SOUTHERA  TOWN OF SOUTHERN SHORES  PLANNING BOARD REGULAR MEETING 5375 N. Virginia Dare Trail, Southern Shores, NC 27949 Phone 252-261-2394/Fax: 252-255-0876 www.southernshores-nc.gov PITTS CENTER Monday, November 20, 2023 at 5:00PM MINUTES  CAROLINA  1 Call Meeting to Order 2 Pledge of Allegiance 3 4 Present 5 Chairperson. Andy Ward 6 Vice Chairperson Tony DiBernardo 7 Planning Board Member Collins 8 Planning Board Member Lawler 9 Planning Board Member McClendon 10 Planning Board Member (alternate) Michael Zehner 11 Wes Haskett, Deputy Town Manager/Planning Director 12 Town Attorney Lauren Arizaga-Womble 14 Approval of Agenda  13  15 Motion made by Vice Chairperson DiBernardo to approve the agenda as presented, Seconded by  16 Planning Board Member Lawler. The motion passed unanimously. 18 Approval of Minutes - November 1, 2023, Closed Session Minutes  17  19 Motion made by Planning Board Member Collins to approve the minutes of November 1, 2023 (Closed 20 Session) as presented, Seconded by Chairperson Ward. The motion passed unanimously.  21  22 Public Comment  23 The following residents spoke in opposition to SUP-23-01, a Special Use Permit for a mixed-use 24 group development of commercial and residential buildings at 6195 N. Croatan Hwy.  25 26 27 28 29 30  Matt Huband-110 Landing Trail Andrew Keeney-6008 Currituck Rd John Vermeulen-2061 Creek Rd. Elizabeth Ryan-1101 Colington Mike Magnum-8 Foxwood Circle  31 Old Business 34 Croatan Hwy. 35 37 38 39  32 SUP-23-01, a Special Use Permit application submitted by Cathleen M. Saunders, P.E. on behalf of 33 Ginguite, LLC for a mixed-use group development of commercial and residential buildings at 6195 N. 36 Applicant's Representatives present: Ashley Honeycutt Terrazas, Parker Poe (virtual)  Michael W. Strader, Jr., P.E., Quible and Associates  Erin Dunigan, SAGA  Southern Shores Planning Board-November 20, 2023/pg.1    40 41 42 44 the following: 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86  43 Applicant'sa attorney Ashley Honeycutt Terrazas with Parker Poe provided an introduction, highlighting  Special use permit site plan application fora a preliminary discussion about an application that has already gone through several rounds oft technical review with Town staff, ultimately to be This is a two-building development of 36 apartments, non-residential and commercial office uses, as well on a parcel that's been zoned for multi-family: and commercial uses for many years but because the uses are mixed in one development a special use permit is required for the Our development team has been going through this preliminary discussion process for the past three months, heard concerns and feedback from neighboring property owners, and wanted to amend the plan we originally submitted to try to respond to some of that (which is the intent of this public process). We met with neighboring church leaders and our team offered to meet multiple times with the Southern Shores Landing residents.. A concept plan was shown last time Original 15ft of Landscaping on Eastern proper property line, although no bufferi is required under the zoning ordinance between commercially zoned properties. Made ita 20 ft buffer with existing vegetation and retaining wall on eastern property line. The dumpster enclosure was on the property line. Now moved the dumpster closure away from the property line and now plan to retain more existing vegetation. We also had newl landscaping on the property line adjacent to the church where there's an existing path used by the church (that's on our property), SO we officially amended the plan to address some of those concerns and we've submitted the full amended: set to the town. We added the existing path being used by the church on our site. Removed the marina, as staff has determined it's not currently permitted in the general The rest of the plan has not changed. We submitted all of the elements. The applicant has submitted an updated US Army Corps of Engineers Wetlands Determination in which the US Army Corps of Engineers determined just last month that there are no wetlands on the area of the property that the applicant plans to develop. There are on the northern side of The applicant also added some additional landscaping to the renderings, the front elevation is a requirement. We added more Landscaping on the front and the sides of the building. Ifthe Town Council approves the special use permit, there will be still more permits and state agencies that will review the development, more studies including a traffic impact analysis that The private wastewater treatment plant that will serve the project has been and continues to go through additional processes through the regulating agencies, which are the North Carolina Utilities Commission and the North Carolina Department of Environmental Quality. Those will need to be resolved before permits are issued to extend the Wastewater infrastructure to this All the required information has been submitted, extensive hours spent discussing this, and responding to the 36 additional written questions that this Planning Board has submitted  decided after a quasi-judicial hearing before the Town Council.  application, per the zoning ordinance.  which showed several changes based on what we heard.  commercial zoning district.  the creek which are not being developed.  we willl have to do to be able to build this project.  plan project.  between meetings.  Southern Shores Planning Board-November 20, 2023lpg. 2    87 88 91 93  Requesting a recommendation sO the application can then be decided by the Town Council.  