HomeMy WebLinkAbout04-16 106 Surfside Road site plans in hard copy filed in vault dead projectSURFSIDE COMMONS, NANTUCKET, MA
APPLICATION FOR COMPREHENSIVE PERMIT
TABLE OF CONTENTS
I. REQUEST OF THE NANTUCKET ZBA TO ISSUE A
COMPREHENSIVE PERMIT
11. PROJECT ELIGIBILITY LETTER
III. ZBA APPLICATION
IV. PROJECT NARRATIVE
V. REQUESTED WAIVERS TO LOCAL REGULATIONS
VI. DEVELOPMENT TEAM
VII. SITE & PROJECT INFORMATION
A. EXISTING CONDITIONS
B. PROJECT DESIGN AND PROGRAM DESCRIPTION
C. TABULATION OF APARTMENTS AND SITE SUMMARY
VIII. PROJECT IMPACTS
A. MUNICIPAL SERVICES & UTILITIES
B. CONSTRUCTION IMPACTS
C. TRAFFIC ANALYSIS
IX. APPENDIX
A. DHCD CHAPTER 40B SUSIDIZED HOUSING INVENTORY (SHI)
B. SITE CONTROL DOCUMENTS
C. DETAILED PLANS
1. Prototypical Architecture
2. Clubhouse Architecture
3. Engineering Plans (Site Plan /Utility Plan)
D. CERTIFICATE of GOOD STANDING
E. ABUTTER LIST
F. ENVIRONMENTAL REPORT (21 E)
G. DRAINAGE CALCULATIONS
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Surfside Commons - an opportunity to create year -round rental housing on
Nantucket close to the hospital, jobs, schools, recreation and retail locations.
Application for Comprehensive Permit
Zoning l -, d of Anaeals
I
frEIVED
ATLANTIC
1 D[ V F I O P M E N T
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
F
DEC td�
Y82015
Fee: $40. $3,800 File No.�
($1,000 + $50 /unit x 56 units = $3,800)
Owner's name(s) : Donald J. MacKinnon, Trustee, Nantucket 106 Surf side Realty Trust
Mailing address: 6 Young's Way, Nantucket, MA 02554
Phone Number: 508 - 228 -3128 E- Mail:wag @readelaw. com
pcant's name(s): Surf side Commons LLC
Mailing Address: c/o Atlantic Development, 62 Derby Street, Hingham, MA 02043
Phone Number: 781- 741 -5005 E- Mail:DJ14@AtlanticDevelopment.com
Locus Address: 106 Surf side Road Assessor's Map /Parcel: 67 - 80
Land Court Plan /Plan Book & Page /Plan File No.: Plan No. 2014 -52 00
Deed Reference/ Certificate of Title: (Z) Zoning District LUG 2 & LUG 3
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings 1 Duplex Apartments _
Date of Structure(s): all pre -date 7/72 or 1981 TOWN CLERK
Building Permit Numbers: 10,�
Previous Zoning Board Application Numbers:
(i) Parcels 67 — 80, 7, 8, 9, 10 & 11
(2) Book 1410 pg. 205 and Book 1488 pg. 213
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 5 08-228-729 8 facsimile
4L ;n: L -.r" kP V Z
State below or attach a separate addendum of specific special permits or variance relief applying for:
see attached Surfside Commons Application for Comprehensive Permit
I certify that the information containedherei r substantially complete and true to the
best of my knowledge, and fain irfl pe aldes of perjury.
SIGNATURE: _ _ Owner*
Trustee, Nantucket 106 Surfside Realty Trust
SIGNATURE: , % -A Applicant /Attorney /Agent*
aid J.'-a innon, President, Atlantic Development, Manager of Surfside
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.Commons LLC
OFFICE USE ONLY
Application received on:_ /_ /_ By: Complete: Need Copies:
Filed with Town Clerk:_ /_ /_ Planning Board:_ /_ /_ Building Dept.:—/—/— By:
Fee deposited with Town Treasurer: _ /_ /_ By: Waiver requested:
Granted:_ /_ /_ Hearing notice posted with Town Clerk:—/—/— Mailed:_ /_ /_
I &M_ /_/ & /_ /_ Hearing(s) held on:_ /_ /_ Opened on :_ /_ /_
Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:_ /_ /_
Made:—/—/— Filed w /Town Clerk:_ /_ /_ Mailed:_ /_ /_
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
1. Prior to the issuance of the final Comprehensive Permit by the ZBA, MHP asks that a draft
of the permit be supplied to MHP for its review. MHP will endeavor to make any comments
on the draft permit within 10 days. MHP's intention in asking for review of the permit prior to
its issuance is to avoid having the applicant need to return to the ZBA to request necessary
changes once the final permit is issued.
2. If the municipality includes a local preference requirement within the Comprehensive
Permit, the- DHGD,406 Guidelines require that the municipality demonstrate the need for the
local preference within 3 month, -bf =final issuance of the e -Comprehennsive Permit;. Failures to
comply with this requirement shall be deemed to demonstrate that there is not a need for a
local preference and a local preference shall not be approved as part of any Affirmative Fair
Housing Marketing and Resident Selection Plan (AFHMP) or use restriction: Please work with
the municipality on providing MHP with the necessary documentation.
Please see DHCD's 40B.Guidelines at . —1 1
htta:/./.www.mass.gov/hed/ economic /eohed %dhcd /legal /comprehensive- permit-
guidelines.html (Section III, Affirmative Fair Housing Marketing and Resident
Selection Plan)
Note that DHCD's 40B Guidelines specify the allowable preference categories. If the
Comprehensive Permit includes a preference for some, but riot all, of the allowable
categories, additional information may be required. Forexample, if the municipality
seeks to provide a preference for municipal employees but not employees of other
businesses in the community, the municipality must provide documentation that
shows the affordable housing demand for municipal employees is high in relationship
to that of other employees. If the local preference is based solely on employment in
Massachusetts
•
Housing
'1
Partnership
December 1, 2015
Mr. Donald J. MacKinnon
President
Atlantic Development Corporation
62 Derby Street
Hingham, MA 02110
160 Federal Street
Boston, Massachusetts 02110
Re: Surfside Commons (the "Project ")
Tel: 617-330-9955
Fax: 617- 330 -1919
Dear Mr. MacKinnon:
Enclosed please find the executed Project Eligibility Letter (PEL) for the Surfside Commons
462 Main Street
Project. There are two topics on which I'd like to provide you further guidance: 1) MHP's
Amherst, Massachusetts 01002
review of the draft Comprehensive Permit, and 2) the applicant's responsibilities if a
Tel: 413- 253 -7379
municipality includes a local preference requirement in the Comprehensive Permit. Please
Fax: 413-253-3002
see below for elaborations on each of these topics, and let me know of any questions you
may have.
www.mhp.net
1. Prior to the issuance of the final Comprehensive Permit by the ZBA, MHP asks that a draft
of the permit be supplied to MHP for its review. MHP will endeavor to make any comments
on the draft permit within 10 days. MHP's intention in asking for review of the permit prior to
its issuance is to avoid having the applicant need to return to the ZBA to request necessary
changes once the final permit is issued.
2. If the municipality includes a local preference requirement within the Comprehensive
Permit, the- DHGD,406 Guidelines require that the municipality demonstrate the need for the
local preference within 3 month, -bf =final issuance of the e -Comprehennsive Permit;. Failures to
comply with this requirement shall be deemed to demonstrate that there is not a need for a
local preference and a local preference shall not be approved as part of any Affirmative Fair
Housing Marketing and Resident Selection Plan (AFHMP) or use restriction: Please work with
the municipality on providing MHP with the necessary documentation.
Please see DHCD's 40B.Guidelines at . —1 1
htta:/./.www.mass.gov/hed/ economic /eohed %dhcd /legal /comprehensive- permit-
guidelines.html (Section III, Affirmative Fair Housing Marketing and Resident
Selection Plan)
Note that DHCD's 40B Guidelines specify the allowable preference categories. If the
Comprehensive Permit includes a preference for some, but riot all, of the allowable
categories, additional information may be required. Forexample, if the municipality
seeks to provide a preference for municipal employees but not employees of other
businesses in the community, the municipality must provide documentation that
shows the affordable housing demand for municipal employees is high in relationship
to that of other employees. If the local preference is based solely on employment in
Massachusetts
Housing
Partnership
the municipality, this may have a disparate impact on the elderly or person with
disabilities; therefore applicants residing in the community who are age 62 or older or
are persons with disabilities must be given the benefit of the employment preference.
Some ways in which the need for local preference may be demonstrated and documented
are by providing the following:
Wait list information for comparable housing in the community, including public
housing, with local applicants likely to apply for the project. For instance, if the
affordable units at the project are 2- bedroom rental units affordable at the 80% of
area median income (AMI) level, the number of local wait list applicants for rental
units of a similar size and price at another development in the comma- pity may
support a local preference (however, applicants for larger or smaller size units with
higher or lower incomes would not; similarly, wait lists for for -sale housing or age -
restricted housing may not be "comparable" housing). Whether or not the project
provides rental assistance will be considered. A wait of more than 6 months for a
comparable unit would be compelling.
Data regarding the number of renter households in the municipality who would be
eligible for the project. For instance, if the affordable units at the project are
affordable at the 80% AMI level, renter households with incomes between 50 — 80%
AMI might be eligible but renter households with higher or lower incomes would not.
Data regarding rent - burdened residents, specifically the number of renter households
in the community who would be eligible for the project who are paying more than
30% of their income for housing costs. Also, if applicable, data regarding renter
households with other housing problems (i.e. overcrowding).
Information regarding the supply of comparable affordable rental housing in the
municipality and the vacancy rates in such housing.
Some of the above statistics can be found at the following HUD User web site:
www.huduser.org /portal /datasets /cp /CHAS /data guerytool chas.html Data is also
available at the Metropolitan Area Planning Council Massachusetts Housing Data Portal:
www.ho using. ma.
Please note that a combination of such data, comparative regional data, and /or other
data may be needed to justify the extent of the local preference in view of regional
housing needs.
Also, please note that in the event local preferences are permitted, your AFHMP must
ensure that non -local residents protected under fair housing laws are not negatively
affected by the local preferences. For example, as part of your lottery process, minority
applicants may need to be moved into the local selection pool to ensure that that the
local selection pool reflects the racial /ethnic balance of the HUD defined Metropolitan
Statistical Area (MSA). Regional (MSA) racial /minority statistics are available at
http: / /www.mass.gov /hed /docs /dhcd /hd /fair /percentracialeth nicmi nority.pdf.
Massachusetts
Housing
Partnership
If you have any questions about anything in the letter, please do not hesitate to call me at
617 - 330 -9944 x242.
jegards,
d A. Mason
Deputy Director of Lending
SURFSIDE COMMONS LLC
c/o Atlantic Development
62 Derby Street
Hingham, MA 02043
December 17 , 2015
Zoning Board of Appeals
Town of Nantucket, Massachusetts
Site: 106 Surfside Road
APPLICATION FOR A COMPREHENSIVE PERMIT
GENERAL LAW CHAPTER 40B, SECTION 20 -23
Surfside Commons LLC (the "Applicant ") hereby applies to the Zoning Board of Appeals (the
"ZBA ") of the Town of Nantucket, Massachusetts ( "Nantucket "), pursuant to Massachusetts
General Laws, Chapter 40B ( "Chapter 4013"), Sections 20 through 23, as amended, for the
issuance of a Comprehensive Permit authorizing the Applicant to construct a four building
multi - family project, to be called "Surfside Commons" (the "Project "), containing 56 rental
apartments on approximately 2.5 acres of land located at 106 Surfside Road, Nantucket,
Massachusetts.
Massachusetts
Housing
''T Partnership
December 1, 2015
Mr. Donald J. MacKinnon
Surfside Commons LLC
c/o Atlantic Development Corporation
62 Derby Street
Hingham, MA 02110
Re: Surfside Commons, Nantucket (the "Project ") - Determination of Project Eligibility
l.inder MHP's Permanent Rental Financing Program
Dear Mr. MacKinnon:
This letter is in response to your request for a determination of Project Eligibility under the
provisions of the Commonwealth of Massachusetts comprehensive permit process (M.G.L.
Chapter 40B, 760 C.M.R. 56, and the Massachusetts Department of Housing and Community
Development's Comprehensive Permit Guidelines) (collectively, the "Comprehensive Permit
Rules ") for the above - referenced Project. The Project, as proposed in your application dated
August 19, 2015 as amended on October 13, 2015, shall consist of fifty -six (56) rental housing
units, consisting of two (1) one - bedroom units, forty -two (42) two- bedroom units and twelve (12)
three - bedroom units located in four buildings at 106 Surfside Road, Nantucket Massachusetts
on 2.5 acres. As well as surface parking, there are two buildings with underground parking. The
Project will also include a landscaped courtyard, a clubhouse with various indoor tenant
amenities and a children's play area. The land is currently occupied by a single family home.
In connection with your request, and in accordance with the Comprehensive Permit Rules, MHP
has performed an on -site inspection of the Project, and has reviewed initial pro forma and other
pertinent information submitted by Surfside Commons LLC ( "Applicant "), and has considered
comments received from the Town of Nantucket.
Based upon our review, we find the following:
(i) The Project, as proposed, appears generally eligible under the requirements of
MHP's Permanent Rental Financing Program (the "Program "), certain terms of
which are set forth on Exhibit A, attached hereto, subject to final approval.
(ii) The site of the proposed Project is generally appropriate for multifamily
residential development. The location provides access to the mid - island
commercial and municipal services area with significant employment
opportunities. There is a seasonal bus route with a stop within walking distance
of the site.
The Town of Nantucket's Subsidized Housing Inventory (SHI) is 2.47 %.
Nantucket does not currently have a Housing Production Plan (HPP). The
Town's previous HPP expired in 2014 and, other than units permitted under
Chapter 40B, no SHI units were added during the 5 -year term of the HPP.
The Town's 2009 Master Plan has a housing element. The Town has passed
zoning code revisions accommodating multi - family production through
160 Federal Street
Boston, Massachusetts 02110
Tel: 617- 330 -9955
Fax: 617- 330 -1919
462 Main Street
Amherst, Massachusetts 01002
Tel: 413- 253 -7379
Fax: 413-253-3002
www.mhp.net
Massachusetts
Housing
Partnership
mechanisms including a multi - family overlay district, secondary and tertiary lot
allowances, and by -right mixed -used developments, however, these
mechanisms do not carry any affordability requirements. Recently approved
zoning changes provide for a special permit process for multifamily
developments with some affordability requirements. To date, other than units
permitted under Chapter 40B, no affordable units eligible for inclusion on the
SHI have been permitted or built since the adoption of the Master Plan in 2009.
While the Town's actions to encourage multi - family housing and to address
middle- income housing needs are positive, they have not resulted in a
meaningful increase of affordable units and thus do not warrant a conclusion
that the Project site is not generally appropriate for residential development.
Municipal water and sewer infrastructure are nearby. MHP expects that the
Town of Nantucket's concerns about the extension of water and sewer to the
Project site will be addressed through the comprehensive permit process.
The proposed conceptual Project design is generally appropriate for the site.
The site design incorporates clustering of the buildings to the rear and sides of
the site to minimize their visual impact. Building side yard setbacks from
adjacent properties are 15', the same as required in the underlying zoning
district. The buildings have been situated to present the programmed activity
spaces visibly to the main road so as to create a welcoming, residential
entrance. The building exteriors have features to visually reduce the mass and
scale. The design incorporates projected bays, trim accents at the windows,
and material and textures to visually reduce the mass of the building.
MHP expects that local concerns regarding traffic and parking will be addressed
through the comprehensive permit process.
(iv) Based upon comparable rentals and potential competition from other projects,
the proposed Project appears financially feasible within the Nantucket market.
(v) The Project appears financially feasible on the basis of estimated development
and operating costs set forth in the initial pro forma provided by the Applicant
and a land value determination consistent with the Comprehensive Permit
Rules. In addition, the Project budgets are consistent with the Comprehensive
Permit Rules relative to cost examination and limitations on profit and
distributions.
(vi) The Project will be owned by the Applicant, a single - purpose entity with Donald
J. MacKinnon, President, Atlantic Development Corporation, as manager, and
will be subject to MHP's limited dividend requirements. The Applicant meets the
general eligibility standards of the Program; and
(vii) The Applicant controls the site through a Purchase and Sale Agreement
This letter is intended to be a written preliminary determination of Project Eligibility under the
Comprehensive Permit Rules, establishing fundability by a subsidizing agency under a low and
moderate income housing subsidy program, which qualifies the Project for consideration for a
Comprehensive Permit under M.G.L. Chapter 40B.
F'Aassachusetts
Housing
Partnership
This preliminary determination of eligibility is subject to final review of eligibility and final approval
by MHP, and is expressly limited to the specific Project proposed in the request for determination
of Project Eligibility submitted to MHP and subject to the minimum affordability and additional
requirements set forth in Exhibit A hereto. The requirements of the Comprehensive Permit must
not result in a loan to value ratio exceeding MHP requirements. Changes to the proposed Project,
including without limitation, alterations in unit mix, proposed rents, development team, unit
design, development costs and /or income restrictions may affect eligibility and final approval.
Accordingly, you are encouraged to keep MHP informed of the status and progress of your
application for a Comprehensive Permit and any changes to the Project that may affect program
eligibility and /or financial projections. In addition, MHP requires that it be notified (1) when the
applicant applies to the local ZBA for a comprehensive permit; (2) when the ZBA issues a
decision; and (3) when any appeals are filed.
Please note that this preliminary determination of Project Eligibility is not a commitment or
guarantee of or by MHP for financing, either expressed or implied, and, in the event that you
determine not to apply to MHP for permanent financing and /or in the event that your application
for permanent financing with MHP is denied, this letter shall be of no further force and effect.
Also, please note that this letter shall be of no force or effect if the applicant has not filed for a
Comprehensive Permit within two years of the date of this letter.
Final review and approval under the Comprehensive Permit Rules will be undertaken by MHP
only in conjunction with an application to MHP for permanent mortgage financing for the Project.
After the issuance of a Comprehensive Permit for the Project, MHP would be pleased to entertain
a request for permanent mortgage financing pursuant to and in accordance with MHP's standard
underwriting process. At that time, MHP shall require a complete loan application, a copy of the
decision of the ZBA and any amendments thereto, a copy of the decision, if any, by the Housing
Appeals Committee and revised preliminary plans and designs, if applicable, as well as such
additional documents and information as is required as part of the loan underwriting process.
Should you have any comments or questions concerning this letter, please do not hesitate to call
me at 617 - 330 -9944 x242.
S c ly,
R hard A. Mason
D puty Director of Lending
cc: Roberta Rubin, Chief Counsel, Department of Housing and Community Development
Robert R. De Costa, Chair, Board of Selectmen, Town of Nantucket
Edward S. Toole, Chair, Zoning Board of Appeals, Town of Nantucket
Andrew V. Vorce, Director of Planning, Town of Nantucket
EXHIBIT A
Massachusetts
Housing
Partnership
Affordability At least fourteen (14) of the units must be affordable to households earning
Requirements: up to eighty percent (80 %) of the median area income. Such units shall
include a mix of bedroom sizes satisfactory to MHP. The affordability
requirements will be documented through an affordable housing
agreement that will be recorded prior to the mortgage and shall create
covenants running with the Property for a minimum period of thirty (30)
years.
Limited The owner must comply with MHP's limited dividend policy.
Dividend
Policy:
8
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Zoning a -27 --d of Anpeals
MC Is 20
RECEIVED
Fee: $4#@:M- $3,800 File No. 044
($1,000 + $50 /unit x 56 units = $3,800)
Owner's name(s): Donald J. MacKinnon, Trustee, Nantucket 106 Surf side Realty Trust
Mailing address: 6 young's Way, Nantucket, MA 02554
Phone Number: 508 - 228 -3128 E- Mail:vag@readelaw. com
Applicant's name(s): Surf side Commons LLC
Mailing Address: _ c/o Atlantic Development, 62 Derby Street, Hingham, MA 02043
Phone Number: 781- 741 -5005 E- Mail:DJ14@AtlanticDevelopment.com
Locus Address: 106 Surf side Road Assessor's Map /Parcel: 6W - 80
Land Court Plan /Plan Book & Page /Plan File No.: Plan No. 2014 -52 (1) 8 2015
Deed Reference /Certificate of Title: (2) Zoning District LUG 2 & LUG 3
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings 1 Duplex
Date of Structure(s): all pre -date 7/72
Building Permit Numbers:
or 1981
Previous Zoning Board Application Numbers:
(1) Parcels 67 — 80, 71, 8, 99 10 & 11
(2) Book 1410 pg. 205 and Book 1488 pg. 213
Apartments
2 Fairgrounds Road Nantucket Massachusetts
508 -228 -7215 telephone 508 - 228 -7298 facsimile
0]
j(jWj4 CLEW
NANTUCKET
02554'FPM3:° 6;40
IV. PROJECT NARRATIVE
INTRODUCTION
The Applicant is proposing to construct four apartment buildings and a clubhouse with
amenities on approximately 2.5 acres of residentially zoned land at 106 Surfside Road Nan-
tucket Massachusetts (see attached locus map). The Project's central location will enable Surf -
side Commons residents to walk or bike to the schools, the hospital, the mid - island retail
and commercial areas and to many recreational activities. The residential buildings will be
organized around a core open space that will be adjacent to a pool, resident amenity area,
and a clubhouse /leasing center.
The Project will utilize Chapter 40B. 25% (14 of the total 56) apartments will be designated as
affordable. To qualify to rent one of these apartments a household must not earn more
than 80% of the Area Median Income ( "AMI "). The location of the 14 affordable apartments
will be spread evenly throughout the Project and will have the same level of finishes as the
market rate apartments. Because the Project is planned as a rental community, all 56 apart
ments will count towards Nantucket's affordable housing inventory. Presently, Nantucket has
121 units, or 2.5% of its year -round housing stock, that count towards its affordable housing
inventory (see Appendix A). Upon the issuance of a Comprehensive Permit for, and construc-
tion of, this number will increase to 177 or 3.6% if no other units are added.
STANDING BEFORE THE ZONING BOARD OF APPEALS
Based on the issuance of the PEL, the Applicant conclusively meets the jurisdictional
requirements of the regulations and has standing before the ZBA, based on the following:
a. Project Eligibility: The Applicant has received a Project Eligibility Letter (the "PEL ") dated
December 1, 2015 from the Massachusetts Housing Partnership Fund ( "MHP ") under MHP's
Permanent Rental Financing Program that confirms the Project's eligibility and the suit-
ability of the site. A copy of the letter is included in Section II of this booklet. Therefore,
the Applicant fulfills the requirement of 760 CMR 56.04(1)(b), which states that "[tlhe
project shall be fundable under a Subsidizing Agency under a Low or Moderate Income
Housing subsidy program" See 760 CMR 54.04(1), which states that compliance with the
project eligibility requirements shall be established by issuance of a written determination
of Project Eligibility by the Subsidizing Agency.
LOCAL NEEDS FOR HOUSING
Chapter 40B establishes a state mandate imposed on local cities and towns to allow the construction
of low and moderate income housing that requires relief from the otherwise applicable local require-
ments and regulations when there is a substantial need for low and moderate income housing in
the community. A community that has not achieved 10% of its housing stock as affordable based
13
on the Subsidized Housing Inventory ( "SHI ") list maintained by the Commonwealth is gener-
ally presumed to have such a need. Under these conditions a community is required to issue
a Comprehensive Permit to an eligible project, and provide the requested relief so long as the
same does not jeopardize the local health and safety of its residents. If a community has not
achieved its affordable thresholds the requested waivers must be granted unless the munici-
pality can prove that the planning, health, and safety concerns outweigh the regional housing
need. According to the most recent SHI list (Appendix A), Nantucket's SHI is below 10% and
Nantucket is not eligible for any of the "safe harbor" provisions set forth in 760 CMR 56.03.
