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Home My WebLink About030-94Form 4 -89 _ <l NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 May 19 , 1994 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No.030 -94 of: NANTUCKET HOUSING AUTHORITY seeking a xo= Comprehensive Permit0_,EL-94 Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An administrative appeal from this decision may be taken by the Applicant to the Housing Appeals Committee pursuant to Chapter 40B, Massachusetts General Laws. A court action appealing this decision may be filed by a party in interest pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any court action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this date. Notice of the action with a copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be received within such twenty (20) days. rman cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 67 8 Miacomet Road Parcel 82 Plan Book 21 -B LUG -II 233, 26 At a Public Hearing of the Nantucket Zoning Board of Appeals, held on Friday, April 8, 1994, at 1:00 P.M. in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of the NANTUCKET HOUSING AUTHORITY of 8 Miacomet Road, Nantucket, MA 02554, Board of Appeals File No. 030 -94, the Board made the following Decision: 1. Applicant seeks a Comprehensive Permit pursuant to M.G.L. Chapter 40B to construct eight (8) multi- family dwelling units for a total of twenty -one (21) units and a laundry /maintenance facility and to create a separate lot (Lot 3) as shown on Exhibit A on file. Relief from the Zoning By -Law and Rules and Regulations of the Planning Board and Subdivision Control Law was requested as set forth on Rider A to the Application, a copy of which is attached hereto as Exhibit B. The premises are located at8MIA Parcel 82, as shown. in Plan Book 21 -B. Use General -II. A Comprehensive Permit and modified in 1988, BOA File No. 050 Permit was filed in 1993, BOO File No. resolution. COMET ROAD, Assessor's Map 67, The property is zoned Limited was previously issues in 1986 -86, and another Comprehensive 110 -93, and is pending final 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. One abutter was present and spoke in opposition, expressing concerns about density, having 10,000 SF lots in an area that requires 2 acres (80,000 SF); appearance and lack of adequate screening; maintaining zoning integrity; control issues of the development and tenant selection issues. There were two letters raising concerns about increased traffic on Miacomet Road. The Planning Board staff made a favorable recommendation, but encouraged the construction of a bike path along Miacomet Road. A letter from the Historic District Commission raised concerns about the parking being at right angles; the lack of a definitive landscape planting schedule and asked that the Housing Authority provide screening and an area of open -space as a buffer zone. In a letter from the Department of Public Works, it expressed no objection to the proposed project but suggested that, due to State sewer regulations, the project may face problems with issuance of sewer connection permits in excess of the existing balance. '030 -94) -2- Lawrence Krajeski, from the South Shore Housing Development, was present as a consultant for the Nantucket Housing Authority. He submitted written documents regarding tenant selection procedures and a management plan. 3. The standards of review in this instance and those which the Board must address are whether the grant of the permit is reasonable and consistent with local needs and whether any conditions imposed on the permit are uneconomic. In cases where a locality has not met its minimum housing obligations, the Board must rest its Decision on 4ether the required need for low and moderate income housing outweighs any valid planning objections to the proposal. If the regional need for housing outweighs such objections, the Board must override any restrictive local requirements and regulations. 