 |
APPROVED
Chilmark Planning Board
March 14, 2016
Present: Janet Weidner, John Eisner, Chris MacLeod, Joan Malkin, Sam Hart
Not Present: Chair, Rich Osnoss, Mitchell Posin
Public: Peter B. Cook, Doug Sederholm, Reid Silva
Staff: Jennifer Christy, Admin. Asst.
Meeting called to order at 4:30 PM
- Mr. Sederholm reviewed the existing ownership and history of the lots all originally owned by Jerome and Laya Wiesner. He summarized the objectives of his clients, Lisa Wiesner and Fred Volkmar, to sell lot 1E (Map 31, Lot 9.4) to the Kauff family (owners of Map 31, Lot 9.3 called Lot B) without the conditions of installation of utilities and access.
- In exchange for the release of the conditions on lot 1E, Mr. Sederholm stated his clients will agree to condition the lot release of 1E to not allow any further structures to be built on lot 1C (2.15 acres at Map 31, Lot 9.2) and to not allow lot 1C to be combined with any other lot to create a buildable lot. He further stated that these conditions would limit the number of structures built by the Kauff family to one, once they own lot 1E, due to a previous covenant stating only one structure may be placed on Lot 1C, 1D and 1E. 1D is now part of the Kauffs currently owned lot (also called Lot B on a plan dated November 10, 1994).
- Ms. Malkin inquired whether the Kauff family would be able to build a primary dwelling since the resulting lot (combining their Lot B with lot 1E) would be 7.2 acres. Mr. Sederholm stated that the Kauff family would have to return to the Town to obtain a building permit. Mr. Sederholm noted a covenant that states there shall be no further subdivision of the premises (lot 1B) which would create additional buildable lots (covenant dated December 3, 1991, case file 265). He further noted that lot 1B was subdivided into lots 1C, 1D and 1E. There are no structures on any of these three lots at this time.
- Ms. Malkin stated the Board’s position that, if the conditions of the lot release of lot 1E are to restrict the buildability of lot 1C, “it remains that this lot is not subject to further subdivision.”
- Mr. Sederholm restated that there is a covenant on 1B (later 1C, 1D and 1E) that stated there shall be only one structure built on the area of land comprising 1C, 1D and 1E. This covenant applied to 1A, 1B, 9A and 9B (shown on a plan dated October 28, 1991). (Note: the covenant that Mr. Sederholm referred to appears to be the 1991 covenant, 3rd paragraph.)
- Ms. Weidner inquired how many buildable lots were in existence at the time of the December 3, 1991 covenant. The “premises”, as noted in the covenant, applied to 1A, 1B, 9A & 9B. Ms. Weidner asked for confirmation that no more buildable lots are being created. Mr. Sederholm stated his interpretation is no, there will be no more buildable lots created by this lot release.
- Mr. Sederholm further stated that, as long as there is a condition to not build any further structures on 1C, this lot release will not create any further buildable lots.
- Ms. Weidner suggested whether this lot release/covenant release process should be considered within a Form C application. This was discussed but no action was taken regarding a Form C application.
- Mr. Cook noted the original request from Mr. Sederholm was to either release the lot without the covenants or waive the requirements. Mr. Sederholm stated his clients would like a lot release due to the fact that the buyer requires a release.
- Ms. Weidner made a motion to release Lot 1E without the condition to require utilities & access way as noted in the covenant, dated December 19, 1977, and conditioned by the agreement from the Wiesner/Volkmar family to not allow any structure to be built on 1C and to not have 1C combined with any other lot to make a new buildable lot.
- The motion was seconded and the Board voted to allow the conditioned lot release.
- It was agreed that Ms. Christy would draft the lot release and send the draft to the Board and Mr. Sederholm to review.
- The Board will review and sign the Lot Release at the March 28, 2016 meeting.
- VLSE, Reid Silva, Harris property, Map 9, Lots 2.7 & 2.8:
- Mr. Silva presented the Great Rock Bight Limited Partnership Form A.
- The Form A is a lot line change between Map 9, lots 2.7 & 2.8, shown on a plan dated March 14, 2016.
- Mr. Hart moved to endorse the plan as submitted. Ms. Malkin seconded. The vote was all ayes. The Board signed the vellum and the accompanying plans.
- Ms. Malkin and Mr. Posin will review the color GIS maps of South Road and refine the location of the flooding after the next rain.
- Historic House ATM handout draft:
- The handout was reviewed. Mr. Hart made a motion to approve the handout for distribution at Annual Town Meeting. The motion was seconded and approved unanimously.
- VLSE, Reid Silva, Brickyard Fields, LLC, Map 9, Lots 2.10 & 2.3:
- Mr. Silva presented the Brickyard Fields LLC Form A.
- The Form A is a lot line change to add a .5 acre piece to the pre-existing abutting 6 acre lot.
- Ms. Weidner made a motion to endorse the Form A as submitted. Mr. Hart seconded the motion. All ayes to endorse the Form A.
- Lilienthal Road, Salt Meadow:
- Ms. Christy distributed the document provided by attorney George Brush showing that the new owner of the lot has agreed to a road agreement thereby satisfying a condition of the subdivision.
- Letter to the Board of Selectmen re Town-Wide Planning:
- Ms. Malkin summarized the current status of planning, particularly concerning Menemsha and summarized the discussion the subcommittee had with Mr. Carroll.
- Ms. Weidner stated her interest in developing action plans and/or checklists for areas of Town that the Board identifies as in need of planning.
- Ms. Malkin noted that there is a lack of zoning in Menemsha and expressed interest in exploring the issue of how zoning may be applied to that area of Town.
- Mr. Eisner noted that Menemsha needs to add zoning that would increase resilience in a changing environment.
- Ms. Malkin asked for feedback from the Board regarding whether the subcommittee should take on the development of planning initiatives. Mr. Eisner stated he would support the subcommittee’s work in town-wide planning. Others also agreed to support the initiative.
- Ms. Weidner stated the subcommittee would like more members.
- February 22, 2016 minutes were reviewed and not approved. Ms. Christy was asked to review the recording of the February 22, 2016 and return with draft minutes on March 28, 2016.
- The open topic list was reviewed.
- Ms. Christy was asked to amend the South Road (Meinelt) issue to say that the Board will wait until construction is done at the site before contacting the Meinelts again.
- AIPB Housing Subcommittee:
- Mr. Hart updated the Board on the work on the subcommittee and he will submit a letter to the Board to be appointed by the Board to the AIPB Housing Subcommittee.
- March 28, 2016, 4:30PM
- April 11, 2016, 4:30PM
- April 25, 2016 ANNUAL TOWN MEETING, 7:30PM
Meeting adjourned at 6:17 PM. Minutes respectfully submitted by Jennifer L. Christy
| |
