Development Applications Board Minutes - Wednesday, 8 May 2019

Notice type
Government Notice
Public Notification
Notice ID
GN0633/2019
Public Authorities / Department
Planning
Publication date

Development Applications Board  Minutes

 

 

Minutes of a meeting held on Wednesday, 8 May 2019, at 8:45am at the 5th Floor, Dame Lois Browne-Evans Building, 58 Court Street, Hamilton HM  12.

 

PRESENT:

Mrs. Wendy Dunne (Acting Chairman) Mrs. Alice Lightbourne (Board Member) Ms.  Cynthia  Millett  (Board  Member) Ms. Charlita Saltus (Board Member) Corporation of Hamilton Representative Chief Fire Officer, ex-officio

Corporation of St. George Representative  Ms. Victoria Pereira (Senior Planning Officer) Mrs. Tamsyn Doran  (Planner)

Mrs. Dolores Beraldo-Vasquez (Planner) Mr. Maceo Dill (Assistant  Planner)

Mr. Paul McDonald

Ms. Cheryl Wright (Administrative  Assistant)

 

APOLOGIES:

Mr. Dexter Johnston, Chairman (off Island) Mr. Denis de Frias (off  Island)

Mr. Wayne Dill (off Island) Mr. Dalton Brangman

 

APPLICATIONS

 

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  1. BLACK,  Lyndon

1 Curving Avenue, Pembroke

Demolish Existing Cottage. Proposed Mixed Use Building with Basement Storage, 1st  Floor Auto Service Garage, 2nd Floor Office and 1 Residential Dwelling Unit (1 Unit   total).

 

P0431/18 

Type: Final                     Decision: Approve

Planner: Maceo Dill

 

 

Discussion: The technical officer presented the application details to the Board. The Board resolved to support the technical officer's recommendation of approval with an added condition stating the proposed parking must meet the Draft Bermuda Plan 2018 standards, reducing proposed parking to 9 spaces. The Fire Department stamp must be included with the Building Permit application submission.

 

The Board RESOLVED:

To approve the application, as received 12 December, 2018 subject to the following condition(s):

  1. The development hereby permitted shall begin before the expiration of 2 (two) years from the date of this permission.
  2. For the avoidance of doubt the consent hereby granted is for planning permission only. Prior to the commencement of building operations a separate application for a building permit that is in compliance with the applicable Building Code must be  made and approved.
  3. A Construction Methodology Plan containing details of (e. g. temporary construction access/ neighbours' permission for grant of access/delineation of any required  staging and storage areas/construction of related encroachments onto adjoining properties/potential negative impacts on adjoining properties during construction)  and the proposed mitigation measures, shall be submitted to the Department of Planning for review and approval prior to the submission of a building permit application.

 

 

 

 

  1. In the interest of the visual amenity, the hereby approved wall(s) shall be erected with Bermuda stone, faced with Bermuda stone or plaster rendered prior to the issuance of a Certificate of Completion and  Occupancy.
  2. In the interest of visual amenity, there shall be no deposition or storage of excavated material on site and all excess unused material shall be removed from the site    during the course of building operations and prior to the issuance of a Certificate of Completion and Occupancy.
  3. In order to avoid the discharge of surface water onto the public road, provision shall be made for the control and disposal of storm water within the curtilage of the application site. Such measures shall be provided prior to the issuance of a  Certificate of Completion and  Occupancy.
  4. In the interests of visual amenity, the entire site subject of this application shall be landscaped in accordance with the hereby approved plans prior to the issuance of   a Certificate of Completion and Occupancy. Any trees or shrubs shown on  approved plans which are removed, which die or which become seriously diseased or damaged shall be replaced by trees and/or shrubs of similar pot size, growth   size  and species to those originally required to be  planted.
  5. Parking and maneuvering spaces for 16 cars and 7 cycles shall be established for use in accordance with Policies TPT.20 and TPT.25, Chapter 12 of the Draft Bermuda Plan 2018 Planning Statement, prior to the issuance of a Certificate of Completion and Occupancy.
  6. Prior to the issuance of a Certificate of Use and Occupancy Permit, appropriate signage relating to the one way vehicular system as shown on approved plans shall be installed.
  7. The plans associated with the building permit submission shall identify the specific area of the repair garage level to be designated for restricted waste   items.
  8. For the avoidance of doubt, the use of the hereby approved access located in the northeast corner of the property is restricted to employee service access   only.
  9. The building permit plans must identify a slope in the grade of the repair garage floor level and location of a below grade collection pit for waste oils for the review and approval by the Department of Planning in conjunction with the Department of Environment and Natural  Resources.
  10. The building permit submission must include appropriate documentation to confirm that the Corporation of Hamilton has provided authorization and confirmation of the sewer connection to the  site.
  11. The proposed parking must meet the Draft Bermuda Plan 2018 standards, reducing proposed parking to 9 spaces. The Fire Department stamp must be included with the Building Permit application  submission.

