Planning Board Minutes
Public Meeting
Monday, June 11, 2007 @ 4:30 p.m.
Town Hall
Present: Russell Walton (Acting Chairman), Billy Meegan, John Flender, Janet Weidner, Tim Lasker, Mitchell Posin, Christina Soulagnet, Admin. Assistant
Absent: Rich Osnoss
Guests: Blair and Diane Emin
Call to Order:
Mr. Walton opened the meeting at 4:40 p.m.
Minutes:
The May 14, 2007 Middle Line Road Community Housing Program Cont. Public Hearing Minutes were approved as amended.
The May 21, 2007 Middle Line Road Community Housing Program Cont. Public Hearing Minutes were approved as amended.
The May 29, 2007 Meeting Minutes were approved as amended.
Blair & Diane Emin - Map 13, Lot 10.3
The Board members have read the Emin documents, which consisted of past Planning Board meeting minutes and legal correspondence. Ms. Weidner clarified the two concerns: 1) 40' Right of Way on 150' section of Middle Line Road, and 2) The condition of Middle Line Road from Tabor House Road to the Emin property needed to be brought up to specifications, which was noted on the Deed.
Referring to the Planning Board Meeting Minutes dated September 9, 1985, that 1985 Planning Board agreed to waive the 40' Right of Way requirement on the 150-foot section of Middle Line Road. The current members on the Planning Board agree with the decision made in 1985. The Emins requested that the Planning Board write a letter confirming the Planning Board's interpretation of the PB Minutes of 1985, as they are in negotiations with the Selectmen.
There was discussion that Mr. Posin, Road Inspector, could walk the road and complete an Appendix C "Procedures for Road Layout Acceptance and Final Construction Approval."
In addition, the Emins expressed they would like to see the Note taken off the Deed
and Linen. The Board confirmed that the Emins would need to file an amendment application, the abutters would need to be informed, and a Public Hearing would be held.
PB Meeting Minutes - 2 - June 11, 2007
Rusty read aloud the Note on the Linen. It states,
"Notes: Prior to construction or conveyance outside of the family of any of the
lots the following shall be completed: 1) A road meeting the specifications of
the Planning Board shall be built from Tabor House Road to Lot 2. 2) A well
shall be drilled and pumped on the lot, which produces water of a quality and
at a rate satisfactory to the Board of Health. 3) A Disposal Works Permit shall
be obtained from the Board of Health to construct a septic system on the lot.
This note shall also be placed on all subsequent deeds."
The Planning Board proposed the possibility of seeking legal opinion regarding the
Note on the Deed and Linen.
For clarification, the Planning Board stated if the Emins are considering building, then they would need to see the Building Inspector. If the Emins are considering conveyance of their property, then the Planning Board needs to receive their request of assessing the Middle Line Road in writing along with stating the reason for the request.
A motion was made, seconded and approved for the Planning Board to write a letter to the Emins stating the Planning Board's interpretation of the Planning Board Meeting Minutes of 1985.
Administration
Christina to follow-up with Frank Fenner regarding the Consultant's Report for the
number of poles needed in Chilmark for the DAS.
Calendar
The MVC will vote on Middle Line Road Community Housing Program Form B on Thursday, June 14, at 7:30 p.m. in the Stone Building, Oak Bluffs. The written decision by the MVC will take place on June 21, 2007. The Planning Board needs to be prepared to vote on the MLR Form B at the next Planning Board meeting on June 25, 2007.
There was no other business. Meeting adjourned at 6:34 p.m.
Minutes respectfully submitted by Christina Soulagnet, Administrative Assistant
* * *
| 
