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Public Meeting 4:00 p.m. / Public Hearing 4:30 p.m.
Monday, September 24, 2007
Town Hall
Present: Rich Osnoss, Chairman, PersonNameBilly Meegan, PersonNameJohn Flender, Russell Walton,
PersonNameMitchell Posin, Tim Lasker, PersonNameJanet Weidner and Christina Soulagnet, Admin. Assistant
Absent: None
Guests: Julia Rappaport/Gazette, Rob McCarron/Atty, George Sourati/Sourati
Engineering Group, Howard Miller/Atty, Joe El-Deiry, Jerimiah McCarthy,
Reid Silva/Vineyard Land Surveying, Perry Ambulos and Jim Feiner.
Call to Order
Mr. Osnoss opened the public meeting at 4:05 p.m.
Heated Swimming Pool By-Law Amendment
The Board members took into account the information generated from the public at the public hearing on September 10, 2007 and agreed to revise the heated Swimming Pool
By-Law wording.
Public Hearing for Heated Swimming Pool By-Law Amendment
Mr. Osnoss opened the public hearing for the Heated Swimming Pool By-Law Amendment at 4:40 p.m. The Board members continued to work on the revised wording for the by-law amendment. After much deliberation, the board made a motion, seconded and all voted to approve the following revised wording for the Heated Swimming Pool By-Law Amendment,
"Add to Article 4 Section 4.2A.3 Swimming pool and/or tennis court.
h. Heated pools are permitted if the heat is supplied by a solar thermal, a
geothermal or an alternative, non-polluting 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)
i. A special permit shall be required for the installation of a pool heating
system."
The Board discussed the presentation of this by-law amendment at the Special Town Meeting (STM) on October 29, 2007 at 7:30 p.m. They need to determine who will present the amendment on the floor. Tim Lasker volunteered to provide graphics for the STM.
It was noted that if the Board has an expert speaker attend the STM, the moderator needs to be informed of this person. A motion was made, seconded, and unanimously approved for the Board members to gather information or come up with possible questions that may be presented at the STM.
At 5:06 p.m. the Board made a motion to continue the public hearing to the next Planning Board meeting on October 9, 2007. The motion was seconded and unanimously approved.
Bussink Subdivision, Map 7, placeLot 21
The Planning Board contacted Mr. Bracken, Attorney, to obtain a legal opinion regarding the Bussink subdivision. Mr. Osnoss requested to have the letter from Mr. Bracken to be included in the record (attached). Rob McCarron, attorney representing Bart Bussink, took a moment to review the legal opinion letter from Mr. Bracken. Mr. McCarron questioned the legal advice, "At what point does subsequent work go to the MVC?" Mr. McCarron stated that the property owner has the right to disregard the subdivision plan and the planning board cannot stop that. Mr. McCarron then reviewed the MVC records and the timeline of events. He stated he will email this information to us. Mr. McCarron confirmed that this property carries the burden of the MVC condition.
Mr. Meegan read aloud the MVC condition, which states,
"That the Commission does recognize the existence of a seventeen (17) acre
parcel abutting the proposed development for which the modification of
decision is being sought and further that said seventeen (17) acre parcel
shall be considered as a part of the cumulative total acreage of the appli-
cant for the purposes of the calculation of affordable housing units when
and should said parcel ever be proposed for development."
He also read aloud the MVC Standards and criteria definition of development which states,
"Development: Any building, mining, dredging, filling, excavation or
drilling operation; or …….. The clearing of land as an adjunct of
construction;…"
Mr. McCarron disagreed with the Board and believes the property owner has the discretion to move forward either to subdivide the parcel or keep it as a whole and build dwellings. In addition, he stated that if the parcel is subdivided, then it triggers the Homesite lot obligation.
Mr. McCarron stated that discussions with the Land Bank and Mr. Miller, attorney for the potential buyer, have occurred concerning the right of way over the property. The owner can relocate the easement if both parties agree on the new location.
Mr. Meegan stated that there is an obligation on that parcel to provide a Homesite lot.
Mr. McCarron concurred the agreement exists. He stated the available options of this situation, 1. Escrow something to a future event, or 2. The owner would make a donation of money or land to affordable housing.
