Agenda Town of Duck Planning Board Regular Meeting...Oct 08, 2014 · Agenda Town of Duck Planning...

Agenda Town of Duck Planning Board – Regular Meeting

Duck Town Community/Meeting Hall (1200 Duck Road)

Wednesday, October 8, 2014 – 6:30 p.m.

1. Call to Order

2. Public Comments

3. New Business:

a. Albemarle Regional Hazard Mitigation Plan – Review the 2014 Progress Report to be included in

the updated hazard mitigation plan. Provide an update on the status of the regional hazard

mitigation planning process and its impact on Duck’s community flood rating.

4. Approval of Minutes:

a. Minutes from June 11, 2014 Regular Meeting

5. Staff Comments

6. Board Comments

7. Adjournment

Town of Duck, North Carolina

Department of Community Development

1

TO: Chairman Blakaitis & Members of the Duck Planning Board

FROM: Joe Heard, Director of Community Development

DATE: October 8, 2014

RE: Albemarle Regional Hazard Mitigation Plan

The Community Development staff is seeking to accomplish two objectives at the Planning

Board meeting on October 8, 2014.

First, in his role as CRS Coordinator, Cory Tate has prepared a draft document outlining all

of the efforts and accomplishments of the Town of Duck since the adoption of the Dare

County Multi-Jurisdictional Hazard Mitigation Plan in July 2010. This documents is

intended to show the progress the Town has made toward achieving the goals and objectives

outlined in the 2010 Plan. The Planning Board members are asked to review the attached

sheets, ask questions, and suggest any additions or corrections that may be necessary.

Secondly, I will provide the Planning Board members with an update on the status of the

Albemarle Regional Hazard Mitigation Plan being facilitated and compiled by the Wooten

Company on behalf of eight counties (and the municipalities in those counties) in Northeast

North Carolina.

Thank you for your time and consideration of these important issues.

CRS 510 Floodplain Management

2014 Progress Report for

Floodplain Management/Hazard Mitigation Plan

1. Name of Plan: Dare County Multi-Jurisdictional Hazard Mitigation Plan

Date Adopted: July 7, 2010

Location where copies are available for review: Town of Duck Administration Offices

Duck Hazard Mitigation Action Plan

Goals and Actions Hazard Funding

Sources Responsibility

Target

Completion

Date

Priority Implementation Status

Preventive Goals: 1. Continue enforcement of current hazard mitigation regulations

2. Locate a regional debris removal area

3. Improve stormwater drainage in vulnerable areas

4. Preserve, protect, and enhance the Atlantic Ocean and Currituck Sound shorelines and ensure future generations are able to enjoy its beauty and bounty and can continue to use the beach

and water for active and passive recreation and leisure activities

5. Reduce loss of life, property, and resources due to wildland/urban interface fires

1a Continue to provide funding for

enforcement positions

Hurricanes,

Nor’easters

General Fund Town Council Ongoing High Ongoing/met

2a Meet with Currituck County and

Southern Shores to discuss

possible locations for a debris

removal area

Hurricanes,

Nor’easters,

Thunderstorms

General Fund Town

Manager

Ongoing High Completed (Identification of the Newbern property)

3a Identify areas vulnerable to

stormwater problems

Hurricanes,

Nor’easters,

Thunderstorms

General Fund Planning

Board

Ongoing High Completed - NCDOT drainage study completed –

January 2006

3b Coordinate town roles and state

roles in stormwater management

problems

Hurricanes,

Nor’easters,

Thunderstorms

General Fund Planning

Board

Ongoing High Same as above



Target

Completion

Date


3c Provide funding for stormwater

improvements

Hurricanes,

Nor’easters,

Thunderstorms

General Fund Town Council Ongoing Medium

(environmentall

y sound and

technically

feasible)

Complete- Town provided funding in CIP for

engineering of South Duck Drainage Project –

NCDOT funded construction; Ongoing - Sound-Sea

Village Drainage project has been partially funded

in CIP. Drainage Project on NC 12 at Waterfront

Shops funded in CIP for FY 2014.

