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APPROVED
Chilmark Planning Board
December 8, 2014
Present: Dan Greenbaum, Joan Malkin, Mitchell Posin, Rich Osnoss, Chair
Not Present: Andrew Fischer, John Flender, Janet Weidner
Public: Lenny Jason, Jr., Bldg. Inspector, Jessica Roddy, Ann Wallace, Jim Malkin, David Vigneault, Ed Grazda, Alex Elvin, Peter Temple, Zee Gamson, Edie Prescott, Doug Hoehn,
Staff: Jennifer Christy, Administrative Assistant
Meeting called to order at 4:30 PM.
- Accessory Apartment Bylaw Amendment Public Hearing: Mr. Osnoss called the Public Hearing called to order at 4:30PM
- Mr. Osnoss read the advertisement for the Accessory Apartment Zoning Draft Bylaw Amendment public hearing as it appeared in the newspaper on Nov. 20th & 26th, 2014.
- Ms. Roddy introduced the PowerPoint presentation to the audience and walked the audience through a description of the draft zoning bylaw amendment.
- Ms. Malkin inquired whether the draft bylaw amendment is similar to West Tisbury’s accessory apartment zoning bylaw. Ms. Roddy confirmed that West Tisbury’s bylaw is very similar. She noted that the Town of Aquinnah is investigating a establishing an accessory apartment bylaw and may prefer to use Chilmark’s draft bylaw as opposed to West Tisbury’s bylaw.
- Mr. Vigneault noted there are 45 specially permitted Accessory Apartments in West Tisbury. He noted it took the town 12 years to reach this point and he briefly described the annual reporting process. He stated a little less than half of the apartments are affordably rented year-round while the balance are in “family-use.”
- Ms. Roddy noted that West Tisbury has had very few instances, over 12 years, of improperly used accessory apartments. Mr. Vigneault noted that there have been instances where concerns were raised and, at that time, the town inquires as to the use. He noted that an affidavit is sent with the annual census in West Tisbury that the owners of an accessory apartment signs to confirm their knowledge of the terms of owning and using an accessory apartment. Ms. Malkin inquired whether the annual affidavit would go out, from the DCRHA, to owners who use their apartments as caregiver apartments. Ms. Roddy stated no. Mr. Vigneault stated that option would be up to the town. Ms. Malkin stated that it may be a good idea to have a type of “annual certification” by the DCRHA that would, upon completion, be reported to the
town. Mr. Vigneault stated this could be something the DCRHA would be able to do if the town so desired.
- Mr. Temple asked what would happen if the owner lives in the accessory apartment and wants to rent the main residence. Ms. Roddy stated the owner could move into the accessory apartment and could rent the main house as an affordable rental. Mr. Temple further pointed out that there are older people who may want to live in the accessory apartment so that they may rent the main residence as an affordable rental receiving more income due to the increased size of the main residence.
- Ms. Malkin inquired whether it would be possible under the proposed bylaw to live in the accessory apartment and have the main house occupied by the caregiver or family member or rented as an affordable unit. Ms. Roddy agreed that the bylaw does not currently provide for it but if the town wanted it would be best to specifically provide for that scenario.
- Mr. Vigneault pointed out another scenario that arose in West Tisbury. He described the result of a person inheriting a lot that had an accessory apartment on the lot and the heir was not in residence. It was determined that one of the structures may be rented affordably.
- It was discussed what would happen when circumstances change and the owner(s) no longer lives on the premises. Mr. Malkin inquired whether abutters could affect the building of an accessory apartment on an abutting lot. Mr. Jason stated abutters do have the right to give input on a special permit.
- It was asked whether the accessory apartment restriction applies to a new owner. Ms. Roddy confirmed that an accessory apartment would have the same restrictions for a new owner.
- Mr. Vigneault noted that the accessory apartments in West Tisbury are widely dispersed and that many of them are not new buildings but converted spaces in existing structures or converted existing separate structures.
- Mr. Jason inquired whether the accessory apartment would always have to be rented. Ms. Malkin that the apartment could be used by a family member or a caregiver and those people would not need to pay rent if the owner did not desire it. Ms. Malkin clarified that there are only three options for the owner of an accessory apartment: affordably-rented apartment through DCRHA, apartment for a caregiver or an apartment for a family member.
- Mr. Temple stated, from the perspective of the Healthy Aging Initiative, he is a supporter of the draft zoning bylaw amendment and commended the Board for their action on the amendment.
- Brief discussion followed and Ms. Malkin made a motion to continue the public hearing to the next Planning Board meeting on December 22, 2014. The motion was seconded by Mitchell Posin. All four members voted aye to continue the public hearing.
- Healthy Aging Initiative: Discussion
- Ms. Malkin suggested that the Housing Committee should review the chart beginning on page 8 of the Affordable & Community Zoning Housing Analysis on Martha’s Vineyard document (MV Commission, 9/30/2014) and the document as a whole, prioritize the items and report back to the Planning Board regarding how they would like to collaborate with the Planning Board to address the issues.
- Mr. Temple noted that other towns may establish a task force with members from the Planning Board and the Housing Committee. He further stated that Housing Committee members do not deal with zoning and may not be able, on their own, to effectively identify priorities from a zoning perspective. The Planning Board members may not be as knowledgeable about what townspeople may desire in terms of affordable housing.
- Ms. Wallace agreed that a task force would be beneficial to the town in this respect.
- Ms. Malkin suggested that the Housing Committee review the chart and see, apart from zoning issues and legal questions, which items are reasonable to pursue from their perspective and then return to the Planning Board. The two Housing Committee
- Mr. Temple clarified the subject of visitability. He agreed to send the visitability standards to Jennifer Christy. Mr. Temple noted that Lenny Jason should be involved in the review of visitability standards. Mr. Jason briefly noted a concern with meshing the establishment of visitability standards with the building code.
- Preliminary Discussion: Form A Harris, D. Hoehn
- Mr. Hoehn presented the plan for a preliminary discussion regarding a possible Form A.
- The Harris family would like to reconfigure the lot lines of lots at Map 14, Lot 1 and Map 20, Lot 106, but make no new lots. Both lots are to be sold. The family would like to reconfigure the lot lines to make them more “regular” in shape and make the frontage follow the road.
- Mr. Hoehn stated, if the Board sees no issues with the proposed plan, he would return to the Board with a Form A.
- Robert Elliston: Map 14, Lot 29-1 Ashkenazi/ JMV Realty Trust
- The Ellistons were not in attendance.
- Ms. Christy reported that she received word from Michael Goldsmith, via telephone, that a covenant on a subdivision may be amended if the subdivision process is followed again. Ms. Christy relayed that counsel stated, in the same telephone call, that a covenant is a set of conditions and conditions may be amended if the proper process is followed.
- Minutes from the Nov. 10, 2014 and November 24, 2014 meetings were not reviewed.
- December 22, 2014: Continued Public Hearing
Meeting adjourned at 6:00PM. Minutes respectfully submitted by Jennifer L. Christy
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