in Paragraph 24 below. The Applicant shall
bear all reasonable costs for the monitoring agent's
contract/services. In addition the Applicant shall bear all
reasonable costs for the Limited Dividend monitoring that
shall be done by MassHousing.
29. The Applicant and Monitoring Agent shall execute a
Regulatory Agreement, governing affordability, consistent
with G.L. c.4013 affordability requirements. The Universal
Deed Rider required by the Commonwealth of
Massachusetts shall be executed and recorded for each
Affordable Unit
30. The Affordable Units and all other units shall be marketed
and sold with preference for Nantucket residents to the
fullest extent legally permissible and subject to approval by
MassHousing.
31. Prior to the start of site work or construction, the
Applicant shall obtain Final Approval from
MassHousing and shall execute a Regulatory Agreement
with MassHousing which shall be recorded, at the
15
Nantucket Registry of Deeds, with a marginal
reference to the deed or deeds for the Locus to the
Applicant. No building permits shall issue for the
project prior to Applicant's receipt of the Final
Approval from MassHousing.
32. The Applicant shall contemporaneously provide the
ZBA with copies of the audited final cost certification of
all revenues and expenses, including any rebates received
from suppliers and any additional income received from
Buyer Options or Upgrades, as well as all other financial
reports and documents required by the the Monitoring
Agent and MassHousing. Since the land was donated to
the Housing Authority, which in turn is donating it to the
project, and since the Town is donating substantial
funding for the project, the Applicant has voluntarily
committed that if there is an excess of developer profit
beyond 15% of certified costs at the time of final cost
certification, such audited, excess amount shall be paid to
the Nantucket Housing Authority to use in advance of the
Authority's Mission. The Applicant has further
committed that, notwithstanding the foregoing, the
Applicant shall not disburse any sales, financing, grant or
other revenue toward its Development Fee. until after
the project is complete. The Applicant may disburse
such revenue for reasonable and certifiable Development
Overhead costs. The purpose of this conditions is to
maintain an adequate cost contingency to be able to
complete the Project in accordance with the terms of the
Comprehensive Permit.
33. This permit shall not become final and may not be
exercised until all outstanding consultant fees, including
those of town counsel, incurred by the ZBA in relation to
its review of this Application have been paid by the
Applicant. Such fees incurred subsequent to issuance of
this permit shall be paid prior to issuance of building
permits.
[Continued Next Page for Signatures.]
E
It is therefore the Decision of the Board of Appeals e to RA zeroApplication with the
conditions and requirements herein provide y
Dated: September �� , 2012
17
EXHIBIT A
LIST OF EXCEPTIONS (WAIVER LIST) ATTACHED
18
Project Name: Sachem's Path
Project Number: 10088
Date: April 9, 2012
Revised: June 6, 2012
July 3, 2012
July 16, 2012
Horsley Witten Group
REQUESTED- WAIVERS
Zoning Bylaw (date)
Required
Provided
Status
Section 139- 8A(3), (4)& (16):
Minimum Lot Size for zone LUG -2 =
Minimum Lot Size
Waiver
Exception for cluster development;
10,000 sf
= 5,274 sf (includes buffer)
requested
major residential development
Minimum Lot Frontage = 20'
Minimum Frontage = 26'
special permit; Nantucket Housing
Number of Lots
Number of Lots = 40
Needs Program; secondary
residential lots for year -round
residents.
Section 139 -8A(3) &(3)(a):
Setbacks:
Setbacks:
Waiver
Exception for cluster development;
Front = 15'
Front = Varies 4.9' min.
requested
major residential development
Side /Rear = 10'
Side /Rear = Varies 5.1' min.
special permit; Nantucket Housing
Needs Program; secondary
residential lots for year -round
residents.'
Section 139- 8A(3)(c): Exception for
In any LUG -Zone, a minimum buffer
Front buffer = Varies from 40'
Waiver
cluster development; major
of 50 feet of permanently restricted
to 15' as shown on the plans
requested
residential development special
and undisturbed open land shall be
Side /Rear Buffer = Varies
permit; Nantucket Housing Needs
required between the proposed lot
from 25' to 0' as shown on the
Program; secondary residential lots
line of any cluster lot and the
plans
for year -round residents.
outside boundary of the tract to be
subdivided. However, the Planning
Board may increase, reduce or
waive this requirement.
Section 139 -16A : Except as
See Section 139 -8A above
See Section 139 -8A above
Waiver
expressly provided by § 139 -33 of
requested
this chapter, no structure or building
shall be constructed or used, and no
lot or parcel of land shall be built
upon, improved or used, and no lot
shall be changed in size, shape,
boundaries or frontage, unless in
conformity with the requirements set
forth in the Zoning Table.