4a Adopt and apply development

policies that balance protection of

natural resources and fragile areas

with residential and economic

development

Hurricanes,

Nor’easters,

Thunderstorms,

Wildfire, Flooding

N/A Town Council Ongoing

Medium

(environmentall

y sound and

technically

feasible)

Ongoing – Adopted Town Code amendments

including Tree and Vegetation Preservation, Land

Disturbing Activities, Beach and Dune

Management, Ocean and Sound Overlay, Parking,

Lot Coverage, etc.

4b Develop policies that minimize

threats to life, property, and

natural resources resulting from

development located in or

adjacent to hazard areas, such as

those subject to erosion, high

winds, storm surge, flooding, or

sea level rise

Hurricanes,

Nor’easters,

Thunderstorms,

Wildfire, Flooding

N/A Town Council Ongoing Medium

(environmentall

y sound and

technically

feasible)

Ongoing – Adoption of revised Flood Insurance

Rate Maps and Flood Damage Prevention

Ordinance, Local Participation in CAMA LPO

program, Pursuing enrollment in FEMA Community

Rating System, Enforcement of NC State Building

Code Revisions and Amendments including Wind-

Borne Debris Provisions

4c Develop location, density, and

intensity criteria for new, existing

development and redevelopment

including public facilities and

infrastructure so that they can

better avoid or withstand natural

hazards

Hurricanes,

Nor’easters,

Thunderstorms,

Wildfire, Flooding

N/A Town Council Ongoing Medium

(environmentall

y sound and

technically

feasible)

Ongoing – Town Code revisions including lot

coverage regulations, limitations on residential

dwelling size (ratio of number of bedrooms to lot

area), increased setbacks for accessory structures,

additional elevation requirements for V-Zone

structures.

5a Identify areas most at risk and

investigate strategies to reduce

risk from wildland/urban interface

fires

Wildland/urban

interface fires

N/A Fire

Department/

Town Staff

Ongoing Medium

(environmentall

y sound and

technically

feasible)

New Action Item



Target

Completion

Date


5b Investigate how the Town of Duck

can become a Firewise

Community

Wildland/urban

interface fires

N/A Fire

Department/

Town Council

Ongoing Medium

(environmentall

y sound and

technically

feasible)

New Action Item

5c Collaborate with DVFD and the

Town of Duck to educate the

homeowners, developers and

landscapers on designing fire safe

communities.

Wildland/urban

interface fires

N/A Fire

Department/

Town Council

Ongoing Medium

(environmentall

y sound and

technically

feasible)

New Action Item

Property Protection Goals:

6. Educate property owners on dune maintenance effectiveness

7. Develop policies and educate property owners on proper siting and coastal construction techniques

8. Encourage and promote through various methods the proper installation, use, and storage of propane

6a Develop dune maintenance

education materials

Hurricanes,

Nor’easters, Coastal

Erosion

General Fund /

CAMA grants

Consultant / NC

Division of

Coastal

Management/Se

a Grant

Ongoing High Ongoing – Town distributes information regarding

proper sand fence installation techniques and native

vegetation information; the Town also provides

copies of the NC SeaGrant Publication “The Dune

Book” upon request.

6b Make education materials

available on-line

Hurricanes,


Erosion

General Fund Duck

Webmaster

Ongoing High Partially Complete – Town maintains links to

FEMA and Division of Coastal Management

websites regarding NFIP and CAMA. Additional

information needs to be provided regarding coastal

construction techniques, retrofitting, and anchoring

of underground storage tanks.

7a Provide information on good

construction techniques for coastal

communities

Hurricanes,

Nor’easters

General Fund Duck

Webmaster/To

wn Staff

Ongoing High Ongoing – Provide FEMA/NC Department of

Insurance publications/ resources as mentioned

above.

7b Develop good construction

materials information

Hurricanes,

Nor’easters

General Fund Planning Board Ongoing High Complete – New strategy implemented to provide

existing FEMA publications to the general public

via the internet and maintain an in-house library of

these materials.



