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APPROVED
Chilmark Planning Board
November 28, 2016
Present: Janet Weidner, John Eisner, Joan Malkin, Mitchell Posin, Peter Cook, Rich Osnoss, Chairperson
Not Present: Chris MacLeod
Public: Wendy Weldon, Scott McDowell, James Langloig, David Damroth, Eric Stange
Staff: Jennifer Christy, Admin. Asst.
Meeting called to order at 3:05 PM
- Extension Agreement: Wendy Weldon, Form A, Map 35, Lot 2:
- Discussion occurred regarding whether any discussion should occur re the Form A at this time, prior to an agreement among the lot owners/abutters in the area, or whether the Board should just receive the new extension agreement from Ms. Weldon.
- Mr. Damroth noted that the Board had entertained the various proposals presented by Ms. Weldon and inquired whether this approach would extend to the other abutting lot owners.
- Brief discussion occurred regarding the discussion at the June 13, 2016 meeting of the Planning Board. It was noted that the Board had asked Ms. Weldon to return to the Board when she had a plan that accompanied agreement from abutters.
- Ms. Malkin stated she would not be able to discuss this plan and the various points that were made on June 13, 2016 without a chance to refresh her memory of the complex issues that were discussed earlier.
- Mr. Posin suggested that the abutting lot owners who are a part to the covenant return in six months to the Board with a proposal.
- It was moved to accept the extension agreement from Wendy Weldon to extend the period of action to May 28, 2017. The motion was seconded and approved unanimously.
- Ms. Weldon, Mr. Silva and Mr. Osnoss signed the new extension agreement.
- McDowell Preliminary Discussion of the addition of a ½ acre parcel from an abutting lot to his lot:
- Mr. McDowell presented the proposal of acquiring a ½ acre parcel from an abutter to add to his abutting parcel. He would like to determine whether a Form A, presented by the abutter to divide his parcel together with a Form A to change his lot line, would be endorsed.
- The Board discussed whether the two lots would have the required resulting frontage and access after the division and annexation of the parcel. Mr. McDowell stated there would be frontage.
- The Board informed Mr. McDowell that the abutter should return with a Form A plan.
- Youth Lot fee waiver discussion:
- It was determined that the Rules & Regulations Governing Subdivision in Chilmark already allow for a waiver of the per lot fee for Youth Lots.
- Ms. Christy stated she would communicate with Mr. Damroth’s engineer, Doug Hoehn, to inform him of the filing fee based on the plan that he is submitting for Mr. Damroth.
- Discussion of the November 17, 2016 Site Visit to Quenames Road:
- Board members who were present at the site visit described the various features of the road.
- Ms. Malkin noted some features of clearing and suggested that the Board consider:
- Does the Board want a building envelope depicted on the plan?
- Does the Board want no-cut zones and to limit curb cuts?
- Discussion of MVC Referral of Rivera:
- The purpose of the Land Use Planning Committee (LUPC) meeting tonight at the MV Commission was discussed and it is to prepare the applicant for the public hearing that will be held at a later date.
- Continued Discussion of the November 17, 2016Site Visit to Quenames Road:
- The Board discussed questions that arose from the site visit:
- Does the Board want more than the standard set back.
- Would the Board want to limit lawn area to limit fertilizer use?
- Does the Board want to limit guest houses of additional structures.
- Is the road adequate for fire trucks?
- How visible are neighboring houses? And, how many other open fields are there like Mr. Rivera has created?
- Is Magee’s path adequate for access? Is it a “trail” and therefore what is seen from the “trail”?
- Mr. Osnoss stated that affordable housing should be considered for this Form A as well.
- Brief discussion occurred regarding the viability of an affordable housing opportunity for this plan. It was noted by Mr. Posin that a youth lot has been provided by a subdivider at an alternate site in Town in the past. The possibility of the subdivider being required to provide affordable housing on a relatively small lot was also discussed.
- Underground utilities were suggested as a benefit to the area as well.
- It was suggested that these issues be shared at the public hearing at the MV Commission when comment is opened to the members of the Board or Committee that has referred the plan.
- It was noted that alteration has occurred to the habitat and that is the reason for requesting set-backs, no-cut zones and defined building envelopes. Ms. Weidner stated a high priority for the Board would be to limit building of accessory structures and living area such as guest houses. Ms. Weidner stated that traffic of people appears to be the largest concern of abutters.
- Ms. Malkin grouped the issues into two areas:
- Restricting the density and traffic of people
- Restricting the impact on the environment/habitat (possibly primarily to employ the formula the MVC applies to calculate the impact per acre of development.)
- Mr. Posin stated that the point should be that this plan was a Form A that the Board was not happy with because it was the third application.
- Ms. Malkin stated she would draft a memo addressed to the MV Commission regarding what the Board thinks are the prime outcomes of the MV Commission hearing process in their review of the Rivera Form A.
- Mr. Posin suggested that the Board’s assumption that communication had been made by Mr. Rivera to his abutters concerning the improvement of Quenames Road and the assumption that approval had been gained by MR. Rivera is a key part of the historical basis of the referral. Further discussion occurred about what easements and access Mr. Rivera has on Quenames Road and the counsel gathered in August 24, 2016 concerning the rights of easement holders and those with frontage on roads was revisited.
- Discussion of possible regulation of cannabis sales in Chilmark:
- Very brief discussion occurred about the new law.
- FORM A, Hammett Hill Trust #2, Map 26, Lot 31.2 & 31.3 (November 22, 2016, 5PM is the expiration of 21 days):
- Ms. Christy distributed the Certificate of Endorsement for the Hammett Hill Trust #2 Form A Plan.
- The Board members present signed the endorsement certificate.
- Menemsha Master Plan Review & Update:
- Ms. Weidner gave a short description of the meeting today with the Menemsha residents and the Coast Guard chief officer.
- Ms. Weidner also noted that the subcommittee has submitted a letter to the BOS to provide an update at their meeting on the 15th.
- Town Paths Committee update:
- Mr. Posin and Ms. Christy briefly updated the Board on the next steps of the Town Paths committee.
- MVC LUPC Hearing for the George & Robin S. Rivera Form A Plan (possibly the 15th of December).
- Monday, December 5, 2016, 7:30PM: Special Town Meeting
- Wednesday, December 7, 2016, 6PM: All Island Planning Board meeting, Tisbury
- Monday, December 12, 2016, 3PM & 4:30PM: Planning Board meetings
- The minutes for the Sept. 26, 2016 meeting were reviewed. The minutes were approved with changes.
- The minutes for Oct. 24, 2016 were reviewed. The minutes were approved with changes.
- The m,inutes of November 14, 2016 were reviewed and approved as written.
- Documents:
Form A Endorsement Certificate
Hammett Hill Trust #2 Plan, Map26, Lot 31.2 & 31.3
MVC Referral Packet for Form A RIVERA, submitted to the MVC via certified mail on Oct. 28, 2016
Letter emailed from Mr. David Handlin (abutter to Rivera) re Quenames Road
Legal Advisory email re the regulation of sale of cannibis
Plans from Scott McDowell showing a preliminary proposal for division and annexation of a ½ acre parcel
Email of request from the Housing Committee for food costs at the HPP meetings
Meeting adjourned at 5:58 PM. Minutes respectfully submitted by Jennifer L. Christy
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