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APPROVED
Chilmark Planning Board
July 13, 2015
Present: Dan Greenbaum, Mitchell Posin, Rich Osnoss, Chair, Joan Malkin, Sam Hart, John Eisner, Janet Weidner
Not Present:
Public: Reid Silva, VLSE, Elise and Robert Elliston, Jeffrey Bernard, Ray Kellman, Walter Epstein, Susanna Caldwell Linfield
Staff: Jennifer Christy, Administrative Assistant
Meeting called to order at 4:32 PM
- Sica Form C Subdivision, Continued Public Hearing:
- Rich Osnoss, Chair, opened the public hearing at 4:33PM and proceeded to read a letter from The Trustees of Reservations (TTOR), received on July 9, 2015, into the record.
- Next, Mr. Osnoss read a letter from Mr. Elliston, submitted to the Board at the meeting, into the record.
- Susanna Caldwell Linfield stated her position in support of the removal of items #3, #7 and #8 of the current covenant. Ms. Linfield noted current ideas regarding preservation of the habitat and the discrepancy between conditions that are placed on the neighboring properties with the conditions placed on the Sica property as two reasons for her support.
- Elise Elliston noted the Trustees of Reservations has no legal access on Gosnold’s Way. She further stated TTOR are not as connected to the land abutting the Sica lots as may be assumed.
- Ray Kellman took issue with the restriction on a property owner regarding cutting of vegetation on their land.
- Reid Silva reiterated his view that the covenants on this particular lot are particularly severe in comparison to the restrictions on neighboring lots and in view of the covenants planning boards normally have placed on lots. Mr. Silva also noted that the severe conditions do not seem to protect the public or serve to further the mission of the Planning Board.
- Mr. Osnoss noted the reluctance of the Board to change the covenants set by a prior Board.
- Ms. Linfield noted the development changes that have occurred in the neighborhood over the years and stated the need to take this development into mind when considering the changes to the Sica covenants.
- Ms. Elliston noted the TTOR allowed the clearing of vegetation on the Hubschman property when that sale was progressing as well as cleared vegetation on their own land during that time.
- Ms. Elliston also noted that the TTOR allowed an agreement to use the road (Gosnold’s Way) to expire on December 31, 2014.
- Mr. Epstein, who described himself as a resident of Menemsha Hills and a friend of the Harris Family, who previously owned the land now owned by the TTOR, spoke to an apparent disconnect between how the Harris family imagined the preservation of the land and how the TTOR have preserved the land. Mr. Epstein also noted the inconsistent communication of the TTOR and a lack of reliability on their part as neighbors.
- Mr. Silva again noted his view that the current covenants are unreasonable. He noted the Hubschman property is highly developed directly next door and he reiterated his question of what element of the area is being protected by these conditions. Mr. Silva asked what the Board felt was appropriate to protect.
- Ms. Malkin stated her intention of finding a compromise that would satisfy some of the concerns of both sides, noted the probable spot of development and suggested that Sica may accept a condition of 50 ft. setback for the building envelope. Ms. Elliston stated the no cut zone would have to be reduced to less than 50 ft. if the building envelope is up to 50 ft.
- Mr. Eisner inquired what intentions the owner, Mr. Sica, has for development. Ms. Malkin reminded the Board about Mr. Sica’s offer to restrict his land to not install irrigation (heard in the letter submitted by Robert Elliston at the beginning of the meeting), which would essentially eliminate a full lawn. Ms. Linfield suggested that conditions may require that the owner only plant non-invasive plants.
- Mr. Elliston noted the original idea was to eliminate all the covenants and noted that Mr. Sica is now amenable to the elimination of #3, #7 and #8 of the current covenants.
- Mr. Eisner stated his reluctance to accept different or zero covenants due to the fact that the conditions currently in place are on record and the plan is not a new plan.
- Ms. Elliston noted again that the Hubschman lot, when prepared for sale, was cleared and the building is done right up to the 50 ft. setback.
- Mr. Greenbaum inquired again why the conditions in the current covenant were ok to be applied 25 years ago but are described as not necessary now. Ms. Linfield stated there were three very vocal lot owners in the past: Whit Griswold (owner of the lot now owned by the Hubschman family), Flora Epstein and the TTOR who all desired strict conditions for lots 29.1 & 29.2 at the time.
- Mr. Silva again noted his view that the extent which comment from an abutter may direct the establishment of conditions of a neighboring lot should be limited by the determination of how the conditions appear to serve the public or further the mission and purpose of the Board.
- Ms. Weidner suggested the Board return to Ms. Malkin’s suggestion of seeking a compromise of some sort that could appease the TTOR while suiting the needs of Mr. Sica.
- Ms. Malkin inquired why the owner, Mr. Sica, is interested in this change of the covenants now. She noted her uncertainty at eliminating covenants and reiterated a need for Mr. Sica to hear the uncertainty of the Board and to suggest any compromise.
- Mr. Osnoss stated his willingness to accept the plan as it has been presented with the addition of the condition of no irrigation installed.
