Planning Board Minutes
Public Hearing
April 30, 2007 @ 4:30 p.m.
Town Hall
Present: Rich Osnoss, Chairman; Billy Meegan, John Flender, Janet Weidner, Russell Walton, Mitchell Posin, Tim Lasker, Christina Soulagnet, Administrative Assistant
Absent: None
Guests: Board of Selectmen: Frank Fenner, Warren Doty, Riggs Parker; Clark M. Goff, Lenny Jason Jr., Deborah Silliman Wass, Jeff Wass, Keith Emin, Blair Emin, Chuck Hodgkinson, Brent Bandi, Leslie Bandi, Al Hedin, Chelsea Pennebaker, Julia Rappaport (Gazette), Clarissa Allen, Sean Slavin, Dardanella Slavin, Pat Jenskinson, Joan Jenkinson, Reid Silva, Glenn Provost, Kent Healy, Perry Ambulos, Jonah A. Maidoff, David Handlin, James E. Feiner, Wesley Brighton, MaryBeth Grady, Jeffrey Day.
Chairman Rich Osnoss opened the Public Hearing for Middle Line Road Community Housing Program at 4:30 p.m.
Mr. Osnoss began the Public Hearing by introducing each Planning Board Member and the purpose of the meeting, which is to discuss the Middle Line Road Community Housing Program Form B application.
Mr. Jenkinson questioned, "How can the town move forward with this project without having access to the property?"
Mr. Osnoss reassured Mr. Jenkinson that his question will be answered during time allotted for public comment. He also stated that this plan is a Form B Preliminary Plan. It is not set in stone.
At this time, Mr. Osnoss asked if any of the Planning Board Members had a conflict of interest which would create a bias in this case. All Planning Board members stated they had no bias.
Mr. Osnoss stated a list of documents to be used as "exhibits" in this case. Exhibit #1 - Letter from Diana and Blair Emin; Exhibit #2 - Letter from Fire Chief; Exhibit #3 - Board of Health Memo; Exhibit #4 - Letter from the Fisheries and Wildlife; Exhibit #5 - Letter from the Chilmark Historical Commission. He also read aloud the list of concerns of the Planning Board members, which was generated from the site visit of Middle Line Road property on April 22, 2007.
At this time, Mr. Osnoss invited the applicant and it's planners to describe the MLR Plan.
Public Hearing Minutes - 2 - April 30, 2007
Mr. David Handin, Architect, referring to his maps, indicated the changes that have taken place since the last Public Hearing. On May 4, Mr. Handlin walked the MLR site with a landscape architect to identify the boundary lines of the property. Mr. Handlin further described the topography attributes of the property. He noted that Holman Road is the lowest point on the site and the topography increases up to the lot lines, which is about 10 - 12 feet below the abutter's house.
Mr. Handlin indicated on the map the buffer zone between Holman Road and the site. Referring to the Cluster of homes, the light gray shading on the map represents the cut zone and the dark gray shading represents the rental duplexes. These building envelopes for the rental units were rotated to face south to accommodate photovoltaic solar panels.
A question asked was why couldn't the building envelopes on the east side be moved west, closer toward Holmans' Road? Mr. Handlin described the reason for the placement of the building envelopes and that the placement of these clusters met and exceeded all setback requirements. Mr. Handlin added that the cluster of homes could possibly be adjusted 20 - 30 feet to the west.
Mr. Blair Emin commented that he liked the previous plan which incorporated a walking trail that went along the perimeter of the property. It was noted that the plan Mr. Emin referred to used Holman Road as the access road. Mr. Emin asked, "Could we use Holman Road as the access road?" He mentioned that it would allow the two clusters of homes to be moved farther away from the lot line; hence, making the abutters happy. He also mentioned that another alternative to allow homes to be moved would be to utilize pump septic systems.
Mr. Osnoss responded that the present plan reflects the preservation of Holman Road and also the perk testing decided where the building envelopes were situated.
Mr. Glen Provost advised on gravity septic systems stating that houses can shift location, however, septic systems can't shift. In addition, a pump septic system is a more complicated unit that would cost more money and require additional maintenance. The Title V septic system is a cost efficient system that is easily maintainable.
