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Public Hearing / Public Meeting
Monday, September 10, 2007 @ 4:30 p.m.
Town Hall
Present: Rich Osnoss, Chairman, PersonNameBilly Meegan, PersonNameJohn Flender, Russell Walton,
PersonNameMitchell Posin, Tim Lasker, and Christina Soulagnet, Admin. Assistant
Absent: PersonNameJanet Weidner
Guests: David Handlin, Gary Maynard, Bob Andrews/Island Pools & Spas,
Caleb Nicholson/Contemporary Landscapes, J.B. Riggs Parker, Julia
Rappaport/Gazette, PersonNameWarren Doty, Gary Harcourt, Rob McCarron/Atty,
and George Sourati, Sourati Engineering Group.
Call to Order:
Mr. Osnoss opened the public hearing for the Heated Swimming Pool By-Law Amendment at 4:35 p.m.
Public Hearing for Heated Swimming Pool By-Law Amendment
Mr. Osnoss began the hearing by reading aloud the following proposed by-law wording:
"Pursuant to MGL Chapter 40A Section 5, the Planning Board is initiating the process of amendment to the Chilmark Zoning By-Laws.
Add to Article 4 Section 4.2A.3 Swimming pool and/or tennis court.
h. Heated pools are only permitted if the primary source of energy used to heat the pool, when installed or thereafter, is supplied by a solar thermal system that is in accordance with Section 4.2A.3.d.
(Section 4.2A.3.d. states, "The location will not interfere with the enjoyment of the view of the natural surroundings from a way used by the public, public land, or abutting lot)
Add to Article 2 Definitions.
Solar Thermal System: A device employed for collecting and converting sun energy to heat energy for water heating applications.
Mr. Osnoss expressed that the Board supports using renewable energy sources and being energy efficient. Although there may be a need to address this effort in other by-laws, the Board determined to address the heated swimming pool issue first.
Mr. Osnoss explained the purpose of solar thermal system as opposed to other alternative energy sources. Solar thermal is the simplest method, least expensive to install and the quickest return on your investment. Mr. Osnoss concluded by stating he did speak with David Sprague from Nelson Mechanical and confirmed that geo-thermal is considered under the definition "solar thermal".
Mr. Osnoss asked the Planning Board members if they had any questions or comments.
Mr. Flender asked what the life expectancy of the solar collectors? Mr. Osnoss responded, "Ten to twenty years."
With no further comments from the Board, Mr. Osnoss opened the discussion to the public.
David Handlin questioned why has this issue come up and why is the Planning Board only focusing on swimming pools? Mr. Handlin offered two suggestions: 1. Create a broader
by-law, such as having the Planning Board require builders to be more energy efficient by meeting the Massachusetts Energy Code by 10%, or 2. Require any new building to be Leadership in Energy and Environment Design (LEED) certified. Mr. Handlin noted that other municipalities are implementing this requirement.
Mr. Handlin continued stating that he would like to see a more comprehensive statement.
If you are addressing heated swimming pools, maybe start with requiring all pools to have
a dark surface (lining) and pool covers. Also, allow the use of other alternative energy systems; not just solar thermal.
Mr. Osnoss thanked Mr. Handlin for his comments. Mr. Osnoss reminded all parties that collecting public input is part of the process and the Board appreciates all the information.
Gary Maynard stated that he is a Chilmark resident and a swimming pool owner. His pool has a dark finish and automatic pool cover and has not used the heater once this summer. The temperature has been a consistent 87 degrees throughout the summer. Mr. Maynard also stated in order for a pool owner to benefit from a solar energy heating system, the collectors would need to be near the pool and the solar access would need to be established and maintained.
J.B. Riggs Parker stated he supported Mr. Handlin's and Mr. Maynard's comments.
Mr. Parker felt that requiring pool covers and making the surface of the pool dark are definitely viable options. Mr. Parker asked if he could comment on the proposed wording and suggested that the language was too limited. In addition, the use of the word "primary" is too vague and the wording should be more specific. Mr. Parker also stated that encouraging people to be LEED certified would control the overall product.
Bob Andrews said that he has installed approximately 140 pools and only 10% of them have covers, due to the covers being very expensive. 99% of the 140 pools are heated, but that does not mean they use the heaters. Mr. Andrews stated he has not installed solar heated pools to date. He mentioned the following:
- Supports the by-law idea but believes it is too narrow.
- Suggests considering other alternate energy sources.
- With dark pool surfaces, it is difficult to determine the depth of the pool.
- Vineyard Alternative Heating sells appliances (stoves, heaters, etc…) that use corn
pellets for fuel.
- Some pools have spas attached to them and spas cannot be covered with the pool cover.
- Not every pool is for a luxury purpose. Lap pools can be for medicinal purposes or for the
use of a professional swimmer.
