Chilmark Planning Board Minutes
Public Hearing at 4:30 p.m.
Tuesday, November 13, 2007
placePlaceNameChilmark PlaceTypeTown Hall
Present: Rich Osnoss, Chairman, PersonNameJohn Flender, PersonNameRussell Walton, Tim Lasker, PersonNameJanet Weidner and Christina Soulagnet, Administrative Assistant
Absent: Billy Meegan, Mitch Posin
Guests: Riggs Parker, Jeffrey Burgoyne, PersonNameCamille Rose, Simone DeSorcey, PersonNameMark London
Call To Order
Mr. Osnoss opened the Wireless Communications By-Law Amendment Public Hearing at 4:44 p.m.
Mr. Osnoss stated that the following exhibits will be entered into the record:
1) The Proposed Wording for the Wireless Communications By-Law Amendment Draft 8 .
2) A letter to the Planning Board from Andrew Nanaa, GPCS Chief Operating Officer dated
November 5, 2007, which contained a letter from Mr. Nanaa dated November 13, 2007
outlining his concerns regarding the proposed wording for the Wireless Communications
By-Law Amendment.
3) An email message dated November 9, 2007 to the Planning Board from Joanne Taylor,
Martha's Vineyard Commission Coastal Planner, regarding the proposed wording for the
Wireless Communications By-Law Amendment and concerns with the addressStreetIsland Road and
Coastal District DCPC's.
4) An email message dated November 9, 2007 to the Planning Board from J.B. Riggs Parker,
Chilmark Board of Selectman, commenting on the DCPC concern of the MVC and
offering suggested wording to address this concern.
Mr. Osnoss began the discussion by inviting Mr. Parker to give a summary of the proposed wording. Mr. Parker began by outlining the structure of the by-law by stating it was created to address a wide variety of systems not just DAS, and it is a flexible by-law that gives control to a plan review committee. An applicant must go before this committee and is required to meet a list of conditions in order to obtain approval for the special permit.
Mr. Parker read aloud the conditions,
"a. Height and type of proposed Antenna and its Support Structure;
b. Visibility of the Antenna in the view shed of any property owner(s);
c. Need for reception in the area;
d. Proposed location versus possible alternate location(s);
e. Ability to mask the nature of the structure;
f. The number of Antennas involved in the system and in any particular area;
g. Intrusion of the Antenna above the ridge lines or in public views;
h. Distance from any residence or public building property line of the Antenna
Support Structure;
i. Compliance with all applicable Town regulations for structures, except for
setbacks along public or private ways;
j. The maximum level of radio frequency (RF) output of any Antenna, Antenna
Support System, Base Station or Base Station Facility.
k. Ability of the applicant to financially and functionally provide and maintain
the proposed system."
Mr. Parker informed the Board that the changes in Proposed Wording Draft 8 reflect the comments from the Planning Board meeting of October 22, 2007, discussions from a working meeting consisting of Riggs Parker, Rusty Walton, PersonNameChuck Hodgkinson, PersonNameTim Carroll and Christina Soulagnet and considerations made by David Maxon, consultant.
Mr. Osnoss thanked Mr. Parker for his input and asked if there were any additional thoughts or concerns from the public.
PersonNameMark London, Executive Director of the placeMartha's Vineyard Commission, commented about the usage of the word "may" on Page 2, 4.b, asking if any other committee can issue the permit? The Board answered, "No, only the Chilmark Plan Review Committee (CPRC) shall issue a special permit." Mr. London further stated that the name of the committee should contain words relating to its responsibility. Mr. Walton responded by informing Mr. London that the Planning Board intends to amend the windmill by-law in the near future and model it after the Wireless Communications By-Law Amendment; therefore, the name of the review committee would need to be non-specific so it could review more than wireless communications.
Another comment made by Mr. London was he did not see the need for the word "nature" in 4.b.3.e. Mr. Parker responded that the committee would welcome having the structures blend into the environment and this condition would explore that concept.