- Mr. Posin summarized the situation: there are current covenants placed on the Sica land and there has been one objection from the abutter, TTOR. Mr. Posin further noted his understanding that the TTOR is not a friend to farmers, in his view. Mr. Posin related a story of a day he was taken offshore on a boat by Whit Griswold and Whit offered to take Mitch to see his and Clarissa’s land on the south shore. Mr. Posin related his feelings of satisfaction and awe at the beauty of the land, cleared and cultivated for a working farm. He said the vista brought him to tears when he thought of how he has spent his life maintaining this farm for the next generation. Mr. Posin stated his feelings have changed regarding the covenants. Mr. Posin stated all the abutters, save TTOR, do not care about restrictions and do not wish
for the covenants to be extended. Mr. Posin stated his support for the elimination of some of the conditions in the current covenant.
- Mr. Osnoss noted his appreciation for Mr. Posin’s view, especially in light of the fact that Mr. Posin was a member of the Planning Board during the time of the original decision to require the current covenant.
- Mr. Eisner confirmed with Mr. Posin that he is willing to change the conditions within the covenant but the restriction against a guest house would remain. Mr. Posin stated he would not support an allowance for a guest house.
- Mr. Epstein characterized the TTOR as a very unhelpful organization in his view.
- Mr. Greenbaum and Mr. Eisner suggested whether there is a need to explore further the concerns of the TTOR.
- Ms. Weidner stated her view that all of the abutters must be heard and if there is a way to mitigate the impacts to those abutters it should be explored.
- Ms. Malkin stated her view that she is reluctant to eliminate covenant item #8 entirely. She proposed reducing the 100 ft. no-cut zone to 25ft.
- Mr. Silva reiterated his view that nothing is protected by keeping the items #3, #7 & #8 of the current covenants and he does not see the need to maintain a condition of a no-cut zone on the Sica land especially if there is no development on the land of the abutter that would benefit from protection.
- Mr. Greenbaum inquired whether the lot owner would accept a reduced no-cut zone. Mr. Elliston noted that a 50 ft. no cut zone would take up the entire setback area.
- Mr. Epstein noted that an underlying rationale should be arrived at to base a reduced no-cut zone upon.
- Ms. Malkin stated that she would appreciate hearing from the other Board members on where they stand at the moment.
- Mr. Osnoss stated his support of the current plan with the irrigation condition or the current plan with the irrigation condition and with a reduced 25 ft. no-cut condition #8. Mr. Posin and Mr. Hart agreed with Mr. Osnoss. Ms. Malkin stated her support for the reduction of the no-cut zone to a “managed” 25 ft. no-cut zone. Ms. Weidner and Mr. Greenbaum stated their support of Ms. Malkin’s suggestion. Mr. Eisner agreed to the 25 ft. managed no-cut zone. Mr. Hart agreed that Ms. Malkin’s suggestion was reasonable.
- Mr. Elliston stated the reduced, “managed” 25 no-cut zone would be acceptable to the applicant.
- Ms. Malkin stated the Board suggests only the elimination from the current covenant of conditions #3, #7 and the changing of condition #8 to a managed 25 ft. no-cut zone as described by Ms. Malkin in the meeting: trees with trunks over 10 inches in diameter are to be maintained and the area may be mowed periodically to maintain a managed understory of native vegetation. Ms. Malkin also noted the approval would be conditioned on the addition of the condition to allow no installation of lawn irrigation systems on the land.
- Ms. Malkin made a motion to close the public hearing. The motion was seconded. The Board voted to close the hearing.
- Ms. Malkin made a motion to approve the definitive subdivision with the elimination of conditions #3, #7 and changing condition #8 to a 25 ft. managed no-cut zone as described and with the addition of a condition to allow no use of lawn irrigation systems on the land. The motion was seconded and the Board voted unanimously to approve the subdivision plan with the stated conditions.
- Biennial Review of Residential Bldg. Size Bylaw Report:
- Ms. Weidner updated the Board on the subcommittee’s presentation to the ZBA on May 28th, 2015 and the progress so far. The Biennial Review Final Draft Report was reviewed.
- The Board discussed when the next meeting of the ZBA will occur and how to be prepared for a discussion on the amendments to the swimming pool bylaw in Article 4.
- Mr. Eisner inquired whether the Board would like to pursue a meeting with the Board of Health regarding how Title 5 Septic requirements may be changed or how alternative systems may be implemented.
- Mr. Osnoss requested Ms. Christy inquire when the Board of Health may be available to meet with the Board regarding the above topic.
- Mr. Posin noted his desired changes to the road specifications. Ms. Malkin stated she would meet Mr. Posin separately and draft the needed changes to have the road specifications conform with the current requirements of the Board and the Road Agent.
- The Board reviewed the draft letter to Mr. Meinelt of the Mayhew/ South Road Realty Trust. Changes were made and Ms. Christy will make the change to the letter and send to Mr. Meinelt.
- June 22, 2015 minutes were reviewed. Mr. Posin made a motion to approve the minutes with changes. Mr. Hart seconded the motion and the Board voted to approve the minutes with changes.
- 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
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