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CHILMARK PLANNING BOARD
Subcommittee APPROVED
Meeting Minutes
Tuesday, August 28, 2012 @ 10:00 AM
Present: Janet Weidner, Chair, Dan Greenbaum, Cathy Thompson, Andy Goldman, Joan Malkin, Jennifer Christy, Administrative Assistant
Public: Walter Teller, Myles Jaffe, Mark London, Edward Miller, Thomas Bena (filming), Russell Maloney, Sergio Modigliani, Jessica Roddy, Billy Meegan, Ken Iscol, Remy Tumin, Monina von Opel
Not Present:
- Chair Weidner called meeting to order at 10:00 a.m.
- Discussion occurred concerning what the best entity is to be the review board and the progress so far of developing an interim bylaw.
- Discussion occurred concerning the legal counsel of limiting house size. The Town of Wellfleet’s legal counsel was a topic and Ms. Roddy was asked to provide any documentation she has.
- Mr. Goldman advocated the tackling of changes in the bylaws regarding definitions and other “loopholes” in the bylaw.
- Ms. Malkin urged the Board to set up a separate subcommittee to consider the other changes to the bylaws that need to be made, such as in the definitions. But, Ms. Malkin felt the current subcommittee should focus on the interim large house bylaw.
- Ms. Malkin noted the points she came away with at the previous night’s Planning Board meeting with the members of the ZBA:
- The subcommittee should not recommend an interim bylaw, but should rather take Mr. Murphy’s advice to create a permanent bylaw.
- Limiting the discretion of the ZBA (or whichever entity is the review body) should be minimized but there has to be some because it will be impossible to have a solely yes/no exercise in the review.
- Does not have a preference for which body should review, but proposes the Site Review Committee would be a good choice.
- Suggests using consultants if the review body feels it is not fit to judge or does not have the time to judge.
- Chair Weidner asked Ms. Christy to research why the building cap cannot be renewed, if in fact that is the case. And, requested Ms. Christy research a previous bylaw that may have gone to town meeting.
- Chair Weidner also requested that Ms. Christy invite Peter Temple and others, such as Sarah Thulin, from the Aquinnah planning board review, to a Planning Board meeting.
- Mr. Maloney stated that the town cannot limit house size in Massachusetts. He stated further that the bylaws need to by tidied up.
- Ms. Malkin asserted other towns have been able to limit house size.
- Mr. London noted that the ZBA (or other review board) could deny a large house based on criteria (visual impact, cone of visibility, water impact, etc…), not on size.
- Discussion occurred regarding notification process and limits, view shed impacts of large projects, and the administrative drawbacks of comprehensive notification.
- Mr. London suggested the idea of “linkage”: development over a certain size would be required to make “payments” to the town for municipal projects. Mr. London also noted his support of the ZBA as the review board, but with the requirement that they cannot make a determination without findings from the Site Review Committee.
- Chair Weidner requested the subcommittee, by the next meeting, compile the drafts proposed and try to generate one document.
- Ms. Thompson proposed this subcommittee deal with the need to revise the bylaw definitions and noted she did not support appointing a second subcommittee for that task.
- Further discussion occurred regarding whether the future review board would make decisions based on absolute rules or by using discretion after evaluating the project against a set of criteria.
Minutes:
Next Meeting:
- Tuesday, September 4, 2012 @ 10:00AM
Meeting was adjourned at 11:30 AM.
Minutes respectfully submitted by Jennifer Christy, Administrative Assistant.
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