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Planning Board Minutes 09/08/08
Chilmark Planning Board Minutes
Public Meeting @ 4:30 p.m.
Monday, September 8, 2008
                                                                        Final
                                                                                         

                               
Present:  Janet Weidner, Chairperson; Russell Walton, Mitchell Posin, William Meegan,
               John Flender, and Christina Soulagnet, Administrative Assistant
Absent:   Tim Lasker and Rich Osnoss
Guests:   Glenn Provost, Chuck Hodgkinson, Robert McCarron


Call To Order
Ms.Weidner, Chairperson, opened the meeting at 4:33 p.m.

Meeting Minutes
The Board reviewed the meeting minutes of August 25, 2008.  Ms. Weidner suggested two minor edits.  Mr. Posin moved, Mr. Walton seconded and the Board voted to approve the meeting minutes as amended.  John Flender abstained from the vote.

Nabs Corner [(Map 11, Lots 45 & 46) Hillman/Town/Land Bank Swap]
Glenn Provost, Vineyard Land Surveying, representing the Town of Chilmark, presented a draft proposed plan to create four 1-acre Homesite lots from a 10-acre parcel with  the remaining acreage utilized by the MV Land Bank for a trailhead and walking trail easement.  This property was previously owned by Mr. Hillman, who entered into an agreement with the Town of Chilmark and the Martha's Vineyard Land Bank to swap Lots 45 & 46, and in return, the Town would swap the Engley House property (off Middle Road (Map 7 , Lot  26.1) and the MV Land Bank would obtain property to allow trail connections from South Road to Middle Road.  

Mr. Provost commented that this an informal discussion on a preliminary plan and is asking the Planning Board for guidance.  Mr. Provost expressed that this subdivision could possibly be a Form A (Approval Not Required Plan) since the lots would have road frontage, the lots have access to a main road, and the property is prior to 1975 or perhaps this should be a Form C (Definitive Plan).  The Board commented that they would prefer this application to be presented
as a Form C due to the condition of the access road and to allow input from abutters.

The Planning Board outlined the issues:
1.  The condition of the Ridge Hill Road needs to be inspected and determined if adequate for the total number of users.
2.  A curb cut on South Road to create the MV Land Bank parking lot and trailhead.
3.  Site lines of the new proposed curb cut on South Road.
4.  The walking trail easement that would be between the Homesite lots; located on the Homesite properties, running north and south connecting the trailhead to the walking trail.
5.  Any abutter concerns.

The Board decided to schedule an out-of-cycle meeting on either September 29 or October 6 to allow the abutters to attend the meeting and/or provide written correspondence concerning the preliminary proposed plan.  Mr. Provost stated that he will try to get a representative from the MV Land Bank to attend the meeting as well.

Bussink/LoRusso/Keene Subdivision (Map 7, Lot 21)
The Planning Board co-signed the Board of Health Certificate of Approval document, which states that the Homesite Lot has an approved disposal works permit and that the all Lots in the subdivision have wells that have been drilled and pumped and each produces water to the satisfaction of the Board of Health.  Rob McCarron, Attorney for Bussink/LoRusso/Keene and Notary, notarized the document.

Mr. McCarron appeared before the board with two concerns.  The first concern pertained to the rate of development of the lots within the approved subdivision plan.  Mr. McCarron pointed out that the Planning Board signed a Form F Waiver, which would preclude the subdivision from the rate of development.  The Planning Board agrees that the Form F was waived, given that the road and the utilities have been completed to the satisfaction of the road surveyor; however, the waiver does not exclude this subdivision from the Zoning Bylaw Article 7, which outlines the rate at which lots can be built upon.  Mr. McCarron informed the Planning Board that the Homesite Lot (which is excluded from the rate of development) and one of the market rate lots is of interest at this time and requested to postpone the rate of development discussion until such later date that it is relevant.  The Board agreed.

The second concern of Mr. McCarron's was the view easement across Lot 34 in the approved subdivision plan.  Mr. McCarron informed the Board that Lot 34 is under agreement and that he came to the Planning Board to request the view easement be removed from the plan.  The Board reflected on the process of this subdivision application and noted that Mr. Bussink had requested the view easement on that particular lot to benefit Lot 37, which would keep Lot 37 marketable.  The Planning Board informed Mr. MCarron that the view easement is drawn on the plan as well as  noted as a condition.  The Board members discussed the impact of removing the view easement.  Based on the Martha's Vineyard Commission (MVC) letter of approval on the revised plan (which added the view easement) dated August 28, 2006, it was the sense of the Board that the removal of the view easement would not be a substantial change to warrant review by the MVC.  The Board outlined the steps necessary to amend a plan, which includes a public hearing, advertising in the paper and notification to the abutters.  Mr. McCarron will forward a letter of request, proposed solution and a modified sketch map in preparation for the hearing.  In the interim the Planning Board will schedule and advertise for the Public Hearing.  Date to be determined.

Bigelow (Map 22, Lot 123)
The Planning Board members signed the Bigelow Approval Not Required Certificate and Linen.  

Administration
- The Master Plan Update Survey will be mailed next week.  
- The Middle Line Road Easement / Road Association Agreement is still in draft form, per
   Riggs Parker.  Mr. Parker will forward the final version once it is available.
- The Special Town Meeting warrant was distributed for the Board's information.

Calendar
The next Planning Board meeting is on September 22, 2008 at @ 4:30 pm.  This meeting will be limited to one hour, as the members will be attending the Special Town Meeting that same evening at 7:30 p.m..

There was no other business.  Ms. Weidner adjourned at 6:37 p.m.
Minutes respectfully submitted by Christina Soulagnet, Administrative Assistant.