TOWN OF DUCK
PLANNING BOARD
REGULAR MEETING
August 9, 2006
The Planning Board for the Town of Duck convened at the Duck Municipal Offices at 6:30 p.m. on Wednesday, August 9, 2006.
Present were Chairman Ron Forlano, Members Anne Darnall, John Jenkins and Joe Blakaitis.
Also present were Director of Community Development Suzanne Cotellessa and Zoning Technician Sandy Cady.
Vice Chair Jon Britt and Council Liaison Denver Lindley, Jr. was not present for the meeting.
Others Present: Lawrence McGovern, Allan Starr, Ben Cahoon of Cahoon & Kasten, Chuck Straub and Willo Kelly of the Outer Banks Homebuilders Association.
Chairman Forlano called to order the Regular Meeting of the Planning Board for August 9, 2006 at 6:30 p.m.
PUBLIC COMMENTS
None.
Chairman Forlano asked for the Board’s permission to move Agenda Item A under New Business to be the first discussion of the meeting to accommodate the applicants from Sanderling Property Owners Association. It was consensus of the Board to move the item up on the agenda.
NEW BUSINESS
A. Recommendation on CUP 06-003 for Sanderling Property Owners Association Recreation Facility
Director Suzanne Cotellessa was recognized to speak. Director Cotellessa stated that the Sanderling Property Owners Association owns property at 1578 Duck Road, which is improved with a clubhouse, swimming pool, tennis courts and parking lot. She stated the Association is proposing to replace the existing building, existing swimming pool and make some minor improvements. She stated that the tennis courts will remain as they are and the parking lot will also have some minor improvements. She stated that the property is a little over 3.5 acres and zoned RS-2, which permits this type of use by conditional use permit.
Director Cotellessa stated that the new building will be approximately 4,465 square feet and 33 feet in height. She stated that the architectural renderings were in the Board’s packets and the applicant had brought in materials to show that the colors will be consistent with the Sanderling palette. She stated that access to the site will remain unchanged but there were some changes to the original site plan to address fire concerns brought up by the Town’s engineer and the Fire Chief. She stated that the recreational facility has been in place for the past twenty (20) years. The land use is consistent with the CAMA Land Use Plan and with the zoning ordinance as well.
Director Cotellessa stated that there has not been a parking issue on the site. She stated that she looked at the parking regulations and while the site would show a requirement of thirty-nine (39) parking spaces – which was shown on the site plan – because so much is left open most of the time, staff is recommending the applicant not use the space for anything else as well as not constructing spaces on the north end of the site until and unless the Town Council determines that there is a need for them to do so.
Director Cotellessa stated that the applicant is trying to retain as much vegetation as possible on the site. She stated that there may be a requirement for some septic improvements. She stated that if the septic improvements result in some removal of vegetation, the applicant will have to re-vegetate the area. She stated that there are dumpsters on the north and south ends and recommended removal of the south dumpster and to have the area replanted. She stated that the architecture is compatible with the neighborhood and Town’s architectural guidelines. She stated that there will be very low level lighting in the parking lot. She stated that staff recommends approval with conditions.
Ben Cahoon of Cahoon & Kasten was recognized to speak. Mr. Cahoon offered to answer any questions. He thanked Director Cotellessa for her timely response.
Allan Starr of 106 Gannet Cove was recognized to speak. Mr. Starr echoed Mr. Cahoon’s comments. He stated that they still need the Sanderling Architectural Control Committee’s approval on the project.
Chairman Forlano clarified that Allan Starr is president of the Sanderling Homeowners Association. Mr. Starr stated he is president of the Sanderling Property Owners Association. He stated that Sanderling Homes Association is separate. He stated that Sanderling Homes Association, Sanderling Property Owners Association and Palmers Island all utilize the facilities.
Member Blakaitis pointed out that the Sanderling Property Owners Association owns the swimming pool.
