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Planning Board Minutes 10/27/08
Chilmark Planning Board Minutes
Public Meeting @ 4:30 p.m.
Monday, October 27, 2008
                                                                         Final
        
                              
Present:  Janet Weidner, Chairperson; Russell Walton, Mitchell Posin, William Meegan,
               John Flender, Tim Lasker, and Christina Soulagnet, Administrative Assistant
Absent:   Rich Osnoss
Guests:   Lenny Jason and Ruby and Paul Iantosca

Call To Order
Janet Weidner, Chairperson, opened the meeting at 4:31 p.m.

Meeting Minutes
The Board members reviewed the Meeting Minutes of October 6, 2008.  Mr. Posin made a motion, Mr. Walton seconded, and all members approved the minutes as amended.

The Board members postponed review of the October 14, 2008 Meeting Minutes.  

Noise Regulation Discussion
Ruby and Paul Iantosca are property owners in Chilmark.  They appeared before the Planning Board to express a concern with noise output from machines (pool equipment, air conditioning units, etc…) and asked if there are any town regulations in place now to protect a property owner from an abutter installing noisy equipment near their property line.  

Mr. Iantosca suggested a few options that the Town could consider in addressing the noisy equipment issue:  1. Require the applicant to plant a green buffer around the machinery,
2. Require the applicant to place machinery in an underground bunker, 3. Limiting the noise decibel level and have the building inspector police this activity, or 4.  Require a special permit
for the installation of machinery.

Lenny Jason, Chilmark Building Inspector, suggested amending the definition of structure in the Chilmark Zoning Bylaw to include pool equipment, air conditioning units, etc….  This would require all machinery to conform to the setbacks outlined in the Zoning Bylaws.

The Planning Board thanked the guests for attending and for their suggestions.  The Board will look into this issue and research all the possible options to address this concern.


Wind Turbine Zoning Bylaw Amendment
John Flender amended the Wireless Communications Zoning Bylaw to address Wind Turbines.  The draft was distributed to the Board for review and discussion.  Also distributed was the Master Plan Survey results generated from the wind turbine question.  This question revealed that the Town's people were in favor of wind turbines for residential use; 2:1.

The Board discussed the major aspects pertaining to wind turbines, which include the height of the unit, abutter notification radius, the visual component of the turbine and the noise factor.   The Board expressed the interest in obtaining a decibel reader to police the noise output of the wind turbine.  

Chilmark Planning Board                                 - 2 -                                           October 27, 2008




The Planning Board will initiate the process to amend the Wind Turbine Zoning Bylaw by forwarding a memo informing the Board of Selectmen.  This will confirm a spot holder on the Annual Town Meeting warrant in April 2009.  

The Planning Board requested that some of the experts on the island attend the next Planning Board meeting on November 10, 2008 to provide the Board with some guidance, advice and answers to wind turbine questions.  

High Meadow Trust Restrictive Covenants
Mr. Rob McCarron, the attorney for High Meadow Trust forwarded a copy of the High Meadow Trust Covenants for the five-lot subdivision, which includes the Homesite Lot.  The Planning Board was concerned that an equal share of the association dues burdens the Homesite Lot.   The Board asked Christina to contact David Vigneault at the Dukes County Regional Housing Authority for his experience and history with such situations.  In addition, Christina was asked to contact Rob McCarron with this concern and inquire of the probability of the document being revised to address this concern.

Correspondence from Ben Clark, North Tabor Farms
Ms. Weidner, Chairperson, read aloud the letter from Ben and Susanne Clark.  In the letter,
Mr. Clark requested that the Farm Committee established for North Tabor Farms be re-constituted with Ben & Susanne Clark and Bonnie & Sid Franks as new Grantors on the North Tabor Farm Committee and Farmer Agreement.  Furthermore, Mr. Clark requested that the annual Farm Report be updated and completed on an annual basis.  The Board agreed that the legal documents associated with North Tabor Farms need to be examined.  

With no further business to discuss, Ms. Weidner adjourned at 6:47 p.m.

Minutes respectfully submitted by Christina Soulagnet, Administrative Assistant.