Target

Completion

Date


7c Enroll in the FEMA Community

Rating System and take advantage

of the various mitigation strategies

promoted by this program

Hurricanes,

Nor’easters, Flooding

General Fund Town Council/

Department of

Community

Development

Ongoing High Completed

8a Research the use and storage of

propane

Hurricanes,


General Fund Fire Department

/ Planning

Board

Ongoing High Completed

8b Draft a “propane” ordinance Hurricanes,


General Fund Planning Board Ongoing High Not Complete – The Town needs to investigate the

legal authority to regulate underground storage tanks

since they are under the control of the NC Dept. of

Agriculture.

Natural Resource Protection Goals:

9. Mitigate ocean overwash and sound erosion

10. Develop and dedicate more open space

11. Support the continued management of oceanfront shoreline development to protect and preserve the natural and recreational resources along the oceanfront

12. Re-nourish and maintain the ocean beach

9a Identify vulnerable areas and

conditions

Hurricanes,


Erosion

General Fund Town Council Ongoing High Ongoing – The Town has been monitoring high

oceanfront erosion areas by documenting storm

damage and taking photos/video. The Town has

used GIS information provided by Dare County and

the North Carolina Division of Coastal Management

to monitor movement of the oceanfront shoreline.

NCDOT in conjunction with the Towns of Duck and

Southern Shores conducted a drainage study on NC

12 to determine areas vulnerable to flooding. The

Town needs to develop a method to track soundside

erosion.

9b Develop public information about

the uses of sand, grasses, and

fences

Hurricanes,


Erosion

General Fund Town Council Ongoing High Completed – The Town distributes information

regarding proper sand fence installation techniques

and native vegetation information; the Town also

provides copies of the NC Seagrant Publication,

“The Dune Book”, upon request

9c Disseminate the public

information

Hurricanes,


Erosion

General Fund Town Council Ongoing High Completed.



Target

Completion

Date


10a Identify available property for

open space

Hurricanes,


Erosion, Wildfire

General Fund Town Council Ongoing High Ongoing – The Town has purchased an 11-acre park

in the center of the Village Commercial area which

is partially maintained as open space. The Town is

90 percent developed and there are few other areas

available to purchase and maintain as open space.

Town funds for this activity are limited. Future

activities in this area will largely depend on the

success of the Town in acquiring property with

available grants.

10b Acquire the property through

donation and purchase or

dedication of easements

Hurricanes,


Erosion, Wildfire


(environmentall

y sound and

technically

feasible)

Ongoing. The Town is in the process of acquiring

easements to construct an elevated soundside

boardwalk. No other projects are being considered

at this time.

10c Develop and maintain the open

space

Hurricanes,


Erosion, Wildfire


(environmentall

y sound and

technically

feasible)

Ongoing. The Town drafted a Municipal Property

Master Plan in 2004 in order to develop the Town

Park property. This is currently being implemented

in phases. The park is partially maintained as open

space.

11a Support programs and initiatives

to annually assess shoreline

changes (erosion and accretion)

Hurricanes,


Erosion

General Fund Town Council Ongoing High Ongoing. The Town has been monitoring high

oceanfront erosion areas by documenting storm

damage and taking photos/video. The Town has

used GIS information provided by Dare County and

the North Carolina Division of Coastal Management

to monitor movement of the oceanfront shoreline.

The Town has held several meetings with the staff at

the USACOE Field Research Facility to understand

their research and theories regarding localized beach

erosion in Duck and along the Outer Banks.

11b Develop policies to deal with

encroaching development on the

Town beaches.

Hurricanes,


Erosion

General Fund Town Council/

Town

Manager

Ongoing High New Action Item



Target

Completion

Date


11c Develop policies to preserve

native dune plants and vegetation

within the Town’s Dune System

Hurricanes,


Erosion

N/A Town Council Ongoing High New Action Item

12a Stay informed and involved

relative to Federal, State, and/or

regional studies and initiatives

concerning beach re-nourishment

and maintenance

Hurricanes,


Erosion

General Fund Town Council Ongoing High Ongoing. The Town participates in the annual

program established by the Dare County Shoreline

Commission to provide funds for beach

maintenance. The Town has provided comments to

the State of North Carolina regarding the NC Beach

and Inlet Management Plan that was to be completed

in the Spring of 2009.

