HomeMy WebLinkAbout076-11 Sachems Path Technical Correction Second Amended & Restated Comprehensive Permit Drive to Road filed in MCD drawerTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
MEMORANDUM
TOWN CLERK
2017 FEB 10 PM 3: 23
Date: February 10, 2017
To: Town Clerk
From: Eleanor Weller Antonietti, Zoning Administrator
Re: Zoning Board of Appeal s — FILE NO. 076 -11— TECHNICAL CORRECTION
SECOND AMENDED AND RESTATED COMPREHENSIVE PERMIT
The above referenced ZBA amended comprehensive permit decision issued to SACHEMS PATH
NANTUCKET, LLC on January 17, 2017 and filed with the Town Clerk on February 9, 2017,
requires minor modification to correct an inadvertent error regarding the address of the Locus from
South Shore Drive to SOUTH SHORE ROAD. The errors have been stricken and replaced on Pages
1, 2, and 6 of the decision. This minor modification will not effect the content of the relief contained
in the decision. There is no appeal period for this decision as no public hearing was held. The
corrected document submitted herewith shall be recorded with the Registry of Deeds. Thank you.
Eleanor W. Antonietti,
Zoning Administrator
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the /^ day of , 2017, before me, the undersigned notary public, personally
appeared Eleanor Weller Antoi etti, the above -named Zoning Administrator of Nantucket,
Massachusetts, personally known to me to be the person whose name is signed on the preceding
document, and acknowledged that she signed the foregoing instrument voluntarily for the p>,lrposes
there' pressed. KAREN L. E. BRADFORD"
Notary Public
fi,m COAIMOMNEALTN OF WSUCIAISEM, =
ffic' Si ature a Seal of Notary Public oe�ce t e1s 2ooes
My c mm ssion ex res: ,
2 Fairgrounds Road Nantucket Massachusetts 02584
508 - 228 -7215 telephone 508 -228 -7298 facsimile
NANTUGKc+
TG,VVN GLER",
Locus: Surfside Road at South Shore RD�e 2017 FEB -9 PM 2: 59
TOWN OF NANTUCKET ZONINGBOARDOFAPPEAIS
FILE NO. 076-11
SECOND AMENDED AND RESTATED COMPREHENSIVE PERMIT
For
SACHEM'S PATH NANTUCKET, LLC
Surfside Road at South s oad her-e Drive, Nantucket
Assessor's Map 67, Parcel 513, Building Lots 1 -40, Open Space Lots 41 -47, and the fee in the
30' Right -of -Way as shown on the Definitive Cluster Subdivision Plan, entitled "Definitive
Subdivision Plan, Sachem Path, Nantucket, Massachusetts, Permitting Plans ", dated July 31,
2012 [ "Subdivision Plan "], recorded with the Nantucket Registry of Deeds as Plan No. 2014-
68. Deed Reference in Book 1446, Page 66.
I. BACKGROUND OF APPLICATION
An application for a Comprehensive Permit pursuant to Massachusetts General Laws
[ "MGL "] Chapter 40B, Sections [ " § § "] 20 -23 [ "Statute "], to create a subdivision containing 40
building lots and seven (7) open -space lots as shown on the Subdivision Plan [ "Development "]
[See Exhibit B] was filed with the Nantucket Zoning Board of Appeals [ "ZBA "] by
Housing Assistance Corporation on October 11, 2011, which was duly filed with the
Nantucket Town Clerk with the initial Public Hearing scheduled for November 10, 2011.
The ZBA issued a Comprehensive Permit to Housing Assistance Corporation pursuant to
the Statute in a decision dated September 13, 2012, and recorded with the Nantucket
County Registry of Deeds in Book 1446, Page 20, to create the Development.
The ZBA issued an Amendment 91 to Comprehensive Permit pursuant to the Statute in a
decision dated May 15, 2014, and recorded with the Nantucket County Registry of Deeds
in Book 1446, Page 50, to create the Development. As part of Amendment #1, the
Comprehensive Permit was transferred from Housing Assistance Corporation to Sachem's
Path Nantucket, LLC [hereafter as the context so admits, "Applicant "]
By a request dated February 10, 2015, and subsequently amended on March 5, 2015 and
March 9, 2015, the Applicant requested further amendments to the Comprehensive Permit.
Items 1 -4 and original Item 6 of such request were subsequently approved by the Board, and
original Item 5 was withdrawn by the Applicant. As part of such approval, the Board and
Applicant agreed and the Board so voted at a meeting on March 12, 2015, that for purposes
of clarity and convenience, the requested new modifications along with modifications
approved in Amendment #1 should be consolidated into an Amended and Restated
Comprehensive Permit Decision.
By a request dated June 5, 2015, the Applicant requested further amendments to the
Comprehensive Permit.
By a request dated August 24, 2015, and subsequently amended on September 30, 2015, the
Applicant requested further amendments to the Amended and Restated Comprehensive
Permit in order to comply with requirements set forth by the Massachusetts Department of
Housing and Community Development dated August 14, 2015. The Board issued a First
Amended and Restated Comprehensive Permit on December 10, 2015.
In response to a request by the Applicant to further amend Condition 19.m in response to a
request by the Nantucket Historic District Commission concerning driveway materials, the
Board voted on March 10, 2016, to find that the proposed replacement language in
Condition 19.m was approved as an insubstantial change.
By a request dated November 14, 2016, the Applicant requested further amendments to the
First Amended and Restated Comprehensive Permit in connection with the buildout of
Phase 2 of the Development as set forth in this Second Amended and Restated
Comprehensive Permit.
The location of the property that is the subject of this Application consists of one parcel
located at the corner of Surfside Road and South Shore Dfive Road. Notice of the Public
Hearing on the Application was duly posted in the Town and County Building, was mailed
to the Applicant, abutters, owners of land directly opposite on any public or private street or
way, abutters to the abutters within three hundred feet of the property lines of the subject
property, the Nantucket Planning Board and other Town Agencies, and was published in
the Nantucket Inquirer and Mirror newspaper on October 10, 2011.
A Public Hearing on the Application was opened at 4 Fairgrounds Road, Nantucket, MA,
at 1:00 p.m. on November 10, 2011, and was continued to December 8, 2011, January
12, 2012, February 1, 2012, February 15, 2012, April 12, 2012, May 10, 2012, June 14,
2012, and July 12, 2012, during which the ZBA, Town Departments and Committees,
neighbors, and other interested parties discussed the plan and proposal with the Applicant.
The time frame in which the Board was required to close the public hearing was extended
from April 20, 2012 to July 12, 2012, as agreed upon by the Applicant and the Board. The
public hearing was closed on July 12, 2012. The time frame in which the Board was
required to render its decision was extended to September 14, 2012, as agreed upon by the
Applicant and the Board.
2
ZBA meetings on the Amendment #1 to Comprehensive Permit request were held on
January 9, 2014, February 13, 2014, March 13, 2014, and April 10, 2014, during which the
ZBA, Town Departments and Committees, the ZBA's consultant, neighbors, and other
interested parties discussed the various amendment requests with the Applicant.
A ZBA meeting on the further amendment request of February -March 2015, was held on
March 12, 2015, during which the ZBA, Town Departments and Committees, the ZBA's
consultant, neighbors, and other interested parties discussed the various amendment requests
with the Applicant.
A ZBA meeting on the further amendment request of June 2015, was held on June 10, 2015,
during which the ZBA, Town Departments and Committees, the ZBA's consultant,
neighbors, and other interested parties discussed the various amendment requests with the
Applicant.
A ZBA meeting on the further amendment request of September 30, 2015, was held on
October 8, 2015, during which the ZBA, Town Departments and Committees, the ZBA's
consultant, neighbors, and other interested parties discussed the various amendment requests
with the Applicant.
A ZBA meeting on the request for the change in Condition 19.m was held on March 10,
2016, during which the ZBA and Town Departments and Committees discussed the request
with the Applicant.
A ZBA meeting on the further amendment request for a Second Amended and Restated
Comprehensive Permit was held on December 8, 2016, January 12, 2017, and January 17,
2017, during which the ZBA, Town Departments and Committ ees, the ZBA's consultants,
and other interested parties discussed the various amendment requests with the Applicant.
The members of the ZBA hearing the original Application were Mr. Edward Toole,
Chairman, Mr. Michael O'Mara, Mr. Kerim Koseatac, Mrs. Lisa Botticelli, and Mr. Mark
Poor. The members of the ZBA hearing the Amendment 91 request were Mr. Edward Toole,
Chairman, Mr. Michael O'Mara, Mrs. Lisa Botticelli, and Mr. Mark Poor. The members of
the ZBA hearing the February -March 2015 further amendment request were Mr. Edward
Toole, Chairman, Mr. Kerim Koseatac, Mr. Mark Poor, Mrs. Susan McCarthy, and Mr.
Geoffrey Thayer. The members of the ZBA hearing the June 2015 further amendment
request were Mr. Edward Toole, Chairman, Mrs. Lisa Botticelli, Mr. Michael O'Mara, Mr.
Kerim Koseatac, and Mr. Mark Poor. The members of the ZBA hearing the September 2015
further amendment request were Mr. Edward Toole, Chairman, Mrs. Lisa Botticelli, Mr.
Michael O'Mara, Mr. Kerim Koseatac, and Mr. Mark Poor. The members of the ZBA
hearing the March 2016 further amendment request were Mr. Edward Toole, Chairman, Mrs.
Lisa Botticelli, Mr. Michael O'Mara, Mr. Kerim Koseatac, and Mr. Mark Poor. The
members of the ZBA hearing the December 2016 further amendment request were Mr.
Edward Toole, Chairman, Mr. Michael O'Mara, Mr. Kerim Koseatac, Ms. Susan McCarthy,
and Mr. James Mondani. The ZBA was assisted by Mr. Edward Marchant, a consultant,
hired to advise on the Statute and procedural questions; Mr. Ed Pesce, an engineer, hired to
advise on technical aspects of the proposal; and Mr. Jeffrey S. Dirk, a traffic engineer, hired
3
to advise on site access questions.
The ZBA has not adopted local rules and regulations governing applications filed
pursuant to MGL Chapter 40B, and accordingly, the model rules prepared by the
Commonwealth of Massachusetts, Department of Housing and Community Development
(DHCD), are the rules applicable to this Application.
