HomeMy WebLinkAbout001-89BOARD OF APPEALS OF NANTUCKET
TOWN OF NANTUCKET
NANTUCKET, MA 02554
File No. 00( �? Q
Map Parcel
IN RE: THE APPLICATION OF La
Upon the request of the Applicant(s) made
prior to
(check one)
after
publication of notice of a public hearing on the above captioned
application, we
acknowledge as a matter of right and without
prejudice
(check one)
the withdrawl
(check one)
r
Datedy
3
approve without prejudice
approve, but with prejudice
in full of the said application.
of so much of the said application as
ps.
LAW OFFICES
HOLMES, HAYS & FITZGERALD
35 CENTER STREET
NANTUCKET, MASS. 02554 a
WAYNE F HOLMES
WILLIAM H. HAYS III
JULIE A. FITZGERALD
IN HAND
February 3, 1989
Mr. William Sherman, Chairman
Board of Appeals
Town & County Building
Nantucket, MA 02554
RE: Nantucket Housing Authority
No. 001 -89
Dear Mr. Sherman:
On behalf of the Nantucket Housing Authority I
request that the above Application be withdrawn. The
issues have been resolved and certificates of occupancy
issued for most of the buildings in the project.
Very truly yours,
Julie A. Fitzgerald
JAF /mc
cc: Ms. Joanne Holdgate, Town Clerk t-"
Mr. Augustos C. Ramos, Chairman Nantucket
Housing Authority
Mr. Paul Blanchard
Mr. Ronald Santos, Building Inspector
AREA CODE 508
226 -0052
T
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 1/12/89
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE No .()01_
APPLICATION FOR RELIEF
owner's name(s): Nantucket Housing Authorit
Mailing address: _c /o Julie A. Fitzgerald, 35 Center St., Nnatucket,MA. 02534
Applicant's name:
Mailing address:
Game
same
Location of lot: Assessor's map and parcel number 67 - 82
Street address: 8 Miacomet Road
Registry Land Ct Plan, Plan Bk & Pg or Plan File None Lot
Date lot acquired: Ljj�l 85 Deed Ref233,26 zoning district LUG 2
Uses on lot - commercial: None , or Community Building MCD?
units
- number of: dwellings duplex24/ apartments rental rooms
permit
Building date(s): all pre -8/72? or 1987 building/ C of O? NO
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits: 025 -86
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139 -32A if Variance, 1.39 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3 A
-6–B — , attach decision or order appealed. O:ft to attach addendum .
Relief from the decision of the Building Inspector dated Dec. 14, 1988
denying a Certificate of Occupancy. In the alternative, clarification
or modification of the Comprehensive Permit dated April 7, 1986, as to
Section II, Subsections 2.7 (sidewalks /bikepath) and 2.3 (screening
requirements along Surfside Raod).
Items enclosed as part of this Application: orderl addendum2
Locus map Site plan__X showing present X +planned structures
Floor plans present proposed elevat of as (HDC approved ?_)
Listings lot area frontage setbacks GCR parking data
Assessor - certifies— addressee 1 t 4 sets X maling labels 2 sets X
200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perjury.
SIGNATURE• Applicant Attorney /agent X
3(If not owner or owner's attorney, enclose proof of authority)
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
January 26, 1989
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, February 10, 1989, at 1:00 p.m. in the Town
and County Building, Nantucket, on the Application of:
NANTUCKET HOUSING AUTHORITY
Board of Appeals File No. 001 -89
appealing from the Building Commissioner's 12/14/88 denial
of a Certificate of Occupancy for one or more buildings
of the Housing Authority's Miacomet Park affordable
housing project constructed pursuant to this Board's
4/7/86 grant of Comprehensive Permit 050 -86 or, in the
alternative, a modification or clarification of such
Permit with respect to the sidewalk /bike path and
vegetative screening conditions upon such permit. See also
our letter of clarification dated 1/23/89.
The premises are at 8 Miacomet Road, Assessor's Parcel
67 -082, zoned Limited Use General -2.
