HomeMy WebLinkAboutPlanning Board Staff Report - June 21, 2010_201402051007321909
STAFF REPORT
Date: June 18, 2010
To: Planning Board
From: Leslie Woodson Snell, AICP
Re: June 21, 2010 Agenda
Minutes:
May 17, 2010
Please contact staff prior to the meeting with any comments or questions.
ANR:
#7278 Cachalot Land Company, LLC, 5 & 9 Ticcoma Way (Map 67 Parcels 159 & 781)
The purpose of this plan is to adjust the lot lines for two (2) existing lots located at the corner of
Ticcoma Way and Cachalot Lane. Access to these lots is restricted to Cachalot Lane only and
endorsement of this plan is consistent with that restriction and the subdivision decision for
Cachalot Subdivision. Staff recommends endorsement.
#7279 Town of Nantucket, Sheep Pond Road (Map 63 Parcel 58)
The purpose of this plan is to create four (4) unbuildable lots from the existing paper streets to be
taken as part of the public way. At the last meeting, the Planning Board voted to endorse the 41-
81I plan to layout the public way and this plan creates the necessary parcels for that to occur.
Staff recommends endorsement.
#7280 Jason R. Briggs, Low Beach Road (Map 92 Parcel 6)
The purpose of this plan is to create four (4) unbuildable lots shown on the plan as Parcels 6.1,
6.2, 6.3, and 6.4. Staff recommends endorsement.
Second Dwelling:
79 Squam Road, Timothy Quinlisk (Map 13 Parcel 7)
Please see the report issued by Venessa Moore and included in your packet.
Public Hearings:
#09-10 Nantucket Ice Modification (MCD), 26 First Way, action deadline July 21, 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 four (4) lots as follows:
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a. Lot 1 – 166,820 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.
d. Lot 4 – 14,377 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 three (3) 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. Staff has discussed with the applicant the possibility of
donating one (1) of the new lots to the Affordable Housing Trust Fund to be used as an
affordable housing site. This one-time donation is in accordance with the Inclusionary Housing
requirements of Zoning Bylaw section 139-11J, which is included in your packet. It is the opinion
of staff that the donation of an affordable housing site would remove the constant burden of
providing employee housing from the applicant, but would not be contrary to the intent of the
Bylaw. The Town, through the Affordable Housing Trust Fund, will have the ability to develop
the site in the future for affordable housing purposes, which will ensure an increase in affordable
housing supply available to the overall community, not just a select few individuals employed by
Nantucket Ice.
#10-10 Brotherhood of Thieves Modification (MCD), 23 Broad Street, action deadline July 21, 2010,
CONTINUED TO July 19, 2010
#7273 Hither Creek Boatyard, Inc. (AR), 20 North Cambridge Street, action deadline September 8, 2010,
CONTINUED TO July 19, 2010
#18-10 Hooper Farm LLC, 1 Hooper Farm Road, action deadline September 19, 2010
The applicant is in the process of converting an existing dwelling unit located near the intersection
of Hooper Farm Road and Sparks Avenue to a law office. The proposed parking area will be
located to the rear of the structure. The applicant is seeking a MIPOD special permit to reduce the
aisle width within the parking area from twenty-four (24) feet to fifteen (15) feet in width. No
other special permits are required.
It is the opinion of staff that the waiver for a reduction in aisle width is reasonable. The location
of the existing structure in the center of the lot creates constraints regarding the location of the
driveway and parking area. A law office is a relatively low intensity use with a low to moderate
level of vehicular traffic. The applicant is providing an on-site turn-around which will provide
additional space for vehicles to maneuver within the parking area and will prevent the need for
backing into Hooper Farm Road.
Staff recommends approval of the special permit with the following conditions:
1. That in the event the driveway is not paved or finished with a hard surface, an apron shall be
constructed at the driveways intersection with Hooper Farm Road. The apron shall be a
minimum of ten (10) feet in depth from the edge of the pavement and shall be a minimum
width of ten (10) feet, not to exceed fifteen (15) feet, and flared to a maximum width of
nineteen (19) feet. The apron shall be constructed in accordance with Zoning Bylaw section
139-20.1;
2. That the driveway shall be a minimum width of ten (10) feet in width and shall be cleared free
of any vegetation or obstruction to a width of twelve (12) feet;
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3. That any future landscaping at the driveways intersection with Hooper Farm Road shall be low
growing plant material not to exceed three (3) feet in height; and
4. That the applicant shall submit an As-Built prior to the final inspection by staff which shall
take place prior to the issuance of a Certificate of Occupancy for the structure.
