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APPROVED
Chilmark Planning Board
Subcommittee Meeting
November 12, 2013
Present: Dan Greenbaum, Janet Weidner, Catherine Thompson, Chair
Not Present: Joan Malkin
Public:
Staff: Jennifer Christy, Administrative Assistant, Chuck Hodgkinson, ZBA Administrative Assistant
Meeting called to order at 3:08AM
- Zoning Bylaws (ZBLs) Review: Special Permit 1000 ft. Abutter Notification Discussion
- Chuck Hodgkinson reviewed the 1000 ft. radius notification requirement in regards to the two applications for special permits currently before the ZBA.
- Mr. Hodgkinson described his position as an administrator concerning who to notify and he verbally related his discussions with town counsel regarding the issue.
- In reference to special permits for total living area increases over the threshold, Ms. Weidner stated it was not the intention of the Planning Board, in the bylaw development, to require all applicants to notify abutters within 1000 ft.
Ms. Weidner suggested the ZBA make the determination about whether a project would require 1000 ft. notification at the Site Review meetings. Mr. Hodgkinson described the schedule of Site Reviews and ZBA hearings and noted it would not be feasible to wait until site reviews occurred before determining notification limits. Ms. Weidner inquired about the feasibility of holding Site Reviews one month in advance. Mr. Hodgkinson stated he thought that would not be feasible.
Chair Thompson noted that an aggrieved party would only be able to file an appeal if they lived within the 300 ft. area.
Ms. Weidner reiterated her concern with the decision to apply a 1000 ft. abutter notification to all special permit applications.
There was discussion regarding the problem that abutters may be notified within 1000 ft., but only those within 300 ft. may file an appeal.
Mr. Hodgkinson also noted other changes he made in the letters to abutters.
Mr. Hodgkinson further noted that the workload for notification does not amount to much since the ZBA still does not receive that many applications for special permits. He suggested the subcommittee consider including a trigger for an 1000 ft. abutter notification criteria such as whether the project’s addition of living area represents a certain high percentage of the total living area (TLA) for the lot. He noted that the criteria for a special permit is requiring more work from the architects/engineers/contractors.
There was further discussion about whether an abutter farther than 300 ft. may appeal a project. It was thought that the abutter notification area of the wind turbine bylaw was kept at 300 ft. because of the fact that an abutter may not appeal farther than that.
Discussion occurred regarding the inclusion of a definition of aggrieved abutter to be included in the zoning bylaws. Mr. Greenbaum noted that the letter to abutters outside the 300 ft. circle, up to 1000 ft., be phrased as a “courtesy” letter. Mr. Hodgkinson stated he felt uncomfortable with making a subjective decision about which projects would have abutters notified at 300 ft. or 1000 ft.
- Ms. Weidner stated she looks forward to the ZBA hearings on November 20, 2013 to hear how the criteria for a special permit are reviewed and discussed.
- October 24, 2013 Minutes were reviewed. The minutes were approved as written.
- Housing Committee Joint Meeting:
- It was determined that Ms. Christy must attempt to schedule a joint meeting of the Housing Committee and the Planning Board subcommittee to discuss section 6.0 of the ZBLs.
- Discussion of the Flexible Siting bylaw occurred. It was determined that more research must be done on 6.7 in order to understand its impact and importance.
- ZBLs Section 6.8 & 6.9 Review:
- Discussion of 6.8 occurred and it was determined that the subcommittee would wait to discuss this section with the Planning Board, specifically Road Agent Mitch Posin. It was also noted that the Homesite Housing section, 6.9, would benefit from a joint discussion with members of the Housing Committee.
The subcommittee members proceeded to section 7.0
- ZBLs Section 7, Rate of Development Review:
- Discussion occurred regarding the necessity of 7.1 Building Cap. The subcommittee decided to ask Ms. Christy to ask Lenny Jason, Building Inspector, to come to the November 25, 2013 meeting to help the subcommittee decide the value of 7.1 to the town and the history of the section.
- It was determined that the subcommittee would review the bylaws, starting at section 8.0, at the next meeting on November 25, 2013.
Meeting adjourned at 4:07PM. Minutes respectfully submitted by Jennifer L. Christy
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