TOWN OF DUCK
PLANNING BOARD
REGULAR MEETING
May 13, 2005
The Planning Board for the Town of Duck convened at the Duck Municipal Offices at 2:00 p.m. on Friday, May 13, 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 called to order the Regular Meeting of the Planning Board for May 13, 2005 at 2:05 p.m.
PUBLIC COMMENTS
None.
OLD BUSINESS
None.
NEW BUSINESS
A. Zoning Text Amendment regarding current survey requirements for building permit and land disturbance submissions (nine months vs. six months)
Planning Director Cotellessa explained to the Board that this zoning text amendment was basically a housekeeping matter relating back to the Board’s recent discussions regarding land disturbing and fill activities. She reminded the Board that they had made the survey requirements nine months in their recent discussions which conflicts with the requirements in another section of the zoning ordinance which requires a survey within six months.
Chairman Forlano asked if staff has a checklist of survey requirements. Ms. Cotellessa indicated that staff has a Residential Site Plan and As-Built Survey Requirement checklist. She further advised that staff has circulated this checklist to the surveyors and it is also given out each time a building permit is issued.
Member Jenkins made a motion to recommend to Town Council the zoning text amendment regarding current survey requirements for building permit and land disturbance submissions.
Vice-Chair Britt seconded the motion.
Motion carried 5-0.
B, Zoning Text Amendment regarding ground-mounted business directory signage for group developments
Planning Director Cotellessa explained to the Board that staff has, through the permitting process, realized that there is a category of signs that were not adequately provided for in the zoning ordinance; they are directory signs in large group developments. She noted that the Board had photographs in their package of the types of signage to which she was referring. This zoning text amendment would allow group developments to have internal directory signs with certain size, location and height limitations.
Ms. Cotellessa noted that Sanderling’s registration and main inn signs are quite large and would exceed the limits specified in this draft; the signs at the Waterfront and Scarborough would meet these limitations. Ms. Cotellessa noted however that she would not consider the ground mounted Scarborough Faire and Thank You signs as directory signs.
Member Darnall indicated that she did not want to create nonconformities in the case of the Sanderling signs, however she agreed that the ground mounted Scarborough Faire and Thank You signs were not directional in nature.
It was clarified that this text amendment would allow for one ground mounted directory sign per two buildings in a development. It was also clarified that the amortization period only applies to signs that were legally permitted and that do not meet code now. If signs were never permitted, and were not legal when they were installed, then there is no amortization period.
Vice-Chair Britt indicated that he too did not want to create something that would make the Sanderling signs nonconforming, however he believed that 30 s.f. was quite big in comparison to everything else aside from the Sanderling complex. Vice-Chair Britt questioned whether they could work around the zoning districts since Sanderling was in a C-1 and C-2 zoning district.
Ms. Cotellessa indicated that they could set limitations based upon acreage.
Member Jenkins suggested distinguishing between shopping centers and hotels/motels.
Ms. Cotellessa discouraged against this language because they had previously used group developments to allow for flexibility. She did suggest that developments with less than x acreage be permitted 20 s.f. signs, and developments with greater than x acreage be permitted 30 s.f. of signage.
Member Darnall agreed that a 30 s.f. directory sign in the VC district would have a major impact.
Vice-Chair Britt indicated that he did not see any other problems with the amendment.
Chairman Forlano wanted to clarify that the signs at Scarborough Faire were not directional signs.
Vice-Chair Britt questioned whether Scarborough Faire’s signs should be considered for identification purposes as did Member Jenkins. Councilor Morrison noted that Scarborough Faire can be accessed from 4 different directions.
Member Jenkins also noted that the signs at Scarborough Faire were not bad and it would be a shame to lose them.
Planning Director Cotellessa explained that some of the signs at Scarborough Faire could be placed on the building or deck and still maintain the same affect.
Vice-Chair Britt and Member Darnall both agreed that the signs could be relocated so the property owner is not without options.
Chairman Forlano asked how the text amendment would read after these changes were made.
Planning Director Cotellessa indicated that she was proposing that no such sign shall exceed 20 s.f. in area on group development projects of less than 2 acres, nor 30 s.f. in area on group development projects of greater than 2 acres, and the rest of the draft would remain the same. It was clarified that there were no height issues, nor did there appear to be any issues with regard to the distance from the road.
Councilor Morrison questioned whether the Waterfront shops were less than 2 acres. Planning Director Cotellessa indicated she would need to check on that, and she can adjust the acreage as necessary. It was agreed to make the limitation at 5 acres with the option to adjust as necessary to accommodate the largest project which is Sanderling.
Vice-Chair Britt made a motion to recommend the Zoning Text Amendment regarding ground-mounted business directory signage for group developments with the changes discussed wherein group developments greater than 5 acres be allowed up to 30 s.f..
Member March seconded the motion.
Motion carried 5-0.
APPROVAL OF MINUTES
A. April 15, 2005
Vice-Chair Britt made a motion to approve the minutes of April 15, 2005.
Member Darnall seconded the motion.
Minutes for April 15, 2005 were approved 5-0.