 

 

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2.        WARWICK  ACADEMY,

87 Harbour Road, Warwick

Proposed Marine Science Lab Building, Pergola and Deck, Access Path, Parking (for 1 Car), Access Stairs, Storage Room, Classroom and Changing Room, Installation of a Closed Septic System, Saltwater Lab System and Eco-garden with Associated Landscaping.

 

P0399/18 

Type: Final                     Decision: Approve

Planner:  Dolores Beraldo-Vazquez

 

 

Discussion: The technical officer presented the application details to the Board. The Bermuda Fire Service asked whether they had been consulted when the application was submitted? The technical officer confirmed she had discussed this with the agent.  The agent had submitted   a

 

 

 

 

copy of the fire certificate associated with the main school building and was advised to consult with the BFRS to see whether it was applicable to the proposed development or a separate   one needed to be issued. There is no evidence this occurred. The Board resolved to support  the technical officer's recommendation to approve the application with an added condition that  a Fire Department Certificate must be submitted with the building permit   application.

 

The Board RESOLVED:

To approve the application, as received 19 November, 2018 and revised 27 March 2019, 8   April

2019 with additional information received 3 May 2019, 6 May 2019 subject to the following condition(s):

    1. The development hereby permitted shall begin before the expiration of 2 (two) years from the date of this permission.
    2. For the avoidance of doubt the consent hereby granted is for planning permission only. Prior to the commencement of building operations a separate application for a building permit that is in compliance with the applicable Building Code must be  made and approved.
    3. If during construction a previously undetected cave is discovered, the applicant shall cease all construction operations and immediately contact the Departments of Planning and Environment and Natural Resources to re-evaluate building options   and agree on a suitable course of action. Construction operations shall not recommence until the approved option has been agreed in  writing.
    4. The hereby approved Conservation Management Plan shall be substantially implemented prior to the issuance of a Certificate of Completion and Occupancy.     A request for inspection of the plantings/works undertaken shall be made in writing  to the Department of Environment and Natural Resources and copied to the Department of Planning. Approval of the inspection will be required prior to the issuance of a Certificate of Completion and Occupancy. If any trees or shrubs  shown on approved plans are removed, die or become seriously diseased or damaged, they shall be replaced by trees and shrubs of similar size and species to those originally required to be  planted.
    5. In the interest of the visual amenity, the hereby approved wall(s) shall be erected with Bermuda stone, faced with Bermuda stone or plaster rendered prior to the issuance of a Certificate of Completion and  Occupancy.
    6. In the interest of visual amenity, there shall be no deposition or storage of excavated material on site and all excess unused material shall be removed from the site    during the course of building operations and prior to the issuance of a Certificate of Completion and Occupancy.
    7. Prior to the issuance of a building permit, plans stamped and certified by a Registered Structural Engineer shall be submitted to and approved by the Ministry of Public Works Structures  Section.
    8. The Building Permit application must be accompanied by plans stamped by the Bermuda Fire and Rescue  Service.
    9. A Construction Methodology Plan containing details of (e. g. temporary construction access/transportation management/potential negative impacts on adjoining  properties during construction) and the proposed mitigation measures, shall be submitted to the Department of Planning for review and approval prior to the submission of a building permit  application.

 

Advice Note:

The Board wishes to advise that a Protected Species Licence will required to be obtained from the Department of Environment and Natural Resources to hold any protected marine species in the  tanks.

 

 

 

 

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  1. ISLAND PROPERTIES LIMITED, 10 Marsh Lane, Devonshire

Proposed Subdivision to Create 3 Additional Lots (total of 4   Lots).

 

 

S0032/18 

Type: Final                     Decision: Defer

Planner: Paul McDonald

 

 

Discussion: The technical officer presented the application details to the Board. The Bermuda Fire & Rescue Service Officer expressed concern that the Bermuda Fire & Rescue Service    had not been consulted prior to submission of this application. His concern was   specifically

over the size of the access road to the new additional lots. He felt that the 12ft wide road would not allow emergency vehicles suitable access in the event of a fire and recommended that 14ft should be required.  Technical officers advised that the current application is for subdivision    only and any subsequent DAP1 application would require prior approval of the Bermuda Fire & Rescue Service, therefore the access could be widened at this time if necessary. The Board maintained the view that a plan of subdivision should not include a right of way of insufficient width.

