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HomeMy WebLinkAboutPlanning Board Staff Report - July 14, 2008_201402051007280503 Nantucket Planning Office DATE: July 9, 2008 TO: Planning Board FROM: Tom Broadrick, Land Use Planner RE: Staff Report for the Meeting of Monday, July 14, 2008 I. Call to order – New alternate member Dr. John West will be in attendance. No other absences are anticipated. There will be a Mass Highway presentation on Right of Ways (ROWs) at 6:15 PM then a brief NP&EDC meeting on the TIP at 6:45 PM with the Planning Board meeting following at 7:00 PM. II. Approval of the agenda – any additions/deletions will be made at this point. III. Minutes: ƒ June 23, 2008 – ready for approval. IV. ANR’s: (Reminder that all the ANRs may be approved at once if there are no frontage issues) ƒ #7143 Stephen & Debra Lawrence, 17 Allen’s Lane (Map 55 Parcel 95) – this ANR plan shows a division of a 10,300+ sq ft parcel with two wood frame structures on it. The resulting lots meet the frontage and zoning requirements for the R-1 Zoning District. The two ways upon which frontage is taken were in existence prior to the Subdivision Control Law being accepted on Nantucket (1955) and so under MGL c. 41 Section 81-L the Board must determine that the ways provide "…sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land…". Both ways serve a number of residential dwelling units and therefore staff recommends that the Board find that the ways are sufficient and endorse the plan as Approval under the Subdivision Control Law Not Required. ƒ #7144 Steven L. Cohen as Trustee of Five Arbour Way Realty Trust and also as Trustee of Seven Arbour Way Realty Trust, 5 & 7 Arbour Way (Map 29 Parcels 159 & 160) – This ANR plan is a simple conveyance plan intended to allow compliance with the five (5) foot side yard setback in the LC Zone. Frontage is complied with where a 30% reduction in the required linear dimension is allowed on the turning circle of a dead-end street. This plan may be endorsed as Approval under the Subdivision Control Law Not Required. ƒ #7145 Estate of Anita Dammin by Arthur Reade, 36 Burnell Street (Map 73 Parcel 1) – Black Fish Lane is a recently approved and constructed subdivision roadway off Burnell Street in Siasconset. The front lot was retained by the Dammin Family and is now being divided using frontage off of Burnell Street (a public way) and the newly constructed Black Fish Lane. Parcels A and D take frontage off Black Fish Lane which meets the access requirements for Staff Report for Planning Board Meeting Monday, July 14, 2008 frontage purposes. As construction continues I asked Ed Pesce, Planning Board Engineering Consultant, to review the construction and he agrees that for frontage purposes the roadway is acceptable. Parcels B, C, E & F take frontage off the public way. This plan may be endorsed as Approval under the Subdivision Control Law Not Required. ƒ #7146 Norwood Farm Trust c/o Julius Jensen III, Trustee, 243 Polpis Road (Map 46 Parcel 1) – This ANR plan is a "perimeter plan" and is the result of various filings with the Land Court over the years wherein parcels have been separated out leaving this large 241+ acre parcel known as Norwood Farm. No subdivision of land is shown on this plan. Frontage is off Beechwood Road and Polpis Road, a public way. This plan may be endorsed as Approval under the Subdivision Control Law Not Required. V. Second Dwellings: ƒ 21 Berkley Avenue, Evan & Cynthia Jones (Map 54 Parcel 160) – When the Board approved this second dwelling application four (4) specific conditions were required, the first of which requires that Monomoy Road/Dewolf Avenue be improved to a width of sixteen (16) feet. The abutters do not wish to have Dewolf Avenue improved as evidenced by the letters addressed to the Board requesting re-consideration of condition number 1 of the approval. Since the applicant cannot get an occupancy permit until the improvements are completed, they are asking for removal of that condition. Please see the approval letter and abutter letters. ƒ 3 Norquarta Drive, Nantucket Housing Office/Aaron Marcavitch, Director, (Map 67 Parcel 511) – The Nantucket Housing Office is seeking a second dwelling approval for the parcel at 3 Norquarta Drive. Please see Venessa Moore's report on this request. VI. Previous Plans: ƒ #6850 & 7062 Definitive Plans and Special Permits #10-05 & 22-07 for 39 Nobadeer Farm Road, Duane Jones – re-sign Land Court approved plans. The plans were previously endorsed but the Land Court makes changes that it determines are necessary in order to get the land "registered" and so occasionally revised plans need to be signed again. That is the case here. Staff recommends