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Planning Board Subcommittee Minutes 07/23/14
APPROVED
Chilmark Planning Board Subcommittee Meeting
June 23, 2014
Present:  Janet Weidner, Chair, Dan Greenbaum, Joan Malkin
Not Present:  
Public: Ann Wallace & Jessica Roddy, Housing Committee Members
Staff: Jennifer Christy, Administrative Asst.
Meeting called to order at 3:00PM:

  • Accessory Apartment Bylaw Draft:
  • Committee members reviewed the April 7, 2014 draft bylaw presented by Ms. Roddy.
  • The objective of the bylaw was discussed.
  • Terms were discussed and it was agreed that the term should  be ‘accessory apartment’ rather than various other terms. Ms. Roddy agreed to change all ‘apartment(s)’ to ‘accessory apartment(s)’.
  • In #1, the word ‘principal’ should be inserted before ‘dwelling’.
  • It was noted that owners must live year-round in one of the dwellings.
  • Ms. Malkin noted that it should be clear that all other ZBLs must be adhered to in order to receive a special permit under this bylaw.
  • Ms. Weidner inquired about the rates and how the rates would be regulated. Ms. Roddy stated the establishment and administration of the rates is done through the DCHRA. It was noted that this should be stated in the bylaw.
  • Discussion occurred regarding uninsulated, seasonal, livable spaces. Further discussion occurred regarding a change of use of existing structures to use as an accessory apartment. It was noted that only one accessory apartment may be allowed by special permit, either through a pre-existing structure or through a new structure.
  • Discussion occurred regarding #4 and the meaning of ‘street side’ when many houses will be off of a main road. Ms. Roddy agreed to amend that section.
  • In #6, it was agreed that the first phrase, ‘Any building permit…’ should be changed to ‘Any special permit…’
  • It was noted that #6 is confusing to read. Ms. Roddy agreed to rewrite #6.
  • Ms. Roddy noted the change needed in #7 as well of replacing ‘Any building permit…’ to ‘Any special permit…’
  • Discussion occurred about the options after a family member who is being cared for and living in the accessory apartment no longer lives there. The question of how the apartment would be used after it is vacated by the occupant was discussed. It was noted that requiring the owner to adhere to the rules for use or tear down the structure may be difficult to enforce, particularly after the family or caregiver occupant no longer lives there. Ms. Roddy noted that there is no easy solution to the problem of enforcement of status of tenant over the long term.
  • Ms. Malkin asked Ms. Christy to verify that the special permits are recorded on the deed.
  • Discussion occurred regarding B., 1., b. and what impact it could have on affordable housing. The Building Inspector asked for this section to be included, said Ms. Roddy. It was agreed that b. should be taken out of the bylaw draft. It was noted that a. should also be folded into 1. Ms. Roddy agreed to make these changes.
  • Ms. Malkin noted it needs to say ‘if the owner is only living there in the summer.’ She also noted that the beginning of 2. needs to be consistent with 1. on the first page.
  • Discussion occurred regarding #3. It was noted that it is unclear whether a. is necessary and how it would be implemented. It was agreed that Ms. Roddy would work with Ms. Christy to fine tune the implementation of the administrative areas of the draft bylaw.
  • Ms. Weidner suggested the topic be presented to the Planning Board in order to schedule a public hearing. Discussion occurred about how the bylaw submission would work. Ms. Christy was tasked to ascertain possible special town meeting dates and procedure for submitting draft bylaws to the BOS. It was asked whether the Housing Committee could submit the draft bylaw.
  • Historical Building Draft Bylaw:
  • Ms. Christy was asked to send out the draft that Ms. Malkin wrote and invite Jane Slater, the Historical Commission, Pam Goff, the Building Inspector and Kate Warner to the July 14 meeting.
  • Minutes: May 12, 2014 minutes were reviewed. Motion was made to accept the minutes with no changes. The motion was seconded. All ayes.
  • Next Meetings: July 14 & July 28, 2014, 3PM
Meeting adjourned at 4:25PM. Minutes respectfully submitted by Jennifer L. Christy