William R. Sherman, Chairman
December 14, 1988
i
BUILDING DEPARTMENT
TOWN BUILDING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Nantucket Housing Authority
c \o Julie Fitzgerald
35 Center Street
Nantucket, MA 02554
Dear Ms. Fitzgerald,
Telephone 228 -6800 ext. 230
I have reviewed the request for a Certificate of Occupancy for
Nantucket Housing Authority and find the project, at it's present
status, not in compliance with the Comprehensive Permit, (Zoning Board
of Appeals case 25 -86). Specifically, an inspection of the site did not
show the required sidewalk \bikepath, condition 2.10(e), or the
screening, condition 2.10(c).
Therefore as provided for in Chapter 139 -28a of the Code of
Nantucket your request for a Certificate of Occupancy is hereby DENIED.
Please be advised of your right to appeal this decision of the
Building Commissioner to the Zoning Board of Appeals as provided for in
Chapter 139- 29D(1)(h).
Very Truly Yours
e4y ::� �
Ronald an
Building Commissioner
TOWN OF NANTUCKET
r - - -
k
- Nantucket
Date: April 7, 19 86
Certificate of Granting of 'LZ -e_ . Permit
(General Laws Chapter 40 , Section 1)
The Board of appeals of the City or Town of Nantucket
hereby certifies that a Permit has been granted
To Nantucket iousi<<g` Authority (025 --86)
Address c/o Julie Fitzgerald, 35 Centre Street
c -itvor Fown NantuckeL-
_ r_ _
of fecti rights oC the owner wvith respect to land or buildings _ Off Miaeo,et Road and
Surf side Road, Assessor's Sheet 67, Parcel 82 _1300t x-33 , Rc --z 2
And the said Board of Appeals further certifies that the decision attached hereto is a true and
correct copy of its decision granting said c-cn—x -,r permit, and that copies of ,aid
decision, and of all plans referred to in the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
Chapter 40^, Section ii (last paragraphs provides that no c -�.�� n�M= «e�;�peri�iic, or any ex-
tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
tiled in the office of the city or town clerk and no appeal has been Filed or that, if such appeal has
been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county
and district in which the land is located and indexed in the grantor index under the name of the
owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor-
ding or registering shall be paid by the owner or applicant
Chairman
l
clerk /
- - - - F6RM, 1094 Hoe BS WARREN i.NC Ht—EG
BOARD OF APPEALS
TOWN OF NANTUC11"ET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, APRIL
w, 1986 at 1:30 p.m. in the Town and C:;unty Building, Nantucket,vin the
matter of the Application of THE NANTUCKET HOUSING AUTHORITY (0,2-5-86), the
Board enters the following Decision and makes the following findings:
I. INTRODUCTION
l.li This matter is before the Board of Appeals of the Town of Nan-
tucket upon the filing of a comprehensive permit application on February
11, 1986 pursuant to Massachusetts General Laws; Chapter 40B, Sections
20 -23, by the Nantucket Housing Authority, a public body politic and cor-
porate duly organized under the provisions of Chapter 121B.
Pursuant to the filing of the Application, a public hearing
held on March 4, 1986 in accordance with Chapter 40B, Section 21, and due
notice was given pursuant to Chapter 40A, Section 11.
1.2. The Board in discharging its functions is required by Chapter 40B
Section 21 to take into consideration the recommendation of the various
local boards including the following: Fire Department, Board of Health,
Department of Public Works, Building Inspector, Board of Selectmen, Nan-
tucket Planning Board and the Historic District Commission. Pursuant to
the provisions of Section 21, this Board is responsible for issuing all
local permits and /or approvals on behalf of "Local Boards ".
1.3. The standards of review in this instance and those which this
Board must address are whether the grant of the permit is reasonable
and consistent with local needs and whether any condition imposed on the
permit are uneconomic. See Board of Appeals v. Housing Appeals Committee
in Department of Community Affairs (1973) 363 Mass. 339, 294 NEZd 393.
;v
(Qx5 8-i)
-2-
In cases where a iccalit,, 1 , �`_ met its obli-
;ation, as specified under i.ow and %Io:!(7_ to Income s Board
of Appeals must rest its decision to grant or deny a permit to construct
such housing on whether the required need for 1cw anal moderate income
housing outweighs the valid planning objections to the details of the pro-
posal such as health, site, design, and the need to preserve open spaces.
If the regional need for such housing outweighs such objections, the Board
must override any restrictive local requirements and regulations.