Nantucket has an undeniable shortage of price- appropriate housing for people who work on
Nantucket throughout the year. The lack of affordably priced housing is a barrier to a decent
quality of life for workers and their families and an obstacle to hiring qualified people for some
specialized positions.
According to DHCD and Housing Nantucket, there are 4,896 year round housing units on Nan-
tucket and only 121 affordable units. This is only 2.5% of the year round housing on the island.
There are another 6,754 seasonal housing units on Nantucket but they are summer vacation
homes and are not available for year round workers.
In the past 10 years, there has been an increase of 2,400 housing units created on the island but
only 21 new affordable units were created during that time.
In 2014, Housing Nantucket commissioned RKG Associates, Inc. ( "RKG ") to produce a housing
needs assessment. The 2015 report, Workforce Housing Needs Assessment, eloquently outlines
the challenges of strategies for creating housing that meets the needs of the work force on
Nantucket.
In their December 1, 2015 Project Eligibility Letter, MHP reiterated the significant lack of afford-
able housing on Nantucket by saying, "[tlheTown of Nantucket's Subsidized Housing Inven-
tory (SHI) is 2.47 %. Nantucket does not currently have a Housing Production Plan ( "HPP "). The
Town's previous HPP expired in 2014 and other than units permitted under Chapter 4013, no SHI
units were added during year 5 -year term of the HPP." MHP also stated that "[wlhile the Town's
actions to encourage multi - family housing and to address middle- income housing needs are
positive, they do not result in a meaningful increase in affordable units and thus do not warrant
a conclusion that the project site is not generally appropriate for residential development"
As recently as the December 3, 2015, Inquirer & Mirror, Nantucket Cottage Hospital placed a
large ad in the paper looking for housing for their employees saying that, "Nantucket is in the
midst of a severe housing crisis"
Since the median home price on Nantucket is $1,200,000 and the median family income is
$92,800, homeownership is prohibitive for 90 percent of the island's year -round households.
The quality, rental housing proposed at Surfside Commons is desperately needed on
Nantucket.
14
PROJECT PROGRAM AND SITE CHARACTERISTICS
The Project's apartments will be arranged in two 2 -1/2 story multi - family buildings with 13 units
each and two 3 -1/2 story multi - family buildings with 15 units each. In addition there will be a club-
house and a pool. The specific mix of apartments will be as follows:
BR
21313
3BR
TOTAL
Market 1
32
9
42
Affordable 1
10
3
14
TOTAL 2
42
12
56
15
Legend
Bike Path
• Rase Mal): I;Aut;le F:art6
Steamship
Authority Nantucket Harbor
uue,
Hospital —�► S £ry, J, A
Boys & Girls Club �N
Middle School- --'�,. �-
& High School ''P Stop & Shop,
Fire Station Nlilestuue Road
Elementary
School
• Police r „•
Station
State
tea' • A Forest
Surfsi,de /Fairgrounds
Bus Stop. •
•StiRFSIDF, COMMONS r
SITE
*----Surfside/Boule,.•arde
Sherburne Commons
Bus Stop
i
Airport
�cacb
e
V. REQUESTED WAIVER TO LOCAL REGULATIONS
The Applicant seeks waivers from the Nantucket's local bylaws and rules and regulations as indicated
in the below chart.
The Applicant also requests that waivers be granted from any requirement that the Applicant apply to
Nantucket or other municipal boards, commissions, or departments, including, but not limited to, the
Public Works Department, Water Commission, Health Department, Historic District Commission, Board
of Selectmen, Conservation Commission, Planning and Economic Development Commission, Wanna-
comet Water Company, Nantucket Water Commission and Planning Board, if normally required; and
the Applicant requests that the Comprehensive Permit be issued in lieu of all of the permits required
by the aforementioned boards, commissions and departments, including but not limited to the autho-
rizations of permits and approvals otherwise required to extend and connect to the municipal sewer
system and to the water system (whether pursuant to Chapter 396 of Acts of 2008 (the "Act ") or other-
wise).
If in the course of the hearings it is determined that there are other local bylaws and rules and regula-
tions that would otherwise be applicable to the Project that have not been requested in this applica-
tion, the Applicant reserves the right to so amend the Requested Waivers.
WAIVERS REQUESTED FROM THE: TOWN OF NANTUCKET, MASSACHUSETTS CODE,
AS AMENDED THROUGH APRIL 6, 2015.
http : / /ecode360.com /NA0948 ?needHash =true
Continued on next page
17
Surfside Commons
Sewer and Wastewater Facilities
Requested Waiver
Section 120 -1. Payment for use of drains
Waiver to exempt Applicant from the
and sewers: Requires a person who enters
requirement to pay fees.
his /her particular drain onto a main drain or
common sewer, or who by more remote
means receives benefit thereby for draining
his /her land or buildings to pay certain fees.
Section 120 -6. Sewer privilege: Requires
Waiver to exempt Applicant from the
charges to certain owners of land.
requirement to pay charges.
Signs; Satellite Dishes; Rooflines
Requested Waiver
Section 124 -1. Approval required: The
Waiver from required HDC approval of
erection or display of an occupational or other
the sign shown on Applicant's
sign exceeding two feet in length and six
attached plans.
inches in width on any lot must be approved in
advance by the Historic District Commission
( "HDC ").
Section 124 -7. A. Restrictions: No
Waiver to allow Applicant's roofline up
residential structure roofline shall exceed 50
to 123 feet in horizontal length per
feet in horizontal length per elevation.
elevation.
Section 124 -8. Construction conditioned
Waiver to allow construction without
on approval: No building or structure shall be
issuance of a certificate from HDC.
constructed or altered within the Nantucket
Historic District in any way that affects its
exterior architectural features without
issuance of a certificate from HDC.
124 -9. Permit for razing required: No
Waiver to allow razing of existing
building or structure within the Historic
building on the Project site without
Nantucket District shall be razed without first
issuance of a certificate from HDC.
obtaining a permit approved by HDC.
Streets and Sidewalks
Requested Waiver
Section 127 -1. Permit required: No person,
Waiver to allow excavation and
except in an emergency may contract for, or
alterations in public ways, sidewalks
make any excavation or alteration of any
and bicycle paths to install
public way, sidewalk or bicycle path without
improvements, including, but not
first having received a permit for such
limited to, utilities and connections
alteration or excavation from the Town of
from the Project to such areas.
Nantucket Department of Public Works and
the Board of Selectmen
Chapter 136. Wetlands
Requested Waiver
Section Chapter 136 -3. Wetlands: No
Waiver from the requirement to submit
Continued on next page
18
person shall commence to remove, fill,
a written application and receive a
dredge, alter or build upon or within any area
permit to the extent otherwise required
located within the geographic boundaries of
for the Applicant to remove, alter, or
the habitat for rare /significant wildlife and /or
build in any habitat for rare /significant
fauna without filing written application for a
wildlife and /or fauna on the Project
permit.
site.
Zoning Bylaw
Requested Waiver
Section 139 -7 B. Use chart; prohibited
Waiver to allow multiple Apartment
uses in all districts: The Use Regulations do
Buildings per lot within the LUG -2 and
not permit Apartment Buildings in the LUG -2
LUG -3 Districts with the number of
and LUG -3 zones, do not allow more than one
dwelling units as permitted as part of
Apartment Building per lot and limit Apartment
the Comprehensive Permit.
Buildings to a maximum of 8 units. In
addition, the following uses are prohibited:
Waiver to allow the use of trailers or
(1) More than two dwellings or dwelling units
building -like containers for residential
per lot except as otherwise allowed in this
purposes.
chapter.
(2) Use of a trailer or a building -like container
for residential purposes.
Section 139 -12 B. Overlay Districts
Waiver to allow all uses not permitted
The Public Wellhead Recharge District:
in the underlying zoning and to allow
Prohibits (i) uses not allowed in underlying
land uses, buildings, and accessory
zoning and (ii) all land uses, buildings, and
structures, that result in rendering
accessory structures, that result in rendering
impervious more than 15% or 2,500
impervious more than 15% or 2,500 square
square feet of the Project's lot,
feet of any lot, whichever is greater.
whichever is greater.
Requires mandatory referral to, and review
by, Nantucket Water Commission prior to
Waiver from referral requirement.
issuance of any permit and prohibits issuance
of building permit or special permit unless a
finding has been issued therewith, and the
conditions, if any, of such finding are
incorporated in said permits.
Section 139 -16 A. Intensity regulations:
Waiver to the extent the provided
The applicable intensity regulations are as
dimensional requirements do not meet
follows:
the intensity regulations.
LUG -2
Provided dimensional requirements:
• Frontage: 150'
• Max ground cover ratio: 4%
Frontage: 342'
• Min Lot size: 80,000 sf
Max ground cover ratio: 66%
• Front yard: 35'
Min Lot size: 108,528 sf
• Side yard: 15'
Front yard: 10'
• Rear yard: 15'
Side yard: 15'
Rear yard: 46'
Continued on next page
ON
LUG -3
• Frontage: 200'
• Max ground cover ratio: 3%
• Min Lot size: 120,000 sf
• Front yard: 35'
• Side yard: 20'
• Rear yard: 20'
Section 139 -16 A. D. (1) Intensity
Waiver to the extent the lot regularity
regulations
factor is not met.
Regularity Formula: The regularity factor of
any lot shall not be less than 0.55.
Section 139 -17 Height limitations Country
Waiver from height limitation.
Overlay District: Maximum Height of
30'.
Section 139 -18 (6) Off — street parking
Waiver to the extent the parking
requirements: Head -in, ninety- degree
spaces shown on the attached plans
parking spaces and forty- five - degree parking
do not meet the parking dimensional
spaces shall not be less than nine feet in
requirements.
width and 20 feet in length.
Section 139 -19. Screening of parking
Waiver to exempt the Project from the
areas, driveways and off - street loading
parking screening requirements and
facilities: Requires screening of parking
from the requirement for the issuance
areas and a special permit to waive such
of a special permit for such exemption
requirements.
Section 139 -20.1. B. Driveway access,
Waiver (i) to allow issuance of a new
Regulation of driveway access: Requires
driveway access permit without
Nantucket Department of Public Works
Nantucket Department of Public
approval for new driveway access and
Works approval, and (ii) of the
compliance with the minimum driveway
required minimum driveway
standards.
standards.
Section 139 -23. Site plan review (SPR)
Waiver from the requirements of Site
Plan Review.
Section 139 -26. A. Issuance of building
Waiver from this requirement
and use permits: Requires building or use
permit having been issued by the Building
Commissioner.
Section 139 -28 Occupancy permits
Waiver from any requirement for a
certificate from HDC.
Section A301 -4. Historic District Commission
Requested Waiver
Section A301 -4. Historic District
Waiver from HDC review
Commission
requirements and any requirement for
the issuance or non - issuance of
approvals or certificates from HDC.
Section A301 -12 Sewer Commission and
Requested Waiver
sewer districts.
Section A301 -12 Sewer Commission and
Waiver of requirements for Town
Continued on next page
20
sewer districts
Meeting approval for extension of
sewer district and Board of Selectmen
for extension of the sewers stem.
Nantucket Water Commission and /or
Requested Waiver
Wannacomet Water Company
Application for Water Service: Requires a
Waiver of the fee.
fee of $3,000.00 per 1" installation.
21
VI. DEVELOPMENTTEAM
Surfside Commons has a very qualified Project Team, almost all of the consultants have over 25
years of experience in real estate development. Most team members also have extensive experi-
ence in developing and permitting of 40B housing communities and many members of the team
have had experience working on development projects on Nantucket. In addition to the projects
listed below by the Development Team, please see the websites for the team members for more
details and a further listing of projects.
Sponsor - Surfside Commons LLC, affiliate of Atlantic Development
Atlantic Development has earned a reputation as one of the most highly experienced and accom-
plished real estate development firms in New England. They have a proven track record for quality
and vision, and a history of outstanding performance.
Atlantic Development specializes in providing dynamic, innovative plans designed to stimulate
economic growth in the communities where they develop. Atlantic Development's completed proj-
ects, valued at over a half billion dollars, have led to the creation of thousands of jobs, millions of
dollars in new real estate tax revenue for the cities and towns where their projects are located, and
increased economic activity for local merchants and businesses.
Atlantic Development, as a preferred developer for many of the top companies in the country,
works collaboratively to create outstanding retail, senior housing, apartments, restaurants, office
buildings, commercial and mixed -use communities.
A partial list of partner companies includes: Target, Avalon -Bay, Lowe's, Wal -Mart, Principal Finan-
cial Group, Stop & Shop, TD Bank, Sun Life Financial, Hannaford Bros., Erikson Living, BJ's Wholesale
Club, Cape Cod Five, Roche Bros., Dick's Sporting Goods, Petco, Starbucks, and more.
To date, the initiatives of Atlantic Development total over four million square feet of retail, senior
housing, apartments, restaurants, office buildings, commercial, and mixed -use communities, includ-
ing more than 3,000 units of housing.
Surfside Commons LLC
c/o Atlantic Development
62 Derby Street
Hingham, MA 02043
Phone: 781- 741 -5005 Fax: 781 - 741 -5151
Contact: Donald J. MacKinnon
Email: DJM @AtlanticDevelopment.com
www.AtlanticDevelopment.com
22
Architect - John Shesky, John Shesky & Associates
Sheskey Architects is an Architectural and Planning firm based in Quincy, Massachusetts established
in 1981. Since that time our firm has designed facilities spanning a variety of industries and building
types including more than 7,000 multifamily units.
Sheskey Architects portfolio includes projects throughout the New England area. We have worked
with local developers and national firms on a variety of project types from adaptive reuse of existing
buildings to master plans and new construction.
Our focus at this time is primarily residential projects of all sizes and types ranging from detached
condominiums to large multi - family residential communities.
Following are examples of recent projects:
H + W Apartments - Milton, Massachusetts -The Holland Companies
A 40B project. Ninety apartments in two, three - story, wood - framed buildings with garage parking
below. Zoning Board review is underway.
West of Chestnut - Quincy, Massachusetts - Gate Residential
169 apartments in two six - story, wood - framed, mixed -use retail and apartment buildings with garage
parking in downtown Quincy. Construction underway.
Queset Commons - Easton, Massachusetts - Douglas King Builders
Fifty Apartments in a three -story wood - framed building with basement level parking below. Con-
struction is underway.
Concord Mews - Concord, Massachusetts - Mill Creek Residential Trust
A 40B project. Three hundred -fifty apartments and condominiums built in fourteen two and
three -story wood - framed buildings with integrated garages. A clubhouse and an on -site sewer treat-
ment building are included.
One North of Boston - Chelsea Massachusetts - Gate Residential
A two hundred thirty unit five -story wood - framed residential apartment building above a one- story
parking structure.
Mill Wharf Condominium - Scituate, Massachusetts -The Welch Company
Twenty -four residential condominium units above first floor retail and cinema in two three -story
wood - framed buildings with covered surface parking.
23
Legal Counsel - Steven Schwartz, Goulston & Storrs
Steven Schwartz is a Director, the Co -Chair of the firm's Real Estate Group, and a member of Goulston
& Storrs's Executive Committee. Commercial real estate law is the focus of Mr. Schwartz's legal prac-
tice. He represents developers and lenders in the acquisition, development, sale, leasing and financ-
ing of commercial real estate throughout the United States. He regularly counsels developers on the
requirements for satisfying the complex land use and environmental laws and regulations applicable
to large -scale commercial projects throughout the New England region. A significant portion of
Mr. Schwartz's current development practice involves working with clients on complex multifamily
residential projects, including both market rate and affordable developments, large mixed -use proj-
ects and 40B projects. Mr. Schwartz represents both sponsors and equity investors in complex real
estate joint ventures, and represents owners in mortgage financings. In addition to his involvement
with traditional forms of real estate mortgage loans and refinancings, Mr. Schwartz has considerable
experience in representing lenders in workouts of troubled real estate loans, including restructurings,
deed -in -lieu transactions and foreclosures.
Representative Experience:
• General representation of one of the largest multifamily REITs in the country in all aspects of
acquisition, development and financing of numerous multifamily residential communities,
including both stand alone and parts of large mixed use developments.
• Representation of real estate fund in its acquisition of more than 75 multifamily, industrial
and office properties nationally, totaling more than $1.5 billion.
• Representation of the greater Boston region's leading furniture retailer on all of its real estate
related matters, including acquisition and development of destination furniture and family
entertainment location, and 1,000,000 square foot warehouse and distribution facility.
• Numerous mortgage loans for national insurance, including financings of significant hotel,
office, retail and multifamily properties throughout the New England region.
Goulston & Storrs's work includes permitting in essentially every community in Massachusetts as
well as innumerable projects in downtown Boston. In recent years, we have permitted over 30,000
units of housing in Massachusetts (including thousands of affordable units for a range of for -profit
and nonprofit clients as Chapter 40B projects). The firm has the Commonwealth's leading practice
for large Chapter 40B development. Our 40B experience includes a broad array of projects across the
Commonwealth, with local experience on projects including those in Acton, Andover, Bedford, Biller-
ica, Braintree, Brookline, Canton, Cohasset, Concord, Danvers, Dedham, Falmouth, Foxboro, Framing-
ham, Haverhill, Hingham, Hopkinton, Lexington, Lynnfield, Mansfield, Marlborough, Maynard, Natick,
Needham, Newton, Peabody, Pembroke, Randolph, Sharon, Sherborn, Shrewsbury, Southborough,
Stoughton, Tewksbury, Wayland, Westborough, Westford, Weymouth, Wilmington and Yarmouth. In
addition to 40B projects, Goulston & Storrs has worked on numerous mixed income projects, where
affordable units are included under inclusionary zoning and other government programs.
24
In addition to permitting work on 40B projects, Goulston & Storrs has unique depth and breadth in
litigating - and in avoiding litigation - over the issues that arise in development under Chapter 40B.
We have extensive experience litigating on behalf of 40B developers at all levels including numerous
cases at the Housing Appeals Committee, Superior Court and Land Court, Appeals Court and Su-
preme Judicial Court.
Steven Schwartz
Goulston & Storrs
400 Atlantic Avenue
Boston, MA 02110
Phone: 617- 482 -1776
Fax: 617- 574 -4112
www.goulstonstorrs.com
25
Legal Counsel - Arthur I Reade, Jr. and Whitney A. Gifford, Reade, Gullicksen,
Hanley & Gifford, LLP
Arthur I Reade, Jr. is a graduate of Harvard College, A.B. cum laude, 1959 and of George Washington
University Law School, L.L.B., 1963. He received the highest score on the December 1964 bar exam-
ination and was admitted to the Massachusetts Bar in 1965. From 1965 to 1985, he practiced law
in Boston. Since 1973, a portion of his practice has involved Nantucket land transactions, and since
1985, his practice has been entirely in Nantucket. He is a member of the Nantucket Bar Association
and the Real Estate Bar Association of Massachusetts. Mr. Reade is widely respected on Nantucket
land use matters; he is a Land Court Examiner and has qualified as an expert witness on title matters
in the Land Court and Superior Court.
In addition to his legal practice, Mr. Reade also serves on the Board of Trustees of Nantucket Com-
munity Sailing, is former Secretary of the Nantucket Yacht Club, and is of counsel to the Nantucket
Cottage Hospital.
Whitney A. Gifford is a graduate of Denison College, B.A., 1985, and of Case Western Reserve Univer-
sity School of Law, J.D., 1988, and was admitted to the Ohio Bar in 1988. His admission to the Massa-
chusetts Bar was in 1994. He is a member of the American, Massachusetts, Nantucket and Ohio Bar
Associations. He has visited Nantucket since his childhood, and has practiced law in Nantucket since
1994.
In addition to his legal practice, Mr. Gifford also serves as an Officer of the Nantucket Yacht Club, a
Board Member of Nantucket Historical Association, an Advisor to the Nantucket Cottage Hospital,
and is a past President of the Nantucket Boys and Girls Club.
With over one hundred years of combined legal experience on Nantucket, the attorneys of Reade,
Gullicksen, Hanley & Gifford, LLP offer a full range of legal representation to the Island's year -round
and seasonal residents, commercial businesses, and not for profit organizations. Our firm, which
concentrates primarily on real estate conveyances, land use, and permitting matters at both the state
and local level, also provides legal advice and services relating to landlord /tenant matters, small busi-
ness formation and administration requirements, general contract drafting and negotiation issues,
and probate, estate, and trust matters. We know that your legal matters will vary over the course of
your lifetime — some may be simply handled with a few telephone calls, others may be much more
complicated and lengthy to resolve. Whatever the requirements, Reade, Gullicksen, Hanley & Gifford,
LLP will guide and counsel you. We will coordinate with your architects, surveyors, accountants, and
other advisors as needed, in order to provide you with the highest level of professional and compe-
tent legal representation in your personal and business transactions.
6 Young's Way
PO Box 269
Nantucket, MA 02584
T: 508 - 228 -3128
F: 508 - 228 -5630
26
Civil Engineers - Joshua G. Swerling and William D. Goebel, Bohler Engineering
Bohler Engineering is a multi - disciplined consulting engineering firm with nearly 500 experienced
licensed professionals and support staff. Our firm has provided quality civil engineering, surveying,
planning, landscape architecture, project management and related site design services throughout
the Eastern United States for over 30 years.
Through our 20 offices spanning the East Coast, we assist our clients in navigating the land develop-
ment process from site evaluation and due diligence to project completion. We strive to understand
our clients' business to assist them in meeting their development and financial goals, providing con-
sistent value through the development process.
Over the years and across state lines, Bohler's commitment to quality and customer service remains
constant. Our best working relationships range from the largest corporations and developers in the
world to single, stand alone businesses, from individual sites to program development work.
Bohler understands that companies succeed when qualified professionals collaborate toward a
common goal. Our goal is excellence. Our work, our vision, and our energy focuses around our Core
Values, which include Quality, Customer Service, Staff Development, and Efficiency, and lead to excel-
lence in everything we do.
WILLIAM D. GOEBEL, PE, BRANCH MANAGER /PRINCIPAL
Bill has been with Bohler for over 20 years, beginning his career in New Jersey where he helped de-
fine the company's growth in both the New Jersey and New York markets, and later moving to Mas-
sachusetts as the Branch Manager of the Southborough office. Bill also led the opening of Bohler's
Albany, NY and Fort Lauderdale, FL offices while in his position in New England. He continues to lead
the development of Bohler's geographic reach.
His daily responsibilities include oversight and management of all operations in the Southborough
and Albany offices and incorporating his extensive experience in all aspects of site planning, permit-
ting, subdivision and development related engineering of projects including: institutional, municipal,
commercial, multi - family, industrial, and residential. With a hands -on approach, Bill works directly
with Bohler project managers and staff to achieve the goal of complete Client satisfaction.
His leadership and commitment to quality have made him a valuable partner and example of the
Bohler tradition and Core Values we stand to uphold.
bgoebel @bohlereng.com
EDUCATION:
B.S. Civil & Environmental Engineering, Clarkson University
JOSHUA G. SWERLING, PE, ASSOCIATE /SENIOR PROJECT MANAGER
27
Josh currently serves as an Associate in Bohler's New England office. As such, he is responsible for
project development and design consisting of ongoing client contact throughout projects, as well as
detailed design functions and permitting of projects. With over a decade at Bohler and over twenty
years in the industry, he has significant experience in site planning, subdivision and miscellaneous
engineering on projects throughout New England. Project types include a variety of municipal, com-
mercial, retail, industrial, multi - family, mixed -use and residential. In addition to his technical respon-
sibilities, Josh manages engineering support staff and project contracts.
