MINUTES OF TOWN OF EMERALD ISLE
REGULAR PLANNING BOARD
MEETING
TUESDAY, APRIL 17, 2001
The regular meeting of the Town of Emerald Isle Planning Board was called to order at 7:00 P.M. by Chairman, Ceil Saunders. Those in attendance: Frank Vance, Phil Almeida, George McLaughlin, Ed Dowling, Art Daniel and Fred Josey and Carol Angus as Secretary.
The
minutes of the regular meeting were approved with a typographical error changed
on page 2 to change ‘with’ to ‘will’ under #7.
Motion to approve the minutes with this correction was made by George
McLaughin, second by Fred Josey with unanimous approval in favor of the motion.
Report from Town Manager – Ms. Overman was excused
from this meeting and Ms. Angus was available to answer any questions. There were no questions from the board.
Report from Building
Inspector –
Ms. Angus represented Mr. Taylor who was not able to attend. There were no questions regarding the
submitted report for the month of March.
8 Single family dwellings permits
$1,274,200.00
76 Miscellaneous permits
267,389.00
$1,541,589.00
Chairman Saunders advised
the members that the Watson Hotel project is to be tabled and
be placed on the May 21, 2001 agenda. Ms. Angus added that the engineers said the
verification necessary was more complex than they had anticipated (that it will
comply to Section 16-7), and could not have it ready for tonight’s meeting.
Chairman
Saunders asked that the New Business item for Sunset Harbor, Lot 1, be
considered first this evening.
Sunset Harbor, Lot 1, Final
Plat –
Mr. Billy Farrington, developer; and Lori Morris, Parker & Assoc. were
present to represent this agenda item.
Mr. Frank Vance asked if there is to be a walkway to
Bogue Sound as shown on the plan.
Mr. Farrington replied that there is. Mr. Vance was also concerned about the
graveled area designated for the emergency vehicles. Mr. Farrington said it would be done next week, after the
installation of the septic tanks. The
stormwater retention area will be placed at that same time.
The members then referred to the checklist to review
the project for possible recommendation to the Board of Commissioners at their
next meeting.
Mr. Almeida asked when the Preliminary Plat had been
approved. After looking through some of
the maps that were on hand, it was discovered that the Preliminary Plat had
been approved in 1998. Because this is an
ongoing project the one-year submission requirement is in force.
Mr. Almeida was concerned about the stormwater plan
as indicated on the Preliminary Plans.
The original stormwater plan for the entire
subdivision is on file in the main office, but was not accessible to the
members for the meeting, because Ms. Angus did not have a key to the vault,
where the old files are kept.
Mr. Farrington had a copy of the CAMA permit plan
that was submitted and it had the storm-water plan drawn on it for each
lot. Mr. Almeida reviewed the map that
Mr. Farrington had and he was advised that another stormwater map is on file
that he could reference.
The members then continued with the checklist and
determined that all items had been addressed. The only correction to be made on
the sepia is to change the word “minimum” to “maximum” on note number 4
regarding impervious area.
There was a concern regarding the distance to fire
hydrants; however, that was clarified by Ms. Morris showing the members the map
that this had been addressed on the Preliminary Plat. Two new hydrants were installed per instructions of the Fire
Chief so this project would be within
350’ of a hydrant from all directions.
Mr. Daniel asked who is the party responsible for
the checklist. Ms. Morris replied that
she does these lists and turns them in with her plats. Mr. Daniel commented that he is spoiled.
He’s used to staff checking such lists and saying it
(project) is in order; instead of sitting here going through this item by item,
he doesn’t have that kind of patience.
Chairman Saunders replied that is the only way the
members felt that the issues had all been done.
Motion was made by Ed Dowling to recommend approval of Sunset Harbor, Lot 1, to the Town Board with the submission of the sepia to reflect the change of the word “minimum” to “Maximum” on Note #4. Mr. Almeida seconded the motion with unanimous approval in favor of the motion.
Reed Drive Commercial Park – Block 41
Secretary
Angus informed the board that this item is before them as a result of the Town
Board approval of the road to be turned from public to private including a 5-lot
subdivision that the Planning Board had looked at in review committee on March
21. The former road had entered across
from the present Reed Drive, westward for approximately 150 feet at 60 feet in
width. The private road would be at 40
width from the same entry, westward and turning south to exit opposite the
entrance to Pebble Beach. The Town
Board of Commissioners motion at the March 13, 2001 read that “needed to have
Planning Board approval”. The previous
review of this project was Wed., March 28, 2001 at a review committee that had
been recessed from March 21, 2001. No
vote or recommendation was able to be submitted from this review because it was
not a called meeting.
Mr.
