BOX 1447, OAK BLUFFS, MASSACHUSETTS, 02557, 508-693-3453,
FAX 508-693-7894 [email protected] WWW.MVCOMMISSION.ORG
Martha's Vineyard Commission
DRI # 619 Igreja Evangalica Assemblia De Deus
MVC Staff Report – 2008-11-03
Note: New information is printed in bold type.
1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
DESCRIPTION
Applicant: Igreja Evangalica Assemblia De Deus
Project Location: 60 Pacific Avenue, Oak Bluffs Map 11 Lot 272 (29,400 sf, 0.67 acres)
Proposal: To renovate an existing one-story 4,669 sf industrial building and convert it into a
church.
Zoning: R-1 Residential. The previous pre-existing non-conforming use as a truck service and
repair shop has expired since it has not been used as such in the past two years and must revert to
R-1 zoning.
Local Permits: Building Permit; Possibly Wastewater Commission approval for tying into
Wastewater Treatment Facility.
Surrounding Land Uses:
Project History: The original building was built in 1960 by Rogers Trucking. The building is
4,669 sf (5,634 sf with loading platform and canopy). The building predated zoning and was a
pre-existing non-conforming use. Frank Fenner bought the building in 1989. His tenant, BFI, took
over the transfer station located at the Oak Bluffs dump and used this site to service and park their
trucks. Neighbors sued the owner of the building and BFI for operating a commercial/industrial
business in a residential area. The building has been unused for several years.
Project Summary: To renovate an existing one-story 4,669 sf industrial building (5,634 sf with
loading platform and canopy) and convert it into a church. The footprint of the building would not
be changed. The Applicants are proposing a multi-phase project beginning with landscaping and
screening. Church Services will be limited to no more than 4 regular church activities (with 25 or
more people) per week. In any month there may be one additional special activity (e.g. Weddings,
visiting pastors, etc.) with 25 or more people. These activities would be limited to between the
hours of 9:00 AM and 10:00 PM. Choir practice, religious school, and other church related
activities of less than 25 people would not be limited in the number of times they meet but would be
limited to between the hours noted above.
2. ADMINISTRATIVE SUMMARY
2.1
DRI Referral: Oak Bluffs Building Inspector
2.2
DRI Trigger: 3.601. Any development which proposes the creation of a health, recreational or
educational place of assembly, or governmental or other publicly owned or quasi-publicly owned
facility of 2,000 square feet or more and which is designed to serve the residents of more than one
Town.
2.3
Pre-Application meeting with staff: July 24, 2008
2.4
LUPC: August 18, 2008
2.5
Site visits: October 16, 2008
2.6
Public Hearing: October 16, 2008.
DRI # 619 – Igreja Evangalica Assemblia De Deus
Staff Report
2008-11-03
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3. PLANNING CONCERNS
3.1
Some Key Issues
- The services occur mainly at night and incorporate amplified music. Other recent similar
churches have impacted their neighborhoods with late night activity.
- Traffic increases before and after services will impact the neighborhood street network.
- The property and building has been the subject of lawsuits in the past.
3.2
Environment
• Vegetation: Currently the site is either built upon or paved and unpaved parking. There are
some volunteer trees on the edges. The landscaping plan would soften the site considerably.
• Habitat: This is not an NHESP Habitat.
• Landscaping: The landscaping plan shows 10 street trees (Honey Locust) to be planted along
Pacific Avenue and a large number of shrubs (including Ink berry, Switch Grass, and Joe-Pye
Weed) around the south, east, and northern perimeter. Red Maples and Red Oak would also
be planted along the perimeters and in the parking area. A small (4’ high) fence would be built
5 feet in from the property boundary and planted on both sides to screen parking areas.
• Open Space: The Plan shows an area on the corner of Sea View Street and Perkins Avenue
that would be a lawn area that is currently paved.
• Lighting:
o All exterior lighting on the building would be limited to as required by code.
o All exit doors will be provided with downward shielded lights and will be limited to Exit
doors or all necessary Means of Egress, as required by Code.
o All exterior lighting locations are depicted on the Lighting Plan, all the lighting in the
parking area will be downward shielded and will extend no more than 36 to 42 inches
above the ground.
• Noise:
o Other recent similar churches have had noise issues with their neighbors.
o This site is in a densely settled largely year-round neighborhood.
o The Church Services include 4 regular church activities per week with one Special Activity
per month. The Church hours would be limited to between the hours of 9 AM and 10 PM.
They have offered that after closing (at 10 PM) there shall be no outdoor socializing and
participants will be asked to disperse quickly and quietly.
o The Church does have amplified music, choir practice, religious school, and other church
related activities with less than 25 participants that will not be limited in the number of times
they meet but shall be limited to between the hours of 9:00 am to 10:00 pm.
• Hours of Operation: A typical Weekly Schedule for the Igreja Evangelica Assembleia De
Deus Semear is as follows:
Summer and Winter
o Church Services- Thursday, Sunday
7-10 pm
o Service Rehearsals- Friday, Saturdays7-10 pm
o Additional Church Activities:
• Monday - Services with prayer - 20 People
• Sunday- Bible School, Adult- 35, Children- 10
9-11:30 am
o In Addition, The Church contemplates 4 additional special events in a year, which include
Weddings and Church Anniversary.
