Chilmark Planning Board
Minutes of the Meeting, 15 November 2004
Present: W. Meegan - Chair, M. Posin, E. (Tip) Kenyon, R. Osnoss, R. Walton, J. Flender, D. Cini
Absent A. Dietz
Also Present: Walter (Terry) Meinelt, Deborah Hancock (Realtor)
Chairman William Meegan opened the meeting at 4:30 PM.
1. This meeting was called to resolve questions on the application of the Rate of Growth bylaw to the releases available to Terry Meinelt for the Mayhew - South Road subdivision, which was approved in December 2003.
Mr. Meinelt had three main questions:
a. Why does he not qualify for an extra release under § 7.0E of the Zoning By-Law?
b. When is his Letter of Credit to be released ? And,
c .Is he really responsible for the well and the septic plan on the Homesite Lot ?
Chairman Meegan said the Board agreed that Terry had in fact qualified for the “7.0 E” extra release, as the subdivision is (intentionally) low density, being less than 75% of the potential and covenanted against further subdivision. This was a pleasant surprise to Mr. Meinelt, who stated he had been told he did not qualify for an extra release. He expressed dismay at the process and about mis-information he felt he had experienced. He reported that at least one sale had fallen through because he could not show a release of the lot.
Mr. Meinelt was told that the Board had voted, at the last meeting, to release the Letter of Credit in its entirety; the process had been started. Mr. Meegan read the minutes of that meeting to substantiate the statement
There was discussion of the note from Fire Chief Norton, which said the water supply was adequate, piping and well satisfactory, but that there were some modifications of the access desired. It was voted to accept the report as an approval, as only minor changes are needed - repositioning of railroad ties to change the shape of the fire-truck parking area
Terry asked where is it written that the has to do the well and septic plan ? He was answered that it’s in the Bylaws {Editorial Note: The actual citation is §§ 4.03 and 4.04 of the Subdivision Rules & Regulations.} He complained that it would have been easier (and cheaper) to have the work done with the rest of the subdivision, had he known he was responsible.
Terry complained that in order to do a well (and get a septic plan approved) he would in fact have to build the road -across his own lot, reducing its value - and might as well put in the cables in the process. This is contrary to specific language in the covenant which states that the driveway and cable utilities are the responsibilities of the recipient of the Homesite. . After discussion , it was agreed that if Terry does the installation, payment of those expenses by the recipient should be included in the P&S agreement.
Terry expressed some discontent with the Homesite Guideline qualifications. He repeated his desire to provide a lot for someone teaching at the Regional High School. He also objected vigorously to the fact that a townsperson whose family owns a quantity of land in Town is on the approved list. It was agreed that the system is not perfect and may warrant review, but that there was a hard fight to get the Bylaw passed, and a strong Chilmark preference was an essential component of the process.
>>Terry was asked whether he intended to pick the recipient - he does. He will be in contact with Deb Cini.
>>It was agreed and voted that Terry has, to date, qualified for three lot releases, one of which has already been transferred to Mr. Steves.
>>It was agreed and voted that the road and fire-suppression water supply are approved.
>>When asked, Terry asked for an immediate release of Lot Two; this was approved, to be prepared and signed ASAP.
>>Terry and Ms. Hancock are to inform us as to which other lot is to be released.
The meeting was adjourned at 5:50 PM
Respectfully submitted,
Russell Walton & Deb Cini
| 
