5/17/10 — The Planning Board voted unanimously Wednesday in favor of changing the ordinance for mixed-use zones to allow restaurants in inns. The board’s advisory is being sent to the Town Council, which has the final say.

The 5-0 vote came after months of deliberation and opposition by several neighbors to a sushi bar begun by Carole Payne in her Old Harbor Inn on Beach Ave.

An application submitted by Payne to rezone her lot to the New Harbor Commercial Zone, which it borders, was denied. The Planning Board viewed the rezoning request as “spot zoning” and denied it on the basis that the natural line between the mixed and commercial zones should not be changed.

Although the ordinance proposed by the Planning Board would allow restaurants in inns in the mixed-use zone, applicants would have to appear before the Zoning Board of Appeals to request a special use permit.

On Wednesday, Town Planner Jane Weidman presented parameters gleaned from the attorneys for Payne and for neighbors opposed to the ordinance, from board members and from a mainland town planner hired by the neighbors.

The first stipulation would be that the restaurant must be an accessory to an inn that is actively operating on the property on conforming lots. Other standards would include hours of operation between 6 a.m. and 10 p.m., a limit on the number of seats not to exceed 30 or three seats per room for rent.

Additional parking would be required for every 10 to 15 seats beyond the two per room now set for inns. The actual number of parking spaces will be determined by the Zoning Board of Appeals within those parameters.

No separate bar business will be allowed.

Weidman also wrote in a requirement that the floor plan would show the seating and the site plan would show the parking and the outside seating.

The new ordinance is supported by the town’s comprehensive plan, Weidman advised, as there is “flexibility” in the recommendation that “the Village” area could include inns and restaurants and does not specify which districts are within the village. She concluded it could therefore include the mixed use zone.

The Town Council will hold a public hearing and decide whether to pass the zone change. If the Council passes it, any applicants, including Carol Payne, must go to the Zoning Board next for approval.

Old Harbor planned development ordinance

Although they did not vote on a proposed planned development ordinance for Old Harbor Commerical Zone submitted by Ballards Inn attorney Erik Wallin, the Planning Board discussion was supportive. Brad Marthens recused himself for the deliberations.

Mixed use residential developments are already allowed in the Old Harbor Commercial District, but the new ordinance would extend it to commercial mixed use developments.

Among the purposes of allowing planned developments beyond affordable housing would be to provide opportunities for economic development that are “compatible in scale and character with the historic development patterns of the Town…” and “to allow a mixture of uses in a single parcel of land which are coordinated harmoniously and share services and facilities.”

The town’s comprehensive plan encourages developing the downtown, Wallin said.

Although they made several suggestions and additions to the proposed ordinance, the board members agreed the comprehensive plan supports such a change and urged Wallin to bring the supporting passages with a final copy of the ordinance to their next meeting.

If the final vote is favorable next month, the ordinance will then go to the Town Council for the final say.

Pre applications discussed

Two pre applications were reviewed, but hearing dates were not yet scheduled because the applications were incomplete.

Lawrence and June Parish, represented by their lead surveyer, David Hilbrun, are asking for a minor subdivision on Plat 5, Lot 89, off Beach Avenue. The lot would be carved into two separate ones, with the existing house on the rear lot.

Town Attorney Don Packer asked whether the application differed from one in 2007 and was told that just the lot line had changed. Packer pointed out that the map for the new lot, which abuts Trims Pond, does not have the coastal zone delineated. Any building must be 200 feet from that line, and although Hilbrun said it would be, Packer sent him back to the drawing board to add it to the site plan.

The driveway to the property was not on the plan either, Packer noted, and that will need to be determined prior to planning approval.

“I don’t know what’s going on from this plan,” Packer said, noting that a driveway would require significant cuts and fills, and the elevations need to be shown.

Planning Board Member Dennis Heinz mentioned that the lot is completely surrounded by water, and Weidman asked whether the Phase I archeological survey required there by the Rhode Island Preservation and Heritage Commission has been done.

Packer said the property has serious constraints and said it was a “major oversight” not to show the coastal zone. “The property might not be subdividable,” he told Hilbrun.

Suggestions had been made previously to merge lot 88, which the Parishes also own, with that lot.

Carol Brown, represented by Attorney Erik Wallin, applied for a pre application for a minor subdivision to her property (Plat 18, l0ot 18) on Beacon Hill.

Reviewing the site map, Packer remarked on the irregular shapes of the lots. “ The regulations discourage funky lots,” he said.

Comings questioned the heights of possible buildings on the lots. The existing building includes “an island icon,” Comings said referring to the tower visible from much of the island. “ You want to make sure the buildings are low enough not to ruin the view.”

Comings also commented on the map that was presented. “We have to be able to read the map,” she said.

Packer drew some lines on it to demonstrate regular rectangular lots that could be carved out of the property.

“Make them comply with the subdivision regulations,” he advised.