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APPROVED
Chilmark Planning Board
March 9, 2015
Present: Dan Greenbaum, Joan Malkin, Mitchell Posin, John Flender, Rich Osnoss, Chair,
Not Present: Janet Weidner
Public: Chuck Gilstad, Sourati Engineering, Doug Hoehn, Schofield, Barbini & Hoehn
Staff: Jennifer Christy, Administrative Assistant
Meeting called to order at 4:30 PM
- Form A: Rabinovitz, Map 7, Lot 79:
- The Board reviewed the plan presented by Mr. Gilstad. Mr. Gilstad noted the lot where the well is (Lot A on Plan) is to be sold to the Road Association for Old Farm Road Trust. Lot B & C, he noted, are to be sold to abutters. Paul Pearlson abuts Lot B and the TLB Family LLC abuts Lot C. Mr. Gilstad noted the three unbuildable lots are ‘open space’ and have been ‘open space’, or greenspace, since 1973. Ms. Malkin asked why there has been a designated open space. Mr. Gilstad stated the open space strip was there to meet requirements for Open Space. Ms. Malkin asked again, “Was the strip created because there was a requirement for open space?” Mr. Gilstad stated he did not believe so. Mr. Osnoss suggested the strip was created as a buffer to the road.
- Mr. Posin inquired how much acreage the strip lots are. It was determined their approximate size. Lot A is 19,881 sq. ft., Lot B is 11,879 sq. ft. and Lot C is 5,005 sq. ft.
- Mr. Gilstad stated the purpose of the Form A is to clean up small strips of land that the client owns in the subdivision. Ms. Malkin asked why the entire strip is not being conveyed to the association. Mr. Gilstad stated that is not what is desired by the client.
- Mr. Flender inquired whether the addition of the strip of land to an abutter would give that abutter access to Old Farm Road. Mr. Gilstad stated no and stated the abutter already had access and described a stone wall that separated the land from Old Farm Road.
- An extended discussion occurred regarding whether the Rabinovitz application represented a Form A. Mr. Gilstad stated the application is a Form A because they are creating unbuildable lots. He stated that access is not required for the strips (Lot A, B & C shown on the plan) because they are not buildable.
- The covenants for the Old Farm Road subdivision were closely reviewed. Ms. Malkin asked again why all three small unbuildable lots were not to be conveyed to the association and why the application is a Form A. Mr. Gilstad stated again that the client, Rabinovitz, desires to sell Lot B & C to the abutters. Mr. Posin stated the plan appeared to not add density to the subdivision. Mr. Osnoss stated it seemed there is a commingling of subdivisions.
- Ms. Malkin asked the question, “If someone has a subdivision and they come in to change or modify the subdivision, what is the process?” Mr. Gilstad stated if you are just changing lot lines it is a Form A for the purpose of a lot line change. Ms. Malkin noted that although the addition of Lot B & C to the respective abutters’ lots may not allow more density, it may allow more total living area to be built on abutters’ land. Ms. Malkin asked for clarification on which subdivision the Lots A & B & C are on and stated that the abutters to those strips in the opposite subdivision, across from Old Farm Road, have not been notified(since the plan is a Form A) and would not know that an alteration of the ‘open space’ may occur.
- Ms. Malkin noted, after reading a legal opinion from Attorney Bracken from years ago, that a lot may be unbuildable and still be defined as a lot.
- Mr. Hoehn stated the state Subdivision Control Law defines a lot as buildable.
- Mr. Posin noted the only detriment to the neighbors that he can see is use of Old Farm Road by the lot owners who will acquire Lot B & Lot C. Mr. Gilstad stated the abutters would not be using Old Farm Road as their access. Mr. Flender asked again why the purchasers of Lot B & Lot C would not have access to Old Farm Road. Mr. Gilstad stated the intention is not to provide access to those abutters.
- Ms. Malkin stated her problem is that the Lot A, B & C were originally ‘open space’ and, if sold to the abutters, it may not continue to be open space. Mr. Flender argued that the lots should continue to be ‘open space.’ Mr. Osnoss stated the lots are unbuildable by themselves.
- Mr. Gilstad provided the agreement recorded by Jason Rabinovitz when the original subdivision was recorded.
- Ms. Malkin noted she was taking no action because it is not clear that it is a Form A procedure that should be followed in this case.
- The Board took no action on the Form A application.
- Form A: Harris, Map 14, Lot 1 & Map 20, Lot 106:
- The Board reviewed the plan presented by Mr. Hoehn. There was brief discussion.
- Ms. Malkin made a motion to endorse the plan. Mr. Posin seconded the motion. All ayes.
- Historical Structure Zoning Bylaw Amendment:
- The Board did not discuss this draft amendment.
- Letter from ZBA admin. asst., Chuck Hodgkinson, re Studios:
- Ms. Malkin suggested that a definition of a studio may not need to be defined until it proves to be a problem. She noted that the definition of a studio is not easily arrived at.
- Mr. Osnoss noted that it would good to gather input from Lenny Jason, the Building Inspector.
- The Board members reviewed the questions in the email.
- Biennial Review of Residential Bldg. Size Zoning Bylaw Amendment:
- The Board reviewed new information provided by Dan regarding a draft of the report to the town.
- It was discussed what the results of the report informed the Board about the effect of the Residential Bldg. Size Bylaw.
- Accessory Apartment Bylaw Amendment Forum Flyer:
- The Board reviewed the draft flyer.
- The Board changed the front page sentence to “to provide affordable year-round rental housing.”
- It was suggested to eliminate the Seasonal Caregivers definition bullet point.
- It was suggested to eliminate the caregiver information in the parentheses in each of the previous bullets.
- Minutes from the February 9, 2015 meeting were reviewed. Ms. Malkin moved to approve the minutes with no changes. Mr. Greenbaum seconded the motion. The minutes were approved unanimously as drafted.
Meeting adjourned at 6:55PM. Minutes respectfully submitted by Jennifer L. Christy
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