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Planning Board Minutes 05/22/06
Planning Board Minutes
May 22, 2006
4:30p.m.


Present:        William Meegan, Chair, Mitch Posin, Richard Osnoss, John Flender, Russell Walton, Janet Weidner, Tim Lasker, and Deborah Cini, Administrative Assistant.

Public: Glen Provost, Suzan and Jason Balaban, Marshall Carroll, Warren Doty, Lenny Jason, and Andy Goldman.

Call to Order:
Mr. Meegan opened the meeting at 4:30p.m.

Mr. Meegan wished to extend a warm welcome to Tim Lasker, the newest member of the Planning Board.  

Vincent Property Map 11 Lot 1:
Mr. Posin stated he wishes to recuse himself from this case.
Mr. Daniel Perry represented Jason and Susan Balaban, Cathy and Michael Palmer and Sarah and Irving Petlin; the owners of Wayside Farm.  The Planning Board reviewed the letter and case law as submitted by Mr. Perry. (See attached)

Mr. Meegan reviewed with the Board:  They have a Form A application before them and at the last meeting the Board requested more information. On May 17, 2006 Tom Bracken sent a letter to Glen Provost requesting more information on the property. Mr. Provost requested copies of the letters Mr. Bracken has sent to the Planning Board. Mr. Meegan stated the decisions are 1) whether or not this is a referral to the MVC and 2) is the road suitable for a Form A.  Mr. Provost stated since there is an amount of new information before the Board the applicants request an extension until June 5th 2006. Mr. Provost stated he is unable to answer why the tax map is what it is and the applicants would like more time to answer and address the issues. Ms. Cini stated the next meeting is June 12, 2006 and Mr. Provost agreed to extend the issue until June 12, 2006 and amended his written request. Mr. Osnoss moved to accept the extension of the application until June 12, 2006. Mr. Meegan seconded the motion.  Mr. Provost stated there are three questions before the Board.

1) Did the way exist when the town adopted the subdivision control law?
   Mr. Provost stated he has addressed that and that the road did exist.

2) Is the road adequate for the proposed Form A?
   Mr. Provost stated he went out there with Mr. Posin, the road agent, to determine what      needed to be improved upon and they addressed it.

3) The MVC issues.
    Mr. Provost stated the issues are more complex. The Assessor's maps are incorrect in this area. In 1903 this parcel was divided into three wood lots. One now belongs to Marshall Carroll, one to Robert Vincent and one to William and Robert Vincent.

Mr. Meegan stated the road is in his opinion inadequate and he performed an experiment with his truck. He stated he was unable to back up in the road on the steep pitch at the entrance. The issue also at hand is the familial relationship.

Mr. Osnoss stated the road was always an issue. Ms. Weidner asked if the deeds could be given to Tom Bracken. Mr. Provost stated there is no familial issue and the deeds are complicated and it will take time.

Mr. Perry stated the Board does not have to determine if the road is an issue or not since it is a mandatory referral to the MVC as per section 3.204.

Mr. Lasker questioned if the tax maps were sent to Mr. Bracken's office and also stated his disapproval of the road. Ms. Cini stated the Assessors office gave her tax maps and billing info for the past eight years. This information was given to Mr. Bracken's office.

Mr. Meegan stated there was a motion on the floor to extend the application to June 12, 2006. Motion approved. 6 ayes and Mr. Posin abstained.

Mr. and Mrs. Balaban stated they have concerns about the proposed plan. They state it is a safety issue as they have small children on the property. They stated they have trucks and cars entering the property and it is a hazard. Mr. Walton suggested a gate that would give the appearance that the driveway entrance is not part of the road.   

Several members of the Board stated they are not comfortable with the road with comments such as the road is not wide enough and it is unsuitable for the proposed traffic.                     


Middle Line Road Subcommittee:  
Mr. Walton continued to take minutes for the Board after Ms. Cini left at 6:00p.m.
Mr. Doty, Mr. Jason, and Mr. Goldman came before the Board to see what permitting will be required for the Subdivision. The Subcommittee presented the Board with the Town Meeting approved Concept Plan that shows three clusters of dwellings. Each cluster will have two Homesite Housing Lots and one Rental duplex. The Board of Selectmen is currently working on an RFP for the Architectural and Engineering phase of the plan. We need to figure out how we can do this within our current bylaws. Mr. Meegan stated a letter was drafted to Ron Rappaport and sent on August 10, 2005 asking just that and there was no response. There was mention of 40B but the Town does not wish to take that route as of yet. The Board determined it would require three acres for each of the duplexes and one acre for each Homesite Housing Lot. The Board also would require a 40-foot ROW on paper for the Form C Subdivision.



The Board voted to appoint the following for a term of one year:

Steve Schwab to the Chilmark Housing Committee
Janet Weidner to the Community Preservation Committee
Russell Walton to the Site Review Committee
William Meegan to the Site Review Committee as the alternate.

The appointments approved unanimously.

The minutes of May 8, 2006 were approved with amendments.


Meeting adjourned @ 6:30p.m.
These minutes respectfully submitted by Deborah Cini and Russell Walton.