OTHER BUSINESS
A. Election of Officers for 2005-2006
Planning Director Cotellessa advised the Board the both Chairman Forlano and Vice-Chair Britt were just re-appointed to the Board by Town Council.
Vice-Chair Britt made a motion to nominate Chairman Forlano to continue on as Chairman.
Member March seconded the motion.
Motion carried 5-0.
Member March made a motion to nominate Vice-Chair Britt to continue on as Vice-Chair.
Chairman Forlano seconded the motion.
Motion carried 5-0.
STAFF COMMENTS
Planning Director Cotellessa explained to the Board that she was planning to ask Town Council to direct the Planning Board to discuss the issue of lot coverage again. She indicated that she is looking for guidance on many issues that have come up with her number one motive being consistency. The question she plans to bring forward is whether that is what Council and the Planning Board want. Ms. Cotellessa asked should Noah’s Ark playhouses be included in lot coverage? What kind of gravel is allowable without being included in lot coverage? She indicated that she has done some research on the permeability of products such as fine dust gravel and crush and run. Ms. Cotellessa handed out a matrix of different items and explained that this matrix detailed how she has been treating the specified items in relation to lot coverage. When and where do you draw the line; when do you go from landscaping to lot coverage? These are interpretive issues that are becoming increasingly difficult and Ms. Cotellessa wants the Board to start thinking about them for discussion.
Vice-Chair Britt asked what the main complaint has been from contractors.
Planning Director Cotellessa indicated the main complaints are not from contractors and new construction, but rather from individual home owners. She explained that the zoning ordinance is not explicit on some of the items in the matrix and therefore the matrix details a combination of explicit items from the zoning ordinance as well as items that she has been interpreting, and that she sees as potential issues.
Vice-Chair Britt stated they need to determine what the result of their coverage is intended to address, whether it is density, runoff or aesthetics.
Planning Director Cotellessa noted that Duck is liberal with lot coverage. Many other jurisdictions count decks, and gravel against lot coverage, and that is a lot easier to deal with.
Vice-Chair Britt questioned whether Council would be giving the Board some direction.
Planning Director Cotellessa indicated she was going to take this to Council as an issue, and they will most likely have the Board do the ground work and bring it back to them.
Chairman Forlano questioned the purpose of lot coverage; was it to control runoff, size, number of bedrooms, aesthetics? And Planning Director Cotellessa offered open area as a purpose of lot coverage.
Ms. Cotellessa indicated that lot coverage limitations are intended to protect a combination of issues.
Resident Charlie Pratt was recognized to speak and indicated that he was concerned with the small lots and large houses that are now using peat septic systems and how that impacts lot coverage.
It was noted that peat systems are now included in lot coverage, including peat repair systems that back up a conventional system.
Member March stated that a lot of what people do not realize is that most of what is being enforced now was already in place, but simply was not enforced.
Chairman Forlano suggested the Board begin looking at these issues. He further indicated that one of the reasons that this is coming about is because the Board needs to spell out everything in the ordinances so that staff does not need to interpret, and several ordinances may need to be revisited in the process. This will make staff’s job much easier.
Planning Director Cotellessa reminded the Board that the Zoning Ordinance is a living document and should change.
Vice-Chair Britt indicated that it would help him to know what their intent is. What are we trying to do? Without knowing their intent or without guidance, he feels they will only be stumbling.
Member Darnall indicated that their intent all ties to open space which relates back to runoff and aesthetics and density.
Planning Director Cotellessa added in that open space also relates to heat, and environmental impacts. The 30% figure was a standard target number locally that she believes was largely based on storm water control but there are a combination of factors.
Member Jenkins indicated that they were going to need to deal with the aesthetics.
BOARD COMMENTS
Vice-Chair Britt and Member Darnall both asked to consider changing the meeting time. Vice-Chair Britt indicated that he would be unable to attend the next four meetings at its present time, and he also felt is was a bad time for merchants who may wish to attend meetings. Member Darnall agreed and suggested at least changing the time during the summer.
Planning Director Cotellessa indicated she would need to look at the By-Laws to see what needs to be done to permanently change the date and time.
It was agreed that the 2nd Wednesday of each month at 6:30 p.m. would work for all members and Vice-Chair Britt made a motion that the next regular meeting be held accordingly. In the meantime, Ms. Cotellessa indicated she would research the By-Laws and advise the Board at their next meeting as to what needs to be done to make the change permanent.
Motion carried; the next regular meeting of the Planning Board for the Town of Duck was scheduled for June 8, 2005 at 6:30 p.m. and it was noted that this meeting would be advertised.
Member March advised the Board that she received a letter from the Town that DOT denied their 4th of July request, so therefore volunteers for the 4th of July parade would not be necessary as she had previously mentioned.
ADJOURNMENT
Chairman Forlano moved to adjourn the meeting. The next scheduled meeting is scheduled for June 8, 2005 at 6:30 p.m.
Motion carried 5-0. The time was 3:05 p.m.
Approved: ______________________________________________
/s/ Ron Forlano, Chairman