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APPROVED
Chilmark Planning Board
February 10, 2014
Present: Dan Greenbaum, Janet Weidner, John Flender, Rich Osnoss, Chair, Mitch Posin
Not Present: Andrew Fischer
Public: Shakti Reynolds, David Damroth, Peter Alpert (Ropes & Gray), Chuck Hodgkinson (ZBA Admin. Asst.), Zach Wiesner, Joan Malkin (Subcomm. Member), Reid Silva (VLSE), Tom Wallace, Larry Lasser (President of the Squibnocket Farm Assoc.), Kara Shemeth (SBH), Jay Walsh
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, continued, at 4:30PM. Chair Osnoss read the new draft of proposed ZBLs with changes made at the earlier subcommittee, with assistance from Ms. Weidner (Chairperson of the subcommittee.) Chair Osnoss called for comment from board members and the public.
- Mr. Wallace inquired about the special permit criteria regarding property lines setback.
- Mr. Alpert suggested the special permit criteria should be qualitative. Alternative wording was suggested to achieve more qualitative criteria.
- Mr. Alpert noted the lack of necessity of the development of bylaws and a special permit process in order to address something that will not be a structure but a road.
- Mr. Hodgkinson suggested a change to criteria e. Further discussion occurred about the way to word e.
- Mr. Alpert stated the usual procedure to provide review of the project would be through a non-discretionary process as employed by the Site Review Committee rather than a discretionary process, such as used by the ZBA, which may negate a vote at town meeting to endorse a particular project.
- Ms. Malkin suggested a revised wording of e. Mr. Silva suggested a further refinement of e. to indicate ‘effort made to minimize impact on abutting properties’, rather than indicating a specific setback distance. Ms. Malkin suggested, “the project’s impacts on abutters whose property lines are within 50 feet of the project.” Mr. Silva reiterated his view that a set distance is arbitrary and will not address the issue any more successfully than not indicating a distance. It was suggested to change it to, “the impacts on abutters is minimized.”
- Mr. Alpert stated his agreement with Mr. Silva that the special permit process, if that is the type of amendment that is proposed, should be open for private and public applicants.
- Discussion continued about how the inclusion of a special permit process in a ZBL amendment may open up the possibility of special permits for bridge/roadways outside of the Squibnocket project.
- Mr. Lasser gave a lengthy description of the predicament of the Squibnocket Farms Association members.
- Chair Osnoss asked for input from Board members regarding whether to close or continue the public hearing. Ms. Weidner made a motion to continue the public hearing to Tuesday, February 18, 2014, 4:30PM. Mr. Flender seconded the motion. All ayes.
- Ms. Christy was asked to inquire about a possible extra FinComm meeting to address the bylaw amendments.
- Ms. Christy will send the amendments to town counsel with a request to provide comment. Ms. Malkin clarified that she would like to include in the correspondence to town counsel a description of why the amendments are drafted the way that they are.
- Turner Lots Definitive Subdivision (Nabs Corner):
- Mr. Silva presented the definitive subdivision mylar. It was confirmed that this definitive subdivision was already approved on June 8, 2009, and certified by the Town Clerk there were no appeals on August 11, 2009. An approval certificate is filed with the town clerk and the town clerk has signed a certificate stating no changes were made to the plan since August 11, 2009. Discussion regarding curb cuts and access occurred.
- Form A Engley House/ Hillman:
- Ms. Shemeth presented the ANR plan.
- The board reviewed the ANR plan and made a motion to endorse the plan. The motion was seconded. All ayes. The board members signed the plan.
- The minutes from January 27, 2014 were reviewed. Ms. Weidner made a motion to approve the minutes with changes Mr. Flender seconded the motion. All ayes.
- Next Meeting: Feb. 18, 2014
Meeting adjourned at 6:15PM. Minutes respectfully submitted by Jennifer L. Christy
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