HomeMy WebLinkAboutPlanning Board Staff Report - April 22, 2010_201402051007100658
STAFF REPORT
Date: April 14, 2010
To: Planning Board
From: Leslie Woodson Snell, AICP
Re: April 22, 2010 Agenda
Minutes:
March 25, 2010
April 5, 2010 (Special Meeting)
April 6, 2010 (Continuation of April 5 Special Meeting)
Please contact staff prior to the meeting with any comments or questions.
ANR:
#7272 Gregory A. & Catherine A. Crockett, 7 Huckleberry Lane (Map 32 Parcel 60)
This is a perimeter plan. The applicant obtained an unbuildable parcel through the Town “Yard
Sales Program” and the purpose of this plan is to merge it with their existing parcel. Staff
recommends endorsement.
Second Dwelling:
28 Young’s Way, 28 Young’s Way Nominee Trust, (Map 68 Parcel 790)
Please see the report issued by Venessa Moore and included in your packet.
Previous Plans:
#7263 Reed Pond Subdivision, endorse plans
The final plans have been reviewed by Ed Pesce, please see the e-mail from Ed Pesce to Leslie
Snell dated March 29, 2010. Staff recommends endorsement of the final plans as submitted.
#10-08 Carter Mitchell MCD
A letter from the applicant dated April 12, 2010 is included in your packet. The applicant is
seeking to obtain a Certificate of Occupancy for the main structure. At this time, the applicant is
proposing to complete the main structure and install all landscaping and parking improvements as
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shown on the approved site plan. Although the Planning Board approved a phasing plan for
construction of the structures, the decision did not address a phasing plan for the installation of
any other site improvements. The applicant is requesting to install a portion of the approved
drainage plan, as shown in yellow highlight on the plan in your packet. Staff and Ed Pesce have
reviewed the proposed phasing for the drainage structures and recommend approval as proposed.
In addition, a Certificate of Water Quality Compliance from the Wannacomet Water Company is
in the process of being issued. Staff notes that all conditions in the decision pertaining to Phase I
have been met, including the donation to the Nobadeer Farm Road pedestrian improvement fund.
#6960 Finback, clarification
On November 30, 2009 the Planning Board voted 5-0 to extend the deadline for the installation
of all infrastructure improvements. Since that time, the question has been raised as to whether the
Planning Board made the determination that the special permit was still valid. It is the opinion of
staff that a determination that the special permit was still valid was inherent in voting to extend
the deadline. The applicant is requesting that you re-affirm the vote taken in November and sign
the document included in your packet so that a record of the vote and the extension can be
recorded at the Registry of Deeds. Staff recommends approval.
#1819 Helens Drive, endorse Form J
A Form J for Lot 15 is included in your packet. Please see the letter included in your packet from
Julie Fitzgerald dated April 8, 2010. Staff recommends endorsement.
Release of Engineering Escrow Accounts:
Staff has been in the process of reviewing all Planning Board escrow accounts. In most cases, at the end of a
project the applicant requests a refund for any remaining funds. However, we discovered many accounts
with a positive balance, despite the project being completed. Listed below are accounts that staff has
identified as being inactive and associated with projects that have been completed or withdrawn. We are
requesting that the Board vote to release the funds in the account. In all cases, we have located the original
applicant or their attorney and will be issuing checks to the appropriate party. Staff will be presenting more
accounts to the Board at a future meeting.
#02-08 Nantucket Sporting Club
The Nantucket Sporting Club MCD application was withdrawn. Staff recommends that the Board
release the remaining escrow funds totaling $2,844.64.
#3252 Herbert Greenberg
This subdivision was active in the 1980’s and all work has been completed. Staff recommends that
the Board release the remaining escrow funds totaling $1,084.76.
#6257 Juniper Hill
The infrastructure improvements for this subdivision have been completed and all requirements of
the Planning Board decision have been met. Staff recommends that the Board release the
remaining escrow funds totaling $133.63.
#6672 Wampanoag Way
The infrastructure improvements for this subdivision have been completed and all requirements of
the Planning Board decision have been met. Staff recommends that the Board release the
remaining escrow funds totaling $882.00.
#6815 Eli Place
The infrastructure improvements for this subdivision have been completed and all requirements of
the Planning Board decision have been met. Staff recommends that the Board release the
remaining escrow funds totaling $1,744.00.
Release of Performance Security Accounts:
Staff has been in the process of reviewing Finance Department records for performance security accounts
established in connection with Planning Board projects. In most cases, when the project for which the
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performance security was posted is completed, the applicant requests a refund for any remaining funds.