DRI # 619 – Igreja Evangalica Assemblia De Deus
Staff Report
2008-11-03
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Signage:
o The Church sign will comply with the Oak Bluffs Zoning sign regulations.
o Lighting used to illuminate the sign will be downward shielded and turned off immediately
after the services.
Energy/Sustainability:
o The Church will use Energy Star rated Appliances.
o The Church will provide conduits roughed in for future solar hot water and solar electric
panel installations on the roof.
o All new construction will be provided with Sprayed Icynene insulation, above that required
by Mass Building Code, thus decreasing heat loss and noise pollution.
o The design provides glazing in the south façade to capture solar gain.
Water: Town Water.
Wastewater / Stormwater:
o Note: the number of seats has been raised from 115 to 125 since Bill Wilcox went on
vacation and the numbers will have to be adjusted.
o The Church is located at the old BFI site, a 0.67 acre site. The elevation at this site is
approximately 30 to 40 feet. Soil type throughout the area is Carver loamy coarse sand,
an extremely well-drained soil.
o The site is located in the Oak Bluffs Harbor watershed. This water body is nitrogen sensitive
and has a calculated nitrogen load limit of 8.3 kilograms per acre per year at this time.
On this site the load allocation is 5.6 kilograms per year.
o The site is also cut by the Zone of Contribution for the Farm Neck well with
about 40% of the lot in the Zone and the remainder outside (as indicated
within the limitations of our maps). Depending on how this is addressed by
the health regulations, the wastewater flow allowed may be limited.
o The probably wastewater flow for a proposal of this sort is not easily
determined. There are several approaches:
1. The Church has proposed a capacity for 125 parishioners. The Title 5
design flow for a facility of this size with a kitchen would be 750
gallons per day. The actual flow will average considerably less than
this amount and depends on the number of services and the number of
days the facility is in use. We have used 60% of the Title 5 design flow
as an estimate for projects in the past. This would be 450 GPD and
would exceed our loading limit with or without treatment.
2. For World Revival Church, we estimated a wastewater flow of 230 GPD
and a nitrogen load of 11.1 kilograms from wastewater. World Revival
had a 200 seat capacity. A proportional flow from the proposed facility
without treatment (6.9 kilograms) would exceed our nitrogen limit. If
the wastewater were denitrified, the load would be about 3.8 kilograms
per year. NOTE: This does not include nitrogen from runoff and
landscaping.
3. The pre-existing use included office and refuse handling. The total floor
space is 4669 square feet. An office of this area would generate a
wastewater flow of 350 GPD. If treated, 60% of this design flow would
DRI # 619 – Igreja Evangalica Assemblia De Deus
Staff Report
2008-11-03
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•
just meet our guidelines. NOTE: This does not include nitrogen from
runoff and landscaping.
4. Actual water usage has ranged from 18,000 gallons per year in 2003
down to 3000 gallons in 2006. These figures are not useful as it is
likely that the new use will exceed these readings.
o If the entire parcel were within the Zone 2, it would be limited to a daily
design flow of 321 gallons per day.
o The Wastewater Commission has told the Applicant that they will not make a determination
at this time until the High School Leaching Field situation is resolved.
o If the Applicant can not connect to the Oak Bluffs Wastewater Treatment Facility they would
install a new Title V Septic with de-nitrification if necessary.
o The old system is a cesspool that will either be removed or filled with sand and gravel as
directed by an engineer.
o The Applicant has hired Sourati Engineering to design an onsite wastewater treatment
system in the event that the Town does not allow them to hook up to the treatment facility.
Storm water:
o The Applicant has proposed leaching basins for the portion of the property that is paved
and grading the gravel parking area to discharge to the vegetation.
o Roof runoff should be kept separate from parking area runoff and discharged to either dry
wells or to vegetated swale sufficient to handle the flow.
o Nitrogen in runoff is estimated at 0.4 kilograms/year from a 5515 square
foot roof with runoff going to dry wells.
o Nitrogen in runoff from 5,250 square feet of paved parking would add
another 0.8 kilograms per year. If this were treated by flow into a
shaped, vegetated area sized to handle a 25-year return storm the nitrogen
load would be reduced to 0.4 kilograms.
o The RAP surfaced parking area (estimated at 10,500 square feet) would
add 1.1 kilograms of nitrogen if not treated by vegetation and 0.6
kilograms if treated in a vegetated swale.
o These are estimates as I do not have exact figures for the parking areas.
Wastewater flow calculated in 2
3.8
Storm water load (only unpaved area treated)
1.8
TOTAL LOAD
5.6 kg.s
o
o
o
o
This load meets our guideline for this property.
If all parking area storm water is treated by a vegetated swale, the
nitrogen load would total 5.2 kilograms that also meets our guideline.
These figures are subject to revision based on changes in the parking
areas.