4. The proposal as submitted, requests approval for eight (8) buildings with a total of twenty -one (21) dwelling units, (4 -Cne bedroom, 13 -two bedroom and 4 -three bedroom units) and a laundry /maintenance facility to be located in one of the eight buildings. There will be two (2) paved parking spaces per unit, a paved interior roadway with an eighteen to twenty foot width, and a paved sidewalk /bike path as shown on the plan on file. The units will be served by municipal water and sewer. Fire hydrants and alarm systems will be installed per the requirements of the Nantucket Fire Department. A landscaping allowance will be part of the grant application, and was represented to be $12,000.00. Each building will have an enclosed attached storage area. Also, as part of this phase, adequate money would be available for a full time on site manager. Maintenance personnel would be available on call per annual budget allowances. 5. After due consideration, the relief requested as set forth in Exhibit B, is granted by a unanimous vote, upon the following conditions: a. No more than eight (8) buildings with a total if twenty -one (21) dwelling units and laundry/maintenance facility to be located on Lot 3 in substantial conformity with the plan on file and marked as Exhibit C on file at the Zoning Board of Appeals; b. The interior roadway, parking spaces and sidewalk /bike path will be paved and be in substantial conformity with the aforementioned plan on file; C. There will be an attached enclosed storage area for each building; sewer; d. The buildings will be served by municipal water and e. The areas shown as #17 will not contain any dwellings, but may have no more than two maintenance /storage garages; (030 -94) -3- f. There will be a twenty (201) foot buffer zone on the area shown as #15 along the southeasterly boundary of Lot 3 as shown on Exhibit A on file. No structure shall be built in said buffer zone. However, future roads /access across said buffer zone are not hereby prohibited; and g. Two (2) trailers may be used for temporary office and shelter (housing for not more than four workers) incidental to construction on the site shall be permitted for a period not to exceed eighteen (18) months from the date grant application loan is closed. 6. The Board finds that the GRANT of the COMPREHENSIVE PERMIT is reasonable and consistent with local needs. Any objections to the proposed plan are outweighed by the need for housing. Several conditions and requirements have been imposed by the Board as set forth herein and the Board finds that these are valid planning objectives necessary to the health and safety of the future residents of the site and the community as a whole. It is therefore the Decision by unanimous vote the COMPREHENSIVE requirements as herein provided. Dated: May N,1994 RECEIv ED TOWN CLERK'S OFFICE NANTUCKET. MA 0?7 a MAY 191994 TIME: CLERK: `1 of the Board of Appeals to GRANT PERMIT with the conditions and Dale W. Waine Linda F. Williams Ann Balas Micha A gelastro U ael O'Mara RIDER A Application to the Board of Appeals for a Comprehensive Permit pursuant to M.G.L. Chapter 40B 1. Applicant requests relief from Section 139 -7A, Permitted Uses Section (or Section 139 -7E) in Limited Use General II District, to allow the construction of eight (8) multi - family dwelling units for a total of twenty -one (21) units on a non- conforming lot to be created pursuant to this permit. 2. Applicant requests relief from Section 139 -11, Major Commercial Development, if applicable. 3. Applicant requests relief from Section 139 -7, Cluster Development, if applicable. 4. Applicant requests relief from Section 139 -16, Intensity Regulations to create Lot 3 as shown on a plan dated March 14, 1994 by Charles W. Hart & Associates, Inc. as to frontage and ground cover ratio. 