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Planning Board Minutes 07/27/09
CHILMARK PLANNING BOARD
Meeting Minutes
Monday, July 27, 2009 @ 4:30 PM

Present: Janet Weidner, chair, Mitchell Posin, Rusty Walton, John Flender, Billy Meegan,
Absent: Tim Lasker, Rich Osnoss

Public: Glen Provost, William Vincent, Cathy Palmer, Irving Petlin, Michael Palmer, Jen Wlodyka, Lev Wlodyka

Review of Minutes:
        Minutes from July 13, 2009 approved as amended.
        

Form A Subdivision:
This was a continued discussion from July 13, 2009 for Vincent Property located on South Road.
(The Board had approved a site visit to access the road to determine suitability.) The chair asked if the Planning Board members had the opportunity to review the site of the access in question at the mouth of Bartlett Woods Road. All present said they had reviewed or were familiar with the road.
        Background information: This property is owned by William and Robert Vincent (Map 11, parcel 1.2). Mr. Provost proposed to create two lots out of the single lot. This proposed subdivision of property has been before the board before, but in a slightly different configuration. Mr. Provost emphasized that this division of property actually reduces the potential number of dwellings per lot, thus reducing the potential density of this area. He raised the point that this property has not previously been subdivided  and could have three dwellings on it without coming before the Planning Board. By dividing this into two lots, it would only allow for one dwelling, per lot, for 5 years then a guest house application could be made at that point for each lot.

The discussion focused on the possible reconfiguration of the mouth of Bartlett Woods Road, the access which was described as not being able to afford two cars to pass. If the throat of Bartlett Woods road could be widened to accommodate two cars passing and the slope of the road graded to about 8% slope that may be enough to move this approval process ahead. Since this Form A is not a conditional form, it was suggested that if this Form A was brought back as a Form C, the conditions could require the road being brought up to town specifications before further development of this lot was approved.

Mr. Petlin who is an abutter  residing at Wayside Farm, voiced his opposition to changing the road due to his easement rights for the parking space on the Vincent property.
Ms. Palmer and Mr. Palmer, also of Wayside farm, raised both their concerns of the traffic along the road and of the house being in such close proximity to the potentially busier road.
Mr. Provost described the rights of the Wayside Farm easement and suggested that the road could be changed without affecting those rights.
Action Taken:
The discussion came down to the simple issue of the road access being suitable for the division of property as presented. Based on the grade and the width of the access, the board did not think the road was suitable for this type of approval.

The motion was made to deny the plan as presented based on the suitability of the road access. The motion was seconded. The Planning Board voted 4 in favor of disapproving the plan, 1 vote not in favor of disapproving the plan.


Form A Subdivision:
Roaring Brook LLC
Mr. Provost presented a Form A, approval not required, subdivision located on North Road that would include 61,100 sq ft of land. Mr. Provost described the property and its history, being apart of the Cagney estate that was surveyed in 1983 by Dean Swift.
The current parcel as surveyed has a break in the stone wall allowing access to the parcel. The land around this parcel is described as ‘wet’, or ‘wetlands’ and presents a challenge for siting and setbacks for a proposed dwelling. Mr. Meegan described the process for the Wlodyka family to get a youth lot and the many parts to this approval process, being complicated and dependent on each part. The first part of this approval process is the division of this property that is before the Planning Board.
What was presented was a section of the entire property and Mr. Walton noted that it would be good to see the entire piece of property for the plan. The parcel allows for an easement to the back of the property for the possible future development of that parcel, should there be any.
Action Taken:
The motion was made to approve the division of land as presented into an unbuildable parcel of 61,100 sq. ft. that could be given a special permit to create a youth lot. The motion was made and seconded. The Planning Board unanimously approved the plan.

The parcel will need to be designated for Mr. Wlodyka as a youth lot, per his approved designation as an eligible youth lot recipient.

Board Discussion:
Mr. Meegan stressed the importance of understanding the rules and regulations approved by the town in an effort to make such issues as the Vincent Form A less gray and fuzzy and more black and white.

There was also discussion concerning the language used to describe how a previously unsubdivided lot can have more then one dwelling on it. The idea being one parcel, one dwelling. If the applicant wants more then one home, they would need to come before the Planning Board for approval beyond the single dwelling, relieving the threat of unchecked further development of a lot like the Vincent Property.

Mr. Meegan would like to revise the Rules and Regulations 1.03 and 1.04.

Master Plan:
Ms. Weidner described the progress made on the Master Plan survey results for 2008-9. The results are almost ready to be presented to the public online on the Town’s website.

West Tisbury Cell Tower:
There was a brief discussion concerning the expansion cell coverage area of the cell Tower in West Tisbury. The board was interested to see the area encompassed by the expansion and would it reach down into Quansoo.

WECS Public Hearing:
Ms. Weidner opened the Public Hearing and suggested the Board continue the Hearing.
Motion was made for a continuance. The motion was seconded and approved by the Board.
The continued Public Hearing is set for August 24, 2009 at 4:30 pm

The Board would like to have Tyler Studds join us again for our discussion concerning WECS.


Administration:
North Tabor Farm:
Agreement and legal questions for Town Counsel.


                        
With no further business to discuss, Ms. Weidner closed the meeting at 6:21pm.
Minutes respectfully submitted by Todd Christy, Administrative Assistant.