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HomeMy WebLinkAboutPlanning Board Staff Report - May 17, 2010_201402051007453629 STAFF REPORT Date: May 11, 2010 To: Planning Board From: Leslie Woodson Snell, AICP Re: May 17, 2010 Agenda Minutes: ƒ April 22, 2010 Please contact staff prior to the meeting with any comments or questions. ANR: ƒ #7274 Seawing Nominee Trust, 17 Low Beach Road (Map 74 Parcel 45) The purpose of this plan is to divide one (1) existing lot into three (3) buildable lots. All lots obtain frontage from Low Beach Road, which is public at this location. The lots meet the minimum frontage and area requirements for the SR-20 district. Staff recommends endorsement. ƒ #7275 Town of Nantucket, 34 Nobadeer Avenue, (Map 88 Parcel 2) The purpose of this plan is to divide one (1) existing lot into two (2) lots for conveyance purposes. Lot A will be conveyed to the existing lot to the north and Lot B will be conveyed to the existing lot to the east. Staff recommends endorsement. ƒ #7276 Peter B. Henry and Deborah H. Henry, 27 West Sankaty Road (Map73.4 Parcel 27.1) This is a perimeter plan of an existing lot. Staff recommends endorsement. Second Dwelling: ƒ 6 Clifford Street (Map 79 Parcel 20), Surfside Nantucket Partners LP Please see the report issued by Venessa Moore and included in your packet. Previous Plans: ƒ #7256 David M. & Linda M. Charnes, 12 Thurston’s Way, Legal documents & Plans The applicant has submitted legal documents and final plans for endorsement. Due to the scale of this subdivision, review by Pesce Engineering was not required. Staff has reviewed the plans and the legal documents and recommends endorsement. Planning Board Agenda for Monday, May 17, 2010 2 ƒ #06-01 Rantucket Realty Trust – 8 Thirty Acres Lane, Multi-Family Use Restrictions This special permit was approved in 2001, however, the multi-family use restriction was never recorded. Staff has reviewed the proposed restriction and recommends endorsement. ƒ #01-99 and #09-02 White Elephant Resort, Minor modification Please see the letter from Vaughn, Dale, Hunter, Stetina and Beaudette dated May 10, 2010. In 1999 the Planning Board granted an MCD for 54 guest rooms. A minor modification (no public hearing required) in 2002 allowed two (2) of the rooms to be combined into one (1) larger room. The applicant is now requesting to allow the one (1) room to be split into two (2), as originally approved. It is the opinion of staff that the proposal is consistent with the original decision and the intent and findings within that decision. Staff recommends approval of the modification with the finding that a public hearing is not required. Release of Performance Security Accounts: ƒ #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, however, there are minor repairs that should take place before the Planning Board releases the total balance of funds. On Thursday, May 6, staff met with Steve McDonough on the site. The items that need to be repaired are as follows: cape cod berms within the parking area, split rail fence, and the driveway located off of First Way needs to be formalized or eliminated, in which case the cape cod berm should be restored. Steve McDonough will be attending the May 17 meeting to discuss these items with the Board. Staff requests that the Board authorize staff to utilize a portion of the remaining funds to complete the repairs and then release the balance of the performance security funds. The current balance of the performance security account is $63,368.43, which represents the original deposit plus interest. ƒ #6158 Ernestina Way – Continued, date to be determined Staff needs additional time to perform a site inspection and to determine what, if any, improvements need to be completed. ƒ #6842 West Chester Street Improvements, Continued, date to be determined At the last meeting, potential issues regarding the performance of the drainage system were discussed. Since that time, staff has received correspondence from two (2) property owners and Ed Pesce has preformed another inspection. Although both staff and Ed Pesce believe that the drainage system in functioning as designed, we are working to address their concerns. No action is required at this time. Public Hearings: ƒ #10-10 Nantucket Ice Modification (MCD), 26 First Way, action deadline June 16, 2010, Continued to June 21, 2010 ƒ #11-10 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. The applicant is seeking a modification of Condition #15, which states that all employees shall 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 Planning Board Agenda for Monday, May 17, 2010 3 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 any requested modification to Condition #15 and is concerned that it would set a very unfortunate precedent for past and future 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. ƒ #13-10 Westender Modification #7 (MCD), 326 Madaket Road The applicant is requesting to modify Condition #17 of the August 2008 permit, which states the following: This permit shall be granted specifically to the owner/applicant named above (Anderson Grennan Trustee of the Anderson Grennan Nominee Trust) and shall not automatically transfer to successors in title of the property. Prior to the sale of the business or premises, the new owner/operator shall apply for a modification to transfer this special permit at which time the Planning Board may review all conditions herein. Staff does not support the elimination of this condition because the special permit issued by the Board is