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HomeMy WebLinkAboutPlanning Board Staff Report - May 11, 2011_201402051007451754 STAFF REPORT Date: May 2, 2011 To: Planning Board From: Leslie Snell, AICP Senior Planner (comments in red) John Brescher, ZBA Administrator (comments in blue) Re: May 9 Agenda Minutes:  March 7, 2011  March 14, 2011 Special Meeting  March 31, 2011 Please contact staff prior to the meeting with any comments, questions, or corrections. Public Hearings:  #7273 Hither Creek Boatyard, Inc. (AR-2 lots), 20 North Cambridge Street, action deadline 05-30-2011, CONTINUED TO 06-13-11 The applicant will withdraw this application once the appeal period has ended on the approved subdivision for this site, provided that no appeals are filed.  #7337 Chris and Tracy Canty, 50 Cato Lane, action deadline 06-22-2011 The Planning Board last discussed this application at the March 14 meeting and continued the application pending the outcome of Article 74 at the Annual Town Meeting. That Article was approved and this site was added to the sewer district. With the addition of this property to the sewer district, the potential density is much greater than it would have been with septic systems. Although this site was added to the sewer district, there is no public sewer line available for a connection. A private sewer line was installed within the Cato Lane roadway layout to provide service to an abutting subdivision, Skiff Lane. The developer of that subdivision received a variance from the Sanitary Sewer Policy in 2001 to keep the sewer line private. The owners of the proposed subdivision will need to obtain permission from the owner of the sewer line to connect before service can be provided to the proposed lots. The applicant stated at the last meeting that they were considering allowing an abutting property owner to access the proposed roadway in order to divide their lot using this new roadway for frontage. The Planning Board Meeting for Monday, May 9, 2011 2 roadway, Keequin Circle, is proposed to be fourteen (14) feet in width with a shell surface. The total number of lots that will be serviced by this roadway is five (5) - four (4) lots within the subdivision and one (1) abutting lot. The Board should verify with the applicant how many lots will potentially use the roadway and whether or not all lots will be permitted to have secondary dwellings or duplexes. Staff recommends that the roadway width be increased to sixteen (16) or eighteen (18) feet depending on the potential number of dwellings. If the Board is inclined to approve this subdivision, staff recommends that the Board vote to sign a decision in the office.  #7342 Peter Glazer-PKG Design Build, LLC, 3 & 3A Pilgrim Road, action deadline 06-29-11 Draft Decision Please review the draft decision included in your packet. Contact staff in advance of the meeting with any questions or concerns.  #7346 Rose Bud Lane Sub. Modification to Holdgate Subdivision, Rose Bud Lane & Forrest Avenue, action deadline 07-26-11 The applicant is requesting a modification to the existing subdivision to modify the layout of Rosebud Lane so that two (2) additional lots can be created at the terminus of the roadway. The applicant represented that if the additional lots are permitted, they will be able to support a future zoning change for the neighborhood. In preparation for the 2011 ATM, the Board discussed a zoning change for this residentially developed subdivision from RC-2 to R-5. The applicant initially indicated support, but was later opposed. If the Board is inclined to grant the modification request, staff recommends that you discuss restrictions against commercial use, which is consistent with the R-5 district. The restrictions can be lifted once the zoning change is completed. Please see the letter dated April 8, 2011 from Dan Mulloy of Site Design Engineering, LLC for more detailed information regarding this proposal.  #07-11 The Nantucket Dreamland Foundation, 17 South Water Street & 18 Easy Street, action deadline 08-07- 11 The Planning Board discussed this matter at the March 31 meeting. Due to confusion among the Board members regarding the required super-majority vote to approve the application, the applicant withdrew their request and submitted a new application to extend the construction deadline past June 15. At the March 31 meeting, the Board heard testimony from the applicant’s representatives and members of the public. All of the public testimony indicated a desire to complete the Dreamland project as quickly as possible to remove heavy construction activity from the area and to draw more customers into downtown. Board members voiced concerns about granting this request and the impact it may have on other projects with the same requirement. The applicant’s representatives stated that the extension will allow them to complete the exterior of the structure and reach a point where interior work can occur during the summer months. This differs from other requests where an extension may allow work to continue for a few more weeks, only to stop for the rest of the summer. The applicant has represented that working on the interior of the structure during the summer will significantly contribute