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APPROVED
Chilmark Planning Board
Nov. 26, 2018
Present: Rich Osnoss, Peter Cook, Mitchell Posin, Catherine Thompson, John Eisner, Janet Weidner
Not Present: Chris MacLeod
Public & Board/Comm. Members: Clark Goff, Joan Malkin, Rob Hannemann, Frank LoRusso, Alison Burger, Wendy Weldon, Ted Rosbeck
Staff: Jennifer Christy, Admin. Asst., Lenny Jason
Meeting was called to order at 4:30 PM
- Zoning Bylaw Discussion, Continued:
- Green Communities: As-Of-Right Zoning Bylaw draft proposal:
- The Board reviewed the As-Of-Right zoning bylaw amendment and Mr. Osnoss inquired with Mr. Hannemann whether he had information regarding the missing elements of the draft proposed bylaw amendment.
- Mr. Hannemann stated he was aware of the fact that the Board of Selectmen had identified the eight acre parcel behind the former landfill (Map 13, Lot 35) as the site for the As-Of-Right solar array location. (later corrected to Map 13, Lot 28)
- Mr. Hannemann also stated that the setbacks were to be left to the Planning Board to determine.
- Ms. Malkin noted that the Board could identify alternative sites as well.
- Brief discussion occurred regarding how to determine the proper and correct setback distances for the As-Of-Right location.
- Brief discussion occurred regarding the costs and benefits of becoming a Green Community. It was noted that the Town may expect to be eligible for approximately $140,000 in Town grants if the Town becomes a Green Community.
- Mr. Cook noted that the Planning Board is currently gathering information on the issue of clay rights in the area of the 8 acre parcel behind the former landfill.
- Mr. Eisner suggested that the Board set the setbacks at the As-Of-Right parcel to a minimum of 50 feet depending on the site. There was discussion regarding whether this would be possible or not. Mr. Cook noted that it is possible for the Board to identify setbacks that are smaller on the border with the former landfill as opposed to the other borders.
- Mr. Hannemann explained that the State is not ultimately interested in whether the Town ends up placing a solar array on this spot and stated that the Town could identify larger setbacks to protect the area and if a developer were to place a solar array on the parcel and wanted setback relief they could make this application to the ZBA. Ms. Malkin stated her view that the Board should not be concerned with the developer and should set setbacks that protect the Town as much as possible.
- Mr. Osnoss suggested that the Board recommend 100 foot setbacks.
- Mr. Hannemann stated that the developer would need to work within those parameters and as long as there was an acre and a half of open land for an array then that would satisfy the Town’s responsibility to the Green Community designation requirements. He noted that the developer would need to figure out how to also get three phase power to the site and other things as well.
- Mr. Posin looked at the map and the dimensions of the 8 acre parcel and made calculations about what size parcel would be left available if the Board identified 100 foot setbacks. After discussion, the Board suggested a 50 foot setback.
- More discussion occurred about where a solar array may be located on the parcel in the future and what type of land abuts the 8 acre parcel.
- Mr. Hannemann spoke to the issue of noise issues and noted the section 15.5, E. 3.
- Mr. Cook moved to accept the draft presented by Joan Malkin at the meeting today to send to the Board of Selectmen and for distribution at the public hearing on December 10, 2018. The motion was seconded and all ayes.
- Ms. Malkin stated she would send Ms. Christy a clean draft of the proposed As-Of-Right zoning bylaw in advance of the public hearing scheduled for December 10, 2018.
- Swimming Pool and/or Tennis Court 4,2A, 3. Zoning Bylaw draft amendment proposal
- Mr. Osnoss opened the discussion about the proposed swimming pool bylaw.
- The ZBA members detailed the various changes to their draft proposed zoning bylaw based on the comments of Mr. Rosbeck.
- Discussion occurred about the alterations suggested by both Mr. Rosbeck and the ZBA.
- 2 year wait period will stay the same in the ZBL:
- Discussion occurred about the basis of the 2 year wait period. It was noted that, at the time of the bylaw amendment, it was included in order to possibly encourage a better sense of the property and the land by the owners/applicant before building a pool.
- Mr. Rosbeck noted that the delay of 2 years before a pool may be built creates a longer period of time during which the noise and disturbance of the site occurs.
- 50 foot setback for the equipment, fencing:
- It was noted that there may be circumstances where it may be beneficial to have the fencing not within the setback, but that the ZBA felt that it would be better to have the fencing within the setback and an applicant could apply for a waiver if the lay of the land or other factors of the site warranted a waiver.
- The ZBA felt that the preface to the section is important to keep. Discussion occurred about terms in the section, such as ‘child-proof’. Mr. Rosbeck noted this term is defined in the pool code, but that using terms such as this in the ZBLs is confusing. He suggested to not list specifics like this since the code already deals with specifics. More discussion occurred regarding how much detail should be included in the Chilmark ZBL when the swimming pool code has the necessary details.
- Extensive discussion occurred regarding section 2. under Access & Enclosure and whether there is more security when a wall of a structure is used as a barrier than when it is not allowed.
- Brief discussion occurred about vegetative screening, 3.
- Brief discussion occurred about 4. under e.) Access & Enclosure.
- Discussion occurred about f. Line of Sight Observation and its usefulness. It was noted that a closed-circuit camera to comply with this section would not now be acceptable if the proposed bylaw amendments pass.
- The Board made a motion to forward the swimming pool amendments as proposed to the Board of Selectmen for their December 4, 2018 meeting and to schedule a public hearing for December 17, 2018 at 4:30PM.
- Site Visit: Landfill/Transfer Station Lot:
- A site visit was scheduled for December 4, 2018 at 3PM..
- There was no correspondence to review.
- Topics not reasonably anticipated by the Chairperson at the time of posting:
- Update from Subcommittee on the Menemsha Master Plan Work:
- Peaked Hill Pastures Proposals Committee Report:
- The minutes of November 13, 2018 were not reviewed.
- December 10, 2018, 4:30PM
- Drafts of As-Of-Right Zoning Bylaw
- Drafts of proposed amendments to the swimming ppool section of the Xhilmark ZBLs
Meeting adjourned at 6:55PM. Minutes respectfully submitted by Jennifer L. Christy
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