12b Work with and support efforts by

CAMA concerning beach re-

nourishment and maintenance

Hurricanes,


Erosion

General Fund Town Council Ongoing High Ongoing. The Town participates in the CAMA LPO

program and issues permits for regulated beach

activities. The Town has adopted a Beach and Dune

Management ordinance to protect dunes and dune

vegetation. The Town is currently pursuing a

strategy to nourish the beach.

12c Seek ways to ensure residents

receive information and links to

technical assistance from the

Division of Coastal Management

concerning beach re-nourishment

and maintenance activities and

options such as sand fencing

Hurricanes,


Erosion

General Fund Town Council Ongoing High Ongoing. The Town provides information and

issues CAMA permits to oceanfront property owners

seeking to maintain their primary and frontal dunes.

The Town website is used to provide this

information as well.

Structural Project Goals:

13. Build the Mid-County Bridge

14. Address localized drainage problems on NC 12



Target

Completion

Date


13a Lobby the NC Board of

Transportation and the NC

Department of Transportation and

NC Turnpike Authority

(resolution and letter to staff

members regarding environmental

studies, attendance at

meetings./public hearings

Hurricanes NC DOT Town Council Ongoing High Ongoing. The Town Council has issued several

resolutions to support the construction of the Mid-

Currituck Bridge and to identify the Town’s

preferred design alternative for the project. The

Town has sent letters to NCDOT and NC Turnpike

Authority Staff providing comments on the project

studies that have been underway for several years.

The Town frequently discusses the project at regular

Town Council meetings and is kept informed of the

status of the project by Town staff and residents who

serve on a local committee to support construction

of the bridge.

14a Lobby the NC Board of

Transportation and the NC

Department of Transportation

Hurricanes NC DOT Town Council Ongoing High Ongoing. The Town has worked with NCDOT to

develop solutions to localized drainage problems on

NC 12. NCDOT is beginning a project to raise NC

12 in the southern portion of Town to address a

flooding issue.

14b Identify capital projects to address

drainage issues on NC 12

Hurricanes,


General Fund Town Council Ongoing High New Action Item

Public Information Goals:

15. Develop an emergency communications network

16. Develop effective public information regarding natural hazards and disseminate to citizens

17. Communicate hurricane information to tourists

18. Improve methods to communicate with property owners in areas most vulnerable to storm damage

19. Improve Ocean and Beach Safety through public education efforts and continued training of Ocean Rescue Personnel

15a Maintain a roster of business

owners and homeowners

associations

Hurricanes,

Nor’easters,

Tornadoes

General Fund Town Council Ongoing High Completed.

15b Continue to research methods to

disseminate information

Hurricanes,

Nor’easters,

Tornadoes

General Fund Town Council Ongoing High Ongoing.

16a Continue to identify who needs

natural hazards information

Hurricanes,

Nor’easters,

Tornadoes

General Fund Town Council Ongoing High Ongoing



Target

Completion

Date


16b Continue to develop/disseminate

the information (dune protection,

wind, erosion)

Hurricanes,

Nor’easters,

Tornadoes


16c Continue to research methods to

get the information to citizens

Hurricanes,

Nor’easters,

Tornadoes

General Fund Town

Council/Town

Manager

Ongoing High Ongoing.

17a Develop/disseminate hurricane

information to provide to tourists

Hurricanes,

Nor’easters,

Tornadoes


17b Continue to disseminate the

information through realtors and

businesses

Hurricanes,

Nor’easters,

Tornadoes


18a Develop and maintain a database

of contact information for

oceanfront property owners where

storm damage is likely to occur

Hurricanes,


Erosion

General Fund Department of

Community

Development


18b Develop a method to post storm

damage information on the Town

website including property

specific damage information

Hurricanes,


Erosion

General Fund Department of

Community

Development


19a Develop public education

materials to educate beachgoers

on beach safety (rip currents,

beach holes, beach fires, etc.)