89 Chairperson Ward called on the applicant or applicant's representative to review the 26 answers 90 addressing questions or concerns that the Planning Board had at the previous meeting. 92 The document submitted read as, Ginguite, LLC (the "Applicant") responds as follows: 94 1. Add a condition that requires an independent traffic study prior to Town 95 decision, or application for a building permit, with review by third party  96 engineer? 97 98 99 100 101 102 103 104 106 107 109 110 111 112 113 114 115 118 119 120 121 122 123 125 126 127 128 129 130 131 133 134  The Town Staff recommended a condition that a TIA be conducted, and any recommended improvements be added, priort to receiving a building permit for the development. The Applicant has already indicated that it feels this is an appropriate condition for the Planning Board to recommend and the Town Council toi impose on the special use permit site plan. NCDOT, an independent state agency, will review and approve this TIA. Under the TOSS Zoning Ordinance, a TIAI is not required for the proposed development, and thus the Planning Board cannot require a TIA The Applicant has aiready publicly agreed that this would be an appropriate The plant is operated as per al NCDEQ permit by al NCI licensed operator and regularly monitored by NCDEQ for compliance. SUP-23-01 is not an application for a WWTP. GWWTP, while controlled by the Applicant, is not the applicant for this case, and the TOSS is not reviewing any permits or applications for the properties upon which the WWTP sits. The WWTP planned tos serve the subject development is regulated by the NCDEQ, and NCDEQ isr responsible for determining whether the WWTP can serve the development. It  prior to making a recommendation. condition on the special use permit.  105 2.Strike "lfi in recommended condition #5.  108 3. How often is water quality testing conducted? Before and after construction?  will noti issue the necessary permits otherwise.  116 4. Has transfer of ownership of the wastewater treatment been approved by the N.C. Utilities  117 Commission and ifs so, whoi is the owner?  Yes, GWWTP is the owner and permittee of the wastewater treatment plant that is planned to serve the development. Thus, the letter dated. June 1, 2023, from GWWTP confirming thati it is willing to serve the development is sufficient tos show that the site plan meets the requirement in TOSS Ord. S 36-299 (b)(2)(c)(5) ("name of and written approval for connection from any organization that will collect or dispose of wastewater"). GWWTP is going through the process to end the emergency operation permit. But, in any event, this process is not relevant to SUP-23-01. SUP-23-01 is not an application for al WWTP. GWWTP, while controlled by the Applicant, is not the applicant for this case, and the TOSS is not reviewing any permits or applications for the properties upon which the WWTP sits. The WWTP planned to serve the subject development is regulated by the NCDEQ, and NCDEQ is responsible for determining whether the WWTP can serve the development. It will Again, this is not relevant to the subject application, but the permit is in the process  The transfer of the franchise is still in process with NCUC.  124 5. Is the wastewater treatment plant still under emergency operation?  not issue the necessary permits otherwise.  132 6. The current NCDEQ permit for the wastewater treatment plant expires in November. 135 7. Require an independent: study of the wastewater treatment plant prior to Town  of being updated.  Southern Shores Planning Board-November 20, 2023/pg. 3    136 decision application for a building permit?  137 138 139 140 141 142 143 144 145 146 147 150 151 152 153 154 155 157 wastewater? 158 159 160 161  No. SUP-23-01 is not an application for a' WWTP. GWWTP, while controlled by the Applicant, is not the applicant for this case, and the TOSS is not reviewing any permits or applications for the properties upon which the WWTP sits. The WWTP planned to serve the subject development is regulated by the NCDEQ, and NCDEQ is responsible for determining whether the WWTP can serve the development. It will not issue the necessary permits Ina any event, NCDEQ is the regulating authority for the wastewater treatment plant that will serve the development, not TOSS. And under the TOSS Zoning Ordinance, a study of the wastewater treatment plant that will: serve the project is not required for this application, and thus the Planning Board cannot require this prior to making a recommendation.  otherwise.  148 8. Add a condition that requires the wastewater treatment plant parcels to be 149 recombined prior to Town decision or application for al building permit?  GWWTP (the owner of the parcels) is not opposed to recombining these parcels, and the Planning Board may recommend, and the Town Council may entertain, a condition that they be recombined prior to receiving al building permit for the development if determined to be related to issues raised at the hearing. The Applicant does question the relevance of the recombination of these parcels to the subject Application as this does not relate to the special  use or the site plan.  156 9. Do covenants allow the proposed number of residential units with respect to  Yes. The covenants do not specify the number of units. Furthermore, the covenant entitles site to a minimum amount of wastewater treatment by the utility. If the wastewater treatment plant can handle more wastewater, which is determined by NCDEQ, it can treat more wastewater. This has been discussed and explained at prior Planning Board meetings.  