TOWN OF DUCK
PLANNING BOARD
REGULAR MEETING
April 15, 2005
The Planning Board for the Town of Duck convened at the Duck Municipal Offices at 2:00 p.m. on Friday, April 15, 2005.
Present were Chairman Ron Forlano, Vice-Chairman Jon Britt, Marilyn March, Anne Darnall and John Jenkins.
Also present were Council Liaison Neil Morrison, Planning Director/Zoning Administrator Suzanne Cotellessa and Administrative Assistant Sandy Cady.
Resident Charlie Pratt was also present for the meeting.
Chairman Forlano moved to adjourn from the March 11, 2005 meeting and called to order the Regular Meeting of the Planning Board for April 15, 2005 at 2:00 p.m.
PUBLIC COMMENTS
None.
OLD BUSINESS
A. Zoning Text Amendment regarding Land Disturbing Activities Standards and Permitting, and Building Height (draft fill regulations)
Planning Director Cotellessa explained that the changes in red have already been discussed and the new changes since the Planning Board’s last meeting were now shown in blue. She noted that Kevin Schwartz representing the Outer Banks Home Builders Association had called and indicated that the Home Builders Association had no further comments on this latest draft and he would not be present for this meeting.
Ms. Cotellessa went on to note the change on page 3, section (a)(4)(b) clarified that if septic and drain field fill is required by the health department, then an additional 12 inches of fill would be permitted for the house. On page 5, she indicated under the Land Disturbance Permit requirements, section (b)(2)(a) that the site survey requirement had been loosened a bit to 9 months rather than 6 months. Under the same category, section (b)(2)(a)(6) she added “inches” following 36. She indicated that other than a numbering change near the end, everything else remained as discussed at the last meeting.
Planning Director Cotellessa stated that if the Planning Board recommends and Town Council approves this draft at its next meeting, then the fill moratorium would be lifted.
Member Jenkins questioned whether some mention of storm water retention should be incorporated into section (a)(2) on page 3.
Planning Director Cotellessa pointed out that section (a)(4) on the following page addresses storm water retention areas. She indicated that she could include a clause in section (a)(2) stating “except as permitted elsewhere herein” which would cover any potential conflict. It was then noted that section (a)(2) on page 3 did reference storm water improvements so an additional clause was not necessary.
Member Jenkins questioned whether they should define the types of fill that may be used.
Planning Director Cotellessa explained that the draft language section (a)(11) states that fill material shall be of substantially similar composition to the soils present on the lot being filled. She further indicated that she could require receipts for fill much the same way receipts are required for pilings.
Vice-Chair Britt commented that he read the minutes and he felt this draft was ready to be sent up.
Chairman Forlano asked for clarification regarding section (a)(3) and the amount of fill and setback requirements. Planning Director Cotellessa explained.
Member Jenkins had some questions regarding bulkheads and 404 requirements.
Planning Director Cotellessa explained that despite the Town’s regulations, other state and federal regulations may also be necessary. There was some additional discussion regarding bulkheading and fill activities, and it was clarified that the bulkhead regulations in this draft are intended to address situations where bulkheading to fill is the intent.
Ms. Cotellessa further indicated that the Board of Zoning Adjustments can give, at any time, a special exception for a bulkhead.
Member March made a motion to recommend approval to Town Council the Zoning Text Amendment regarding Land Disturbing Activities Standards and Permitting, and Building Height.
Member Darnall seconded the motion.
Motion carried 5-0.
NEW BUSINESS
Planning Director Cotellessa explained that she expects to bring to the Planning Board a Conditional Use Permit application under the Village Commercial Development Option for the new surf shop that will be replacing Pop’s Duck Shop – the old Scarborough house. She further explained to the Board that the developer’s original permit application was lacking in several areas and she expects to see additional documentation shortly. There was some discussion regarding the proposed use, construction, architecture, parking, lot size, removal of the asbestos siding, etc. at the old Scarborough house.
Chairman Forlano inquired about the Swan Cove Conditional Use Permit application.
Planning Director Cotellessa explained that she had met with Richard Herron who was taking over Swan Cove from Larry Herron. There was some indication from the Member March that the deal fell through.
Member Darnall inquired about the subdivision they had expected just north of Ships Watch.
Planning Director Cotellessa indicated that she believed that was still being worked out among the family which owns the property.
APPROVAL OF MINUTES
A. March 11, 2005
Member March made a motion to approve the minutes pending one minor typographical change.
Member Darnall seconded the motion.
Minutes for March 11, 2005 were approved 4-0.
OTHER BUSINESS
Jeff Scott was recognized to speak and had a brief question regarding the fill regulations dealing with bulkheading and height and then congratulated the Planning Board on a job well done.
STAFF COMMENTS
Planning Director Cotellessa indicated that she had a couple of zoning text amendments she was going to recommend Council send to the Planning Board. One of the text amendments would have to do with changing the requirements under the parking standards to allow survey submittals performed within the past 9 months rather than 6 months to be consistent with the draft discussed today.
The second zoning text amendment that Ms. Cotellessa wanted to bring forward has to do with directory signage within group developments. Current regulations only allow for one ground mounted sign on a lot. Therefore, the interior directory signs that you may see at the Sanderling or the Waterfront Shoppes or Scarborough Faire are not allowable; she indicated that it makes sense to look at these signs at least in large group developments and she will be asking Council’s permission to do so.
Planning Director Cotellessa advised the Board that the most recent zoning text amendment that they recommended to Council was adopted at the April Town Council meeting and she has already received two (2) applications in conjunction with that zoning text amendment.
Chairman Forlano asked how staff was coming along with signage.
Ms. Cotellessa indicated that staff was doing quite well. She noted that most of the original permits submitted before the expiration of the amnesty have been processed, and enforcement is beginning. She noted some of the locations where enforcement has occurred and a positive outcome has resulted. She explained that there are several businesses that are working with staff on their signage, but ultimately an enforcement campaign will be necessary. On that note, Ms. Cotellessa indicated that she hoping to utilize some interns this summer to help develop an accurate detail of the signs, lighting and buildings in Town. Planning Director Cotellessa also informed the Board that she was hoping to put together a fall symposium for property owners, residential and businesses on dark sky lighting.
Planning Director Cotellessa also advised the Board that the CAMA Land Use Plan was certified by the State on April 8, 2005 which is why their regular scheduled meeting was postponed.
BOARD COMMENTS
Member March stated that the 4th of July Committee was still looking for volunteers if anyone was interested. She also gave a brief overview as to the progress of the Committee thus far.
Chairman Forlano indicated that he had one comment regarding the clause in the Planning Board By-Laws of the Planning Board which addressed attendance. He indicated that the Planning Board is appointed by the Town Council and the By-Laws state that no member should be absent more than 3 consecutive meetings or a total of 6 meetings during a calendar year. It is the responsibility of the Chairman to alert the Council if any member abuses this particular part of the By-Laws. Chairman Forlano wanted to make the Board Members aware of this clause; he indicated that this Board recommended the By-Laws to Council and the Board Members need to uphold their side of the bargain. Mr. Forlano stated that if any member was going to have a problem with this part of the By-Laws in the ensuing 12 months, it should be addressed so that he did not need to request resignations before Council.
ADJOURNMENT
Chairman Forlano moved to adjourn the meeting. The next scheduled meeting is scheduled for May 13, 2005 at 2:00 p.m.
Motion carried 5-0. The time was 2:40 p.m.
Approved: ______________________________________________
/s/ Ron Forlano, Chairman