Section 139 -16D : Regularity
The regularity factor of any lot shall
Lot regularity factor varies
Waiver
formula.
not be less than 0.55.
and does not meet the
requested
required factor of .55.
Section 139 -20.1 B(2)(a):
Driveways shall be designed and
Runoff from driveways are
Waiver
Regulation of Driveway Access 2
constructed so as not to result in the
directed onto the right -of -way
requested
direction of stormwater runoff, and
to allow for treatment and
soil, stones, or other debris, onto or
recharge.
within the intersecting right -of -way.
H: \Projects \2010 \10088 HAC- Nantucket \Background and Research \10088 Project Info!mat;on.xls 1 of 6
Project Name: Sachem's Path
Project Number: 10088
Date: April 9, 2012
Revised: June 6, 2012
July 3, 2012
July 16, 2012
Horsley Witten Group
v REQUESTED" -WAIVERS r�
Section 139 -20.1 B(2)(a):
No driveway access shall be located
Nearest driveway point to
Waiver
Regulation of Driveway Access2
closer than 25 feet from the curb
intersection street is 21.4'
requested
line of an intersecting street,
measured from the nearest point of
the driveway.
Section 139 -20.1 B(2)(d):
Any new or modified driveways
Concrete aprons with a depth
Waiver
Regulation of Driveway Access
intersecting with a paved road shall
of 4' are proposed.
requested
have a cobblestone, Belgium Block,
concrete, brick, or asphalt apron
with a flared width of not less than
15 feet, and a depth behind the
edge of pavement of no less than
10 feet
Section 139 -23: Site Plan Review2
Waiver
requested
Notes:
The Planning Board may, by special permit, as part of its decision for a cluster development, reduce by up to 100%
the allowable side and rear lot line setbacks, provided that the Planning Board finds that such a change will not have
an adverse effect on the neighborhood and will promote the purposes and intent of this section.
2 Waivers. The Planning Board may grant a waiver to any of the requirements of this § 139 -20.1 through the granting
of a special permit, provided that, in addition to finding that the requirements of § 139 -30 have been satisfied, the
Board finds that the granting of the special permit would not have a significant and adverse effect on the scenic or
historic integrity of the neighborhood, and is not contrary to sound traffic and safety considerations.
HAProjects \2010 \10088 HAC- Nantucket \Background and Research \10088 Project Information.xis 2 of 6
Project Name: Sachem's Path
Project Number: 10088
Date: April 9, 2012
Revised: June 6, 2012
July 3, 2012
July 16, 2012
Horsley Witten Group
REQUESTED WAIVERS
Subdivision Regulations
Required
Provided
Status
Section 4.03a(1) Street width
(1) A minor subdivision street
20' road width is maintained,
Waiver
which, in the opinion of the Board,
but road section will vary from
requested
provides access to abutting lots,
Section 5, specifications for
and is not intended for use by
Construction of the Required
through traffic, shall be paved to a
Improvements and as shown
width of not less than twenty (20)
on Plate No. 5 in Appendix A.
feet and shall be designed and
Cape Cod berm will be
constructed in conformance with
provided along both sides of
Section 5, Specifications for
the road where sidewalks are
Construction of the Required
not provided.
Improvements and as shown on
Plate No. 5 in Appendix A.
Section 4.03(e) Minimum Design
Minor Street:
Minor Street:
Waiver
Standards for Streets
Width of Layout: 40'
Width of Layout: 30'
requested
Width of Roadway: 20'
Width of Roadway: 20'
for Width,
Min. Centerline Radius: 200'
Min. Centerline Radius: 80'
Layout and
Max. Centerline Grade: 10%
(inner loop)
Min.
Min. Centerline Grade: 0.5%
Max. Centerline Grade: 5%
Centerline
Min. Curb Radius at Intersection of
Min. Centerline Grade: 0.5%
Radius.
Street: 15'
Min. Curb Radius at
Intersection of Street: 15'
Section 4.09 - Shoulders
Pitched shoulders shall extend 4
4' shoulders will be provided
Waiver
feet immediately outside the treated
where Cape Cod Berms are
requested
surface, and the slopes joining
located, but not where
sideline of right -of -way to natural
concrete curb and sidewalks
grade shall not be steeper than two
are provided. See typical
(2) horizontal to one (1) vertical. The
cross section.
four (4) foot shoulder shall be
spread with four (4) inches of loam,
and seeded with grass seed. The
remaining area disturbed during the
construction program shall be
cleared of rocks, stones, or other
debris and also spread with four (4)
inches of loam, and seeded with
grassed. The plane of the loam on
the strip between the sideline of
right -of -way and the shoulder shall
be two (2) inches above the plane of
the loam and the seeded shoulder.
