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Planning Board Minutes 02/08/10
CHILMARK PLANNING BOARD
Meeting Minutes
Monday, February 8, 2010 @ 4:30 PM
Approved

Present: Janet Weidner, chair, John Flender, Russell Walton,
            William Meegan, Tim Lasker, Todd Christy, Administrative Assistant
Not Present:  Rich Osnoss, Mitch Posin
Public: Wendy Weldon, Cali Silva                                  
Call To Order:
Ms. Weidner, Chair, called the meeting to order at 4:30pm

Minutes:
Minutes from January 25, 2010 approved as amended

New Business:

FY11 Budget Review:
The FY11 Planning Board budget has a line item for water testing. This water testing refers to the testing done by the Wampanoag Tribe Water Testing Lab through Brett Stearns, as part of the Massachusetts Estuary Program. Chilmark had not been billed during FY09 for testing and this line had been questioned during FY11 budget review with the joint FinComm and Selectmen Committee. Mr. Stearns explained that the testing is done on a regular basis on Squibnocket Pond, throughout the year. The bill was just received in FY ’10 by Planning Board which totals $2000.00, thus requiring a vote of the board to make this payment.

>The motion was made to pay $2000.00 to the Wampanoag Tribe Water Testing Lab. That motion was seconded. The vote was approved unanimously.

Proposed Turbine Moratorium:
The Planning Board has been very busy with the subject of turbines. Chilmark currently has a windmill bylaw, but it has become apparent that the Zoning Board of Appeals needs to have a more defined set of criteria on which to base their decisions to allow a special permit. The board has made progress on this subject, yet it is clear that the depth of knowledge needed to address such a quickly changing technology requires time and sensible deliberation, including the possible input of specialists and consultants.
There is currently a citizen’s petition requesting that the zoning bylaws be amended, creating a one year moratorium during which time the Planning Board can attend to a comprehensive bylaw governing turbines. The Board discussed the possible moratorium and how this moratorium would require a Special Town meeting to approve. This petition is not unlike any zoning change and requires the Planning Board to attend to the same process outlined by Massachusetts General Laws, Chapter 40A, Section 5. After considerable discussion, the board members agreed to a date to hold a Public Hearing.

>March 8, 2010 at 4:30pm the Planning Board will hold a Public Hearing

Chilmark Energy Committee:
The Planning Board has discussed the convening of an Energy Committee to research and report to the Planning Board its findings concerning alternative energy systems with a primary focus on turbines. Two scenarios were discussed; private/ residential turbines and municipal facilities. The Martha’s Vineyard Commission has placed a moratorium on turbines over 150’ and now the town needs to address turbines under 150’. The discussion included the possibility of the town creating its own municipal power company and installing a large scale facility of its own on town land, which would thwart the need for small residential turbines, basically not allowing small turbines.
There also was discussion over the composition of the Energy Committee, which may include various members of other town boards including a member of the Planning Board, the ZBA, member at large, expert or consultant and an engineer.

>Mr. Meegan said he would ask several people to consider being involved.

Wendy Weldon Guest House:
Ms. Weldon has come before the board to have an informal discussion concerning her 19 acres on Squibnocket Pond, Map 35, Lot 2. She would like to know if it is possible to divide her property, selling a 9 acre piece with the main house which could have covenants restricting further development of that lot. She would retain the other 9 acre lot upon which she would build a home. This property is part of a very large 80 acre subdivision and would require further subdivision to proceed with her plan. The covenants that were approved as part of this subdivision restrict this further subdivision. If there were an agreement of all parties named in the original covenants, could she proceed?
Ms. Weldon would like to know how this can be done.

>The Board agreed to speak with town counsel concerning the covenants.

Administration:
        Water Testing Lab bill for $2000.00 was signed by the chair.


        With no more business to discuss, Ms. Weidner adjourned the meeting at 6:25 pm.
        Minutes respectfully submitted by Todd Christy, Administrative Assistant.