162 10. Provide updated covenant that replaced previous covenant (recorded 163 12/02/2002) between Southern Coastal Associates (Blinken) and Boddie-Noell 164 (Hayes) referencing 18,000 gallons per day or 50 single family equivalents [#5 in  165 summary of deeds).  166 167 170 171 173  No updated covenant is needed. Per the terms of the recorded covenant Paragraph5),itis  binding upon the successors and assigns of the original declarants.  168 11. Require a Corps. of Engineers wetlands delineation prior to Town decisiono or  169 application for al building permit? 172 12. Add GIS overlay to concession sheet.  An updated wetlands determination by the US Army Corps of Engineers dated October 27,  2023, has been submitted to the Town.  This is not required but will be provided with the updated site plan.  174 13. Remove "marina", proposed dock/picnic area/kayak storage, and proposed 175 dock that extends into Ginguite Creek from all plan sheets prior to the next Planning 178 14.Submit elevation drawings that show the buildings from the rear of the site.  176 Board meeting. 177 179 180 181 182 183  This change is reflected on the modified plan submitted to the Town.  This is not required. Zoning Ord. 536-299/0)2X0)) requires front and side elevations, which have been submitted. Drawings of the rear elevations (which were not required) were submitted on the elevations, and show that the rear will be very similar to the front of the building in terms of architectural style, and the materials will be consistent throughout the  building.  184 15. More landscaping detail is needed.  Southern Shores Planning Board-November 20, 2023/pg. 4    185 186 188 from Hwy. 158. 189 190 192 193 195 196 197 198 199 200 202 203 204 205 206 209 210 211 212 213 214 215 216 217 219 220 221 223 timeline. 224 226 227 229 from the site, 230 231 232  More landscaping detail has been added to the front elevations, which has been resubmitted. The Landscape Plan is on Sheet 2, and a rendered landscape plan has been submitted as well. More landscaping detail has been added to the front elevations, which has been All of the parking spaces meet the minimum dimensional requirements in TOSS  187 16. Submit renderings that show the buildings relative to the landscape plan. Show  resubmitted. Ord. $36-163.  191 17. The foundation encroaches into some of the parking spaces.  194 18. No building mounted lights are shown.  This will be shown at the building permit phase. Consistent with TOSS Ord. 53 36-166, all bulding-mounted lights will bet full-cutoff, Dark Sky compliant lighting. In addition, when building-mounted lighting ist fully planned and shown on al building permit application, the Town will still enforce the Ordinance requirement that all outdoor lighting, taken together, will not exceed 1 footcandle measured at the property line. The subject site plan shows no more than 0.5 footcandles at any given point on any of the property-lines. The lighting plan (Sheet: 11A) shows the proposed outdoor lighting, and the fixtures are highlighted on Page 4 of the submitted lighting specs. These match the description of the "Luminaries Schedule" on the Lighting Plan. We have also added an additional symbol on Sheets 11A-C, to further clarify which lights are pole lights lighting the parking field:". and which lights are the shorter bollard lights illuminating the boardwalk adjacent to the Creek --S- There is 81 ft clearance for east building parking, and this was clarified to Town staff on 7/31. No emergency vehicles or large delivery vehicles will park or otherwise pass under this building. The plan meets North Carolina Fire Code standards. The site plan demonstrates that the circulation will: accommodate emergency vehicles. The Fire Exhibit submitted 7/31, which was reviewed by Fire Marshal, shows that no emergency vehicles need to enter under the east building. The Fire Exhibit shows that, consistent with the Fire Code, there is less than 600' from fire hydrants to any point on the exteriors of the buildings, and the circles demonstrate that there is at least 200' from parking locations for at fire truck to any point on the exterior of Wall signage location will be determined at the time of building permits, and signage for individual tenants will be permitted through the Town and will be required to meet all signage  201 19.The lighting specifications do not match the proposed lights.  207 20. Submit a plan for emergency vehicles and large truck deliveries, including  208 clearance under the east building.  the building,  218 21. There isn'tanywhere to mount wall signage.  requirements.  222 22. Submit a construction management plan for construction phases and a  This is not required for a site plan ora special use permit.  225 23. Where will the materials be left?  They will be left on the subject property, as required by law. Exact locations have not been  determined at this stage.  228 24. No construction entrance off of Landing Tri. and no left turn onto Landing Tri.  The updated site plan shows the relocation of the construction entrance on The site plan already proposes a right-in-right-out on Landing Trail.  Sheet 6.  233 25. Provide copy of easement that allows Southern Shores Landing residents to  234 traverse 6195 N. Croatan Hwy.  