to the completion of the project on schedule. As mentioned in the previous staff report, the Board should consider the merits of this request weighed against the potential impacts of granting a waiver. It has been a longstanding practice of the Planning Board and the Zoning Board of Appeals to apply a construction moratorium during the summer months to projects within the downtown, as well as other projects based on the location and the concerns raised by neighborhood residents or property owners at the public hearing. The purpose of this moratorium is to minimize negative impacts to property owners, residents, tourists, and the seasonal businesses that operate within the very short summer season. However, waiver requests from this policy deserve consideration. This site is highly visible and it would be an improvement to the downtown if the exterior of the structure is completed for the summer season. A brief extension of the June 15 deadline should be considered, however, staff does not support an extension past June 30. It is staff’s opinion that in this particular case, Planning Board Meeting for Monday, May 9, 2011 3 the benefits of having a structure that appears nearly completed on the exterior, with interior work continuing through the summer, outweighs the potential negative impacts of extending construction for a short period of time. We note again that the members of the public in attendance at the last meeting were generally supportive of the extension. Attorney Bill Hunter provided a detailed response to many of the concerns raised at the March 31 meeting. He also included potential findings and conditions for the Board to consider. Please see the letter in your packet dated May 2, 2011.  #08-11 12 Amelia Drive Amendment #3 MCD, 12 Amelia Drive, action deadline 08-07-2011 The Applicant is requesting a modification of the previously amended Special Permit in order to allow for personal services to be one of the allowed uses in Units A and B of the 12 Amelia Drive condominium. Pursuant to a 2009 modification, Units A and B are permitted to be used for “retail or office use – giving prospective tenants the option.” The Applicant is requesting “personal services” to be included as one of these permitted uses for Units A and B. The proposed change does not affect the exterior, or the interior, of the structure as this proposed change is a change in use request. The parking requirement for personal services is the same as for retail and therefore no additional parking is required. For the previous modification, a parking waiver of two (2) spaces was granted by this Board. Staff recommends approving the requested modification.  #09-11 Hen House Amendment #1 (MIPOD), 1 Chin’s Way, action deadline 08-07-2011 The applicant is proposing a modification to a MIPOD special permit to allow the addition of a twenty (20) seat patio on the southwest side of the structure. The applicant is proposing service on the patio from 7:00 AM to 10:30 PM. Although the applicant requested hours of operation on the patio until 10:30 PM, previous special permits issued for this site only allow the restaurant to operate until 9:00 PM. The patio would not be available for seating during late-night food service through the take-out window. Five (5) additional parking spaces are required for the proposed twenty (20) seat patio. Due to the location of the proposed patio, eight (8) of the existing parking spaces that are located entirely on the site will be reconfigured and some will be eliminated. Four (4) parking spaces will remain entirely located on the site as well as a loading zone. Two (2) of those parking spaces are proposed to be dedicated for employee use. Additional employee parking could be located within the loading zone, which is oversized. The applicant also has a lease for four (4) parking spaces within the Chicken Box parking lot from 6:00 AM to 9:00 PM. Based on the previously issued permits, the parking requirement for the current thirty-two (32) seat restaurant operation and the second floor apartment is sixteen (16) spaces. A waiver of five (5) spaces and the allowance of four (4) spaces to be located off-site were previously granted. The current request will require five (5) additional spaces to be waived for the patio seats in addition to three (3) existing spaces being removed from the parking area, and one (1) space being located partially on an abutting property. After the parking reconfiguration and the addition of the patio, a total parking waiver of thirteen (13) spaces is necessary. The applicant may also need minor waivers for aisle width, which was previously approved at twenty (20) feet and is shown on the plan at about eighteen (18) feet. There are few outdoor dining opportunities in the mid-island area and it is the opinion of staff that this would be a positive addition. Part of the purpose of the MIPOD is to promote economic vitality, and this is a struggling year-round business. The informal shared parking in this area seems to function well, particularly in the daytime and early evening hours. If the Board has concerns about the parking waiver, an alternative to granting the permit as proposed would be to grant it for a season and then