A municipality's failure to meet its minimum housing obligations
provides compelling evidence that the need for housing does, in fact,out-
weigh any objections to the proposal to construct low a,d moderate income
housing. See Greenfield Zoning Board v. Housing Appeals Committee, 446 NEZd
748 (1983).
The Board of Appeals is further required to issue its jecisi:)n
with a full statement of reasons. See Bailey v. Board of Appeals of Holden,
345 NEZd 367 (1976).
1.4. The Applicant submitted the necessary plans, drawings, reports
and documentation of the proposed development on February 11 and 24, 1986
as required by the Rules and Regulations of the Housing Appeals Committee
760 CMR : 31:02. The Applicant filed supplemental plans oil . the building
elevations on March 4, 1986 and provided copies to Historic District
Commission for its special meeting at 12:00 p.m. on March 4, 1986.
II. FINDINGS OF FACT AND CONDITIONS
2.1. The Applicant proposes to construct ten (10) duplex dwellings
and one (1) four -unit dwelling to provide a total of twenty -four units
(12 for elderly and 12 for low income family). In addition, the Applicant
proposes to construct a neighborhood /community building with a total of
29313.38 square feet including an area of 897.4 square feet for a day care
center (proposed capacity not to exceed 20 children). The neighborhood/
community building includes space for meetings and project maintenance.
-3-
The Applicant also requests the approval of eight (8) home sites
and building envelopes (as designated on the sit` plan) for long term
lease hold agreements to individuals who qualify for Farmers Home Loan
Projects or other similarly financed projects.
2.2. The Nantucket Housing Authority is the owner of record of the
property consisting of a 20.80± acre site off Miacomet Road and Surfside
Road and numbered 8 Miacomet Road (Assessor's Sheet 67, Parcel 82). The
proposed area to be developed is about 182,000 SF extending southeasterly
from thecatersection of Miacomet Road and Surfside Road. The area is zoned
Limited Use Gereral -2.
2.3. The proposal, as submitted, provided a 20' -25' foot rear yard
setback for elderly unit: z to bQ sited gear Surfside Road and the bicycle
path to the south of tr.e Road. Keeping in mind the positive aspect of vi-
sual stimulatior, to the elderly by being located near an active arc: (tine
bicycle path), the Board finds that there is a valid planning objecti ✓e in
imposing a backyard setback requirement of 35 feet along this northerly
b -)undary. The setback will provide a minimum buffer zone, and be in keep-
ing with the setback of structures located across the street. An existing
area of vegatation along this northerly boundary is to be maintained to
provide partial visual screening. An additional planning objective required
by the Board in order to. minimize th -=isunl impact of the structures a-l-ong
a major road is to re- locate the two= story,.foar =cinit building designated
4E and exchange it with the single- story, two -unit building designated 2E
now situate on Miacomet Road.
The above conditions are imposed after due consideration of the
recommendations of Historic District Commission.
2.4. The Applicant futher proposed to construct the building with
5/12 and 6/12 roof pitches. The policy of the Historic District Commission
requires a minimum 7/12 roof pitch on new construction. The Board finds
that the Applicant's proposes shallow roof pitches will have a significant
negative visual impact, and compliance with the Historic District Commis-
sion policy in this instance may be imposed without an undue financial
burden on the Applicant and without making such a condi'Lion uneconomic.
-(Q25 -86)
(^ S.1 ,'I
°i 1 ?�. r ( Yom.
-4-
2.5. The Applicant proposed to construct the buildings with vinyl
clapboard siding. The Board finds that the proposed use of vinyl clapboard
siding deviates substantially from a long- recognized Historic District
Commission policy requiring white cedar shingles.. . pp licant conceded *_'gat
both construction and maintenance with white cedar shingles is more prac-
tical in this Island environment. Accordingly, the imposition of the con-
dition would not be uneconomic to the Applicant, i.e., mandating the use
of cedar shingles. The Board further requires t:iat exterior -cim be con-
structed of white cedar or other low - maintenance wood. If the wood is
painted, -.the Applicant shall use Historic District Commission- approved
colors. See HDC Bulletin No.4 (painting)..
2.6. The Applicant proposed that all of the buildings will be served
uy Town sewer and . water. service.__sh�ti.L t ....obtai,n.ed_:f:iam..the ; ansaco let Water
Company. 700 feet of Miacomet Road from Surfside Road 0.11 be pave ^. this
and interior road paving will conform with Planning Board spe�aificnti.ons.