Southern Shores Planning Board-November 20, 2023/pg.5    235 236 237 238 239 240 241 244 245 246 247 248 249 250 251 252 253 254 255 256 258 259 Item #1  Whether or not they have an access easement is irrelevant to this application. The applicant has no intention of blocking Landing Trail for use by SSL residents or anyone else. In: any event, an "Access Easement" is noted on the recorded plat for the area of the subject property, included in the package of deeds and easements submitted to the Town, Documents #4. Under state law, easements can be recorded on a plat map and do not need to bei further defined in a separate instrument. Benson V. Prevost, 277 N.C. App. 405, 411-12, 861 S.E.2d  343,348  242 26. Provide copy and explanation of easement allowing sewer line connection to  243 the lift station (where the new sewer line is proposed).  This was provided in the package of deeds and easements submitted to the Town, Documents #4 and! 5. Document! 5, Thel Declaration of Protective Covenants recorded in the Dare County Register of Deeds Book 1463/Page 391, Paragraph One requires the Private Utility (GWWRA, and its successors and assigns, per Paragraph Five) to construct, install, operate, maintain, repair and replace wastewater treatment infrastructure for the benefit of the Boddie-Noell property (the subject of SUP-23-01) and Southern Shores Landing. Paragraph Two also guarantees that the Private Utility will provide certain wastewater capacity to these properties. Thus, the Private Utility may construct (and repair/maintain) the necessary infrastructure to serve both the subject property and Southern Shores Landing to comply with these covenants. Furthermore, Document 4, Note 18 of the Southern Shores Landing Final Plat memorializes an easement agreement between Bodie-Noell, Southern Shores Landing, and  the Utility for 'encroachments of the wastewater treatment plant."  257 Planning Board comments/questions to applicant's responses submitted.  260 Chairperson Ward stated he was confused about the order of items stated in the last sentence 261 of the applicant's reply to item number one and asked for clarification to the order. He also 262 inquired who hires the traffic engineer. Michael Strader, Quible and Associates stated there 263 would be an independent traffic consultant (engineer) that must be hired to do the traffic study. 264 They work directly with NCDOT, who obviously do the review and then they make formal 265 recommendations and could add requirements. The traffic engineer is hired by the applicant 268 Chairperson Ward also clarified that the response to item number one stated, "the Planning 269 Board cannot require a TIA prior to making a recommendation" which is a correct statement.  266 unless the town is willing to take that on.  267  270 The Planning Board has no authority to require anything ini this process.  271 272 Item #2 274 275 Item #3  273 No further comment/concern  276 Chairperson Ward asked to circle back to this item later ini the meeting. He said the question 277 says how often water quality is tested before and after construction and the answer was the 278 plan is operated as per NCDEQ permit by North Carolina licensed operator regularly monitored 279 by NCDEQ. The same answer was submitted for number five and seven. He stated we 280 understand where the applicant stands on their requirement for wastewater.  281 282 Item #4  Southern Shores Planning Board-November 20, 2023/pg. 6    283 Chairperson Ward stated this is another wastewater item and would like to revisit it lateri in the  284 discussion. 285 286 Item #5 287 Same response at #3 288 289 Item #6 291 discussion. 292 293 Item #7 294 Same response as #3 295 296 Item #8 299 300 Item #9 302  290 Chairperson Ward stated this is another wastewater item and would like to revisit it lateri in the  297 Chairperson Ward stated the applicant is agreeable to combine the two parcels that make up 298 the wastewater treatment plant. The Planning Board had noi further comment. 301 Chairperson Ward stated this would be determined by the town's attorneys.  303 Vice Chairperson DiBernardo asked for clarification, as he stated the covenants do specify the 304 number of units. He stated the covenants read, "18,000 gallons per day or 50 single family 307 Michael Strader, Quible and Assoc. stated NCDEQrules for determining the gallons per day per 308 bedroom have also changed from the time of those covenants. Also, the covenants do not 309 specify the number of units, it uses equivalent. A certain number of restaurant seats are  305 equivalents". 306  310 equivalent to a single-family unit.  311  312 Attorney Ashley Honeycutt Terrazas stated per the covenants, which is a minimum that that this 313 parcel is entitled to. If the wastewater treatment facility can treat more than that would need to  314 be approved by NCDEQ.  315 317 318 Item #10 320 321 Item #11  316 Vice Chairperson DiBernardo stated the word minimum is not in the covenant. 319 Chairperson Ward stated this would be determined by the town's attorneys.  322 Applicant submitted updated wetlands determination by the US Army Corps of Engineers dated 323 October 27,2 2023, which does show 404 wetlands only on the marsh area to the north not in the  324 proposed development area.  325 326 Item #12 328  327 No comment from Planning Board members.  Southern! Shores Planning Board-November 20, 2023/pg.7    329 Item #13  330 Chairperson Ward stated boat docks have been removed from the site plan but still need to be  331 removed from the colored rendering (landscape rendering plan).  