Josey asked for the reason for six health department permits being
available. He was not able to correlate
these to the map. Ms. Holz said that
prior to receiving direction from the Town Board, they had planned to add three
lots in the future, in addition to the three lots on Hwy 58. The septic tank approval calls for staking
the lots in a preliminary fashion, staking the buildings, then the soils will
be evaluated. When asked to evaluate the soils, there were three lots staked
out (1,2,3 on Hwy 58), when the Town asked to show all the lots for the entire
property on one plat they took two of the lots and made one big lot. This was brought about by the request to see
the entire parcel on the plat to best determine road access. So the additional health department evaluations
were for lot 4, and two buildings on lot 5 to possibly be subdivided later.
Ms.
Holz advised the members that rules for evaluation call for evaluation of soils,
not boundaries. Those soils in those areas are approved no matter the
configuration of the lot. Mr. Josey
thanked Ms. Holz for her explanation.
Chairman
Saunders gave a verbal description of the map as now submitted to indicate that
Lot 4 is West of Lot 3, and the large lot #5 is South of Reed Drive.
Mr.
Almeida said that John McLean was the first to give a layout of the road. He disputed that the plat submitted is what
was requested. He was to improve on the
map and make it more complete. To give the longitudinal sections through the
road, etc. Ms. Holz said she assumed
that everything had been done. There
was some discussion about the dates of the different plats that have been
submitted and the revision dates as noted.
Mr. Almeida had a map that reflected March 21, 2001 revision, but it
does not cover the entire layout of the road on the entire property.
Mr.
Daniel said he felt that the entire roadway plan should be revised, because the
plan has been changed from a 60’ right of way to a 40’ right of way. Also, to be sure that the turn at the west
end be sufficient to allow a fire truck to make a turn. Ms. Angus had copies of the maps that had
been presented to the Town Board that reflected some of the information that
had been previously discussed, i.e. the “no left turn from the parcel to Coast Guard Rd. or, from Coast Guard Rd.
into the parcel at the East side of the property”. The only left that can be made is from the exit across from Pebble
Beach Condos. These maps were
submitted to the Town Board only, in order for this project to proceed to the
Town Board on April 10, at the advice of the Town Attorney. It has now come back to the Planning Board
to be sure all conditions are met, after the Town Board has made their approval
of the entire site, to illustrate the road being narrowed from 60’ to 40’.
Mr.
Almeida asked the secretary for the motion that was made at the Town Board meeting
and was advised that she did not have those minutes on hand. Mr. Almeida said if the Town Board has
already approved it, it seems ridiculous to look at something that has already
been approved. Ms. Angus said the condition
for approval was for Mr. Almeida and Mr. Daniel look at the stormwater
plan. Mr. Almeida said those were not
the only issues pending. There were a
number of issues. He did not know how
it was forwarded to the Board of Commissioners. The first issue he saw was that it is to be a private road. This issue will be addressed at the May 08,
2001 Board meeting at a public hearing.
The second issue there would be no left turn, that there would be a
small barricade or barrier on Coast Guard Rd. to prevent a left turn and access
to Reed Drive. That is noted on the map
as presented to the Town Board on April 10, 2001.
Mr.
Almeida said what is needed is longitudinal section along the road, part of the
road goes through a wetland. What is
the proposal to navigate that wetland or pond?
Ms.
Holz said she did not know the answer to that, but she would be glad to revert
to the original plan of three lots on HWY 58, and pave the original 60’
width.
Ms.
Angus said she remembered from previous discussion last Fall that the wetland
that was displaced could be moved to another area of the same square footage. It could adjoin the existing wetland that
exists. Mr. Almeida said he had no
problem with that, but it needs to be noted on the drawing of what will be
accomplished. Also, there is a mound
and when a road is put there, will there be a swale and drain the area? On the original plat is a longitudinal
section of the 60’ width but not with the remaining portion of the road. It needs to be spelled out so there is no
misunderstanding.
Ms.
Holz took some notes to give to John McLean to add to this map for
revision. To reduce the road from 60’
to 40’ right-of-way; the angle at which you enter the road has to be conformity
that a fire truck can get in and out.
Mr.
Daniel asked that he and Mr. Almeida be able to meet separately with Mr. McLean
and go over all the issues. At first
there was some concern about such a small group being considered until it was
decided to recess this meeting and allow the meeting with Mr. McLean then bring
those changes back to a recessed meeting at a future date. This would allow the consideration of all
the members prior to the recommendation to the board in its formal fashion.
Mr.
