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APPROVED
Chilmark Planning Board
Subcommittee Meeting
July 15, 2013
Present: Catherine Thompson, Chair, Dan Greenbaum, Joan Malkin
Not Present: Janet Weidner, Andy Goldman
Public: Greg Ehrman, Phil Regan
Staff: Jennifer Christy, Administrative Assistant, Lenny Jason, Jr., Building Inspector
- Meeting called to order at 11:04AM
- Chair Thompson noted the new bylaws were approved by the Attorney General, in a letter dated July 9, 2013. Chair Thompson noted the new bylaws, as voted and approved, along with the Attorney General’s notice of approval and the required cover letter that includes the required wording in MGL 40, Section 32, were posted in 5 places in town( Post Office, Town Hall, Menemsha Gas Station, Community Center and Library) and on the town’s website. Chair Thompson asked if any person in the audience had questions that related to the new bylaw.
- Mr. Ehrman asked a question regarding total living area calculation and asked Mr. Jason specific questions regarding an upcoming project. Mr. Jason answered the questions posed by Mr. Ehrman.
- Discussion of plan for review of bylaws/Master Plan
- Ms. Malkin asked for an update from the Planning Board meeting of July 8.
- Ms. Christy read the motion proposed by Mr. Flender, at the Planning Board meeting of July 8, 2013, that was seconded and approved by a vote:
“The subcommittee should follow the ‘administrative fix’ approach while keeping an eye open for larger issues that appear in the review of the Zoning Bylaws and do so with a copy of the Master Plan at hand.”
- Mr. Greenbaum suggested all subcommittee members list the items in the zoning bylaws that need attention.
- Ms. Malkin asked that Mr. Jason read the list of items produced by Chuck Hodgkinson, from the Zoning Board of Appeals, and comment. Mr. Jason agreed to review and comment on the list.
- Ms. Malkin asked Ms. Christy to communicate with each Board/Committee, including the Planning Board & subcommittee, to see if there are suggestions for changes that those entities would like to propose.
- Ms. Malkin asked Ms. Christy to organize the suggestions/lists into a master document for the next meeting. Ms. Malkin suggested this list be provided to the Planning Board and at each time a change is proposed for one of the items.
- Mr. Jason was asked by Ms. Thompson how he would proceed. Mr. Jason suggested going through the zoning bylaws page by page and to look specifically at the Definitions section of the ZBLs and to look at height restrictions, for example.
- Discussion regarding the organization of a ‘permanent file’ for the new bylaws.
- Discussion occurred about how this would be accomplished and what exactly the permanent file would be comprised of.
- Ms. Malkin suggested that the subcommittee wait until Ms. Weidner returns to discuss the topic of a permanent file further.
- Mr. Greenbaum volunteered to create an outline for the creation of permanent file.
- Meeting with the Zoning Board of Appeals
- Chair Thompson asked Ms. Christy to contact the ZBA again.
- Biennial Review of the Zoning Bylaws
- Mr. Jason asked how the Planning Board may identify the ‘unintended consequences’ of the new bylaw, as directed in the amendment to the new bylaw made on town meeting floor on April 22, 2013.
- Mr. Jason noted, as illustrative of unintended consequences, a house that is substantially built into the ground. Therefore, the house is able to be built larger than it would be allowed to had it been above grade, without a special permit.
- Mr. Regan and Mr. Ehrman noted an unintended consequence in that foundations may be pushed out of the ground further to create better, more spacious space that does not calculate as total living area.
- Ms. Malkin suggested that the public be invited to ask what changes to the ZBLs they would make. Ms. Thompson asked that the topic of a public hearing or similar meeting be spoken about at the next meeting. Ms. Malkin asked that the topic of a public hearing be placed on the next agenda of the subcommittee.
- Mr. Regan suggested that, in a meeting with the ZBA, to ask what sort of objective criteria might be employed to determine if a project will be awarded a special permit.
- Ms. Malkin noted the thirteen criteria already included in the new bylaw.
- Mr. Greenbaum noted that the meeting with the ZBA had not happened yet and noted there is not enough special permit applicants to identify yet what is a likely outcome.
- No minutes were reviewed
- Next Meetings: Tentatively July 23, 2013, 11AM & Monday, July 29, 2013, 11AM
Meeting adjourned at 11:44AM. Minutes respectfully submitted by Jennifer L. Christy
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