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APPROVED
Chilmark Planning Board
Sept. 22, 2014
Present: Dan Greenbaum, Janet Weidner, Joan Malkin, Mitch Posin, John Flender, Rich Osnoss, Chair
Not Present: Andrew Fischer
Public: Jessica Roddy, Housing Committee Member
Staff: Jennifer Christy, Administrative Assistant, Tim Carroll, Executive Secretary, Lenny Jason, Building Inspector
Meeting called to order at 4:31 PM.
- Zoning Bylaw Draft Amendments: Update from the Subcommittee
- Accessory Apartment Bylaw Draft:
- Jessica Roddy reviewed the new draft.
- Jessica noted key points of changes to the bylaw draft since last review:
- The owners do not have to live in the main house year-round.
- Occupancy must be year-round, except in the case where the owner is a seasonal resident and would like to have the apartment occupied by their caregiver who would only be in residence seasonally.
- Entrance restriction was added to lessen the appearance that an apartment is attached to the main residence.
- The issue of conversion of an existing apartment to a guest house was dealt with in order to ensure that the 5 year guest house limitation on new owners would not be avoided.
- It was noted by Rich that the issue of the door entrance was discussed at the last meeting. The Board thought the restriction of the door placement was vague. Discussion ensued. Jessica noted the door restriction is in West Tisbury’s bylaw amendment about Accessory Apartments. Lenny Jason noted that the door restriction was inserted in an effort to mitigate a possible motel look. After further discussion, the Board asked that the issue of the door be eliminated.
- Enforcement by the Building Inspector and a 5th year review of the bylaw amendment was added.
- The #16 draft is to be sent to Chuck for the ZBA meeting on the 24th and then a public hearing needs to be scheduled.
- Jessica left to prepare the draft #17 and sent it to Jennifer during the meeting.
- Tim Carroll reviewed the new plan and distributed color copies showing the proposed paths around the town center.
- As per the plan shown, the state is proposing to just install a path that is shown in orange.
- Changes are being made to the diagonal crosswalks from the Chilmark Store area to the road opposite and straight across from Beetlebung Corner to the library to make them straight across rather than diagonal.
- Janet asked if a certain material can be designated by the town for the paths or does the state have the say in the material choice. Tim replied that the town could ask for what they’d like but that the DOT is doing work in WT this fall.
- Janet asked also whether the Fischers or the Larsens would need to be asked for permission. Tim said, if the town wanted to progress with the plan, the Selectmen would definitely consult the neighbors.
- Tim stated that the DOT is to have plans ready for the October 7, 2014 Selectmen’s Meeting. Tim offered to walk the site with anyone.
- The Board members agreed to put the topic on the agenda for the October 27, 2014 meeting. Tim agreed to send the Board the revised plans.
- Zoning Bylaw Draft Amendments: Update from the Subcommittee
- Historical Building Draft Bylaw:
- Janet summarized the status of the Historical Building Draft bylaw.
- Lenny Jason attended the meeting and responded to the draft bylaw amendment.
- It was determined that the only way this amendment can be consistent with the existing zoning bylaws is if a special permit is issued for a second house to be built-no matter the size of the existing old, historical house. The old, historical house would be called the “guest house” no matter the square footage size.
- Zoning Bylaw Draft Amendments: Update from the Subcommittee
- Accessory Apartment draft amendment, cont’d.
- Jessica returned with draft #17 and the Board reviewed the draft.
- Mitch made a motion to send Draft #17 to the Board of Selectmen. Joan seconded the motion. All ayes.
- Response from Counsel re Form A, Rivera Quenames Lot:
- Rich read the email from counsel. And, read an email from Sergio Modigliani.
- Mitch stated that counsel may have to look at this again.
- Joan stated she felt Sergio may not be correct and suggested that certain paragraphs from Sergio’s email be sent to counsel to gain their further response.
- Joan particularly noted Sergio’s second and third question and questioned the accuracy of the statements.
- Joan also stated that it would be useful to examine the procedures of Form A applications particularly in light of incremental Form As.
- Rich briefly summarized the situation.
- It was moved to send a letter to the Spangler/Montgomery party that the Board has received advice and that we are unable to take any more action on the Form A.
- Jennifer suggested making a checklist/reminder for Form As.
- Brief discussion occurred and no comments were made.
- The fire chief did not attend the meeting.
- Sept. 8, 2014 draft minutes were reviewed. The minutes from Sept. 8 show that a motion was made to send a letter to the Rivera family. Rich raised a question of whether the Board should send a letter, based on advice from counsel, to the Rivera family. General agreement occurred that there is no need to send a letter at this time. Minutes from the last meeting in August will be reviewed at the October 27, 2014 meeting. The minutes were approved as written.
- Oct. 27, 2014, Nov. 10, 2014, Nov. 24, 2014
Meeting adjourned at 6:25PM. Minutes respectfully submitted by Jennifer L. Christy
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