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HomeMy WebLinkAboutPlanning Board Staff Report - July 11, 2011_201402051007265659 STAFF REPORT Date: July 8, 2011 To: Planning Board From: Leslie Snell, AICP Senior Planner Re: July 11 Agenda Minutes:  June 13, 2011 Please contact staff prior to the meeting with any comments, questions, or corrections. Public Hearings:  #13-111 Mid-Island Square, 51 Sparks Avenue action deadline 09-11-11 The applicant has been working with staff, Pesce Engineering, and TetraTech Rizzo to address the concerns discussed by the Board at the last meeting. New materials have been submitted for your review including the following:  Report from Pesce Engineering and Associates dated July 7, 2011;  Report from Bohler Engineering dated July 1, 2011;  Report from Lloyd Brystol (Transportation Consultant for the applicant) dated July 6, 2011. This report includes some general information from a supermarket operations consultant;  Draft report and e-mail from TetraTech Rizzo dated June 28, 2011 and July 1, 2011; The report from Ed Pesce indicates that most of his previous comments have been addressed. All outstanding items are generally technical in nature and staff anticipates that the applicant will favorably address those issues prior to the next meeting. Mike Hall from TetraTech Rizzo will be attending the meeting to discuss their peer review of the traffic and parking analysis with the Board. Although revised plans were submitted, the only changes were technical and did not affect the general site plan. If Board members want to review those plans they are available in the office. To assist in framing any outstanding issues, staff will be working on a draft decision for discussion at the August meeting.  #15-11 Middle C, LLC (Nantucket Island Resorts), action deadline 10-09-11 At the April ZBA meeting, an application to remove the lodging use of the site and to alter and expand the existing structure to accomodate an educational use was denied by a 3-1 vote of the ZBA. The applicant has submitted a revised application reducing the gross floor area, ground cover, height, occupancy, and programming activities and eliminating the rehearsal hall and recital hall included in the original 2 application. A letter from Julie A. Fitzgerald dated June 14, 2011 detailing the changes to the application is included in your packet. Unless four (4) of the five (5) members of the Planning Board and ZBA make a finding that the application contains specific and material changes in the conditions upon which the previous unfavorable action was based, the applicant will not be able to move forward to discuss the merits of the revised special permit application with the ZBA. Please note that the Planning Board is not considering the merits of this application as part of the public hearing. The Board may forward a recommendation on the merits through discussion under “Other Business”. It is the opinion of staff that the application is significantly less intense than the original application and we recommend that the Board make required finding mentioned above. ANR:  #7364 Town of Nantucket, Tristram Avenue; Alliance Lane; and Proprietor’s Road (Maps 31 & 32) The purpose of this plan is to create unbuildable lots from unconstructed portions of Tristram Avenue and an unnamed Proprietors Road. The parcels will be merged with abutting properties. The acquisition and disposition of these lots was authorized through the approval of Articles 117 and 188 at the 2008 ATM. Staff recommends endorsement.  #7365 Town of Nantucket, Laurel Street (Map 80 Parcels 144, 143.2 & 143.1) The purpose of this plan is to create three (3) unbuildable lots from an unconstructed portion of Laurel Street. The acquisition and disposition of these lots was authorized through the approval of Article 96 at the 2009 ATM. Staff recommends endorsement.  #7366 Mark & Tammy Williams, Somerset Road (Map 66 Parcel 404) The purpose of this plan is to adjust the lot line between Lots 1 and 2. Staff recommends endorsement.  #7367 Mary Richrod, 2 Marble Way (Map 66 Parcel 101) The purpose of this plan is to divide an existing lot into two (2) buildable lots. Both lots will meet minimum frontage and area requirements for the RC-2 district and will have frontage on a public way. Staff recommends endorsement. Second Dwellings:  143C & 143D Surfside Road, Habitat for Humanity Nantucket & Nantucket Housing Authority (Map 80 Parcels 101.4 & 101.5) Please see the report in your packet issued by Leslie Snell.  11 North Road, Paul S. Jensen, Trustee of The 11 North Road Realty Trust (Map 43 Parcel 131) Please see the report in your packet issued by John Brescher. Previous Plans:  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. 3 Subdivision Applications  #2919 Reis/Appleton Road Subdivision (Cynthia Lane) 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 $747.66.  #3034 Siasconset Estates This project was abandoned and no construction activity occurred. Staff recommends that the Board release the remaining escrow funds totaling $5888.80  #3271 Brooks Farm 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 $40.00.  #3288 Sankaty View This project was abandoned and the property is now owned by the Sconset Trust. Staff recommends that the Board release the remaining escrow funds totaling $4457.79.  #3391 Blueberry Pasture 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 $1603.04.  #4073 Henry D. Bartlett 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 $2550.00.  #5019 Tetawkimmo Commons 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 $7481.40.  #6208 Hedgebury Lane This project was abandoned and no construction activity occurred. Staff recommends that the Board release the remaining escrow funds totaling $301.11  #6335 Larrabee Subdivision (off Rugged Road) 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 $1380.70.  #6356 Reis/Miacomet Avenue Subdivision 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 $1760.00.  #6447/6590(08-02) Marks/Aurora Way Cluster Subdivision 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 $5.50. In addition, a performance security account with a balance of $10,000.00 plus accrued interest has been held to secure the completion of landscaping in accordance with the approved plan. The landscaping was installed therefore staff recommends that the performance security should also be released at this time  #6566 Pine Lands Drive Subdivision This project was abandoned and no construction activity occurred. Staff recommends that the 4 Board release the remaining escrow funds totaling $2998.00  #6793 329 Madaket Road 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 $362.00.  #7009 Nason Nanco 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 $886.22. Special Permit Applications  #02-94 Nantucket Electric MCD The infrastructure improvements for this MCD 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 $1027.94.  #01-96 The Market This project was abandoned and no construction activity occurred. Staff recommends that the Board release the remaining escrow funds totaling $44.28.  #02-96 Glyn’s Marine The infrastructure improvements for this MCD 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 $604.60.  #01-99 White Elephant MCD The infrastructure improvements for this MCD 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 $517.45.  #02-00 Nantucket Ice MCD The infrastructure improvements for this MCD 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 $3368.05.  #06-03 Great Point Partners MCD This project was abandoned and no construction activity occurred. Staff recommends that the Board release the remaining escrow funds totaling $1518.70  #32-03 Don Allen Ford MCD The infrastructure improvements for this MCD 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 $795.86.  #06-04 Grey Lady Marine MCD The infrastructure improvements for this MCD 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 $1254.81.  #03-07 Wallace and Sylvia Howard MRD This application was withdrawn. Staff recommends that the Board release the remaining escrow funds totaling $550.00.  #09-07 Harbor View Place MCD The infrastructure improvements for this MCD 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 $1677.63. 5  #31-03 Loren Brock The requirements for this driveway access special permit have been met. Staff recommends that the Board release the funds in the performance security account totaling $120.00.  #6470 Marble Way, discussion regarding improvements A letter from Keith Yankow dated July 1, 2011 is included in your packet. He will be attending the meeting for a discussion with the Board. The Board may recall an extensive history on the subject property including an AR subdivision that has since lapsed.  #7355 12 South Pasture Lane Subdivision, endorse plans Staff recommends endorsement.  Point Breeze, Special Permit discussion At the March 31, 2011 meeting the Planning Board voted to send a letter to the new owners of the Point Breeze to express the Board’s concerns regarding the construction inactivity and to request a status update. The letter, which is included in your packet, requested a response by June 30, 2011. Although a response has not been received, staff was informed by the Building Department that some construction activity has been taking place on the site and that representatives from TD Bank met with the Building Commissioner to discuss correcting some compliance issues in order to make the site more attractive to potential purchasers. Staff suggests that the Planning Board schedule a public hearing to discuss this application. Prior to the meeting, we hope to have spoken with Town Counsel to discuss possible actions for the Board to consider. Preliminary Plan:  Island Lumber Holding Corp., 1 Polpis Road (Map 54 Parcel 121), 3 lots 2 buildable lots CONTINUED TO AUGUST 8, 2011. Other Business:  Annual Town Report (FY 2011) A draft report is included in the packet for your review.  Appoint CPC Representative, (currently Barry Rector) The Planning Board needs to vote to appoint a CPC representative.  Request for Enforcement – Pine Knolls The subdivision approval for Pine Knolls expressly prohibited driveway access from Bartlett Road. A driveway access to serve a property at 8 Equator Drive has been established and staff is concerned that other property owners may also begin to establish driveways off of Bartlett Road. We recommend that this matter be referred to the Zoning Enforcement Officer for action. 6  Zoning Board of Appeals  020-11 David P. White, 2 Hussey Street  031-11 D. Erik McKechnie, 6 So. Water Street  032-11 Mary E. Glowacki, Old South Road  033-11 Mary E. Glowacki, Old South Road  038-11 Richard J. Glidden, Trustee, 86 Main Street  039-11 Charles S. Mayhew, Trustee, 6 Daisy Way  040-11 Woburn Kimball, LLC, 1 Kimball Ave  041-11 Middle C, LLC, 56 Centre Street  042-11 Nantucket Yacht Club, 1 South Beach Street  043-11 Nantucket Island Resorts, LLC, 29 and 27 Broad Street  044-11 Ronald and Nancy Lindsay, 8 Tawpoot  045-11 Jennifer Regan, 36 York Street  046-11 Kenneth R. Turgeon, 4 Salros Road Board members may want to comment on ZBA files 032-11 and 033-11. Staff will provide an oral recommendation at the meeting.