These shall be required as conditions of this permit.
2.7. As recommended by the Planning Board, we strongly urge the provi-
sion of at least one interior sidewalk /bikepath with a six -foot wide grass
strip separating it from the interior roadway. We condition this permit on
the provision of such a path delineated from the roadway but not necessari-
ly hard - surfaced or so spaced FI t. We are advised 'chat such provision,
for safety's sake, would not be uneconomic.
2.8. We strongly recommend a Fire Department - approved •., cx���_«^
alarm system, especially for the community center.
2.9. The Applicant requested an amendment to its Application at the
time of hearing to change the request in item 8 of Rider A of the Applica-
tion to permit the use of four (4) house trailers as temporary office and
shelter (housing 12 -16 workers) incidental to construction on the lot. The
Board grants the requested relief provided that the trailers are located
on site only for a one -year period of construction and be as far ---oved
from Surfside Road as practical. The site shall be served by temporary
on -site well water and septic system, to be in compliance with pertinent
state and local codes.
(q2 -86)
-5-
2.10. In summary, this permit is conditioneci on the clio.tiing, whi :.n
we find would not make the project uneconoinic but rather safer and less
likely to be stigmatized in the community:
a. Exterior siding and trim per paragraph 2.5
b. Roof pitch perparagraph 2.4
c. Setback and screening from Surfside Road per paragraph 2.3
V
d. Design of buildings per revised 3/4/86 drawings agreed
.., with-- HDC;
d ewal.k/,bike. pa.th. per. paragraph 2 -.7
f. Roads, sewer and water per paragraph 2.0
g. Trailers per paragraph 2.9
h. Adherence otherwise to the plans and representations
submitted in conjunction with this Application.
r., /�'. . �. �..�ts ".'..•r�. _ e ,J ..5:t; "„"`, r. ,:.1 +, ".; sya.,. pi -. :p,e..•: iry 6a.: 3f ^.. ",:e r s: :,•�!X%: v. ., ..
A. Suv��issici� o t' i6 uoard for review, _1.riy maceriai changes.
2.11. The Applicant's request for relief as set forth in Rider A to
its Application by items numbered 1,21 74259 and 10 is hereby granted.
The Board notes that there was opposition to the particular relief request-
ed. However, The Board received a favorable recommendation of the Planning
Board to the Application as a whole.
2.12. In all other respects the plans are approved as submitted and no
other conditions or requirements in excess of state code shall be imposed
upon the Applicant. The Board has given due consideration to the written
recommendations of the History. -. District Commission and Planning Board.
The Board did not receive any written recommendations from the fire Depart-
ment, Board of Health Department or Board of Selectmen.
r
2.13. The Applicant prcvidedl evidence at the hear4 -p that there is
no moderate or low income family housing available on Nantucket and there
are only twenty (20) low or moderate elderly units available. The number
of unI _s presently avail_ .,,,.a : oas comply %,,77 t:1 t1le- :randatory 1 137. hGl. iijb
unit minimum.
2.14. The Board finds that 'Lha ;rant of the comot,_hensive is
reasonable and consistent with local needs. The need for low and mcderata
income housing is evident. Any objections to the proposed plan are outweigh-
ed by the need for housing. Several conditions and requirements have been
imposed by.. the.- Board as set forth herein and the Board finds that_ -these are
. valid. p ana.ing objectives, necessary..to the health and safety of. the future
residents of the site and the community as a whole.
2.15. It is therefore the Decision of the Board of Appeals to GRhNT the
Application_ with the conditions and. requiremepts �' herein.,prpvided,;b a
f.. r ;?'' er,..,•:,'+'".•.a':.+ ::r:• .,5t ;a'?:�. -' r . �" -.'n..:,.. „• •� .., .rn °'.. ., ., .. . •:G::..� '`M
UNANIMOUS vote.
Dateci.;..,Apri1
etsR:�MA.w ,554 ;.�k ;;•.. _.,.. N. f R t.� t n .
. ,... _ Wil.l- iam...R..- ':Sherman.
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40 A. SE]T!C'N 11
WN CLER
Andrew J. Leddy, Jr.
Dorothy D. Vollans
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