Rip Currents General fund Town

Manager/ PIO/

Ocean Rescue


5. Dissemination: This document is scheduled for review/update by the Town of

Duck Hazard Mitigation Plan Advisory Committee during the next regularly

scheduled planning board meeting on October 8, 2014. Once reviewed and

updated, the information contained in this plan will be forwarded to the advisory

panel for inclusion in the Albemarle Regional Hazard Mitigation plan. Once the

Albemarle Regional Hazard Mitigation plan is approved, five copies of this plan

will be available for public review at the Town of Duck Administrative Offices at

1200 Duck Road, Duck, NC 27949.

- 1 -

TOWN OF DUCK

PLANNING BOARD

REGULAR MEETING

June 11, 2014

The Planning Board for the Town of Duck convened at the Duck Meeting Hall on Wednesday,

June 11, 2014.

Present were: Chair Joe Blakaitis, Vice Chair John Fricker, Ron Forlano, Tim McKeithan and

Marc Murray.

Absent: None.

Also present were: Director of Community Development Andy Garman, Deputy Fire Chief Bill

Walker and Permit Coordinator Sandy Cross.

Others Present: Michael Strader of Quible and Associates, Chris Nason of Beacon Architecture,

Dick McAuliffe and John Chenowith of Sanderling SPE, LLC.

Absent: Council Liaison Chuck Burdick.

Chair Blakaitis called to order the Regular Meeting of the Planning Board for June 11, 2014 at

6:37 p.m.

PUBLIC COMMENTS

None.

OLD BUSINESS

None.

NEW BUSINESS

Discussion/Consideration of CUP 14-003, an Application by Michael Strader, Jr. P.E. of

Quible & Associates, P.C. on behalf of FMC/NV Sanderling SPE, LLC, for a Conditional

Use Permit Amendment to Allow the Addition of 24 Guest Rooms at the Sanderling Resort

and Spa Located at 1461 Duck Road

Director Garman stated that this was an application by FMC/NV Sanderling SPE to add guest

rooms to the Sanderling Resort and Spa property. He stated that the applicant was proposing to

add 24 guest rooms total to bring the property up to 120 guest rooms. He explained that the

project involved adding 18 guest rooms to the north inn building and would be accomplished by

adding a third floor to the north end building, which was currently two floors. He reminded the

Board that the applicant had applied for a text amendment earlier in the year to increase the

height from 35 feet to 45 feet for buildings in that district, but the application was denied. He

- 2 -

added that this project involved adding a floor within the current 35 foot height regulations and

would be measured from grade at the center of the structure.

Director Garman stated that the proposal included adding a third floor within 35 feet. He added

that the building had three cupolas and explained that there was a provision in the Town’s

ordinance that allows a cupola to exceed the 35 foot height limitation by up to five feet, as long

as it was no more than 64 square feet in plan view. He stated that the three cupolas met the

requirement. He noted that the cupolas would be the only items above the 35 foot height limit on

the building.

Director Garman stated that the footprint improvements on the site plan were limited in nature.

He stated that there was a new elevator and sprinkler room on the southwest corner of the

building. He stated that on the eastern side of the building was a new fire rated stairway as well

as porch architectural features that were added to the building. He stated that there were some

additional parking spaces shown on the site plan – 24 parking spaces have been added as the

guest rooms require one parking space per room. He noted that they were scattered around the

property and were put wherever the applicant found room to add them. He stated that the

applicant met the ordinance requirement for parking spaces. He stated that staff reviewed

various components of the Town’s ordinance and found all the features shown to be consistent

with the ordinance requirements, including CAMA, lot coverage, height, setbacks, building

architecture and landscaping.

Director Garman stated that the applicant prepared a color rendering of the project and went on

to show the Board and audience the rending along with a 3-D model that was built. He stated

that the project was a retrofit to the north end building. He added that staff looked at it from a

life safety standpoint and had several meetings on-site. He stated that the applicant added full

sprinkler systems to the building and will be adding additional stand pipes to the building to

improve fire service and fire flow to various portions of the structure as well as a fire-rated

stairway. He added that the elevator was added, which the building currently did not have, to

improve ADA access. He stated that staff believed that the project met the requirements of the

Town’s ordinance and would recommend approval.

Chair Blakaitis asked the applicant if they had a presentation to make.

