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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: ƒ May 17, 2010 Please contact staff prior to the meeting with any comments or questions. ANR: ƒ #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. ƒ #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. ƒ #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: ƒ 79 Squam Road, Timothy Quinlisk (Map 13 Parcel 7) Please see the report issued by Venessa Moore and included in your packet. Public Hearings: ƒ #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: 2 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. ƒ #10-10 Brotherhood of Thieves Modification (MCD), 23 Broad Street, action deadline July 21, 2010, CONTINUED TO July 19, 2010 ƒ #7273 Hither Creek Boatyard, Inc. (AR), 20 North Cambridge Street, action deadline September 8, 2010, CONTINUED TO July 19, 2010 ƒ #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; 3 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: ƒ 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. ƒ 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 4 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. ƒ 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.