Chilmark Planning Board Minutes
Public Meeting @ 4:30 p.m.
Monday, October 6, 2008
Final
Present: Janet Weidner, Chairperson; Russell Walton, Mitchell Posin, William Meegan,
John Flender, Tim Lasker, Rich Osnoss and Christina Soulagnet, Administrative
Assistant
Absent: None
Guests: Rob McCarron, Peggy Weis, Warren Doty, Arlan Wise, Julian Wise, Kim Pachico,
Charlie Pachico, Chuck Hodgkinson, Glenn Provost, Kimberly Cottrill, Frank Fenner,
Matthew Dix, Perry Ambulos, and Jim Feiner.
Public Hearing: High Meadow Trust (Map 7, Parcel 21, Lot 34)
Ms.Weidner, Chairperson, opened the public hearing at 4:30 p.m. and began by reading aloud the legal advertisement of the public hearing to rescind the view easement on Lot 34 in the High Meadow subdivision. Rob McCarron, attorney for High Meadow Trust, requested the deletion of the view easement notation from the linen (plan) because he believes that a municipal board should not govern this activity. Mr. Meegan reviewed the history of the placement of the view easement, which limited what could be built at that location, limited the building envelope and also preserved the view and sale value of Lot 37. Ms. Weis, an abutter to the property, stated that the removal of the view easement would allow the property owner direct sight into the back of her home and that her privacy would be gone.
Mr. Meegan suggested the possibility of planting screening, but this may not be useful since the land drops off too much and you would need 30' trees in order to provide coverage.
Ms. Weidner asked Mr. McCarron to explain what could go into the easement area. Mr. McCarron informed the Board that the slope on either side of the ridge is steep, so the only construction within this section would be the septic system, a four-foot fence, etc... Mr. McCarron provided comfort for the abutter stating that the prospective purchaser is considering building in the smaller, southern section of the lot.
With no further discussion, the public hearing was closed at 5:16 pm. A motion was made, and seconded to rescind the view easement. There was a brief discussion to keep the easement and allow the grantor to deal with it. Mr. Lasker and Mr. Flender both felt that the Planning Board should not police view easement activity. The members voted 5 yeas, 1 nay and 1 abstain to rescind the view easement.
Nabs Corner Informal Discussion (Map 11, Parcels 45 & 46)
Ms. Weidner began the discussion by giving an overview of events that created this parcel.
Glenn Provost stated he was asked by the Town to do a subdivision as shown on the proposed preliminary plan distributed by Mr. Provost. The preliminary plan proposes to create six lots; two lots designated to the MV Land Bank and four lots designated to the Town to create four 1-acre Homesite lots. Mr. Provost identified the concerns involved with this subdivision, which are a safe and adequate access road, the parcel is located in the roadside district, and h a curb cut on South Road to create a MV Landbank trailhead.
The abutters expressed concern with the density of homes and the impact on their wells.
Mr. Pachico suggested the Planning Board do a site visit to the location of the proposed homes. Ms. Weidner responded that all the members have been to the location and agreed that the space is not tremendous and will require thoughtful planning.
Arlan Wise commented that the space is not very wide. How can four homes fit in such a narrow strip of land? In addition, Ms. Wise wanted assurance that the abutter wells would be taken into consideration when planning for placement of the Homesite wells.
Mr. Provost stated that a plan will be created that includes viable lots, wells, septic systems and setbacks; however, the first step is the access road. Then percolation tests can be conducted, which will dictate where the wells and septic systems go and then lot lines can be drawn at that time. Mr. Provost assured Ms. Wise that the abutter wells and septic systems would be taken into account. There are setback regulations that ensure this is done.
Mathew Dix, MV Land Bank, stated that the sketch is a rough outline of the plans. There will be a curb cut on South Road, which will service the trailhead. The MV Land Bank prefers the trailhead location to be close to the road with a 50' - 60' green buffer. He said that the walking easement will hinder only a small portion of the Homesite lots.
