The Chilmark Planning Board
Minutes
March 26, 2007
Present: Chairman Rich Osnoss, Tim Lasker, Billy Meegan, Mitch Posin, Rusty Walton,
Janet Weidner and Lisa Specht, Administrative Assistant
Absent: John Flender
Guests: David Handlin, Blair Emin, Keith Emin, Jan Buhrman, Sylvia Yeomans,
Clarissa Allen, Christina Soulagnet, Zee Gamson, Steve Schwab, Jim Feiner,
Bill Randol, Andy Goldman, Frank Fenner, Warren Doty, Riggs Parker, Glenn
Provost, Kent Healy, Reid Silva, Doug Hoehn, Lenny Jason, Chuck Hodgkinson
Chairman Rich Osnoss called the meeting to order at 4:30 pm.
Bigelow Beach Lots: Map 22 Parcel 123
Doug Hoehn presented a Form A application for the Robert Bigelow family. The Bigelow's would like to divide a beach lot into two unbuildable lots. Rich Osnoss read a letter from the family's attorney describing the history of the lot and his opinion about the families right to subdivide. The lot has been deemed unbuildable but accessible by the Quansoo Road. Tim Lasker will ask Doug Sederholm, President of the Quansoo Road Association about the Association's By-Laws and Covenants. A question was raised about how many times a beach lot could be subdivided. There was a motion to ask town counsel about this as well as the access issue. The motion was seconded and voted to seek town counsel for their legal opinion.
Middle Line Road Community Housing Form B Subdivision: Map 13 lot 43
David Handlin, architect for the Middle Line Road Community Housing Subdivision presented the history of the project and how he arrived at the design for the present plan. David spoke about the topography and the key attributes of the site, such as the Holman Road. In a previous plan, the road was used as the access road into the subdivision. There was strong community feeling to preserve this road as a walking path. David and his team took the public comment into consideration and designed a new road into the property, thereby eliminating the Holman Road access, with the exception of a very small section.
The building envelopes of the present plan all meet the 50-foot setback of the zoning by-laws. All the septic systems and wells are separated by at least 150 feet. There is a 75-foot buffer zone from the subdivision road and the Holman Road. Kent Healy stated that the original test holes that were dug in the valley were no good; soil and water conditions are the reason for the present design.
David Handlin believes that the present plan satisfies all requirements of the Planning Board. Kent Healy, a Civil Engineer stated that all the well and septic designs meet legal requirements. Kent also stated that he did not believe that the septic effluent would affect the Tisbury Great Pond or its watershed. He says there is, and has been, no Nitrate in the water samples he has been collecting from the Tiasquam for several years.
Public Comment:
There was public comment that the Middle Line Subdivision was an opportunity for the Town to make a statement about the use of alternative energy sources and alternate nitrogen handling systems in public housing community. Selectman Warren Doty spoke about Cape Light Compact and the possibility that they might pay for solar systems. David Handlin's firm is LEEDS certified (Leadership in Energy and Engineering Design).
The question was raised should the Town have well and septic clusters for the duplexes and have the Homesite owners be responsible for their own systems. A concern about having a clustered well and septic system and who would be responsible if something goes wrong was raised.
The Board of Health had not seen the current plan until today so they could not comment.
Rusty Walton, Conservation Officer, spoke of a possible wetlands concern along the Middle Line Road, which may not meet the 150-foot setback from a septic system.
If the 40-foot right of way becomes an issue, it is possible it could be treated as an easement instead of a "laid-out" right of way.
Glenn Provost suggested that the Town might want to consult with Town Counsel in regard to whether the distance between sidelines need to be 100 feet and other setback regulation.
Billy Meegan of the Planning Board commended David Handlin for his dedication and presentation of the Middle Line Road Community Housing Subdivision. He also asked David to clarify why and how the 100-foot setback requirement became less than 100 feet. David explained that because of the redesign of the well and septic systems the setbacks have been pushed back.
There was discussion of anticipated concerns of the Martha's Vineyard Commission:
In regard to nitrate distribution, the present plan does not differ from the original. The Martha's Vineyard Commission is revising their water quality guidelines so the distribution of nitrates may no longer be an issue as it was earlier.
Kent Healy stated that the possibility of nitrates affecting Tisbury Great Pond is almost non-existent, the ground water will not be affected and that a nitrate plume would not be a problem.
There was discussion about installing alternative systems in the duplex rental units and letting the Homesite owners make their own decision on what type of system they would like to use.
It was felt the rent from the six rental units would support costs and infrastructure expenses. There is also a possibility of a $400,000.00 subsidy from the town or CPA funds.
A Natural Heritage and Endangered Species survey may need to be completed on the property because the area may contain habitat for two threatened moth species. The Massachusetts Historical Commission concern about archeological artifacts in the area has been discussed and a survey of the property was suggested but not required. The archeological finds of concern were two miles away.
The present plan is to have a Public Hearing on April 30, 2007 and the MVC hearing on May 10, 2007 at the Chilmark Community Center. The selectmen unanimously, stated that they would grant an extension if more time were needed on the part of the Planning Board.
Rusty Walton made a motion to send the Form B Subdivision Plan For the Middle Line Road Community Housing subdivision to the Martha's Vineyard Commission the Chilmark Board of Health and the Chilmark Conservation Commission on March 27, 2007. The motion was seconded and voted to send the Form B Subdivision Plan to the Martha's Vineyard Commission and the Chilmark Board of Health and Conservation Commission.
The Board of Health has 45 days to comment on the plan.
There being no further discussion the Middle Line Road Form B Subdivision the public was thanked for their input and the Planning Board continued with other business.
The Minutes of March 12, 2007 were approved as amended.
Other Business:
Rich Osnoss read a letter from Walter Meinelt in regard to upgrading his driveway at 182 South Road, Chilmark. The Planning Board has no objection and asked Lisa Specht, Administrative Assistant to write Mr. Meinelt a letter thanking him for his letter and that the Planning Board did not need to take any action on the matter.
There was no further business; the meeting was adjourned at 7:15 pm.
Respectfully submitted by Lisa Specht, Administrative Assistant
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