332 333 Item #14  334 Planning Board Member Zehner stated it is certainly not required as part oft the application but 335 through the board's review they can certainly request additional information and Ic don't think 336 the applicant has been responsive. He stated al line of site view from the rear was requested and  337 that has not been supplied.  338 339 Item #15 341 342 Item #16 344 345 Item #17  340 No comment from Planning Board members. 343 No comment from Planning Board members.  346 The applicant revised the plan to resolve the parking spaces issue and any further parking space  347 discrepancy will be caught at permit review.  348 349 Item #18  350 Planning Board Member Zehner commented that a site plan is supposed to show all outdoor  351 lighting and the plan does not show building mounted lighting.  352 353 Item #19  354 Planning Board Member Zehner stated there is a discrepancy between the spec sheet and the 357 Michael Strader, Quible and Associates, stated the foot candles noted on the lighting plan on 360 Chairperson Ward stated there will be a permit review and any discrepancy will be addressed at  355 lumen numbers on the plan. They are not matching up.  356 359 361 that time. 362 363 Item #20 365 366 Item #21 368 planning. 369 370 Item #22  358 the photometric plan are accurate.  364 No comment from Planning Board members.  367 Michael Strader, Quible and Associates, commented that any application would go through  371 Planning Director Haskett commented that typically the building inspector willl look into all that 372 prior to construction commencing. As far as timeframes are concerned, ifa an inspection is not 373 conducted within 180 days the permit expires. Ifthey do have an inspection within 180 days, 374 then they have 12 months from the date of that inspection to have the next inspection. Per the  Southern Shores Planning Board-November 20, 2023/pg. 8    375 noise ordinance on weekends, no work-related noise on Sundays buti is allowed on Saturday 378 Planning Board Member Zehner suggested a construction management plan and some 379 prohibition on construction hours on Saturdays, as there would be issues accessing the site  376 7am-8pm. 377  380 during certain times of the year.  381 382 Item #23 384 385 Item #24 387 388 Item #25 390 391 Item #26 393 396  383 No comment from Planning Board members. 386 No comment from Planning Board members.  389 No comment from Planning Board members, for attorney review. 392 No comment from Planning Board members, for attorney review.  394 Chairperson Ward stated there is an additional question briefly touched on by the board's 395 attorneys and that is soil data as it relates to NCDEQ storm water management permit. 397 Michael Strader, Quible and Associates stated for the areas of proposed infiltration there will be 398 undercutting of that underlying restrictive horizon, which will be undercut and then back filled 401 Chairperson Ward stated there is al lot of peat there and what will replace it. He also asked if 402 this soil report is shared with NCDEQ. Michael Strader responded it will be replaced with select 403 fill material and the report accompanies the storm water permit application package and those 404 specifications have been incorporated into the site plan design and that permit application 407 Planning Board Member McClendon asked Mr. Strader if they knew how far they would have to 408 dig down. Mr. Strader replied that it is specified in the design drawings based on the soil report. 410 Vice Chairperson DiBernardo asked for clarification on the good fill material. Michael Strader, 411 Quible and Associates, stated it is high permeability soils based on infiltration requirements, 414 Planning Board Member McClendon asked how the stormwater facility will be maintained. 415 Michael Strader, Quible and Associates, answered there is an operation and maintenance 416 agreement that the applicant signs and this agreement follows the whole life of that storm  399 in with good permeability soils.  400  405 package. 406 409  412 type one core sand material.  413  417 water permit. 418  Southern! Shores Planning Board-November 20, 2023/pg. 9    419 Planning Board Member Lawler asked how that agreement differentiates from the maintenance 420 agreement for the infiltration pond ont the Wastewater side. Michael Strader, Quible and  421 Associates, stated he is not familiar with the wastewater.  422  423 PLANNING BOARD DELIBERATION  424 Chairperson Ward stated it is time for the board to deliberate, there are six members present 425 but only five will be voting. Planning Board Member Zehner iss sitting as an alternate and will not  426 vote but can answer or ask any number of questions. 428 Planning Director Haskett read town code 36-300. (5) 429 Sec. 36-300. Application for permit for special uses.  427 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 451 452 453 455 456 457 458 459 460 461 462 463  (5) Before they may grant any special use permit or vested right, the town council shall a. The applicant has met the requirements of the applicable provisions oft the town chapter pertaining to zoning, subdivision chapter, and all other applicable ordinances. b. That the use as proposed will conform with the town's land use plan and will be compatible with the area in which it is to be located, if developed in accordance with the conditions specified in the chapter and additionally required by the town council as c.That the use will not materially endanger the public health and safety if located where d. That the use as proposed will not overburden the town volunteer fire department fire-Fighting capabilities and the county water supply capacity to the town, as said facilities and capabilities will exist on the completion date of the special use for which  make affirmative findings that:  authorized by the chapter.  