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CHILMARK PLANNING BOARD
APPROVED Meeting Minutes
Monday, February 11, 2013 @ 4:30 PM
Present: Janet Weidner, Chair, Catherine Thompson, Andrew Fischer, Mitch Posin
Not Present: Daniel Greenbaum, John Flender, Rich Osnoss
Public: Edward Miller, Joan Malkin, Vicky Bartels
- Meeting was called to order by Chair Janet Weidner at 4:35 p.m.
- Chair Weidner summarized the plans for the evening.
DBR Definition Discussion:
- Chair Weidner reviewed the verbal comments from town counsel Michael Goldsmith with the Board.
- The Board reviewed the latest draft available of the detached bedroom definition bylaw.
Preliminary Discussion-Vicky Bartels:
- Mrs. Bartels described her proposed plan to subdivide a portion of her lot on Blueberry Ridge. Her lot is 5.2 acres and she plans to purchase a neighboring 1 acre in order to divide the entire lot into two conforming lots.
- It was determined that the neighbor selling the lot would have to appear before the Planning Board to split off the 1 acre parcel.
- It was determined that Mrs. Bartels should return to the Board, subsequent to the neighbors’ 1 acre subdivision and her purchase of the 1 acre, with a Form A application.
Youth Lot Discussion-Matthew Mayhew:
- Mr. Mayhew reviewed with the Board his plans for a youth lot on the property off State Road at Map 30, Lot 48.
- It was determined that Mr. Mayhew would need to return to the Board with a Form A application. (It was later determined that Mr. Mayhew would need to return with a Form C application).
DBR Continued & Residential Bylaw Discussion:
- The Board reviewed its tasks leading up to the Annual Town Meeting. Wednesday, March 27 and Thursday, April 11 were confirmed as public forum dates at the library at 5PM. The library has been reserved for these events. Ms. Malkin and Ms. Thompson are preparing a letter to townspeople with bylaw explanations pertaining the bylaw’s impact on that individual owner. Jessica Roddy is compiling the numbers of gross living area for each lot owner to use for this letter. The letter will be mailed between the two forums
- Mr. Miller inquired about the process of calculating the size of a lot, for the purposes of this bylaw, if a portion of the lot is under a conservation restriction. It was determined that the state of the land would not likely have an impact on the the calculation of the size of the lot for the purposes of this proposed bylaw. However, it was agreed that the question needs more exploration.
- Mr. Miller also inquired about the result of an issue where a person with a large parcel builds structures that are close to, at or above the proposed limits for that parcel and then submits a proposal for a definitive subdivision. Chair Weidner stated that town counsel would need time to further consider this question due to the fact that the issue concerns two different state laws: zoning laws and subdivision control law.
- Mr. Posin made a motion to approve the proposed Detached Bedroom Definition bylaw. Ms. Thompson seconded the motion. The Board voted unanimously to approve the proposed bylaw for consideration by the Board of Selectmen and inclusion as a warrant article at the Annual Town Meeting.
- The Board reviewed the final draft of the Residential Bylaw. Mr. Fischer inquired about #11 under section F. Ms. Malkin responded with an explanation of why a mention of US Green Building Council is made in that item. Mr. Fischer explained that it may be misleading particularly to residential homebuilders and seems to require building to so-called LEED standards which are not currently required in town. It was agreed to take out the portion of the last sentence of #11 in section F. #10, section F., was also questioned and reviewed. It was agreed to revise this portion to say “10. The project is designed to minimize the fossil fuel use such as incorporating energy efficiency, conservation techniques and by using renewable energy sources.”
- Chair Weidner discussed the verbal comments of town counsel, Ron Rappaport. Mr. Rappaport expressed concern with the “upper limit” concept even though that limit increases with lot size. The reasoning behind his concern is that the basis of the rate of increase does not seem to be a logical, fact-based limit. However, he felt the Board developed a solid reasoning for the proposal of size limits before review is required. Ms. Malkin explained that the rate of increase is a reasonable number based on findings from Mr. Greenbaum’s scattergram in his rationale document (November 12, 2012). The rate of increase was selected in order to “capture” outliers that were identified in the studies done previously by Mr. Greenbaum. Chair Weidner stated that Mr. Rappaport was concerned that the portion of the bylaw which details a rate of
increase and imposes an absolute upper limit to a particular lot size is “uncharted territory.” Ms. Thompson read aloud the letter from Mr. Modigliani, dated Tuesday, January 25, 2013. Mr. Modigliani noted some inconsistencies in the proposed bylaw and existing bylaws.
- Mr. Fischer made a motion to approve the proposed Residential Building Size Regulations bylaw for submission to the Board of Selectmen and inclusion on the warrant for the Annual Town Meeting. Mr. Posin seconded the motion. There was no more discussion and a vote was taken. All ayes.
Minutes:
- January 28, 2013 Minutes were reviewed and approved with changes.
Next Meeting: Planning Board, Monday, March 11, 2013, 4:30 PM
With no more business to discuss, Chair Weidner adjourned the meeting at 6:30 pm.
Minutes respectfully submitted by Jennifer Christy, Administrative Assistant.
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