Chairman Forlano asked if there were three (3) different entities. Allan Starr stated there were two (2) as Palmers Island has year to year usage rights. Chairman Forlano asked if there has been any negative input from any homeowner for the project. Mr. Starr stated there was not. He stated that Turnpike Properties, who own the property, offered to send a letter of support if necessary.
Member Jenkins asked which associations have deeded rights to the property. Allan Starr stated that the property is owned by the Sanderling Property Owners Association (SPOA). Every member of SPOA is automatically a member of Sanderling Racquet and Swim Club (SRSC). He stated that eight or nine (8 or 9) of the homeowners in the Sanderling Homes Association belong to SRSC as well. He stated that they have equal rights with SPOA to use of the facility as per the covenants.
Member Jenkins stated that the plan seemed to involve substantial removal of vegetation, which concerned him. Allan Starr stated that there is substantial vegetation along Duck Road that they intend to keep intact pending the Health Department approval. He stated that if the Health Department requires any of the vegetation to be removed, they would replace as much as is allowed with mature vegetation. He stated that they are very sensitive to the vegetation issue and assured the Board they would re-vegetate if necessary.
Member Jenkins asked why the applicant would be given twelve (12) months to install the deferred parking. Director Cotellessa stated that it was her recommendation and it would be a Town Council requirement that the applicant have a twelve (12) month period. She explained that it takes a while to get bid documents together, call for a Request for Proposal (RFP), etc. She felt that a year window was a reasonable amount of time.
Chairman Forlano stated that there is twenty-four percent (24%) lot coverage. He thought there was more than that. Ben Cahoon stated that the coverage included the marsh area. He stated that they are very close to existing lot coverage without the installation of the additional parking spaces. Member Darnall asked if the additional spaces would push the applicant over lot coverage. Ben Cahoon stated it would not.
Chairman Forlano asked what the second floor would be used for. Allan Starr stated that it is an owners’ only fitness center. He stated it would be used only by owners and property owners of SHA or SPOA who are members of the racquet and swim club. No renters or guests would be allowed to use it. He stated it would be separately secured and tightly run. Chairman Forlano asked if the spa service would be there. Mr. Starr stated that the spa is a separate entity south of the facility.
Chairman Forlano asked if winter membership would be available. Allan Starr stated that nothing would be offered to the public.
Member Jenkins asked how Item #15 – Septic Tank – numbers were figured. Ben Cahoon stated that the numbers are published in the Health Department regulations. He stated that the flows acknowledge the kind of intermediate, sporadic use of the facility and the large number of people who are calculated at that rate. He assumed they used surveys and experience to determine the numbers. He stated they are State determined numbers. Member Jenkins asked if the design was for a specific number of people per day. Mr. Cahoon stated it was the best number that could be determined based on pool and floor area. Director Cotellessa explained that the Health Department has numbers for different types of uses. She stated that the Health Department told her that this type of use does not generate the same need as a rental house because there are no dishwashers, washing machines or heavy showering. Member Jenkins stated that he was concerned if the septic could handle a lot of people. Director Cotellessa stated it was the determination of the Dare County Health Department. She stated that the facility has been in use for the past twenty (20) years and the Health Department has twenty (20) years worth of records to look at and make a determination. Allan Starr stated that the restrooms are there for use but do not get a lot of use. He stated that most adults are at the facility for an hour or two, but there is not any long term use of water. Member Jenkins thought that with the facility being open daily for nine (9) hours and with two hundred fifty-six (256) people, the average would be approximately twenty-nine (29) per hour. Mr. Starr pointed out that they have had relatively low water bills and never had a problem with the existing system. Chairman Forlano thought that the Health Department based the size on water usage. Member Jenkins stated that it answered the drainfield question, but wondered if there was enough space. Ben Cahoon stated that they used a very conservative application rate and explained to the Board how they achieved the numbers.
