Chilmark Planning Board
Minutes of July 10, 2006
Present: William Meegan (Chair), John Flender, Janet Weidner, Tim
Lasker, Rich Osnoss, Mitch Posin, Russell Walton, Deborah Cini (Scribe)
Also present:: for the Wise Hearing _ Glenn Provost (VLS), Arlan Wise, Julian Wise
for the Bussink Hearing _ Chuck Gilstad & Bart Bussink
for the Fotis lot 3 release _ Bart Smith
1. The Minutes of June 26, 2006 were approved as written.
2. Mr. Meegan opened the Public Hearing for the Wise subdivision at 4:36pm and
read the advertisement. Mr. Provost presented the plan. The proposal is to
subdivide a 6.28+ acre parcel (AP 11 _ 44) into two lots. There are an
existing house and a barn on the property, in the area proposed as Lot 2. A
40_foot Right of Way is proposed, starting at South Road, laid over and
following the existing driveway as far as the house, then along the eastern
boundary of the property to a point about 75' North of the barn, then
turning westerly along the proposed line of division to provide frontage on
the right_of_way. Most of this road is already constructed.
Mr. Provost showed also a Preliminary Plan (Form B) done on the same lot for
Anna Palestine in 1994. This was essentially the same as the present plan,
but shows 10_foot contour lines. Most of the property is steeply sloped,
with relatively level areas near South Road and again North of the barn. No
grades are more than 10% along the proposed roadway; the maximum slope is
said to be 7%. The road is not to be paved; the shoulders would be loamed
and seeded.
There was discussion of the adequacy of the road and of possible access by
way of the Road to Nab's Corner. In 1994 the Board considered that the Nab's
Corner Road was not usable for the previous (Palestine) proposal, on the
grounds that it is too narrow, too high_sided, and that the owners of the
properties which the road crosses had refused to allow widening, turnouts,
etc. There are a couple of people who do have the right to use the Nab's
Corner/Ridge Hill Road, but no further subdivisions appear possible or
likely. There was some discussion of the idea of leaving this as a "paper
road" above the house and using the Nab's Corner/Ridge Hill road as access.
Glen agreed with members of the Board that the proposed road has to be
built, partly as a safety/public health issue.
The Board decided to forego both detailed road plans and profiles and the
Appendix C process, with Mitch or another representative to agree on
details of construction during the work. It was noted that the design
specifications have changed since the 1994 plan (traveled way from 8' to
10', etc.).
Mr. Provost agreed to place a note on the plan to limit the use of the road
to the two lots shown, and also the standard notes requiring a well and a
septic permit before sale of a lot.
After brief discussion it was agreed that the frontage "ell" of the
right_of_way is to be extended to be 100' long. Mr. Walton moved that we
close the Hearing. This was approved at about 4:50pm. Mr. Meegan accepted a
motion that the subdivision be approved. The vote was unanimous in favor.
(Mr. Walton left to attend a Land Bank meeting.)
3. Bart Smith appeared to request a lot release for Lot 3 of the Fotis
subdivision, as required for a sale outside the family, according to a note
on the 1988 plan.
>> There was a discrepancy between lot lines as shown on the Fotis Plan and
on an earlier plan for Hank Scott, but these were apparently settled between
the surveyors and to the satisfaction of the lawyers interested.
>> There is an existing house, with a septic system and well. The well is
approved, the septic tank is slightly undersized, but the Board of Health
has accepted the system as adequate.
A motion to approve was agreed to by all. The lot release was signed.
4. Mr. Meegan mentioned reconsideration of the Cape Cod Commission’s model by-law pertaining to Cell towers. Deb Cini said it was available, in the files. Copies are to be made for the next meeting, and Paul Pettegrove should be asked when he can come to advise the Board.
.
5. At 5:15pm Mr. Meegan opened the Public Hearing for the Definitive Plan
submitted by Bart Bussink for a (revised) subdivision of a 16.9 + acre
parcel listed to Sturges and Pearlson on Old Farm Road (AP 7 _ 21).
Charles Gilstad presented the plan showing five lots, including a Homesite
housing lot. In discussion, several changes from the previously approved
plan for the lot were listed:
>The present plan has a total of five dwellings possible, with no additional
guest houses.
(The previous maximum was six, including two guest houses)
> This plan limits dwelling size to 4500 square feet of habitable space.
> This plan has a 2.1 acre Homesite Housing lot, sited at least 125' from
the eastern boundary with a wide no_cut buffer between the site and the Land Bank’s Waskosim’s Rock Reservation. (Previous versions had a Youth Lot, changed recently to a Homesite Housing Lot _ and approved by MVC _ tucked into the northeastern corner, and smaller.)
> Because of the view easement on "Lot 33", the center of the most exposed
ridge is protected from construction of a house.
Assurance was given by Mr. Bussink that the Homesite Housing lot would be
released for entry into the Housing Committee's lottery system within six
months after the completion of the road. A note stating this is to be placed on the linen.
The rate of growth was discussed in some detail, including a couple of
bonuses _ for supplying a Homesite Housing lot, and for less than 75%
density (Article 7, section E). The rate was stated as: two plus the
Homesite Lot in 2006, two in 2007.
A few concerns remain:
The Board wants to ask the Fire Chief about the adequacy of the
fire_suppression water supply; does this subdivision trigger a need for
another large tank with a pump and a well?
The Board asked Mr. Bussink to enquire into having this subdivision area accepted into
and becoming a part of the Old Farm Road Association.
A letter from the Land Bank asked for consideration of no_cut buffers along
both the eastern (Waskosim's Rock Reservation) and the southern (Tiasquam River
Reservation) boundaries of the subdivision. A comment was made that part of the southern line was already cut to expose the stone walls along that boundary, and that views of stone walls are considered desireable in many cases. The Planning Board agreed to the Plan as submitted, with the no-cut zones along Waskosim’s Rock but not along the southern boundary (Tiasquam River Reservation). Mr. Bussink is still negotiating with the Land Bank in reference to the LB right of way and possibly other issues.
The Board of Health apparently did not receive a complete packet of
information (no soil test info, for example), and has sent the incomplete package back to Sourati Engineering.
We therefore do not have a report from the Board of Health.
There was some discussion as to the Board's probable actions. It appears
likely that, subject to the Fire Chief’s report, a favorable report from the
Board of Health, etc., the Planning Board will urge the MVC toward a
favorable concurrence review.
Mr. Gilstad requested waivers of several of the provisions of the Rules and
Regulations: 2.13 Road Plans and Profiles; 2.14 Environmental Analysis; 2.16
Impact Statement Contents. No decision was rendered on these at this time.
The meeting was adjourned at 6:34pm
These minutes are respectfully submitted
by Deborah Cini, Scribe, and by Russell Walton, Infill Assistant
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