Other Business:
Enforcement of Tetawkimmo Cluster Subdivision Special Permit Requirements
The Tetawkimmo Cluster Subdivision was approved by the Planning Board in 1994. As a condition
of the special permit, a fence or hedge was required to be installed/planted along the property line
of any lot that abuts the required open space. Staff has been working with the Nantucket Land
Council (who holds the Conservation Restriction on the open space) and the Homeowners
Association since September of 2009 in an attempt to obtain compliance with this condition.
Several homeowners have not complied and staff recommends that the Board authorize
enforcement. It is the opinion of staff that a generous amount of time has been allocated to this
issue and the homeowners have had more than adequate time to comply. Included in your packet
for your reference is a letter from staff to the Homeowners Association dated September 29, 2009,
a letter from the Nantucket Land Council dated February 18, 2010, and an e-mail to the
Homeowners Association dated June 15, 2010 specifying which property owners are still not in
compliance.
Enforcement of NRTA Pass Requirement
2010 NRTA Pass Reminder
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.
Enforcement for Previous Years
Included in your packet is a list of projects that have NRTA pass requirements as a condition of
their special permit and a spreadsheet provided by Paula Leary, NRTA Administrator, indicating the
sales records for these projects. As you will see, some applicants have complied with purchasing
NRTA passes and others have not, despite phone calls and letters reminding them of their
obligations. Staff recommends that the Board take enforcement action against any project that is
not in compliance with their special permit requirement. Options that the Board should consider
are:
1. For each year NRTA passes were not purchased, require the applicant to contribute to NRTA
an equivalent dollar amount based on each years July payroll.
2. Require the applicant to contribute to a fund established for the purchase of NRTA capital
items such as bike racks, bus stops, benches, etc. The suggested contribution should be
equivalent to the dollar amount of passes not purchased based on each years July payroll.
3. Re-open the public hearing with the option to revoke the special permit for non-compliance;
4. Re-open the public hearing to renegotiate the requirement.
Staff recommends Options 1 and/or 2. In the event the applicant does not respond to those
options, enforcement action can be deferred to the Zoning Enforcement Officer and a public
hearing to discuss Options 3 and 4 can be scheduled.
Staff would like to take this opportunity to discuss why the provision of NRTA passes has
historically been required as a special permit condition. Off site impacts caused by the lack of on
site improvements should be minimized. Mitigation measures, which vary depending on the scale of
the project and the specific waivers being requested, are standard planning practice. If a proposed
project cannot meet necessary requirements such as on site parking, alternative ways to address the
effects of not providing parking may be required. Many aspects of the project are considered
including, but not limited to: intensity of use, scale, location, number of employees, and traffic
generation. The Board may work with the applicant to provide mitigation measures such as: the
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provision of off site parking, a jitney service, off site roadway improvements, off site
pedestrian/bicycle improvements, or the provision of NRTA passes for employees or residents.
The Board first required the provision of NRTA passes as a component of a Traffic Mitigation Plan
for the White Elephant in 1999. Numerous other applicants since that time have also agreed to
purchase NRTA passes as a traffic mitigation component.
We note that planning goals voted by the Town since at least 1983 support alternative means of
transportation and reduction of automobile usage. The provision of NRTA passes goes beyond
tabulating individual employee ridership. It encourages the use of the NRTA system and supports
the operations of it. When NRTA was established, it serviced the downtown and mid-island areas.
Two (2) of the main goals were to reduce downtown traffic congestion and to create downtown
parking opportunities. Shortly after operation began, service was expanded island-wide. NRTA
ridership increased and they have continued to operate island-wide. The downtown is serviced by
all NRTA routes and the mid-island is serviced by twenty-one (21) stops on seven (7) out of nine
(9) routes. In 2003, the NRTA received an award from the Federal Transit Administration for their
partnership with the Planning Board to encourage transit use.
Paula Leary, NRTA Administrator, will be attending the meeting to discuss any questions or
concerns you may have. If you have questions in advance of the meeting, please contact Paula or e-
mail them to staff and we will forward them to her. Mike Burns will also be attending the meeting.
CLURPA
CLURPA, the Comprehensive Land Use Reform and Partnership Act is the latest version of
proposed land use reform in MA formerly known as LUPA and CPA II. Board members had a
preview of this at the BP&EDC meeting, as which time they voted to support the eventual
legislation. The Zoning Board of Appeals has also voted to support the provisions contained in the
legislation. We request that the Board vote to authorize the Chairman to sign a joint or individual
letter of support to be sent to our legislative representatives.