However, we discovered many accounts with a positive balance, despite the project being completed. Listed
below are accounts that staff has identified as being inactive and associated with projects that have been
completed or withdrawn. We are requesting that the Board vote to release the funds in the account. In all
cases, we have located the original applicant or their attorney and will be issuing checks to the appropriate
party. Staff will be presenting more accounts to the Board at a future meeting.
#02-00 Nantucket Ice
The applicant established a performance security account in the amount of $69,800.00 to secure the
completion of Backus Lane ($20,000.00) and miscellaneous on-site infrastructure improvements,
including landscaping and completion of the parking area ($49,800.00). In October of 2002 the
applicant requested that $49,800.00 be released and the Board voted to release only $13,800.00.
Since that time, all required on and off site improvements have been completed. Staff recommends
that the Board release the remaining performance security funds totaling $63,368.43. This amount
represents the remainder of the deposits plus interest.
#2954 Hawks Circle
The applicant established a performance security in the amount of $10,000.00 to secure the
completion of sewer infrastructure improvements. The work was completed and the subdivision is
now included in the Sconset Sewer District. Staff recommends that the Board release the remaining
performance security funds totaling $12,549.22. This amount represents the initial deposit plus
interest.
#3252 Herbert Greenberg
The applicant established a performance security in the amount of $139,900.00 to secure the
completion of improvements to North Swift Rock Road (between Eel Point Road and Tristram’s
Avenue). The Board previously voted to release a portion of the funds, leaving a balance of
$18,897.62 in 1995. Since that time, no additional funds have been released and all improvements
have been completed. However, the road has deteriorated around two (2) catch basins and is in need
of repair. Staff requests that the Board authorize staff to utilize a portion of the remaining funds to
have the road repaired and then release the balance of the performance security funds. The current
balance of the performance security account is $20,963.66, which represents the remainder of the
original deposit plus interest.
#6158 Ernestina Way
The applicant established a performance security in the amount of $10,000.00 to secure the
completion of sidewalk improvements within the Ernestina Way Subdivision (Essex Road). The
sidewalk improvements have been completed and no further issues with the sidewalks have occurred.
Staff recommends that the Board release the remaining performance security funds totaling
$11,715.71. This amount represents the remainder of the deposit plus interest.
#6257 Juniper Hill
The applicant established a performance security in the amount of $1,000.00 to secure revisions to
the subdivision documents to reference a drainage easement on Lot 8. This easement was executed
and the documents were modified and recorded. Staff recommends that the Board release the
remaining performance security funds totaling $1,163.20. This amount represents the remainder of
the deposit plus interest.
#6842 West Chester Street Improvements
The applicant established a performance security account in the amount of $290,000.00 to pay for
improvements to West Chester Street as required in the Planning Board decision for the Westmoor
Farms Subdivision. All infrastructure improvements have been completed and approved by
consulting engineer for the Planning Board and all requirements in the Order of Conditions issued by
the Conservation Commission have been met. Staff recommends that the Board release the
remaining performance security funds totaling $8,074.67. This amount represents the remainder of
the deposit plus interest.
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Public Hearings:
#09-10 Nantucket Ice Modification (MCD), 26 First Way, action deadline June 16, 2010
The applicant is requesting a modification of the Nantucket Ice MCD approved in 2000, as
amended. Specifically, the applicant is requesting the following modifications:
1. The elimination of the requirement to supply one (1) employee housing unit.
2. To allow the site to be divided into three (3) lots as follows:
a. Lot 1 – 181,197 square feet. Will contain the ice rink, parking area, and other
components required for the operation of the facility.
b. Lot 2 – 11,305 square feet. Will contain the existing dwelling unit.
c. Lot 3 – 11,453 square feet. Will remain vacant.
The applicant has represented that the proposed site division will not effect the overall operation
of the site or the requirements of the MCD including open space, ground cover, and compliance
with the approved site plan. The applicant has also represented that the proposed division will
enable the Nantucket Ice to potentially sell the two (2) smaller lots to generate income, which
could be used to off-set outstanding debt. It is the opinion of staff that the proposed site division
will not impact the operation or functionality of the site and will not compromise the intent or
findings in the decision as amended.
The Planning Board has always considered the requirement for employee housing on a case-by-
case basis. The applicant will be present at the public hearing to discuss their reasons for
requesting the employee housing waiver. At that time the Board should make a determination as
to whether the waiver is warranted.
#10-10 Brotherhood of Thieves Modification (MCD), 23 Broad Street, action deadline June 6, 2010
The applicant is requesting a modification of the Brotherhood of Thieves MCD approved in 2003,
as amended. Specifically, the applicant is requesting to eliminate the requirement that all
employees be issued NRTA passes annually.