you re-endorse the plans. ƒ #6-86 Nantucket Commons, U.S. REIF Marine Nantucket Fee, LLC/Marianne Hanley – In order to allow for a transfer of the subject property, the Planning Board must consent to the proposed sale but there are inclusionary housing issues that need to be clarified and consented to before the sale can take place. Attorney Marianne Hanley has asked for discussion and action on this issue and so please see her memorandum, specifically paragraph 5 found on page 2 which starts out "Currently, the four units ….". Maintaining inclusionary housing units will provide for "affordable" units but the Board should consider whether this provision has indeed been met and should continue or whether no actual enforcement of such conditions was ever made and what the consequences of that inaction mean. VII. Public Hearings: ƒ #7084 WB Nantucket Holdings, 3 Arrowhead Drive, action deadline 07-30-08 – It is staff's understanding that the applicant is moving forward with completing all plans so that action may be taken at the July 28 meeting. Therefore a continuation to July 28 would be in order. Your consulting engineer Ed Pesce confirms that Weller & Associates are working on the plans and Gary Winn has confirmed that. No representatives will be present and so there is no need to consider addressing the public hearing Staff recommends continuing this public hearing to July 28, 2008. ƒ #7133 Philip Minella, 72 North Liberty Street, action deadline 08-10-08 – The applicant's attorney indicates that he is working with the abutters and that agreement may come soon on the density issue which seems to be of great concern to the abutting neighborhood. No agreement to date has been reached but Staff does know that negotiations are on going. Since this is an 2 Staff Report for Planning Board Meeting Monday, July 14, 2008 open public hearing and there may be abutters present the Board should hear new information from the applicant's attorney/engineers and take public testimony. This is a standard subdivision and so the regular five member Board sits with a simple majority vote is necessary to take any action. ƒ #39-08 NHA Properties, Inc., 2 Clarendon Street, action deadline 10-12-08 – This is an application for a second driveway access for the Nantucket Housing Authority's parcel at the intersection of Clarendon Street/Tom Nevers Road/Berkeley Street. The existing dwelling is served by an existing driveway off Clarendon Street. The proposed second dwelling already approved is now proposed to take its access off Berkeley Street. Staff recommends the standard driveway access requirements be imposed. This application is a new public hearing and therefore the Board must open the public hearing, listen to the applicant's presentation, solicit input from the public, and if so inclined vote to approve, approve with conditions, or deny. ƒ #40-08 Hither Creek Boatyard, Inc., 20 North Cambridge Street, action deadline 10-12-08 - Hither Creek Boatyard, Inc., d/b/a Madaket Marine seeks a modification to MCD Special Permit #1-86 to re-configure and expand its in-water docking facilities and expand its rack storage. While eight (8) waivers to the Zoning By-law are requested, the revised Master Plan (28 page document) for the boatyard proposes more efficient and environmentally friendly in- water marina docking facilities and re-arrangement and expansion of the storage areas. Details are explained in the Master Plan document and illustrated in a set of plans consisting of eleven (11) sheets by Nantucket Surveyors, Daniel Natchez & Associates, and Epsilon Associates, Inc. Your consulting engineer Ed Pesce has been provided with the application materials and is currently reviewing the Stormwater Report along with the Master Plan and drawings. This is a new public hearing and therefore the Board must open the public hearing, listen to the applicant's presentation, solicit input from the public, and if so inclined vote to approve, approve with conditions or deny. Staff recommends delaying final action on this application until Pesce Engineering completes its review. VIII. Other Business: ƒ Road Taking MGL 41-81 I (Town of Nantucket) 1. Old South Road-portion of Lot B-2 to become Miller Lane – Board needs to make recommendation to the Board of Selectmen/County Commissioners regarding laying out Miller Lane. 2. Shelburne Turnpike Alteration Plan – The Board simply needs to endorse this plan as the transfer of the land has been approved. ƒ Planning Board appointments to Streets and Sidewalks Advisory Committee & the Downtown Revitalization Committee – The Board needs to appoint representatives to each of the above named committees. IX. Public Comments: X. Adjournment: 3