Daniel said he would like to make a comment regarding traffic engineering in
general. There is talk of prohibiting
left turns, and discussed the probability that conditions are going get to a point
that the traffic signals will need to be resignalize at Coast Guard Road. This would incorporate new geometrics into
the signalization plan. His thought is
to go ahead and recommend to Board of Commissioners that the Mayor get in touch
with the Dept. of Transportation. Let
them start planning the resignalization of this intersection. At the same time
that start that planning that they plan for a Spread Spectrum closed loop
signal system along Hwy 58 for all four lights. To tie it all into one master plan. He went on to describe in detail how these controlling systems
are done in regard to a closed loop system.
Then when this problem is addressed in several years it will already be
place. The letter from the Mayor needs to be to someone who you would expect to
get some closure.
This
request was widely accepted and Mr. Daniel was asked to develop a letter to the
Mayor to have this matter addressed. He
agreed to write such letter. Mr.
Dowling made the motion to make this recommendation for Mr. Daniel to compose
the letter to Mayor Harris, Mr. Almeida seconded, with unanimous approval in
favor of the motion.
The
Planning Board then returned to the Reed Dr. Commercial issue original issue.
Ms.
Holz reminded the board that the Town Board has already placed Public Hearing
ads in the newspaper for May 08 to consider the withdrawal of the road. She does not know the timeline of
notification of adjacent property owners.
Ms. Angus said she knows that notification has been made of the
adjoining property owners by Carolyn Custy, Town Clerk.
Ms.
Holz went on to advise that some specifics cannot be put on a subdivision plat. Such as “No Left Turn”. Why have it put on a map, who is going to enforce
it? That is a town traffic issue. She “doesn’t mind having it on the map, but
what effect will it have? None.”
Mr.
Almeida said he did not know to what extent the Town Board had looked at that
issue. If the traffic is not controlled
out of the subdivision, there will be a problem. The Planning Board wants, only, to bring it before the Town
Board. This board does not really need
to approve the layout, the Town has already approved the plan on April 10. It is superfluous at this point. He would like to have seen a letter going
from the Planning Board to the Town Board stating the concerns they have and have
them considered. Mr. Almeida agreed that the barrier to prevent a left turn
would not be on the subdivision property and therefore, cannot be on that map. Ms. Holz said she will not agree to put a town
public road on her map, that is not within her purview. Mr. Almeida agreed with her perception.
Mr.
Daniel asked that the developer acknowledge that the turn is going to be prohibited. Ms. Holz replied that they did at the Town
Board meeting.
Mr.
Almeida asked if Ms. Holz would be receptive to putting a sign on the property
to not make a left turn. She said she
would not. Only the Town can do it
within the Town’s right-of-way. There
was a lot of disagreement to this statement to the effect that traffic signs do
appear on private property.
Mr.
Almeida said the Town is giving the right-of-way to the property owner, at the
same time, the Town wants you to provide the sign. Ms. Holz again stated she will keep the road as it is recorded
and she will pave the 60’ in and out at Reed Drive. She is being pushed and pushed and pushed, and not worry about
filling a pond, not worry about anything but putting in a town street that
presently exists. She did not want to
come out at Pebble Beach, but the Town is making her come out at Pebble
Beach. She did not want to do a “No Left
Turn”, but she has agreed; now you want a sign. She will agree to a sign. What else?
Mr.
Almeida commented that the Planning Board is not dictating, they are only an
advisory body. It is the Board of
Commissioners to make the decision.
Mr.
Vance asked to suggest, at the Board of Commissioners meeting, just as it was
proposed at their meeting, that this is what the Planning Board all agrees
with. They didn’t vote on it at the
review committee (Mar 21). “If we want
to have it like this, and everybody agrees then what we’ll do is submit it to
the board that it be this way. We are
just the planning board.”
Mr.
Almeida said, “That we recommend that it be that way.”
Mr.
Dowling asked that one of the members be tasked before the public hearing to
get up at that time and represent all the Planning Board. There state what has been recommended,
firmly, and clearly.
Mr.
Vance went on to add that it should be passed on, as it should normally be recommended
to the Board of Commissioners. “If we agree
with it, if we don’t agree with it, we’ve come a long way. If everybody wants
to go back to the original Reed Drive, then we should”. He felt that everyone (at Review Comm) felt
that if there was no left turn ‘out’, or left turn ‘in’ there on Coast Guard to
cross across Reed Dr. then they were in agreement that that is the way it
should be. He did not want to keep
prolonging this project either, it needs to be over with. He is ready to “stick with what we’ve got
here”. There may be more details to be
put on the map to satisfy the Town Board, and we can get back in touch with
John McLean to put it on there. If the
Board of Commissioners wants to go in another direction that is their
prerogative.
Mr.
