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APPROVED
Chilmark Planning Board
August 8, 2016
Present: Rich Osnoss, Chairperson, Janet Weidner, John Eisner, Joan Malkin, Peter Cook
Not Present: Mitchell Posin, Chris MacLeod
Public: Warren Doty, Genc Brinja, Tim Carroll, Marshall Carroll, III, Betty Martin, Mr. & Mrs. Handlin
Staff: Jennifer Christy, Admin. Asst.
Meeting called to order at 4:35 PM
- Form A Discussion, Carroll, Map 12, Lot 16:
- Mr. Tim Carroll presented the plans to the Board prior to the formal submission of the Form A.
- Mr. Osnoss stated that an easement would need to be provided to Lot 1 in order to preserve the access to Lot 1.
- The Board decided to ask Mitchell Posin, the road agent, to view the road before the next meeting on the 22nd and Mr. Tim Carroll stated he would submit the Form A with plans promptly. The Board stated the Form A would be placed on the agenda for the August 22nd meeting.
- Discussion, Betty Martin, Map 7, Lot 82:
- Ms. Martin gave a general overview of the plans for Map 7, Lot 82.
- After a review of the available documents, the Board advised Ms. Martin to compile a clear historical data file of the lot and any subdivisions, covenants, agreements, and/or restrictions that may apply. Ms. Malkin stated that a referral would most likely be made to the MVC due to the fact that the lot appears to be more than 10 acres, once a subdivision application is made to the Board.
- George Rivera Form A date issue:
- Mr. Handlin noted that the Rivera Form A has been the source of consternation for him as a neighbor. He stated the property is in a restricted conservation area and is large enough to have been referred to the MV Commission.
- Mr. Osnoss made remarks concerning the history of the Rivera Form A.
- Mr. Cook suggested that the Board wait to date the mylar plan until the Board has obtained an opinion from town counsel regarding what actions are available to the Board if no date is placed on the mylar. Mr. Eisner stated his agreement and suggested the subcommittee take this issue under advisement. Ms. Weidner stated her agreement that the subcommittee should wait until more information is obtained.
- A motion was made by Ms. Malkin to authorize Ms. Christy to contact town counsel and ask for guidance on the ramifications of not dating a mylar without disclosing the parties involved. Ms. Weidner seconded the motion. Ms. Malkin amended the motion to inform town counsel that an abutter is represented by the Reynolds, Rappaport, Kaplan and Hackney firm. Ms. Weidner seconded the amended motion. After further discussion, Ms. Malkin withdrew her amended motion. Mr. Cook moved to ask town counsel two questions:
- What are the ramifications if the Planning Board refrains from dating a signed, but undated, mylar Form A plan, originally presented and endorsed by the Board in 2013 (other copies of the Plan are dated and a certificate of endorsement for the Plan is dated)?
- What are the ramifications if the Planning Board does not date an endorsed and signed Form A Plan within six months of the endorsement and would this affect the legitimacy of the Plan?
- The motion was seconded. All ayes.
- The Board decided to review the letter from Ms. Larsen at the next meeting on August 22nd.
- The minutes July 25, 2016 were not reviewed.
- Next Meetings:
- Rivera, Map 17, Lot 21.1 Mylar Plan
- Correspondence from: Marie Larsen.
- DEP Waterways Application: Scheuer Family
Meeting adjourned at 6:03 PM. Minutes respectfully submitted by Jennifer L. Christy
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