The Public Record of this Decision includes, but is not limited to, the Application,
including reports, plans, and specifications, supplemental materials listed in Exhibit C; the
correspondence between the Applicant and the ZBA, agency and peer review reports,
written material received during the public process; and such other information on file with
the ZBA at the Nantucket Zoning Board of Appeals office.
II. BACKGROUND OF MGL CHAPTER 40B
This is an Application, pursuant to MGL Chapter 40B, §§ 20 -23, for a Comprehensive
Permit to create a subdivision containing 40 building lots and seven (7) open -space lots as
shown on the Subdivision Plan. Single- family homes and site amenities are to be constructed
in substantial compliance with the Neighborhood Conceptual Design Plan and Representative
Site Landscape Plans, each dated April 2, 2012, and known as Sheets L1 Alt, L2 Alt, and L3
Alt. After the closing of the public hearing, the ZBA voted 1) four (4) to zero (0), on
September 13, 2012, with Mr. Edward Toole, Mr. Kerim Koseatac, Mrs. Lisa Botticelli, and
Mr. Mark Poor in favor and no one opposed, to approve the subdivision as shown on the
Subdivision Plan, and 2) four (4) to zero (0), on September 13, 2012, with Mr. Edward
Toole, Mr. Kerim Koseatac, Mrs. Lisa Botticelli, and Mr. Mark Poor in favor and no one
opposed, to approve the Comprehensive Permit consisting of 40 dwelling units of which
(as proposed by the Applicant) 12 homes will be affordable at or below 80% of area
median income and 28 homes will be affordable between 81 and 150% of area median
income (see Section III(B)(2) below). All 40 dwellings will be detached, single- family
homes in fee simple ownership, which the ZBA found to be consistent with the
neighborhood.
In connection with the Amendment #1 request, after lengthy discussion over several
meetings, at its meeting on April 10, 2014, after a Motion was made by Mrs. Lisa Botticelli
and seconded by Mr. Michael O'Mara, the ZBA voted unanimously to approve certain
requested insubstantial changes as discussed and requested.
In connection with the February -March 2015 further amendment request, after discussion, at
its meeting on March 12, 2015, after a Motion was made by Susan McCarthy and seconded by
Geoffrey Thayer, the ZBA voted unanimously to approve certain additional insubstantial
changes as discussed and requested.
In connection with the June 2015 further amendment request, after discussion, at its meeting
on June 10, 2015, after a Motion was made by Lisa Botticelli and seconded by Mark Poor, the
ZBA voted unanimously to approve certain additional insubstantial changes as discussed and
requested.
In connection with the September 30, 2015 further amendment request, after discussion, at its
meeting on October 8, 2015, after a Motion was made by Kerim Koseatac and seconded by
Lisa Botticelli, the ZBA voted unanimously to approve certain additional insubstantial changes
as discussed and requested.
In connection with the March 2016 further amendment request, after discussion, at its meeting
on March 10, 2016, after a Motion was made by Michael O'Mara and seconded by Kerim
Koseatac, the ZBA voted unanimously to approve the amendment to Condition 19.m as an
insubstantial change as discussed and requested.
In connection with the November 14, 2016, further amendment request, after discussion, at its
meetings on December 8, 2016, January 12, 2017, and January 17, 2017, after Motions made
by Kerim Koseatac and seconded by Michael O'Mara, the ZBA voted unanimously to approve
certain additional insubstantial changes as discussed and requested.
The housing is proposed pursuant to the Housing Stabilization Program of the
Massachusetts Department of Housing and Community Development (Subsidizing
Agency) or other direct funding subsidy authorized by the Commonwealth of
Massachusetts, and a minimum of 25% of the dwellings (10) will be sold to households
whose annual household incomes do not exceed 80% of the annual median income for
Nantucket as defined by the U.S. Department of Housing and Urban Development ( "HUD "),
adjusted for household size, with no more than 30% of household annual income going
toward interest and principal mortgage payments, real estate taxes, insurance, private
mortgage insurance and any homeowners' association fees [collectively "Affordable
Homes "]. As previously noted, however, the Applicant proposes that twelve of the units
will be such Affordable Homes. Three (3) of the Affordable Homes will be provided by
Habitat for Humanity Nantucket, and the remainder will be constructed by the Applicant.
All Affordable Homes shall be sold to households satisfying all applicable income, asset,
first time homebuyer, and other eligibility requirements for inclusion of these Affordable
Homes in the DHCD Subsidized Housing Inventory. All marketing must satisfy applicable
state and federal Fair Housing requirements. The Applicant shall be responsible for
assuring compliance with the applicable eligibility and Fair Housing guidelines for the ten
(10) Affordable Homes that are necessary to satisfy the minimum 25% affordable unit
Chapter 40B statutory requirement, including the proposed three homes to be completed by
Habitat for Humanity Nantucket.
III. THE PUBLIC HEARING
A. Jurisdictional Requirements
At the first session of the Public Hearing, representatives of the Applicant as requested
gave an introductory presentation on the proposal, the site history, and the 40B process,
including a review of the jurisdictional requirements of the Statute. Mr. Marchant gave
a synopsis regarding the MGL Chapter 40B process and explained how the
Applicant satisfied the jurisdictional requirements of the Statute (see Section D
below) as well as the ZBA's role as the local permit granting authority. The
Application was continued to December 8, 2011, for a more thorough presentation.
B. Project Description
The Applicant, represented by Adrienne Danner and Gisele Gauthier, originally of
Housing Assistance Corporation and thereafter Adrienne Danner of Sachem's Path
Nantucket, LLC; attorney Andrew L. Singer, of the Law Office of Singer & Singer.
LLC; development consultant, Mr. Kevin Maguire, of Oxbow Partners; consulting
engineer, Mr. Brian Kuchar, of Horsley Witten Group, Inc.; and consulting
architects, Mr. Rick Fenuccio, of Brown Lindquist Fenuccio & Raber Architects, Inc.
and Mr. Thomas Hartman, of Coldham & Hartman Architects, outlined the
Sachem's Path Development proposal. The land is currently owned by the
Nantucket Housing Authority and is held for the purpose of constructing affordable
housing. The land will be deeded to the Applicant. The original 50 -unit Request
for Proposals issued by the Nantucket Housing Authority was downsized to the
proposed construction of 40 single - family dwellings as previously discussed.
Thirty -seven (37) of the lots will be developed and sold by the Applicant, and three
(3) of the lots will be gifted to Habitat for Humanity Nantucket for construction or
relocation of design- appropriate housing on such lots in compliance with the
Comprehensive Permit. The Nantucket Historic District Commission has reviewed
design plans proposed by the Applicant and will review and must approve any
changes thereto, as well as the proposed Habitat for Humanity homes.
Although the Applicant is gifting three of the lots to Habitat for Humanity
Nantucket, Applicant shall be responsible for monitoring Habitat for Humanity
Nantucket's activities and compliance with the terms of the Comprehensive Permit.
the Regulatory Agreement and any other applicable documents.
Physical Characteristics
The Property is a 9.12 -acre parcel located at the southwestern corner of Surfside
Road and South e Road(Assessor Map 67, Parcel 513). The site is currently
undeveloped and is vegetated with trees and shrubs, with an open area in the central
portion with low- growing shrubs, grasses, and herbaceous species. The Property is
located in the Limited Use General 2 (LUG -2) District and is mapped as Priority
Habitat of Rare Species by the Massachusetts Natural Heritage and Endangered
Species Program. Hooper Farm Road is located across Surfside Road from the
Property. The Surfside Bike Path is located on Surfside Road along the eastern
Property boundary. A utility right of way bisects the site, extending south from
Hooper Farm Road. The Property is bounded by Town -owned lands to the north,
residential properties to the northwest, and privately- owned, undeveloped land to the
southwest. The closest buildings are residences to the west and east across Surfside
Road. There are no wetlands on the Property or within 100 ft. of the proposed
development. The project site is relatively close to the downtown commercial center
of Nantucket, and is within the service area for public infrastructure, including public
water supply, public wastewater collection and treatment, and public transportation.
Affordability
The proposed sales prices for the Affordable Homes are estimated to be
approximately between $205,400 and $260,000, for the one -to -three bedroom homes,
respectively, based upon current U.S. Department of Housing and Community
Development (HUD) income data adjusted for household size and the updated pro
forma submitted by the Applicant dated April 4, 2012. The maximum sales price
will be based upon an assumption that no more than 30% of the homeowner's
annual household income shall be used for interest and principal mortgage payments,
real estate taxes, insurance, private mortgage insurance and any Homeowners'
Association fees. The proposed maximum sales prices shall be as reviewed and
approved by the Subsidizing Agency. The proposed sales prices for the
remaining homes are estimated to be approximately between $285,000 and
$465,000, for the one -to -three bedroom homes, respectively. Final prices for the
Affordable Homes shall be established in accordance with State regulations prior to
unit marketing based upon applicable household income data and the Subsidizing
Agency requirements or, if applicable, in accordance with the appropriate DHCD
Guidelines for "Housing Programs in which Funding is Provided Through a Non-
governmental Entity" in effect at the time the initial lottery is done. A "Window of
Affordability" shall be created for the Affordable Homes in that, although
household eligibility will be based upon 80% or less of median family income,
adjusted for household size, the initial sales prices for the Affordable Homes will
be established by assuming that household median family income is no greater
than 70% of median family income, adjusted for household size. Habitat for
Humanity Nantucket (Habitat Nantucket) will price homes consistent with its
formula currently in use on Nantucket. However, any such Habitat Nantucket
pricing and marketing methodology shall satisfy all DHCD requirements for
inclusion of these three units in the DHCD Subsidized Housing Inventory. If any
Habitat Nantucket home does not satisfy these requirements, the Applicant shall
be responsible for substituting one of its 81 % to 150% homes to assure
compliance with the Chapter 40B minimum 25% affordability requirement.
C. Public Comment
At each session of the Public Hearing, the ZBA asked for public comment.
Several residents from the surrounding area spoke or wrote at various times with
questions and/or concerns about plant habitat, market demand for the higher - priced
homes, and traffic patterns. Several residents of the community spoke in support
of the new housing.
The Chairman of the Nantucket Historic District Commission [ "HDC "] spoke about
the proposal, complimenting the Applicant for working closely with the HDC. The
HDC recommended that the houses be sited closer to the street to enhance a
"neighborhood feel ".
