agenda town of duck planning board regular meeting...oct 08, 2014 · agenda town of duck planning...
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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
Goals and Actions Hazard Funding
Sources Responsibility
Target
Completion
Date
Priority Implementation Status
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
Goals and Actions Hazard Funding
Sources Responsibility
Target
Completion
Date
Priority Implementation Status
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,
Nor’easters, Coastal
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.
Goals and Actions Hazard Funding
Sources Responsibility
Target
Completion
Date
Priority Implementation Status
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,
Nor’easters, Flooding
General Fund Fire Department
/ Planning
Board
Ongoing High Completed
8b Draft a “propane” ordinance Hurricanes,
Nor’easters, Flooding
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,
Nor’easters, Coastal
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,
Nor’easters, Coastal
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,
Nor’easters, Coastal
Erosion
General Fund Town Council Ongoing High Completed.
Goals and Actions Hazard Funding
Sources Responsibility
Target
Completion
Date
Priority Implementation Status
10a Identify available property for
open space
Hurricanes,
Nor’easters, Coastal
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,
Nor’easters, Coastal
Erosion, Wildfire
General Fund Town Council Ongoing Medium
(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,
Nor’easters, Coastal
Erosion, Wildfire
General Fund Town Council Ongoing Medium
(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,
Nor’easters, Coastal
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,
Nor’easters, Coastal
Erosion
General Fund Town Council/
Town
Manager
Ongoing High New Action Item
Goals and Actions Hazard Funding
Sources Responsibility
Target
Completion
Date
Priority Implementation Status
11c Develop policies to preserve
native dune plants and vegetation
within the Town’s Dune System
Hurricanes,
Nor’easters, Coastal
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,
Nor’easters, Coastal
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,
Nor’easters, Coastal
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,
Nor’easters, Coastal
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
Goals and Actions Hazard Funding
Sources Responsibility
Target
Completion
Date
Priority Implementation Status
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,
Nor’easters, Flooding
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
Goals and Actions Hazard Funding
Sources Responsibility
Target
Completion
Date
Priority Implementation Status
16b Continue to develop/disseminate
the information (dune protection,
wind, erosion)
Hurricanes,
Nor’easters,
Tornadoes
General Fund Town Council Ongoing High Ongoing.
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
General Fund Town Council Ongoing High Ongoing.
17b Continue to disseminate the
information through realtors and
businesses
Hurricanes,
Nor’easters,
Tornadoes
General Fund Town Council Ongoing High Ongoing.
18a Develop and maintain a database
of contact information for
oceanfront property owners where
storm damage is likely to occur
Hurricanes,
Nor’easters, Coastal
Erosion
General Fund Department of
Community
Development
Ongoing High New Action Item
18b Develop a method to post storm
damage information on the Town
website including property
specific damage information
Hurricanes,
Nor’easters, Coastal
Erosion
General Fund Department of
Community
Development
Ongoing High New Action Item
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
Ongoing High New Action Item
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.
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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
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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
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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.
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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
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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