CHILMARK PLANNING BOARD
Meeting Minutes
Monday, March 22, 2010 @ 4:30 PM
Approved
Present: Janet Weidner, chair, John Flender, Russell Walton, William Meegan
Todd Christy, Administrative Assistant
Not Present: Mitch Posin, Rich Osnoss, Tim Lasker
Public: Glenn Provost.
Call To Order:
Ms. Weidner called the meeting to order at 4:35pm
Public Hearing:
>Ms. Weidner read aloud the publicly posted notice and opened the meeting.
>Ms. Weidner read aloud the amendment as presented.
Ms. Weidner asked Mr. Christy to give a brief description of the proposed amendment.
Proposed Language Amendment to Chilmark Town Zoning Bylaw:
Section 6.9 Homesite Housing:
D. Use and Transfer of Homesite Housing Lots:
Homesite Housing lots shall be subject to Deed Restrictions as set forth in a Deed Rider approved by the Housing Committee, which shall run for the maximum term permitted by law, shall be enforceable by the Town, shall Limit:
7. The resale or transfer to Eligible Purchasers and spouse or descendant, which spouse or descendant need not be Eligible Purchasers but shall otherwise comply with all covenants of this lease.
Currently, to take an Affordable Homesite one must be an Eligible Purchaser, described as someone earning up to 150% Area Median Income.
With no public present to give input, Ms. Weidner asked if there was a motion to close the public hearing. Motion was made to close the public hearing and the motion was seconded. All ayes approved the motion. Public Hearing was closed at 5:04pm
The motion was made that The Planning Board request the BOS place the proposed amendment on the warrant with no specific recommendation from the Planning Board. That motion was seconded and approved all ayes.
Wind Moratorium: Public Hearing Cont.
The Planning Board Chair, Janet Weidner, opened the Public Hearing at 5:06pm. There were no public present. Ms. Weidner asked Todd if there were any letters to the Planning Board, which there were not. The motion was made to close the Public Hearing to written comment. The motion to close was seconded and approved all ayes.
The motion was made that the Planning Board recommends to the Board of Selectmen that this proposed amendment be placed on the warrant and go to Annual Town Meeting for discussion and vote. That motion was seconded and approved unanimously.
New Business:
Glenn Provost:
Mr. Provost came before the board to present a Form A Subdivision, or Approval Not Required (ANR), of the Graves Property located at Map 7, Lot 29, off of tea Lane. The Property has self-imposed covenants dated April 2, 1999 that restrict further development. These covenants were released on January 16, 2010 allowing further subdivision. The Grave’s property was allowed to develop two homes due to its size with the condition requested by the Planning Board, restricting further subdivision and expansion of the property, which is what they propose now.
Mr. Provost said there were three things to consider: the Covenant, the adequacy of the road, and the Zoning violation.
Covenant: The restrictive covenant has been released by all parties. Road Frontage: the road has been there since 1968. Is it adequate? The two parcels have dwellings that will both be violating current zoning setback as they are 24’ from proposed property lines. This plan would need to go to ZBA for approval of the Zoning Violation. The second house on the property was allowed under the premise that no further subdivision would happen. This will increase the density and could allow three more houses in this subdivision.
The board requested Town Counsel to give an opinion on the validity of the covenants, allowing further subdivision. An extension was agreed to with Mr. Provost, acting as agent for the applicant, moving the date of decision from April 7, 2010 to April 14, 2010.
The Town Clerk will be notified of the extension date.
Energy Committee:
Mr. Meegan reported that he had spoken with Wendy Weldon, Tyler Studds, Kent Healy and John Flender to be on the Energy Committee to research Wind Energy in Chilmark.
Items for next meeting:
North Tabor Farm Lease
Minutes:
Minutes from February 8, 2010 were not reviewed.
With no more business to discuss, Ms. Weidner adjourned the meeting at 6:50 pm.
Minutes respectfully submitted by Todd Christy, Administrative Assistant.
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