Chilmark Planning Board Minutes
Public Meeting @ 4:30 p.m.
Monday, August 25, 2008
Final
Present: Janet Weidner, Chairperson; Russell Walton, Richard Osnoss, Mitchell Posin,
Tim Lasker, William Meegan, and Christina Soulagnet, Administrative Assistant
Absent: John Flender
Guests: Frank LoRusso, Zee Gamson and Reid Silva
Call To Order
Ms.Weidner, Chairperson, opened the meeting at 4:37 p.m.
Meeting Minutes
The Board reviewed the meeting minutes of August 11, 2008. Mr. Posin moved, Mr. Walton seconded and the Board voted to approve the meeting minutes as amended.
Bussink/LoRusso/Keene Homesite Lot (Map 7, Lot 35)
Janet Weidner began the discussion by giving an overview of the events leading up to this meeting, the focus being the method of choosing a recipient for the Homesite Lot. The subdivision plan, which was filed with the Land Court, had a notation on the linen stating that the recipient of the Homesite lot will be chosen by lottery, and the Planning Board's position is that legally, the notation on the linen must be followed. Mr. LoRusso believed he had the right to choose a recipient because of the Housing Committee Implementation Guidelines stated this option. Due to the difference of opinions, the Board voted to seek legal advice.
Ms. Weidner read aloud Mr. Rappaport's legal opinion, which stated,
"Yes, I believe the Planning Board had the power to make the decision that it did
at the August 11, 2008 meeting - meaning that the applicant agreed to be bound
by the lottery when it did not appeal Condition 8 of the Planning Board's
December 10, 2007 decision."
Ms. Weidner explained that the Board did not make a decision at the August 11, 2008 meeting, rather the Board took a position, and this point was conveyed to Mr. Rappaport, who responded,
"The position of the Planning Board is correct. This is not to say that there are not
vehicles available (see for example. MGL c 41, s. 81W) to revisit the issue."
The Board informed Mr. LoRusso that the Mass. General Law reference discusses the procedure for amending a plan. Mr. LoRusso confirmed that he accepts Mr. Rappaport's opinion and that he was not going to push the issue. The Board stated that they respected Mr. LoRusso for honoring the decision and commended him on his generosity. Zee Gamson, Housing Committee member, stated how elated the Committee is for this opportunity.
The Board had a couple of questions concerning the application and the lottery process.
Ms. Gamson provided a brief explanation of the lottery procedure and the qualification process for the applicants, and suggested that the Board receive a copy of the housing application for their information.
The Board had a general discussion concerning the difference between a property owner carving
off an acre for someone versus a developer developing the land, which creates a Homesite lot.
Ms. Gamson commented that the Housing Committee was discussing this very issue at their last meeting and discovered that the bylaw has a loophole that needs to be addressed. It was the sense of the Board that if a Homesite is an extraction of a subdivision, then a lottery should be conducted. If it is a development of multi-lots and it goes to the Martha's Vineyard Commission who decides the number of affordable lots, then it should be a lottery. A private landowner pursuing to carve off an acre for a particular person, who would need to qualify, could designate a recipient. The challenge is how does one differentiate whether an applicant is a developer or a property owner or both.
The Board thanked Frank LoRusso and Zee Gamson.
Affordable Housing Opportunities
Christina Soulagnet provided an update of the affordable Housing Opportunities:
- Nabs Corner (Engley/Town Land Swap) was approved at the State level on August 6, 2008 and if no appeals are filed, it will be available to the Town on September 6, 2008. The next step would be the Town to come before the Planning Board for an informal discussion, a subdivision plan created, Planning Board approval and then Zoning Board of Appeals approval.
- Tax Taking Property: There is a 2.1 acre parcel off Kings Highway that has already gone through and completed the process of tax title search. This property will be available to the Town come October 2008.
- Middle Line Road Community Housing Program: The Town received two responses to the Request for Proposal (RFP); one was incomplete. The evaluation period has been extended to mid-October.
Chapter 91 License Application - Map 27.1, Lot 120
Reid Silva, Vineyard Land Surveying, began the discussion by explaining to the Board that a Chapter 91 License Application is a procedure to obtain a license from the state to lease space. The applicant, Deborah Hancock, is filing the application for permitting of the existing dock located at 18 & 20 Crick Hill Road, Chilmark, MA. Ms. Hancock provided a letter of consent from the co-owner of this dock, Jerome P. Kenney and Carol B. Kenney. Mr. Silva informed the Board that the process requires notification of the Planning Board, not approval. Mr. Silva confirmed that the Zoning Board of Appeals, the Harbor Master, the Building Inspector and the Conservation Commission have all be notified. Mr. Posin made a motion that the Planning Board received and reviewed the application, Mr.
Walton seconded and all members approved the motion. Ms. Weidner, Chairperson, signed the documents.
Administration
- Correspondence from Chris Murphy regarding public views in Chilmark. Mr. Murphy proposed offering property owners tax credits for maintained public views. The Planning Board had a brief discussion concerning preservation of public views and believes that the input collected from the Master Plan Update Survey may prove that the community would support this initiative. The Board asked Christina to draft a response letter to Mr. Murphy. The Board will revisit this item at a future meeting.
- The Planning received a letter from the Squibnocket Pond District Advisory Committee informing the Board that the Committee reviewed the building permit application of Honker & Sons, LLC, (Map 35, Lot 1.2) and has approved the application.
Middle Line Road Easement/Association Agreement: This discussion has been postponed and will be rescheduled at a future Planning Board meeting as the final document in not available at this time. Mr. Parker will contact the Board upon its completion.
Master Plan Update Survey
Ms. Weidner informed the Board that the survey is completed and will be mailed out within the next two weeks. Christina will prepare mailing lists, mailing labels, and envelopes.
Special Town Meeting
There was a general discussion regarding the Town purchasing the Homeport Restaurant and the beach frontage parcel. This will be an article on the warrant for the September 22, 2008 Special Town Meeting. Once the warrant is available, Christina will provide copies to the Board members.
Joint Planning Board Meeting with W.Tisbury
The West Tisbury Planning Board would like to have a joint Planning Board meeting at the Chilmark Town Hall to discuss Zoning Bylaw Regulations concerning windmills, noise regulations and over-sized homes (McMansions). The meeting date has not been confirmed.
Calendar
The next Planning Board meeting is on September 8, 2008 at @ 4:30 pm.
There was no other business. Ms. Weidner adjourned at 6:20 p.m.
Minutes respectfully submitted by Christina Soulagnet, Administrative Assistant.
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