Mr. London's last remark was regarding the DCPC guidelines, which states "no structure" is permitted in the road or coastal district and town regulations need to conform. He stated that up until now, utility poles were not considered structures; however, the proposed wording classifies utility poles as structures. He offered three (3) suggestions:
1. Call the utility poles structures but add to your wording, "these structures are exempt from the road district." The Planning Board would need to get approval from the MVC.
2. Substitute the word structure for another term, such as "devices", etc... or
3. Utility poles up to 30 feet high are not considered a structure and therefore do not conform to the regulations. This option would not need the approval of the MVC.
Mr. Parker suggested stating, "… the maximum height of 70 feet, except within the roadside district, should not be greater than "x" feet." We need to determine and agree upon the "x" number of feet.
Ms. Rose stated that Aquinnah has an overlay wireless district over the roadside district, which gives the town more control. The Aquinnah by-law states a maximum height of
70 feet, but the applicant would have to prove the need for 70 feet to a plan review board in order to obtain the special permit. Ms. Rose emphasized the importance for the three up island towns to have a uniform regulatory procedure for wireless communications. Lastly, Ms. Rose suggested that the $100,000 figure in Section 12 of the proposed wording, is too low. The Board members agreed with Ms. Rose's comment. Mr. Parker offered draft wording, "such amount as deemed appropriate" to replace the dollar amount figure.
At 5:30 p.m., a motion was made, seconded and approved to continue the Wireless Communications By-Law Amendment Public Hearing to Monday, November 26, 2007 at 4:30 p.m.
Mr. Osnoss adjourned the Chilmark Planning Board meeting at 5:34 p.m. to give board members an intermission before meeting again at 7:30 p.m. at the placePlaceNameWest PlaceNameTisbury PlaceTypeTown Hall for the Murphy/Land Bank Form C Public Hearing.
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Chilmark Planning Board
Joint Public Hearing with placeWest Tisbury Planning Board
Public Hearing Minutes
Tuesday, November 13, 2007 at 7:30 p.m.
Chilmark Planning Board:
Present: Rich Osnoss, Chairman, PersonNameJohn Flender, PersonNameRussell Walton, Tim Lasker, PersonNameJanet Weidner and Christina Soulagnet, Administrative Assistant
Absent: Billy Meegan, Mitch Posin
placeWest Tisbury Planning Board:
Present: David Douglas, Chairman, Eileen Maley, Susan Silva; Mark Yale, Ginny Jones,
Simon DeSorcey, Administrative Assistant
Absent:
Guests: Reed Silva, Vineyard Land Surveying & Engineering, Inc.
Public Hearing for Murphy/Land Bank Form C Subdivision (Map 6, placeLot 3.1)
Mr. Douglas opened the public hearing at 7:33 p.m. and read aloud the public hearing advertisement for subdividing the 12-acre parcel. Both the placeWest Tisbury and the Chilmark Planning Boards had reviewed this application and were in support of this transaction and are in favor of the land becoming owned by the MV Land Bank. With no further comments, the West Tisbury Planning Board made a motion to approve the subdivision. The motion was seconded and unanimously approved. With no further comments, the Chilmark Planning Board made a motion, seconded and unanimously approved the subdivision. Mr. Douglas closed the hearing at 7:40 p.m.
Mr. Douglas opened the public hearing at 7:45 p.m. and read aloud the public hearing advertisement for relocating the entrance of Murphy's Road and altering an existing stone wall. Reed Silva was present and discussed the relocation of the entrance. The proposed new entrance will be approximately 40 feet west of existing location and will be wide enough to accommodate two cars entering/leaving at the same time. With no further discussion, the West Tisbury Board made a motion to approve the proposed relocation of the entrance of Murphy's Road and the alteration of an existing stone wall. The motion was seconded and all approved. Chilmark Planning Board made a motion, seconded and unanimously approved the proposed relocation of the entrance of Murphy's Road and the alteration of an existing
stone wall. Mr. Douglas closed the hearing at 7:55 p.m.
The Chilmark Planning Board adjourned the Joint Public Hearing at 7:58 p.m.
Minutes respectfully submitted by Christina Soulagnet, Administrative Assistant
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