His specific design experience includes site planning, conceptual layout and traffic circulation, storm
sewer design, sanitary sewer design including gravity, force mains and septic systems, storm water
management including retention and detention systems, potable water supply distribution & treat-
ment, retaining walls and seawalls, flood plain and stream encroachment analysis, horizontal and
vertical roadway alignments, grading, preparation of construction details, earthwork analysis, light-
ing and landscaping design, preparation of soil erosion and sediment control plans and other miscel-
laneous related engineering design.
His technical savvy, positive attitude, and dedication make him a valuable asset to the Bohler team
and to his Clients.
jswerling @bohlereng.com
B.S. Civil Engineering, Northeastern University
DEP Approved Soil Evaluator
OSHA Forty -Hour
Hazardous Waste
Operation and Emergency Response Certified
Bohler Engineers
352 Turnpike Road
Southborough, MA 01772
Phone: 508 - 480 -9900
MA @BOHLERENG.COM
28
Real Estate Consultant, Margaret G. Murphy, Community Resources Group, Inc.
Margaret Murphy is the founder and president of Community Resources Group, Inc. (CRG), a real
estate consulting firm that serves the public sector, corporations, colleges, schools, hospitals and real
estate firms. Margaret has worked throughout the Northeast since 1989. In the past 26 years, the firm
has assisted its clients in permitting more than eight million square feet of retail, office, golf course,
college, grocery, senior housing and residential development.
Margaret Murphy and her associates at CRG have led the outreach efforts for many real estate devel-
opments throughout the Northeast. They have also managed several town meeting campaigns and
worked on many statewide referendums and elections. Their extensive experience and knowledge of
permitting, traffic, water, sewer and environmental issues allows them to assist their clients in a num-
ber of ways. They have assisted their clients in a number of matters such as managing abutter and
neighbor groups, organizing both celebratory and outreach events and a wide variety of research.
The firm has also followed a variety of municipal and legislative issue for its clients. They have also
managed the approval process for a number of smaller developments in Massachusetts.
Margaret Murphy has also worked with a number of housing activists and organizations including
Citizens Housing and Planning Association (CHAPA), Massachusetts Housing Finance Agency, the Mas-
sachusetts Department of Housing and Community Development, and the Greater Boston Real Estate
Board to increase the production of market rate and affordable housing. She served as the Executive
Director of the Affordable Housing Business Coalition.
She has worked on a number of Chapter 40B and Chapter 40R developments throughout the Com-
monwealth and has assisted her clients in the permitting of over 5,000 units of housing. At the state
level, she has worked with other housing activists to promote legislative changes to Chapter 40B that
will ensure the continued production of affordable apartments, homes and condominiums.
CRG has prepared a multitude of materials for its clients including PEL and ZBA applications, Power
Point and video presentations and other collaterals such as brochures, websites, etc. The firm has
worked with municipal entities to produce appropriate Inclusionary Housing Plans.
Margaret's lengthy experience as a local town official and her 26 years as a real estate professional
enable her to understand and respond to local issues and concerns. For over 20 years, she has served
on a number of local boards and committees in her home town, including nine years on the Needham
School Committee, 15 years as an elected Town Meeting Member, Chair of a PIP group for a contami-
nated site, a member of the Community Preservation Committee and the chair of the Needham Com-
prehensive Community Housing Committee. She is a member of the League of Women Voters.
88 Edgewater Drive, Needham, MA 02492 Phone: 781 - 449 -6260,
Contact: Margaret Murphy, comres @comcast.net
29
40B Consultant, Michael Jacobs, MHJ Associates
Michael Jacobs has been a practicing professional in the affordable housing filed for over 39 years. In
addition to his current consulting practice as principal of MHJ Associates, he has held a range of posi-
tions in both the public and private sector, including senior positions at the Boston Housing Author-
ity, the Massachusetts Housing Finance Agency, the ADS Group, a healthcare /assisted living provider
and National Development, a commercial and residential real estate development firm.
MHJ Associates provides development and financial consulting on both rental and for -sale proj-
ects to public, non -profit and for -profit clients. Services include securing debt and equity as well as
providing technical assistance to municipalities and developers in the permitting of comprehensive
permit projects throughout Massachusetts. Recent projects have involved both tax - exempt and
conventional financing, 4% and 9% Low Income Housing Tax Credits, state LIHTC's, federal and state
historic credits and a variety of subordinate debt loan programs. In addition to his consulting prac-
tice, Mike serves as a vice chairman of the Brookline Housing Authority and is a member of the Town
of Brookline's Housing Advisory Board.
41 Coolidge Street
m.jacobs @mhjassociates.com
phone 617.232.7475
fax 617.879.1617
30
Construction Manager -Randy Bern and Peter Koska, Chilton Development
Chilton Development is pleased to offer one of the finest custom built homes and remodeling ser-
vices available today. Our expertise in producing a home of superior quality and timeless beauty
comes from experience in building and remodeling over 150 homes in the past 14 years. Our team is
composed of a compliment of builders, civil engineers, landscape architects and on -site supervisors
with practical field experience totaling 75 years.
Chilton's primary goal is to establish a tradition of lasting relationships based on trust, quality crafts-
manship and customer satisfaction. We at Chilton Development take a great deal of pride in adding
our clients' invaluable input to our decades of professional experience to develop the best plan and
price possible.
Randy Bern is President and founder of the Chilton Development Company, Randy has been involved
in the construction business since he was a very young boy. His family has owned a construction
company, a concrete manufacturing company and a real estate management company. After receiv-
ing his Bachelor of Science Degree in Civil Engineering from the University of Vermont, he founded
Chilton Development 14 years ago. He has been President and CEO ever since and has earned the
respect of all of his colleagues and clients.
Peter Koska, Director of Development for Chilton received a Bachelor of Science Degree in Landscape
Architecture from the University of Massachusetts. He has continued his education in construction
management at Wentworth Institute of Technology. He also has studied construction law at North-
eastern University. Mr. Koska received a National Award, presented to him by Nancy Reagan in 1981.
He was in charge of construction of the main service building at the Chelsea Navy Yard and the Pavil-
ion in the Shipyard Park at the Charlestown Navy Yard.
Chilton Development Company, Inc.
Ph: 781.878.1113 - Fax: 781.878.1158
Email: info @chiltondevelopment.com
31
Public Affairs Consultant, Taylor Howell, HTM Communications
HTM Communications is a public affairs service provider that plans, executes and monitors results of
media campaigns and PR initiatives. Taylor Howell, founder and President, oversees the HTM team
that collaborates with clients to grow their networks and deliver targeted communication strategies.
Services include public affairs consulting, social media optimization, blogging, news releases, video
production services, website design, media coverage and expert quotes, speech writing, awards and
recognitions, research, writing, brand management and consultation.
Taylor applies her public affairs skills at HTM Communications through her work with a number of
Boston -based organizations including, but not limited to, The South Shore YMCA, Scribe Partners,
Hint Interactive LLC, KAMM LLC, SmartCode, PES Associates Inc. and Atlantic Development. Recent
initiatives included working one -on -one with environmental engineering firm PES Associates Inc.
to develop their overall brand strategy and build awareness for their services, this lead to their 2015
Boston Business Journal Best Mixed -Use Project award. In continuation, Taylor developed their mar-
keting strategy and worked to further grow their networks through social media optimization, web
design, blogging, brand management and consultation.
Community outreach endeavors include the 2012 U.S. Senate campaign for Scott Brown and public
affairs activities with McDermott Ventures LLC for Suffolk Construction, CSX Corporation and The
Chiofaro Company.
Taylor serves as a board member for the Thomas Crane Public Library Foundation, using her commu-
nity outreach experience to serve Quincy Massachusetts residents by strengthening the mission and
the resources of the library. In addition, Taylor also serves as the Boston president for Femfessionals
LLC; an organization that serves to connect and empower women in business. Her contributions for
both organizations are evident through events and outreach programs she oversees and executes.
Taylor Howell
Phone: 781 - 635 -8112
Email: taylor @htmcomms.com
32
VII. SITE & PROJECT INFORMATION
A. EXISTING CONDITIONS
Surfside Commons at 106 Surfside Road will be located along the Surfside Road bike path and close
to both the Surfside /Fairgrounds bus stop and Surfside /Boulevarde bus stop. Its central location will
enable Surfside Commons residents to walk or bike to the schools, the hospital, and the mid - island
retail and commercial areas as well as to many recreational activities. North, south and west of the
site, in the immediate area, are residential homes. East of the site is Camp Richard (see 1 -Mile Radius
plan). North along Surfside Road are the High School, Middle School and Elementary School along
with small businesses and restaurants. Approximately 1 mile south is Surfside Beach.
The property is relatively flat and primarily an open field with a single family home. The Applicant
has spoken with Housing Nantucket about making the home available to the covenant home pro-
gram on Nantucket. The existing home has a well and on -site septic system. A majority of the prop-
erty is zoned LUG -2 with a small portion of the property zoned LUG -3 and the entire property is in
the Lower Nantucket Wellhead Protection District. The LUG 2 and LUG 3 zoning districts, subject to
applicable regulations, allow the following uses; primary dwelling, secondary dwelling, accessory
apartment and garage apartment. There are no wetlands on or near the property. A small, approx-
imately 3,000 SF, area in the easterly portion of the site is designated as NHESP Priority Habitats of
Rare Species, the area has been fenced off and no work is proposed in that area. Municipal water and
sewer are available near the Surfside Road and Fairgrounds Road intersection. Electric, cable and
internet service are available along Surfside Road
33
B. PROJECT DESIGN AND PROGRAM DESCRIPTION
Surfside Commons is comprised of four apartment buildings organized around a open space core
adjacent to a pool, resident amenity area, and a clubhouse /leasing center. Building sideyard setbacks
from adjacent residential properties are at or exceed 15; the same as required in the underlying zon-
ing district.
Vehicular access will be provided through an entry from Surfside Road at the existing entrance to
the property across from the Gladlands Avenue entrance. Parking and emergency vehicle access is
provided adjacent to each residential building with a looped circulation system.
The Nantucket style clubhouse is designed to be welcoming from both the main access drive and the
residential portion of the site. The amenity area and lounge are carefully sited in the clubhouse for
convenient use by residents and overlook a pool and recreation area. The attractive exterior design
of the clubhouse building combined with the state -of- the -art interior design will encourage resi-
dents to gather and will reinforce pedestrian connection across the site.
The residential buildings are designed with a Nantucket feel. The architecture of each residential
building is articulated with changes in the exterior wall, including wood shingles, topped by a sloped,
asphalt - shingled roof with multiple gables, traditional shingles, bays, and projecting and recessed
balconies. The design looks to reduce the mass and scale of the exterior material.
The typical one, two and three bedroom apartment homes are designed with open kitchen /living
areas and comfortable bedrooms and bathrooms with large closets. Each unit will have an in -unit
washer /dryer and large windows that provide abundant natural light.
The community will include many design elements from the United States Green Building Council.
These include the incorporation of high quality low VOC finishes and individual environmental con-
trols. Each unit will also contain modern energy efficient appliances, heating and cooling, and Energy
Star lighting fixtures to add to an overall sense of luxury and quality.
The 2 -1/2 to 3 -1/2 story height with use of the loft area is an efficient use of the buildings and is typi-
cal of the neighborhoods on Nantucket. The massing of buildings is in the range of other sustainable
compact neighborhoods on the island.
34
C. TABULATION of APARTMENTS and SITE SUMMARY
UNIT
UNIT DESCRIPTION
UNIT
TOTAL
TOTAL
STYLE
LEASEABLE
UNITS
LEASEABLE
SF
SF
A
2 bedroom w /den
1,336
2
2,672
B
2 bedroom w /den
1,215
8
9,720
C
3 bedroom
1,336
6
8,016
D
2 bedroom
1,333
2
2,666
E
3 bedroom
1,361
6
8,166
F
2 bedroom w /den
1,240
8
9,92
G
2 bedroom w /den
1,360
2
2,720
H
2 bedroom
1,170
6
7,020
I
2 bedroom
1,055
8
8,440
J
2 bedroom
1,170
2
2,340
K
1 bedroom
888
2
1,776
L
2 bedroom w /den
1,322
4
5,288
Total
56
68,744
SITE SUMMARY
Total Lot Area 108,528 S.F.
Total Building Footprint Area 27,452 S.F. (25 %)
Total Parking Space Area 15,435 S.F. (14 %)
Total Pave Driveway and Access Ways 29,177 S.F. (27 %)
Total Paved Area 44,612 S.F. (41 %)
Remaining Open Space Areas 36,464 S.F. (34 %)
Note: See site plans and architectural plans for location of units and additional detail.
35
v
Le emn
Bike Path
.,
Ba,v flap: I;uu_e Earth
Hospital
� Boys & Girls Club
'Middle School ��
&,Uigh School Stop &Sholi
l
Fire Station
Elementary
School ,
. Poliee
` Station
}
Surfside /Fairgrounds
Bus Stop
L'
SL.RFSIUE COMMONS
PROPOSEID
Suri'side/Boule%arde
Bus Stop
Sherburne Conurnons JO
VIII PROJECT IMPACTS
A. MUNICIPAL SERVICES & UTILITIES
1. SEWER SYSTEM
The Town has adequate Sewer capacity. Surfside Commons will generate approximately
13,420 GPD of Title V sewer flow. The project will include a gravity sewer system which will
flow to an on -site pump station. From there sewage will be transported via a new force
main to be installed along Surfside Road and Fairgrounds Road.
2. WATER SYSTEM
The Town has adequate water supply to accommodate the project. Surfside Commons will
be connecting to an existing 12 "water main at the intersection of Surfside Road and Fair
grounds Road then installing a new water main in Surfside Road with hydrants for fire
suppression. The 8/3/2009 Surfside Area Plan "recommends extending the municipal water
lines to the Surfside area in order to provide an adequate system of hydrants to aid in fire
suppression" This new water main will aid in fire suppression and allow for water service to
the surrounding properties.
3. STORMWATER MANAGEMENT
The stormwater management system for the development will utilize Best Management
Practices established by the Commonwealth of Massachusetts.
4. ELECTRIC, CABLE & INTERNET
Electric, Cable and Internet are available for Surfside Road.
5. PROPANE
An in ground propane system will be installed to service the community in compliance with
all applicable state standards.
37
B. CONSTRUCTION IMPACTS
1. NOISE
No construction activity on the property which may cause noise, vibration, glare, dust,
debris, or other detrimental impacts on adjacent lots and will not take place prior to 7:00 am
or after 6:00 pm Monday through Friday or prior to 8:00 am or after 5:00 pm on Saturday. No
outside construction activity shall take place on Sunday. Contractors will be instructed not
to leave vehicles idling to reduce air and noise pollution.
2. AIR QUALITY AND DUST
Crushed stone at the construction entrance, combined with a vegetation cover and water
sprinkling, as necessary, will be employed to control dust.
3. EROSION AND SEDMENTATION CONTROL
A silt sock system shall be install along the property line downgradient from disturbed areas
of the site. These barriers will prevent erosion from entering these areas. The barriers will
remain in place and be maintained in good working order until the areas contained within
have become stabilized. Track Pads will be established at the construction entrance.
C. TRAFFIC ANALYSIS
Traffic Assessment Executive Summary by Bristol Traffic &Transportation Consulting starting
on next page.
38
STORMWA TER DRAINA GE NARRA TI VE
FOR
PROPOSED
Surfside Commons
ASSESSOR'S MAP 67, Lot 80
106 Surfside Road
Town of Nantucket, Massachusetts
Nantucket County
Prepared by:
BOHLER ENGINEERING
352 Turnpike Road
Southborough, MA 01772
Tel: (508) 480 -9900
Fax: (508) 480 -9080
r'�p 'N OF
"s
G.
"'- . .
•z`� No. 41697
#41697
December 15, 2015
BEPC #W141149
BOHLER
E N G I N E E R I N G
I. INTRODUCTION Ig B O H L E R
The following report provides an analysis of the stormwater drainage conditions that will result
from the development of the subject site into a residential complex that will be known as Surfside
Commons. The site is located along the northerly side of Surfside Road located in the LUG -2
and LUG -3 zoning districts as well as the Lower Nantucket Wellhead Protection District (DEP
Zone II). The site is comprised of a single lot that is broken into several parcels of land identified
by the Nantucket Assessor's Office as Map 67, Lot 80 which contains approximately 2.49 acres
of land.
The property is bound to the north, east and west by residential properties and to the south by
Surfside Road. The site is located on a lot that is currently has a residential home and has no
drainage infrastructure. Based on available FEMA mapping, the site is not located within a flood
zone.
This report includes an analysis of the existing and proposed drainage characteristics of the site,
and provides a detailed analysis of the proposed stormwater management facilities and best
management practices (BMPs) that will control the stormwater outflow associated with the post -
development site.
This report addresses a comparative analysis of the pre and post development site stormwater
runoff conditions with the following primary design constraints being:
1. Meeting the standards of the Massachusetts Department of Environmental Protection
Agency's Stormwater Management Standards,
2. Complying with the Town Nantucket's regulations for Stormwater Management,
including A Guide to Stormwater Infiltration Practices prepared by the Pioneer Valley
Planning Commission.
II. DRAINAGE — EXISTING SITE CONDITIONS
The existing site is a t 2.49 acre parcel that has a residential building on -site. The site slopes
in a easterly direction and consists of woods and grass areas. The existing lot has been
analyzed as one drainage area (E -1).
Drainage Area E -1 contains 11,850 sf of paved area, 21,868 sf of wooded area and 89,662 sf
of landscaped areas totaling 123,380 sf. Runoff sheet flows in an easterly direction toward the
back of the property into the wooded area to the northeast.
III. DRAINAGE- PROPOSED SITE CONDITIONS
The developed site is proposed to include the construction four multi -floor residential
complexes with 56 housing units. The developed site will also include construction of
associated site improvements including stormwater management facilities, utility
improvements, parking areas, landscaping, lighting, and various site improvements as
illustrated on the Site Development Plans prepared by Bohler Engineering. The post
development conditions will result in an increase in impervious area and the site is designed
to mitigate the stormwater through the implementation of the stormwater management
facilities described within the body of this report.
The goals of the stormwater management system design are to maintain existing site drainage
patterns, mitigate peak post development flows & volumes, and to improve the water quality
of the stormwater leaving the site in accordance with applicable regulations. The proposed
drainage system has been designed to collect and rout stormwater from the subject site into
proposed underground basin systems which will infiltrate the site's runoff for storm
frequencies up to and including the 100 -year storm. The stormwater management system for
the site will include a series of deep -sump hooded catch basins and manholes which will
collect and convey runoff into a water quality units and then to the underground infiltration
systems. Water quality will be achieved through a combination of various measures
including deep -sump hooded catch basins, and water quality units. These treatment devices
will achieve the level of removal for total suspended solids (TSS) as required by the
applicable regulations. Based on available mapping, the site is located within the Town's
designated Public Wellhead Recharge Overlay District which requires the site to recharge
95% of the annual precipitation without degradation of stormwater quality. This mandate
will be achieved through utilization of the underground stormwater infiltration system in
combination with the proposed stormwater quality measures noted above. The site will also
meet the state standards for recharge.
For this analysis the post- development site has been divided into ten separate sub - drainage
areas, P -1 A through P 1 H that encompass "P -1 ".
PI -A is a subarea that consists of 14,500 sf of landscaped area. Stormwater from PI-A flows
into a grass lined swales and ultimately to the rear of the property as in existing conditions,
but at a lesser rate.
P1 -B is a subarea that consists of 7,102 sf of landscaped area and 38,652 sf of paved area
totaling 45,754 sf. Stormwater from this area flows in various directions where it is collected
by a series of deep sump catch basins with oil /water hoods, then to a water quality unit before
it's conveyed into an underground infiltration basin system which holds storms up to and
including the 100 year storm event.
P 1 -C is a subarea that consists of 17,032 sf of landscaped area and 2,792 sf of paved area
totaling 19,824 sf. Stormwater from this area flows in various directions where it is collected
by a deep sump catch basin with oil/water hoods, then to a water quality unit before it's
conveyed into an underground infiltration basin system which holds storms up to and
including the 100 year storm event.
PI -D is a subarea that consists of 6,800 sf of roofed area. Stormwater from this area is
conveyed into an underground infiltration basin system which holds storms up to and
including the 100 year storm event.
PI -E and P1 -F are subareas that consists of 3,050 sf of roofed area. Stormwater from this area
is conveyed into an underground infiltration basin system which holds storms up to and
including the 100 year storm event.
PI -G is a subarea that consists of 7,175 sf of roofed area. Stormwater from this area is
conveyed into an underground infiltration basin system which holds storms up to and
including the 100 year storm event.
P1 -H is a subarea that consists of 1,150 sf of roofed area. Stormwater from this area is
conveyed into an underground infiltration basin system which holds storms up to and
including the 100 year storm event.
PI -I is a subarea that consists of 5,014 sf of landscaped area and 16,988 sf of paved area
totaling 22,002 sf. Stormwater from this area flows in various directions where it is collected
by a series of deep sump catch basins with oil /water hoods and conveyed into an underground
infiltration basin system which holds storms up to and including the 100 year storm event.
2
IV. DRAINAGE ANALYSIS METHODOLGY
The methodology utilized to design the subject stormwater management system to
demonstrate compliance with the Town of Nantucket, State and Federal
requirements /guidelines is based on the SCS TR 55 Urban Hydrology for small watersheds
method.
In addition, times of concentration were generated from the SCS TR 55 Urban Hydrology for
small watersheds method. Runoff coefficients for the existing and post - development
conditions were developed using widely accepted runoff coefficients.
Compliance with the Massachusetts Department of Environmental Protection's Stormwater
Management Standards and the Town of Nantucket Requirements has been achieved through
the proposed drainage system design. The rainfall rates used were based on the SCS TR 55
Urban Hydrology rates.
V. DRAINAGE ANALYSIS RESULTS
The analysis of post development stormwater conditions indicate that the peak rates of runoff
and volumes to the design points will be decreased compared to the existing conditions, as
shown on the attached tables.
The tables below demonstrate that the post - development runoff rates and volumes associated
with all storm events including the 2 -year, 10 -year, 25 -year and 100 -year storms will be
decreased as a result of the proposed development. Table 1 & 1 A is a comparison of the total
flows and volumes discharging from the site, or (E1 + E2) compared to (P1 +P2 +P3).
Table l - Stormwater Runoff Rate -Total Stormwater exiting the site
2 year
0.14
0.00
-0.14
100%
10 year
0.79
0.01
-0.78
99%
25 year
1.49
0.05
-1.44
97%
100 ycar
2.85
0.17
-2.68
94%
Table IA - Stormwater Volume Summary -Total Stormwater exiting the site
2 year
0.052
0.000
-0.052
100%
10 year
0.154
0.005
.0.149
97%
25 year
0.247
0.011
-0.236
96%
100 year
0.420
0.023
-0.397
95%
3
VI. CONCLUSIONS
Analysis of the proposed stormwater management system as shown on the plans prepared by
Bohler Engineering indicates that the proposed development will ultimately not result in an
increase in the post - development peak runoff rates and volumes. Additionally, the proposed
best management practices will provide the benefits of improving TSS removal for the site's
runoff prior to discharge. As a result, there will be no negative impacts to the existing
drainage infrastructure or downstream receiving waters due to the proposed development.