5. Applicant requests relief from Section 139 -18C. (1) and 139 -19, if applicable. All dwelling units will meet or exceed the required number of parking spaces per unit. 6. Applicant requests relief from Section 139 -20, Off - Street loading facilities, if applicable, to the maintenance /storage facility and laundry room. 7. Applicant requests relief from Section 139 -7 E (2) and (3) to allow the use of two (2) trailers as temporary office and shelter (housing for four (4) workers) incidental to construction on the site. 8. Applicant requests relief from Section 139 -24, Rate of Development, to allow the immediate issuance of the necessary building permits for construction when appropriate. - �• �-• •1 • ' �l • :• • i• •• • • • Applicant requests relief from the Rules and Regulations of the Nantucket Planning Board and the Subdivision Control Law, as applicable, including but not limited to, 4.19 -Bike Paths. RIDERAWPS Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 ..NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at, 1-:00 P.M., Friday, April 8, 1994, in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of: NANTUCKET HOUSING AUTHORITY Board of Appeals File No. 030 -94 Applicant seeks a Comprehensive Permit pursuant to M.G.L. Chapter 40B to construct eight (8) multi - family dwelling units for a total of twenty -one (21) units on a non - conforming lot to be .created pursuant to this permit. Relief is sought under the following Nantucket Zoning By -Law sections: A. 1. . §139 -7A, and /or, §13 9--7E, Permitted Uses in Limited Use General 2, to allow the construction of eight (8) multi - family dwelling units for a total of twenty -one (21) units on a non- conforming lot to be created pursuant to this permit. 2. §139 -11, Major Commercial Development, if applicable. 3. §139 -7, Cluster Development, if applicable. 4. §139 -16, Intensity Regulations, to create Lot 3 as shown on a plan dated March 14, 1994 by Charles W. Hart & Associates, Inc. as to frontage, ground cover ratio and regularity formula. Lot 3 contains 159,387± square feet and fronts onto Miacomet Road. 5. §139 -24, Rate of Development, to allow the immediate issuance of the necessary building permits for construction when appropriate. 6. §139- 18C(1) and §139 -19, if applicable. All dwelling units will meet or exceed the required number of parking spaces per unit. 7. §139 -20, Off - street loading facilities, if applicable, to the maintenance /storage facility and laundry room. 8. §139 -7E(2) and (3) to allow the use of two (2) trailers as temporary office and shelter (housing for four (4) workers) incidental to construction on the site. B. Rules and Regulations of the Planning Board and Subdivision Control Law: Applicant requests relief from the Rules and Regulations of the Nantucket Planning Board and the Subdivision Control Law as applicable, including but not limited to, 4.19, Bike Paths. O O The premises are located at 8 MIACOMET ROAD, Assessor's Map 67, parcel 82, as shown in Plan Book 21 -B. The property is zoned LIMITED USE GENERAL -II. Q W� _Q Dale W. Waine, Chairman RECEIVED THIS NOTICE IS AVAILABLE IN LARGE PRIN R(O"'ER I r'F F�i'F ALTERNATIVE FORMATS. FOR ASSISTAA G� KCTi4tL02554 (508) 228 -7215. MAR 25 1994 TTIME. 3OS ��-'- k� 1 , CLERK:��/ 7,0e: ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02564 FAX [508) 228 -7526 M.'LN� March 16, 1994 Mr. Dale Waine, Chairman Board of Appeals 10 Beach Street Nantucket, MA 02554 Re: Application for a Comprehensive Permit Applicant: Nantucket Housing Authority Property Address: 8 Miacomet Road Map 67, Parcel 82 Dear Dale: Enclosed please find the following: 1. Application with Rider A (6 copies); TELEPHONE [508) 228 -7525 2. Certified Abutter's List (original plus five (5) copies); 3. Proposed Site Plan (6 copies); 4. Proposed Subdivision Plan (6 copies); and 5. Two (2) sets of mailing labels. The Nantucket Housing Authority is requesting a waiver of the filing fee. Pursuant to M.G.L. Chapter 40B, Section 21, the Board of Appeals is required to hold a public hearing within thirty (30) days from the date of the filing of the application. Mr. Dale Waine March 16, 1994 Page 2 Please call me if you have any questions or need any additional information. Very truly yours, J i`6 126Pit� --a��;f AF /bw cc: Rebecca J. Lohmann, Town Clerk Mr. Norman Chaleki, Chairman WAINE2 WPS BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Map tP6- 1994 TOWN AND COUNTY BUILDING NANTUCKET,,MA 02551 :i CASE No. -- _ APPLICATION FOR RELIEF owner's name(s): Nantucket Mailing address: Manta Drive, Nantucket MA 02554 Applicant's name: same Mailing address: Location of lot: Assessor's map and parcel number 67 -82 r Streetaddress: 8 Miacomet Road Registry Land Ct Plan, Plan 9k & Pgl or Plan File Lot i. Date to acquired: 0�3�85 Deed Re•f233, 26 :,zoning district r r,r_ Uses :on� lot - commercial: None _ orls -osn eh^ �� - <•t MCD ?