Mr. McCarron asked if building two dwellings trigger a donation to affordable housing? At what point of development do you look at affordable housing obligation. 1 house, 2 houses? Legally, the owner can apply for a building permit.
Mr. Meegan suggested we confer with the MVC regarding development. When does "development" start? Is it when a building permit is issued?
The Board determined the need for seeking town counsel to define the trigger for affordable housing. Mr. Meegan stated that the PB is proactive in trying to get affordable housing in Chilmark. A motion was made, seconded and all approved to contact Bracken and ask for clarification of information in his letter, in addition to contacting the MVC.
Mr. McCarron had left but returned with one last comment. He stated that he will propose
to his client he create an affordable housing lot on the property and sell the remaining parcel.
Josh Weisner (Assessors Map 31, placeLot 9-3)
Reid Silva, Vineyard Land Surveying, presented the application. Mr. Silva informed the Board that Josh Weisner needs to meet covenant conditions in order to convey his property. Mr. Silva stated that the road leading to the locus was not fully constructed. Mr. Osnoss read aloud the letter and the covenants on the property. The Planning Board needs to approve the road prior to the sale. Mr. Silva stated his client is requesting a waiver to sell the property prior to the construction of the road with utilities. The Board proposed to Mr. Silva that his client should get an estimate from a contractor to complete the road and installation of utilities, then place a bond or set up an escrow account to cover this amount.
Community Affordable Housing Opportunity, Assessors Map 11, placeLot 1.1
PersonNamePerry Ambulos and Jim Feiner came before the Board for an informal discussion regarding the Vincent property, which is 12.1 acres off addressStreetSouth Road. They proposed a 6-lot subdivision creating three 1-acre lots for affordable housing and three 3-acre lots. Mr. Ambulos asked
if the road be included in the acreage or will the road take away from the total acreage? The Board stated that if an easement is granted over the property for the road, the placement should encumber the three 3-acre lots, not the 1-acre Homesite lots. Mr. Ambulos also discussed obtaining easements over a small parking area on a proposed lot.
The Board informed Mr. Ambulos and Mr. Feiner that the 12.1 acre parcel does not exist.
It is part of a 16-acre parcel that has not gone through the subdivision process. In addition,
a 12.1 acre parcel could potentially have 3 houses and 3 guesthouses (6 dwellings), a condition on the three 3-acre lots stating no guest- houses may be applied.
The Board recommended seeing a preliminary subdivision plan indicating lot lines, keeping in mind that each lot requires 100' frontage on a 40' right of way, 50' setbacks and a water source for the Fire Department.
Minutes
The September 10, 2007 Planning Board Public Hearing/Public Meeting minutes were approved as amended.
Master Plan Update
Janet Weidner informed the Board of the work done with Christina. Ms. Weidner asked if the Board would be able to meet on an out-of-schedule meeting devoting an hour of time just to the Master Plan. The Board agreed that this is needed. Christina will email members the documents Janet put together and contact members to schedule a meeting date.
Administration
- ZBA Agenda: The Zoning Board of Appeals meeting agenda for October 9, 2007 was
distributed. Mr. Meegan raised a concern regarding the date of compliance of a zoning
by-law amendment. When does the by-law go into effect? Mr. Meegan to research the
Zoning Act or perhaps call Ron Rappaport. Christina will forward the wording for
Heated Swimming Pool By-Law Amendment to the ZBA.
- Invoices:
1. The Board approved and Mr. Osnoss signed the Massachusetts Federation of Planning
& Appeals Boards membership invoice for $70.00.
2. The Board approved and Mr. Osnoss signed Mr. Bracken's invoice for $736.80 for the
Bigelow Appeal.
Calendar
Monday, October 8, 2007 Columbus Day - placeHoliday
Tuesday, October 9, 2007 Planning Board Meeting
Monday, October 22, 2007 Planning Board Meeting
Monday, October 29, 2007 Special Town Meeting
There was no other business. Mr. Osnoss adjourned the meeting at 7:30 p.m.
Minutes respectfully submitted by Christina Soulagnet, Administrative Assistant
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