The Nantucket Planning Department submitted comments from the Senior Planner
and on behalf of the Planning Board in Memoranda to the ZBA dated November 5,
2011, December 8, 2011, and January 9, 2012, raising questions, comments, and
concerns about certain infrastructure, including roadway width, sidewalks and
pedestrian access, paved driveway aprons and parking space location, community
mailboxes, and open space delineation.
The Applicant submitted supplemental submissions on November 2, 2011,
December 1, 2011, January 5, 2012, January 30, 2012, February 13, 2012, April
12, 2012, April 27, 2012, May 2, 2012, June 6, 2012, and July 3, 2012. On behalf
of the Applicant, Horsley Witten Group, Inc. submitted a Site Entrance and
Traffic Review Letter dated January 4, 2012, and McMahon Transportation
Engineers & Planners submitted a Traffic Review Letter dated January 27, 2012.
On behalf of the ZBA, Vanasse & Associates, Inc. submitted a Site Access
Review dated March 1, 2012.
Habitat for Humanity Nantucket submitted a letter dated January 13, 2012, to the
ZBA. Habitat for Humanity Cape Cod submitted a letter dated February 28,
2012, to the ZBA.
Board members raised questions and there was substantial discussion about site
access and public safety, market demand for the higher priced Homes that would
have the same Resale Restrictions as the Affordable Homes, building design, shed
locations, landscaping, buffers, fencing, street lighting, Habitat Nantucket's
understanding of 40B marketing and eligibility requirements, expansion of
homes—particularly any increases in the number of bedrooms, waivers, and
conditions, among other matters.
D. Findings of Fact
The ZBA has jurisdiction to issue a comprehensive permit in
accordance with the Statute as follows:
a. Sachem's Path Nantucket, LLC is a nonprofit organization.
b. The MassHousing Project Eligibility Letter [ "PEL "] dated
October 11, 2011, fulfills the requirement of 760 CMR 56
that "[t]he project shall be fundable by a subsidizing
agency under a low and moderate income subsidy
program." The PEL notes in part that it "...is intended to
be a written determination of Project Eligibility (Site
Approval) in accordance with the Comprehensive Permit
Rules, establishing fundability by a subsidizing agency
under a low- and moderate - income housing subsidy
program. To the extent that Project funding is provided by
a non - governmental entity (NEF), this letter is also
intended to be a determination of Project Eligibility ("Site
Approval ") by [the Subsidizing Agency] (formerly,
"Project Administrator ") under the Comprehensive Permit
Guidelines ( "Guidelines ") issued by the Department of
Housing and Community Development." As subsequently
approved in the amendment requests, the Subsidizing
Agency was changed to the Massachusetts Department of
Housing and Community Development.
The Applicant has demonstrated site control through its
collaboration with the Nantucket Housing Authority, the
successful completion of the RFP process, and the
proposed purchase of the land in connection with
developing the proposed subdivision.
2. The Project is consistent with local needs:
a. Based on the statistics maintained by DHCD and
presented by the Applicant, the Town's housing stock
does not satisfy the State's goal of 10% of its year -round
housing units dedicated to low and moderate - income level
households. This is despite the fact that the Town and
Nantucket Housing Authority have made significant efforts
and numerous housing initiatives, including actions taken
at Annual Town Meetings, all in an effort to meet the
substantial community need for housing.
b. Although the proposed density is significantly above that
allowed by the current zoning district (LUG -2), the ZBA
finds both higher and lower actual density within the area.
The ZBA required modifications including setbacks from
Surfside Road and dedicated open space, one -way traffic flow
and sidewalks on the loop portion of the subdivision road, and
other site changes agreed upon with the Applicant through
the public hearing process that have significantly reduced
and /or mitigated potential impacts to the neighborhood.
The subdivision will connect to the nearby municipal sewer
and water service.
Housing Assistance Corporation, Sachem's Path Nantucket LLC, and the
Nantucket Housing Authority have entered into a Development
Agreement [ "Development Agreement "] dated October 23, 2013
governing the rights, responsibilities, and obligations between and among
the parties to the Development. The provisions of the Development
Agreement, including without limitation financial obligations, shall be
followed in connection with the construction and operation of the
Development.
4. The MassHousing Project Eligibility Letter [ "PEL "] dated October 11,
2011, stated that 25% of the units must be offered for sale to households
earning no more than 80% of the Area Median Income, adjusted for
household size, as published by HUD. Consistent with the Development
Agreement and general program for the development, the remaining
homes will be offered for sale to households between 81% - 150% of Area
Median Income, adjusted for household size. The Applicant shall use the
regulatory documents required by the Commonwealth of Massachusetts
for households earning between 81 % - 100% of the Area Median Income
me and shall also use similar regulatory documents for those households
earning between 101% - 150% of the Area Median Income. Regulatory
documents for households earning between 101 % - 150% of the Area
Median Income shall be especially created in consultation with and with
the approval of the Town of Nantucket including the Nantucket Housing
Authority and the Nantucket Community Preservation Commission.
The current G.L. c. 40B Guidelines issued by DHCD require that
affordable homeownership units be reasonably interspersed through the
project and blended into a project, so that they are an integral part of the
overall design and relate to market units on a substantially equal footing.
It is also our understanding that the Subsidizing Agency regulates the
construction ratio of units to be sold to households earning no more than
80% of area median income to units not required to be sold to households
earning no more than 80% of area median income.
6. The PEL stated that the Subsidizing Agency intends to delegate
responsibility for monitoring compliance with the affordability and
eligibility requirements to a Monitoring Agent. The Applicant has also
submitted form legal documents such that the Subsidizing Agency will
itself be monitoring the limited dividend requirement, and that the
Applicant shall bear all reasonable costs for the Monitoring Agents'
contract /services.
7. The PEL stated that the Applicant must enter into a Regulatory Agreement
with the Subsidizing Agency ensuring compliance with the requirements
of the applicable program, the comprehensive permit rules and guidelines.
The PEL also stated that an affordable housing restriction must be
recorded with the deed to each unit that is to be restricted to households
earning no more than 80% of the Area Median Income, which restriction
ensures that the units remain affordable to future buyers in perpetuity.
8. Pursuant to an agreement with Housing Authority, the Applicant has
further committed that, notwithstanding the foregoing, the Applicant shall
not disburse any sales, financing, grant or other revenue toward its
development fee (profit) except as set forth on Exhibit D attached hereto
and made a part hereof. Said agreement further specifies that the
Applicant may disburse such revenue for reasonable and certifiable
development overhead costs during both the preconstruction period and
during construction on a house by house basis. As set forth in the
agreement with the Housing Authority, these commitments were made by
the Applicant in order to maintain an adequate cost contingency so as to
be able to complete the Project in accordance with the terms of the
Comprehensive Permit.
lug
9. The Applicant has received awards of funds from the Nantucket
Community Preservation Committee (CPC) under the auspices of the
Community Preservation Act (CPA) to support the creation of affordable
housing by assisting the Development. The Development Agreement
entered into between the Applicant and the Nantucket Housing Authority
as well as the 2012 Comprehensive Permit as the same may be amended
over time shall collectively be treated as the affordability restriction
required by Section 12(a) of the Community Preservation Act, as
otherwise referenced in the awards of funds by the CPC under the CPA,
unless determined otherwise by DHCD.
E. ZBA Discussion and Vote
After ZBA discussion at its meeting held on July 12, 2012, a Motion was
made by Mr. Poor, seconded by Mrs. Botticelli, to close the public
hearing regarding this Application. The ZBA deliberated regarding the
application at its properly - posted meeting on September 13, 2012, after
which two separate motions were made and voted as follows: 1) a
Motion was made by Mr. Poor, seconded by Mrs. Botticelli, to approve
the Subdivision Plan, and 2) a Motion was made by Mr. Poor, seconded
by Mrs. Botticelli, to approve the Comprehensive Permit and to allow
only those waivers from the Nantucket local By -laws and regulations as
shown on Exhibit A attached hereto and incorporated herein by
reference and to incorporate Conditions as set forth in Section F below into
the Comprehensive Permit. The ZBA finds that relaxing certain restrictions is
necessary to ensure affordability, but that the following conditions and
restrictions are necessary to protect the public health, safety and
environment and that such conditions and restrictions would not make the
project uneconomic.
In connection with the Amendment #I request, after lengthy discussion over
several meetings, at its meeting on April 10, 2014, after a Motion was made
by Mrs. Lisa Botticelli and seconded by Mr. Michael O'Mara, the ZBA
voted unanimously to approve certain requested insubstantial changes as
discussed and requested.
In connection with the February -March 2015 further amendment request, after
discussion, at its meeting on March 12, 2015, after a Motion was made by Susan
McCarthy and seconded by Geoffrey Thayer, the ZBA voted unanimously to approve
certain additional insubstantial changes as discussed and requested and to issue this
Amended and Restated Comprehensive Permit Decision.
In connection with the June 2015 further amendment request, after discussion, at its
meeting on June 10, 2015, after a Motion was made by Lisa Botticelli and seconded by
Mark Poor, the ZBA voted unanimously to approve certain additional insubstantial
changes as discussed and requested.
11
In connection with the September 30, 2015 further amendment request, after
discussion, at its meeting on October 8, 2015, after a Motion was made by Kerim
Koseatac and seconded by Lisa Botticelli, the ZBA voted unanimously to approve
certain additional insubstantial changes as discussed and requested.
In connection with the March 2016 further amendment request, after discussion, at its
meeting on March 10, 2016, after a Motion was made by Michael O'Mara and
seconded by Kerim Koseatac, the ZBA voted unanimously to approve the
amendment to Condition 19.m as an insubstantial change as discussed and requested.
In connection with the November 14, 2016, further amendment request, after
discussion, at its meetings on December 8, 2016, January 12, 2017, and January 17,
2017, after Motions made by Kerim Koseatac, and seconded by Michael O'Mara, the
ZBA voted unanimously to approve certain additional insubstantial changes as
discussed and requested.
F. Conditions
The Comprehensive Permit is issued upon the following conditions:
1. Except as may otherwise be required by this Decision, Sachem's
Path shall be constructed in substantial compliance with the
Subdivision Plan, the Neighborhood Conceptual Design Plan, the
Representative Landscape Plans, the Phasing Plan and the other
plans of record (as most recently amended), listed in Exhibit C
and incorporated herein by reference. Any deviation from these
plans ruled by the Zoning Enforcement Officer to be material
shall be reviewed as a modification of this Comprehensive Permit
and shall be reviewed as set forth in 760 CMR 56.00.