4
VII. MASSACHUSETTS DEP STORMWATER MANAGEMENT STANDARDS
The following section describes the project's conformance with the Massachusett DEP's
current Stormwater Management Standards, as of January 2, 2008.
Low Impact Development (LID) Measures
The project has been designed to incorporate pollution prevention and good
housekeeping measures and a maintenance plan to ensure stormwater
management facilities are maintained in proper working order.
Standard #1- Untreated Storm Water
Runoff from impervious areas on site will be treated by a stormceptor units. All
new catch basins will have deep sumps and trap hoods. Untreated waters will not
be discharged directly to nor cause erosion in wetlands or waters of the
Commonwealth.
Standard #2: Post Development Peak Discharge Rates
Post development peak discharge rates for the site will be reduced compared to
existing conditions.
Standard #3: Recharge to Groundwater
Groundwater recharge will be achieved for a majority of the site's runoff through
implementation of the infiltration basins.
Standard 44: 80% TSS Removal
Water quality measures have been provided for this site including a stormceptor
units in combination with of deep sump and hooded catch basins to achieve a
"process train" of TSS removal. A total of greater than 80% TSS removal will be
achieved for captured runoff.
Standard #S • Land Use with Higher Potential Pollutant Loads
None of the proposed uses are deemed to be land uses with higher potential
pollutant loads.
Standard #6 • Protection of Critical Areas
The site is located with a Zone II recharge area and meets the recharge
requirements set forth by the state regulations.
Standard #7: Redevelopment Protects
The site is not considered a redevelopment project, and has been designed to
comply with all standards.
Standard 48• Erosion /Sediment ControlDuring Construction
An erosion and sediment control plan has been developed for this project as
shown on Site development plans by Bohler Engineering.
. Standard #9' DperationlHaintenance Plan
An Operation and Maintenance Plan has been provided as part of this report.
Standard #10: Illlicit Discharges
The proposed stormwater system will convey only stormwater and allowable non-
storm discharges (firefighting water, landscape irrigation, air conditioning
condensate, etc.) and will not contain any illicit discharges from prohibited
sources.
LONGTERM STORMWA TER SYSTEM OPERA TION AND
MAINTENANCE PLAN
The Stormwater Management Standards
Standard 9: A Long —Term Operation and Maintenance (O &M) Plan shall be developed
and implemented to ensure that stormwater management systems function as designed.
The Long -term Operation and Maintenance Plan shall at a minimum identify:
1. Stormwater management system(s) owners;
2. The party or parties responsible for operation and maintenance, including how
future property owners will be notified of the presence of the stormwater
management system and the requirement for proper operation and maintenance;
3. The routine and non - routine maintenance tasks to be undertaken after construction
is complete and a schedule for implementing those tasks;
4. Plan that is drawn to scale and shows the location of all stormwater BMPs in each
treatment train along with the discharge point;
5. Description and delineation of public safety features; and
6. Estimated operations and maintenance budget.
The Operation and Maintenance Plan shall identify best management practices for
implementing maintenance activities in a manner that minimizes impacts to wetland
resource areas.
The Proposal is for a private development.
Stormwater Management System
Property Owner: Lessee: Atlantic Development Corp
Nantucket 106 Surfside Realty Trust
Owner or Applicant Signature
Date
By executing signature above, the owner /applicant ensures that they understand the
recommended maintenance & inspections that are required for this development.
General Contractor: TBD
The General Contractor shall have all logs and reports as stated within the Stormwater
Pollution Prevention Plan readily available at all times for inspection by the Town of
Nantucket.
Method of recording for future Owners
❑ Deed
❑ Order of Conditions
❑ Other:
DRAINAGE SYSTEM
The following components shall be inspected:
• Inspection during or immediately following initial installation of sediment controls.
• Inspection following severe rainstorms to check for damage to controls.
• Inspection prior to seeding deadlines, particularly in the fall.
• Final inspection of projects nearing completion to ensure that temporary controls have
been removed, stabilization is complete, drainage ways are in proper condition, and the
final contours agree with the proposed contours on the approved plan.
Storm Events
2 year storm= 3.6 inches
10 year storm =4.9 inches
25 year storm =5.8 inches
100 year storm =7.2 inches
After the occurrence of any of the storm events noted above, or any other heavy rainfall that may
have affected stormwater management facilities, the designated inspector shall inspect the
components listed below for evidence of scouring or erosion, excessive sediment deposits,
clogging of stormwater structures, or any other condition that may adversely affect stormwater
management operations. The storage of snow, fertilizer, or pesticides shall be prohibited within
the 100 foot wetlands buffer.
If any of these conditions are observed, then appropriate actions should be taken to restore the
stormwater management facility so that it operates as intended.
COMPONENT: Underground Infiltration Basin, Catch Basins
RESPONSIBILITY:
During Construction: General Contractor - TBD
Post Construction: TD Bank, N.A.
ACTION: Inspection / cleaning
FREQUENCY: Once annually or when 6" or more of sediment accumulation is observed.
DESCRIPTION: The underground infiltration basin and catch basins shall be inspected bi-
yearly to ensure that they are operating as intended and that all components are stable and in
working order. Inspections shall be by qualified personnel assigned by the owner. Sediment
collecting in the bottom of the structure shall be inspected twice a year, and removal shall
commence any time the sediment reaches a depth of six inches anywhere in the basin / inlets.
Sediments removed shall be disposed of in accordance with the latest DEP guidelines for
stormwater sediment disposal.
Inspections:
• Inlet and Outlet condition
• Sediment Accumulation
• Oil /Gas Sheen in water
• Condition of outlet pipe
• General Inspection of basin
BUDGET: Inspection /cleaning- $5001 yr based on inspections and cleaning once annually or
as necessary.
COMPONENT: Stormwater Quality Unit (Stormceptor) — Manufacturer guidelines attached.
RESPONSIBILITY:
During Construction: General Contractor - TBD
Post Construction: TD Bank
ACTION: Inspection / cleaning
FREQUENCY: Per Manufacturer's Maintenance Guidelines or at least once annually
whichever is more restrictive depending on the rate of sediment accumulation.
DESCRIPTION: See attached Manufacturer's Maintenance Guidelines. All accumulated
materials shall be disposed of in accordance to DEP regulations.
BUDGET: Inspection /cleaning- $250/ yr based on inspections and cleanings of once a year.
SAMPLE BMP INSPECTION & MAINTAINENCE ACTIVITY FORM
NOTE: The owner is responsible for maintaining an accurate and complete log of inspection &
maintenance activities.
U
State below or attach a separate addendum of specific special permits or variance relief applying for:
see attached Surfside.Commons Application for Comprehensive Permit
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, unde the ains ,,6,enalties of perjury.
SIGNATURE:.- r l Owner*
rial�Jr ,Trustee, Nantucket 106 Surfside Realty Trust
SIGNATURE: Applicant /Attorney /Agent*
dal ''J.Rinnon, President, Atlantic Development, Manager of Surfside
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.Conimons LLC
OFFICE USE ONLY
Application received on:_ /_/_ By: Complete: Need Copies:
Filed with Town Clerk:–/–/– Planning Board:–/J_ Building Dept.:_ /J_ By:_
Fee deposited with Town Treasurer:–/–/– By:_ Waiver requested:
Granted:—/—/— Hearing notice posted with Town Clerk:_ /J_ Mailed:—/—/—
I&M_ /_ /_ &_/_ /_ Hearing(s) held on:_/_/_ Opened on :_ /_ /_
Continued to:_/_ /— Withdrawn:—/—/— Decision Due By:—/—/—
Made:--/—/— Filed w /Town Clerk:—/—/— Mailed:—/—/—
23365
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Property
Address 106 SURFSIDE RD
ID 67 80
Ownership ^
Name GIFFORD WHITNEY A TRST
Co -Owner NANTUCKET 106
Name SURFSIDE REALTYTR
Address PO BOX 2669 NANTUCKET,
MA 02584
Valuation ^
Total $1,051,900
Land $510,700
Last Sale $1,200,000 on 2013 -10 -30
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Property information
Property ID 67 80
Location 106 SURFSIDE RD
Owner GIFFORD WHITNEY A TRST
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.
12
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Proposed Surfside Commons Apartments
106 Surfside Road, Nantucket, MA
Traffic Assessment
Executive Summary
October 6, 2015
Prepared for:
Atlantic Development
62 Derby Street
Hingham, MA 015 81
or
LLOYD )Oa
1U1MM
� G11
No 298
Prepared by
BRISTOL TRAFFIC
TRANSPORTATION CONSULTING LLC'
Traffic Studies, Roadway Designs, Intersection lmprovements, Sate Designs
61 Hillsville Road
N. Brookfield, MA 01535
P:508- 867 -9048 F:508- 867 -9048
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
TRAFFIC ASSESSMENT —
SURFSIDE COMMONS PROPOSED 56 UNIT RENTAL APARTMENT
PROJECT, 106 SURFSIDE ROAD, NANTUCKET, MA
Prepared By: Bristol Traffic & Transportation Consulting LLC
October 6, 2015
For: Atlantic Development
EXECUTIVE SUMMARY
1. INTRODUCTION
Bristol Traffic & Transportation Consulting LLC has conducted this Traffic Assessment for
a proposed rental apartment 40B project to be located on the east side of Surfside Road
directly across from the Gladlands Avenue intersection. Due to its' proximity to the
Nantucket Mid - island area, it will be located less than a mile radius from many town and
commercial facilities such as the Elementary Schools, the Post Office, Fire Station, Police
Station, Stop & Shop, restaurants, Surfside Beach and a number of small business offices.
Just beyond the 1 mile radius are located other amenities such as the Nantucket High
School, Cottage Hospital, Boys & Girls Club, Banks, and retail shopping opportunities.
Within a 2 mile radius is the entire downtown commercial area and Steamship Authority
pier, the airport and numerous beach access points, many of which are connected to the
bike path network along the roadways.
This traffic assessment has been prepared for review by the Town of Nantucket review
Boards and the Public in general as well as the State 40B Review Agents to assist each in
determining the level of traffic that this development may generate. Due to the fact that
these apartments are for year round tenants, the majority of whom already live on
Nantucket, Surfside Commons should not be considered as entirely new traffic to
Nantucket. Instead it will provide housing for many local residents who already drive on
the surrounding streets and downtown area with those trips being dispersed on the local
street network surrounding the project site. A comparison of site traffic to the existing
traffic already using the local street network is provided in Table 4 to indicate the minor
percentage change this project will have on traffic in the surrounding community (< 3%
increase at Study Intersection).
The traffic related matters addressed in this report are based on discussions with various
Nantucket citizens, committee members and the planning staff members. Due to the fact
that apartments on average generate approximately two - thirds as many vehicle trips per day
as single family residential homes and an existing off -road bike / multi -use path is
conveniently located directly across the street from the site, the vehicle trips from this
project are anticipated to be significantly reduced during Nantucket's peak summer traffic
periods. The Surfside Road multi -use path connects to the schools and to the nearby
Bristol Traffic & Transportation Consulting LLC Page E- 1
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
Fairgrounds Road and South Shore Road bike paths, making pedestrian and bike travel
from this project very attractive.
Also to be included is an assessment of site driveway sight distance adequacy to assure that
the site will provide a safe ingress and egress to its' inhabitants and to the traveling public -
along Surfside Road. Since the only significant intersection in the vicinity of the project
site that may experience much of the sites' traffic is the Surfside Road / Fairgrounds Road /
S. Shore Road intersection, this traffic report will analyze any potential impact that site
trips could possibly make on that location and is considered to be the Study intersection for
safety and capacity.
This assessment includes the following subjects:
• Pedestrian access and circulation in the area surrounding the site;
• Sight distance analysis at the site driveway;
• Determination of site generated traffic volumes and their anticipated distribution
at the site driveway and at the above mentioned study intersection located
approximately 1,000 feet ( <0.2 miles) north of the site driveway;
• Presentation of a site traffic estimate comparison to traffic on Surfside Road at
the study intersection, based on new peak hour data collected at that
intersection August 13th and 15th, 2015;
• Capacity Analysis of the study intersection for existing 2015 No -Build traffic
and future 2020 No -Build versus 2020 Post -Build traffic Levels of Service;
• Discussion of impact of proximity of the NRTA Bus Stops on Fairgrounds
Road at its' intersection with Surfside Road and at the Surfside Road /
Boulevarde intersection.
This report documents the findings and conclusions of the traffic assessment for this site.
The development entrance / egress being located on Surfside Road directly across from
Gladlands Avenue, forming a four -way intersection, will avoid interlocking of vehicles with
that side road traffic. Currently the property includes an occupied single family residence
with its' driveway located a short distance to the south of the proposed project driveway.
The residence will be removed from the site eliminating the trips from the site that exist
today. The proposed apartments will be in four buildings with onsite space to include a
swimming pool and club house building for tenant activities. The anticipated build -out
would likely occur within the next one to two years.
1.1 Scope of Study
Based on a review of the area street network it was concluded that this assessment should
provide future site trip generation estimates with a comparison of those site volumes to the
traffic already traveling at the study intersection. Also a capacity analysis and accident
history review of the study intersection will be conducted. The available sight distance at
the site driveway for exiting vehicles and for approaching vehicles will be determined to
show that the recommended safe stopping sight distance for Surfside Road traffic will be
Bristol Traffic & Transportation Consulting LLC Pg E -2
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
provided for a safe egress / entrance location. A review will be conducted pertaining to
pedestrian and bicycling activity and their connectivity to the surrounding bike path
network. Pedestrian and bicycle counts were included in the Study intersection turning
movement counts included in Appendix A on sheets that are labeled Peds and Bikes.
Bristol Traffic & Transportation Consulting LLC Pg E -3
Scale: N.T.S.
Photo Source: 2015 Google Earth
106 SURFSIDE ROAD LOCUS
1-4 NANTUCKET, MASSACHUSETTS FIGURE 1
BRISTOL TRAFFIC & TRANSPORTATION CONSULTING, LLC N. BROOKFIELD, MA
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
2. EXISTING CONDITIONS
The existing roadways and intersections within the vicinity of the proposed development
were evaluated including land uses, geometries and traffic volumes. The following are brief
discussions about the existing roadways and intersections.
2.1 Existing Street System
2.1.1 Existing Roadways
Surfside Road - Within the vicinity of the proposed development Surfside Road runs
generally in a northwest- southeast direction, providing a link between the schools and
hospital area to the north and south to the shore and beaches. The pavement width in the
vicinity of the project varies between 21 and 24 feet with narrow striped shoulders and a
multiuse / bike path located on the west side of Surfside Road extending from the schools
to the Surfside Beach parking lot to the south. The speed limit on Surfside Road is 35
MPH.
Fairgrounds Road - Only 1,000 feet north of the site driveway, Fairgrounds Road connects
to Old South Road to the east with the Police Station, Town Planning offices and a
restaurant and residential parcels located along its length and a multi -use / bike path
provided is for its' entire length. Also included is an NRTA bus stop adjacent to the
Surfside Road intersection.
South Shore Road — This road extends to the southwest to the shore beaches with a bike
path along its' length.
Each of these roadways provides two travel lanes with a mix of land uses consisting of
commercial, residential and municipal uses.
Bristol Traffic & Transportation Consulting LLC Pg E -5
Scale: N.T.S.
2015 Photo Source: Google Earth
Study Intersection — 4Way Stop
Surfside Road / Fairgrounds Road / South Shore Road
NANTUCKET, MASSACHUSETTS FIGURE 2
BRISTOL TRAFFIC & TRANSPORTATION CONSULTING, LLC N. BROOKFIELD, MA
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
2.1.2 Existing Adjacent Intersections & Proposed Site Driveway Location.
Surfside Road at Fairgrounds Road / South Shore Road - At this intersection all four
approaches are stop sign controlled with pedestrian / bike crosswalks to connect the three
bike paths at this study intersection. Sight lines are clear in all four directions from the
stopped position, well beyond the required distance for a safe Stopping Sight Distance
(SSD) at a 35 MPH speed. This intersection has been analyzed as the Study Intersection
due to its' significance and Figure 2 shows the road and bike path layouts.
2.2 Existing Traffic Operations
2.2.1 Traffic Counts
In order to quantify existing peak tourism traffic conditions and identify predominant traffic
patterns on Surfside Road near the site, BTTC obtained August 2015 turning movement
counts (TMC)'s for the study intersection at Fairgrounds Road / S. Shore Road.
The intersection TMC's were performed on August 13th and 15`h during the peak summer
season. Weekday counts were collected for the AM peak period (6:00 to 9:00), the
Midday period (11:00 to 1:00) and the PM peak period (3:00 to 6:00). The weekend count
was conducted on a Saturday for the mid -day peak period (10:00 AM to 2:00 PM).
Existing background traffic in the site area is anticipated to grow by 1.0% per year going
forward from year 2015 to 2020 without the project trips. This growth rate was agreed to
as being reasonable for the project in 2020 by the Planning Transportation Department
personnel. Figures 5 & 6 indicate the anticipated traffic volumes at the study intersection
in year 2020 without the site project trips being added. These volumes allow one to
analyze the site traffic impacts in year 2020 when the site should be completed with full
occupancy compared to traffic in 2020 if the project trips are not present.
Bristol Traffic & Transportation Consulting LLC pg E_7
BTTC 21500104
Surfside Road at Fairgrounds Road / South Shore Road
Future No -Build 2020 Weekday AM, MD, PM Peak Hour Turning Movement Counts
Nantucket, MA - Surfside Rd. at Fairgrounds Rd. / S. Shore Rd.
Turning Movements for One hour Starting with 8:00 AM (Vehicles)
Counts conducted by Precision Data Industries - Thurs. 8 -13 -15 Weather: Clear
Growth Factor = 1.05
SURFSIDE ROAD
378
N i t M ° N 380
S. SHORE ROAD l FAIRGROUNDS ROAD
41611
6:00 -9:00 L 187
y AM � 39 305
to 79
361 y
211 666
� W
Total Hour 193 N N m O�
Volume= 1022 215
SURFSIDE ROAD
Turning Movements for One hour Starting with 12:00 PM (Vehicles)
Counts conducted by Precision Data Industries - Thurs. 8 -13 -15 Weather: Clear
SURFSIDE ROI
N 462
iCo a N N 428
S. SHORE ROAD i L1110. FAIRGROUNDS ROAD
113
57 Mt 12:00 -1:00 L 228
109 49 wMI] MD 60 396
3 108
r 322
223 718
Total Hour 319 v
Volume= 1183 216
SURFSIDE ROAD
Turning Movements for One hour Starting with 4:00 PM (Vehicles)
Counts conducted by Precision Data Industries - Thurs. 8 -13 -15 Weather: Clear
SURFSIDE ROAD
N 429
irn °' N 475
S. SHORE ROAD 1 %* FAIRGROUNDS ROAD
125
45 111t 4:00 -5:00 L 216
1091 55 y PM 64 370
9 r 89 428 Illllly
234 t 79988
C2 cO N
Total Hour 236 m N °2 LO
Volume= 1264 356
SURFSIDE ROAD
Figure 5
Compiled By: Bristol Traffic + Transportation Consulting, LLC
Surfside Road at Fairgrounds Road / South Shore Road
Future No -Build 2020 Saturday Midday Peak Hour Turning Movement Count
Nantucket, MA - Surfside Rd. at Fairgrounds Rd. / S. Shore Rd.
Counts conducted by Precision data Industries - 8 -15 -2015
Growth Factor = 1.05
Turning Movements for One hour Starting with 10:45 AM
N
LO
S. SHORE ROAD
SURFSIDE ROV
n
rn
L
�
(0
�;
(D
386
*j I %* (FAIRGROUNDS ROAD
53 Mt 10:45 -11:45 L F 183
132 67 MD 4$0= 63 353
13 � 107
r 319 mmjl�
258 1 ~-
Total Hour 289 CN ' co
Volume= 1120 1 247
SURFSIDE ROAD
Figure 6
BTTC 21500104
Compiled By: Bristol Traffic + Transportation Consulting, LLC
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
2.3 Existing Sight Distance
The stopping sight distance at the proposed site driveway was checked by BTTC using the
survey topographic plans north of the site along Surfside Road and available GIS
information along with site photographs. These sources verified that the small vertical
curve between the site driveway and the study intersection and a horizontal curve to the
south would not obstruct the drivers view at a distance less than the required safe Stopping
Sight Distance (SSD). Surfside Road has a straight alignment in both directions to beyond
the recommended SSD thereby not obstructing the drivers view for long distances.
Surfside Road is also relatively flat with a small percentage slope (1% to 2 %) downhill to
the south and uphill to the north. In both directions any vertical change in grade is at a
distance from the site driveway that well exceeds the recommended SSD and does not
impair sight lines at the driveway.
Two types of sight distance' lengths for intersecting roadways or driveways as
recommended by the American Association of State Highway and Transportation Officials
( AASHTO) are the Intersectional Sight Distance (ISD) and Stopping Sight Distance (SSD).
Even though ISD is longer and is desirable to improve intersection operational efficiency,
the minimum requirement for safety is the SSD.
The posted speed limit is 35 mph on Surfside Road. The minimum stopping sight distance
requirements set forth in the AASHTO publication indicates that for a 35 mph approach
speed the SSD for oncoming traffic to safely stop is 250 feet, whereas for a 40 mph travel
speed the SSD needed is 305 feet. ISD for left turn, the worst case movement, is 390 feet
and 435 feet for those same travel speeds. Table 1 shows a comparison of the required to
actual SSD and ISD available at the two site driveways for 35 mph.
Table 1
EXISTING Stopping Sight Distance & Intersection Sight Distance
AASHTO
Location / Direction Criteria 35 MPH
SSD ISD
Available
Distance
SSD ISD
Satisfied/
Not Satisfied
Surfside Road at Driveway
To North 250' 335' >400' >450' Satisfied
To South 250' 390' >400' >450' Satisfied
The site driveway ISD is measured back from the edge of travelway where the drivers eye
would view the oncoming traffic in the far lane to the right for southbound traffic and in the
near lane to the left for northbound traffic. To assure that the line of sight is clear, a
triangular area of vegetation will be trimmed on each side of the proposed site driveway to
make sure the sight lines are clear.
'American Association of State Highway and Transportation Officials (AASHTO, A Policy On Geometric
Design of Highways and Streets, 2011).
Bristol Traffic & Transportation Consulting LLC Pg E-10
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
Although Surfside Road is posted for 35 mph, based on the information provided in Table
1 the available sight distances for the site driveway location exceeds the AASHTO
minimum SSD and ISD requirements for 40 mph.
2.4 Pedestrian Access and Circulation
Currently there is a multiuse / bike path on the west side of Surfside Road that connects to
the study intersection where that path continues north to the schools and Sparks Avenue
and south to the Surfside Beach parking lot. At the study intersection the path connects
with the South Shore Road multiuse / bike path continuing southwest to the shore and
beaches and connects with the Fairgrounds Road multiuse / bike path to the east (see
Figure 2), which also connects to the Old South Road multiuse / bike path. To access the
Surfside Road path pedestrians and bicyclists can cross Surfside Road to the west side and
continue on the bike path network throughout the area. A pedestrian crosswalk and
crossing signs will be installed on the Souteast side of the site driveway, if deemed
appropriate by the review agencies, to make drivers aware of the potential for pedestrian
crossings.
The NRTA bus currently stops on the north side of Fairgrounds Road a very short distance
from Surfside Road with a bench for riders to sit while awaiting bus arrival. This bus stop
is only 1,000 feet north of the proposed project site, less than 0.2 miles or just over 4
minutes walking distance. Pedestrians or bicyclists can walk or ride to this stop from the
site and take the bus for the Miacomet or Surfside Beach routes during peak tourism
summer season, transported into the downtown section of town or to the Surfside Beach
parking lot. A second, closer bus stop on the Surfside Beach NRTA route is located at the
Surfside Road / Boulevarde intersection only 700 feet away, less than a 3 minute walk from
the project site driveway, with that route traveling from the beach parking lot into
downtown Nantucket.