_ *050 -86 - number of: dwellings— duplexT apartments `rental rooms_ Building date(s,): all pre -8/727 — for C of:. 0? i Building Permit appl'n. Nos. Caselrl ft No9. all BoA applications, lawsuits:110 -93, 050 =86 and modification State frilly all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present finding Section and What grounds you: urge for BoA to make each per 139 -32A if Variance, 139 -30A if a Special Permit (and .139 -33A if to alter or extend a noncon o�ming use). If appeal'per 139 -3JA a 1-B j attach decision or order appealed. O,K to a tach addendum . III.. � IT— Com reii nsive Permi M.G.L. Chaptel 408, f �o m D Z Z Items enclosed as part of this Application: orderl j addendum2 I M0 ' M :0 M E Locus map_ Site plan X showing present X +planne3 X structures Floor plans present proposed — 'elevations — (HDC approved? ) o (A ro Listings lot area frontage setbacks_`GCR parking data 1 CC D O G Assessor- certifie3 addressee List 4 sets _y ma'ling'labels 2'sets M 0 fee payable to Town of Nantucket * proof 'cap' covenant �- rC -n f an appeal, ask Town Clerk to senciBldg,Comr s record to'BoA.) ! Cr �` ( n *Requesting waiver of filing fee: 6 J I certify that the requested information submitted is substantially �- m complete and true to the best of my, knowledge, underithe pains.and penalties of perjury. SIGNATURE: /� - - .,, [�� Applicant, Attorney /agent X 3(If not o ner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE 7 � Application copies recd: 4 or for BoA .on_J by t One copy filed with Town Clerk on_ /_/_ by complete ?_ . r One copy each to Planning Bd and Building Dept_J /_ by i $200 fee check given Town Treasurer on /__/_ by waived? — Hearing, notice posted_/_/_ mailed —/_ I & M —/_/`, Hearing,(s) one_/_ cont'd to__J__/_, �_/_ withdrawn?—/--/_ Decision due bye_/_ made_/_/_ filed TC_ mailed__/�_ See�rellated cases lawsuits Bdother Application to the Board of Appeals for a Comprehensive Permit Pursuant to M.G.L. Chapter 40B To the Members of the Board of Appeals: The undersigned hereby applies for a Comprehensive Permit for relief from the Zoning By -Law, Rules and Regulations for the Planning Board and Subdivision Control Law, if applicable, for the property described below: Owner's name: Owner's Address: Location of Property: Assessor's Sheet 67, Parcel 82 Acquisition of Property: District Zone: Nantucket Housing Authority Manta Drive, Nantucket, MA 8 Miacomet Road Deed from the Town of Nantucket dated July 31, 1985 recorded at Book 233, Page 26. Limited Use General 11 Proposed Use and Structures: The construction of eight (8) buildings pursuant to a Farmers Home Administration Grant or similar grant, containing four (4) one (1) bedroom units, thirteen (13) two (2) bedroom units, four (4) three (3) bedroom units, and a laundry/maintenance facility. The interior roadway will be paved. Two (2) parking spaces per dwelling unit will be provided. The existing uses and structures are shown on said plan as set forth in a Comprehensive Permit dated April 7, 1986 and Modification of Comprehensive Permit dated May 13, 1988. File No. 110 -93 is pending an appeal to the Housing Appeals Committee. Relief requested: Specific relief requested is outlined on Rider A attached hereto. Reason for asking relief: Statutory authority pursuant to M.G.L. Chapter 40B. Respectfully submitted, e A. Fitz' er d, quire �Bartlett Road, P.O. Box 2567 Nainntucket, MA 02584 508 - 228 -7525 APPLICAT. WPS RIDER A Application to the Board of Appeals for a Comprehensive Permit pursuant to M.G.L. Chapter 40B 1. Applicant requests relief from Section 139 -7A, Permitted Uses Section (or Section 139 -7E) in Limited Use General II District, to allow the construction of eight (8) multi - family dwelling units for a total of twenty -one (21) units on a non- conforming lot to be created pursuant to this permit. 