2. As proposed by the Applicant, Sachem's Path shall be limited to
no more than forty (40) detached, single- family dwellings to be
held in fee simple ownership. Of these forty (40) dwellings, the
Applicant has full responsibility for ensuring that a minimum of
ten (10) dwellings are completed, and sold to eligible households
earning at or below 80% of the Area Median Income in
accordance with Chapter 40B guidelines. The Town may
withhold issuance of Certificates of Occupancy for the final three
(3) non 80% dwellings in Phase 2 until a Certificate of
Occupancy is issued for the 10th 80% dwelling in the Subdivision.
The MassHousing PEL stated that 25% of the units must be
offered for sale to households earning no more than 80% of the
area median income, adjusted for household size, as published by
HUD. Compliance with such programmatic requirements shall
be determined solely by the Subsidizing Agency in accordance
with the Chapter 40B Regulatory Requirements. Total bedrooms
for the site shall not exceed ninety -seven (97) bedrooms, which
12
are proposed in one, two, and three- bedroom homes. The
Applicant has stated that the sewer allocation for Sachem's Path
can accommodate all of the proposed ninety -seven bedrooms in
the subdivision.
Construction Management
3. Thirty -seven homes (37) shall be constructed by the Applicant in
accordance with bona fide Purchase and Sale Agreements.
Notwithstanding the foregoing, two (2) homes may be
constructed as Marketing Models prior to a Purchase and Sale
Agreement being signed. Three homes (3) shall be constructed by
Habitat Nantucket. No lots shall be sold by either the Applicant
or Habitat Nantucket until Certificates of Occupancy have been
received for each respective lot.
4. Prior to submitting an application for a building permit for the
first lot, the Applicant shall submit the following information
and /or plans to the Zoning Enforcement Officer for review for
consistency with the Comprehensive Permit, the Applicant's
representations to the Board during the Public Hearing and the
materials submitted by the Applicant into the record of the Public
Hearing:
a. Definitive Subdivision Plan, suitable for recording,
showing all lots with metes and bounds descriptions,
utility easements, drainage and swale easements (if
applicable), and 40 -foot open space line along Surfside
Road;
b. Final Conceptual Neighborhood Site Development Plan,
not to be recorded, and House -Lot Models Options Master
List showing minimum setbacks, proposed building
footprints and style or type options that are suitable for
each lot;
C. Roadway Plan or Plans showing cross - sections, grade, and
drainage details;
d. Utility Plan or Plans showing all electric, cable television,
telephone, public water, and other infrastructure on site;
Sewer Plan and Profile showing the sewer connection line
to be constructed;
f Final Grading and Drainage Plan and Erosion Control
Plan;
13
g. Final Landscape and Planting Plan, prepared by a Registered
Landscape Architect, including a planting schedule
identifying species, sizes, quantities of trees and other plant
materials, and planting details. The Landscaping and
Planting Plan shall not include pitch pines and shall state
that trees will be minimum four -inch caliper. The Applicant
shall provide evidence to the Zoning Enforcement Officer
of a bond in the amount of $500,000.00 as security for the
completion of all landscape improvements and finish coat
for the road, and such bond shall remain in place until all
homes have been constructed in the Subdivision. The
terms of the bond and the bond issuer must be acceptable
to the Zoning Enforcement Officer.
h. A description and location for the proposed staging of
equipment, construction material, parking, and soil
stockpiles including measures designed to protect the
sewer force main crossing the Property;
Final Declaration of Protective Covenants; and
Proposed Homeowner's Association budget identifying all
estimated Association fees.
The Applicant shall incorporate best management practices to
control erosion, sedimentation, and dust during construction as
indicated on the plans, including but not limited to watering and
seeding stockpiles of earth material as necessary to prevent dust
or other nuisance, and reseeding any disturbed areas in which no
work takes place for more than thirty days. Long -term (more
than six months) storage of stockpiles of material shall be
prohibited.
6. Prior to the start of infrastructure construction, a pre- construction
meeting shall be held among the Applicant, the Applicant's
contractors, utility company representatives, the Board's
representatives, representatives of the DPW and the Wannacomet
Water Company, and the Board's engineering consultant who
will be involved in the inspection of the road and drainage
improvements. The Applicant shall provide for a Project
Representative to be on site who will be responsible for on -site
activities.
7. The Applicant shall construct, at its own expense, the
improvements stated herein as shown on the referenced
engineering and /or architectural plans as revised with the
14
Applicant's Request for Modifications. Such improvements
shall further be constructed as set forth on the Sachems Path
Housing - Phase II Proposed Logistics Plan (Sheets C -3, C -5, C-
6, and LA -1) , a reduced copy of which is attached herewith as
"Exhibit E ", as reviewed and approved by Mr. Edward L. Pesce,
the Town's consulting engineer, in a letter to the Board dated
January 5, 2017. Infrastructure work, including any site
clearance, shall not commence for Phase 1 until after a
Commitment Letter for State Funding acceptable to the ZBA is
received and submitted to the ZBA for its review and approval.
Such letter must provide adequate subsidy for the completion of
the Phase 1 dwellings. Subsidy funding shall be available to the
project within a timeframe such that the construction of dwelling
units may begin within nine (9) months of receipt of the
Commitment Letter. Completion of infrastructure in each phase
shall include a two -inch binder coat for the road and the other
required infrastructure as listed above. The finish coat for the
roadways within each of the (2) two phases shall be completed
prior to the issuance of a Certificate of Occupancy for the last
dwelling in each phase. Notwithstanding the foregoing, the
Applicant shall be allowed to construct two (2) houses to serve
only as marketing models at the same time as the infrastructure
improvements are being undertaken within the first phase. No use
of these two marketing models other than for marketing purposes
shall be allowed until such time that Certificates of Occupancy
are duly issued for the subject model homes. Prior to any
marketing use of the two (2) model homes, the Zoning
Enforcement Officer must make a determination that there can be
safe access by the public to the model homes.
8. The Applicant shall be responsible for completion and
maintenance of all infrastructure and compliance with this
Decision until all of the homes in the development are
constructed and sold, except that upon completion and sale of the
first 16 homes, the Homeowners Association will become
responsible for the costs of maintenance of the infrastructure
serving such initial 16 homes. Upon completion and sale of all
homes in the development, the Homeowners Association shall
bear responsibility for maintenance of all infrastructure.
9. The interior sidewalk as shown on the Neighborhood Conceptual
Design Plan shall be constructed of a precast concrete curb with a
concrete sidewalk.
10. Concrete driveway aprons shall be as shown on the plans.
15
11. The construction of road and drainage improvements cited in this
Decision shall be inspected by the Board of Appeals' engineering
consultant. The cost for such inspection shall be the Applicant's
responsibility in accordance with the standard protocol for such
inspections required by the Planning Board for subdivisions.
12. There shall be no construction activity on Sundays and legal
holidays. All exterior construction activity (including, without
limitation, use of power tools, excavation equipment, and
landscaping activities) shall not begin prior to 7:30 am, nor
continue after 7:00 pm on weekdays. All exterior construction
activity shall not begin prior to 8:00 am, nor continue after 6:00
pm on Saturdays. Further, these time limitations shall apply to
the outdoor set -up and assembly of power tools and equipment,
whether or not the intent is to use such equipment inside houses
under construction.
13. Following completion of the road and drainage improvements
described above, the contractor shall provide as -built plans to the
Board's engineering consultant. These plans shall document
substantial compliance with the improvements specifications
required by the Board.
14. Preserved open space, conservation restriction area, and
undisturbed buffer areas as shown on the Definitive Subdivision
Plan dated July 31, 2012, and signed by the Board of Appeals on
September 13, 2012, shall be delineated with a split rail fence in
those locations shown on the Plans and shall be considered
permanently protected open space consistent with M.G.L.
Chapter 40A, §9, subject to the exceptions provided herein. As
shown on the Plans, such fencing is not proposed or required
around those sides of Lots 43 and 44 as shown on the Definitive
Subdivision Plan not facing other lots within the Subdivision.
The split rail fence shall be erected by the Applicant prior to
application for any building permits. The Applicant shall be
responsible for maintaining this fence in good order until all of
the homes in the development are constructed and sold.
Thereafter, the Homeowners Association shall bear such
responsibility. Notwithstanding the foregoing, the existing dirt
driveway, mailboxes, and dumpster located on Lot 44 as shown
on the Definitive Subdivision Plan shall continue to be allowed
to be used, maintained, repaired, and replaced by the Nantucket
Housing Authority, such dirt driveway being for ongoing access
to and from the two garage /shed buildings located on the
Authority's adjacent land and Benjamin Drive. Lot 43 as shown
on the Definitive Subdivision Plan shall be used only as allowed
by the Massachusetts Natural Heritage and Endangered Species
UM
Program. Lot 42 as shown on the Definitive Subdivision Plan
shall be maintained as undisturbed open space subject to the
existing sewer force main easement thereon. Lots 41, 45, and 47
as shown on the Definitive Subdivision Plan shall be maintained
as undisturbed open space. Lot 46 as shown on the Definitive
Subdivision Plan shall be maintained as undisturbed open space
subject to a drainage easement thereon. The areas labelled as
undisturbed buffer areas within the Lots along Surfside Road and
along the rear of the Subdivision property as shown on the
Definitive Subdivision Plan shall be maintained as undisturbed
open space.
15. During construction of infrastructure for the project, clearing and
site work shall be limited to the areas necessary for such
infrastructure improvements. Lots in the development shall only
be cleared and/or graded as building permits are issued for such
lots.
16. Any area that is cleared /disturbed, in which construction does not
proceed diligently and in good faith, shall be restored and/or
made safe by the Applicant at the direction of the Building
Inspector.
17. Prior to issuance of a building permit for each lot, the proposed
home design and siting on the lot shall be approved by the
Historic District Commission. No waiver of such requirement is
granted hereby.
