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Cont. Public Hearing
May 21, 2007 @ 4:30 p.m.
Town Hall
Present: Rich Osnoss, Chairman; Billy Meegan, John Flender, Janet Weidner, Russell Walton, Tim Lasker, Mitchell Posin (6 p.m), Christina Soulagnet, Administrative Assistant
Absent: None
Guests: Board of Selectmen: Frank Fenner, Warren Doty, Riggs Parker; Blair and Diane Emin, Chuck Hodgkinson, Reid Silva, Glenn Provost, Kent Healy, David Handlin, James E. Feiner, Andy Goldman and Ian Fein.
Call To Order
Mr. Osnoss opened the Public Hearing for Middle Line Road Community Housing Program
at 4:33 p.m.
Mr. Osnoss read aloud the letter from Jeffrey Day, Chilmark resident. Mr. Day expressed in the letter his support for this project; however, he does have some concerns, which included the length of time on the project, the size of the building envelopes, water source for the Fire Department and the addressStreetMiddle Line Road right of way issue. Mr. Osnoss opened the discussion for the Planning Board members and the public to comment.
Mr. Walton asked if there was any progress on the Right of Way access to the addressStreetMiddle Line Road property. Mr. Parker responded that there would be an adequate road and right of way when the Form C is presented. Negotiations are going forward and the progress is satisfactory.
Mr. Emin talked about the negotiations between the Board of Selectmen and the abutters (property owners). Mr. Parker stated negotiations are private and confirmed that a proposal was given to the abutters. The Selectmen are waiting to hear back from the property owners regarding what was furnished.
Mr. Meegan directed a question to Mr. Handlin, architect, "Do you feel the building envelopes are adequate in size for a homesite?" Mr. Handlin responded, "I feel the size is more than adequate. Each site has been designed to accommodate four (4) bedrooms."
Mr. Meegan clarified the 40' Right of Way issue. The Planning Board does not always require a 40' right of way on a road leading up to a subdivision. The Planning Board does require that the road be brought up to specifications with appropriate turnouts for safe travel. On the MLR Form C, the Planning Board needs to see a 40' right of way into the subdivision, not on the road leading up to the subdivision. Middle addressStreetLine Road from addressStreetTabor House Road up to the MLR property would need to be brought up to specifications.
Mr. Walton read aloud Adequate Roadways (Subdivision Rules and Regulations Chapter 4.02 A).
Ms. Emin voiced how surprised she was to hear the Subdivision Rules and Regulations regarding the 40' right of way. Ms. Emin stated she assumed the Town needed to gain 40' right of way from addressStreetTabor House Road up to the addressStreetMiddle Line Road property.
PB Meeting Minutes - 2 - May 21, 2007
Mr. Provost recapped the application process. He stated that a Form B was presented and it complies with all the Planning Board setback regulations. He feels it is important that the Planning Board supports the Plan and that the Planning Board deals with planning board issues. He confirmed that on the Form C, the Plan would illustrate an adequate road with turnouts and a water source for the Fire Department.
Mr. Osnoss stated the Planning Board couldn't vote until the placeMartha's Vineyard Commission votes on the Plan B. Ms. Weidner agreed with Mr. Osnoss and further stated that the Planning Board should think about a list of conditions or items we want addressed on the Form C, such as a water tank, the cluster of homes moved west, and an adequate road with turnouts.
Mr. Lasker referred to the map and questioned the perk test locations. He asked, "Are all these perk test locations successful?" The response was yes, but tests located further from the building envelopes are not as good.
Mr. Silva stated they encountered some constraints but were successful in locating adequate soils for the septic systems, per the Board of Health. He reminds the Planning Board that this plan is a concept and it meets all state and local regulations.
The Planning Board discussed the septic system issue. Mr. Walton stated that a comparative chart for septic systems and its costs was presented at the placeMartha's Vineyard Commission Public Hearing on MLR.
Mr. Osnoss commented that he feels the Planning Board needs to have a discussion with the Board of Health regarding the perk testing sites and septic system options, including de-nitrification systems. Mr. Osnoss will forward a request in writing to the Board of Health and also invite the Board to attend a future Planning Board meeting.
Mr. Handlin asked, "Why is this plan being delayed?" Mr. Osnoss responded by stressing the importance of this Plan and the thoroughness of the Planning Board when dealing with all the issues involved.