proposed and developed according to the plan submitted.  the application is made.  449 Chairperson Ward reviewed the recommended conditions of SUP-23-01 and asked the board  450 members if they had any additions or subtractions.  SUP-23-01 Recommended Conditions  454 1. The following approvals shall be issued prior to submittal of a Building Permit application:  a. Soil Erosion Sedimentation Control Plan Permit for land disturbance over: 1acre . NCDOT driveway permit and/or encroachment application for work in a State right- d. Modification to Permit No. WQ0017224 from the NCDEQ (tentative wastewater CAMA Permit from the NCDEQ; (addition: add word major. Major Permit)  from the NCDEQ. of-way. approval received).  b. Stormwater Management Permit from the NCDEQ.  Southern Shores Planning Board-November 20, 2023/pg. 10    464 465 466 467 468 469 470 471 472 473 475 476 478 479 481 482 483 484 485 486 488 489 490 491 492 493 495 496 497 499 500 501 503 504  Review and approval of potable water distribution system modifications or extensions by the Dare County' Water Dept. (tentative approval received). Receipts for payment of water connection fee from the Dare County' Water Lot sturpance/stormwater Management Permit from the Town; and Approval from the Dominion Energy Transmission Group. (addition: language to include an easement, for 50 feet at the power poles and 70 feet of power line easement with parking inside those 70 feet easement, prior tos submitta!)  Department.  h. Water Main Extension Permit from the NCDEQ.  474 2. Prior to submittal of construction drawings, an updated fire hydrant flow test must be 477 3. Construction drawings shall demonstrate compliance with Needed Fire Flow requirements, 480 4. The site plan identifies a "Marina." The "Marina" isas series of docks and piers which are  conducted and witnessed by Town Staff.  and all other applicable Fire Code requirements.  not permitted in the C, General Commercial zoning district (see interpretation letter dated August 14, 2023) and as a result, the proposed "Marina," proposed dock/picnic area/kayak storage, and proposed dock that extends into Ginguite Creek cannot be approved as a part ofthe application. (subtraction: remove recommended condition number four as a  marina/dock. slips have been removed from the site plan)  487 5. IfNCDOT requires a traffic impact assessment or traffic study, the requirements in the  traffic impact assessment or traffic study must be satisfied prior to submittal of a Building Permit application. (addition: revise that condition to any and all requirements in the NCDOTrequired traffic impact assessment or traffic study must be satisfied prior to submittal ofab building permit application) * PB also recommends the town hiring a third-  party to review the traffic study plan on behalf of the town.  494 6. Maintain a 501 ft. setback from the eastern property line adjacent to Southern Shores  Landing (applicable to buildings and other facilities such as parking spaces, incinerators, trash collection areas, etc.) and preserve the existing natural vegetative buffer.  498 7. Maintain a 501 ft. setback from the northern property line adjacent to All Saints' Episcopal  Church (applicable to buildings and other facilities such as parking spaces, incinerators, trash collection areas, etc.) and preserve the existing natural vegetative buffer. strictly comply with all other applicable local, State, and Federal requirements.  502 8. The applicant must strictly abide by all requirements of the Town Code and must also 505 Planning Board Member McClendon asked if the fire department or any other public safety 506 group were involved in the review. Planning Director Haskett answered the Fire Chief, Fire 507 Marshal, and our building inspector were involved in the review. They were in support of  508 recommended condition number two and number three.  509  Southern Shores Planning Board-November 20, 20231pg. 11    510 Chairperson Ward read the following town code sections:  511 512 513 514 515  Sec. 32-2. - Public protection Sec. 32-3. - Wastewater management. Sec. 32-4. - Planning board review.  Sec. 32-5.- - Community, noncommunity and private wastewater systems.  516 Planning Board Member Lawler researched documents received off the state website, stating 517 two inspections of the wastewater treatment plant have taken place since 2018 and the 518 summary report on both stated the plant was non-compliant. He: stated the report cited 519 numerous deficiencies ini the equipment and the operation and the maintenance of the facility. 520 The water quality in the monitoring wells outside of the wastewater plant has exceeded their 521 limits. This wastewater plant was permitted to be operated as a wastewater reuse plant, yet the 522 spray field has not been used in a number of years, the pumps that operate the spray field are 523 not operational if in fact they're there. The control panel does not work sO all the wastewater, 524 whether it meets treatment standards or not, goes into the infiltration pond which is supposed 527 Chairperson Ward reviewed and submitted eleven documents for the record, all pertaining to  525 to be used for emergency situations.  526 529 530 531 532 533 534 535 536 537 538 539 540  528 the wastewater treatment plant. [1-11 are hereby attached as exhibits]  1. 