Subdivision Management
18. A Homeowner's Association ( "Association ") shall be established
by the Applicant for the maintenance of all common areas
including roadways, drainage facilities, swales, sidewalks,
mailboxes, emergency access gate, perimeter fencing and open
space. The Association shall be governed by the Declaration of
Protective Covenants submitted to the Board of Appeals during
the Public Hearing. The Association may be legally created,
accept deeds to the roads and common facilities and undertake
other administrative and organizational actions, but shall not
assume road, infrastructure maintenance or open space and
mailbox management until all of the infrastructure is completed,
except that upon completion and sale of the first 16 homes, the
Homeowners Association will become responsible for the costs
of maintenance of the infrastructure serving such initial 16
homes. Upon its formation, the Association shall be initially
endowed by the Applicant in the amount of $250.00 per lot and
IIVA
shall determine monthly fees for common area maintenance. The
Association shall administer the fund. The Association may
promulgate rules and regulations, consistent and in compliance
with the terms and conditions of this Decision and the documents
referenced herein. These rules and regulations may include, but
are not limited to, setting standards regarding (1) the conduct of
its residents, (2) appearance of property, (3) minimum
maintenance requirements, (4) procedures to address nuisance
issues such as problematic pets, (5) parking, and (6) conditions
related to the use of open space and mailboxes.
19. The following conditions and rules and regulations shall be
binding upon Owners, Occupants and the Association, under the
authority of the Association, its agents, designees, and assigns:
a. All of the homes are to be owner- occupied, and rentals are
not allowed except under the limited circumstances
contained in the required Universal Deed Rider or such
other documentation ensuring perpetual affordability as
required by the Commonwealth of Massachusetts.
Notwithstanding the above, rentals of individual rooms are
not allowed. This condition shall also be reflected in the
Declaration of Protective Covenants;
b. Each lot shall contain only a single - family home, to be
occupied by no more than two (2) adults per bedroom.
This condition shall not apply to minor children under 18
years of age, except that in no case shall total occupancy
of the homes exceed three (3) persons per bedroom,
including adults and minors, and subject to the
requirement that only a single household unit shall occupy
each residence. No homes shall be occupied as a
dormitory, employer dormitory, rooming house or like
housing, as such housing may be defined by the
Nantucket Zoning By -Law;
Except for the three Habitat for Humanity homes, there
shall be no bedrooms in the basements. In the Habitat for
Humanity homes, one (1) of the allowed bedrooms in
such homes may be located in the basement provided that
the total number of bedrooms in such homes does not
exceed three (3) and any basement bedroom satisfies all
applicable building code requirements.. The remaining
thirty -seven homes in the subdivision shall include
bulkhead access and egress from the basements,
respectively; in addition there shall be no full size
windows or window wells in basements.
18
d. No Owner may add secondary dwelling units, apartments,
or studios. The attics in the homes shall not be finished,
and there shall be no expansions to the building footprints;
Fences and sheds for the storage of garbage receptacles,
lawnmowers, bicycles, toys, and similar items may be
allowed by written consent of the Association and upon
receipt of a Certificate of Appropriateness from the
Historic District Commission, and must be constructed
pursuant to a duly issued building permit. Sheds and
outbuildings shall maintain a minimum five (5) foot side
and rear setback from all property lines;
f. The Association shall have the authority and lien powers
to collect monthly dues, including the power to impose
reasonable fines for failure to comply with the conditions
of the Comprehensive Permit;
g. Among other uses, Association fees collected may be used
to maintain adjacent portions of all Subdivision Roads,
and to provide for snow removal, until, if and when, the
Town or County of Nantucket assumes this responsibility;
h. The Owners shall keep their exterior areas in a high state
of maintenance and cleanliness, with the Association
having the power to enforce compliance and to take such
curative or remedial action as the Association may deem
necessary and to place liens on units for the Association's
expenses incurred in so doing;
The Association shall keep the roads, catch basins,
drainage infrastructure, cluster mailboxes, and other
common areas and common improvements in a high state
of maintenance and cleanliness;
There shall be no parking, storage or use of house trailers, portable
houses, tents or other temporary shelter on a lot. No unregistered,
uninsured or inoperable vehicles, campers or recreational vehicles
shall be allowed on -site. Except as herein provided, no boats
greater than 21 feet in length and no unregistered or junk vehicles
or parts thereof shall be kept or stored in the open on any of the
lots. Boats 21 feet or less in length shall be registered, if required;
and may be kept or stored on a lot provided that they shall not be
located in a front yard. Overnight parking of commercial vehicles
other than pickup trucks, vans and other passenger vehicles used in
19
association with a resident's profession or business shall not be
allowed.
k. Exterior /outdoor lighting shall be low - wattage, uni-
directional, downward facing, and prevent glare from
occurring on adjacent property outside of the subdivision;
1. Owners wishing to make changes to their homes that the
Zoning Enforcement Officer determines to be minor and
that vary from the final plans identified herein must apply
for and receive a Certificate of Appropriateness from the
Historic District Commission if the changes are subject to
normal Historic District Commission jurisdiction and
permission from the Association is granted; and
m. All driveways shall have a minimum of two (2) off - street
parking spaces on each lot. Four (4) foot minimum
concrete driveway aprons shall be constructed at the
intersection with all paved roadways. Driveways shall be
constructed in a variety of materials consistent with
Historical District Commission approval including shell,
gravel, stone, concrete, asphalt, concrete, brick, and
Belgian block.
20. Deeds to all lots shall include reference to the Association, and
the Association's authority to impose maintenance fees and to
enforce the rules and regulations of the Association.
Programmatic Issues
21. The programmatic requirements regarding distribution of the ten (10) 80%
Area Median Income units and the construction ratio for 80% Area
Median Income units to other units shall be determined solely by the
Subsidizing Agency in accordance with Chapter 40B regulations and
guidelines.
22. The legal documents to be entered into between the Nantucket Housing
Authority and the Applicant in connection with the transfer of the Property
to the Applicant shall include language stating that if the Applicant
decides in the future not to complete the subdivision, the remaining
undeveloped lots shall at that time be re- transferred back to the Nantucket
Housing Authority for nominal consideration and lien free other than
existing liens of record at the time of the sale of the property to the
Applicant by the Nantucket Housing Authority. No lot or other portion of
the property shall be pledged as security or otherwise transferred or
alienated by the Applicant, except that the Applicant may grant a
construction loan mortgage from which funds will only be advanced once
20
there is a valid purchase and sale agreement with a buyer for a lot to allow
construction on such lot to commence provided that the construction
mortgage lender only secures the construction mortgage per advance
against the specific lot in question and agrees to release such lot from the
Applicant's construction mortgage at the time of sale of the lot to the
buyer and the recording of the buyer's mortgage for such lot. Such
construction financing by the Applicant shall not be used for subdivision
infrastructure, but shall only be used as indicated above to allow
construction to commence per lot once a valid purchase and sale
agreement with a buyer is in place. There is no prohibition against such
construction financing being advanced for multiple lots at the same time
provided that there is a valid purchase and sale agreement with a buyer for
each lot for which funds are to be advanced.
23. Subsequent to the end of all applicable appeal periods and prior to
the commencement of construction, the Applicant shall record
this Decision with the Nantucket Registry of Deeds senior to any
other liens on the Property and shall provide the ZBA and the
Building Department, including the Zoning Enforcement Officer,
with a copy of the Decision as recorded.
24. This Comprehensive Permit shall not be transferable without the
prior written approval of the ZBA.
25. Except to the extent modified by the conditions, the Applicant
shall be bound by the submissions contained in the Application
(as revised) and shall be bound by the representations made by
it, or on its behalf, at the public hearings and meetings held to
consider the granting of this permit.
26. The terms, provisions, and conditions of this Decision shall bind,
burden, and benefit the successors and assigns of the Applicant
and run with the land.
27. The Applicant shall provide the following permits and/or
documentation of compliance with the following environmental
programs and or requirements before any site clearing:
a. Sewer Connection Permit; and
b. Massachusetts Endangered Species Act (MESA).
28. The programmatic requirements regarding monitoring of the sale of units
to households earning no more than 80% of Area Median Income and the
monitoring of the limited dividend requirement shall be determined solely
by the Subsidizing Agency.
21
29. The programmatic requirements regarding the execution of a
Regulatory Agreement and the use of affordable housing
restrictions shall be determined solely by the Subsidizing Agency.
30. The Affordable Units and all other units shall be marketed and sold
with preference for Nantucket residents to the fullest extent
legally permissible and subject to approval by the Subsidizing
Agency.
31. Prior to the start of any house construction, the Applicant shall
obtain Final Approval from the Subsidizing Agency and shall
execute a Regulatory Agreement with the Subsidizing Agency
which shall be recorded, at the Nantucket Registry of Deeds,
with a marginal reference to the deed or deeds for the Locus
to the Applicant. No building permits shall issue for the project
prior to Applicant's receipt of the Final Approval from the
Subsidizing Agency. However, subject to approval by the
Subsidizing Agency, site infrastructure can commence prior to
the Final Approval by the Subsidizing Agency and prior to the
recording of the Regulatory Agreement for the project subject
to the receipt of a Commitment Letter for State Funding
acceptable to the Board of Appeals.
32. The Applicant shall contemporaneously provide the ZBA and the
Nantucket Housing Authority with copies of any financial reports
or documentation submitted to the Monitoring Agent and the
Subsidizing Agency including financial reports or documentation
submitted in association with the review of the limited dividend
requirement. Since the land was donated to the Housing Authority,
which in turn is donating it to the project, and since the Town is
donating substantial funding for the project, the Applicant has
voluntarily committed that its maximum Developer's Fee will not
exceed 15% of certified costs as approved by the Monitoring
Agent and that any such certified and audited excess beyond 15%
shall be paid to the Nantucket Housing Authority to use in advance
of the Authority's Mission. The Applicant shall further comply
with the financial provisions as set forth in the Findings Section of
this Amended and Restated Comprehensive Permit Decision and
the Development Agreement.
33. This permit shall not become final and may not be exercised until
all outstanding consultant fees, including those of town counsel,
incurred by the ZBA in relation to its review of this Application
have been paid by the Applicant. Such fees incurred subsequent to
issuance of this permit shall be paid prior to issuance of building
permits.
22
34. Notwithstanding the foregoing, if there are certified and audited
cost savings for the Development, such savings may, with the prior
approval of the Participating Lender, be used for either project
improvements (with a preference to landscaping improvements)
and/or contributions to the Homeowner's Association Capital
Reserves account.