2. Applicant requests relief from Section 139 -11, Major Commercial Development, if applicable. 3. Applicant requests relief from Section 139 -7, Cluster Development, if applicable. 4. Applicant requests relief from Section 139 -16, Intensity Regulations to create Lot 3 as shown on a plan dated March 14, 1994 by Charles W. Hart & Associates, Inc. as to frontage and ground cover ratio. 5. Applicant requests relief from Section 139 -18C. (1) and 139 -19, if applicable. All dwelling units will meet or exceed the required number of parking spaces per unit. 6. Applicant requests relief from Section 139 -20, Off - Street loading facilities, if applicable, to the maintenance /storage facility and laundry room. 7. Applicant requests relief from Section 139 -7 E (2) and (3) to allow the use of two (2) trailers as temporary office and shelter (housing for four (4) workers) incidental to construction on the site. 8. Applicant requests relief from Section 139 -24, Rate of Development, to allow the immediate issuance of the necessary building permits for construction when appropriate. M. . - - • Fiffemme 51042 • L•. • • •• • •1 Tom Applicant requests relief from the Rules and Regulations of the Nantucket Planning Board and the Subdivision Control Law, as applicable, including but not limited to, 4.19 -Bike Paths. RIDERAWPS 7'e `W T ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX 15081 228 -7526 Jki IMI_\,I�7 March 17, 1994 Mr. Dale Waine, Chairman Board of Appeals 10 South Beach Street Nantucket, MA 02554 RE: Application for a Comprehensive Permit Applicant: Nantucket Housing Authority Property Address: 8 Miacomet Road Map 67, Parcel 82 Dear Dale: �J TELEPHONE (508122B-7525 Enclosed please find a revised Rider A to the Application and six (6) copies to replace the Rider A which was filed yesterday. Paragraph 4 has been revised. If you have any questions please feel free to contact me. Very truly yours, ie A. a Fifzg d nclosures dms cc: Rebecca J. Lohmann, Town Clerk Mr. Norman W. Chaleki, Chairman RECEI� �T:-D TOWN CLERK'S OFFICE NANTUCKET, MA ()��;54 MAR 17 1994 CLERK:__?' R RIDER A Application to the Board of Appeals for a Comprehensive Permit pursuant to M.G.L. Chapter 40B •I 1• 1. Applicant requests relief from Section 139 -7A, Permitted Uses Section (or Section 139 -7E) in Limited Use General II District, to allow the construction of eight (8) multi - family dwelling units for a total of twenty -one (21) units on a non- conforming lot to be created pursuant to this permit. 2. Applicant requests relief from Section 139 -11, Major Commercial Development, if applicable. 3. Applicant requests relief from Section 139 -7, Cluster Development, if applicable. 4. Applicant requests relief from Section 139 -16, Intensity Regulations to create Lot 3 as shown on a plan dated March 14, 1994 by Charles W. Hart & Associates, Inc. as to frontage, ground cover ratio and regularity formula. 5. Applicant requests relief from Section 139 -18C. (1) and 139 -19, if applicable. All dwelling units will meet or exceed the required number of parking spaces per unit. 6. Applicant requests relief from Section 139 -20, Off - Street loading facilities, if applicable, to the maintenance /storage facility and laundry room. 7. Applicant requests relief from Section 139 -7 E (2) and (3) to allow the use of two (2) trailers as temporary office and shelter (housing for four (4) workers) incidental to construction on the site. 8. Applicant requests relief from Section 139 -24, Rate of Development, to allow the immediate issuance of the necessary building permits for construction when appropriate. Applicant requests relief from the Rules and Regulations of the Nantucket Planning Board and the Subdivision Control Law, as applicable, including but not limited to, 4.19 -Bike Paths. F%ECEIVE:D TOWN CLERK'S OFFICE NANTUCKET MA 02554 RIDERAMPS MAR 17 1994 7 , "�,.z r �` CLERK -.- - --