Mr. Goldman requested the Planning Board to make a statement to the MVC asking that the MVC approved the plan and assure the MVC that the requirements will be met at Town level.
He also stated that the statement should include a unified enthusiastic reaction to the concept of the plan and not to include the issues of the Planning Board.
Mr. Fenner stated, "This is a preliminary plan. If the Form C does not reflect the Planning Board's concerns, the Planning Board does not have to approve."
The Planning Board members discussed the approval process of a preliminary plan. It was noted that the Planning Board could vote a tentative approval with conditions (modifications) on a preliminary plan. Mr. Flender suggested the Board wait on the issues concerning the access road, building envelopes, screening and addressStreetTabor House Road until all negotiations between the Board of Selectmen and abutters are completed and resolved.
PB Meeting Minutes - 3 - May 21, 2007
Mr. Meegan read aloud "Preliminary Plan" from the Subdivision Rules and Regulations
Section 2.07. A preliminary plan is designed to enable discussion to take place and clarify problems of such subdivision. The Planning Board addresses the local issues and the placeMartha's Vineyard Commission addresses the regional issues.
Mr. Lasker stated that the Form C plan should reflect the following modifications:
1. Include screening along the eastern lot line.
2. Move the northern cluster of building envelopes to the west.
3. Define the open space area.
4. Access road that meets road specifications.
5. Notation on linen, "No vehicles are to use Holman's Road."
6. Notation on linen, "No more than 12 dwellings on Map 13, placeLot 43"
Mr. Lasker is concerned with protecting the ground water. He is interested in exploring clustering or joint septic systems.
Mr. Doty mentioned that clustering septic systems does not help nitrogen loading in the environment. The systems would need to be combined with de-nitrification systems for the environment to benefit. De-nitrification systems require additional electricity, additional maintenance, and additional cost. It would be a mistake to impose this septic system on this development.
Mr. Handlin confirmed that the building envelopes for the two eastern clusters of homes are being addressed, along with the screening along the eastern side of the property line.
He also stated that this plan meets all regulations without any special permits or variances.
Mr. Osnoss recognizes the challenge to put this plan together with regard to topography and layout. Mr. Lasker stated that he is 100% behind affordable housing and appreciates all the time and energy put into this project.
Mr. Flender recommended that the Planning Board draft a statement to the placeMartha's Vineyard Commission stating that the Planning Board would like the MVC to turn the Middle Line Road Community Housing Program Plan B back to the Planning Board. When we receive the
Form C, we will deal with it at that time.
Ms. Weidner suggested the Planning Board agree/approve the plan but with conditions. Ms. Weidner stated her concerns with the plan, which are abutters concerns, water tank, and limit to twelve dwellings should be noted on the map.
Mr. Walton added he would like to see the following modifications: 1) Community Association Agreement, 2) Road Association Agreement, 3) Provisions for a placePlaceNameCommunity PlaceTypeGarden and 4) Designate common land on the plan/map.
Mr. Flender stated that he would like to see the abutters satisfied; however, he agrees that
re-configuration of the building envelopes would cause months delays.
PB Meeting Minutes - 4 - May 21, 2007
Mr. Osnoss ask the engineers what would be involved with moving the building envelopes?
Mr. Provost stated that the lot lines are fixed. Mr. Handlin concurred with Mr. Provost and added that the cut zones are flexible. Mr. Handlin informed the Board that a design review committee should oversee the six Homesite homes.
Mr. Doty talked about the Open Space policy, which states 69% of the land is devoted to open space (undisturbed land area).
Mr. Goldman stated that there would be a Community Association Agreement for the tenants in the Rental Units and the Homeowners.
There was a discussion about Flexible Siting, By-Law 6.7. It was noted that flexible siting is not needed for this plan.
Mr. Meegan suggested the Planning Board wait until the placeMartha's Vineyard Commission reaches a decision before the Planning Board can make a vote. A motion was made, seconded and unanimously approved to close the Middle Line Road Community Housing Program
Form B Public Hearing and leave it open to receive written comment.
Board of Health
Mr. Osnoss will draft a letter to the Board of Health requesting information on septic system options and to invite the Board of Health to attend a Planning Board meeting.
Meeting
The next scheduled Planning Board Meeting is on May 29, 2007 at 4:30 p.m.
There was no other business. Meeting adjourned at 6:37 p.m.
Minutes respectfully submitted by Christina Soulagnet, Administrative Assistant
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