Dick McAuliffe was recognized to speak. Mr. McAuliffe stated that they came forward looking

for a text amendment for a height variance previously. He stated that they were now working

within the confines of the 35 foot height limitation and tried to retrofit everything into what the

statute was. He added that they addressed parking, wastewater and tried to come up with the

best possible plan that they could.

Kay Gillis of 124 Martin Lane was recognized to speak. Ms. Gillis asked if the applicant was

going to pave other parking spaces or changing where the lines were located. Dick McAuliffe

stated that they were not changing the lines but went through and had the civil engineering team

put together a series of areas that had opportunities for parking spaces. Ms. Gillis asked if other

spots would be paved. Director Garman stated that they would be paving some new spaces on

the west side of the road, adding that they were proposing new spaces as opposed to restriping.

Ms. Gillis pointed out that they presently did not have enough parking spaces for the existing

- 3 -

rooms and often ask if their guests could park at the swim and racquet club as well as parking at

the end of Station Bay Drive. Dick McAuliffe stated that the only time they have requested

parking at the swimming and racquet club was one time a year in April when they hold their

wedding expo, adding that it was used for overflow parking. He noted that they always received

permission from the board as far as parking at the end of the cul-de-sac. Ms. Gillis noted that

delivery trucks parked on the cul-de-sac. Mr. McAuliffe disagreed and stated that deliveries

were accepted in the loading dock area.

Ron Carter of 111 Royal Tern Lane was recognized to speak. Mr. Carter clarified that staff

evaluated the parking. Director Garman stated that staff and the Town engineer evaluated the

parking and drive aisle and both approved it. Mr. Carter asked how special events were handled.

Director Garman stated that for the wedding expo, the applicant was required to obtain a special

events permit from the Town. He added that they would have to demonstrate that they have

coordinated with the Sanderling Property Owners Association and other entities to make sure

they have gained approval for using the parking as well as addressing noise and trash. He noted

that it did not apply to normal events such as a wedding. Mr. Carter asked if the ordinance

allowed for space for delivery vehicles. Director Garman stated that it did.

Theresa Cullen of 122 Martin Lane was recognized to speak. Ms. Cullen thought that Dick

McAuliffe thought only surfers used the cul-de-sac, but noted that when there was an event that

required a set-up such as a wedding, the vendors used the cul-de-sac. She asked if the vendors

were staggered. Dick McAuliffe stated that the vendors were not staggered because they have

stops they make many times during the day all through the Outer Banks. Ms. Cullen stated that

she was objecting to the smaller vans that deliver for weddings that use the cul-de-sac. Chair

Blakaitis stated that the Board appreciated Ms. Cullen’s concerns. He stated that the issue was

discussed in detail at the last submission and the Board was assured by the applicant that they

would keep an eye on things and control it.

Vice Chair Fricker thought that in the final analysis, the resort could not be expected to be a

guarantor to police people parking on the street. He added that the Town could not affirmatively

be policing every street. He stated that there was some responsibility by the homeowners to

contact the police if people were parking illegally on the street.

Director Garman asked if there were No Parking signs currently on Station Bay Drive. Theresa

Cullen stated that there was one sign. Director Garman noted that Station Bay Drive was one of

the streets added to the Town’s ordinance prohibiting parking on the street. He explained that if

there was parking on the street, Ms. Cullen could call the Police Department and they would

enforce the no parking regulations.

Chair Blakaitis asked if the Inn considered the special occasions for the crosswalks. Dick

McAuliffe stated that they had. Chair Blakaitis asked if they would be addressed. Mr.

McAuliffe stated that they were in touch with the Department of Transportation to get their

specifications on what they would recommend with regard to the crosswalks.

Chair Blakaitis asked if the new parking areas changed the configuration of the space needed for

turnarounds for emergency equipment that the Fire Department would need. Deputy Fire Chief

Bill Walker was recognized to speak. Deputy Chief Walker stated that it was doable. He added

- 4 -

that the new parking layout would not be a problem. Chair Blakaitis asked if there was anything

in the construction of the third floor to the north Inn that would require additional safety

provisions or equipment for the Fire Department. Deputy Chief Walker stated that he would like

to see the movement of the connection to the north building out closer to the street and the stand

pipe connection in the north stairwell. Chair Blakaitis understood that the Sanderling Inn would

be installing sprinklers in the entire building. Deputy Chief Walker stated he was correct. Chair

Blakaitis asked if there were other safety concerns from other departments in Town. Deputy

Chief Walker stated that there were not.

