3/13/10 — The Planning Board considered two applications suggesting major changes in the town’s zoning ordinance Wednesday night, one by Ballard’s Inn, and the other from Payne’s Harbor View Inn.

After preliminary discussions, each was slated for a special work session to weigh the details and the consequences for the respective zoning districts.

The owners of Ballard’s Inn LLC (Plat 5, Lot 111) are hoping to reconstruct and redevelop their business into a 41-unit hotel and restaurant with a banquet facility. Attorney John Mancini said the goal was to make Ballard’s a family destination.

The business is asking for an amendment to the zoning ordinance to allow a Planned Development within the Old Harbor Commercial District. Planned Developments allow a building or group of buildings to override the zoning of a district, but would have to undergo development review first.

Before any discussion began, board member Brad Marthens said he had been contacted personally by the applicant and might have a conflict of interest. He said he would obtain an opinion from the state Ethics Commission, but in the meantime asked whether he should recuse himself, or just not vote on the application until he receives an opinion.

Board Chair Margie Comings said Marthens should participate and the board would delay its vote until an opinion is received. Mancini agreed to waive the deadline for action, and Steve Filippi of Ballard’s said he had no problem with Marthens participating.

Only two Planned Developments have been allowed on Block Island, board member Rob Gilpin said, and the intent for both was to increase Block Island’s affordable housing stock. He questioned whether the application was “an end run around zoning,” and said Ballard’s needed to show “a public benefit.”

Some board members saw benefits in a new Ballard’s. Neil Lang pointed out “the current atmosphere would be changed.” The number of rooms and the extended season would be “positive elements” to the community and would contribute to it economically.

“The design is well thought out and complete,” Lang said.

Comings saw an upside to allowing Planned Developments in the Old Harbor District, but cautioned that “If we do it, it would have to be appropriate for the Surf [Hotel] too… and give the [Town] Council parameters and guidance.”

Because there are coastal features and a flood zone on the property, Town Planner Jane Weidman reminded the applicants that even with a Planned Development designation, those issues would have to be addressed.

“We need standards in there,” Weidman said.

Deliberating the possibilities, Vice Chair Kevin Hoyt said that the zoning in Old Harbor has certain constraints and “our businesses suffer because of it… a PD might help get away from some onerous zoning.”

Comings warned, “But we need to get it right.”

Mancini said the applicants were willing to work with the town to develop standards for Planned Developments in Old Harbor.

“This is an opportunity to do it right,” he said. “We’re willing to work with you on that.”

A work session will be scheduled for further discussion and deliberation. The board advised Ballard’s to withdraw its application and reapply after the Planned Development option is debated and, if accepted, has standards set.

Payne’s Harbor View Inn

Members of the public, both in opposition and in support, came to speak on an application by Carol Payne to change zoning on Beach Avenue to allow a restaurant in her Harbor View Inn.

Payne, represented by attorney William Landry, refiled her application to amend the Zoning Ordinance to allow a restaurant in an existing inn. The Planning Board denied Payne’s previous application, which would have applied only to her property (Plat 5, Lot 111), on November 9, 2009.

The proposed restaurant already opened for a season prior to permitting. Landry said it was successful, only open from 5 p.m. to 10 p.m., and provided an alternative to the bar scene in town.

“It was visited by even those who are against it,” he said.

Speaking in opposition, neighbor and Weather Station owner Joe Noel defined the proposed use as a bar, not a restaurant. He claimed Payne had tried six times to obtain a liquor license before receiving one.

He expressed concern on the impact on the island and the neighborhood over time.

“Commercial is commercial is commercial,” Noel declared.

But other neighbors spoke in support of the change. John Gasner pointed out that Ocean Avenue, around the corner from the inn, has a hardware store, the power company and real estate offices; Beach Avenue has the police station and fire barn.

Champ Starr, who operates the Hygeia House and is Payne’s immediate abutter, said Noel’s opposition “is like buying a house next to an airport and complaining about noise.” It was Noel, he said, who changed the use of his property from an inn to a private home.

Looking at the maps handed out by Weidman, Hoyt said there were six inns on Beach Avenue, formerly seven. At one time, he thought, Twin Maples might have had a restaurant.

The new application presented two options, one that would allow a new use — “a restaurant within duly permitted inn” — by a Special Use Permit in the Mixed Use Zone only. If this option were taken, each applicant, including Payne, would have to apply for a SUP.

Landry’s second suggestion was to adjust the boundary of the New Harbor Commercial Zone to include Payne’s inn.

Weidman told the board she would not recommend the first option without the board looking at the whole commercial corridor first. She said better standards would be required, including a way to control the size of a restaurant.

The second option, adding Payne’s to the New Harbor Commercial District, was rejected by several members, including Comings, who said, “It smacks of spot zoning.”

A work session was scheduled for March 15 at 10 a.m. to deliberate the proposals.

Beach pavilion planning

Town Recreation Director Rob Closter made a brief presentation on some of the ideas for a renovated or reconstructed beach pavilion. The Recreation Department plans to obtain three conceptual plans for a redo.

Suggestions from other town boards and groups include doubling the number of showers and bathrooms, allowing use outside the regular hours, including employee housing and adding a second floor for functions. Closter asked the board for its ideas.

Several members supported a second level; Gilpin thought they should incorporate features from the old life saving buildings.

Hoyt had several suggestions, one that they look at the site as a whole, not just the building. He also thought a half-story extra might suffice, as there is a high ceiling there.

“Make it easy to maintain and clean,” he urged.

Other suggestions included incorporating alternative energies.

Propane storage

Russell Littlefield’s request for a Special Use Permit and variance to replace an existing propane storage tank with a larger above-ground tank was approved with stipulations.

Town attorney Don Packer said there was an outstanding wetlands violation issue on the property. Verna Littlefield told the board that they are taking care of the violation issue with the Department of Environmental Management.

The application will be sent to the Zoning Board with a requirement for appropriate plantings around the enclosure fence and the need to have the DEM issue resolved.

Planters in a parking lot

Planters with “bumpers” installed to prevent cars from hitting a fence separating Aldo’s Restaurant from the parking area at Plat 6, Lot 89, were thought to be minor changes, neither insignificant nor major. However, a discrepancy in the measurement of the length of the parking spaces sent the application back to the drawing boards.

Attorney Elliot Taubman and his client, Stephen Papa, were advised to obtain measurements and submit a new plan. The board agreed to hold a special meeting to review the application after the required advertising is completed.

Administrative action

The board agreed that a Community Support Block Grant being applied for by the town’s Housing Board was in conformity with the Comprehensive Plan. If awarded, the grant would help fund two affordable homes on the former Jacke property on Champlin Road.