Member Blakaitis asked if the septic system was not a conventional one. Ben Cahoon stated it was a low pressure system. Member Blakaitis asked if Advantex was a brand name. Mr. Cahoon stated it was and was a small media filter system that goes through the septic tank and Advantex and into the pump tank.
Member Darnall moved to recommend approval to the Town Council of Conditional Use Permit 06-003 based on the findings of fact and conditions as per Attachment H of the staff report.
Motion carried 4-0.
OLD BUSINESS
A. Continued Discussion of ZTA Revisions regarding Parking and Driveways in Lot Coverage Calculation (ref. by TC 4/19/06) and regarding Maximum Driveway Widths and Number of Curb Cuts (ref. by TC 3/15/06)
Director Cotellessa stated that based on the input from the last meeting, she brought forward a discussion of parking requirements. Member Jenkins pointed out that some driveways on Dune Road extend onto the street right-of-way onto the curb. Director Cotellessa stated that the main issue to deal with is parking at a single family house. She provided a matrix of other municipalities on the Outer Banks that deal with parking, driveways widths and curb cuts. She stated that Council sent the issue back to the Board to look at some flexibility.
Member Blakaitis asked what kind of input Council was looking for from the Board. Director Cotellessa stated that Council sent the issue back to the Board to think about if parking is included in lot coverage, should the Board look at flexibility in terms of stacking and number of spaces. Director Cotellessa went on to bring Member Blakaitis up to speed on parking and occupancy.
Member Darnall wondered why parking is required the way it is. She felt if a homeowner came to the Town wanting to get a permit to enclose under the house or add a bedroom, they would have to show that they have the septic capacity and would have to add the parking spot at that point. She wondered if the Town should go to what the homeowner is actually proposing – a formula that is based on number of bedrooms and number of people anticipated to be in the house or capping the number of cars allowed on a site. She thought there should be some way to encourage less concrete or turfstone. She stated that she did not care how the homeowner stacked the parking so long as they have a drive aisle that would lead to the house for emergency vehicles. She thought that by making everyone able to back into a drive aisle to get out and not allowing a lot of stacking, that it is encouraging a larger of area for vehicles. Director Cotellessa pointed out that the reason it came about was because houses were being built with two (2) or four (4) parking spots and people were parking up and down the street and causing issues. She stated that the rules changed to make the parking be on the property. As it was accommodated on site, it took away a lot of opportunities for vegetation and it also caused a lot of properties to go from concrete to gravel, which got away from the lot coverage issue.
Member Darnall stated she would like to see everything included in lot coverage. She stated that as long as there is a drive aisle and an ambulance can get reasonably close to the house, she is fine with whatever a homeowner wants to do with parking.
Member Blakaitis asked about stacking. Member Darnall stated it would have to be figured out. Member Blakaitis asked if she would go back to the requirements for so many spaces for occupancy. Member Darnall stated she would. She stated that the Town now has one (1) space for two (2) occupants via the septic permit. She thought that maybe it should be less, such as one (1) space per bedroom. Member Blakaitis clarified that stacking is currently allowed in Town. Member Darnall stated that the Town allows some stacking. Member Blakaitis agreed with Member Darnall on including everything in parking but thought that some things should be relaxed to save vegetation. Member Darnall felt it would be hard to enforce the requirement of a certain number of vehicles on a lot. Chairman Forlano clarified that Member Darnall had stated that she did not wish to require as much parking area. Member Darnall stated that she did not care what type of material a driveway, sidewalk or pool surround was made from, but all of it should count in the lot coverage percentage and it couldn’t go over thirty percent (30%). Member Blakaitis stated it would put the Town back to nonconforming uses if things are relaxed. Member Jenkins stated that properties could be grandfathered. Director Cotellessa stated that a great number of nonconformities exist in Duck. She stated that some are long standing and some are created by new ordinances. She stated that nonconformities change over time with respect to lot coverage because the Town is so liberal on decks, even if driveways are included in lot coverage, it will extend over more area of the lot than they might have in other jurisdictions.