10-3-18 NCDEQ Permit 2. 8-3-21 Inspection Report  3. 10-27-21 Civil Penalty & Notice of Violation 4.5 5-24-22 Unpaid Civil Penalty Assessments 5.2 2-10-23 Petition to Sale or Transfer CPCN & Rate Increase 6.3 3-14-23 Inspection Report 7.4 4-3-23 Notice of Violation 8.5 5-8-23 Notice of Violation 9.7 7-25-23 Public Staff Recommendation  10. 7-31-23 Order Finding Application Incomplete & Request for Additional Information  11. 9-15-23 Petition to Terminate Emergency Operator  541 Chairperson Ward stated the applicant, Mr. Gupta and his family purchased the wastewater 542 treatment plant in 2017, securing the permit in 2018. The ten-page permit is very specific, and 543 the majority of the conditions have not been met. The plant does not operate as permitted. 545 Planning Board Member Collins inquired about the permit expiring shortly. Planning Board 546 Member Lawler stated the permit will probably be renewed, same conditions as the original but 547 until the plant is brought into compliance, they will most likely not receive an approval to 550 Chairperson Ward added that the town cannot inspect the wastewater treatment plant, but it 553 Chairperson Ward highlighted the following information within the documents submitted:  544  548 increase capacity.  549 552  551 can certainly put pressure on the state.  Southern Shores Planning Board-November 20, 2023/pg. 12    554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581  The facility has been inspected over the last five years and has been non-compliant. The treatment facilities are corroded and not functioning properly, turbidity is required to be reported continuously and it is not reported for multiple days in February of 2021. With treatment units not functioning properly the groundwater and surface water may be impacted with high nutrients and bacteria. There are documented groundwater exceedances for nutrients in the monitoring Wells located around the high-rate infiltration Pond. No documented fish kills or health risk to the public. The facility has not been compliant since 2017 and has failed to come into compliance. The facility has a chronic history of exceeding limits and various monitoring and frequency violations. Recent inspections have shown the facility is currently in as state of disrepair and is not being properly operated or maintained. (report from 2021) Numerous fines and the percentage of over the limit bacteria count amounts As of May 24, 2022, letter from NCDEQ to Prem Gupta GWWTP, LLC the total unpaid civil penalty assessments totaled $10,250.00 (state eventually reduced fine to $3087.50) Planning Board Member Lawler stated the state does not want the money; they want the plant to be fixed and most likely there is an agreement to put the remainder of the fine into correcting the deficiencies in the plant. 3/14/23 Most recent compliance inspection reports shows the facility is still non- compliant. The comment on the bottom of the report reads, "Reclaimed irrigation system is not) functional. New irrigation pumps and controllers are required. Diversion valve needs to be checked to make sure it is functional and if not, it needs to be replaced. New irrigation pumps and controllers are required. The reclaimed. irrigation system is not o Planning Board Member Lawler added the generator needs to be replaced and the clarifiers and filters all need to be replaced. They are running the stuff  documented in the assessment was excessive.  functioning"  through there with no effective treatment.  582 Chairperson Ward reviewed documents from the Utilities Commission, an application fora 583 transfer of certificate of public convenience and necessity for increase in rates. He stated the 584 application is seeking to double the rate to Southern Shores Landing (gradually over a two-year 585 term). It also appears that Neil Blinken from the Water Reclamation is still the franchise owner 586 (as of 2/10/23). The commission found the application to be incomplete. The Utilities 587 Commission also responded to the application stating that the sewer system has been 588 abandoned by the current franchise holder and the commission appointed an emergency 589 operator. The property on which the system is located has been sold multiple times without 590 commission approval and due to the irregularities, transfer proceedings are not appropriate at 593 Planning Board Member McClendon requested to see the requirements for approval of special 596 Planning Board Member Zehner stated to consider under "all other applicable ordinance" as to  591 this time. 592 595 598  594 the use permit. The board highlighted some considerations.  597 include the wastewater provisions.  Southern Shores Planning Board-November 20, 2023/pg.1 13    599 Planning Board Member McClendon recommended considering Item B the town's land use plan 602 Planning Board Member Zehner commented that part of the challenge is that it is unclear 603 whether the entity that authorized the wastewater has any authority to do that. They may own 604 the real property under it, but they don't have the franchise for the actual facility. No one has 605 authority to allow for an increased tie-in, the records completely unclear on that. 607 Chairperson Ward felt the board had done theirj job and reviewed all documents thoroughly. He 608 read a summary he had written concerning the situation with the water quality and the  600 compatibility and with the area in which it is to be located.  601  606  609 franchise situation.  