Mr. Lasker thanked everyone for his or her input and appreciated all the feedback. He also stated that the Board's objective is to begin addressing the energy issue and heated swimming pools was the first step in doing so. The Board supports protecting the environment by creating ordinances for new buildings and may look at addressing this in the near future.
Mr. Flender asked if in-ground swimming pools are insulated and the answer was no, they are not. Mr. Walton asked if markings could be placed on the dark surface of a swimming pool and the answer was yes.
Mr. Maynard made a comment regarding the term luxury placed on a swimming pool. He stated that air conditioning is a luxury, heat is a luxury, and a car is a luxury. We need to have a by-law that is broader than just swimming pools.
Mr. Lasker suggested as a Board we need to take into account all the information received and revise the wording.
At 5:40 p.m., Mr. Osnoss made the motion to continue the heated swimming pool by-law amendment public hearing to Monday, September 24, 2007 at 4:30 p.m. at PlaceNameplaceChilmark PlaceTypeTown Hall. The motion was seconded and unanimously approved.
Bussink Subdivision, Map 7, placeLot 21
Rob McCarron, attorney representing Bart Bussink, briefed the Planning Board on the history of events involved with this property. Pearlson and Sturges owned this 17-acre lot and sold it to Bart Bussink in September 2006. There was an understanding that if the property were to be subdivided, then one of the lots would be designated a Homesite lot for affordable housing. At the August 28, 2006 Planning Board meeting, the Board approved the proposed plan, which created five lots, one lot designated to be a Homesite housing lot, and voted to approve the Certificate of Approval; however, the Bussink Subdivision Plan was never signed and the plan was never filed with the Registry of Deeds. In the interim, Mr. Bussink has found a buyer for the property, and this potential buyer wishes to keep this
property as a whole and not subdivide, implying that the Homesite lot may not happen. Mr. McCarron stated that the potential buyer's plan for the land use would be building two (2) single family homes, one (1) barn, one (1) garage and enlarge the pond.
After a lengthy discussion, the Planning Board members agreed to the following:
1. Research the number lots subdivided for Pearlson. We need to identify a count for the
number of cumulative lots that have been subdivided.
2. Research the MVC decision.
3. Research if the lot was in existence before 1975. If not, then the applicant is required to
come before the Planning Board to obtain approval to build more than one (1) home.
4. Planning Board needs to seek an opinion from Town Counsel.
The Planning Board members agreed that more information was needed and asked that Mr. McCarron and Mr. Sourati attend the September 24, 2007 meeting. The Board also suggested inviting the potential buyer to attend the meeting as well. Mr. McCarron will provide a chronological listing of events and will extend the invitation to the potential buyer of the property. A motion was made, seconded and unanimously approved to seek Town Counsel regarding the Bussink property.
Gary Harcourt, Great Rock Wind Power
Mr. Harcourt began by providing the Board with information on wind facts and model zoning by-laws for wind turbines. The biggest issues for windmills and/or wind turbines are visual impact and sound pollution; visual being more of a factor. Mr. Harcourt lives in Oak Bluffs and has a wind turbine on his property. He stated that his neighbors supported the wind turbine and voiced positive feedback.
Mr. Parker asked how we deal with permitting windmills if everyone wants one. Mr. Flender inquired about the compatibility between cell towers and wind turbines. Mr. Harcourt stated that these are issues that need to be considered.
Mr. Harcourt made some suggestions for the by-law amendment; 1. Limit the wind turbine to be a recommended and/or proven machines and 2. Include a sound pollution by-law.
The Planning Board was invited by Mr. Harcourt to a site visit of the wind turbine on his property. This meeting may be scheduled some time in the near future.
Wireless Communications By-Law Amendment
Riggs Parker met with PersonNameRusty Walton to write a wireless communication by-law amendment that would address any cell system and any technology. The draft wording for this by-law was given to the Planning Board for review. The Planning Board will begin the amendment process by scheduling a public hearing for the proposed by-law wording.
Administration
- Peaked Hill Property: The Board postponed this topic until next PB meeting.
- Bigelow Update: Christina informed the Board that the Answers to the Bigelow
Interrogatories and the PB Interrogatories for Mr. Bigelow were finalized and sent to
Mr. Bracken, Attorney.
- Letter from Pam and Clark Goff: Mr. Osnoss read aloud the letter from Mr. & Mrs. Goff,
which stated their concern about the grading done to addressStreetTea Lane. Christina will send a letter
to the Goffs acknowledging their concerns.
- Public Hearing Advertisement Invoices: Mr. Osnoss approved and signed the MV Times
invoice and the Gazette invoice.
- Master Plan - Postponed to the September 24, 2007 meeting.
Calendar
Monday, October 8, 2007 Columbus Day - placeHoliday
Tuesday, October 9, 2007 Planning Board Meeting
There was no other business. Mr. Osnoss adjourned the meeting at 7:07 p.m.
Minutes respectfully submitted by Christina Soulagnet, Administrative Assistant
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