Planning Board Minutes
December 12, 2005
4:30p.m.
Town Hall
Present: William Meegan, Chair, Janet Weidner, Richard Osnoss, Russell Walton, John Flender, Edward Kenyon, and Deborah Cini, Administrative Assistant.
Public: George Rivera, Bernadette Beekman, Douglas Sederholm, Chief David Norton, Chuck Gilstead, and Glen Provost.
Call to Order:
Mr. Meegan opened the meeting at 4:30p.m.
Minutes:
The minutes of November 28, 2005 were approved with amendments.
Rivera Map 17 Parcel 21.1 Comprehensive Site Plan Review:
Mr. Gilstead and Mr. Rivera submitted another plan with a letter clarifying they are requesting permission for three dwellings on the 12.6 ± acre property. There is currently one dwelling that is to be removed and replaced with one dwelling with eventually a total of three dwellings on the property. There has been no precedent set with approving more than one dwelling at a time. Mr. Gilstead referred to the Subdivision Rules and Regulations section 1.03:
1.03 Planning Board Approvals
No person shall make a subdivision, within the meaning of the Subdivision Control Law, of any land within Chilmark, or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a Definitive Plan of such sub-division has been submitted to and approved by the Planning Board as required by these rules and regulations.
Not more than one building designed or available for use for dwelling purposes shall be erected or placed or converted to use as such on any lot in a subdivision for which a Definitive Plan has been approved by the Planning Board, and, to the extent consistent with applicable zoning ordinances, not more than three such buildings shall be erected or placed or converted to such use on any parcel outside such a subdivision, without the prior written approval of the Planning Board. For the purposes of this section, the word "parcel" means any tract of land under common ownership as of the effective date of the Subdivision Control Law in Chilmark (June 17, 1975).
Mr. Meegan stated this reads the Building Inspector can grant you three building permits as long as this is the same parcel of land that existed at the time of the adoption in Chilmark of the Subdivision Control Law . This is not the same parcel, of land since an ANR Form A was approved for the property on April 11, 2005. That is what dictates why Mr. Rivera needs to seek permission from the Planning Board for the three dwellings.
Mr. Kenyon raised the concerns of increased density as related to the condition of the Quansoo and Quenames Roads.
Mr. Kenyon stated the road is narrow with high embankments, gutters and trees up to the embankment. The road will have to be improved before he is comfortable with the increase in density. The only option is to build one house and decommission the other so there would be no increase in density.
Mr. Walton also stated concern with the safety of the road. He also stated Mr. Rivera is able to improve the road along his property but not the Handlin property without obtaining permission. Chief Norton would like to see 16 feet of clearance with the width of the road being 14 feet. This will provide for the fire apparatus to be able to maneuver within the road. Mr. Osnoss referred to the recent fire on Hewing Field Road with the fire department having difficulty bringing water to the property; the road was a factor, even though the way was an approved subdivision road.
Mr. Meegan stated for clarification, for this night's discussion, from South Road to the ocean is Quansoo Road and from the triangle south is the Quenames Road and we are addressing the "Quenames Road". Mr. Osnoss stated there is need of some road association to maintain the road.
Mr. Sederholm stated there is a road association (Quansoo Blackpoint Road Association) for the Quansoo Road but not the Quenames Road. The road association is responsible for maintaining Quansoo Road from South Road all the way to the Quansoo Beach Association parking lot. It is also responsible for maintaining Black Point Road. It has no responsibility for maintaining the section of Quenames Road along the Rivera property. He also stated there are several other locations within the Quansoo and Quenames Road that have the acreage to be developed siting Quansoo Farm and Sue Whiting with over 80 acres. Mr. Sederholm stated he would look into if Mr. Rivera has the right to improve upon the Quansoo Road.
Mr. Rivera raised concern that the Board was discussing hypothetical situations and would like to return the discussion to specifics about the road. Mr. Kenyon quoted Subdivision Rules and Regulations:
4.02A Adequate Access From Public Ways and Private Ways
Where, in the opinion of the Board, the road system within a proposed subdivision does not connect with or have access to a public way having a width, surface, configuration, contour and other characteristics adequate to provide safe and convenient access to the lots in the subdivision or the private ways connecting the subdivision to a public way do not provide such adequate access, the Board may, as a condition of approval of a plan, require that such adequate access be provided by the subdivider, including requiring the subdivider to perform some or all of the following actions:
a. In the case of a public way, acquire and dedicate to the public a parcel(s) of land abutting the public way or an easement over such land for the purpose of alterations and improvements at least commensurate with that required within the subdivision;
b. In the case of a private way or ways connecting the subdivision to a public way, acquire and dedicate to the owners of such private way or ways a parcel(s) of land abutting such way or ways, or an easement over such land, for the purpose of altering and improving the connecting way or ways to a width at least commensurate with that required within the subdivision;
c. Make such physical improvements to and within such public way or connecting private way or ways so that said ways conform, at a minimum, to the standards required for roads within the subdivision; and
d. Such other actions with respect to the public way and connecting private access ways as the board may deem necessary to provide for safe and convenient access to all lots in the subdivision for the amount of traffic expected to be generated by such subdivision in addition to existing traffic on such ways.
All costs and expenses incurred in connection with such dedication of land and work performed within such public way and connecting private way or ways, as hereunder required, shall be borne solely by the subdivider.
Mr. Rivera's response was the Subdivision Rules and Regulations are being extrapolated to apply to the increase in density on his property. It is not fair to apply those regulations to this concern seeing as this is not a subdivision. He also stated that he is planning on reaching out to his neighbors and creating a road association to improve the road.
Mr. Walton moved to give permission for the first house to be built, with the second and third subject to improvements on the Quenames Road. Ms. Weidner seconded. Motion failed.
Mr. Rivera requests a yes or no vote on his Comprehensive Site Plan as presented today. Mr. Meegan moved to deny the application of three dwellings based on the inadequacy of the road. Mr. Kenyon seconded. Mr. Meegan stated Mr. Rivera needs to come back and show legal right to improve the road including the Quansoo Road leading to his property. He should also walk the road with Doug Sederholm, Kent Healy, and Mitchell Posin to determine where the road needs improvement. A motion was made to amend the initial motion to read:
Deny the application of three dwellings based on the inadequacy of the roads in part or in full from the parcel of land to South Road.
Motion to amend approved. The board voted unanimously to deny the application of three dwellings based on the inadequacy of the roads in part or in full from the parcel of land to South Road.
Leavy Map 25 Lot 77:
Mr. Provost came before the board with an ANR Form A application. The Leavy's would like to reconfigure four lots into three lots. This parcel is located off Trails End that is off South Road. All lots would have frontage on Trails End. Mr. Meegan moved to approve the application. Mr. Walton seconded. Motion approved. The ANR is approved.
Mr. Meegan presented Mr. Ambulos as the Planning Board appointment to the Chilmark Housing Committee. Motion approved unanimously.
The board appointed Mr. Walton and Ms. Cini to review the budget and submit it to the Town Accountant after review by Mr. Meegan.
Meeting adjourned at 7:30p.m.
These minutes respectfully submitted by Deborah Cini
And amended by Russell R. Walton
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