Chilmark Planning Board Minutes
Public Meeting @ 4:30 p.m.
Monday, August 11, 2008
Final
Present: Janet Weidner, Chairperson; Russell Walton, Richard Osnoss,
Mitchell Posin, Tim Lasker, William Meegan, John Flender and
Christina Soulagnet, Administrative Assistant
Guests: Frank LoRusso, Jeffrey Day, Chuck Hodgkinson and Ronald Mecher
Call To Order
Ms.Weidner, Chairperson, opened the meeting at 4:30 p.m.
Meeting Minutes
The Board reviewed the meeting minutes of July 28, 2008. Mr. Posin moved, Mr. Walton seconded and the Board voted to approve the meeting minutes as amended.
Green Property, Map 26, Lot 66.2
Ron Mecher, State Appraiser, informed the Board that he is in the process of appraising Barbara Green's property (Map 26, Lot 66.2; 15.1 acres) for tax assessment purposes. Mr. Mecher requested the opinion of the Board concerning the potential use of this property and asked if the provision in the Subdivision Rules and Regulations, which would allow three homes to be built before going to the Planning Board if the property was never subdivided since 1975, would apply to this 15.1 acre parcel. The Board discussed the history of the property and concluded that this parcel was once part of a larger subdivision of land; therefore, only one house can be built with the possibility of a guesthouse (special permit through the Zoning Board of Appeals). Mr. Mecher questioned if the parcel could be subdivided
into four lots. The Board stated that a 40' right of way leading up to the property is a requirement of Form C subdivision and presently, a 40' right of way does not exist. Mr. Mecher confirmed that obtaining a 40' right of way would be impossible. It was the sense of the Board that this parcel of land is entitled to one house and the possibility of a guest house (special permit through the Zoning Board of Appeals). Christina to draft a letter to Mr. Mecher stating the Board's opinion.
Bussink/LoRusso/Keene Homesite Lot (Map 7, Lot 35)
Mr. LoRusso began the discussion by stating that he is one of the four investors in the property
and believes he has the right to choose a recipient for the Homesite Lot rather than a lottery.
Mr. LoRusso referred to the Implementation Guidelines for Homesite, which has a provision that states a property owner may either designate a recipient or refer the lot to the Board of Selectmen for award by lottery. If the owner fails to designate a recipient within sixty (60) days of receiving approval, then the recipient shall be selected from lottery. Mr. LoRusso believes he has the right to designate a recipient, he confirmed that he is within the sixty (60) day deadline, and he is asking the Planning Board that the Homesite Lot be designated to Jeffrey Day, who resides in Chilmark, is a Chilmark Police Officer, and has been on the affordable housing list for a number of years.
The Board acknowledged Mr. LoRusso's request and explanation. Ms. Weidner responded that although Mr. Day is an asset to the community and could be a potential recipient of the Homesite Lot; there are legal parameters already established on this property. The Board outlined the series
August 11, 2008 - Planning Board - Page 2
of events involved with this application. This parcel was part of a larger subdivision owned by Pearlson and Sturges. This application went before the Martha's Vineyard Commission (MVC).
MVC placed a condition on that parcel to create a Youth Lot when subdivided. The MVC at a later hearing changed the Youth Lot requirement to a Homesite Lot to ensure affordability in perpetuity. Bart Bussink purchased the property and presented to the Planning Board a 4-lot subdivision plan; one lot designated as the Homesite Lot. Due to financial struggles, Mr. Bussink came to the Planning Board for direction, at which time the Planning Board worked with
Mr. Bussink and was able to create an extra lot keeping within the same maximum build out.
At that meeting, Mr. Bussink was given the option of picking a recipient for the Homesite Lot or choosing to lottery the Homesite Lot. Mr. Bussink chose to lottery the Lot and offered to put a notation on the linen stating such. Mr. Walton read aloud from the July 10, 2006 meeting minutes which states that Bussink opted to have a lottery for this Homesite Lot. The Subdivision plan was signed with the notation on the linen, but never filed with the Registry of Deeds. The Planning Board signed a re-approval of the plan in December 10, 2007 and the plan was filed with the Registry of Deeds on June 10, 2008.
Mr. Lasker recognized Mr. LoRusso's compassion and heartfelt situation. Mr. LoRusso stated
that he conferred with Andy Goldman, Housing Committee Chairman, and who agreed that
Mr. LoRusso has the right to chose a recipient per the Implementation Guidelines; however, Mr. Goldman was unaware that the notation for lottery was on the approved, filed linen. Mr. Osnoss suggested that the Planning Board seek legal opinion concerning these circumstances. Ms. Weidner concluded the discussion by confirming that the Planning Board will consult with Mr. Ron Rappaport for his legal advice concerning which has precedence; an approved, filed linen versus the Implementation Guidelines. Mr. LoRusso added that he is a majority stockholder of this property and he would welcome an opinion from legal counsel. Mr. Flender moved to refer this situation to Town Counsel, Mr. Walton seconded and all members approved the motion.
The Board had a general discussion concerning property owners versus developers.
Master Plan Update Survey
Ms. Weidner informed the Board that the survey is complete and will be mailed out within the next two weeks. Christina will prepare mailing lists, mailing labels, and envelopes.
Middle Line Road Easement / Association Agreement
This discussion has been postponed and will be rescheduled at a future Planning Board meeting.
Calendar
The next Planning Board meeting is on August 25, 2008 at @ 4:30 pm.
There was no other business. Ms. Weidner adjourned at 6:17 p.m.
Minutes respectfully submitted by Christina Soulagnet, Administrative Assistant.
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