35. Regarding requested fee waivers for Phase 2, the Board of Appeals
hereby:
A. Affirms the vote of the Nantucket Board of Selectmen on
December 21, 2016, granting waivers of the Sewer
Connection Fees ($44,000.00 -- 22 homes to be constructed
by the Applicant x $2,000.00 /Lot) and Building Permit
Fees ($39,600.00); and
B. Grants a partial $72,600.00 waiver from the water
connection fees ($110,000.00 -- 22 homes to be constructed
by the Applicant x $5,000.00 /Lot minus $37,400.00 hard
costs for water infrastructure installation that will be paid
by the Applicant), as the same request has been supported
by the Wannacomet Water Company by Letter dated
January 13, 2017.
[Continued Next Page for Signatures.]
23
It is therefore the Decision of the Board of Appeals to GRANT the Application with the
conditions and requirements herein provided by a five (5) to zero (0) vote.
Dated: January 17, 2017
Edward Toole, Chairman
Mi ael Mara
/Kenm Kose a
usan arthy
J ,, � Mondani
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss f-
On the � day of F6rLt&ry 2017, before me, the undersigned notary public,
lmg one of the above -named
personally appeared K2r � rn �d so a
members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that he
signed the foregoing instrument voluntarily for the purposes therein expressed.
Q/14
otaiy Public:
My Commission Expires: -pj)ar R( 2-D2-0
24
OORIS C. STRANG
n r7 Notary Public
A Massachusetts
1`r • °� Commission Expires Oct 9, 2020
Hn
EXHIBIT A
LIST OF EXCEPTIONS (WAIVER LIST) ATTACHED
25
Project Name: Sachem's Path
Project Number: 10088
Date: April 9, 2012
Revised: June 6, 2012
July 3, 2012
July 16, 2012
Horslelr GVitien Group
REQUESTED WAIVERS
Zoning Bylaw (date)
Required
Provided
Status
Section 139- 8A(3), (4)& (16):
Minimum Lot Size for zone LUG -2 =
Minimum Lot Size
Waiver
Exception for cluster - development;
-- 10,000 sf --
-= -5,274 sf (includes- buffer)
requested -
major residential development
Minimum Lot Frontage = 20'
Minimum Frontage = 26'
special permit; Nantucket Housing
Number of Lots
Number of Lots = 40
Needs Program; secondary
residential lots for year -round
residents.
Section 139 -8A(3) &(3)(a):
Setbacks:
Setbacks:
Waiver
Exception for cluster development;
Front= 15'
Front = Varies 4.9' min.
requested
major residential development
Side /Rear = 10'
Side /Rear = Varies 5.1' min.
special permit; Nantucket Housing
Needs Program; secondary
residential lots for year -round
residents. t
Section 139- 8A(3)(c): Exception for
In any LUG -Zone, a minimum buffer
Front buffer = Varies from 40'
Waiver
cluster development; major
of 50 feet of permanently restricted
to 15' as shown on the plans
requested
residential development special
and undisturbed open land shall be
Side /Rear Buffer = Varies
permit; Nantucket Housing Needs
required between the proposed lot
from 25' to 0' as shown on the
Program; secondary residential lots
line of any cluster lot and the
plans
for year -round residents.
outside boundary of the tract to be
subdivided. However, the Planning
Board may increase, reduce or
waive this requirement.
Section 139 -16A : Except as
See Section 139 -8A above
See Section 139 -8A above
Waiver
expressly provided by § 139 -33 of
requested
this chapter, no structure or building
shall be constructed or used, and no
lot or parcel of land shall be built
upon, improved or used, and no lot
shall be changed in size, shape,
boundaries or frontage, unless in
conformity with the requirements set
forth in the Zoning Table.
Section 139 -16D : Regularity
The regularity factor of any lot shall
Lot regularity factor varies
Waiver
formula.
not be less than 0.55.
and does not meet the
requested
required factor of .55.
Section 139- 20.1B(2)(a):
Driveways shall be designed and
Runoff from driveways are
Waiver
Regulation of Driveway Access 2
constructed so as not to resultinlie
Irected onto the i ighf may
requested
direction of stormwater runoff, and
to allow for treatment and
soil, stones, or other debris, onto or
recharge.
within the intersecting right -of -way.
HAProjects\2010 \10088 HAC- NantucketlBackground and Research \10088 Project Information.As 'I of 6
Project Name: Sachem's Path
Project Number: 10088
Date: April 9, 2012
Revised: June 6, 2012
July 3, 2012
July 16, 2012
I- lor�ley \ \'itlen Csroltl�
REQUESTED WAIVERS
Section 139 -20.1 B(2)(a):
No driveway access shall be located
Nearest driveway point to
Waiver
Regulation of Driveway Access2
closer than 25 feet from the curb
intersection street is 21.4'
requested
line of an intersecting street,
-
measured fro the nearest—p oint int of
- --
the driveway.
Section 139- 20.1B(2)(d):
Any new or modified driveways
Concrete aprons with a depth
Waiver
Regulation of Driveway Access2
intersecting with a paved road shall
of 4' are proposed.
requested
have a cobblestone, Belgium Block,
concrete, brick, or asphalt apron
with a flared width of not less than
15 feet, and a depth behind the
edge of pavement of no less than
10 feet
Section 139 -23: Site Plan Review2
Waiver
requested
Notes:
The Planning Board may, by special permit, as part of its decision for a cluster development, reduce by up to 100%
the allowable side and rear lot line setbacks, provided that the Planning Board finds that such a change will not have
an adverse effect on the neighborhood and will promote the purposes and intent of this section.
2 Waivers. The Planning Board may grant a waiver to any of the requirements of this § 139 -20.1 through the granting
of a special permit, provided that, in addition to finding that the requirements of § 139 -30 have been satisfied, the
Board finds that the granting of the special permit would not have a significant and adverse effect on the scenic or
historic integrity of the neighborhood, and is not contrary to sound traffic and safety considerations.
HAProjects \2010 \10088 HAC- Nantucket \Background and Research\10088 Project Information.xis 2 of 6
Project Name: Sachem's Path
Project Number: 10088
Date: April 9, 2012
Revised: June 6, 2012
July 3, 2012
July 16, 2012
Horsley \Viticn Group
_. . ... .. . ....... tidy
REQUESTED WAIVERS
Subdivision Regulations
Required
Provided
Status
Section 4.03a(1) Street width
(1) A minor subdivision street
20' road width is maintained,
Waiver
-- –
which, in the opinion of-the- Board—
but -road section will-vary from
requested- -
provides access to abutting lots,
Section 5, specifications for
and is not intended for use by
Construction of the Required
through traffic, shall be paved to a
Improvements and as shown
width of not less than twenty (20)
on Plate No. 5 in Appendix A.
feet and shall be designed and
Cape Cod berm will be
constructed in conformance with
provided along both sides of
Section 5, Specifications for
the road where sidewalks are
Construction of the Required
not provided.
Improvements and as shown on
Plate No. 5 in Appendix A.
Section 4.03(e) Minimum Design
Minor Street:
Minor Street:
Waiver
Standards for Streets
Width of Layout: 40'
Width of Layout: 30'
requested
Width of Roadway: 20'
Width of Roadway: 20'
for Width,
Min. Centerline Radius: 200'
Min. Centerline Radius: 80'
Layout and
Max. Centerline Grade: 10%
(inner loop)
Min.
Min. Centerline Grade: 0.5%
Max. Centerline Grade: 5%
Centerline
Min. Curb Radius at Intersection of
Min. Centerline Grade: 0.5%
Radius.
Street: 15'
Min. Curb Radius at
Intersection of Street: 15'
Section 4.09 - Shoulders
Pitched shoulders shall extend 4
4' shoulders will be provided
Waiver
feet immediately outside the treated
where Cape Cod Berms are
requested
surface, and the slopes joining
located, but not where
sideline of right -of -way to natural
concrete curb and sidewalks
grade shall not be steeper than two
are provided. See typical
(2) horizontal to one (1) vertical. The
cross section.
four (4) foot shoulder shall be
spread with four (4) inches of loam,
and seeded with grass seed. The
remaining area disturbed during the
construction program shall be
cleared of rocks, stones, or other
debris and also spread with four (4)
inches of loam, and seeded with
grassed. The plane of the loam on
the strip between the sideline of
right -of -way and the shoulder shall
be two (2) inches above_ the plane -of
_ -
the loam and the seeded shoulder.
(See Appendix A, Plate No. 5 for
typical cross - section)
H:1Prcjects1201M10088 HAC Nantucket\Backgrcund and Research110088 Project InformationAs 3 of 6
Project Name: Sachem's Path
Project Number: 10088
Date: April 9, 2012
Revised: June 6, 2012
July 3, 2012
July 16, 2012
Hoy ley AYALen Grouj)
REQUESTED WAIVERS
Section 4.16(2) - Landscaping
Any combination of planting of new
Per the requirements for zone
Waiver
Planting requirements (LUG -3)
species and preservation of existing
ROH, R1,2,10, RC,RC -2 and
Requested
vegetation which will demonstrate to
LC, the developer is seeking
the satisfaction of-the-Board- that-C1-r
to-place close to one tree Oer
-
future dwellings will be suitably
lot along the street to
screened from roads and from each
enhance neighborhood
other and (2) the entire subdivision,
character and provide shade.
including lot and road siting and
A vegetated buffer will be
landscape plantings, has been
maintained between Surfside
planned with attention to the
Road and the proposed
topography of the site so that the
development and plantings
natural character of the landscape
along the proposed roadways
has been preserved and enhanced.
will be provided as shown on
the plans. The developer is
requesting a waiver from the
screening requirements
between lots.
Section 4.17 Fire Alarm Systems
Fire alarm systems shall be
Fire alarms are not provided.
Waiver
and Emergency Water Supply
required where applicable;
Requested
Systems for Fire Fighting
installation and design shall be
approved by the Chief, or the
Superintendent of Fire Alarms of the
Nantucket Fire Department.
