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Home My WebLink About2008-08-16 ADVISORY COMMITTEE OF NONVOTING TAXPAYERS Minutes of meeting 10:00 A.M., SATURDAY, August 16,2008, in the 2 Fairgrounds Road Conference Room. g 1. Present: Howard Blitman, David Brown, Roger Ernst, LucasFischer,~ill Sherman, together with guests Planning Director Andrew Vorce, Lesl~ Snell, Senior Planner, and Planning Board Chair Barry Rector (who is_ also a member of the NP&EDC). -~ 2. Chair Howard Blitman called the meeting to order at 10: 10 a.m. Thej minutes of the 8/2/08 meeting were conditionally approved. 3. After acknowledging our guests, Howard asked about status of Master Plan preparations. Andrew Vorce recalled the Town's 1990 Goals and Objectives, intended to have a 20-year horizon, followed by the Comprehensive Community Plan [of November 2000, ratified by non- binding resolution at the 1/8/01 Special Town Meeting - despite strong BaS hostility] In preparations since 2005 for adoption of an MGL c. 41 Sec. 81 d Master Plan, the Planning Board has put forward zoning articles for Town Meeting adoption. The creation of the Town and Country Overlay Districts was such a step. Direct neighborhood support has been sought to achieve favorable votes, given the State requirement of a two- thirds majority to enact zoning amendments. (Nantucket was late among MA municipalities in adopting a zoning code in 1972, sweetening the package by provisions such as allowance of secondary dwellings.) Andrew will be presenting a Master Plan draft to the Planning Board in September [the 22d] to be followed by a 60-day public review period. The Planning Commission (NP&EDC) will review the Plan for compliance with State policies. Assuming timely approval of the Master Plan by the Planning Board and Planning Commission, a vote on its adoption is expected at the 2009 Annual Town Meeting next April. Andrew spoke of the [2001] Town Meeting vote on the Comprehensive Community Plan as "meaningless" [that is, the vote wasn't binding, thus not meaningful. Andrew is reported in the 8/21/08 I&M as saying the Master Plan will incorporate as much of the Comprehensive Community Plan as possible]. Answering a concern of Jay Strauss, Andrew said that Massachusetts does not penalize a municipality for not adopting a Master Plan, nor have the courts. However, the State is considering legislation to put teeth into its Master Plan requirement [much like RI]. 4. In contrast to 1990 when open space was a key planning concern, Andrew said that housing is now the top concern. Based upon the 2000 US census figure of 4,040 dwellings, about 3% of dwellings are now considered affordable, i.e., ~120. To be affordable under State law, affordability must be assured by a restriction enforceable in perpetuity. To qualify as a homeowner, income must be less than a figure determined from 80% of the median island income. About 8% of island land is now vacant according to records of the Town Assessor. [A large potential for new secondary dwellings adds to the reckoning of future development. ] 5. Howard questioned why MA and federal grants are not sought to fund affordable housing construction. Andrew answered that a housing planner ( coordinator) is sought to go after funding and to get measurable results. Barry Rector added that a housing planner could help the island meet concerns about 40B developments and tap Community Preservation Committee funds for housing. If the island gains at least 20 new affordable units a year, the Town can reject proposals for 40B developments. 40B units at market prices in the South Shore area are some $70,000 out of reach. 6. Builders need incentives to create housing for Nantucketers with up to 150% of median island income. Low cost [low quality] market accommodations do not meet the need, especially when the real estate market climbs again. Opportunities are sometimes lost by neighborhood [NIMBY] opposition, e.g., on Orange Street recently. Sensitivity to neighborhood concerns is needed, said Howard, adding that the current downturn may provide opportunities. 7. Barry commented that the Town has land suitable for affordable housing, e.g., at the Miacomet Road site for the Town's social services center. The Town could have further sites by utilizing paper streets. Swaps and 'yard sales' of Town land could yield more tracts in locations suitable for affordable housing. Andrew added that ACNVT support is welcomed. 8. To a question of Howard' s about lax code enforcement, Barry said laxity could not be ascribed to Planning Board concern with litigation costs incurred following strict enforcement. When Board decisions set well defined restrictions, enforcement is easier. Effective enforcement also requires that complaints be well supported by evidence. Neighbors are often reluctant to step forward lest offense be given. In any event, negative determinations by the Zoning Enforcement Officer can be appealed to the Zoning Board. 9. The Planning Board has been responsive to neighborhood calls for zoning changes. Andrew added that zoning helps a neighborhood achieve agreed goals. [Development of island area plans by 'Sconset, Tom Nevers, Madaket, Surfside and Mid-Island support that assertion.] The Surfside plan can be ready for adoption at the 2009 ATM. Bill Sherman commented that no area plan seems forthcoming for the downtown area. Andrew responded that this fall's study of downtown by the New Urban Institute sponsored by the ReMain Foundation holds promise. 10.Responding to Howard's question about limiting secondary dwellings, Andrew recalled articles submitted to Town Meeting, about one per year, unsuccessfully seeking a variety of restrictions. A 2004 questionnaire indicated moderate public support for restricting secondary dwellings. Bill Sherman recalled the ACNVT proposal sent last fall to the BaS asking that the use of secondary dwellings in the Country Overlay District to the purposes stated in the Zoning Code. No response has come to the ACNVT. Andrew acknowledged that the BaS had referred the proposal to the Planning Board. With Howard's reminder that summer residents pay over 800/0 of the residential tax levy, Andrew observed that voters determine solutions. The zoning code provisions setting out the purposes of secondary dwellings were first enacted in the late '90s. Use restrictions are harder to enforce than dimensional zoning restrictions. Comes this fall, the Zoning Board staff will report to the Planning Director - not to the ZBA. 11.Howard thanked our guests for their presentations and welcome responses as they left shortly after 10 a.m. 12.Roger Ernst spoke of his conversation with Nantucket's Legislative Liaison Tim Madden and suggested inviting Tim to join us in a future meeting. Roger noted that he will be leaving the island on 9/18 - and Lucas added that his departure is slated for 9/12. 13.After setting September 6 (not Saturday, 8/30) as the date of our next meeting, the present meeting was adjourned. Respectfully submitted, Bill Sherman, Secretary Agenda items carried over to other summer 2008 ACNVT meetings: . Summer Resident Forum for August, 2009, etc.? . Code enforcement . Zoning for secondary dwellings . Zoning to curb clearing all native vegetation from a development site . Auto limitation, is it on the agenda of the Downtown Revitalization Committee? New Urban Institute (ReMain)? . Meeting with NHA and NHO representatives about on-island housing . Position on legislation to extend the guest house room occupancy tax to vacation home rentals, or other alternative Town revenue sources . Developing ACNVT web site