Dowling asked Mr. Vance, “In other words you are prepared to vote right
now?” Mr. Vance nodded that he was.
Mr.
McLaughlin asked the Secretary if the Public Hearing is only to close Reed
Drive. She corrected him to say that it
would be abandoned by the town as a public street and allow it to become
private.
Mr.
McLaughlin said the McLean Trust gets it free of charge? Ms. Holz interjected “Who gave it in the
first place!” Ms. Angus said the owners will have to do all installation and
all future maintenance as a private road.
Mr.
Almeida said his only drawback is the setbacks. There is more dense development.
Losing a part of the property on the Western end, but gaining more
because setbacks are the same. The road
right of way is reduced now by 10’ on either side. There is 10’ more building area.
He wants the Board of Commissioners to realize that.
Ms.
Saunders then asked if what is wanted is that Mr. Almeida and Mr. Daniel meet
with John McLean to obtain a revised drawing to show the drainage on the entire
road. They are here today only to
subdivide the property, not to build anything.
The next phase would be to come for a building permit (after a Final
Plat has been submitted and approved of the subdivision).
Mr.
Almeida said this subdivision has been approved by the BOC at their April 10
meeting. The Planning Board is to review the stormwater plan, the planning
board wants that review brought back to them.
He wanted to have the stormwater plan review at the next regular
Planning Board meeting.
Ms.
Saunders asked the secretary if there was any way to get this plan back in time
for the Public Hearing on May 08 at the Board of Commissioners meeting? Ms. Angus said it would depend on how prompt
the meeting with Mr. McLean could be held.
Mr.
Daniel said that if this meeting is recessed, then you could spontaneously get
back together when you are ready. Mr.
Almeida said he would agree to that.
Ms.
Angus said it would be in order to state that the stormwater plan has been
reviewed and that the changes are in order, then it would be finished at the Board
of Commissioners level and agree with the motion that had been made at the
Board of Commissioners meeting on 4/10.
Mr.
Daniel said there may be a sight distance problem on the property. Do we wait
until a problem occurs? Ms. Angus said
she thought in previous discussions that that had been decided that it must be
cut down for safety.
Mr.
Almeida clarified “When you are going East from Pebble Beach towards 58, there
is a blind spot because of high ground.
That has got to be lowered, so that the sight line can be improved.” Ms. Holz asked if he was speaking about Town
Property? She thought that is a joint
effort with the Town for the sight line, that the Town should take care of the
right-of-way.
Mr.
Daniel said the Town cannot go in and eliminate the Town property sight line
and leave a bluff up there.
Ms.
Holz asked if she was being asked to do the Town’s work? Mr. Almeida said he did not believe so. The solution should be a joint effort with
the Trust and the Town. She said
‘fine’, but for the town to do theirs first and she will match to that.
Mr.
Daniel said that is one of the issues to be discussed with John McLean. To determine the distance that a sight
triangle will take. This will have it
defined. That note should be added to
the map. Therefore, he and Mr. Almeida
will be discussing matters other than storm drainage when they meet with Mr.
McLean.
Mr.
Dowling interjected that they will be looking at the 7 acres, which is what the
BOC asked for.
Mr.
Almeida said he understood that they only approve the stormwater.
Ms.
Holz said she will ‘go the extra mile’ if she can just understand what is
proposed, especially the sight triangle.
Mr.
Almeida asked Ms. Holz if he could bring up this issue (sight triangle) with
Mr. McLean when they have their review with Mr. Daniel? Ms. Holz agreed. Mr. Almeida said perhaps Ms. Holz would realize some extra dirt
there that she could use on the lot to raise it up. Ms. Holz replied, “Heaven forbid if I filled anything!”. Mr. Almeida said he meant that she might
use the dirt for leveling the general area.
Ms. Holz thanked him for that observation.
Mr.
Daniel said he felt they wanted to look at the total issue, and not have to
bring it back.
A
recess was called at this point.
Motion was made by Ed
Dowling to recess, second by Fred Josey, to be reconvened at the pleasure of
the Chairman.
Mr.
Almeida commented that he was confused about a Special Meeting that was passed
on to the Board of Commissioners. He
thought it was a review meeting, and it was.
His suggested that we cannot change anything that has happened, but for
the future the communication process should be clear.
Mr.
Daniel asked if it had been premature to submit the map?
Secretary
Angus said she had been advised by the Town Attorney to put it before the
Board. She does not second guess the
decisions of the Town Attorney.
Ms.
Saunders added that “We have beat this to death, and it’s time we do
something”.
Mr.
Almeida said, “If the Attorney and the Board of Commissioners had decided on a
certain plan of action, then the Planning Board should not come in then and
work with only the part that is undecided.”