for a preexisting nonconforming restaurant and market use in a residential district. When changes in ownership occur, it is reasonable for the Board to review the existing permit with the new owner to clarify existing requirements. We also do not support the applicant’s request that the permit only be extended to Hither Creek LLC because the ownership of this site is complex since the lot, the market, and the restaurant could all be in separate ownership. Any change in Condition #17 should reflect that possibility. In addition, the current language is confusing because the intent seems to have been for the Planning Board to review the permit before the sale of the property, however, there is also a reference to a change in operator, which could very practically occur without a change in ownership and could occur for the market or the restaurant independently of the other. Staff recommends the following substitution for Condition #17: This permit shall be granted specifically to the owner of the lot (Anderson Grennan Trustee of the Anderson Grennan Nominee Trust). Based on the preexisting nonconforming status of the commercial use of this lot, any change in ownership of the lot shall require a public hearing with the Planning Board to review the conditions within the decision(s). ƒ #7273 Hither Creek Boatyard, Inc. (AR), 20 North Cambridge Street The applicant submitted a two (2) buildable lot subdivision plan for a site located off of North Cambridge Street. A preliminary plan was approved by the Board on October 15, 2009 to freeze the RC zoning district and the Harbor Overlay District (HOD). The preliminary plan was submitted and filed with the Town Clerk prior to the passage of Warrant Article 18 at the 2009 Special Town Meeting, which rezoned this site from RC to VTEC. Included in your packet is an engineering review letter from Pesce Engineering dated May 11, 2010. Both lots shown on the plan could be divided into a significant number of additional lots in conformance with the RC or VTEC intensity regulations. Although this application was submitted as a freeze plan, the Planning Board should consider the plan as if it will be implemented. Planning Board Agenda for Monday, May 17, 2010 4 Appropriate conditions should be discussed and included in the decision. ƒ #12-10 124 Old South Road Modification #4 (MCD), 124 Old South Road The applicant is requesting to amend the existing permit to allow outdoor seating on a vacant abutting lot (Map 68 Parcel 969). The seating will consist of picnic tables to be used by patrons of The Dancing Pickle. Both lots are located within the 124 Old South Road MCD and the vacant lot was previously approved for a mixed use structure. It is the opinion of staff that the proposed picnic tables will not generate more parking than the site can accommodate and the vacant status of three (3) lots within the MCD provides surplus parking. Staff recommends approval with the following conditions: 1. That the exterior seating shall be limited to a maximum of six (6) tables (approximately six (6) seats per table). 2. That the exterior seating shall be limited to Map 68 Parcel 969 only. 3. That a minimum of two (2) exterior garbage receptacles shall be provided on Map 68 Parcel 969. 4. That due to the close proximity of the Old South Road bike path, a minimum of one (1) bike rack shall be provided on Map 68 Parcel 969. ƒ #14-10 Nantucket Dreamland Foundation Modification #6 (MCD), 17 South Water Street & 18 Easy Street The applicant is seeking a modification of the special permit to allow the installation of a tent to be used for multiple purposes and to allow the use of the site for fundraisers, farmers markets, festivals, and the like on week-ends from June through October 31, 2010. A similar modification was granted last year and staff recommends approval of the modification with the same conditions. See the previous decision and a letter from Vaughn, Dale, Hunter, Stetina and Beaudette dated April 5, 2010, both of which are included in your packet. Staff notes that the activities on the site last summer seemed to be a positive addition to the downtown and a beneficial use of the site during the construction prohibition period. Staff recommends approval of the proposed modifications with a draft decision to be signed in the office. ƒ #15-10 Mark P. Williams & Tammy Lynne Williams Modification #2 (MCD), 86 Somerset Road The applicants are requesting a modification of the MCD to: remove the storage lease area along the southern boundary of the site, divide the site into two (2) buildable lots, partially remove an existing commercial structure, remove the existing storage tent, construct a new storage building, and construct a new driveway. To the extent necessary, the applicant is seeking waivers from Zoning Bylaw Sections 139-19 (driveways) and 139-20.1 (driveway access). A detailed letter describing the proposed changes from Site Design Engineering, LLC dated April 20, 2010 is included in your packet. This MCD is very low in intensity and the proposed modifications are consistent with the previous approval. Staff recommends approval of the proposed modifications with a decision to be signed in the office. ƒ #16-10 Nantucket Marine Inc. Modification (MCD), 14 Sun Island Road The intent of this modification is to allow retail boat sales on the site. The applicant has represented that the boats for sale will be stored in the existing approved storage racks or other approved locations, therefore no addition storage space is necessary. The applicant