Planning Board Minutes
January 9, 2006
4:30p.m.
Town Hall
Present: William Meegan, Chair, Janet Weidner, Richard Osnoss, John Flender, Edward Kenyon, Mitch Posin, and Russell Walton (Secretary pro tem.)
Call to Order:
Mr. Meegan opened the meeting at 4:30p.m.
Minutes:
The minutes of December 12, 2005 were approved with amendments.
There was a discussion (partly during the discussion and amending of the December minutes) of the adequacy of roads, the potential to deny applications, and density.
Regulation § 1.03, roads and density
Discussion of the letter(s) by Counsel on roads and the interpretation of § 1.03 picked up from and continued the previous arguments. It seemed to most of the Board that the mandate to ensure "the safety and adequacy" of roads can too easily be bypassed by the current practice of allowing density to increase to as many as three houses on a (large) parce1 without appraisal of the road condition. It was therefore suggested the Regulation § 1.03 should be amended to provide for some consideration of adequacy of access. One suggested form of words follows (new wording in Bold)
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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 and provided that the access roads are deemed adequate by the Planning Board, 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).
>> A letter to Tom Bracken is to be drafted, asking whether we have the power to require Planning Board approval of roads before allowing more than one dwelling on a lot outside of subdivisions.
>> Board members are asked to read and consider § 1.03 and be prepared to discuss and maybe amend it.
ZBA problem list
Mr. Walton presented a list of queries and problems of interpretation which have apparently been recurring at ZBA hearings, where a pattern of aggressive application of certain of the bylaws has been observed, with some stretching of the envelope to allow "remodeling" and additions which change the character of older Chilmark houses and their neighborhoods. These queries were discussed and to some extent answered at the meeting, but the members were asked to take them home for consideration.
ZBA activity
The notice of recent applications (to be heard 10 January 2006) was read. An objection to the proposed shed roof over a new patio, on the corner of a house at Lot 24-161 nearest to North Abel's Hill Road, is to be sent to the ZBA. It was felt that the location is conspicuous, if only to the many people using North Abel's Hill Road, and that the added roof might alter the perception of the roof mass.
"Norton" Lot
Mention was made of this 1-acre lot on Middle Road, very close to Hewing Field, and enclosed by Middle Road, Hewing Field, and two lots of the Hewing Field (Tiasquam Realty Trust) subdivision. The lot is a pre-existing non-conforming lot, not part of the subdivision. The Board hopes that access will be gained from the subdivision road, rather than directly off Middle Road (up a very steep bank, also close to Hewing Field).
Meeting adjourned at 6:47p.m.
Respectfully submitted,
Russell R. Walton, Secretary pro tem.
As amended by Deborah Cini, Administrative Assistant.
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