2.5 Accident Research and Analysis
2.5.1 Accident Data
This corridor was studied to identify safety deficiencies. Accident data was
requested from and provided by MassDOT for the most recent 3 year period of
2011, 2012 and 2013. A search of this data indicates there were no reported
accidents at either the Study intersection or Surfside Road at Gladlands Road
intersection or near to those intersecitons.
Bristol Traffic & Transportation Consulting LLC Pg E -11
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
3 TRIP GENERATION AND DISTRIBUTION
3.1 Analysis Methodology and Assumptions
Potential Site Traffic has been estimated in order to determine the extent of change in
traffic conditions caused by the development of this project. In order to make this
determination, the following assumptions and methodology were employed:
Existing background traffic in the site area will grow by 1.0% per year going forward
from year 2015 to 2020 without the project trips. This growth rate was agreed to as being
reasonable for the project in 2020 by the Planning Transportation Department personnel
(see Figures 5 & 6).
Traffic generation estimates for the project were prepared using the Institute of
Transportation Engineers publication titled Trip Generation Manual 9th Edition, 2012.
Trip distribution directional splits for site traffic entering and exiting the site on Surfside
Road follow the existing count percentages for north and east traffic volumes based on the
Study intersection split in traffic (see Figures 7 through 10 for site driveway and study
intersection site trip movements). To the south most traffic is to residential parcels and
the beach areas with a portion of the new site trips anticipated to use the bike path, the
NRTA stop on Fairgrounds or at Boulevarde and along both Fairgrounds Road and
Surfside Road to access the many amenities available on those routes.
Cumulative traffic for the proposed project on the existing conditions 2020 study
intersection were then determined by superimposing the project - generated traffic onto the
existing traffic expanded to the year 2020 Build scenario (see Figures I1 & 12).
3.2 Trip Generation And Distribution
Trip generation estimates were prepared for the proposed development. The traffic
estimates were determined using the Institute of Transportation Engineers publication
entitled Trip Generation Manual, (TGM)`. Various studies have determined that particular
land uses such as supermarkets, office buildings, and residential land uses, exhibit certain
traffic volume characteristics. Some of these characteristics include: 1) Total entering and
exiting volume within a 24 -hour period; and 2) Peak hour traffic characteristics. The traffic
generation data is then compared to specific land use characteristics such as: the number of
dwelling units, the number of parking spaces, and /or the gross square footage of proposed
buildings. This data was utilized to develop site - specific traffic volumes for this project.
Bristol Traffic & Transportation Consulting LLC Pg E -12
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
Table 3
ITE TRIP GENERATION
PER LAND
USE CODE (2 -Way Enter & Exit)
ITE Use Description
AM Peak
MD Peak
PM Peak Saturday
Code
Hour Trip
Hour Trip
Hour Trip Peak hour
Ends
Ends
Ends Trip Ends
220 Apartment
33
49
49 42
Please note that Table 3 Trip Ends include a trip to the site and another trip exiting the site.
Actual vehicle counts are one -half of these numbers.
A year round rental apartment project will draw many occupants from the current residents
on Nantucket due to a shortage of economical housing units, thus many of the projected
tenants are currently driving on the streets of Nantucket and should minimize the new trips
arriving via ferry in the downtown areas. It is also anticipated that with excellent
pedestrian, NRTA and bike access, more people will travel from and to the site without
using a car, especially during the highest traffic periods during summer months.
The following Figures 7 and 8 show the ITE estimated site driveway trips with the
distribution following approximate current trends for traffic and an estimated percentage of
trips that will use the south direction to access the Surfside Beach area during the analysis
period of peak summer months. Figures 9 and 10 show the site trips assigned to the study
intersection at Fairgrounds Road based on existing directional traffic splits during the count
periods and the anticipated partial use of bicycles and NRTA in the vicinity of the project,
to avoid traffic congestion during peak summer months.
Bristol Traffic & Transportation Consulting LLC Pg E -13
Surfside Road at Site Driveway / Gladlands Avenue
Site Driveway Build Weekday AM, MD, PM Peak Hour Turning Movements
Assume Weekdays 20% of these trips will be by bike or bus, not vehicular trips.
Nantucket, MA - Surfside Rd. at Site Driveway estimated site trips
Turning Movements for One hour Starting with 8:00 AM (Vehicles)
SURFSIDE ROAD
9
0
N Cl) o o I m 1 21
GLADLANDS AVENUE 1 90% SITE DRIVEWAY
♦� 0
0 8:00 -9:00 90% 21
0 0 y AM 0 23
0 10% 2
10 y
0 10% 33
Total Hour 2 0 0 i M
Volume= 33 1
SURFSIDE ROAD
Turning Movements for One hour Starting with 12:00 PM (Vehicles)
SURFSIDE ROV
N 21
i O O N 21
GLADLANDS AVENUE *0 1 y 88% SITE DRIVEWAY
0
0 12:00 -1:00 85% 21
0 0
MM* MD 0 25
0 15% 4
24 ME*
1 12%
0 ♦ 9
Total Hour 4 0 o M
Volume= 49 3
SURFSIDE ROAD
Turning Movements for One hour Starting with 4:00 PM (Vehicles)
SURFSIDE ROAD
N 26
I� 0 o N ,6
GLADLANDS AVENUE 1 85% SITE DRIVEWAY
0
0 J 4:00 -5:00 85% 16
0 0 y PM 0 19
0 15% 3
30
0 1 15% 49
Total Hour 3 0 0 V, I n
Volume= 49 4
SURFSIDE ROAD
See Appendix B for ITE site trip calculations
BTTC 21500104
Figure 7
Compiled By: Bristol Traffic + Transportation Consulting, LLC
Surfside Road at Site driveway / Gladlands Avenue
Site Driveway Build Saturday Midday Peak Hour Turning Movements
Assume Weekends 25% of these trips will be by bike or bus, not vehicular trips.
Nantucket, MA - Surfside Rd. at Site Driveway estimated site trips
Turning Movements for One hour Starting with 10:45 AM
N
co
co
GLADLANDS AVENUE
SURFSIDE ROI
F
Iffilml
1 %* 80% SITE DRIVEWAY
0
0 J 10:45 -11:45 80% 14
0 0 ON* MD 0---1-81
0 W4 20% 4
24
i—MW7 *1 1 20%
Total Hour
Volume= 42 1
SURFSIDE ROAD
Figure 8
See Appendix B for ITE site trip calculations.
BTTC 21500104
Compiled By: Bristol Traffic + Transportation Consulting, LLC
1 %* 80% SITE DRIVEWAY
0
0 J 10:45 -11:45 80% 14
0 0 ON* MD 0---1-81
0 W4 20% 4
24
i—MW7 *1 1 20%
Total Hour
Volume= 42 1
SURFSIDE ROAD
Figure 8
See Appendix B for ITE site trip calculations.
BTTC 21500104
Compiled By: Bristol Traffic + Transportation Consulting, LLC
Surfside Road at Fairgrounds Road / S. Shore Road
Site Assigned Vehicle Trips Build Weekday AM, MD, PM Peak Hour Turning Movements
Nantucket, MA - Surfside Road at Study Intersection estimated site trips
Turning Movements for One hour Starting with 8:00 AM (Vehicles)
SURFSIDE ROAD
4
N I� o v o 10
S. SHORE ROAD J FAIRGROUNDS ROAD
55%
1
0 8:00 -9:00 0
0 O y AM 0 3
0 �3% 42 % 3
6 y
58%
1 5% t 37% 9
Total Hour 7 o m T N
Volume= 24 17
SURFSIDE ROAD
Turning Movements for One hour Starting with 12:00 PM (Vehicles)
SURFSIDE ROV
N 11
I N o 0 11
S. SHORE ROAD 4j 1 FAIRGROUNDS ROAD
6/ %*
1
0 12:00 -1:00 0
0 O y MD 0 6
0
IN 34% 6
5 y
67%
2% 31% �y
1 11
Total Hour 17 � ,c ,y
Volume= 34 1 17
SURFSIDE ROAD
Turning Movements for One hour Starting with 4:00 PM (Vehicles)
SURFSIDE ROAD
N F 12
S. SHORE ROAD FAIRGROUNDS ROAD X.
5
0
0 1 4:00 -5:00 0
1 O y PM 0 8
1 �4% 38% 8
5 y
60%
1 3% *1 f d* 37%
Total Hour 21 0 w ,c 19
Volume= 34 13
SURFSIDE ROAD
See Appendix B for ITE site trip calculations
BTTC 21500104
Figure 9
Compiled By: Bristol Traffic + Transportation Consulting, LLC
Surfside Road at Fairgrounds Road / S. Shore Road
Site Assigned Vehicle Trips Build Saturday MD Peak Hour Turning Movements
Nantucket, MA - Surfside Rd. at Study Intersection estimated site trips
Turning Movements for One hour Starting with 10:45 AM PM Vehicles
NI I�
S. SHORE ROAD
SURFSIDE ROV
F78
lffilw�
IFAIRGROUNDS ROD
51%
1 Mt0
1 0 y
1 M4%
10:45 -11:45 0
MD 0 5
37% 5
4
61%
2 iOW7 34%
Total Hour 14
Volume= 26 1 12
SURFSIDE ROAD
See Appendix B for ITE site trip calculations
Figure 10
BTTC 21500104
Compiled By: Bristol Traffic + Transportation Consulting, LLC
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
Table 4 compares the new site generated trips at the study intersection to the existing
traffic volumes already traveling through the study intersection in year 2020.
Table 4
NEW SITE TRIPS VS. 2020 NO -BUILD TRAFFIC VOLUMES
AT THE STUDY INTERSECTION.
Intersection
Peak Period
2020*
Existing Vol
New Build
Site Trips
Increase
Surfside Rd /Fairgrounds Rd/S.Shore Rd
Weekday AM
1022
24
2.3%
Weekday MD
1183
34
2.9%
Weekday PM
1264
34
2.7%
Saturday Midday
1120
26
2.3%
- i oral trarnc traveling through study intersection during 1 hour peak period. See Figures 5, 6, 9, 10.
The results in Table 4 indicate that the proposed development will add a rather minor
change in the amount of traffic traveling through the area near the site during the busiest
season of the year. This indicates the minor impact, under 3% additional traffic during
each of the peak hours of travel, that this project will have on the existing traffic operations
in the area.
3.4 Highway Capacity Analysis at Study Intersection
Using the 2015 and Future 2020 Existing Conditions No -Build and Build Peak
Hour turning movement counts the existing and future conditions capacity
analysis was performed on the Study Intersection for the weekday AM, MD and
PM and Saturday MD peak hours. The results of these analyses are shown in
Table 5 through 7 and the printouts can be found in Appendix D of the full
report.
Capacity analysis assesses traffic operations in terms of Level of Service (LOS)
that is a concept developed by transportation engineers to quantify the level of
operation of intersections and roadways. LOS measures are classified in grades
"A" through "F" indicating a range of operation from LOS "A ", signifying the least
congested level of operation, to "F ", the worst.
Level of Service for an unsignalized intersection is defined in terms of delay,
which is known as control delay. This criteria is given in Table 5.
Bristol Traffic & Transportation Consulting LLC Pg E -18
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
Table 5 — Level -of- Service
Criteria for Stop Controlled Intersections
LEVEL OF SERVICE
LOS
AVERAGE CONTROL
DELAY S/VE
A
<_10
B
>10 and 515
C
>15 and <_25
D
>25 and 535
E
>35 and 550
F
>50
Generally, LOS "D" is considered the threshold limit of acceptable operation for an
unsignalized intersection.
The existing and future LOS at the Study Intersection (calculations included in Appendix D
of the full report) has been evaluated for the previously defined weekday AM, MD and PM
Weekday and Saturday MD Peak hours. The findings of the capacity analyses are
summarized in Tables 6 through 8.
3.4.1 Existing Intersection 2015 LOS for No -Build Condition
Table 6
2015 Existing Conditions No -Build Levels of Service
a Volume to Capacity Ratio
b Delay in Seconds per Vehicle
Level of Service
Bristol Traffic & Transportation Consulting LLC Pg E-19
AM PEAK
MD PEAK
PM PEAK
SAT MD PEAK
Intersection
/Movement
LOS
DELAY`
LOS
DELAY
`
LOS
DELAY`
LOS
DELAY
Surfside Rd. at
Study
Intersection
N13 Approach
B
13.7
C
17.0
E
39.2
C
16.1
S13 Approach
C
21.9
F
51.0
F
105.3
D
26.9
EB Approach
B
12.5
B
14.7
C
16.8
B
13.5
WB Approach
C
18.5
D
30.9
E
48.8
C
22.0
a Volume to Capacity Ratio
b Delay in Seconds per Vehicle
Level of Service
Bristol Traffic & Transportation Consulting LLC Pg E-19
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
3.4.2 Future Intersection 2020 LOS for No -Build Condition
Table 7
2020 Existing Conditions No -Build Levels of Service
- volume to Capacity Katio
b Delay in Seconds per Vehicle
Level of Service
3.4.3 Future Intersection 2020 LOS for Build Condition
Table 8
2020 Existing Conditions Build Volumes Levels of Service
AM PEAK
MD PEAK
PM PEAK
SAT MD PEAK
Intersection
/Movement
LOSb
DELAY`'
"LOS;
DELAY'
LOS
DELAY`
LOS
DELAY
Surfside Rd. at
Study
Intersection
NB Approach
B
15.0
C
18.5
F
50.6
C
18.2
SB Approach
D
26.1
F
71.8
F
146.2
D
34.6
EB Approach
B
13.3
C
15.4
C
18.0
B
14.6
WB Approach
C
21.4
E
37.4
F
63.6
D
26.8
- volume to Capacity Katio
b Delay in Seconds per Vehicle
Level of Service
3.4.3 Future Intersection 2020 LOS for Build Condition
Table 8
2020 Existing Conditions Build Volumes Levels of Service
v otume to Capacity xatio
b Delay in Seconds per Vehicle
° Level of Service
A review of Tables 6 and 7 indicates that the study intersection has deficiencies during both
the 2015 and 2020 No -Build peak periods. Obviously during the 2020 Build scenario the
levels do not improve, however they only increase by moderate levels of delay. This
indicates that during summer peak periods the existing Study intersection handles sizable
volumes of traffic and with the small <3% increase from the site it will only change delays
Bristol Traffic & Transportation Consulting LLC Pg E -20
AM PEAK
MD PEAK
PM PEAK
SAT MDPEAK
Intersection
/Movement
LOSb
DELAY°
LOS
DELAY`
LOSb
DELAY°
LOS
DELAY
Surfside Rd. at
Study
Intersection
NB Approach
C
16.3
C
20.2
F
59.3
C
19.9
SBApproach
D
28.7
F
84.6
F
161.6
E
39.7
EB Approach
B
13.7
C
15.7
C
18.5
C
15.2
WB Approach
C
23.2
E
41.0
F
72.9
D
29.6
v otume to Capacity xatio
b Delay in Seconds per Vehicle
° Level of Service
A review of Tables 6 and 7 indicates that the study intersection has deficiencies during both
the 2015 and 2020 No -Build peak periods. Obviously during the 2020 Build scenario the
levels do not improve, however they only increase by moderate levels of delay. This
indicates that during summer peak periods the existing Study intersection handles sizable
volumes of traffic and with the small <3% increase from the site it will only change delays
Bristol Traffic & Transportation Consulting LLC Pg E -20
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
by a moderate amount. Perhaps in the future, due to the significant Surfside southbound
left turns and Fairgrounds westbound heavy right turns, the study intersection might be a
candidate for upgrade to a roundabout or other improvement.
4. SITE TRAFFIC MITIGATION RECOMMENDATIONS
4.1 Surfside Road at Site Driveway
Vegetation will be removed at both sides of the site driveway to enhance sight lines to
greater than the distance required for a speed of 40 mph on Surfside Road for both
Stopping Sight Distance and the desirable Intersection Sight Distances for that speed.
4.2 Pedestrian / Bike Path to NRTA Stops at Fairgrounds or Boulevarde.
Since this project is not expected to produce any significant increases in traffic to the area,
as is indicated in Table 4 with less than a 3% increase in peak summer peak hour traffic
periods, it is not deemed necessary to make any intersection or roadway improvements to
increase capacity. Deficiencies do exist in capacity at the study intersection without the site
traffic, not due to the site traffic. Instead, this project includes improvements that will
enhance pedestrian and bicycle activity in the area, thereby reducing overall vehicle use.
A new pedestrian crosswalk will be painted and pedestrian crossing signs added to cross
Surfside Road on the east side of the proposed site driveway to provide site pedestrians
and bicyclists with a safe crossing to the existing Surfside Road Bike Path located on the
south side of Surfside Road. This will help entice the apartment residents to utilize the
pedestrian / bike path to the Surfside Beach to the south and to the many commercial and
municipal facilities to the north, including the schools and playground areas. It will also
encourage residents to take the 4 minute walk to the existing NRTA bus routes either
starting at Fairgrounds Road or at Boulevarde, only a 3 minute walk south from the site.
5. STUDY CONCLUSIONS
The project traffic was analyzed for a 56 Unit apartment complex that will be deemed by
the state as affordable housing per Chapter 40B. The analysis indicates that the Surfside
Road area will see only a small increase in traffic from this project ranging from 2.3 -2.9%
over existing condition volumes in year 2020 during peak summer periods at the study
intersection. Most of the residents of this development are already using many of the
businesses in the area or they are already traveling through various roadways on Nantucket
and the majority will be current residents of the island. This year round rental of single to 3
bedroom units will provide a much needed source of affordable housing and will only add a
minor amount of traffic on the street network surrounding the site. The analysis utilized
ITE trip generation statistics, however these trip generation estimates are believed to be
conservative and many residents are believed to be candidates for using the NRTA and
Bike Path network surrounding the project site during peak summer months.
Bristol Traffic & Transportation Consulting LLC Pg E -21
TRAFFIC ASSESSMENT
Proposed Surfside Commons, Rental Apartments, 106 Surfside Road, Nantucket, MA
Based on the study analysis, it is believed that this project will have only a minor impact on
the area road network, with most of the site residents coming from the existing traffic flow
already on Nantucket. The sight distance analysis summarized in Table 1 verifies that the
proposed driveway location will be safe and appropriate. Overall this site development will
have little if any impact on the surrounding streets during the busiest summer period of the
year.
Bristol Traffic & Transportation Consulting LLC Pg E -22
Table 12. Nantucket's Chapter 408 Inventory (2015)
Development
Location
Housing
Type
SHI
Units
Restriction
Expires
Subsidizing Agency
Miacomet Village 1
3 Manta Drive
Rental
10
Perpetual
DHCD
Miacomet Village 1
3 Manta Drive
Rental
12
Perpetual
DHCD
Miacomet Village II
Norquarta Drive
Rental
19
5/1/2047
FHLBB, RHS
Housing Authority
Benjamin Drive
Rental
5
Perpetual
HUD
Academy Hill School
Westminster St.
Rental
27
12/1/2016 i
MassHousing, HUD
Landmark House
144 Orange St.
Rental
18
2015*
i
HUD 202, RHS j
Landmark House II
Orange St.
Rental
8
2041
FHLBB, HUD
DMH Group Homes
Confidential
Rental
5
I
N/A
DMH
Norquarta Drive
Norquarta Drive
Rental
2
Perpetual
DHCD
Dartmouth Street
Dartmouth Street
Rental
2
Perpetual
Town of Nantucket
Norwood Street
Norwood Street
Rental
1
Perpetual
I
Town of Nantucket
Irving Street
Irving Street
Rental
j 1
Perpetual
Town of Nantucket
Clarendon Street
Clarendon Street
Rental
1
Perpetual
Town of Nantucket j
Abrem Query
Beach Plum Village
2 -4 -6 -8 Folger Ave
15 -19 Rugged Rd;
6 -8 Scotts Ways
Own
Own
7
3
Perpetual
Perpetual
! FHLBB
MassHousing
Sources: DHCD, Housing Nantucket
From the Office of:
Jonathan W. Harlow, Jr.
Fellman Law Group, P.C.
54 Jaconnet Street
Newton, MA 02461
STANDARD FORM
PURCHASE AND SALE AGREEMENT
This _ day of August, 2015.
1. PARTIES
Whitney A. Gifford, Trustee of Nantucket 106 Surfside Road Realty Trust
(the "SELLER ") agrees to sell, and
Surfsids Commons, LLC, a Massachusetts limited liability company
(the "BUYER ") agrees to BUY, upon the terms hereinafter set forth, the following described premises:
2. DESCRIPTION
That certain parcel of land now known and numbered as 106 Surfside Road, Nantucket,
Massachusetts, being shown as a parcel Identified as "Total Area 108,533 S.F. + / -' on a plan
entitled "Perimeter Plan of Land in Nantucket, Mass., Prepared for Nantucket 106 Surfside
Realty Trust," dated May 15, 2015, by Blackwell & Associates, Inc., recorded with the Nantucket
County Registry of Deeds In as Plan No. 2015.43 (the "Premises ").
3. BUILDINGS,
Included in the sale as a part of the Premises are the buildings, structures, and improvements now
STRUCTURES,
thereon.
IMPROVEMENTS,
FIXTURES
4. TITLE DEED
The Premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to
the nominee designated by the BUYER by written notice to the SELLER at least seven (7) days before
the deed Is to be delivered as herein provided, and said deed shall convey a good and clear record and
marketable title thereto, free from encumbrances, except:
(a) Provisions of existing building and zoning law;
(b) Such taxes for the then current year as are not due and payable on the date of the delivery
of such deed;
(c) Any liens for municipal betterments assessed after the date of this agreement.
5. PLANS
If said deed refers to a plan necessary to be recorded therewith, the SELLER shall deliver such plan
with the deed in form adequate for recording or registration.
6. REGISTERED
In addition to the foregoing, if the title to the Premises is registered, said deed shall be in form sufficient
TITLE
to entitle the BUYER to a Certificate of Title of the Premises, and the SELLER shall deliver with said
deed all Instruments, if any, necessary to enable the BUYER to obtain such Certificate of Title.
7. PURCHASE PRICE
The agreed purchase price for the Premises is One Million Five Hundred Thousand and 00/100
Dollars ($1,500,000.00) of which
$ 25,000.00 have been paid as a deposit this day (the "Deposit "), and
$ 1,475,000.00 is to be paid at the time of delivery of the deed in cash, or by
certified, cashiers, treasurer's, or bank check(s).
S
$ 1,475,000.00 TOTAL
8. TIME FOR
The Deed is to be delivered to the BUYER at 11:00 a.m. on the first business day that is at least thirty
PERFORMANCE;
(30) days following the expiration of the Permitting Period, as set forth herein, or an earlier date upon
DELIVERY OF DEED
seven (7) days prior written notice from the BUYER to the SELLER at the offices of the BUYER's
counsel unless otherwise agreed upon in writing. It is agreed that time is of the essence of this
Agreement.
9. POSSESSION AND Full possession of the Premises free of all tenants and occupants, is to be delivered at the time of the
CONDITION OF delivery of the deed, the Premises to be then (a) in the same condition as they now are, reasonable use
PREMISES and wear thereof excepted; (b) not in violation of said building and zoning laws; and (b) in compliance
with the provisions of any instrument referred to in Paragraph 4 of this Agreement. The BUYER shall be
entitled to an inspection of the Premises prior to the delivery of the deed in order to determine whether
the condition thereof complies with the terms of this Paragraph. The SELLER shall remove all personal
property from the Premises, including from the interior of any buildings or structures located on the
Premises, prior to the Closing.
