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Planning Board Minutes 08/21/13
APPROVED
Chilmark Planning Board
Subcommittee Meeting
August 21, 2013
Present: Catherine Thompson, Chair, Dan Greenbaum, Joan Malkin, Janet Weidner
Not Present:
Public:
Staff: Jennifer Christy, Administrative Assistant, Leonard Jason, Jr., Building Inspector
Meeting called to order at 10:03AM
  • Permanent File Meeting Update:
  • Chair Thompson updated the subcommittee on the progress of the permanent file topic.
  • Ms. Weidner stated that a key element of the discussion regarding a permanent file was the need to create a ‘road map’ to understanding the process of development of the Residential Building Size Regulations.
  • Ms. Malkin stated that she felt the ‘road map’ may not necessarily need to be annotated to include references to the actual files.
  • Ms. Weidner suggested that the entire collection of files should be reviewed and the salient points recorded as a starting point.
  • Chair Thompson inquired what the legal implications may be of creating a permanent file document.
  • The meeting schedule of the subcommittee was discussed and it was decided that the subcommittee would meet on the Mondays of Planning Board meetings.
  • Bylaw Revision Work:
  • Ms. Weidner asked the Building Inspector to clarify the issue of living space in a barn.
  • The Building Inspector confirmed that living space may be in or over any structure as long as the living space conforms to the restrictions for the particular lot.
  • Chair Thompson initiated the discussion on Article 3 of the Zoning Bylaws (ZBLs). Mr. Greenbaum inquired why there are 6 districts. The Building Inspector stated that the ZBLs were adopted piecemeal so the districts were established separately and many districts don’t have differences. The topic of drafting Art. 3 so that districts that have the same restrictions are merged was discussed.
  • Ms. Malkin discussed Art. 4 and proposed changing the wording of the 1st sentence. She further stated the word ‘building’ is not a defined term and should not be referenced. The Building Inspector agreed and stated that ‘buildings’ aren’t all regulated. Ms. Malkin proposed simplifying the language of Art. 4 and the subcommittee agreed.
Mr. Greenbaum highlighted the discrepancy between 4.1 and 4.3. It was proposed to eliminate the phrase ‘Agricultural-Residential District I’, keeping the ‘Permitted Uses’ phrase and adding ‘except Noman’s Land’. It was also proposed to state where the permitted uses for the Squibnocket Pond District can be found.
The topic of one family dwellings and dwellings for caregivers was briefly discussed and it was noted that this topic needs careful consideration.
Ms. Malkin inquired about Permitted Uses, Section 4.1, H.: A garage. She suggested that the phrase, ‘and other accessory structures such as a pump house or tool shed’ be made into section I. The shed roof dormer item would become J. and Detached Bedroom would be K. It was discussed that the Building Inspector should be consulted to understand the history and relevance of the I. A shed roof dormer item.
Ms. Malkin suggested the defined terms in the ZBLs be capitalized and in bold.
Ms. Weidner asked if Ms. Christy could research whether there is a draft bylaw concerning aquaculture that was presented to the Planning Board in the past.
Ms. Malkin reiterated that the Guest House definition on page 2-1 of the ZBLs should be limited to the first sentence and the rest be moved to the Guest House section 4.2A, 1.
It was agreed that Ms. Weidner would develop a chart of the ZBL items that need revision. She will work with Ms. Christy to keep this chart current.
Chair Thompson directed the subcommittee to the section 4.2. Ms. Malkin discussed that 4.2 may need to be rewritten or sections of the text moved to Art. 9.
Ms. Malkin noted that the last sentence of 4.2 may need to be reviewed as well. She asked whether this broadened the ZBA’s jurisdiction without need.
Ms. Weidner cautioned against eliminating or changing items in the ZBLs that may have been included for a very good reason not now known or realized. She suggested keeping a second list of discussion topics for a multi-board meeting, to be held in the fall, to gather information from other boards/committees referenced in the ZBLs.
Discussion continued about 4.2A. Ms. Weidner suggested that the first part of this section should state clearly and succinctly, in the first section, which accessory uses may be specially permitted.
4.2A, 1., b. was discussed. Ms. Malkin summarized the problem of the inconsistent measuring of living area in guest houses and other structures. Ms. Malkin suggested the Building Inspector be consulted. Chair Thompson suggested the Planning Board be presented with the issue of the inconsistent living area calculation basis of guest houses as opposed to other structures.
In 4.2A, 1., d., it was noted that the phrase ‘accessory dwelling’ is used instead of ‘guest house.’ Ms. Weidner stated that the use of the phrase is confusing and that ‘guest house’ should be the phrase used in the section on Guest House. Ms. Malkin noted that the definition of Detached Bedroom be limited, much as the definition of Garage must be limited and the other information placed in permitted uses or in uses specially permitted.
Discussion occurred about the building of a structure of 800 sq. ft. (guest house) prior to the building of a larger residence. The ZBLs regulate the construction of a Guest House to when they can be built and as accessory to the main dwelling. The Building Inspector offered some history of the guest house debate. It was decided the larger Planning Board should be consulted about the Guest House topic.
Ms. Weidner reminded the subcommittee that they are to clarify the moment that the 5 years of ownership begins for Guest Houses. The time period is stated more clearly in the pool area.
It was decided the next meeting would begin with discussion about the Guest Houses.
  • Minutes:
  • August 5, 2013 Minutes were not reviewed.
  • Next Meetings:
  • August 26, 2013, 3PM
  • September 9, 2013, 3PM
  • September 23, 2013, 3PM
Meeting adjourned at 11:44AM. Minutes respectfully submitted by Jennifer L. Christy