Planning Board Minutes
Of
The Pepperbush Farm Trust Public Hearing
June 13, 2005
Present: William Meegan-chair, Janet Weidner, Russell Walton, John Flender, and Edward Kenyon and Deborah Cini, acting administrative assistant.
Public: Craig and Deb Wiggins, Juan Loveluck and Doug Sederholm.
Absent: Mitchell Posin and Richard Osnoss.
The minutes of June 9, 2005 were approved with one typographical change.
William Meegan opened the Public Hearing at 4:30p.m.
William Meegan opened the meeting by reading the classified ad/posting into the minutes. (See attached) The Plan dated March 15, 2005; AP 13-6.1 shows the ±20.2 acres lot divided into two parcels. Lot 1-A has ±3.2 Acres and lot 2-B has ±17.0 Acres. Lot 1-A has an existing dwelling and swimming pool. Lot 1-B has marked wetlands and two building envelopes on it. One building envelope is located to the North East and is irregular is shape. The other building envelope is located to the South West and is shaped like a 50' x 150' rectangle.
The Chilmark Board of Health has written a letter to the Planning Board notifying that it has denied the North East building envelope on lot 1-B.William Meegan read into the minutes the Board of Health letter denying the building envelope. William Meegan also read into the minutes the letter from Craig Wiggins dated March 4, 2005. The Planning Board has decided that this will be continued as a new application.
Mr. Wiggins would like to retain the area of the denied building envelope for future consideration when new technology becomes available for the septic system. Mr. Kenyon replied that the Wiggins are not forbidden from coming back for a plan modification. Mr. Meegan stated that the board couldn't approve the current plan with two building envelopes especially since the BOH has denied one of them.
Mr. Meegan read Phil Lawrence & Sarah Creighton's letter of June 12, 2005 into the minutes. They are abutters on parcel 6.4. Mr. Meegan also read Juan Loveluck's letter of June 10, 2005 into the minutes. He is an abutter on parcel 6.2. Mr. Meegan then inquired if there were any comments on the letters or comments in general. There were none.
Doug Sederholm advised the board that the Town of Chilmark hired him recently to review the Zoning Bylaws. Tim Carroll hired him and his duties have been completed. He asked whether there was anyone present who believes that there is any conflict of interest. There were no objections noted. Mr. Sederholm, acting as attorney for Juan Loveluck, stated concerns with the current proposal that the proposed building envelope is an infringement onto Mr. Loveluck's privacy. He said that this lot when subdivided by Mr. Page was left at 20+ acres since most of the land is wet and unbuildable. There is no proposed screening to shield Mr. Loveluck's property from the site of the house. The existing driveway runs through the Building Envelope. The existing well on Mr. Wiggins property has been a problem for Mr.
Loveluck since his well has run dry once in the past when the swimming pool was being filled and the new building would use that well. There should be no guesthouses allowed on lot 1-B. This same proposal was made a year ago to Mr. Loveluck and was turned down then. Mr. Loveluck also requests a no cut zone between the Building envelope and his property. Mr. Loveluck strongly opposes this subdivision.
There were no comments on Mr. Sederholm's statements. Mr. Meegan addressed the Wiggins and questioned as to how do the Wiggins propose to build in a rectangle with a driveway already going through it? Where is the other proposed driveway? The driveway is not on the Plan and would need to be added. Mr. Wiggins stated that he is willing to amend the Plan to make it conform to what is needed. Mr. Loveluck stated that the driveway might need to be surveyed since it has changed and is not consistent with this plan. Mr. Wiggins and some of the Board member agreed that the driveway is not as shown on the plan.
Mr. Kenyon stated that he would like to see a condition of no guesthouses on lot 1-A.
Mr. Wiggins stated that he would like to have a guesthouse on lot 1-A and there are places on the property to build one. The board agreed that there would be a restriction of no guesthouses on both properties.
Mr. Walton stated the need for safe access to all properties is a legitimate, statutory concern of the Planning Board. All waterways must be shown and are not on the Plan. Specifically, Roaring Brook needs to be placed on the Plan.
Also there will need to be two new wells. Mr. Sederholm stated that the two existing wells are only 34 feet apart. The board agreed there should be two new wells placed.
The Page subdivision was reviewed to see if building envelopes were placed on all lots. There was none on the larger lot which already had a house, and at that time a green house, but there were on each of the smaller lots. By the requirements of the original subdivision all traffic must be routed over the 40 foot ROW.
Mr. Meegan stated that this plan is missing an impact statement and there are many other issues with this plan. It is not in the Wiggins best interest to have a building envelope there and it may affect the salability of the property. Mrs. Wiggins stated that they did leave a buffer of trees and that the cutting got out of hand. She also stated that she does think building envelope is workable. She also stated that they are willing to accept a no cut zone.
The option of a swimming pool on lot 1-B was discussed and Mr. Kenyon stated that a restriction on swimming pools, and also tennis courts on lot 1-B should be in place.
The wells were discussed. The wells need to be brought into conformity as of present. Right now both wells are ±20 feet off of each property line and ±50 feet apart. The wells would have to be 30 feet from the property line.
Mr. Meegan stated Glen Provost should come in and the following changes should be made to the Plan:
Driveways shown on both lots 1-A and 1-B.
Remove the NE Building Envelope.
Insert Roaring Brook
Cement boundaries are to be placed on each corner of the 1-A lot for a total of seven CB.
There is to be a no cut zone on the lot 1-B between the Building Envelope and Mr. Loveluck's property.
No cut zones on the SW and SE of the 1-B Building Envelope to screen both the Creighton-Lawrence and the Loveluck Homes.
No guesthouse on either lot.
No swimming pool on lot 1-B
No tennis courts
Exact measurement of the distance between the wells and appropriately sited replacement wells on 1A and 1B.
Mr. Wiggins requested a 10-foot work zone outside the building envelope for the construction of a house. Mr. Kenyon stated that at 10 foot cut zone for construction purposes could be possible. Mr. Walton stated that it is possible to construct without the 10-foot variance, but Mr. Wiggins countered that the digging for footings might require some intrusion.
Mr. Meegan advised the Wiggins' to come back with Mr. Provost, and a completed plan of the proposed subdivision. The hearing is to be open and continued until June 27, 2005. Mrs. Cini would get back to all parties with a time.
Meeting adjourned @ 6:32p.m.
Deborah Cini respectfully submits these minutes.
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