Mr. Jeff Day asked if lot lines are set in stone? Mr. Handlin stated that, "Yes, the lot lines are set." He described the challenge of the placement of wells, septic, leeching fields, and the right of ways all having to meet the regulations. Mr. Provost commented in order to define the lot lines, the soil is tested for the septic system, next they drill for a well, lastly the lot lines are defined.
Mr. Kent Healy, engineer, stated the major factor in determining the location of the septic systems and wells is meeting all the setback requirements. The requirements are as follows: a well can't be within 30 feet to a lot line; a septic can't be within 150 feet from a well. This plan reflects all these requirements.
Public Hearing Minutes - 3 - April 30, 2007
Mr. Doty responded to a comment regarding the use of Holman Road. He stated that through emails he received from the public and information at public meetings, the overall sentiment
was to preserve Holman Road. This plan reflects the response to the public's reaction. Mr. Doty then reaffirmed that this plan meets all requirements with the Conservation Commission, Board of Health, Planning Board and it illustrates the simplest construction.
Mr. Doty read aloud a portion of the Board of Health memo. It stated, "The Board of Health accepted the engineer's representation of the soils. The soils appear to be adequate for a subdivision." Mr. Osnoss read aloud the BOH memo in its entirety for clarification.
A comment was shared from the public regarding of the number of failed perk tests and perhaps there are too many houses going up in this development.
Mr. Doty disagreed. There are nine confirmed septic perk tests and nine approved leeching fields. The Board of Health can approve advanced septic systems. Mr. Parker also responded by stating the number of units was specified by the Town voters.
It was noted that the MLR Plan B Subdivision was referred to the Martha's Vineyard Commission on March 27, 2007. Mr. Osnoss suggested the Planning Board send a letter to
the MVC proposing recommendations for our concerns.
Mr. Parker reminded the Planning Board of its obligations. The Planning Board needs to determine if the MLR Subdivision meets all subdivision regulations.
Mr. David Norton spoke about the letter he sent to the Board of Selectman and the Planning Board requesting a water source be considered in this development. Mr. Doty confirmed that it would cost approximately $30,000 to have a well and 10,000 gallon tank located on the land or on town owed land in the area. Mr. Norton will be available for discussions to assist with locating an appropriate spot.
Mr. Jenkinson stated that three parties own the front piece of property where the access road begins, off Tabor House Road. Mr. Posin commented that it would make sense for the Town to own the land on which the road lies.
Mr. Flender asked if the Board of Selectmen have given any thought of using conservation land for the entrance of the MLR development. Mr. Jason confirmed that conversations have been taking place with the abutter, Mr. Cossutta. He also confirmed that discussions have happened with Pat & Joan Jenkinson and also with Jonathan Mayhew. Mr. Jason confirmed that the road issue will be secured.
Mr. Goff commented that if the access road into the development could be moved west, it would be less destructive to the land. Mr. Handlin responded that there is quite a bit of topography associated with this piece of property and the road was designed with the topography in mind. Mr. Handlin advised that if the access road were to be moved/changed, the road would rise and fall fairly quickly.
Public Hearing Minutes - 4 - April 30, 2007
Mr. Maidoff was concerned about the amount of traffic and possible accidents on Middle Line Road. Mr. Osnoss commented that Mitch Posin, Road Surveyor, would work with the road engineer to address issues.
There was a discussion on the community within the development, its open space and cut zone areas. An inquiry was stated regarding a community garden. Mr. Feiner commented that this development is a special project, it will create a neighborhood which makes a community.
The Planning Board reiterated that all the members are sensitive to the needs of the affordable housing. The job of the Planning Board is to look at the plan; pros and cons, and be thorough in addressing all issues and follow the proper process.
Mr. Slavin asked, "What will the procedure be for the lottery of homesite lots and rental units?" Mr. Parker commented on the order of events. First, the MVC and the Planning Board need to approve the Plan. Then the completion of the ground leases needs to take place. At that point, a lottery for Homesite lots will occur. An RFP will be prepared and sent out for a non-profit developer to build the rental units.