 

The application was therefore deferred pending consultation with the Agent over this   issue.

 

The Board RESOLVED:

To defer the application, as received 26 November, 2018 pending further consultation with the agent/applicant on the access road

 

 

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  1. JENNINGS,  Sandra

Bartram Island, Mullet Bay Road, St. George's

Proposed In-Principle Application for a Single Storey, 2 Bedroom House with Garage, Water Tank, Cesspits, Porches and Hard Surfacing on Existing Causeway with Adequate Parking and Turnaround for Vehicles on  Island.

 

P0010/19 

Type: In Principle          Decision: Approve

Planner: Paul McDonald

 

 

Discussion: The technical officer presented the application details to the Board. The Board resolved to support the technical officer's   recommendation.

 

The Board RESOLVED:

To approve the in principle application, as received 9 January, 2019 subject to the following condition(s):

  1. The development hereby permitted shall begin either before the expiration of 2   (two) years from the date of this permission, or the expiration of 2 (two) years from the final approval of reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be  approved.
  2. Notwithstanding the fact that this application seeks in principle approval only, those details relating to siting and layout, site coverage, building height, building lines, access and parking provision are hereby approved. The Board reserves for its final approval all details, defined as reserved matters, relating to use, density of units, design, external appearance and  landscaping.
  3. The final development application must confirm that any proposed cesspit is sited at least 40 feet from the high water mark and have at least 4 feet of natural rock from its base to the high water mark (measured  vertically).

 

 

 

 

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5.        CLEARWATER  DEVELOPMENT, 90 South Road,  Warwick

Proposed 7 Unit Tourist Development with Associated Excavation, Landscaping and Sewage Treatment Plant (Building  9).

 

P0013/19 

Type: Final                     Decision: Approve

Planner: Paul McDonald

 

 

Discussion: The technical officer presented the application details to the Board. Concern was expressed by the Bermuda Fire & Rescue Service Officer that the Bermuda Fire & Rescue Service had not been consulted prior to submission of this application. Specific concern   related to the width of the access road and the inability of emergency vehicles being able to access the site. Technical officers presented a fire certificate application and the   approval

stamp of the Bermuda Fire Service on the plans of this application to the Board, confirming that the BFRS was, in fact, consulted prior to submission of the application. Technical officers also highlighted that the previous in-principal approval included details of the access road, so    cannot be revisited at this time, and stressed that the current application represents only a   minor intensification of this in-principal approval. The Board resolved to support the technical officer's recommendation to approve the application with a notation on the Planning drawings    to show widening of the road and a condition to indicate the widening of the   road.

 

The Board RESOLVED:

To approve the application, as received 9 January, 2019 and revised 29 January 2019, 27 February 2019 with additional information received 18 February 2019 subject to the following condition(s):

  1. The development hereby permitted shall begin before the expiration of 2 (two) years from the date of this permission.
  2. For the avoidance of doubt the consent hereby granted is for planning permission only. Prior to the commencement of building operations a separate application for a building permit that is in compliance with the applicable Building Code must be  made and approved.
  3. In the interest of visual amenity, there shall be no deposition or storage of excavated material on site and all excess unused material shall be removed from the site    during the course of building operations and prior to the issuance of a Certificate of Completion and Occupancy.
  4. In order to protect lands within the Coastal Reserve Conservation Base Zone, protective fencing no less than 4 (four) feet in height shall be erected prior to the commencement of building operations, as shown on the hereby approved plans. All protective fencing shall be retained in place during the period of building    operations. For the avoidance of doubt, there shall be no storage of construction materials or equipment within the Conservation Base Zone during the course of building operations.
  5. In the interests of visual amenity, the entire site subject of this application shall be landscaped in accordance with the hereby approved plans prior to the issuance of   a Certificate of Completion and Occupancy. Any trees or shrubs shown on  approved plans which are removed, which die or which become seriously diseased or damaged shall be replaced by trees and shrubs of similar size and species to those originally required to be  planted.
  6. The submission of a building permit application shall include all details associated with the septic tank which shall be a two compartment tank with treated effluent disposal via a sand filter or borehole. All details must be accompanied by written approval from the Department of Environmental and Natural Resources and the installation of the septic tank and sand filter/borehole shall be approved by that Department prior to the issuance of a Certification of Completion and   Occupancy.