Member Blakaitis asked what hardship would happen to some of the homes in Duck. Director Cotellessa stated that some properties that are over lot coverage can get to the appropriate lot coverage by taking out concrete driveways. She stated that if the Town ends up requiring it, it won’t help unless the Town simultaneously changes the ability to stack. She stated that everyone that built according to the rules that were in place when they built would be grandfathered for it. She stated that the people that came in and made changes without getting permits that didn’t meet the code and now want to do something will have a problem.
Chairman Forlano asked what the reason was for gravel in the Sanderling subdivision. Member Blakaitis stated there is no requirement for gravel in Sanderling. People can have gravel or concrete. Chairman Forlano asked if there was a requirement at one time for gravel. Member Blakaitis stated there wasn’t. He stated that people choose gravel because it looks better and all the other houses have it. Director Cotellessa pointed out that Sanderling is in a flood zone and the gravel helps.
Chairman Forlano stated that the Board discussed a few months ago giving homeowners an allowance for permeable surfaces. He stated that Director Cotellessa had pointed out that gravel in Sanderling helps the permeability and water runoff. He asked if the Board wanted to see everything in concrete now. Director Cotellessa stated that anything that stops the ability for vegetation to come up and other uses of open space will be counted in lot coverage. The Board went on to discuss the matrix with regard to what other municipalities allow.
Member Jenkins asked if there has been much reading on “green” building programs and wondered if that concept would be useful for Duck. Director Cotellessa stated that there has been a lot of discussion in the planning and engineering field regarding green buildings and low impact design. She stated that there is expense involved as well as some issues. She stated that rain gardens are good things to have. She stated that the out of town owners will not set up rain gardens to work on a normal, year round basis. She stated that encouraging people to use the ground water for redoing irrigation instead of tapping into the Dare County water system is something to think about. She stated that part of green building is landscaping. She stated that the Town put in a special exception for parking so that if there is a need to reduce the number of parking spaces to save significant vegetation, a person could come in and ask to do that. She pointed out that commercial projects are taking the lead for putting in green buildings.
Member Blakaitis asked if the Town could state that a homeowner needs room versus a parking space. Director Cotellessa stated that a normal parking space is 10x20 and what could be stated is that if there is a six (6) bedroom house, the homeowner would need 1,200 square feet of space out of the lot coverage set aside for parking. In addition, there would have to be a twelve (12) foot drive aisle that goes up to the house. Member Blakaitis stated that emergency access is throwing him. He asked if the fire department would want to drive right up to the house to fight a fire. Member Darnall stated that the fire department wouldn’t. Director Cotellessa stated that the drive aisle is predominantly for ambulances. Member Darnall stated that EMS will put the ambulance as close to the house as possible. Director Cotellessa stated that independent accessibility has created design issues as well as lot coverage issues.
Member Jenkins stated he is for unimpeded access to the house for emergency vehicles. Director Cotellessa stated that the Town could provide for the space on the site that deals with the lot coverage issue and some opportunity for emergency access. Chairman Forlano asked if the space should be improved. Director Cotellessa stated that the space would have to be improved. Chairman Forlano clarified that the space already there would be allowed, but asked if it would be gravel or grass. Member Blakaitis stated that it could be whatever the Town allows. Director Cotellessa pointed out that people would park on the septic field as well. Member Blakaitis felt everything should be included but allow for some shrinkage. Member Jenkins asked Member Blakaitis if he was implying that the homes should be bigger. Member Blakaitis stated he wasn’t. Member Darnall felt that if the Board wanted to control the size of the house, there would be no easy way to do it. Chairman Forlano felt that if the Board wanted to come up with the size of the house that’s acceptable for the size of the lot, state that the footprint would be based upon the percentage of the size of the lot. Member Jenkins felt it would be the simplest way. Chairman Forlano felt the issues should be broken up and parking should not be part of it. He thought that parking should be addressed now and house size could be addressed later with a different format.