evaluate the decision again in the fall. This option was exercised by the Board with the Westender outdoor dining application and worked well. Planning Board Meeting for Monday, May 9, 2011 4  #10-11 12 South Pasture Lane Subdivision (AR), 12 South Pasture Lane, action deadline 08-07-2011 The Board discussed a sketch plan for this property several meetings ago. The applicant is proposing a one (1) lot subdivision at the terminus of South Pasture Lane. This site was rezoned from LUG-2 to LUG-1 at the 2010 ATM along with other properties on the street. This is the only lot that does not have enough frontage for an ANR division. The proposed subdivision would extend South Pasture Lane approximately one-hundred (100) feet to provide frontage for the new lot. At the sketch plan discussion, the Board discussed allowing the roadway extension to remain vegetated, as long as the vegetation is cut down so that it could be used for roadway purposes if necessary. Access to the site will be through a new driveway and access to the existing structure through the existing driveway will be discontinued. The Board should also discuss with the applicant any required improvements to South Pasture Lane, such as typical brush cutting that would be required if an ANR or secondary dwelling application were considered.  #11-11 South Valley Industrial Park Amendment MCD, 57 Old South Road, action deadline 08-07-2011 The applicant is seeking a modification of the South Valley Industrial Park MCD decision to allow the conversion of an existing storage/warehouse space behind the building shared by BrazilMart and Nantucket Glass & Mirror to a take-out food establishment. The subject space is approximately 720 square feet and will require five (5) parking spaces. Several modifications to the MCD special permit have been granted for this site and the exact parking calculations have not been addressed in several of the modifications. The applicant’s attorney, through this application, has clarified the parking requirements for all of the uses on this site which include: Old South Diner, Old South Market, BrazilMart, Nantucket Glass & Mirror, and the subject space. All together, the parking requirement for the site is twenty-seven (27) spaces. Only fifteen (15) spaces are located on the site and eight (8) additional spaces are located on an adjacent parcel within the MCD and in common ownership with the subject site. A waiver of five (5) spaces is being requested. The proposed business offers a different type of food than the other take-out establishment on the site, or other take-out establishments on the island. A proposed menu was included in the application for your reference. Staff recommends approval of this application.  #12-11 Tuge Koseatac, 30 North Water Street & 2 Chester Street, action deadline 08-07-2011 Staff recommends that the Board members perform a site visit for this application. The applicant is seeking a driveway access special permit for a second driveway near the intersection of North Water Street, Easton Street, Chester Street, and Cliff Road. The proposed driveway is located off of North Water Street, approximately fifty (50) feet from the intersection. One (1) off-street parking space will be eliminated in order to create two (2) off-street spaces, which will result in a net gain of one (1) on- street space assuming that two (2) cars are presently parking on-street. The Traffic Safety Work Group voted 6-0 to recommend removal of one (1) on-street parking space for the creation of a driveway. In 2001 the Planning Board denied a similar proposal for this site. The decision, which is included in your packet, essentially stated that the Board wanted to continue the public hearing to receive comments from the Traffic Safety Advisory Committee (now the Traffic Safety Work Group) and that the applicant objected to the continuance, so the application was denied. Staff has concerns about how the proposed driveway will affect safety and traffic flow along North Water Street. Limited sight distance due to on-street parking and potential negative impacts to the traffic flow because of the angle of the proposed driveway in relation to the split in the intersection are our primary concerns. If the Board is inclined to approve a second driveway, staff recommends that you discuss with the applicant an alteration in the driveway layout so that ivehicles backing out of the driveway are backing into the flow of traffic, rather than across it. If approved, the Board will need to make the finding that the Planning Board Meeting for Monday, May 9, 2011 5 proposed driveway does not have a significant or adverse effect on the historic or scenic integrity of the neighborhood, and in not contrary to sound traffic and safety considerations. Comments from several abutters are included in your packet. ANR:  #7347 Goodrich Nantucket II, LLC, 34-36 Shawkemo Road (Map 27 Parcel 3) The purpose of this plan is to adjust the lot lines of Parcel A and Parcel B. Staff recommends endorsement.  #7348 Town of Nantucket, Harriet Street & Weweeder Avenue The purpose of this plan is to create one (1) unbuildable lot from an unconstructed portion of Harriet Street and another unbuildable lot from an unconstructed portion of Weweeder Avenue. Both lots will be conveyed to an abutting property owner through the “Yard Sale” program. Authorization for this disposition was approved by Articles 76 and 77 at the 2010 ATM and 98 and 99 at the 2011 ATM. Staff recommends endorsement.  #7349 Town of Nantucket, Miller Lane (between Old South Road & Airport Road), (Map 68) The purpose of this plan is to create four (4) unbuildable lots from an unconstructed portion of Miller Lane. Lot 825 will be added to the layout of Miller Lane as a County Road as authorized by Article 37 of the 2011 ATM. Authorization was approved through Article 110 at the 2011 ATM to dedicate all or a portion of Lots 827 and 828 to open space and recreational purposes or sell, convey, or otherwise dispose of those lots to the Land Bank. Lot 826 will be held by the Town for disposition/dedication as authorization is received. Staff recommends endorsement.  #7350 William T. Jones & Roxane Scurlock, 15 Pochick Street (Map 73.3.1 Parcel 27) This is a perimeter plan. Staff recommends endorsement.  #7351 Dorothy Ann Farrell, Trustee of Farrell Realty Trust, 41 Western Avenue (Map 87 Parcel 93) This is a perimeter plan. Staff recommends endorsement.  #7352 Windy Knoll Realty Trust, Livingston Day Watrous & Alicia L. Watrous, Trustees, 30 Coffin Street (Map 73.4.1 Parcel 24) The purpose of this plan is to divide an existing lot into two (2) buildable lots. Both lots exceed the minimal dimensional standards for the SR-1 district. Coffin Street is a private way that was in existence prior to the creation of the Subdivision Control Law and it meets the minimum requirements for width, grade, and construction. Sankaty Avenue is public. Staff recommends endorsement.  #7353 Tawanda R. Eger, 31 Quidnet Road (Map 21 Parcel 27.1) The purpose of this plan is to create an unbuildable parcel (Lot 5) to be merged with the abutting property to the east (Lot 2 owned by Tina McGoldrick Trust). The remaining portion of the parcel (Lot 4) will still meet the dimensional standards for the R-20 district. Staff recommends endorsement.  #7354 Town of Nantucket, Holly Street The purpose of this plan is to create unbuildable lots from unconstructed portions of Holly Street. Lots will be conveyed to abutting property owners through the “Yard Sale” program. Authorization for this disposition was approved by Articles 98 and 99 at the 2011 ATM. Staff recommends endorsement. Second Dwellings:  12 ½ Sherburne Turnpike  209 Polpis Road, Tracey & Nick Grace (Map 26 Parcel 32.2) Please see the reports in your packet issued by John Brescher. Previous Plans: Planning Board Meeting for Monday, May 9, 2011 6  #06-11 Arrowhead Archeology, endorse plans Staff recommends endorsement of the plans. All final engineering issues have been addressed.  #15-09 Harbor Terrace, extension request Please see the letter from Attorney Bill Hunter dated May 2, 2011. Staff recommends approval of the extension to November 17, 2011.  #7133 Gingy Lane Subdivision, Form J All required infrastructure improvements are nearly complete. Staff recommends approval of the Form J for Lots 5, 6, 9, and 10. After the release of these lots, six (6) lots will remain subject to the covenant.  #7321 White Whale Lane Subdivision, legal documents & endorse plans Staff recommends endorsement of the plans. All final engineering issues have been addressed.  #7322 Phil & Anna Dickey Subdivision, endorse plans Staff recommends endorsement of the plans. Engineering review was not required for this project. Preliminary Plan:  Eel Point Road, 135, 137 & 145 Eel Point Road The applicant is proposing a three (3) buildable lot subdivision with access from Eel Point Road. The site is in the vicinity of the entrance to the Land Bank property known as “40th Pole”. The Planning Board previously approved a four (4) lot subdivision for a portion of the land shown on this plan. The length of the proposed roadway is approximately one hundred and ninety (190) feet. The proposed traveled surface is fourteen (14) feet. The Board should discuss with the applicant any roadway improvements that may be required for Eel Point Road. Dan Mulloy will be at the meeting to present the plans and answer questions from the Board.  Island Lumber, 1 Polpis Road, CONTINUED TO 06-13-11 Sketch Plans:  Richard O. Feodoroff, Ticcoma Way, (4 lots) The proposed sketch plan is for a four (4) lot subdivision off of Ticcoma Way. The property is in the R-20 zoning district. It is located within the Public Wellhead Recharge District and outside of the Town Sewer District. Each of the lots is proposed to be serviced by municipal water and an on-site septic system, which will limit each lot to one (1) bedroom for each 10,000 square feet of lot area. A forty (40) foot wide roadway layout with a shelled surface of fourteen (14) feet in width is proposed to provide access to the lots. Since the density of the site is extremely limited by the number of bedrooms, staff is of the opinion that the proposed roadway is adequate, however, if the site were added to the Town Sewer District and additional development were proposed, that the Board should re-evaluate the width and construction of the roadway. Other Business:  Election of Officers