10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the
PERFECT TITLE OR Premises, all as herein stipulated, or if at the time of the delivery of the deed the Premises do not
MAKE PREMISES conform with the provisions hereof, then the SELLER shall use reasonable efforts to remove any
CONFORM defects in title, or to deliver possession as provided herein, or to make the Premises conform to the
provisions hereof, as the case may be, in which event the time for performance hereof shall be
extended for a period reasonably necessary for the SELLER to remove any defects in title, or to deliver
possession as provided herein, or to make the Premises conform to the provisions hereof, as the case
may be.
11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title,
PERFECT TITLE OR deliver possession, or make the Premises conform, as the case may be, all as herein agreed, or if at
MAKE PREMISES any time during the period of this Agreement or any extension thereof, the holder of a mortgage on said
CONFORM, etc. premises shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then, at
the BUYER'S option, any payments made under this Agreement shall be forthwith refunded and all
other obligations of all parties hereto shall cease and this Agreement shall be void without recourse to
the parties hereto.
12. BUYER'S
The BUYER shall have the election, at either the original or any extended time for performance, to
ELECTION TO
accept such title as the SELLER can deliver to the Premises in their then condition and to pay therefor
ACCEPT TITLE
the purchase price without deduction, in which case the SELLER shall convey such title, except that In
the event of such conveyance in accord with the provisions of this Paragraph, if the Premises shall
have been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER
has previously restored the Premises to their former condition, either
(a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or
recoverable on account of such Insurance, less any amounts reasonably expended by the
SELLER for any partial restoration, or
(b) if a holder of a mortgage on the Premises shall not permit the insurance proceeds or a part
thereof to be used to restore the Premises to their former condition or to be so paid over or
assigned, give to the BUYER a credit against the purchase price, on delivery of the deed, equal to
said amounts so recovered or recoverable and retained by the holder of the mortgage less any
amounts reasonably expended by the SELLER for any partial restoration.
13. ACCEPTANCE
The acceptance of a deed by the BUYER or the BUYER'S nominee as the case may be, shall be
OF DEED
deemed to be a full performance and discharge of every agreement and obligation herein contained or
expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed.
14. USE OF PURCHASE
To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of
MONEY TO CLEAR
delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all
TITLE
encumbrances or interests, provided that all instruments so procured are recorded simultaneously with
the delivery of said deed.
15. INSURANCE
Until the delivery of the deed, the SELLER shall maintain insurance on the premises as follows:
Type of Insurance Amount of Coverage
(a) Fire; and ' S
(b) Extended coverage ' S
" As presently insured.
16. ASSIGNMENT OF
This paragraph Is intentionally omitted.
INSURANCE
17. ADJUSTMENTS
Water and sewer use charges, and Taxes for the then current year, shall be apportioned as of the day
of performance of this Agreement and the net amount thereof shall be added to or deducted from, as
the case may be, the purchase price payable by the BUYER at the time of delivery of the deed. The
BUYER shall pay the applicable Nantucket Land Bank Tax.
18. ADJUSTMENT OF If the amount of said taxes or charges is not known at the time of the delivery of the deed, they shall be
UNASSESSED AND apportioned on the basis of the assessments for the preceding year, with a reapportionment as soon as
ABATED TAXES the new taxes or charges can be ascertained; and, if the taxes which are to be apportioned shall
thereafter be reduced by abatement, the amount of such abatement, less the reasonable cost of
obtaining the same, shall be apportioned between the parties, provided that neither the SELLER nor the
BUYER shall be obligated to institute or prosecute proceedings for an abatement unless herein
otherwise agreed.
2
19. BROKER'S FEE
Not applicable.
20 BROKER(S)
Not applicable.
WARRANTY
21 DEPOSIT
All deposits made hereunder shall be held by Fellman Law Group, P.C, subject to the terms of this
Agreement, including, without limitation, the escrow provisions in Exhibit A, attached hereto, and shall
be duly accounted for at the time for performance of this Agreement; provided however that in the event
of any disagreement, Escrow Agent shall retain said deposits pending Instructions mutually given by the
SELLER and the BUYER. Said deposits shall be held in an insured, interest - bearing account, and
interest thereon shall accrue and be paid to the SELLER at the time of delivery of the deed, except
such Interest shall be paid to the BUYER if the BUYER shall become entitled to a refund of such
deposit and shall not waive such right.
22. BUYER'S DEFAULT;
See Paragraph 38, below.
DAMAGES
23. SALE OF PERSONAL
As set forth in Paragraph 3, above.
PROPERTY
24. RELEASE BY
Not applicable.
HUSBAND OR WIFE
25. BROKER AS
Not applicable.
PARTY
26. LIABILITY OF
If the SELLER or the BUYER executes this Agreement in a representative or fiduciary capacity, only the
TRUSTEE,
principal or the estate represented shall be bound, and neither the SELLER nor the BUYER so
SHAREHOLDER,
executing, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation,
BENEFICIARY, etc.
express or implied, hereunder.
27. WARRANTIES AND
The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor
REPRESENTATIONS
has the BUYER relied upon any warranties or representations not set forth or incorporated in this
Agreement or previously made in writing, except for the following additional warranties and
representations, if any, made by the SELLER: See Paragraphs 31 and 36.
28. CONSTRUCTION OF
This instrument, executed in multiple original counterparts, is to be construed as a Massachusetts
AGREEMENT
contract, is to take effect as a sealed Instrument, sets forth the entire contract between the parties, is
binding upon and inures to the benefit of the parties hereto and their respective heirs, devisees,
executors, administrators, successors, and assigns, and may be cancelled, modified, or amended only
by a written instrument executed by both the SELLER and the BUYER. If two or more persons are
named herein as the BUYER their obligations hereunder shall be joint and several. The captions and
marginal notes are used only as a matter of convenience and are not to be considered a part of this
Agreement or to be used in determining the intent of the parties to it.
29. LEAD PAINT LAW
The parties acknowledge that, under Massachusetts law, whenever a child or children under six years
of age resides in any residential premises in which any paint, plaster, or other accessible material
contains dangerous levels of lead, the owner of said premises must remove or cover the paint, plaster,
or other material so as to make it inaccessible to children under six years of age.
30. Buyer's Contingencies. (a) The Buyer shall have the right to have (i) a structural,
mechanical and wood- boring insect inspection made of the Premises, (ii) a septic system inspection, and
(iii) a well inspection. If the Buyer is not satisfied with the results of any of the foregoing tests or
inspections in the Buyer's sole discretion, the Buyer shall have the right to terminate this Agreement by
giving notice thereof to the Seller in the manner herein provided, such notice to be given not later than the
ninety (90) days following the date of this Agreement (the "Due Diligence Period "); and if such notice is
not timely given, this right of termination shall be conclusively determined to have expired. If the Buyer
does not terminate this Agreement prior to the expiration of the Due Diligence Period, then the Deposit
shall be paid to the Seller and not held in escrow, shall be non - refundable to the Buyer unless the Closing
fails to occur due to a default by the Seller under this Agreement, but shall be applicable to the Purchase
Price at Closing.
(b) The Buyer shall have the right, prior to the date which is twelve (12) months following
the end of the Due Diligence Period (the "Permitting Period "), to apply for any and all necessary permits,
approvals, and licenses in connection with development upon the Premises, including, without limitation,
a building permit (collectively, the "Permits "). The Seller agrees to cooperate in any reasonable manner
in connection with the making of applications for any Permits. If the Buyer shall not have received the
final, non- appealable Permits ( "Final Permits ") prior to the end of the Permitting Period, the Buyer shall
have the right to extend the Permitting Period by up to two (2) periods of six (6) months each by giving
the Seller notice of the extension prior to the end of the Permitting Period or the prior extension period, as
applicable. The Buyer shall pay to the Seller on or before the first business day of each extension of the
Permitting Period, as the same may be extended by the Buyer, and on the same day of each month
thereafter, an additional, non - refundable payment of Ten Thousand and 00/100 Dollars ($10,000.00) (the
"Extension Deposits'). The Extension Deposits shall be paid to the Seller and not held in escrow, shall
be non - refundable to the Buyer unless the Closing fails to occur due to a default by the Seller under this
Agreement, but shall be applicable to the Purchase Price at Closing_ If the Buyer determines, in the
Buyer's sole discretion, at any time prior to the expiration of the Permitting Period, as the same may be
extended by the Buyer, that the Buyer will be unable to obtain the Permits with conditions acceptable to
the Buyer, then the Buyer shall have the right to terminate this Agreement by giving notice thereof to the
Seller in the manner herein provided, such notice to be given not later than the expiration of the
Permitting Period, as such period may be extended by the Buyer; and if such notice is not timely given,
this right of termination shall be conclusively determined to have expired. Notwithstanding the foregoing,
in the event an appeal is filed against any of the Permits, the Seiler shall have the right to extend the
Permitting Period for such amount of time reasonably necessary to contest such appeal or appeals before
4
any applicable municipal or judicial forum by giving notice of such extension to the Seller prior to the end
of the then- current Permitting Period.
31. Warranty of No Broker. The Buyer and the Seller represent and warrant that the respective
party has not dealt with any broker in connection with the transaction which is the subject of this
Agreement in any fashion which will give rise to a claim for a commission in this sale. Each party hereby
undertakes and agrees to save and hold harmless the other from and against any claims for brokerage
commissions which may be asserted in connection with this sale, including all costs and expenses which
may be incurred in defending against any such claim.
32. Title Insurance. Title to be conveyed pursuant to this Agreement shall not be deemed to be
in compliance with the provisions of Paragraph 4 of this Agreement unless a commitment for the issuance
of an owner's title insurance policy to the Buyer or the Buyer's nominee, and a lender's title Insurance
policy for any prospective mortgagee, shall be available to the Buyer at the time of delivery of the deed,
for the insurance of the Interest of such parties in the Premises, subject only to standard exclusions from
coverage printed in the policy cover and exceptions for real estate taxes not yet due and payable and with
all exceptions or exclusions relating to the rights of creditors deleted. Such policy shall be in the ALTA
standard form and shall be issued by a major Insurance company doing business in Massachusetts. The
Buyer shall pay all standard and usual premiums for the issuance of any such title insurance policy if such
coverage is desired. The Seller agrees to cooperate in providing all necessary materials in order to
secure the deletion of any exception or exclusion for creditors' rights.
33. Additional Seller's Documents.
(a) At the time for delivery of the deed, as a condition for the Buyer's performance
hereunder, the Seller shall deliver to the Buyer the following additional documents:
(1) a quitclaim deed sufficient to transfer and convey to the Buyer fee simple title to
the Premises as required by this Agreement;
(ii) An affidavit with respect to mechanics' liens and parties in possession sufficient
to enable the Buyer to obtain title insurance free from all exceptions as to such matters.
5
(ill) A Form 1099 -B to be filed with the Internal Revenue Service pursuant to Section
6045(e) of the Internal Revenue Code.
(iv) A certificate in compliance with Internal Revenue Code, Section 1445(b)(2),
stating that the Seller does not constitute a "foreign person" as defined therein, providing the Seller's
taxpayer identification number.
(v) A closing settlement statement.
(vi) Any other instruments, records or correspondence called for hereunder, or
necessary to effectuate the closing, which have not previously been delivered, including, without
limitation, any necessary probate documents.
34. Seller's Cooperation. The Seller shall cooperate with the Buyer by promptly signing any
necessary applications for the Buyer to deal with municipal and state authorities and apply for permits
and approvals for house renovations, wetlands surveys and to establish Endangered Species Act habitat
lines. All of the foregoing shall be at the Buyer's sole expense.
35. Notice. All notices to be given pursuant to this Agreement shall be effective only when given
In writing and mailed by certified mail, return receipt requested, or shall be sent by Federal Express or
other comparable overnight delivery courier, to the other party at the following addresses:
To Seller: Whitney A. Gifford, Trustee
Nantucket 106 Surfside Realty Trust
Reade, Gullicksen, Hanley and Gifford, LLP
6 Youngs Way
Nantucket, MA 02684
To Buyer: Surfside Commons, LLC
c/o Atlantic Development
62 Derby Street
Hingham, MA 02043
36. Seller's Representations and Warranties. The Seller represents and warrants to the Buyer
as follows:
(a) Ownership. The Seller is the owner of the Premises. The Seller has not pledged,
hypothecated or otherwise encumbered the Premises except for mortgages of record.
6
(b) Ability to Perform. The Seller has full power to execute, deliver and carry out the terms
and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery
and performance of this Agreement, and this Agreement constitutes the legal, valid and binding obligation
of the Seller enforceable in accordance with its terms.
(c) Pending Actions. To the Seller's knowledge, there Is no action, proceeding or
investigation pending against the Seller or the Premises or any part thereof before any court or
governmental department, commission, board, agency or instrumentality which could have a material
adverse effect on the Premises, the Seller's interest therein or the Seller's ability to perform its obligations
hereunder. The Seller shall notify the Buyer promptly of any such action, proceeding or investigation of
which the Seller becomes aware prior to the Closing.
The Seller represents and warrants to the Buyer that, as of the Closing, each of the
warranties and representations set forth in this Paragraph 36 shall be true, complete and correct in all
material respects, except for changes in the operation of the Premises occurring prior to Closing which
are specifically permitted by this Agreement. It shall be a condition of the Buyer's obligation to close that
each of the warranties and representations are true, complete and correct at the time of Closing in all
material respects.
38. Failure to Perform.
(a) Buyer's Default. If the Buyer shall fail to fulfill the Buyer's agreements herein, all
deposits made hereunder by the Buyer shall be retained by the Seller as liquidated damages which shall
be the Seller's sole remedy at law or in equity for such failure by the Buyer.
(b) Seller's Default. If at the Closing, the Seller is unable, despite diligent good faith efforts,
to satisfy all of the Seller's obligations as set forth in this Agreement, and the Buyer does not elect to take
title as provided in Paragraph 11, above, the Seller shall be in default under this Agreement and the entire
Deposit shall be forthwith returned to the Buyer. In addition to the foregoing, if the Buyer desires to
purchase in accordance with the terms of this Agreement and the Seller intentionally refuses to perform
the Seller's obligations hereunder, the Buyer, at its option, shall have all of its rights at law and in equity,
including, without limitation, the right to compel specific performance by the Seller hereunder.
7
(Remainder of page intentionally left blank.]
WITNESS the execution under seal as of the date first set forth above.
ESCROW AGENT:
FELLMAN LAW GROUP, P.C.
By:
Jonathan W. Harlow, Jr.,
Its Principal
Date: August 10,t
SELLER:
WHI- NF-Y A. GIFFOP/0, TWSTEE OF
NANTUCKET 106 S RESIDE ROAD REALTY
TRUST and not individually
Dale: August 2015
n- ey a
SURFSIDE COMMONS, LLC,
A Massachusetts limited liability company
By: Atlantic Developme o4ati
Its Manager f''� -"
Donald J. MacKinnon,
Its President
4In
Date: August 1a, 2015
2
EXHIBIT A
ESCROW PROVISIONS
Buyer and Seller, jointly and severally agree that the Escrow Agent, Fellman Law Group, P.C. ( "Escrow
Agent ") shall incur no liability whatsoever in connection with its good faith performance under this Escrow
Agreement, and do hereby jointly and severally release and waive any claims we may have against
Escrow Agent, which may result from its performance in good faith of its function under this agreement,
including but not limited to, a delay in the electronic wire transfer of funds. Escrow Agent shall be liable
only for loss or damage caused directly by its acts of gross negligence or willful misconduct while
performing as Escrow Agent under this Escrow Agreement.
The Escrow Agent undertakes to perform only those duties which are expressly set forth in that certain
Agreement attached hereto, and acknowledge that these duties are purely ministerial in nature.
The Escrow Agent shall be entitled to rely upon the authenticity of any signature and the genuineness
and validity of any writing received by Escrow Agent relating to this Escrow Agreement. Escrow Agent
may rely upon any oral identification of a party notifying Escrow Agent orally as to matters relating to this
Agreement if such oral notification is permitted thereunder. Escrow Agent is not responsible for the
nature, content, validity or enforceability of any of the escrow documents except for those documents
prepared by Escrow Agent.
In the event of any disagreement between the parties hereto resulting in conflicting instructions to, or
adverse claims or demands upon the Escrow Agent with respect to the release of the Funds or the
escrow documents, the Escrow Agent may refuse to comply with any such instruction, claim or demand
so long as such disagreement shall continue and in so refusing the Escrow Agent shall not release the
escrowed funds (the "Funds ") or the escrowed documents (the "Documents "). The Escrow Agent shall
not be, or become liable in any way for its failure or refusal to comply with any such conflicting
instructions or adverse claims or demands and it shall be entitled to continue to refrain from acting until
such conflicting instructions or adverse claims or demands (a) shall have been adjusted by agreement
and it shall have been notified in writing thereof by the parties hereto; or (b) shall have finally been
determined in a court of competent jurisdiction. In the alternative, Escrow Agent may, but shall not be
obligated to, file a suit in interpleader for a declaratory judgment for the purpose of having the respective
rights of the claimants adjudicated and may deliver to the court the Funds and Documents.
The Escrow Agent shall be entitled to receive reimbursement as Escrow Agent of documented
reasonable attorneys' fees and other documented out -of- pocket expenses incurred by it in the
performance of its duties under this Agreement, which shall be paid in equal amounts by Buyer and
Seller. If the Escrow Agent's duties and responsibilities are increased beyond the contemplated within this
Agreement, additional compensation will be allowed as agreed upon in writing by all of the parties hereto.
Such additional compensation shall be shared equally by Buyer and Seller.
The Escrow Agent may at its sole discretion resign by giving (30) days written notice thereof to the parties
hereto. The parties shall furnish to the Escrow Agent written instructions for the release of the Funds and
Documents. If the Escrow Agent shall not have received such written instructions within the thirty (30)
days, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a
successor Escrow Agent and upon such appointment deliver the Funds and Documents to such
successor. Costs and fees incurred by the Escrow Agent may, at the option of the Escrow Agent, be
deducted from any funds held pursuant hereto. The Escrow Agent neither approves nor disapproves of
this transaction, nor does it recommend for or against, nor does it have an opinion as to the legality or
validity of the transaction.
if the Funds is at any time attached, garnished, or levied upon under any court order or if the payment or
delivery of the Funds is stayed or enjoined by any court order, or If any order, judgment or decree shall be
made or entered by any court affecting the Funds, Escrow Agent is authorized, in its sole discretion, to
10
rely upon and comply with the order, writ, judgment or decree. Escrow Agent shall not be liable to any of
the parties or to any other person firm or corporation by reason of such compliance even though the
order, writ, judgment or decree may be subsequently reversed modified, annulled, set aside or vacated.
Upon making disposition of the Funds in accordance with this Agreement, Escrow Agent shall be deemed
fully released and discharged from any and all duties and obligations under this Agreement, without the
need that any other documentation be executed by Seller or Buyer.
Escrow Agent shall not be responsible for (i) any fluctuations in the interest rate applicable to any cash
held by it pursuant to or by virtue of this Agreement: (ii) the validity, sufficiency, collectability, or legal
effect of any instrument deposited with Escrow Agent.
Notwithstanding anything contained in this Agreement to the contrary, Escrow Agent has the right (but not
the obligation) to require from Seller and Buyer a written release of liability of Escrow Agent, a written
authorization to disburse the Funds, or both.
The parties hereto do hereby certify that they are aware that the Federal Deposit Insurance Corporation
( "FDIC ") coverages apply only to a cumulative maximum amount of $250,000 for each individual
depositor for all of depositor's accounts at the same or related institution. The parties hereto further
understand that certain banking instruments such as, but not limited to, repurchase agreements and
letters of credit are not covered at all by FDIC insurance.
Further the parties hereto understand that Escrow Agent assumes no responsibility for, nor will the parties
hereto hold Escrow Agent liable for, any loss occurring which arises from the fact that the amount of the
above account may cause the aggregate amount of any individual depositor's accounts to exceed
$250,000 and that the excess amount is not insured by the Federal Deposit Insurance Corporation or that
FDIC Insurance is not available on certain types of bank instruments.
The parties to this escrow acknowledge that the maintenance of such escrow accounts with some
depository institutions may result in Escrow Agent being provided with an array of bank services,
accommodations or other benefits by the depository institution. Escrow Holder or its affiliates also may
elect to enter into other business transactions with or obtain loans for investment or other purposes from
the depository institution. All such services, accommodations and other benefits shall accrue to Escrow
Agent, and Escrow Agent shall have no obligation to account to the parties to the escrow for the value of
such services, accommodations or other benefits.
NATURAL
RESOURCE
ENVIRONMENTAL
SOLUTIONS
Phase I Environmental Site Assessment
106 Surfside Road
Nantucket, MA
Prepared for Atlantic Development
4JOPES Associates
Environmental Engineering Services
Phase / Environmental
Site Assessment
106 Surfside Road
Nantucket, MA 02554
September 8, 2015
PES Project #15 -10384
Prepared For:
DJ MacKinnon
Atlantic Development
62 Derby Street
Hingham, MA 02043
PES Associates, Inc.
Emily Shick
Environmental Scientist
Stephan J. White
President
62 DERBY STREET, Suite 10 - HINGHAM, MA 02043 -
- NATIONWIDE 888- 660 -9975 -
Table of Contents 154036.1
10
INTRODUCTION I
1,1
PURPOSE 1
1.2
SCOPE OF SERVICES 1
1.3
FINDINGS AND OPINIONS 2
1.4
RECOGNIZED ENVIRONMENTAL CONDITIONS 3
1.5
RECOMMENDATIONS 4
2_0
SITE DESCRIPTION 4
2.1
SITE LOCATION & LEGAL DESCRIPTION 4
2.2
SITE & VICINITY CHARACTERISTICS 4
2.3
SITE IMPROVEMENTS 4
2.4
INFORMA "I "ION FROM CURRENT SITE OWNER /OPERATOR G
2.5
INFORMATION FROM NEIGHBOR(S) 6
2.6
PRESENT OWNERSHIP & USE b
2.7
ADJOINING PROPERTIES 6
2.8
ZONING 7
2.9
ENVIRONMENTAL. PERMITS AND /OR VIOLATIONS 7
3 .00
SITE HISTORY 7
3.1
INFORMATION FROM CURRENT SITE OWNER /OPERATOR 17
12
INFORMATION FROM PAST SITE OWNER(5) /0PERATOR(S) 7
13
INFORMATION FROM NEIGHBOR(S) 7
3.4
PREVIOUS ENVIRONMENTAL. REPORTS 7
3.5
MUNICIPAL RECORDS 8
3.6
CHAIN OF OWNERSHIP) RECORDS
3.7
HISTORICAL SOURCES g
3.8 SUMMARY OF HISTORICAL INFORMATION
44.0 PHYSICAL". SITE DESCRIPTION l0
41 TOPOGRAPHY 10
4 -2 GEOLOGY 10
4.3 HYDROLOGY 10
5„_;_0 RECORDS REVIEW 11
5.1 FEDERAL RECORDS 12
5.2 STATE RECORDS 13
...- ___._.._ —_ __...._. 106 Stfi -Oidn HU<lf�, ,%':JgA/C'h G1, 1114
Table of Contents
15- 105-Y4
5.3
DATABASE SEARCH UNMAPPABLE PROPERTIES
14
5.4
LOCAL RECORDS
I'S
5.5
REGULATORY AGENCY FILE REVIEW
15
G.0
S1TE RECONNAISSANCE
116
6.1
UNDERGROUND STORAGE TANKS (USTS)
16
6,2
ABOVEGROUND STORAGE TANKS (AMTS)
16
63
HAZARDOUS SUBSTANCES AND PETROLEUM PRODUCTS
16
6.4
HAZARDOUS WASTEIREGUI, ATED WASTE
16
6,5
POLYCHLORINATED BIPHENYLS (PCBS)
t7
6.6
SOLID WASTE DISPOSAL
17
6.7
DISTRESSED SURFACES OR VEGETA,nON
17
6.8
UNDERGROUND STRUCTURES
17
6,9
EXPLOSIVE GAS
18
6.10
AIRBORNE & WATERBORNE CONTAMINATION
18
6.11
NON -ASTM SCOPE CONDITIONS
1$
7.0
LIMITATIONS & CONDITIONS
19
Ti
GENERAL LIMITATIONS & CONDITIONS
19
7.2
LIMITING CONDITIONS OF ESA
19
7.3
METHODOLOGY
20
7A
ENVIRONMENTAL PROFESSIONAL STATEMENT
20
7.5
LIMITING CONDITIONS AND DEVIATIONS FROM PRACTICE.