 

 

 

 

  1. In order to maintain the stability of the proposed rock cut, a management plan for   the prevention of the growth of invasive species within 15 feet of the top of the rock cut, as indicated on the hereby approved plans, shall be submitted and approved prior to the issuance of a Certificate of Completion and Occupancy and  implemented thereafter.
  2. The submission of a building permit application shall include full details of the widening of the entire site access to at least 16 feet, as indicated on the hereby approved plans and must be accompanied by written approval from the Bermuda Fire and Rescue Service. The access widening shall be completed in accordance with the approved details prior to the issuance of a Certification of Completion and Occupancy for the permit associated with the hereby approved Building no.   9.

 

 

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6.        BRINCADEIRA  TRUST, 5 Mission Heights, Paget

Proposed Agricultural Storage Shed with Tank  Below.

 

 

P0099/19 

Type: Final                     Decision: Refuse

Planner: Tamsyn Doran

 

 

Discussion: The technical officer presented the application details to the Board. The Board resolved to support the technical officer's recommendation to refuse the   application.

 

The Board RESOLVED:

To refuse the application, as received  3 April, 2019 for the following   reason(s):

  1. Policy ZON.15 (2), Chapter 3 of the Draft Bermuda Plan 2018 Planning Statement   is not met in that the provisions of the Section 34 Agreement, associated with the   lot, are not met. Alternative locations, to accommodate all development, exist within the negotiated Residential 1 zoning which could easily accommodate a structure without encroachment. As such the proposal does not maintain, preserve or  enhance the agricultural integrity of the  land.
  2. Policy ZON.5, Chapter 3 of the Draft Bermuda Plan 2018 Planning Statement is not met in that development can easily be sited within the agreed Residential 1 zoning   to protect, preserve and carefully manage the conservation   area.
  3. Policy ZON.9 (3), Chapter 3 of the Draft Bermuda Plan 2018 Planning Statement is not met in that the development area does not impose an exceptional limitation on the size of the residential development. Further, the size of the development and its site coverage have not been kept to a practical minimum and the location and siting have not been designed to have the least impact on the conservation area and to retain good quality soil but rather will require a dedicated access which removes  even more agricultural land from the  site.
  4. Policy AGR.4, Chapter 21 of the Draft Bermuda Plan 2018 Planning Statement is not met in that the development can easily be sited within the development area beyond the boundaries of the  Reserve.
  5. Policy AGR.9, Chapter 21 of the Draft Bermuda Plan 2018 Planning Statement is not met in that an access already exists within the site at the eastern end which could provide access to a structure if sited within the development area negating the need for an additional access and further encroachment into the conservation area.

 

 

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7.        LINDO,   Donna

1 Tribe Road No 1, Devonshire

 

 

 

 

Proposal to Demolish Existing Building and Construct a New Mixed Use Development ( Single and Two Storey) for Residential (3 Units) and Light industrial Storage   Use.

 

P0071/19 

Type: In Principle          Decision: Refuse

Planner: Tamsyn Doran

 

 

Discussion: The technical officer presented the application details to the Board. The Board resolved to support the technical officer's recommendation to refuse the   application.

 

The Board RESOLVED:

To refuse the in principle application, as received 6 March, 2019 and revised 3 May 2019 for the following reason(s):

1.     The application does not comply with Policy RSD.42(2), Chapter 27 of   the Draft Bermuda Plan 2018 in that a new industrial development is proposed on the site which is zoned Residential 2 and is not  permitted.

 

 

 

ANY OTHER BUSINESS

 

 

 

P0299/18 - P0299/18

Mr. Odwin Berkeley Jr.

22 Sound View Road,  Sandys

 

The technical officer presented the deferred application details to the Board. One member     asked for the comparable sizes to be clarified.  The Technical Officer confirmed this is a vacant   lot of land zoned Coastal Reserve. Once the lot structure was confirmed, the agent was advised the lot could either be developed with an accessory structure with a maximum site coverage of  250 square feet or a recreational cottage with a maximum of 600 square feet.  The application  was revised to a recreational cottage with a proposed site coverage of 440 square feet, larger   than the initial studio unit proposed at 290 square feet. The Board resoved to support the  technical officer's recommendation to approve the application with an added Advice Note which states "The applicant shall consult with the Ministry of Public Works to obtain the required permission for trenching across a public  road."

 

 

 

 

 

                                                                                          CHAIRMAN

 

 

 

                                                                                          CONFIRMED

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