(See Appendix A, Plate No. 5 for
typical cross - section)
HAProjects \2010 \10088 HAC- Nantucket \Background and Research \10088 Project InformationAs 3 of 6
Project Name: Sachem's Path
Project Number: 10088
Date: April 9, 2012
Revised: June 6, 2012
July 3, 2012
July 16, 2012
Horsley «Vitten Group
REQUESTED WAIVERS -
Section 4.16(2) - Landscaping
Any combination of planting of new
Per the requirements for zone
Waiver
Planting requirements (LUG -3)
species and preservation of existing
ROH, R1,2,10, RC,RC -2 and
Requested
vegetation which will demonstrate to
LC, the developer is seeking
the satisfaction of the Board that (1)
to place close to one tree per
future dwellings will be suitably
lot along the street to
screened from roads and from each
enhance neighborhood
other and (2) the entire subdivision,
character and provide shade.
including lot and road siting and
A vegetated buffer will be
landscape plantings, has been
maintained between Surfside
planned with attention to the
Road and the proposed
topography of the site so that the
development and plantings
natural character of the landscape
along the proposed roadways
has been preserved and enhanced.
will be provided as shown on
the plans. The developer is
requesting a waiver from the
screening requirements
between lots.
Section 4.17 Fire Alarm Systems
Fire alarm systems shall be
Fire alarms are not provided.
Waiver
and Emergency Water Supply
required where applicable;
Requested
Systems for Fire Fighting
installation and design shall be
approved by the Chief, or the
Superintendent of Fire Alarms of the
Nantucket Fire Department.
Section 4.18 - Sidewalks
Sidewalks, having a width of not
4' wide concrete sidewalks
Waiver
less than four (4) feet, constructed
are provided at the entry
requested
of either brick or Portland Cement
drive, on one side of the inner
Concrete shall be installed on both
loop road and on one side of
sides of the roadway along each
the road leading to South
way in a subdivision. Sidewalks
Shore Drive emergency
shall be constructed in accordance
access as shown on the
with the latest revision of the Rules
drawings.
and Regulations of the
Massachusetts Architectural Access
Board (521 CMR). Final decision as
to the requirement and type of
sidewalks will be at the Board's
discretion with due consideration
being given to size and number of
lots in the subdivision, population
density of the subdivision, and
location of the subdivision in regard
to walking distance to both existing
and future schools, shopping
districts, etc.
HAProjects \2010 \10088 HAC- Nantucket \Background and Research \10088 Project InformationAs 4 of 6
Project Name: Sachem's Path
Project Number: 10088
Date: April 9, 2012
Revised: June 6, 2012
July 3, 2012
July 16, 2012
Horsley Witteri Group
'REQUESTED , WAIVERS -
<,... ;.
Section 4.19 Bicycle Path
Bicycle paths shall be required.
Due to limited land area an
Waiver
interior bicycle path will not be
Requested
provided within the
subdivision, but a connection
to the existing path on
Surfside Road will be
provided.
Section 4.22 - Curbs and Berms
All streets shall have bituminous
Cape Cod berms are
Waiver
concrete "Cape Cod Berm ", vertical
proposed in the areas where
Requested
granite, or precast concrete curbing
sidewalks are not provided
at the discretion of the Board and
and a concrete curb will be
shall be placed on both sides of all
provided in areas where
roadways. In the case where
sidewalks are proposed.
granite or precast concrete is used,
the curbing shall extend along the
entire circumference of curves plus
six (6) feet at all intersections from
the point of tangency along the side
of each roadway. The Board may
waive "Cape Cod Berm" in places
where the road's design grade is
less than three (3) percent.
Section 4.24 - Driveway Aprons
Driveway aprons of cobblestone,
Concrete aprons are
Waiver
Belgian block, concrete, brick, or
provided, at a depth of 4'
Requested
asphalt shall be provided for each
minimum into the proposed
lot in the subdivision. Aprons shall
driveways.
extend from the traveled way to two
(2) feet beyond the outer edge of
any on -site sidewalk /bicycle path or
two (2) feet beyond the lot line,
whichever is farther. Turning radii
shall be provided at each apron's
intersection with the traveled way,
and apron width may not be less
than ten (10) feet. The Board may
require that common aprons be
provided for adjoining lots. The
Board may modify these
requirements to meet local
topographical conditions.
