TOWN OF DUCK
TOWN COUNCIL
REGULAR MID MONTH MEETING
March 19, 2008
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 1:00 p.m. on Wednesday, March 19, 2008.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; and Councilor Bart Smith.
COUNCIL MEMBERS ABSENT: Councilor Dave Wessel.
OTHERS PRESENT: Town Manager Christopher J. Layton; Town Attorney Ben Gallop; Director of Community Development Andy Garman; and Town Clerk Lori Kopec.
ABSENT: Town Attorney Donald I. McRee, Jr.
Mayor Morrison called the meeting to order at 1:02 p.m.
PUBLIC HEARING/DISCUSSION/CONSIDERATION OF CUP 08-001, A CONDITIONAL USE PERMIT AMENDMENT TO CUP 07-005, SUBMITTED BY WINE DUCKS, LLC, TO REOPEN THE FORMER SWAN COVE RESTAURANT LOCATED AT 1174 DUCK ROAD AS A RESTAURANT AND DAY SPA
Mayor Morrison turned the meeting over to Town Attorney Ben Gallop.
Town Attorney Ben Gallop was recognized to speak. Town Attorney Gallop stated that the Council would be sitting as a quasi-judicial body for the public hearing, meaning that they will sit as a court and must make its decision based upon competent material and substantive evidence that will be presented during the course of the hearing. He stated that anyone wishing to give testimony would have to give it while under oath with the applicant afforded due process rights including the right to present evidence, examine and cross-examine witnesses. He asked that anyone wishing to testify come forward to be sworn in.
Town Clerk Lori Kopec proceeded to swear in the applicant and staff for the public hearing. Town Attorney Gallop opened the evidentiary portion of the hearing. He stated that Director of Community Development Andy Garman would present an analysis.
Director of Community Development Andy Garman was recognized to speak. Director Garman stated that the public hearing was a Conditional Use Permit amendment. He stated that the project was originally approved by Council on November 7, 2007. He stated that the project was approximately three (3) weeks from completion. He stated that through the construction process, it was realized that there were things that needed to be changed, which required the Conditional Use amendment process. He stated that the original permit allowed the applicant specific architectural features such as a galvanized metal roof, as well as some signage that would be put up in the lot across the street from the restaurant. He noted that additional lighting was proposed at the site. He went on to review the building architecture, signage and lighting with Council and the audience.
Town Attorney Gallop asked if anyone had any questions for Director Garman.
Mayor Pro Tempore Thibodeau asked if the gooseneck lighting would be run along the deck. Director Garman stated that the decks in front of the building would have the lights mounted to posts with gooseneck fixtures that would overhang the deck area. Lynette Sumner was recognized to speak. Ms Sumner stated that the fixtures would attach on the eastern side and would be down lit onto the deck.
Mayor Pro Tempore Thibodeau asked if the sign that would hang on the building would be down lit. Director Garman stated it would.
Lynette Sumner gave a short overview of the reasons for the amendment with Council and the audience.
Mayor Pro Tempore Thibodeau clarified that the free-standing sign would be back lit. Lynette Sumner stated it would be lit on either side with gooseneck lighting. Director Garman added that the applicant would have a back lit reader board sign under their free-standing sign.
Director Garman noted that the Planning Board had unanimously recommended approval of the Conditional Use Permit amendment.
Town Attorney Gallop asked if there were other questions. There being none, he closed the evidentiary portion of the hearing and turned the meeting over to Mayor Morrison.
Mayor Morrison opened the floor to Council for discussion.
Councilor Caviness stated she did not have any concerns. She stated that it seemed completely clear. Mayor Pro Tempore Thibodeau agreed. She thought the building would be a wonderful asset to the Town.
Mayor Morrison stated he really liked the signs. Councilor Caviness agreed.
Councilor Smith moved to approve CUP 08-001 with the findings and conditions as presented.
Motion carried 4-0.
Mayor Morrison moved to adjourn the meeting.
Motion carried 4-0. The time was 1:24 p.m.
& nbsp; ______________________
/s/ Lori A. Kopec, Town Clerk
Approved: April 2, 2008
_______________________________
/s/ Neil Morrison, Mayor