Member Darnall thought that the amount of development on a lot is the problem. She thought the size of the house could be minimized with vegetation. Member Blakaitis pointed out that by including all surfaces, it will impact the house size. Director Cotellessa stated that accessory structures would be affected. She suggested bringing back to the next meeting a revised regulation that accomplishes two (2) primary issues – include all in lot coverage and devises a requirement for parking where a homeowner could have parking any way they wish as long as the drive aisle is twelve (12) feet wide.
Member Darnall asked how number of parking spaces would be determined and would it hinge on the Health Department. Director Cotellessa stated that the Town has eight (8) bedroom homes that sleep twenty to twenty-four (20 – 24) people as well as five (5) bedrooms sleeping fourteen (14) because there is a cap on the number of bedrooms. Member Jenkins stated it was not unusual to have occupancy of a home being fourteen (14) and up to twenty-two (22) people. He stated that the Health Department does not have the resources to enforce it. Director Cotellessa stated that Dare County has begun to go looking at the rental ads and will enforce how many people can sleep in a home.
Willo Kelly of the Outer Banks Homebuilders Association was recognized to speak. Ms. Kelly stated that the Health Department was looking at bedrooms and septic capacity based on the number of bedrooms, but wondered if they were now looking at any room with a door even if there isn’t a closet in it. Director Cotellessa stated that she wasn’t sure how the determination was made, but if there is a door on hinges that closes, she believes it is considered a bedroom. Member Darnall stated that it was counted that way five (5) years ago with rental property that she had owned. Chairman Forlano pointed out that when a house is built and a door jamb is put in, it is considered a bedroom.
Chairman Forlano asked if there could be an incident such as a deed restriction regarding number of cars that are allowed to be parked on a property. Director Cotellessa stated it was discussed at a previous meeting and it was put on as a possible discussion item at a future meeting.
Chairman Forlano asked if Director Cotellessa would come back with more suggestions for the Board. Director Cotellessa stated she would.
NEW BUSINESS
B. Ordinance to Revise Town Code to Comply with State Mandates (ref. by TC 3/15/06)
Director Cotellessa stated that the first part of the issue was discussed at a previous meeting and the item before the Board was the second part of it. She stated that all of the language in the ordinance in italics is reflecting the mandatory language in the State code and would bring the Town’s code into consistency with the State code. She stated that it discusses issues such as conflicts, moratoriums and boards of adjustment.
Member Blakaitis moved to send the ordinance as presented to Town Council for their consideration.
Motion carried 4-0.
Chairman Forlano called for a five (5) minute recess. The time was 7:45p.m.
Chairman Forlano reconvened the meeting.
C. Introduction/Discussion of Tree/Vegetation Preservation Ordinance (ref. by TC 3/15/06)
Director Cotellessa stated that there was discussion at the last Board meeting regarding limiting lot coverage to provide vegetation and how vegetation helps to soften the edges of large buildings. She stated that there are lots of reasons for preserving trees and vegetation, mainly aesthetic and monetary but also the uptake of water by vegetation is quite significant in flood zone areas. She stated that in the Board’s packets were position paper from the National Association of Homebuilders, the International Society of Horticulture and the American Forest Organization. She went on to review these items with the Board.
Director Cotellessa pointed out that she researched tree ordinances and stated that they are very difficult to administer. She stated that staff is limited in the ability to enforce cutting down trees but can require replanting on sites.
She stated that the draft ordinance discusses the purposes of why trees are important and requiring a permit for removal of trees. She stated that the trees in question are not palm trees but indigenous ones. She stated that the CAMA Land Use goals talk of the purposes of why trees are important and why the Town is trying to pass the ordinance. It also requires a permit for removal of trees. The difference is the size of the tree. She suggested the ordinance could state that the permit for a tree removal could be for trees over twelve (12) inches in caliper. She stated that emergency exceptions, such as lightning hitting a tree, could be put in.