Mr. Posin itemized his three concerns with the plan: 1. The Tabor House access road needs to be defined; 2. Discuss the different septic system options; and 3. The possibility of moving the upper right cluster to the west; farther away from the lot line.
There was discussion regarding transportation issues for the residents. There is a school bus stop on Tabor House Road and the VTA stop on the corner of North Road and Tabor House Road. A comment was brought up that the Chilmark Dump may be a possible VTA stop.
Mr. Meegan thanked David Handlin for taking on this challenge. A question was presented to Mr. Handlin regarding the plan, "Do you feel the Plan represents and addresses the concerns?" Mr. Handlin agreed that this Plan satisfies all town requirements, and also reminded us that this is a workable plan. It's in its preliminary stage.
Mr. Meegan began a discussion regarding the access road issue and the Town-owned clay rights. Mr. Doty responded with a confirmation that the Town owns access to the property. The Town has purchased the Clay Rights under the access road (Middle Line Road). This allowed for utilities and repairs of the road to take place. The Town does not have the 40' right of way on the access road. The Town is trying to gain a wider right of way. We have several options to gain the access needed from Middle Line Road onto Tabor House Road.
Mr. Lasker stated he appreciated Mr. Doty's comments. He then discussed the concerns for this project to be as environmentally friendly as possible. From the onset, this plan illustrated 9 septic systems. In order to meet MVC nitrate loading allowances, the plan has incorporated the abutting Cossutta land. Should we look into alternative systems, keeping in mind the cost efficiencies? Maybe joint systems?
Public Hearing Minutes - 5 - April 30, 2007
Mr. Doty commented that septic discussions should be with the Board of Health. The Board of Health suggested each unit have individual systems. Mr. Lasker stated that the Planning Board brought the septic issue up for discussion because of the two clusters of homes that we are concerned with being too close to the lot line, which were defined by the perk tests. If these units had joint systems, then the building envelopes could possibly be changed.
It was noted that an email from Bill Wilcox, engineer for MVC, stated that this development meets the nitrogen allowance guidelines without the need for wastewater treatment.
A question regarding how the town can use the Cossutta lot with this project was asked?
Mr. Parker stated that the Town of Chilmark owns the rights to the Conservation Restriction on the property, which means the land cannot be developed. The MVC uses this abutting land to calculate the nitrogen loading limits.
Ms. Buhrman, Board of Health, stated that the Board of Health support de-nitrofication systems and are aware of the cost concern. If this weren't for affordable housing, the Board of Health would suggest joint systems.
Mr. Doty commented that the de-nitrofication system is a complicated system. It consists of three tanks with pumps and a leeching field; first tank for the septic, the second tank processes the water, the third tank purifies the water, and fourth component is the leeching field. This system is used for critical environments. Perhaps the Town of Chilmark could offer a rebate toward de-nitrofication systems. Mr. Parker mentioned the idea of offering warrant articles that include "nice to have" items. This would have to go before the Town at a Special Town Meeting.
There was a comment from the public concerning composting toilets. The Board of Health addressed this and stated that composting toilets are not expensive and they are easy to maintain. It was noted that the homeowner would decide if they would use it or not.
Mr. Meegan confirmed that there will be six individuals that will have the ability to design their own home using energy efficient items of their choice. The three rental units will be designed by the contractor of the RFP. He suggested that the proposal include both options; building it with and without energy efficient items.
Mr. Handlin explained that the rentals need to be LEED Certified Units. In order to qualify for this certification, there is a checklist of 30 to 40 items, such as driveways, level of insulation, indoor air quality, etc… The Town is being responsible to be energy conscience.
Mr. Osnoss asked if there were any other comments from the public. With no other comments, a motion was made to continue the Public Hearing for Middle Line Road Community Housing Program to Monday, May 14, 2007 at 4:30 p.m. at Town Hall in the Selectmen Meeting Room.
The motion was seconded and approved unanimously.
There was no other business. Meeting adjourned at 6:30 p.m.
Minutes respectfully submitted by Christina Soulagnet, Administrative Assistant
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