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Planning Board Minutes 06/22/15
APPROVED
Chilmark Planning Board
June 22, 2015
Present: Dan Greenbaum, Mitchell Posin, Rich Osnoss, Chair, Joan Malkin, Sam Hart, John Eisner
Not Present: Janet Weidner
Public:
Staff: Jennifer Christy, Administrative Assistant
Meeting called to order at 4:30 PM
  • Palmer Homesite Lot:
  • Discussion occurred regarding the requirements in order for an endorsement of a Form A division to create a homesite lot on Onnie Eddy Palmer’s (Annie Eddy Palmer on plans) lot.
  • Files were retrieved of the Eddy lots at Map 25.
  • Approved and endorsed subdivision plans were reviewed to determine whether the road in from the state highway to the lot owned by Annie Eddy Palmer was determined adequate to allow subdivision at any time.
  • It was determined that Welles Eddy gained endorsement of a Form A division in 1975, creating a 25.18 +/- acre lot (later owned by William Eddy). The endorsement of this Form A was facilitated due to adequate access and frontage on a “way in existence prior to adoption of the subdivision control law.”
  • In 1986, Welles Eddy, Jr. gained approval of a subdivision showing the lots currently owned by Onnie Eddy Palmer and other family members. The plan states “prior to conveyance of any lot outside the “Eddy” family, the road system shall be brought up to Planning Board specifications.” Minutes from a meeting in 1986 state that a covenant will be required so that if any portion is conveyed out of family, the entire road system must be brought up to specifications.”
  • It was further determined that William Eddy gained approval of a 7 lot subdivision of the 25.18 +/- acre lot, in 1992 (later amended in 1995), through a Form C subdivision plan. The Planning Board at the time stated that the road must be brought up to Town specifications when a lot is sold outside the family (in a letter dated July 22, 1994 to Carolyn Eddy.) This condition is also listed in a covenant signed and dated on June 19, 1992.
  • Biennial Review of Residential Bldg. Size Bylaw Report:
  • Biennial Review Final Draft Report was reviewed.
  • Ms. Malkin & Mr. Greenbaum stated they were satisfied with the report.
  • Discussion occurred about the bylaw criteria the ZBA has applied during a hearing for an applicant. It was noted the ZBA had expressed particular concern with the broad energy efficiency criteria. Ms. Malkin stated the Planning Board tried not to be prescriptive and had attempted to create criteria that were standards against which the ZBA could develop a scheme to evaluate the varied projects that come before them for special permits.
  • Mr. Osnoss suggested the Board inquire, at some point, with the Building Inspector about his view on the inclusion of ‘stretch code’ into the Residential Bldg. Size bylaw.
  • Palmer Homesite Lot, Cont’d.:
  • More discussion occurred regarding the access and frontage at a possible homesite lot on Onnie Eddy Palmer’s lot.
  • Chair & Annual Appointments:
  • Housing Committee appointments:
  • Ms. Malkin made a motion to recommend reappointment of Jim Feiner and Michele Leonardi, subject to their approval of this action and to recommend reappointment of Jessica Roddy who expressed interest in reappointment. Mr. Greenbaum seconded the motion. All ayes.
  • Chairperson appointment:
  • Mr. Greenbaum made a motion to reappoint Rich Osnoss as chairperson of the Board. Ms. Malkin seconded the motion. All ayes.
  • Squibnocket Pond District Advisory Committee (SPDAC):
  • Discussion occurred regarding the appointment procedure of the SPDAC.
  • Ms. Malkin presented a draft recommendation of how yearly appointments are made for the SPDAC and discussion occurred about what entity each voting member represents.
  • It was discussed that there are currently 8 members and that an even number is not an effective number for a committee or Board.
  • Ms. Malkin recommended the committee be comprised, as it is now, of 8 members with the understanding that when the current Garden Club member resigns the committee reverts to a 7 or 9 member organization. And, she recommended each entity reappoint their own member annually.
  • Ms. Malkin stated she would draft a recommendation for how annual appointments are completed for SPDAC.
  • Site Review Committee appointments:
  • Ms. Malkin made a motion to reappoint Ms. Weidner to the Site Review Committee. The motion was seconded. All ayes.
  • Squibnocket Pond District Advisory Committee appointment:
  • Mr. Greenbaum made a motion to appoint Ms. Malkin as the Planning Board representative to SPDAC. The motion was seconded and Ms. Malkin was voted to be the representative.
  • Community Preservation Committee appointment:
  • A motion was made to appoint John Eisner to be the Planning Board’s representative on the CPC. The motion was seconded and the Board voted to appoint John.
  • Land Bank Advisory Committee appointment:
  • A motion was made to reappoint John Flender to be the Planning Board’s representative to the Committee. The motion was seconded and the Board voted to appoint John Flender.
  • Open Topic List:
  • Ms. Christy agreed to revise the Form C procedure and supply to the Board prior to the next meeting.
  • Ms. Christy agreed to provide the Road specifications for each of the towns within the subdivision control laws. Ms. Christy also agreed to request comment from Reid Silva, Rich Olsen regarding the road specifications.
  • The ancient & special ways in Chilmark were discussed and it was agreed to postpone discussion of the ways and any action on them until it is identified in the Master Plan where they are. Ms. Malkin noted none could be found in the Master Plan.
  • Beach lots were discussed. It was agreed to remove the item from the Open Topic List.
  • The next item, Residential Bylaw Review, was discussed and agreed progress was being made.
  • Ms. Malkin requested Ms. Christy to re-design the Open Topic List to provide more of a running status report without specific dates.
  • The topic of Affordable Housing was discussed. The next meeting of the All Island Planning Board will focus on the topic and the meeting is to held in Chilmark on September 23, 2015, 6PM. Ms. Malkin requested Ms. Christy find what the homework was for the Board prior to the September meeting.
  • The Board requested Ms. Christy remove the No Cut Zones: Definitions from the Open Topic List.
  • Visitability Standards: Ms. Malkin requested Ms. Christy resend the portions of Mr. Temple’s presentation last year regarding visitability and aging in place to the members for review.
  • Ms. Christy was asked to find out whether the driveway condition for the Mayhew/South Road Realty Trust would show up during a sale of the land. Mr. Eisner requested to see the letter to Mr. Meinelt that was sent in the spring regarding the elimination of the road. The drafting and sending of a second letter of non-compliance was discussed. Ms. Malkin suggested the letter read generally, “you are not in compliance with the condition since the road is still open to State Road. If any improvements are done then we will be required to take enforcement action.” Mr. Eisner stated the letter should state this is the second letter of noncompliance. Ms. Christy agreed to draft a second letter and send to the members for review.
  • Minutes:
  • May 11, 2015 & June 8, 2015 minutes were reviewed. Mr. Greenbaum made a motion to approve the minutes for May 11, 2015. Mr. Eisner seconded the motion and the Board voted to approve the minutes. Mr. Greenbaum moved to approve the June 8 minutes with changes. Mr. Hart seconded the motion and the Board voted to approve the minutes with changes.
  • Next Meetings:
  • July 13, 2015 (Public Hearing, cont’d.)
  • July 27, 2015
  • August 10, 2015
  • August 24, 2015
  • All Island Planning Board Meeting: Sept. 23, 2015
Meeting adjourned at 6:40 PM. Minutes respectfully submitted by Jennifer L. Christy