HAProjects \2010 \10088 HAC- Nantucket \Background and Research \10088 Project InformationAs 5 of 6
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EXHIBIT B
DEFINITIVE SUBDIVISION PLAN ATTACHED
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” PERMITTING PLANS
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ro DEFINITIVE SUBDIVISION PLAN — +ucrsf, zoiz ""`r• =so'
EXHIBIT C
INDEX OF DOCUMENTS INCORPORATED BY REFERENCE HEREIN
A: List of Waivers (See Exhibit A)
B: Application Materials, Supplemental Information and Applicant
Correspondence
C: Updated Pro Forma dated April 4, 2012
D: Nantucket Planning Department Memoranda to the ZBA dated
November 5, 2011, December 8, 2011, and January 9, 2012
E: Vanasse & Associates, Inc. submitted a Site Access Review dated
March 1, 2012
F: Habitat for Humanity Nantucket letter dated January 13, 2012
G: Habitat for Humanity Cape Cod letter dated February 28, 2012
H: Law Office of Singer & Singer, LLC, Supplemental Submissions
dated November 2, 2011, December 1, 2011, January 5, 2012,
January 30, 2012, February 13, 2012, April 12, 2012, April 27,
2012, and May 2, 2012
I: Horsley Witten Group, Inc. Site Entrance and Traffic Review
Letter dated January 4, 2012
J: McMahon Transportation Engineers & Planners Traffic Review
Letter dated January 27, 2012
20
ExHIe1T A
LIST OFEXCEPTIONS (WAIVER LIS
T) ATTACHED
18
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�r y§ 139' 3
' no of
)str tUr or
of /ant�Q or use p, Gui /d /n9
30, or Se a / /�jeb m o"no
'd in site and no /ot
Dnta9e, U shape
le re4ui. n /eSS in
Tab /e ei"ents sAt
°ice um SRi2e 9< o f
4ir e
C/
10 fMni e or
otP ps 2one<6
umber of 4 o S9e 2 p,
Sae/ %nt a 1S
Rearms 1p,
/111
na feet
Una;st 'berm �'ni
4Uire urbe ahe �u/n
V d ntl b
fe ofan be4veen °pen /ah restrct�h
yiUe b041/70(a c /1sterl to hL
Dr0p0 steal /be
laed• of fh� tatheseal0t
th SaYIII Seever, the act to be p, In
re9uirement educe or n'n9
`Sect /o� X39 8A
above
C) It be less than 0.55. o fany
Access 2 �r��ewa,,
wire —w so as not zj'gned
so
of nd
Within tone oo hwaterto nod t in ti
s runoff the Intersecting debris, onto and
or
right_of way.
�t��ket16ackgrou
nd and Poo,,- • .
'pro
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Minima Sf ( /nc <ot Si2e
es U
Numberof`ola9� 2 erJ
s °4 6
o �
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Varies S �/n
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s
r Waiver
e9c,
ested i
re waiver
guested
1$, -. II c
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ro
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ans p S oufI ep as s ho re s re9waiv ew non uest
a
re9uesfL.d
�at t re9vlarit
d does y factor
vearies
factOr
2Uno fea
f SS
waver
requested
rectedfrom drivew
onto ays are
har9efor treatmen an f way
waiver
d
re guested
PAO-
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eat �dp�U 2'o ,0088 S path
ne 2
✓ �y 6 :,o 2
2072
Section
Re94 /ation392Q 7B
of�r��e�dyq�
Sect /o cress? N RF 'tte
I'
Re
9U /ation of'o 7e�2J( /ire Of that 2 acre S FO lva�
t �e�ayq qnty he n a � r ,Odn y ers theel, 9 f o st re a / /e bce tvon u �rO Cce ss? e e b Fait4eS d N
n et e
Se chase der / g °di fe earestpOint ° f trite sect,. /k, .
cft °n /3923 1 "tth d f /tecbbb /est " "9 egr0aYs n street '00.
/ 4
N Stte p 0,1 Sfeet ared tvk ords ee /9/U adsh C wai
°tes: /an Re / 9e O f a00, tdth O f pha /t ra % aii O f oncret re9U der
T �� p /dnntn ;ems 0 feet pd�e� o b eSs �� ck 4 are p o�osns �tth ested
eddb /e sg eOdrd no /ess the n ed. a depth
,ers
effect td e, �o yspecta hd n re9ues er
,ct d /pee p /anni he nej9hb t ne set /perms /t, ed
ids th
Per Pro rig eO orhoo backs d spa
to at the I drd (I prop rt0 /t
9rtt1,O fth� �� g of ea". r- nt y i/ /Arose �thdttheepsion for
t ghbOrh od pec a/ on t f �d to dnY the pvrp /Sen/ng eo /USter de �
ands n°or�it w �9 that thethe re9u/ s and;t�t� fads th /opnent req✓esteea
cOntra"�to Stha�� 9ui,%, rents O ft °f th /s 11 41ch a 4ce byU �ecg oUnd tra�sancant f 39 �7ag 20 ange i t, /// n0t OOi
dsaf ety �d or /7C �ebe n Sa9h the 9r d �e
erdtio 0n the s sac ost/n9
r
19�oUna and Research I 1
0088 p�O1ect /nfermat%
on kls