610 611 612 613 614 615 616 617 618  Since assuming ownership of their wastewater treatment plant in March of 2017 the Gupta managed LLC continues to operate it in a manner that is detrimental to the health, safety, and welfare not only of our town citizens but of all the surrounding communities that enjoy clean air and water quality. It think it is incumbent on our town to put as much pressure and resources as, possible toj force the Gupta managed LLC that owns and operates this wastewater treatment plant into compliancy with the permit that it  currently holds and owns.  619 Chairperson Ward continued by saying, as set forth in article 10 chapter 36 -299 and chapter 36- 620 300 the Planning Board may recommend to Town Council approval, conditional approval, or 623 Chairperson Ward moved that the Planning Board reject the Special Use Permit 23-01 and 624 accompanying site plan submitted by the applicant Ginguite, LLC, Seconded by Vice Chairperson 627 Planning Board Member Zehner stated he wanted to point out one more thing. The rendering 628 that was provided added al lot of clarity about the appearance of the site and regarding the size 629 and scale of the buildings. There is nothing in the documents beyond what the building lot 630 coverage is at 41,158 sq. feet, multiple that by 3 because there are two three story buildings., 631 that is a total of 123, 474 sq. feet of building area. Technically you can discount the parking level 632 as not floor area, but it does contribute to the volume of the buildings. The Marketplace has 633 158,814 sq. feet, sO this development is only shy of that by 30,000 sq. feet. The square footage 634 per acre of the marketplace is 8,766 square feet per acre. The square footage of this site based 635 on what they have proposed is 17,740 square feet per acre. You are doubling the density of 636 maybe the nearest benchmark within the town, and Ithink it's important to mention that and 639 Town Attorney Lauren Arizaga-Womble asked the board if there was anything not mentioned in 640 the deliberation portion that contributed to the motion, it would be helpful to include that. 642 Chairperson Ward stated the wastewater situation from a water quality standpoint and 643 environmental quality standpoint became the main issue but before that, it would be the 50ft 644 setback on the east side that the applicant is not in favor of, wastewater all phases including  621 rejection of the special use permit and site plan.  622  625 DiBernardo. Chairperson Ward called for discussion.  626  637 put that on the record.  638 641  Southern Shores Planning Board-November 20, 2023/pg. 14    645 the covenant issues, the traffic study requirement, storm water issue with all this fill and what 646 will be the repercussions of doing all that, the use of Landing Trail which has been answered by 647 the applicant, Dominion Power 701 ft powerline easement questions, and the marina which not 650 Vice Chairperson DiBernardo stated the Land Use plan comes into effect here and does it 651 conform with the Southern Shores Land Use Plan. He is very skeptical as far as from the initial 652 look at it. He further stated he knows he has belabored this before, but the covenant requires 653 50 or 18,000 gallons. If you want to change the covenant in North Carolina it's a 67% vote to 654 change a covenant, that's the regulation in North Carolina. The covenant would need to be 655 straightened out, what is the requirement, and there is no word minimum as stated by the 656 applicant's attorney. Mr. DiBernardo stated the other items for him were the 50-foot setback 657 and wording such as, "iffeasible", is concerning and needs stronger clarification. 659 Planning Board Member McClendon stated his concerns consisted of thei issues with the wastewater 660 treatment plant which has not been satisfied, the use as proposed would not conform with the town's 661 land use plan, nor would be compatible with the area in which it is located. There isa a lower density 662 residential area adjacent and therefore the massing oft the buildings, al huge bar blocking the view from 663 the road oft the waterwayi is not compatible with that area. Breaking that project up into smaller pieces 664 that doesn't look like a Comfort Inn SO that there is light and air and views through there, and having the 665 sizes of the oft the buildings somehow reflect the adjacencies which is residential both in Martin Point 668 Planning Board Member Collins stated the density for that area and the wastewater treatment plant 670 Chairperson Ward read his motion once more, MOTION to reject the Special Use Permit 23-01 and 671 accompanying site plan submitted by the applicant Ginguite, LLC, Seconded by' Vice Chairperson  648 allowed. 649  658  666 and in Southern: Shores Landing. The project is not compatible with the area.  667  669 issues were her concerns.  672 DiBernardo. The motion passed unanimously 5-0.  673 Public Comment  674 -An unnamed resident thanked the Planning Board for looking out for their community.  675 677 None 678 679 Announcements 681 682 Adjourn  676 Planning Board Member Comments  680 Planning Director Haskett stated the next regular meeting willl be held December 18th at 5:00 p.m.  683 Motion to adjourn the meeting by' Vice Chairperson DiBernardo, Seconded by Planning Board Member  684 Lawler. The time was 7:31 p.m. The motion passed unanimously.  685 686 ATTEST:  687 gony dBiBmamsk 688 Tony DiBernardo, Vice Chairperson  Town Clerk  Sauthern ShorePlànning Board-November 20, 2023/pg. 15  G