Member Forlano complimented Town staff on the work they have done on the project in that

they were able to get the applicant to compromise in many different ways. He noted that the

height issue has been satisfied. He stated that his concern in the beginning was parking and

whether there was going to be enough parking and lot coverage. He stated that it seemed that the

applicant satisfied the ordinance for both. He stated that as far as the architectural standards, he

thought the architect had done a wonderful job in compromising with the roof lines and meeting

the height limitations. He stated that the only thing that still concerned him was the safety of the

pedestrians, particularly after a wedding reception. He stated that he would like the applicant

and Town staff put their heads together to figure out as many safety procedures as possible in

addition to a crosswalk. He thought that additional lighting could be installed without violating

the dark sky ordinance. He thought that whatever Town staff and the applicant could do to

ensure the safety of people would be helpful, especially after weddings. He stated that with

regard to parking on the cul-de-sac, he suggested that the Sanderling monitor the parking to

make sure no one parks on the private street. He stated that he had no objections to the CUP

when it comes time to vote.

Chair Blakaitis thought Member Forlano made a good point about safety. He asked if the

Sanderling ever involved police presence to direct traffic at the critical time when an event starts

and stops. Dick McAuliffe stated that they used to pay a Duck police officer a few years back

and were told that they no longer had to have that service because it was a violation of the

Town’s police department. Chair Blakaitis clarified that he had the service during the hours that

the police officer was working. Mr. McAuliffe stated he was correct. Chair Blakaitis noted that

police officers were hired when they are off duty to provide a service such as that. Director

Garman agreed, thinking that the Sanderling hired off duty police officers to direct traffic. Dick

McAuliffe stated he was correct. Director Garman stated that he did not remember all of the

details as to why the Town could no longer allow that. Mr. McAuliffe stated that it was a

potential liability issue that the Town had concerns with, so the Sanderling stopped the practice a

few years ago. Chair Blakaitis asked if they would continue if they were allowed. Mr.

McAuliffe stated he would.

Director Garman noted that staff asked for additional lighting due to a discussion regarding the

pavilion, which the applicant did install. He stated that from the Town’s standpoint, requiring

the applicant to always have someone there would be something that would be hard to guarantee

and enforce. Chair Blakaitis asked if the applicant considered using private security. Dick

McAuliffe stated that he wasn’t sure what the liability would be from the hotel.

Vice Chair Fricker stated that the staff report indicated that staff requested the applicant replace

the light at the crosswalk with a pedestrian activated flashing light. He stated that the applicant

- 5 -

agreed to install one. He asked if there was such a light that existed. Dick McAuliffe stated that

they were working with the Department of Transportation. He added that they installed a

continuously flashing light as they felt it was safer versus having a pedestrian activated flashing

light. Vice Chair Fricker understood that the criticism was that the existing light was constantly

flashing and drivers tended to ignore it, where if it was a pedestrian activated flashing light,

drivers would heed the warning. He asked if the light that Town staff suggested one that was in

existence. Director Garman stated that it was. He stated that staff had better information now

than a few years ago with the completion of the pedestrian study plan. He stated that the

Department of Transportation looked at using the pedestrian activated flashers at various sections

of Town, but ultimately they weren’t recommended in the Village area due to the number of

crosswalks. He pointed out that this would be a good treatment for the Sanderling Inn.

Chair Blakaitis clarified that it would be possible to use the existing crosswalk light and make it

flash. Director Garman stated that staff’s recommendation was for the rectangular beacons and

not the Christmas lights on the sign.

Vice Chair Fricker asked if the conditions that were attached to any positive recommendation

simply the ones listed on the first and last paragraph of Page 4. Director Garman stated that they

were.

Member Forlano stated that in the pedestrian study that was conducted, one of the concerns was

insufficient lighting in the Village. He asked if there was sufficient lighting in the Sanderling

area for pedestrians. Member McKeithan asked if the committee went that far to look at lighting.