The requirement for the provision of NRTA passes is an important consideration when parking
requirements are waived. The parking requirement for this site is thirty-nine (39) spaces, only two
(2) of which are provided. The Planning Board generally requires that NRTA passes be issued to
all employees when parking requirements cannot be met, particularly in the downtown area. In
this instance, in addition to not being able to provide parking for the employees travelling to the
site, no parking is provided for the eight (8) employees housed on the site.
Staff notes that this establishment has not met the requirement to purchase NRTA passes, despite
receiving letters from the Planning Office reminding them of their obligation pursuant to their
MCD special permit. Many other businesses have agreed to purchase NRTA passes for their
employees in exchange for parking waivers and have met their obligations. Staff notes that after
the 2009 summer season, several applicants who did not purchase NRTA passes on schedule
purchased them after the season to remain compliant with their permit. This applicant has not
made that effort and is currently in violation of their special permit. Staff recommends against the
requested modification and is concerned that it would set a very unfortunate precedent for other
applications. This waiver would be unfair to all those businesses who have complied with the
requirement despite the obvious financial hardship that all businesses are currently experiencing.
#11-10 Peter & Annette Hurd (Harbor Overlay District), 7 Easy Street, action deadline June 21, 2010
The applicant is requesting a special permit for a bakery. The site is located in the Residential
Commercial (RC) zoning district and the Harbor Overlay District (HOD). The site currently has
no on-site parking or loading and special permits were previously granted to waive those
requirements for the previous use of the site as
The proposed bakery will serve products prepared on the site, as well as bakery products from
other local businesses. The applicant is proposing to have sixteen (16) seats and the proposed
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hours of operation are from 9:00 AM to 9:00 PM. Nine (9) peak shift employees are proposed.
The use of the site as a bakery is consistent with other uses in the downtown area and is unlike
other uses in the immediate vicinity.
If the Board is inclined to approve this application, staff recommends the following conditions:
1. That the products prepared and/or sold on the site shall be limited to bakery products and
other ancillary products generally associated with a bakery;
2. That the applicant will install appropriate equipment to minimize odors emanating from
premises;
3. That the hours of operation shall be limited to 9:00 AM to 9:00 PM;
4. That the total peak shift employees shall be limited to a maximum of nine (9);
5. That the total number of seats shall be limited to a maximum of sixteen (16), not more than
eight (8) of which shall be exterior seating permitted on the deck only. A maximum of one (1)
exterior bench shall be permitted in the landscaped area in the front of the structure along
Easy Street;
6. That a minimum of two (2) exterior garbage receptacles shall be located on the site;
7. That the applicant shall issue, free of charge, Nantucket Regional Transit Authority (NRTA)
passes annually to each employee. NRTA passes shall be purchased no later than June 15 of
each year. This requirement is a mitigation measure based on the waiver of all on-site parking
spaces;
8. That the site shall be maintained in accordance with the landscape plan entitled “(the applicant
is working on a landscape plan to present at the meeting)”;
9. That all garbage for the bakery shall be kept indoors. No exterior dumpters or garbage
receptacles shall be permitted, except for two (2) garbage receptacles for customer use as
noted in Condition 5 above;
10. That there shall be no exterior storage of equipment;
11. That no customer access to the structure shall be permitted from Old North Wharf. All
customer access shall be limited to the “main entrance” or the “exit deck” as shown on the
plan entitled Equipment and Furniture Plan” dated March 2010;
12. That ZBA special permit #060-96 shall remain in effect, except as follows:
a. The dwelling unit on the first floor has been eliminated;
b. The approved commercial use for the site, pursuant to this special permit, is a bakery;
c. The maximum number of employees permitted on this site has been increased to
nine (9);
d. The total number of parking spaces waived has increased from six (6) to eight (8);
Other Business:
MGL 41-81I - Town of Nantucket and Nantucket Islands Land Bank, Trap House Road and Industrial
Park Road (Map 78 Parcel 4), Adoption of Reports
Please see the DRAFT letters dated April 14, 2010 included in your packet. One letter contains
recommendations on the layout and construction of Trap House Road and Industrial Road. The
other letter addresses the discontinuance of South Road. At the last Planning Board meeting, the
Board requested that staff draft a letter to the County Commissioners requesting that in the event
South Road is discontinued, that the County Commissioners work with any affected property
owners to ensure that access to their site is not adversely impacted. If you have any comments on
either of these letters, please contact staff prior to the meeting if possible.
Conflict of Interest Seminars, see flyer in packet
Please see the flyer from Erika Mooney included in your packet. Please let staff (Jeri) know which
session you will be attending.
Open Meeting Law Seminars, see flyer in packet
Please see the flyer from Erika Mooney included in your packet. Please let staff (Jeri) know which
session you will be attending.