Section 4.18 - Sidewalks
Sidewalks, having a width of not
4' wide concrete sidewalks
Waiver
less than four (4) feet, constructed
are provided at the entry
requested
of either brick or Portland Cement
drive, on one side of the inner
Concrete shall be installed on both
loop road and on one side of
sides of the roadway along each
the road leading to South
way in a subdivision. Sidewalks
Shore Drive emergency
shall be constructed in accordance
access as shown on the
with the latest revision of the Rules
drawings.
and Regulations of the
Massachusetts Architectural Access
Board (521 CMR). Final decision as
to the requirement and type of
sidewalks will be at the Board's
discretion with due consideration
being given to size and number of
lots in the subdivision, population
-
density of the- subdlvts orT,-and -
- --
- --
location of the subdivision in regard
to walking distance to both existing
and future schools, shopping
districts, etc.
HAProjectsM10110088 HAC- Nantucket\Background and Research00088 Project InformationAs 4 of 6
Project Name: Sachem's Path
Project Number: 10088
Date: April 9, 2012
Revised: June 6, 2012
July 3, 2012
July 16, 2012
Norsle)r �Yi[Lett Urollp
REQUESTED WAIVERS
Section 4.19 Bicycle Path
Bicycle paths shall be required.
Due to limited land area an
Waiver
interior bicycle path will not be
Requested
provided within the
- - --
subdivision, but aconnection
-
to the existing path on
Surfside Road will be
provided.
Section 4.22 - Curbs and Berms
All streets shall have bituminous
Cape Cod berms are
Waiver
concrete "Cape Cod Berm ", vertical
proposed in the areas where
Requested
granite, or precast concrete curbing
sidewalks are not provided
at the discretion of the Board and
and a concrete curb will be
shall be placed on both sides of all
provided in areas where
roadways. In the case where
sidewalks are proposed.
granite or precast concrete is used,
the curbing shall extend along the
entire circumference of curves plus
six (6) feet at all intersections from
the point of tangency along the side
of each roadway. The Board may
waive "Cape Cod Berm" in places
where the road's design grade is
less than three (3) percent.
Section 4.24 - Driveway Aprons
Driveway aprons of cobblestone,
Concrete aprons are
Waiver
Belgian block, concrete, brick, or
provided, at a depth of 4'
Requested
asphalt shall be provided for each
minimum into the proposed
lot in the subdivision. Aprons shall
driveways.
extend from the traveled way to two
(2) feet beyond the outer edge of
any on -site sidewalk/bicycle path or
two (2) feet beyond the lot line,
whichever is farther. Turning radii
shall be provided at each apron's
intersection with the traveled way,
and apron width may not be less
than ten (10) feet. The Board may
require that common aprons be
provided for adjoining lots. The
Board may modify these
requirements to meet local
top ographjcal_conditions.
HAProjects\2010 \10088 HAC- Nantucket \Background and Research \10088 Project 1nf0FM3tion.x15 5 of 6
}
i
z
3
\v
Cl)
O
C w
w In
Z
�?
J ❑Q I
w
��a
O o
0 Qw ;
Ow. CL LLW
F Z
v
2
aN�
ul
CO w
¢wI i
O
IL
+I
a
J
? of
Q
O
J N
:.� rG ❑
Y
u. U
<
In U)
U
w
Cl
Fn
. 0
}
J
� Z J
OWE
Q
Q
�
� Q
NZ❑
O U ❑
oow
V
Ja
uw
a �w uj
1 uj
a
p0w
ww
'
O
�o
ww
I
e
1 2
w¢
mC
It
I-
U
uj
tr
U.
J O
Q
y
U w
?
ui
Qw
O
U
ui
m
w U
z
❑
._....
J.
Q Q
Q
❑
Z It
Z
W w
w
❑
z
Q
❑❑
w
p
J
w
Z W
Q
g
�
EL
w a
¢w
O
w w
w
:.
Q
dW
I
l�v
7/
r
w
}
z
3
❑ w
Cl)
O
w a
LU
i m
�?
w
O o
:E LU
F Z
v
ul
w
IL
a
J
? of
Q
O
J N
:.� rG ❑
Y
w
w
<
In U)
U
w
Cl
Fn
. 0
}
J
Q
Q
�
� Q
O U ❑
V
Ja
uw
a �w uj
1 uj
a
ww
'
O
ww
I
1 2
O
I-
U
tr
U.
J O
Q
Qw
O
;❑
w U
LU w
._....
J.
Q Q
❑
Z It
__-
W w
w
❑
N O
❑❑
w
p
J
w
Z W
Q
EL
w a
¢w
O
w w
:.
Q y
dW
l�v
7/
r
EXHIBIT A
Page 7 of Requested Waivers
REQUESTED WAIVERS (Continued)
The Board of Appeals hereby:
A. Affirms the vote of the Nantucket Board of Selectmen on December 21, 2016,
granting waivers of the Sewer Connection Fees ($44,000.00 -- 22 homes to be
constructed by the Applicant x $2,000.00 /Lot) and Building Permit Fees
($39,600.00); and
B. Grants a partial $72,600.00 waiver from the water connection fees ($110,000.00 -
- 22 homes to be constructed by the Applicant x $5,000.00 /Lot minus $37,400.00
hard costs for water infrastructure installation that will be paid by the Applicant),
as the same request has been supported by the Wannacomet Water Company by
Letter dated January 13, 2017.
EXHIBIT B
DEFINITIVE SUBDIVISION PLAN ATTACHED
26
— - -- - -- or -,r aros rs mr N9Id NOISl4IQ9lIS A�TT.TNTT�Q °
mma>•,
— _— SNV7d �A7.GLIiYtl?d � � am�am � a
_ _ _ S.L,L.�Sl1K7YSSViY :[XP.7ll.LNFrN riouvyoaacu o
Luoiuwa -
11-1 Yd PMVHJ YS �xrtvsxv�nvs�oe '�tu`s�.vnosarovrzixnvla f o
QkO
� N d
° O4
4eJ , �g�� S� ;� � ffi3'Oya. (unln m J ➢ml
6 S z � o �~S lrm� .n - axenrl H.!lIOS
��g= ➢��� F d a � lr`q g"
41
wig 1
o
S� '�rz t a un'i IRry °R
^M « ~sue 'n
�W � Cana w � @'r '"• azfzs
HOOPER FARM ROAD r. v % +'•
:q 8 �'C ^o PTV '\! °➢ ��� �:^' yge � �� r� �� RS
.(; ldJOy °� v qq•O 4r \c`O Tea,; as ° g" _`s"
'nom``
ov
M
.`1
~ � � 2 , � ➢ � � �$� r«➢ % °/ ' °r`er o .&iQ ss,a '` "h `Oi`r n y+l €
,j °d' rO�` Po�L�Y] 3.s+FLC2a R.1 W � `��� G� i➢ \ �° 66 .3 2W °
\ ' 5e/ .?,,F 'r'4 >oo ➢z. M.si.RZrzs y �° 1 '' `' °+?' ye �.� +` fl,�m�� I -
3 n0� I1 /' I aro�azz�.'
_.J' - Z,^ s. � : & "e 9111, i
to
!S!yy
� O
�.(n 3 8 d Y o a< s< s Y �s -
i `as C ^ 6W i ¢Syp6�9'b ob �:: R.aRw:.nOa moron. ^$8� "a^ -. y= � � � °" a ._ a3
o'asa "` °� .a emn
�SR °= � e` '' �= `��gss9t9'_c%R�� "__n_mng $ ^.'fir "a�!�ea � i $ -
R tl96 K �csr ➢o / 88 �88R8g ° ° °o8 °a o888888888g8g8° 88 $ Q ® c
3 " � in; �a ' `w i - °`° aRgenN., QRRaaas a��a�' mos -
g � "° °°
fa
EXHIBIT C
INDEX OF DOCUMENTS INCORPORATED BY REFERENCE HEREIN
A: List of Waivers (See Exhibit A)
B: Application Materials, Supplemental Information and Applicant
Correspondence
C: Updated Pro Forma dated April 4, 2012
D: Nantucket Planning Department Memoranda to the ZBA dated November 5,
2011, December 8, 2011, and January 9, 2012
E: Vanasse & Associates, Inc. submitted a Site Access Review dated March
1, 2012
F: Habitat for Humanity Nantucket letter dated January 13, 2012
G: Habitat for Humanity Cape Cod letter dated February 28, 2012
H: Law Office of Singer & Singer, LLC, Supplemental Submissions dated
November 2, 2011, December 1, 2011, January 5, 2012, January 30, 2012,
February 13, 2012, April 12, 2012, April 27, 2012, May 2, 2012, and November
14, 2016
I: Horsley Witten Group, Inc. Site Entrance and Traffic Review Letter dated
January 4, 2012
J: McMahon Transportation Engineers & Planners Traffic Review Letter
dated January 27, 2012
K: Edward L. Pesce letter dated January 5, 2017
L: Habitat for Humanity Nantucket letter dated January 15, 2017
M: Wannacomet Water Company letter dated January 13, 2017
27
EXHIBIT D
PROPOSED OVERHEAD AND FEE DISTRIBUTION
28
EXHIBIT D
Sachem's Path
Proposed Overhead and Fee Distribution
PROPOSED
Overhead 50.0% Paid per Terms Allowed by Public and Private Lenders
Fee 50.0% Fee Earned
Fee is Earned Upon Sale of Each Home. Source of Funds is Sales Proceeds
Earned Fee to be Deposited into Escrow Account on Island
Use of Fee [No More than 25% of Earned Fee during Development Period]
No more than 25% of Earned Fee may be used to pay for Costs associated with the execution of the
development of Sachem's Path
Determination of Appropriate Use
Applicant to submit a written request for release to the ZBA
Request to include the proposed amount and use of the funds
ZBA shall provide a response to the Applicant within 10 business days after the next monthly meeting
of the Board.
