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APPROVED
Chilmark Planning Board
January 27, 2014
Present: Dan Greenbaum, Janet Weidner, John Flender, Rich Osnoss, Chair, Andrew Fischer, Mitch Posin
Not Present:
Public: Kate Warner, David Damroth, George Brush, Jane Slater, Bill Rossi, Wendy Weldon, Warren Doty, Lenny Jason, Joan Malkin, Thomas Bena, Eric Peters, Remy Tumin, Paul Hornblower, Jessica Roddy, Steven Flanders, Martha Flanders
Staff: Jennifer Christy, Administrative Assistant
Meeting called to order at 4:30 PM.
- PUBLIC HEARING: Proposed Zoning Bylaw (ZBL) amendments:
- Chair Osnoss opened the public hearing and read the published public hearing notice. The Chair indicated that the Planning Board subcommittee would make their report after he reads the proposed amendments to the ZBLs.
- Chair Weidner reviewed the proposed ZBL amendment discussion that occurred in the subcommittee meeting earlier.
- The subcommittee was concerned with unintended consequences that may occur if proposed changes are made to the ZBLs.
- The subcommittee discussed making changes to just Article 12 of the zoning bylaws and requiring a special permit for the project rather than including the amendments in a permitted section. Ms. Weidner noted that the ZBLs may need to be amended in Article 11 for projects occurring in that overlay district.
- The subcommittee currently recommends to the Planning Board that the changes be limited to the Squibnocket district in Article 12.
- Mr. Greenbaum added that the purpose of the subcommittee is to review the proposed bylaw and not to determine the merits of the proposed Squibnocket project.
- Chair Osnoss opened the discussion to the public.
- Mr. Bena inquired when the merits of the proposed Squibnocket project would be discussed and the Chair said the projects would be discussed at a different meeting, not necessarily a Planning Board meeting due to the fact that the Planning Board is not proposing the specific project at Squibnocket. Mr. Bena left the meeting.
- Mr. Damroth stated his concerns with the proposed Squibnocket project’s merit and with the lack of open process leading up to the current ZBL amendment discussion.
- Selectman Doty summarized the proposed Squibnocket project as the Board of Selectmen have envisioned it.
- Mr. Doty stated the plan was initiated in executive session meetings between the Vineyard Open Land Foundation (VOLF), the Squibnocket Farms Association and a committee composed of town members and a Selectman, Bill Rossi.
- Discussion occurred regarding the proposed ZBL amendments. Mr. Damroth inquired why the Selectmen wanted the town to move forward in time for the Annual Town Meeting in April 2014.
- Selectman Rossi stated the BOS’s interest is in providing value to the town residents through an enlarged beach and parking lot.
- Mr. Fischer inquired when the reports from the environmental and engineering consultants would be available. Mr. Rossi replied that they are expected in mid-March.
- Mr. Fischer inquired what the process has been up to this point for repairing the road annually and after storms.
- Mr. Rossi replied normal annual road repair costs about $8500 yearly, shared with the Squibnocket Association, and there is more cost if there is a weather event.
- Mr. Flender made a motion to continue the public hearing on February 10, 2014. The motion was seconded. The motion was brought to a vote and it passed unanimously.
- Selectman Doty stated that the proposed Squibnocket project seems to provide a much-needed improvement in the facility of the beach for townspeople at a reasonable cost.
- Selectman Rossi stated that the proposed Squibnocket project would be reviewed again at a Selectmen’s meeting in March.
- Mr. Jason stated that he felt the consultant’s reports should be available now, before decisions are made. Mr. Fischer stated the public is most likely waiting to hear from these consultants before they make a decision.
- Martha & Steven Flanders re Lot Release:
- Mr. Peters presented the signed Form D Performance Bond.
- Chair Osnoss called for a vote to approve the Lot Release. All members of the Board voted in the affirmative to sign the Lot Release and hold it in escrow until the receipt of the $25,000 bond. All members signed the Lot Release.
- Pam Goff, Historical Structures Impacted by the Residential Bylaw:
- Ms. Goff presented a draft amendment to the ZBLs that may help protect historic structures.
- Discussion occurred about how an amendment may curtail the demolition of the historic structures due to lot owners wanting to maximize their TLA amount (as determined by the Residential Size Regulations in the ZBLs.
- The Board discussed the possibility of having the subcommittee look at a way to protect historic structures within the ZBLs
- Chair Osnoss suggested the subcommittee discuss this topic and invite both Pam Goff and Kate Warner to the meetings to gather input.
- Leonard Bell, Map 32, Lot 72, Road:
- Chair Osnoss notified the other Board members that town counsel stated he had a conflict and could not advise whether the town Planning Board has jurisdiction over the Bell road.
- Mr. Brush stated the document, titled Supreme Judicial Court Dramatically Alters Law Governing Rights Between Landowners and Easement Holders and discussing M.P.M. Builders, LLC v. Dwyer, 442 Mass. 87, did not sufficiently apply to the Bell Road issue. He stated further that there is another controlling case, brought by PM Builders, which says that unless the lot owner materially reduces the usability and/or condition of the road/easement that crosses his or her lot then the lot owner may alter the location of the road/easement on his or her lot at will, without written or verbal permission from those who have deeded easements over the road.
- Chair Osnoss stated he did not think the issue of the road was in the jurisdiction of the Planning Board. All other Board members agreed. The Board took no action on the question of the portion of the road which crosses the Bell property at 11 East Lane.
- The minutes from January 6, 2014 were reviewed. Mr. Fischer made a motion to approve the minutes with one change. Mr. Posin seconded the motion. All ayes.
- Next Meeting: Feb. 10, 2014
Meeting adjourned at 6:15PM. Minutes respectfully submitted by Jennifer L. Christy
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