� 1
8.0
REFERENCES
2'
A,PPE,NDICFS
APPENDIX 1: 1-16UR S
A1,11 NIAX 2: 1' JOTO(.;RAII1IS
AI)I) NF)IX 3: DATABASE S1 ARCH REPORT
AI)I'ENl)IX4: C1iY Difa"CTOR), Kr.r�or.T
Al'1'£,.NLU1X 5: `+ANBURN MAP RI :?0R11"
--
100 'tl!fTill(' Y u r1, 'Y(miarkct, W
J,5- 103,5;
1.4 Introduction
This report describes the Phase I Environmental Site Assessment (FSA) PES : SSOCiC CS., Itrc.
(PE;S) performed on the Site located at 106 Surfside Road in Nantucket, Massachuscas (the Site).
PES conducted this ESA at the request of D.1 MacKinnon for A lantic .Development (the; Client),
who authorized this project on August 3, 2015.
The 108,533 scauilre foot Site, located in a residential area of Nantucket, consists of a two story
residence, garage, in- ground pool, driveways, and yard. The Site building has occupied the Site
since 1981. historical records indicate that prior to 1981, they Site was undeveloped. Properties in
the immediate vicinity of the Site have residential use.
1,1 Purpose
The purpose of this ESA was to investigate the surficial conditions at the Site to identify
any recognized environmental conditions: the presence or likely presence of any
hazardous substances or petroleum products in, on, or Lit a property: (1) due to any release
to the environment, (2) under conditions indicative of release to tile envll'Ull1'nent; or (:3)
under conditions that pose a material threat of a future:: release to the environment.
1.2 Scope of Services
In accordance with the guidelines set forth in the American Society for Testing and
Materials (AS1'M) E 1527 -13 Stctndco-(I I'rcictices for Enviionmel•rttll S11e Asse.ssnrents:
Phose 1 E1714rotamental :Site Assessment Pi-oc es.s, as well as 0C1`1Z312 and E2600 -10
[and the specific guidelines established by the Client j, I'I:S performed the following
activities as part of our investigation, under the supervision of Stephan J. White, an
l.nvironmc.•ntal Professional as defined in ASTM F, 1527 -13 Section 3.2.32 and
40CFR312.10(b).
• Conducted a visual inspection of surface conditions at exterior and interior
Portions of the Site on August 13, 2015,
• Interviewed Manna Cullen, Site tenant, on August 13. 2015 to ideritif,�, Site
history and characteristics;
• Reviewed readily- available local records on file at the Nantucket ►municipal and
Nantucket county offices to ascertain Site history and identify recogn7We41
e),wironnlc'mal cun(litlons Lit and in the immediate vicinity of the Site,
104 S,w[side Rune, Nairrurkel, Af.•1 ..,,. __....., _._...
15.1rr ?8.1
• Interviewed local agency officials regarding recognize(( envirunlrienfal co"O ions
at and in the immediate vicinity of the Site;
• Reviewed a report of federal kind state environmental records conducted by a
database search contractor to identify federal- or state - listed sites within the
search radii specified in ASIN E 1527 -13; and
• Beyond the: scope of ASTNI 1 527 -13, PE.S' visually inspected the exterior of the
Site building for the presence of friable and /or damaged suspect asbestos -
containing building materials (ACM); lead based paint (1.,13P) and mold, and
reviewed radon zoning.
1.3 Findings and Opinions
"['he following; sumxttarizes the releases or threats of'release of 01 -1M PE identified at the
Site:
• The Site building was constructed in 1931. Prior to 1981, the Site was
undeveloped. Site use has historically been residential.
• A steel fuel oil above- ground storage tank (AST) is present in the basement of the
Site building. This tank is on a concrete surface: in food condition. ASTs pose a
threat of release of OHM if the tanks or their associated piping rupture or leak.
However. .!'ES observed the ASTs to be its good condition with no visual evidence
of leaks. We did not observe any secondary containment around the AST.
• An on -Site septic system is located at the Site. Septic, systems can become
conduits for subsurface contaminate migration if OHM is improperly disposed of
in them. However, Ph'S did not observe any improper OH NI disposal practices at
the Site.
• The database search identified five SI MS listings within 1 mile of the Site and
one Release and one LAST listing within !, -mile of the Site. Based on their
regulatory status, inferred hydraulically cross- or down - gradient locations, and /or
distances fi•oin the Site, the properties identified by the database search are not
likely to have current or former releases of hazardous substances and /or
petrolcum products with the potential to migrate to the Site.
Beyond the scope ofthe ASTM 1-;1527 -1 3 practice, and at the regt.te5t of the Client, PES
has identified the following non -ASTM considerations:
• PF...S did not observe damaged or friable suspect ACM during our Site
reconnaissance. Due to the agcy of the Site building, it is unlikely that ACNI is
located at the Site.
106 Smfside Rour4 MUM -AU, .1L1 -- - .---- ......... :......,
IS -10384
• PES did not observe flaking, chipping, and /or peeling suspect L.BP at the Site,
Due to the age of Site, it is unlikely that LBP would be present on painted
surfaces at the Site.
•
PES' observed mold on one of the water tanks and the floor around it in the
basement of tits Site building. The mold appears to be due to condensation
collecting on the outside of the tank.
o
1°he EPA lists the Site ill Radon lone 2. Radon Lone 2 sites are listed as medium
potential for human exposure �,vith a predicted average indoor radon screening
level between 2 and 4 pCi /L.
1.4 Recognized Environmental Conditions
PES -Issociates, hic. has performed a Phase 1 F- nvironwental Site Assessment in
conformance with the scope and limitations of AST NI Practice E 1527 -13 for the property
at 106 Surf-side )load, Nantucket, Massachusetts (the. Site). Any exceptions to or deletions
from this practice are described in Section 7.5 of this report.
This assessment has did not revisal any evidence of r•e }c,og -W."ed environmental cuWlfliOMY
in connection with the Site.
PES noted the following items of environmental concern. While these do not constitute
rc: co, c> rriML'[l�G'11VI7'pTli)1L'l1(C1I conelitions under .AS 'M 1527-13, we would like to bring their
to your attention:
• An on -Site septic systertt is located at the Site. Septic systems can become
conduits for subsurface contaminate migration if'OHM is improperly disposed
of in them,
• PES did not observe flaking, chipping, anchor peeling suspect 111P at the Site.
True to the age of Site, it is unlikely that LJO Avould be present on painted
surfaces at the Site:.
• PES observed mold on one of the water tanks and surrounding floor in the
basement of the Site building. The mold appears to be due to concicnsation
collecting on the outside of the tank.
o The Site is located in Radon Zone 2: Zone 2 counties are listed as moderate
potential for human exposurc.
Inb ,Swfvide Road, Nomllv4a, ,114
---3--
1,5- 1038.1
1.5 Recommendations
PES does not recommend any further environmental investigation at the Site at this tinge.
2.0 Site Description
2.1 Site Location & Legal Description
The 'Site address is 106 SurAide Road, Nantucket, Massachusetts. "I'lie Site is on the
northeast side of Surfside Road, to the southeast of the intersection of Surfside Road and
Fairgrounds Road (see Appendix 1, Figure 1). The Nantucket AssessoCs Office records
identify the Site with Map 67 Parcel 50 (see Appendix I, figure 2), which consists of
108,533 square feet of land. The Nantucket Registry of Deeds has a legal description of
the Site recorded its Book 1410, beginning on Page 205 and book 1488 and page 213.
PES did not discover evidence of' environmental liens or deed restrictions for the Site
during our review of available municipal or county records. Additionally. the (Aient did
not notify PES of ari), environmental liens or deed resirictions for the Site.
2.2 Site & Vicinity Characteristics
The Site is in a residential area of Nantucket. "I'here are no businesses near the Site.
PES dial not observe any properties (suck} as gasoline stations. industrial properties; dry
cleaners, or manufactur'irlg facilities) in the immediate vicinity that are likely to pose a
material threat to the Site,
2.3 Site Improvements
2.3.1 Structures
The Site is improved by a two story wood- frarned dwelling avith a basement and
attached garage. The Site building has occupied the Site since 1981. The Site
building covers approximately 3% of the Site. interior portions of the Site consist
of four bedrooms, one and a half baths, kitchen, deck, two car garage, and
unfinished basement. The remainder of' the Site consists of paved areas, cleared
land, wooded land, and an in- ground pool with patio.
106 S rrrjside Road. Nnnfucker ,t t i _...__......,_ -, ...._ ... -.- --.
... 4 ....
5.1038,
2.3.2 Parking Areas & Roads
Asphalt and concrete -paved areas cover approximately 901% of the Site and consist
of an aged asphalt driveway from Surfside Road beginning at the southeast corner
of the Site and leading rip to a larger section of asphalt for parking, a concrete
parking area in front of the two car garage, and a freshly paved asphalt driveway
further north from Surfside Road curving into the aging driveway. Vehicular Site
access is fi'orn the northeast side of Surfside Road.
2.3.3 Heating & Air Conditioning
The Site building has a radiant hot water heating system, the fuel source for which
is fuel oil.
PES" observed one window mounted air conditioning unit located in one of the
bedrooms.
2.3.4 Sewer
'1"he Site is served by an on -Site septic system. This system consists of a 1,000
gallon septic tank, a distribution bo. and a 60 toot leach trench with a vent. The
system was installed in 2003 as part of an upgrade to the system installed in 1981,
replacing components of the older septic: system and repairing others, and Nvas
inspected in 2013. The system is located in the center of the Site, with the leach
trench being
?tl 20 -30 feet west of the garage and the septic. tank being 20 -2 feet
southwest of the southwest corner of the garage.
Stormwater runoff generated at the Site runs off rooves and paved surfaces and
infiltrates the ground surface in unpaved areas.
2.3.5 Water
'file Site is served by a private on-Site well. This system is located approximately
20 feet fton7 the east side of the house and has a depth of 21 lest from the ground
surface.
2.3.6 Electricity
National Grid provides electrical service to the Site via underground lines. PES
observed one pole-mounted transformer at. the Site.
- -- 5 .
15 -10 84
2.4 Information from Current Site Owner /Operator
PES interviewed Nis. Alann . Cullen. Site tenant, regarding current uses of the Site and
adjacent properties. Ms. Cullen did not have any knowledge of environmental liens on
till: Site, not- was she aware; of any 1'('t.`0 1'7iZCW 011%. 1'01111X'1101 cowl1tions It or in the
intntediate vicinity of the Site. Site stated that the Site Currently has residential use. Please
note that Ms. Cullen provided Site and vicinity use information to the best of his/her
knowledge.
2.5 Information from Neighbors)
ITS did not attempt to interview neighbors of the Site regarding the current uses of the
Site and adjacent properties since the Site is not abandoned.
2.6 Present Ownership & Use
Nantucket Assessor's Office records identity the Current Site owner as Whitney A.
Gifford, trustee of Nantucket 106 ,SauJsic% ReciltY D-ifst, who purchased the Site on
October 24, 2013 and purchased additional land on June. 24. 2015. The Nantucket
Registry of" Deeds has a record of this transaction in Book 1410, Beginning on Page 205
and 1,489 and on Page 205. Current terlartt-, of the Site include Ms. Cullen, three other
adults, and a child, l'1.:5 did not observe or identify any current tenant activities that are
likely to adversely impact environmental conditions at the Site.
2.7 Adjoining Properties
North Undeveloped land abuts the Site to the north; beyond it is further undeveloped
land.
East Residential land (l 08 Surfside: Road) abuts the Site to the east, with further
residential land (1 10 Surfside Road) beyond it.
,5outfl Residential land (105 and 107 Surfside Road) abuts the Site to the south, with
further residential land (9 and 22 Gladlands Avenue) beyond it.
I "est Residential land (101 Surfside Road) abuts the Site to the west, with further
residential land (100 Surfside Road) beyond it.
106 .Cru vdo Road, NaninCAel. HA
6—
1-5-10384
2.8 Zoning
The Nantucket zonin- neap depicts the Site as zoned for Limited Use (residential) use.
This snap depicts properties in the vicinity of the Site as zoned for Limited Use
(residential) use.
2,9 Environmental Permits and /or Violations
PEAS' did not discover any envirornnerrtal permits or violations for the Site at any of the
local offices contacted during the preparation of this ESA.
3.0 Site History
3.1 Information from Current Site Owner /Operator
PES' interviewed Ms. Alanna Cullen regarding past uses of the Site and adjacent
properties. According to Ms. Cullen the Site and immediate vicinity has historically had
residential use. Please hate that XIS. Cullen provided historical information to the best of
her knowledge,
3.2 Information from Past Site Owners)10perator(s)
The Nantucket Assessor's office and the Nantucket Registry of Deeds records identified
the previous owner of the Site as Frances Brownell (see Section 3.6). PES did not attempt
to contact Frances Brownell regarding the history, past vises, and an), known recogni eti
('11171 "01177ii -rllcrl G017flitions at the Site and adjacent properties as her contact inf'ormat.ion
was not readily available. This data gap is discussed in Section 7.5.
3.3 Information from Neighbor(s)
PE,'` did not attempt to interview neighbors of the Site regarding past cues ofthe Site and
adjacent properties since the Site is not abandoned.
3.4 Previous Environmental Reports
P&s was neither provided with nor encountered any previous environmental reports
prepared for the Site during the preparation of this F "SIB._
— 106 Sruysidc Read, AVrawrcker. W,I
I5 -10384
3.5 Municipal Records
The Nantucket Planning Department records indicate that the Site building was
constructed in 1981, and that the owners at that time were Butler and Judith Brownell.
The Nantucket Assessor's Office records indicate that the Site building was constructed
in 1981 and that the previous owner was Frances Brownell, and prior to that the Site was
owned by Butler and Frances Brownell.
No historical records were available at the Nantucket Town Clerk, Public Library, or
Board of Health.
3.6 Chain of Ownership Records
Table 1 summarizes the Nantucket Assessor's office and the Nantucket Registry of Deeds
records of Site ownership since 1980. PES conducted a cursory review of title records
and does not represent this abstract as a complete chain of title to the Site.
Table 1: Past
Owner
Book/Page
Date of Purchase
Whitney Gifford, trustee of Nantucket 106
Surfside Realty Trust
1410/205
1488/213
October 24, 2013
June 24, 2015
Frances Brownell
749155
March 27, 2002
Butler and Frances Brownell
501/77
April 19, 1996
Butler Brownell
331/338
September 15, 1989
Judith Brownell
180/211
January 22, 1981
Brant Point Real Estate
177/258
September 26, 1980
Surfside Really Trust
175/283
May 27, 1980
3.7 Historical Sources
3.7.1 Sanborn Fire Insurance Maps
PES ordered a "Certified SanbornCD Map Report" from Environmental Data
Resources Inc. (EDR) (see Appendix 5). This report certifies that the complete
holdings of the Sanborn Library, LLC collection were searched based on client
supplied target property information, and the fire insurance maps covering the
106 Surfside Road, Nantucket, W
—8—
15 -10354
target property (the Site) were not found. The absence of it specific area on such
maps may signify that the area was not significantly developed at the time at
which the naps were published.
3.7.2 Aerial Photographs
PES reviewed 1938, 1969. 1971, 1094, 1995, 2005, 2010, and 2012 aerial
photographs depicting the Site and vicinity at the Histo)*Aerials website. The
following summarizes our review of.'these photographs.
1938, 1969, 1971 -This photograph depicts the Site and vicinity as undeveloped.
1994, 1995 - This photograph depicts the Site and vicinity as similar to present
day, except the lot at 107 Surtside appears undeveloped.
7005, 2010, . 2012 - This photograph depicts the Site and vicinity as similar to
present day.
3.7.3 Historical Atlases/Topographic Quadrangles
Historical atlases depicting the Site and vicinity were not readily available for
review at local offices.
PES reviewed the United States Geological Survey (USGS.) l'atmic.'ker,
Massachusetts topographic quadrangle, dated 1945 and 1951. These neaps depict
the Site and vicinity as Lill dr:veloped. The 1951 snap depicts the Site and vicinity
as woodland-
3.7.4 City Directories
PES reviewed 1984, 1989, 1992, 1995, 1999, 2003. 2008, and 2013 City
Directories of Nantucket in "Tile EDR -City Directory Image Report. PES targeted
those properties in the immediate vicinity of Site between 100 and 110 SurfSide
Road and between 77 and 89 Fairgrounds Road: residential listings are riot
included_ The Site and vicinity have historically been listed in the Nantucket City
Directories as residential. Several businesses have been listed along with a
resident at addresses in this vicinity, namely L.al,Iei ►r (. "wne Service Inc. at 104
Surfside Road in 2008 and 2013, Nantucket Kenwk Renwls at 105 Surfside Road
in 2008, W- aterri,orlrs 17•1•igation at I07 Surtside Load in 2008, and Islurui Veu,s
M6 Smfividr Road, rVw? 'L4el, 31A
9 ._
15-10384
and De ivei v .S i -vice at 104 Surfside Road in 1992 and 1995. PES did not identify
any business listings in any of the years reviewed that are likely to have current or
fbrmer releases of hazardous substances and /or petroleum products with the
potential to migrate to the Site. See .Appendix 4 for full City Directory listings.
3.8 Summary of Historical lnfm7ation
Historical records indicate that the Site building was constructed in 1981. Prior to this,
the Site was tnideveloped. Since 1981, the Site has had residential use. The vicinity of
the Site has historically had residential use, with occasional btlSitiCSSCS listed at addresses
on Surfsidc Road along, with residents, such as a kayak rental business and a news and
delivery service.
Physical Site Description
4.9 Topography
The Site is at an approximate elevation of between 20 and 30 feet above the National
Geodetic Vertical Daturn of 1929, according to the USES Nantucket, Massachusetts
topographic iluadrangle (.see Appendix 1. Figure 3). The Site and the immediately
surrounding area are generally level.
4.2 Geology
Ph,',I' did not observe any bedrock outcrops at the Site. According to the lvlass(;1S Online
Mapping Tool, Unconsolidated Sediment Underlies the Site.
According; to the Soil Conservation Service., Soil 5twi e'), of Nantucket C='ounty,
Massaulmsetts, sail classified as Evcsboro sand, 0 to 3 percent slopes underlies the Site.
4.3 Hydrology
4.3.9 Surface Water
The Site is in the Cape Cod Drainage Basin, with an unnamed stream located
approximately ','n -mile southeast of the Site. PES did not observe surface water
bodies at the Site, Surface runoff would be to the Southeast. towards the u►inamed
stream and the Atlantic Ocean beyond if unimpeded by systems such as
stormwater catch basins.
106 Staysrde Road, R'awarket, At I _...- ...........
—10--
15-10384
4.3,2 Wetlands
ITS did not observe any obvious wetland -type vegetation at the Site. According
to the: MassGIS Online Mapping Tool, there are; no'wetland areas depicted at or in
the immediate vicinity of the Site. .additionally, the USGS ATcinmckel,
16MSSCrc171I.setts topographic quadrangle does not depict any wetland areas at or in
the immediate vicinity of the Site:.
4.3.3 Hydrogeology
Pk, *, did not identify any current means of sampling groundwater at the Site.
Basal upon topography and proximity of surface -water bodies (i.e., tributaries.
rivers, wetlands), PFS infers groundwater glow to generally be to the southeast,
PA'S based subsequent references to hydraulic location relative to the Site,
specifically in the following database sections, oil our inferred direction of
groundwater floe-.
5.0 Records Review
PRI; contracted database searches of federal and state environmental records. Sections 5.l and
5.2 of this report discuss federal- and state - listed sites identified within the radii specified by
AS'TM E 152 7-13 and applicable Client scopes. Refer to Appendix 3 for a complete copy of the
database search report. Table ? summarizes the results of the database search, PPS database
review includes screening of identified facilities for soil, groundwater or vapor contamination
that could potentially impact the Site.
106 Snrfside Road, Aramuckel, AM
-- 11 - --
15 -10384
I Table 2: Database Search Results
Database
Search
Radius
Site
Adjacent
0-Ye
miles
%-Y4
miles
V4- Y
miles
II -�
mile
NPL
1 mile
No
0
0
0
0
0
NFL Delisted
% -mile
No
0
0
0
0
CERCLIS
%s -mile
No
0
0
0
0
CERCLIS — NFRAP
%: -mile
No
0
0
0 1
0
RCRA CORRACTS
1 mile
No
0
0
0
0
0
RCRA TSD
%: -mile
No
0
0
0
0
w
RCRA Generator
Site & adjacent
No
0
IC / EC Registries
Site
No
ERNS
Site
No
SHWS
I mile
No
0
0
0
0
5
a
Releases
%: -mile
No
0
0
0
1
-o
Solid Waste Landfills
%z -mile
No
0
0
0
0
Leaking USTs/ASTs
'/z -mile
No
0
0
0
1
Registered USTs/ ASTs
Site & adjacent
No
0
IC/ EC Registries
Site
No
VCP listings
'/2 -mile
No
0
0
0
0
Brownfields listings
% -mile
No
1 0
0
0
0
Shading indicates areas beyond ASTM search radii.
5.9 Federal Records
5. 1.1 NPL Sites
The search did not identify any National Priority List (NPL) sites within one mile
of the Site, or any Delisted NPL sites within 'h -mile of the Site.
5.9.2 CERCLIS Listings
The search did not identify any CERCLIS listings within '/Z -mile of the Site. A
CERCLIS listing is a property under investigation by the state or United States
Environmental Protection Agency (EPA) as a potential Superfund site.
The search did not identify any CERCLIS No Further Remedial Action Planned
(NFRAP) listings within '/z -mile of the Site.
5.1.3 RCRA Facilities
The search did not identify any RCRA hazardous waste generators at or adjacent
to the Site.
106 Surfside Road. Nantucket, MA
—12—
15.10381
The search did not identify any RCRA Corrective Action Activity (CORIZACTS)
facilities within fine mile of the Site.
The search did not identify any RCRA Treatment, Storage and Disposal (TSD)
facilities within % -mile of the Site.
5,14 Industrial Control/Engineering Control (IC /EC) Registries
The database search did not did not identify the Site as the location of a federally
registered IC or [ C.
5.1.5 ERNS Sites
The search did not identify the Site as an Emergency Response Notification
System (f'RNS) site.