Release of Final Fee (Total Fee less Amount Used in the execution of the Development)
Acceptance of 40B Cost Certification for Full Development
Total Fee /Overhead 100.0%
EXHIBIT E
REDUCED COPY OF PLAN ENTITLED
SACHEMS PATH HOUSING - PHASE II
PROPOSED LOGISTICS PLAN
SHEETS C -3, C -5, C -6, LA -1
29
A
ro v SNO /.LIDNOJ ONLLSIX� `
- - JNIJIWd XO.f m 7
QflISSI SAI[ Id NOILI/]XLsv �tl U
SLLfSl1H7dSSVIY :L—VY9 —WrAr ouraodao t o €
s B naa°"'°� "'"'""'. "" °"'s a�nrotstssvon,s,�ox s3isixisss�naxH�ria o
- aul'dna�uaHlM.(als,oH Z .fSYHd H,L 6'd S,IY.fK9l'S
i 0
c- -
j UC
0
d G 0F'o83N0HSHL705
J � i
i-
' a
0
= o
(D CN cL `o 0
E m E 7 = j -
a) S L N
IL a) L a
a)
W N
-C (6 F N6 a) a)
LL
C U ¢ -
tn d c U
R
o U a � a) o m m
C)
rn c 65 o o 3-0 F S� a _
(6 O o a io aai w a� 3
y a $ d
d_I a t6 w °- � w 300 W _
cj ° a' 0 '
E a) Q�
d d J
U) a
0 c i
O 0 u� ns m E c :. v
c) x x x 'x L t a)ow At
(q d w w w w w
pI
� 3
aos
1 =
w
, N ,
,5
4
< W
_ I o
- t I
d7d� ,
W
`ad _
6mp'�nSStl �laM] I' ltll9-X3- B80011S213H10- j3aX-BBOO L \BBWL-SBUyne�Qµa��ryueN-JVH BBDO L \OLOL\R�a�o�dH ha F09lILZJB� oa+�':�d S:l°JJ4' +ate'. %' — =se
NV7d 9AfISVHd
DiVIJlffd
Q7l1SS! - SNT7d N011 JlXLSNO I U
S.L.L9S12KJVSSVH 2-VYJ12.LNVN
_eaa uhdna�'a [M 6alsJOH ' 9SVHd H.LVd S,NgHJVS aontiisrsst onis�on sin Lws'sv�nax��r7a' i o '
. 1
T
� C
d T O O N
C � � %%
m E o
3 0 0 a)
C
N U U U C N
O
m co - . U W o
a U m C C m
m ° m e (D w y '6 iT 0 py c
N Ul L v L Q y O n O�'rQL ?pyp v
Q 1
O U U O O> E N m>
-
_ a U �L
N N OU 2 N '(
Lmm oN I of ca O
_
C iT C �m fn C I >✓ f
u) O TL_ of I V ,Iv N O p l CL
0 I 4 co
O1 3 = c U rn Irn�CO l4 U cL ¢- -
C L Q o > [� C L SIN ,. W . N`
o m N at c aN o of E C>'.,' m co
LU
++ L a � m L m N U cm L I= u) a co ff$ < -
Q) Cl m 2 m na m U) .0 !Z Q. O (6C E J . o
U) N -o T m �° L Y U C tai >. y
10 X a 3 0 0 °i m �` N m c a) o
w v LL � mC4 V N p m
o
t 0 of -OC a m L_ .T. p W y m O o
3N= _E �m o�°o� U) i�coc jo c a n� �
E oN a, a o c m m c to I to wirl 'w m U
ca O " '-
O U 0) U N N J O C Q? a) O I C C C C C w7', r-+ J f
_ a) w o m ° N O Q LL U U N I N d N _ a m
m d= `m o w y o N C tl i U aOi I N N N
i of d N V o at w t� N N O �.
.ti. �: C L v a - d L .? C I C N L--� O f/ J
J aL m o U m° L° c d � •'o I 2 Q'I IIL'... 3 m S 76 a x
U) -0 E o y ° U N o ° to a L) N °- c-0 � --
Qj Qo 000 L$�mmnvo oa o (Dl 2:, :3 `
u) N N L L nN O at m n� ° d Q J QIQ�Q. m (D
d ot�� wt d° m o c c.o c NI (D, Q) m n. co 2
U _ "" "'+-'" -6-6'� -- -
(Q to � L coi o d y 3 ° .t .L j .D co co cC c0 E c) C r
LtLOm� m =� N Q X X X =-- N_ N
(n It . E, o, 3¢¢ m, W W w W 0 OWO ♦- m C
aP
v '
f� w
Pi
i
t
LL
3 \
e
J
v .j
W
It A
I _
6w.PIS- ]H.i -RF00 L \BBmt-s6uvnei0llayPryueN -�VH B800 L \O LOL\a3Pafold \H H9 R99LILZ/B0 PauuP 5.!LJy P . -.se
A v
A-F7d 1,1 OA 6'7 ,YJIS'
fn
--
_
co
0 N
D,lldldd 210.1
°
^� �,3`•'
1.1'dnouJuanMA.1 —H
O. 7SSJ - S' ff7d :VOl,L.7=72/,LS.1 %Od
S.L.L,7S.4H.JC;55'� {�' ;L.1A.711,L.k'Vt1-
0 YSI9d HI V7 .S,/1/WIJ ES . :.K
.�ouraoeao�
3J'��'S�ISSY Dfv75Pl0Y
S?._t UJ__t^ wMK'i
_
-
s - -8
w
..Q
X
W
C �
T
O U
(6 O
a- J
�E a)
N n
9g
3
� � d
.R
N O C
L m CL
r — o ✓ L d
?� O O X
0 0 E m m
a p U O m m
C O ` > U
O U N N y
U C E
L � o m
y
3 L
cc O
O N L m E N
n- 3 E a
o 0
m m O"
000 a
0] C« N O y O
O
N E 0 m N m N
r r N a L a
a
0
3 °
a�N�E U
s i o
`oLQ d o U
N > L N
O d m O m d O
U m E N C
2L.1 m
N L
C o O L L d
.0
o � ma aQ mwa o
N O E N m O N
Z,a OOm
mQo ai N -ad
y
E
La am mul`o m d
> w O e o N a) s
3 °ra o m
Oao �N 3
O m Ul lT U O O Y
T y E
Q O m N m a 0 C
6 € /8 �
BE /
T
U
d
E
W
N
CO
L
n
O
En
0
U O
N =
En
_r_
:t:f N
LL
U
m L
U 0
C C
L
U X
W
m c
1
j U �
r-. L _o
R— n L
0 c /
m, n As
(Q
0
N 0 0 (N
N 0'
C (N6
7 � a O •/� <
C
a cc
C a
0
am, N
U O' -p (0
N 6 O N
y C'i 'D Q 7 S e c
Co °� ° N
o
CD
O
S 0)
a) U) — =_
y w 0
+
CL m
a) of, o— co
W
cu F
CU M
-
Q, N
WU) m m ' Y'
f % /
^\
< X
z
b
C
r
1 =
' lY
I /
�T
��
fn
C �
co
0 N
__
0 c /
m, n As
(Q
0
N 0 0 (N
N 0'
C (N6
7 � a O •/� <
C
a cc
C a
0
am, N
U O' -p (0
N 6 O N
y C'i 'D Q 7 S e c
Co °� ° N
o
CD
O
S 0)
a) U) — =_
y w 0
+
CL m
a) of, o— co
W
cu F
CU M
-
Q, N
WU) m m ' Y'
f % /
^\
< X
z
b
C
r
1 =
' lY
I /
�T
3
�
-
-O
4
LJ
W
5M0'IS-ZHd-RROO 4'9AOOL- s6u
LO7- s?2ic;,{:
O p w- w o s.
AA♦♦ d"'N LI L C i�
W� •U QN EpL
to to = m o a °- cm >, m
L U m � p
-
fQ m c in 0-0 'O
/ R "
w m m _ y a� c
Ul X fV6 .5-0
w m e N�_j (o UnN
� c ay .
-
C ^ O o 0 0� o o N c a)
c
7 maQo�m� c"cC al TO.
O U � o° E m m � N jN (D
I E o '? a s o
rL
co O N iN 3
��L yL3o a�a�m 4lL°
-0
m N o �_ 3 ai L)
d NU Nxc E N m ca w 0+'N
ui 2 N O N W N N D C L
C U.L.. N N N E N @ N C:. `� L
C N ao E = ` r > L Q (6 alp
E g m o o a _
U �n= L�°� =_�o -p0;
(6 L n" m o y m c 'f0' l6. p
U) M IL `m � F- U a Uf) �
77V21JA03dVJSOA -V7
v
dnoE�
'' i'
° °auiM,ca "°
� H
Hod Q3/ISSI-SNY7dIVO1LOYl IYLSN0.7
SLL3SRHJVSSVIN"L337JllLly N
Z3SVHdH-L Vd S,M3HJ VS
31-1111 -
��ouraodao�
3J�YISISSt 7f:1S."IOH
�`,,•"',���,�:
S31tIJOSSt �773MM7t "7H
f
i g
-
- ,
-
su °is "aa
h
a
r�,,
� ♦C+ `fit
i
Ql
U)
w
i
C
N y
E
O
a>—
C
-j
2'3
0 I
'o
Imo',
b
0 0-
—
j -
6Mp �n-)
H, 1- RRML \RRIXII-s6uvne�ONay�ryueN-�VH HHOOI \OIOl��afad \H M9A99,LZB0 Pay
ES E
0
E
oU
Ql =
m
L N N
E
d.
QU
L c
°
y
e
Eo
��a
m
p
-
av
U
.... m
m
C11
C
Y
N N
m E o
u;
U
N CL
h
N O
N
C W NNi`
��
Npp
,�.
O
L L
N o_
o m�
m N o
m
�,
p
S
8
U'l 2 N o cO
N N
H„ -
EL
E
W
d
�
N ON
NO!C
@
LET
d
s VE, X_
° 2 %
O p w- w o s.
AA♦♦ d"'N LI L C i�
W� •U QN EpL
to to = m o a °- cm >, m
L U m � p
-
fQ m c in 0-0 'O
/ R "
w m m _ y a� c
Ul X fV6 .5-0
w m e N�_j (o UnN
� c ay .
-
C ^ O o 0 0� o o N c a)
c
7 maQo�m� c"cC al TO.
O U � o° E m m � N jN (D
I E o '? a s o
rL
co O N iN 3
��L yL3o a�a�m 4lL°
-0
m N o �_ 3 ai L)
d NU Nxc E N m ca w 0+'N
ui 2 N O N W N N D C L
C U.L.. N N N E N @ N C:. `� L
C N ao E = ` r > L Q (6 alp
E g m o o a _
U �n= L�°� =_�o -p0;
(6 L n" m o y m c 'f0' l6. p
U) M IL `m � F- U a Uf) �
h
}.
r�,,
� ♦C+ `fit
i
i
\
-j
W
6Mp �n-)
H, 1- RRML \RRIXII-s6uvne�ONay�ryueN-�VH HHOOI \OIOl��afad \H M9A99,LZB0 Pay
9'.11U2' —:p—se