has also represented that the appearance and function of the site will not change as a result of this modification. At the time this MDC was originally granted, “Maritime Service Station” was an allowed, but relatively undefined use in the RC-2 district. At that time, “Maritime Service Station” only included the retail sale of fuel, lubricants and accessories, and minor services related thereto. The applicant received a special permit pursuant to Zoning Bylaw section 139-9B(2)(g) (which no Planning Board Agenda for Monday, May 17, 2010 5 longer exists) for “garages for storage, repair, washing, painting or other servicing of motor vehicles”. In 2008, a new definition for “Maritime Service Station” was added to the Bylaw which states “a marine establishment which may include, but not be limited to, boat fuel sales, boat rental, boat construction, boat maintenance, repair, and incidental painting, and marine equipment sales or rental. “Marine Service Establishment” is a use allowed by-right in the CI district and including this allowed use in the decision would remove the special permit use (mentioned in the above paragraph) previously granted and would allow the retail sale of boats on the site. Staff recommends approval of the proposed modification with a decision to be signed in the office. ƒ #17-10 Harbor Terrace MRD (MRD), 12 & 14 East Creek Road The Planning Board previously denied this application, which has been remanded to the Planning Board for reconsideration of a substantially modified and revised plan. Pursuant to Chapter 40A, Section 16 of the Massachusetts General Laws, the Planning Board must make the determination that the revised application contains specific and material changes to the plan upon which the previous decision was based. The Board should first determine if the revised plans meet the required criteria before holding a lengthy discussion and public hearing. A vote in favor of the required determination does not equate to a vote in favor of the application. The following changes have been made to the plans: 1. The driveway access from Harbor Terrace through to East Creek Road has been removed. The revised plans indicate one driveway from East Creek Road that will service Lots 2, 3, and 4. Lot 1 will continue to be accessed from Harbor Terrace. 2. Lots 3 and 4 have been reconfigured so that they are generally perpendicular to the creeks. 3. The landscaping plan has been revised to reduce formal landscaping and to increase indigenous plantings. 4. Minor changes to grading and utility connections. Staff has received written comments from the Conservation Commission and the Wannacomet Water Company, both of which are included in your packet. The Nantucket Fire Department verbally confirmed with staff that they are satisfied with the revised plans. Other than the HDC, staff does not anticipate receiving comments from any other departments. Other Business: ƒ FYI MGL 41-81I - Town of Nantucket and Nantucket Islands Land Bank, Trap House Road and Industrial Park Road (Map 78 Parcel 4)], Road name change to Shadbush Road and Industry Road The County Commissioner’s voted to change the road names on the plan endorsed by the Planning Board pursuant to M.G.L. Chapter 41 Section 81I. Industrial Road was changed to Industry Road and Trap House Road was changed to Shadbush Road. No further action is required by the Planning Board. ƒ Discussion regarding resident survey for ROH and SOH districts. (Topics: Ground Cover and Swimming pools.) Staff has prepared a DRAFT survey to be mailed to all property owners within the ROH and SOH districts. The survey includes questions about ground cover and swimming pools. The intent of this survey is to determine the need for revised intensity regulations and swimming pool standards/allowances for these districts. In addition to the survey, staff will be preparing a comprehensive analysis of each property included in these districts. Planning Board Agenda for Monday, May 17, 2010 6 ƒ 2011 National APA Conference - Mobile Workshop Proposal The 2011 American Planning Association (APA) National Conference is being held in Boston. Each year the national conference attracts approximately 5,000 planners from across the country. Staff and the Chairman have discussed the possibility of proposing a mobile workshop tour to Nantucket. Preliminary information we have received is included in your packet – see the e-mail from Alena Frey dated May 5, 2010. A mobile workshop from Boston to Nantucket would require a significant amount of staff time to compile a detailed proposal/application and to implement. The final submission requirements are expected to be released in June with the applications due in July. Staff needs to know NOW if the Board is interested in submitting a proposal to APA. We will need to get started on the material to be presented and the logistics of travel (including costs) from Boston to Nantucket and back for a large group. ƒ 2010 NRTA Pass Requirement Courtesy Letter Included in your packet is a courtesy letter drafted by staff reminding applicants of their obligation to provide NRTA passes to their employees, if it is a condition of their special permit approval. Last year we sent out a similar letter, but it did not explicitly provide a deadline for purchasing passes. Staff requests that you vote to have staff send the letter as drafted and to follow through with enforcement through the Zoning Enforcement Officer if individual applicants do not comply with the requirement agreed to and noted in their approvals.