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APPROVED
Chilmark Planning Board
August 22, 2016
Present: Rich Osnoss, Chairperson, Janet Weidner, John Eisner, Joan Malkin, Mitchell Posin, Chris MacLeod
Not Present: Peter Cook
Public: Marshall Carroll, III, Mr. & Mrs. Handlin, Sam Hart, Mr. Clancy, Elise Elliston
Staff: Jennifer Christy, Admin. Asst.
Meeting called to order at 4:30 PM
- Public Hearing: Rules & Regulations:
- Mr. Osnoss opened the public hearing at 4:30PM
- Mr. Osnoss read allowed the proposed amendments to the Rules & Regulations Governing Subdivisions in Chilmark.
- Small amendments were proposed to improve readability and clarity.
- The amendments were voted and approved.
- Ms. Weidner made a motion to close the hearing. The motion was seconded. All ayes.
- Mr. Osnoss closed the hearing.
- Ms. Weidner made a motion to approve the proposed amendments to the Rules & Regulations Governing Subdivision in Chilmark. Mr. Eisner seconded the motion. All ayes.
- Clancy Guest House/Conservation Restriction Discussion:
- Brief discussion occurred and it was explained that a permitted guest house may not be larger than 800 square feet even if it is on a three acre lot and it has been owned for 5 years.
- The Form A plan was reviewed. Mr. Posin and Mr. Osnoss reported on the adequacy of the road and determined that the Bartlett Woods road is adequate. A motion was made to endorse the plan. The motion was seconded and the plan was voted to endorse.
- George Rivera Form A date issue:
- The Board reviewed the counsel’s opinion in response to the two questions asked on August 11, 2016:
- 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?
- Discussion occurred about the Quenames road usage by Rivera and abutters.
- The Board agreed to ask the following question of counsel: It appears the Form A was originally endorsed on the assumption, perhaps the representation, that the road improvement was done with the approval of the abutters who co-own the road. It is now clear that the abutters who co-owned the road never approved the improvements to the road. Is there any way at this late date to rectify the situation somehow?
- The Board decided to review the letter from Ms. Larsen at the next meeting on Sept. 12.
- The minutes July 25, 2016 were not reviewed.
- Next Meetings:
- Carroll Form A and Application
- Clancy, Map 13, Lot 21 documents
- 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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