5.2 State Records
5.2.9 State Hazardous Waste Sites
The search identified rive state hazardous waste sites (SHWS) within one mile of-
the; Site. Of these, all five have achieved regulatory closure and are at least'/',-
mile front the Site. Based on this, none ofthese facilities are likely to have current
or former releases of hazardous substances and /car petroleum products with the
potential to migrate to the Site,
5.2.2 Registered Underground Storage Tanks (USTs)
The search did not identify any registered UST facility at or adjacent to the Site.
USTs may pose a threat to the Site if tanks rupture or leak. ]'lease refer to Section
ra. t for further on -Site UST observations.
523 Leaking UST (LUST) and Leaking AST (LAST) Sites
The search did not identify ally leaking UST (LUST) facilities and identified one
leaking AST (MAST) f�-rcility within %- smile of the Site. This facility is located
approximately 0.4214-mile front the Site and has achieved regulatory closure,
rrtaking it unlikely to have current or former releases of hazardous substances
and /or petroleurn products with the potential to migrate to the Site.
106, Slofside Road, Nantucket, A17
—/j —
1,5 -! 0384
5.2.4 Solid Waste Facilities/Landflils
The search did riot idenflA, any any solid waste lacilitiesilandfills (SWF /LF)
within i. /�-inife of the Site.
5.2.5 ReleaseslSpills
"the search identified one Release listing within '/5 -mile of the Site. This facility,
also listed as a I.,AST, is located approximately 0.424 -mile from the Site and has
achieved regulatory closure, making it unlikely to hive; current or tbrmer releases
of hazardous substances and /or, petroleum products with the potential to migrate
to the Site.
5.2.6 State VCP Listings
The database search did not identify any State Voluntary Cleanup Program
listings within 1/2 -mile of the Site.
5.2.7 State Brownfield Listings
The database search did not identity any State I3rov,,nfields listings within %a °mile
of the Site.
5.3 Database Search Unmappable Properties
The search identified unmappable properties in the general vicinity of the Site. Due to
inaccurate or missing information provided by the appropriate govemmentai agency, the
database search contractor was unable to definitively plot these sites. PITS reviewed the
list of ummappable properties in an attempt to definitively locate these properties. If PES'
was able to locate such a property within a respective AS4AI search radius, and is likely
to have current or, former releases of hazardous substances and /or petroleum products
with the potential to migrate to the Site, we included it above in the appropriate database
sections of this 1'.,SA. PES determined that it is unlikely that the Site is identified on the
list of tmmappable properties. Refer to Appendix 3 1'or information oil the unmappablc
properties.
M6 Sru/srdr Road, i1'milm.Aa, :VA
1J . .
15-10384
5, 4 Local Records
PES' reviewed local records in an atterript to identify any registered LISTS and ASTs. the
licensed storage of hFvardous materials, and any hazardous waste sites, sources, and /or
facilities at or in the immediate vicinity of the Site.
5.4.9 Fire Department
The Nantucket Dire Department records indicate that Butler Bro-vvnell was issued
a permit on November 12, 1.981 to install a fuel oil burner and 275 gallon steel
tank in the cellar of the Site.
5. 4.2 Board of Health
Personnel at the Nantucket Board of health did not have any information
regarding l_?STs, ASTs, flammable storage permits, or releases of OHM at the Site
or any adjacent properties.
5.4.3 Planning Department
Personnel at the Nantucket Planning Department did not have any information
regarding USTs, ASTs. flammable storage permits, or releases of'OHM at the Site
or any adjacent properties.
5.4.4 Clerk's Office
Personnel at the Nantucket Town Clerk's Office did not have any information
regarding USTs, ASTs, flammable storage permits, or releases of OMNI at the Site
or arty adjacent properties.
5.5 Regulatory Agency file review
An external review of regulatory agency records was not needed because n.cither the Site
nor abutting properties were identified in the government records database search.
106 $urfsidu Rnpd, Arwituckei, M4
_.1g...
15- 10384
6.0 Site Reconnaissance
The ohjective of the Site reconnaissance was to identify r•ecogni:ecl envil•ownental conditions at
or in the immediate vicinity of the Site by means of a visual, surficial inspection. Ms. U.tnily
Spick of PPP conducted this visual reconnaissance of exterior and interior portions of the Site on
August 13, 2015 iii the presence of Ms. Alanna Cullen, PE reconnaissance consisted of a
systematic traverse or the Site to provide a view of Site improvements, tacilities, and grounds.
PII'S also attempted to visually inspect exterior portions of adjacent properties observable firom
within the boundaries of the Site and from public ways_
6.1 Underground Storage Tanks (USTs)
PI-,W did not observe arty visual evidence of tJSTs (such as till or vent pipes or
dispensers) at the Site during our inspection. Additionally, Ms. Cullen was not aware of
the presence of EISTs at the Site.
6.2 Aboveground Storage Tanks (ASTs)
PETS observed one fuel oil AST in the basement at the Site during our inspection. This
AST was in good condition with no signs of leaks, and the concrete surface below was in
good condition, with no signs o1'cracks or deterioration. We noted one ininor stain on the
canere:te Surface below the tank. Ms. Cullen reported the presence or the basement fuel
oil AST to 1'I S, and stated that there were no other ASTs present at the Site.
6.3 Hazardous Substances and Petroleum Products
Pls'S did not observe the presence of hazardous substances at the Site during our
inspection beyond retail sized cleaning and ilia intenance supplies stared in a neat and
orderly manner in the Site building.
6.4 Hazardous WastelRegulated Waste
PI:,ti did not observe any evidence to indicate that Site tenants gcnerate hazardous waste
at the Site. PES did not observe any waste pits, landfills, lagoons, or other impoundments
at the Site. PES did not observe any hazardous waste containers or unidentified waste
containers at the Site.
106 sru fOrie Road, A'airry ker, VA -, _............
1()
15.10384
6.5 Polychlorinated Biphenyls (PCBs)
PE'.S observed one pole mounted transformer at the south corner of the Site. Transformers
of this size generally contain dielccir•ic fluid, which depending on the age of the
transformer may contain PCBs. We did not observe any stains indicative of leaks on or
near the transformer, Its location on a public utilities pole indicates that the Site
transformer is the property of National Such wwnership typically designates their
responsibility for transformer maintenance and the cleanup of'any releases.
The 1: PA partially banned the use of PCBs. in November 1979, and banned all use of
PCBs in newly- installed electromagnets, transformers, heat - transfer, and hydraulic
systems in July 1984. Based oil the age of the Site building and its associated equipment
and components, it is unlikely that the Site transformers and hydraulic equipment (if ally)
contain VCBS,
PPS only conducted a visual inspection for potential I'CB- containing equipment since
any further inspection is beyond the scope of this ESA,
6.6 Solid Waste Disposal
PE',S did not observe any solid waste solid waste barrels at the Site. Ms, Cullen stated that
she and tyre other Site tenants bring their solid waste to the town dump. PES' did not
observe any evidence of illegal dumping at the Site at the time, of our inspection.
6.7 Distressed Surfaces or Vegetation
PEW did not observe areas of horned, stained or discolored soils, nor did kve detect any
odors it, soils that «night suggest the presence of 01-1M. JIL'S observed vegetation at the
Site, which appeared seasonally healthy and unstressed.
6.8 Underground Structures
The Site is connected to a private septic system (see Section 2.3.4). Ms. Cullen stated that
the Site has a private septic system, and was unaware of' any additional underground
structures at the Site.
106 Swjsid Road. Nanlrrckct, MA
! 5 -1 0384
6.9 Explosive Gas
IIES disci not observe arty Site operations (such as landfilling) or geologic. conditions (such
as oil or natUral gas deposits) that would constitute; a source of explosive ;as.
6.10 Airborne & Waterborne Contamination
PES did not observe any physical evidence of airborne or waterborne contamination front
on -Site activities or adjacent properties.
6,11 Non -ASTM Scope Conditions
6.11.1 Asbestos- Containing Materials (ACM)
The 1 973 National Emission Standards for• Hazardous Air Pollutants partially
banned the use of spray- applied ACM in new buildings. '1 he government
expanded these regulations in 1975 and 1978 to ban the use of all types of ACNI
in new buildings. Because the Site building was constructed after 1978, it is
unlikely that ACM is present. However, only laboratory analysis of suspect ACM
samples can confirm the presence or absence of asbestos
6 -11.2 Lead Based Paint
Because the buildings were constructed after 1978, it is unlikely that LBP is
present. However, only laboratory analysis of suspect LBP samples can confirm
the presence or absence of lead based paint.
6.11.3 Mold Evaluation
As part of this assessment, I'EY performed a limited visual inspection for the
conspicuous presence of n-iold at the Site. PES' noted the presence of mold on one
of the water tanks in the basement and on the ground below it, this is likely due to
condensation collecting on the outside of the tank,
6,11, 4 Radon
The United States Fnvironmental Protection Agency (IJS[,,,PA) ftadorl Zone Map
was developed using five factors to determine radon potential: indoor radon
measurements-, geology; aerial radioactivity, soil permeability; and, foundation
type.
106.7tit sde Road. Nantucket, MA
15.1038.1
According to the Radon Zone niala published by the USEPA, the Site is located in
Radon Zone 2, Radon Zone 2 counties have a predicted average indoor radon
screening; level of between 2 and 4 p0 /1- (yellow zones). Radon `hone 2 sites are
listed as moderate potential for human exposure.
7.0 Limitations & Conditions
7.1 General Limitations & Conditions
The observations in this ESA are valid on the date of the Site reconnaissance and inade
under the limitations and conditions noted herein. This ESA is also subject to the
limitations and Conditions contained within the Agreenie 1P fc>r Services (Agreemeni)
authorized by the Client on August 3, 201. 5.
PES prepared this Report for the sole and exclusive use of the Client as specified in the
Agmemenr, and is not 'intended to be nor shall it be relied upon by any other individual or
party without the express written authorization of IIE'S. To the extent that another
individual or party acts in reliance, such individual or party shall indemnify and hold PE,S'
harmless for any damages, losses. or expenses arising therefrom. Such reliance shall be at
the individual or party's sole risk, without liability on the part ofPF. .
7.2 Limiting Conditions of ESA
based the recommendations and conclusions discussed herein solely and in reliance
Upon information collected as a result of the activities delineated in the Scope of Services
(see Section 1.2). PES neither attests nor renders an opinion as to the accuracy or
comprehensiveness of the statements of the individuals interviewed. readily - available
governmental records, enviroiintental reports conducted by other consultants. analytical
results, or the database search results provided by the database contractor.
There is a limit to all environmental investigation in the sense that the researcher must
draw conclusions and develop recommendations with inIbi- motion obtained from limited
research and Site evaluation, Future subsurtace investigations may determine conditions
to be different from those implied by surticial observation. PES does not render any
warranty, either express or implied, as to the presence of OHM beyond that observed
during the Site r'ecorinaissance. The passage of time may also result in a change in the
environmental characteristics at the Site and surrounding properties. PEW does not render
11)6 Srrrfvjdc fe()ac, VwaucAef, ,1fA
15 -10354
an opinion as to environmental Site conditions, which may change subsequent to the elate
of the Site reconnaissance. Moreover, the conclusions and recommendations contained
herein remain valid for 180 days from the date of this ESA.
As part of our Site reconnaissance, I'.FS did not attempt to inspect inaccessible areas of
the Site including building rooftops, beneath parked motor vehicles or trailers, beneath
leaf or vegetative cover, Linder manholes, in areas obscured by extremely dense
vegetation, or inside electrical transformers. PES does not render an opinion as to
rec:uglzi. c ?d ei- ivironJ77efltal conclifions at uninspected or visually obstructed portions of the
Site.
PES did not conduct laboratory analyses for the presence of asbestos, lead -based paint
(LBP), drinking water quality, radon, urea fbam formaldehyde insulation, vapor
intrusion, or electromagnetic radiation. Our preliminary inspection for friable and /or
damaged suspect AGM and flaking, chipping, and or peeling suspect l B13 consisted of a
visual inspection of readily accessible areas of the Site. We did not intend such an
inspection to substitute for a comprehensive survey for the purposes of-
renovation /demolition of the Site building or to evaluate potential health risks. Although
the accepted method of accurately determining Subsurface conditions at the Site NVOLrld be
to conduct a subslal,fac.c Jnvesffgaflon (Including the collection and analysis of soil and
groundwater samples), such investigation was beyond the scope ofthis 1:i.SA. Lastly, PES
did not intend this ESA to substitute: for a regulatory compliance audit of the Site.
7.3 Methodology
PE,5 perforated professional services, obtained findings, rendered conclusions. and
prepared recommendations in accordance 4vith generally accepted practices of other
environmental cor7sultants undertaking similar investigations at the saute time in the same
geographical area. PE5 exercised the degree of care and skit I generally exercised by other
environmental conSUltaults under similar circumstances and conditions. We followed
guidelines set forth in ASTM 1: 1527 -13 Sfcrrldard Practices for ! J7vJron menfal S'itc
.4.S.YeSS171C'171S: Phase .1 .1 ",i ?1'IJ'Oill'37t'TlfCll SIiL' . ^!S'.SC'S'.)'IJI('i'ft .1�1'O('('S'.C.
7.4 Environmental Professional Statement
1, Stephan J. White, declare that, to the best of my professional knowledge and belief, I
MW the definition of EnviroJtmental Pi-gfessional as defined in §3 12.10 of 40 CFK 321.
JO6.Suufside Road, Afarrhrcker..Al.!
— 20 --.
15.103.84
I have the specific. qualifications hase�d on education, training, and experience to assess a
jrrzoper£v of the nature, history, and setting of the Subject prayer °ty. I have developed and
performed the all appropriate inquiries in conformance Nvith the standards and practices
set firth in 40 C FR Part 312.
7.5 Limiting Conditions and Deviations from Practice
hi accordance with the ASTM Standard, the following data gaps and /or deviations from
the E1 527 -13 Practice were made daring this assessment:
Interviews with past occupants, owners, and operators of the Site were not conducted, as
these individuals were not available: to PES or were unwilling to be formally interviewed.
'['his deviation has not significantly impacted the ability of the EP to identify recognized
envir,unnuntul conclitiotrs for the Situ.
PES did not identify the Site history to 1940, however, the first developed use of the Site
in 1981 was identified. This deviation has iiot significantly impacted the ability of the EP
to identify i-eeuge izecl envit'wimentcrl conditions for the Site,
146 Sw -*ide Road, Narrtrecka, ;119
—d1 --
1540334
8.0 References
Town of Nantucket:
Assessor's Office: records reviewed August 13, 2015.
Board of Health: records reviewed August 13, 2015,
Clerk's Office: records reviewed August 13, 2015,
Fire Department: records reviewed August 1.3, 2015.
Planning Department: records reviewed August 13, 2015.
Public Library: resources reviewed August 13, 2015.
Wannacornet Water Company: records reviewed August 13. 2015,
Nantucket County:
Registry of Deeds: records reviewed August 13, 2015.
Interviews:
Alanna Cullen, Site tenant: August 13, 2015.
Database Search:
Environmentol Dale Resoi.w(. .-es inc.: "The EDR Radius MapTM Report." compiled July 27.
2015.
Resources:
Nantucket .Board of l lealth: "Septic System As Built Plan," dated October 21, 2003.
Nantucket Board of Health: "Plot Platt with Sewerage System" dated March 31. 1981.
Nantucket Planning Department: Zoning Map, dated May 5, 2015.
Envir-onrrrent(rl Dcrta Resources Inc.: "Certified Sanborn4& Map Report," compiled July 27,
2015.
L4nvironl'nenicll Data .Re,sour°c:cs Inc.: "The EDR -City Directory .Image Report," compiled
July 27, 2015. .
Histor-ic:.4et•ictl s website: Aerird Photngral)h.s, dated 1938. 1969, 1971, 1 994, 1995, 2005.
2010, and 2012.
MassGfS Online Mapping Fool, Physical Resources, Bedrock Lithology. O_;roup B Detailed
layer, reviewed September 2, 2015.
1U6.yu0(dC, Road, A'arrn «ki•i, At( __,_...___.._..,,...
. 22 ..
15-10384
Nlass(JIS Online Mapping; Tool, Physical Resources, Hydrography Water Features, DF.'P
Wetlands ilk, DEP Wetlands Detailed Jayer, reviewed September 2, 2015.
NlassGIS Online; Mapping; Foal. Physical Resources, Soils. Soil Polygons with Mapunit
Names layer, reviewed September., 2015,
l.,'nited States Geological Survey_ Ncnrlucket, Miasschuselts 7.5 minute series topographic
quadrangle, dated 1977.
United States Department of Agriculture, Soil Conservation Service: Soil ,�w -vey of
Nwituckel Counfj,, HossacJtusettc, issued September 19, 2014.
University of New Hampshire Dimond Library, DOCUments Department and Data Center,
Historic USGS Map of New Fngland and New York: Ntnnlucket, Hussochusetts 7.5 minute
series topographic quadrangle, dated 1945 and 1951.
106 Suufslde Road, A'anfuckcr, bf9
—23--
►-+
YOUR
NATURAL
RESOURCE
FOR
ENVIRONMENTAL
SOLUTIONS
PES Associates
Environmental Engineering Services
B 123 201-3
ioml Ueri"
T-owii & County Building
16 Broad St
Nantucket, MA 02554
PMFOM
04
D"cn mrs d Ma C K in 1pt surf's-de P a!
11014-04mm
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440 GMR. X6
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tvivphofic 50S, I'X-7 Z'A facs mille
7
� I
I I
honing R.; _,.,d of Appeals
TOWN OF NANTUCKET LL C 1.8 2015
BOARD OF APPEALS ECEIVED I
NANTUCKET, MA 02554
1
APPLICATION
Fee: $4- $3,800 File No. 04 -16
' ($1,000 + $50 /unit x 56 units = $3,800)
Owner's name(s): Donald J. MacKinnon, Trustee, Nantucket 106 Surfside Realty Trust
Mailing address: 6 Young's Way, Nantucket, MA 02554
� I
� I
Phone Number: 508- 228 -3128 E- Mail:wag@readelaw. com
Applicant's name(s): Surf side Commons LLC
Mailing Address:_c /o Atlantic Development, 62 Derby Street, Hingham, MA 02043
Phone Number: 781- 741 -5005 E- MO:DJM @AtlanticDevelopment.com
Locus Address: 106 Surf side Road Assessor's Map /Parcel: 0 - 80
Land Court Plan /Plan Book & Page /Plan File No.: Plan No. 2014-52(1)
Deed Reference /Certificate of Title: (2) Zoning District LUG 2 & LUG 3
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings 1 Duplex Apartments
Date of Structure(s): all pre -date 7/72
Building Permit Numbers:
or 1981
Previous Zoning Board Application Numbers:
(1) Parcels 67 - 80, 7, 8, 9, 10 & 11
(2) Book 1410 pg. 205 and Book 1488 pg. 213
2 Fairgrounds Road Nantucket Massachusetts 02554
1 508 -228 -7215 telephone 508 - 228 -7298 facsimile
i 1 9
I�
I
' State below or attach a separate addendum of specific special permits or variance relief applying for:
see attached Surfside Commons Application for Comprehensive Permit
I I
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, unde the/-Pamssrrtd penalties of perjury.
/ J
SIGNATURE: � � . :, Owner *
tral '%J 9 Trustee, Nantucket 106 Surfside Realty Trust
SIGNATURE: / Applicant /Attorney /Agent*
ioaliY J.,�Kinnon, President, Atlantic Development, Manager of Surfside
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency Commons LLC
OFFICE USE ONLY
Application received on: _ /_ /_ By: Complete: Need Copies:
Filed with Town Clerk:_ /_ /_ Planning Board:_ /_ /_ Building Dept.:–/–/– By:_
Fee deposited with Town Treasurer:_/_/_ By:_ Waiver requested:
Granted:—/—/— Hearing notice posted with Town Clerk:_ /_ /_ Mailed:—/—/—
I &M_/_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on :_ /_ /_
Continued to: --- /_ /_ Withdrawn:—/—/— Decision Due By:—/—/—
Made:—/—/— Filed w /Town Clerk:_/_ /_ Mailed:_ /_/_ - -- —
23365
ATLANTO6 [DEVELOPMENT MI(Mth mflg Sank®
62 DERBY STREET 54.153 -114
HINGHAM, MA 02043
12/17/2015
PAY TO THE a '-3,800-00
ORDER OF Town of Nantucket
Three Thousand. Eight Hundred and 001100" *'` """'
. ?. %
MEMO
11°02336511° E.OD b 11,0 LS331: 3300091,&3811"
AUTHORIZED SIGNATURE
o`
0
DOLLARS r
1
10
Town & County Building
16 Broad St
Nantucket, MA 02554
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Pftforrf
P, T J 0
File No. V �S G Map Parcel_
I
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:
N1�clG TA r —N c�� l6,6 iz,Fj t vi� -w7,
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of
the Massachusetts General Laws, Applicants) /Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time limit
O For a public hearing on the application
O For a written decision �/ s _
• For other action fX TCW,6 %,�j — IOd p ,41 j?Fel o,)
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
• Cotn)PAItFFasivG AU*Y �Po1�G` 7�ON
The new time limit shall be midnight oil M 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.
i �.
For Apjlicant (s)
For Zoning Board of Appeals
Town Clerk Stamp:
Effective Date of Agreement
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
i
File No. Vi' -
C
f_
C-) C
3
m i0 �
TOWN OF NANTUCKET
BOARD OF APPEALS N
s}.
NANTUCKET, MA 02554
Map LI] Parcels
This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public }nearing, or
to take other action concerning the application of:
T
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
O For a written decision _ I� _ ;� _
® For other action f;�!T�iV L) %- 4i /
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 which is not earlier than
a time limit set by statute or bylaw- ]\ r 'v , 3 D
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 lights 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 Apmlicant (s)
For Zoning Board of Appeals G }
_ t
rI� - -- - - - Town lark Stamp:
Effective Date of Agreement
Y U Ly
- , I +
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508-228-7298' facsimile
WITHDRAWAL FORM
Print Form
NANTUCKPT
TOWN CLERK
7016 SEP -8 PM 2= 04
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
File No. 04 -16
Map 67 Parcel 80
APPLICANT(S): Donald J. Mackinnon, Trustee of Nantucket 106
Surfside Realty Trust
COMPREHENSIVE PERMIT APPLICATION - SURFSIDE COMMONS - 40D
UPON THE REQUEST OF THE APPLICANT(S) MADE:
THE WITHDRAWAL:
DATED: September 8, 2016
APPROVE WITHOUT PREJUDICE
�' �. APPROVE, BUT WITH PREJUDICE
IN ;{,', IN FULL OF THE SAID
APPLICATION
MIN
" OF SO MUCH OF SAID
APPLICATION AS:
The
r
w
oard of Appeals
oole,Chairman
W. Antonietti,
Zoninq Administrator
2 Fairgrounds Road Nantucket Massachusetts 02554
508 -228 -7215 telephone 508 - 228 -7298 facsimile
,oauAston &storrs
Steven Schwartz
Director
sschwartz@goulstonstorrs.com
(617) 5744147 (tel)
(617) 574 -7636 (fax)
September 1, 2016
BY E -MAIL and FIRST CLASS MAIL
Nantucket Zoning Board of Appeals
37 Washington Street
Nantucket, MA 02554
Re: Surfside Commons — Application for Comprehensive Permit
Dear Members of the Board,
On behalf of the Applicant Surfside Commons LLC, we hereby withdraw the application
with prejudice. Thank you for your attention to this matter, and for your hard work and careful
consideration of the application.
Sincerely,
Stevhchw z
Attorney for the Applicant
cc: Mr. D.J. Mackinnon
Ilana Quirk, Esq.
Arthur Reade, Esq.
8807573.1
Goulston & Storrs Pc • Boston • DC • New York • Beijing
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