Chilmark Planning Board Minutes
Public Hearing / Public Meeting at 4:30 p.m.
Monday, November 26, 2007
Final
Present: Rich Osnoss, Chairman, PersonNameMitchell Posin, PersonNameRussell Walton, Tim Lasker, Janet Weidner, Billy Meegan, and Christina Soulagnet, Administrative Assistant
Absent: PersonNameJohn Flender
Guests: Public Hearing for Wireless Communications: Riggs Parker, PersonNameJulia Rappaport;
placeGraves: Marcia Cini and Will Graves; McCarthy: Chris Alley and Linda McCarthy.
Cont. Public Hearing for the Wireless Communications By-Law Amendment (Article 4 Section 4.2B.6)
Mr. Osnoss opened the continued public hearing for the Wireless Communications By-Law Amendment at 4:35 p.m. The Board reviewed the Proposed Wording Draft 9A and asked how is this version changed from the Draft 8 presented at the November 13, 2007 public hearing. Mr. Parker stated that this draft reflects changes that address the MVC's DCPC concern, the bond condition and some grammar corrections.
Mr. Parker continued by stating that there is one pending issue that was brought up by the Attorney General. Section 13)b. states, "An Antenna, Antenna Support, Base Station or Base Station Facility erected by the Federal Government, PlaceTypeCommonwealth of PlaceNameMassachusetts or Town of CityplaceChilmark exclusively for a public safety communications purpose." The Attorney General suggested omitting the word "exclusively", based on the Town does not have the right to limit the use when dealing with Federal Government. There was no objection from the Board.
Mr. Walton stated that he reviewed the Draft 9A wording with PersonNameLenny Jason, the Building Inspector. Mr. Jason's only concern was the location of the Antenna Support in relation to homes, cars, etc... Mr. Parker assured the Board that the Chilmark Plan Review Committee, when reviewing the application, would require the applicant to meet a list of conditions. The proposed location of the Antenna Support and the distance from any residence or public building property line of the Antenna Support are two of the twelve conditions that would address Mr. Jason's concern.
A motion was made, seconded and the Board voted and approved the Proposed Wording Draft 9A for the Wireless Communications Bylaw Amendment and to forward to the Board of Selectmen requesting this item to be an article on the Annual Town Meeting in April 2008.
Minutes
The October 9, 2007 Meeting Minutes were approved as amended.
The October 22, 2007 Meeting Minutes were approved as amended.
The November 13, 2007 Public Hearing Meeting Minutes were approved as amended.
William Graves, Assessors Map 7, placeLot 29
Marcia Cini, Attorney representing Will Graves, began the informal discussion stating that Will Graves is proposing to subdivide a 6-acre lot and sell off three acres due to a financial hardship and presented a draft subdivision plan dated February 2001 surveyed by Glenn Provost. The Board stated that there is an existing covenant on the property, which states
no further subdivision on Assessors Map 7 Lot 29. For clarification, the Board outlined the requests: 1) Mr. Graves is asking the Planning Board to lift the existing covenant in order to subdivide and 2) Mr. Graves is asking the Planning Board to approve two lots with non-conforming setbacks. Mr. Graves volunteered a "no further dwelling" condition.
After a lengthy discussion, the Planning Board advised Mr. Graves to initiate a dialog with his abutter, who's property is under the same restriction that's on his property, and come back to the Planning Board for further discussion. In addition, should the Planning Board approve a plan, Mr. Graves would need to go before the Zoning Board of Appeals for a special permit approval due to non-conforming building setback. Ms. Cini will contact the Planning Board to schedule another meeting date.
McCarthy/Weisner, Assessors Map 31, placeLot 14
Chris Alley, from Schofield, Barbini & Hoehn, Inc., representing Linda McCarthy, came before the Board for an informal discussion proposing a subdivision plan for estate planning. The plan illustrated a 4.1 acre lot with a proposed lot line drawn between the guest house and the main house, creating a non-conforming lot. Ms. McCarthy would like to eventually will this parcel with guest house to her son (adjacent lot; Map 31, placeLot 18). Because the distance between the dwelling and the proposed lot line is less than the required 50 foot setback, this plan would need to go before the Zoning Board of Appeals for a special permit. After a lengthy discussion, the Planning Board determined that this could not be presented as a Form A since the non-conforming lot lacks the required 100' of road
frontage. The Board advised Mr. Alley to come back to the Planning Board with an ANR plan creating two lots with the required road frontage, as opposed to the proposed three (3) separate lots. Mr. Alley will contact the Board to schedule a meeting date.
Chilmark Master Plan Update
Janet Weidner reviewed the categories that the Planning Board will be addressing in the MP Update, which consists of PlaceTypeTown PlaceTypeCenter, Menemsha and placePlaceNameTown-owned PlaceTypeLand. The Planning Board decided to address the category of placePlaceNameTown-owned PlaceTypeLand first. The Board reviewed a map of Chilmark highlighting all land parcels that the town owns. It was suggested we should have a map illustrating town owned land, land bank land, land with conservation restrictions, etc…and include in the MP Update. At the next meeting, the Board will brainstorm ideas for potential uses of available town owned property.
Administration
- The Planning Board will discuss the FY09 Budget at the next PB meeting, December 10.
Calendar
The next Planning Board meeting is Monday, December 10, 2007 at 4:30 p.m.
There was no other business. Mr. Osnoss adjourned the meeting at 6:40 p.m.
Minutes respectfully submitted by PersonNameChristina Soulagnet, Administrative Assistant.
| 
