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APPROVED
Chilmark Planning Board
May 11, 2015
Present: Dan Greenbaum, Mitchell Posin, Rich Osnoss, Chair, Janet Weidner, Joan Malkin, Sam Hart, John Eisner
Not Present:
Public: Reid Silva, VLSE, Robert & Elise Elliston
Staff: Jennifer Christy, Administrative Assistant
Meeting called to order at 4:44 PM
- Form C: Sica, Map 14, Lot 29.1 & 29.2, Continued Public Hearing:
- Mr. Osnoss, opened the continued public hearing at 4:44PM.
- Mr. Silva introduced the subdivision plan and explained the history of the development of the lots. Mr. Elliston added to the history noting the original subdivision in the 1960s and the subsequent subdivision of the 10 acre lot into two 5 acre lots.
- Discussion occurred regarding the covenants that were placed on the subdivision plan in 1992. The applicants have requested no covenants be placed on the new subdivision plan, but were open to discussion about which covenants would be important to the Board. Mr. Posin stated he had trouble with number 4 of the list of covenants being eliminated.
- Ms. Weidner and Ms. Malkin called attention to the letter sent from the Trustees of Reservations in 1991 and stated the letter should be reviewed closely to try to understand what the sentiment was at the time of the 1992 subdivision approval (Ashkenazi, JMV Realty Trust.)
- Mr. Elliston detailed the type of vegetation and habitat that is evident in the no-cut zone and stated that the health of flora and fauna, identified by the Trustees as important in their 1991 letter, may be benefited by cutting, pruning and clearing.
- Mr. Posin stated there may be a benefit to neighbors if the covenants are eliminated on these lots at Map 14, Lot 29.1 & 29.2. He stated this may be a reason the neighbors have not responded to the notification they were issued.
- Mr. Silva stated the applicants are not proposing covenants for this new subdivision plan, but stated if the Planning Board saw benefits to keeping covenants the applicant would consider that. Mr. Posin stated if #4 of the covenants was eliminated he would vote to approve the new subdivision.
- Mr. Osnoss suggested a site visit.
- Ms. Malkin asked if the applicants would be amenable to keeping all covenants except #7 & #8. Mr. Elliston requested the Board consider eliminating all but #4. Mr. Eisner stated he would not consider eliminating all but #4 unless the Board completed a site visit.
- Ms. Weidner stated it is difficult to consider any new covenant proposal without a new set of conditions to consider.
- Ms. Malkin inquired why there is an issue with the 100’ no cut zone on the westerly edge. The Elliston’s stated it may be due to view-shed issues. Mr. Elliston stated the contour of the land and the siting of the house may be an issue with the desire to eliminate the westerly no-cut zone.
- Mr. Osnoss asked the Board members who would like to perform a site visit. Mr. Eisner felt a site visit is needed. Board members agreed to meet for a site visit. Mr. Elliston stated that a path is cut around the perimeter so a full site visit will be possible.
- Mr. Posin asked if plans are required to show contour and topography. Ms. Christy agreed to confirm contours and topography are required on subdivision plans in the Chilmark Rules & Regulations Governing Subdivisions.
- Ms. Malkin made a motion to continue the public hearing to Monday, June 8, 2015 at 4:30PM. The Board will meet at Town Hall and continue to a site visit on the Sica/Austin subdivision. Ms. Weidner seconded the motion. All ayes. Ms. Weidner asked Ms. Christy to find the minutes from the original subdivision hearing and provide to the Board members. Ms. Malkin noted for the record that what the Board should request, in the covenants, as a revision to #4, is “Each lot is limited to only one building for human habitation (for a total of two buildings on the combined acreage.)” Ms. Malkin also noted the counsel for Sica will need to produce new covenants.
- Mr. Posin asked if the history of development of the area to the south of Map 14, Lot 29.1 & 29.2 may be illuminated. Mr. Posin is interested in the history of possible covenants on the lots owned by Hubschman (formerly Griswold), the lot owned by Talia Herman, and other abutting lots. Ms. Christy was asked to find out the covenants for the surrounding lots by the next meeting.
- The Lorna T. Flanders Revocable Trust, Martha & Steven B. Flanders
- Mr. Posin, Board Road Agent, reported on the condition of the road at Map 13, Lot 27. Mr. Posin reported that the road has been created up through the Lot 2.
- Discussion occurred regarding the release of Lot 2 due to the fact that the road has been completed through Lot 2.
- Ms. Malkin made a motion to release Lot 2 and to release the monies held in escrow to build the road and install utilities. Mr. Posin seconded the motion. All ayes.
- MVC DRI Policy Draft on the Built Environment:
- Brief discussion occurred and Ms. Malkin requested the Board contact her if they have questions, concerns, comments.
- Brief discussion occurred regarding the newly voted zoning bylaw amendment for Accessory Apartments.
- Ms. Weidner stated she and Ms. Malkin would decide on a date for the next subcommittee meeting and post with Ms. Christy.
- ZBA Joint Meeting in May:
- Ms. Malkin and Ms. Weidner suggested a meeting of the subcommittee to discuss issues for discussion with the ZBA.
- All Island Planning Board meeting:
- Board members asked Ms. Christy to confirm the date of the next All Island Planning Board meeting.
- Discussion occurred about a topic that has been discussed at All Island Planning Board meetings: size of Guest Houses. Discussion occurred regarding the restrictions on the construction of guest houses.
- Ms. Malkin asked Ms. Christy to put the discussion of guest houses and the accompanying restrictions on the Open Topic List.
- Mr. Posin asked if Ms. Christy could find out from the Building Inspector how many home business special permits are currently issued.
- Ms. Christy was asked to contact counsel to confirm the proper procedure to amend the Rules & Regulations Governing Subdivision in Chilmark.
- Celebration for John Flender:
- Mr. Osnoss agreed to plan the gathering by the next meeting.
- The minutes of April 13, 2015 were reviewed and approved as amended.
- All Island Planning Board Meeting: May 20, 2015
- June 8, 2015 (Continued Public Hearing and site visit.)
Meeting adjourned at 6:20 PM. Minutes respectfully submitted by Jennifer L. Christy
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