Because of the unknowns in the wastewater flow, I would recommend that
a significant portion of the storm water runoff be treated in a vegetated
swale or other properly designed and sized vegetative treatment. A storm
water plan showing how the system will work, grading to create an
appropriate swale and what the plant materials will be is needed. The
plan should show that the system is capable of handling a 10 year return
storm and how close it can come to a 25 year design storm.
DRI # 619 – Igreja Evangalica Assemblia De Deus
Staff Report
2008-11-03
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3.3
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3.4
Transportation
Traffic Study:
o The traffic study was prepared by Terrain Associates Architects and submitted today.
Access:
o The currently open access situation would be fixed by creating two curb cuts off of Pacific
Avenue on either side of the building.
Traffic Summary:
o The old use was a truck storage and repair facility.
o Terrain Associates conducted manual car counts this month at Igreja Evangalica Assembleia
De Deus Semear (at their present location in the Christian Science Center on New York
Avenue in Oak Bluffs), the Vineyard Assembly of God (State Road in Tisbury) and the
World Revival Church (Edgartown-Vineyard Haven Road in Oak Bluffs).
o On Sunday September 28 between 6:00 pm and 9:45 pm at the Christian Science located
on New York Ave, Oak Bluffs, where the church currently practice they counted 36 cars
with 85 parishioners
o On Sunday October 5, 2008 at the Vineyard Assembly of God between 9:30 am to 1:00
pm they counted 28 cars with 60 parishioners.
o On Sunday October 5, 2008 at the World Revival Church, located on Edgartown-Vineyard
Haven Road, between 7:00 pm to 10:30 pm they counted 64 cars with 150 parishioners.
o Traffic counts on Pacific Avenue have not been conducted yet but traffic appears light.
o All intersections in the study area generally operate at a LOS A at peak hours, and are
expected to remain at that level in both the “build” and “no-build” scenarios, even
considering a 20% increase in traffic over ten years.
Impact Analysis:
o Pacific Avenue experiences low traffic in peak season and delays in the area are minor.
o The proposal would have an impact on traffic in the area before and after church services.
o Sight lines at the property are adequate.
Parking:
o The plans show 32 parking spaces.
o Oak Bluffs Zoning requires one space for every 25 seats. The Church capacity would be
125 people thus requiring 25 parking spaces.
o The amount of parking is slightly less than the number of cars that were counted at the
Christian Science site on September 28 Services.
o The Applicant notes that there are 70 public parking spaces in parking lots within close
walking distance to the Church that may be available due to different hours of use.
However, this could affect noise issues in the residential neighborhood.
o In addition, there are 12 spaces available on the church lawn for overflow.
Public Transit:
o The site is near a V.T.A. bus route
o The Church has offered to promote the use of Public Transit by providing VTA passes,
institute a Car-Pooling /ride sharing program, and instruct its members that no vehicle
parking is allowed on neighboring residential streets.
Affordable Housing
ƒ The MVC has had an unwritten policy not to apply the Affordable Housing Policy to religious
and government institutions.
DRI # 619 – Igreja Evangalica Assemblia De Deus
Staff Report
2008-11-03
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3.5
3.6
3.7
Economic Impact
ƒ The proposed project by a religious organization will exempt the property from the Oak Bluffs'
property taxes.
Scenic Values
ƒ Streetscape:
o The proposal is to renovate the existing building and landscape. The architects have
said the process would begin with landscape improvements including vegetative
screening.
o The proposed landscaping will be an improvement over the existing derelict situation.
ƒ Building Massing:
o The existing 4,669 sf building (5,634 sf with loading platform and canopy) was built in
1960. It is 115 feet long and 35 feet wide at the street with a 13’ by 65’ covered
loading dock on the south side.
o The proposal is to renovate the existing building and enclose the covered loading dock
resulting in a 5,515 sf building.
ƒ Architectural Detailing:
o The existing building has wood shingles with a gable roof with asphalt shingles. The
wall heights are 12 feet high.
o The proposed renovation has been designed by Terrain Associates Architects.
ƒ A.D.A. Accessibility
Local Impact/Abutters
ƒ The services occur mainly at night and incorporate amplified music. Other recent similar
churches have impacted their neighborhoods with late night activity.
ƒ Traffic before and after services will create a traffic bubble in the neighborhood.
4. CORRESPONDENCE – NO CORRESPONDENCE HAS BEEN RECEIVED YET
4.1
Town Officials:
4.2
Island Organizations:
4.3
Public:
• Ami Sinclair has written a letter with concerns about aesthetics, traffic, hours of operation, and
noise.
• Brian Weston has written two letters with concerns about a place of assembly in a residential
neighborhood; the amount of parking; late night hours of operation; amplification of music; the
commercial kitchen aspect; the property being in the Oak Bluffs water supply Zone of Contribution;
the potential occupancy due to no fixed seats; an ancient way that runs through the property; day
care issues; and the prior history of the building and site including environmental contaminants.
• Irene Widman has written with concerns about noise, traffic, the impact on the neighborhood
and also cited the long legal fight the neighborhood with the previous industrial use.
• Kevin Parham has written with concerns about noise and traffic and how they would drastically
alter the residential neighborhood.
DRI # 619 – Igreja Evangalica Assemblia De Deus
Staff Report
2008-11-03
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