Chair Blakaitis recalled that the committee thought that was a different area and that the Village

was more prone to accidents. Director Garman stated that the crosswalk lighting did become a

recommendation in the plan with a specific typical section/recommendation that was included in

the plan. He stated that he could look to make sure that it was consistent with what the plan

recommends. Dick McAuliffe noted that they added additional lighting with the previous

Conditional Use Permit approval for their pavilion.

Member Murray asked if staff was acknowledging the 50% value at this point or if it was

something that would be addressed in the future with Building Inspector Tate. Director Garman

stated that the applicant had to demonstrate that they would be within the 50%. He added that it

was not something the Board would review, but something the Building Inspector would need to

review as part of the building permit process. Member Murray clarified that the Board would

only be approving what Director Garman had provided. Chair Blakaitis stated that the Board

would be approving the plan as presented. Member Murray asked if the Board was approving all

language that was provided in the staff packet. Director Garman stated that the letter was

directed to him, so the applicant would be asking him to acknowledge that they were going to

demonstrate that it would be less than 50%. He added that if the Planning Board and Town

Council approve the plan, and the applicant cannot demonstrate to the Building Inspector that

they were within the 50%, he would not be able to issue the permit.

Member McKeithan thought it was a good proposal and was in agreement with it. He pointed

out an error regarding the meeting date on Page 3 of the application. He stated that the

architectural intern that developed the 3-D rendering did a great job.

- 6 -

Chair Blakaitis thought it was an excellent proposal and the concessions have been well

received. He stated that he could support the application.

Vice Chair Fricker moved that the Planning Board recommend to the Town Council they

approve Conditional Use Permit 14-003, subject to the conditions pertaining to staff’s report – in

the first paragraph of Page 4 and the last paragraph of Page 4 with respect to a rectangular

flashing beacon, if that is feasible and that the approved upon condition and the representations

made by the applicant in their response to the Town’s technical review comments are complied

with to the extent feasible. Chair Blakaitis seconded.

Motion carried 5-0.

Chair Blakaitis called for a short break. The time was 7:23 p.m.

Chair Blakaitis reconvened the meeting.

APPROVAL OF MINUTES

Minutes from the May 14, 2014 Regular Meeting

Member Murray had corrections to Pages 5 and 6.

Chair Blakaitis moved to approve the May 14, 2014 minutes as amended. Member Murray

seconded.

Motion carried 5-0.

OTHER BUSINESS

None.

STAFF COMMENTS

Director Garman stated that Treehouse Coffee’s CUP was approved at Town Council’s June 4,

2014 meeting. He added that the stormwater ordinance was adopted after a public hearing and

was now in effect.

BOARD COMMENTS

Vice Chair Fricker stated that during the February Planning Board meeting, there was a matter

before the Board regarding a special exception application on behalf of Tom Duggan. He stated

that Robert Constanzer appeared and made a presentation. He stated that he and Chair Blakaitis

had visited the property that afternoon and some of the representations that Mr. Constanzer made

at the Planning Board meeting struck him as contrary. He stated that as a result of that, he had

made a comment on record that Mr. Constanzer had no credibility with him. He stated that Mr.

Constanzer contacted him asserting that he was an honorable man and did not think his

comments were appropriate. He stated that he revisited the property and recognized that the area

- 7 -

where Mr. Constanzer was referring to was a different area than what he and Chair Blakaitis had

visited. He stated that he was in error and told Mr. Constanzer that he would correct the error by

going on record as making a mistake and extended his apologies to Mr. Constanzer.

ADJOURNMENT

There being no further business to discuss, Chair Blakaitis adjourned the meeting. There was no

vote.

The time was 7:29 p.m.

Approved: ______________________________________________

Joe Blakaitis, Chairman

Agenda Town of Duck Planning Board Regular Meeting...Oct 08, 2014 · Agenda Town of Duck Planning...

Documents

Transcript of Agenda Town of Duck Planning Board Regular Meeting...Oct 08, 2014 · Agenda Town of Duck Planning...