Member Jenkins asked what would be the replacement for a tree that was removed due to an emergency. Director Cotellessa stated that there is a canopy cover requirement in the ordinance.
Director Cotellessa stated that part of the tree removal permit would be to have the applicant submit a tree management plan, which allows the property owner to make a determination of what will come out and what would be planted. She went on to review the draft ordinance with the Board, touching on locally approved trees and preservation of special trees.
Director Cotellessa reviewed violations and penalties of the ordinance with the Board. She stated that if a tree is taken out, it would be considered a violation of the code that could include a fine of up to $500 per day. She stated that any violations in the ordinance would have to be ones that are allowed by State law. She stated that it could state there could be replacement or remediation instead of a fine.
Chairman Forlano asked if there is presently a permitting process in place to take down trees. Director Cotellessa stated there wasn’t. She stated there is a land disturbance permit which includes taking trees out for lot clearing.
Member Jenkins asked if the Town could put a stipulation stating that no more than fifty percent (50%) of the land could be disturbed in clearing and construction. Director Cotellessa stated that a septic system takes up a great deal of room and requires clearing.
Chairman Forlano asked Director Cotellessa what kind of problems she had in the past with administering tree ordinances. Planning Director Cotellessa stated that one of the problems was the significance of the condition of the trees. She stated that the condition is important but not usually included in the plan. She stated another issue was tree removal after construction of a home. She stated that the third issue was saving trees to get the canopy, but by taking out understory to put in other things. She stated another issue she dealt with was requiring removal of a sick or unsafe tree. She stated that there needs to be someone that knows what they are doing regarding trees, such as an arborist, of which she is.
Chairman Forlano asked if there were other certified arborists in the area. Director Cotellessa stated there is a list on the International Society of Horticulture as well as Susan Ruiz-Evans the local agricultural agent and master gardeners. She stated that many engineering firms hire subcontractors that are arborists.
Chairman Forlano thought that the ordinance was necessary. He asked if a small committee could be put in place that could take the job on and administer the ordinance. Director Cotellessa stated that it could be done.
Chairman Forlano asked if a six (6) inch caliper tree could be saved. Director Cotellessa stated it could be done, but there is expense involved. Member Blakaitis stated he liked the ordinance as it was written.
Member Darnall asked how much a tree management plan would cost. Director Cotellessa stated that she would try to find out.
Member Blakaitis stated that he agreed with Chairman Forlano that the diameter should go from twelve (12) inches to six (6) inches. He agreed that unsafe and sick trees should be taken down as well as if they are closer than ten (10) feet to the property line. He felt that 2.5 caliper replacement trees would be too much. Director Cotellessa recommended a minimum of a two (2) inch in caliper be put in the ordinance.
Chairman Forlano asked if the Town could hire a few arborists on a per hour basis to assist Director Cotellessa on the administration of the ordinance. Director Cotellessa thought the best thing to do would be to put the cost on a person who is developing the land. She stated the person would then bring in something from an arborist that they hired when they bring in their site plan. Chairman Forlano asked if it would put too much responsibility on Director Cotellessa. Director Cotellessa stated that when she is gone the next Director may not be a certified arborist, like she is. She stated that it would be good for the applicant to hire an arborist.
Director Cotellessa stated that she believes the direction of the Board was to find out the cost of a tree management plan for an average size lot, look at diameter breast height instead of low level caliper measurement, provide an allowance for excavating around a house without needing a permit and the process for developing the appendices for the ordinance. Chairman Forlano stated that part of the ordinance would be a requirement on the builder’s part on how he will protect existing trees. Director Cotellessa agreed. Chairman Forlano asked if the Town of Duck is the only jurisdiction that is looking at a tree ordinance. Director Cotellessa stated that the Town of Southern Shores had a vegetation committee, but that it had dissolved.