The Planning Board discussed the number of property owners that access their homes using Ridge Hill Road. Arlan Wise, an abutter to the property, stated she thought a title search was done on Ridge Hill Road and revealed that each property owner owns a small portion of the road, the portion that crosses their property. Julian Wise stated he uses both roads, Ridge Hill Road and Hidden Springs Road, to access his home. Mr. Wise continued to say that if he were told that legally he is not permitted to use Ridge Hill Road, then he would stop using it. Charlie Pachico, an abutter to the property, asked how can the Town use this road for access to the four Homesite lots when the road goes through his property?
Billy Meegan reiterated that this sketch is an informal plan and now is the time to collect all the concerns so the plan can be amended to accommodate and satisfy as many people as possible.
Some of the concerns are:
- The property is in the Roadside District, so there are regulations that need to be heeded.
- The MV Land Bank will create a new curb cut off South Road for the trailhead.
- MV Land Bank walking easement.
- Abutter concern: Increased traffic on Ridge Hill Road through Mr. Pachico's property; does the Town have the right to access the four lots using Ridge Hill Road?
Mr. Meegan suggested the possibility of accessing the Homesite Lots through the MV Land Bank curb cut and trailhead. Question: Can you force the other property owners to use the new access entrance instead of the existing Ridge Hill Road entrance on Charlie Pachico's property?
Mr. Lasker expressed concern that section of road is a well-known, busy intersection and adding another curb cut would complicate the existing traffic pattern.
Mr. Pachico announced that he has submitted a proposal to the Board of Selectmen, which will be reviewed in executive session at the October 7, 2008 Board of Selectmen meeting.
John Flender stated that this discussion should be postponed until the executive session proposal before the Board of Selectmen is concluded and the issues are more apparent. The Planning Board members agreed. There was a motion, seconded and all members voted to postpone the Nabs Corner discussion to a future meeting. Mr. Provost stated that he would proceed forward with preliminary surveying to identify well and septic system locations.
Vincent Property (Map 11, Lot 1.2)
Glenn Provost, Vineyard Land Surveying, began the discussion by stating he is working for the Vincent's, who wish to convey their property. Mr. Provost presented to the Planning Board a road entrance relocation request, which would improve the sight lines in preparation for the interests of the potential buyers. Although there is no process outlined in the town regulations, Mr. Provost is asking for the Planning Board's support of a new curb cut, not necessarily approval.
Mr. Provost outlined the process, which involves notifying the Planning Board and obtaining a permit from the State. A new road would then be constructed using this new entrance and the existing road (Barlett Woods Road) would be closed. The new road would be presented in a Form C Definitive Plan to the Planning Board. Frank Fenner, an abutter, requested that the proposed road entrance be flagged. Mr. Provost confirmed that this has been done.
Mr. Provost brought up the issue of the Vincent's property being one or two parcels and commented that he provided Thomas Bracken, Attorney, with the property deeds and Mr. Bracken advised that its one parcel. A 27-acre parcel would need review by the Martha's Vineyard Commission.
Ms. Weidner stated that this situation is complicated. The Planning Board is reviewing the road entrance request for the Vincent's, but the potential buyers will be responsible for the construction of new road. Ms. Weidner requested that Mr. Feiner and Mr. Ambulos, potential buyers, to present a Form B to the Planning Board at a future meeting and that the Vincent's present a Form C subdivision plan, simultaneously. The Form B plan is a preliminary plan that will outline the new proposed road entrance, the new road and where it connects to the existing road that services the existing homes, and the plans for the remainder of the property.
Clarification is needed as to whether the Vincent property is one or two parcels. Mr. Provost explained to the Board that he provided Thomas Bracken, Attorney, with the deeds and
Mr. Bracken advised that it is one parcel. A subdivision of a 27-acre parcel will require a review by the Martha's Vineyard Commission.
Master Plan Update
To date, 230 surveys have been returned. This is a 12% return rate.
Meeting Minutes
The meeting minutes of September 22, 2008 were postponed until next meeting.
Zoning Bylaw Discussion
The Board discussed possible bylaw amendments to address over-sized homes.
With no further business to discuss, Ms. Weidner adjourned at 7:05 p.m.
Minutes respectfully submitted by Christina Soulagnet, Administrative Assistant.
| 