Director Cotellessa noted that at the end of the ordinance there was a pressure valve with regard to special exceptions.
Willo Kelly stated she was all for the tree ordinance. She felt there would have to be something put in for all towns related to low impact developments.
Chairman Forlano asked if street trees could be planted. Director Cotellessa stated that the Town does not own any streets.
Chairman Forlano felt the Board was in agreement that a tree and vegetation ordinance was needed and that it would be pursued vigorously.
D. Discussion of Regulations to Promote Retention of Native Businesses in Lieu of Franchise or Formula Businesses
Chairman Forlano stated he had attended the Council meeting when this issue was discussed. He asked Director Cotellessa to give an overview.
Director Cotellessa stated that because it was going to be brought forward to the Planning Board, it was presented to Council as a matter of information as well as asking for their concurrence in having the Board look at the issue. She stated that Council supported doing something but had some caveats – (1) do not focus on one type of business, such as restaurants and (2) do not exclude a business completely, but focus on how it looks or acts. She stated that the definition of a formula business would have to be defined. She stated that she thought Council was generally supportive of going forward with the discussion. She stated that one of the Council members asked if his business was not allowed to locate within the Town. She stated that it may not be if his store is laid out like every other like it. She stated that the regulations may need to state what a formula business looks like and how it acts and whether or not the Town wants to allow any formula businesses in Town.
Chairman Forlano stated that he had asked Town Attorney Donald I. McRee how far the Board could go with the discussion. He asked Town Attorney McRee if the Board could indiscriminately say that no formula businesses would be allowed in Duck. He stated that Town Attorney McRee had not given a clear answer. Director Cotellessa stated that Town Attorney McRee is researching the issue for the Town of Nags Head. She stated that the Town is in a Dillon Rule state, which states that a locality is only allowed to do expressly that which the State government says it can do. She stated that the Town of Duck, as a locality could formulate specific rules that are reasonably related to State enabling legislation. She stated that from the perspective of economic development, the Town could make the argument that passing the rule meets the regulations.
Member Darnall stated that there will be changes in Duck, but didn’t personally think if they looked as beautiful as possible, the businesses would not be changed in any way, such as what the businesses sell. She stated that even if a local person owns the franchise, it still eliminates a local business chain. She felt no matter how the franchise business looks, they are all the same.
Chairman Forlano asked if Applebee’s Restaurant came to Duck with the same architectural guidelines that the Town has, why would it be objectionable. Director Cotellessa stated that most people come to Duck because of the character and what is different in Town. Member Darnall felt it was depressing to see franchise businesses everywhere, no matter where one goes. She felt the franchise businesses should not be in Duck. Director Cotellessa stated that two (2) things have already been done to partially deal with formula businesses – limit the size of the building and commercial architectural guidelines.
Director Cotellessa stated that she believed the consensus of the Board was to try to draft something and bring it back at a future meeting.
APPROVAL OF MINUTES
A. Planning Board Meeting July 12, 2006
Member Darnall moved to approve the minutes of the Planning Board Meeting of July 12, 2006 as presented.
Minutes for the Planning Board Meeting on July 12, 2006 were approved 3-0. Member Jenkins was not at the previous meeting and could not vote on this approval.
OTHER BUSINESS
None.
STAFF COMMENTS
Director Cotellessa stated that the Town had received its first wedding registration. She stated that the bride contacted her to tell her that they were thrilled with the registration and felt the Town was going in the right direction. Zoning Technician Sandy Cady pointed out that Kathy McCullough-Testa would be working on getting the registration form on the Town’s website.
BOARD COMMENTS
Chairman Forlano commended the Board for the work that was done on the ordinance. He passed on that the Council appreciated the work that has been done and thanked them for the hard work.
ADJOURNMENT
Chairman Forlano adjourned the meeting.
The time was 8:45 p.m.
Approved: ______________________________________________
/s/ Ron Forlano, Chairman