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Welcome to the Town of Chilmark, MA
Planning Board Minutes 01/11/16
Chilmark Planning Board
January 11, 2016
Present: Chair, Rich Osnoss, Mitchell Posin, Joan Malkin, Sam Hart, Chris MacLeod
Not Present: Janet Weidner, John Eisner
Public: Ann Wallace, Peter B. Cook
Staff: Jennifer Christy, Admin. Asst., Tim Carroll, Exec. Sec.
Meeting called to order at 4:30 PM
  • Chairman Rich Osnoss welcomed new member Chris MacLeod.
  • CONTINUED PUBLIC HEARING-DRAFT Proposed Amendments to section 6.9 Homesite Housing:
  • Mr. Osnoss opened the public hearing at 4:38PM.
  • Brief discussion occurred regarding the questions from the Housing Committee.
  • Ms. Malkin asked that Ms. Christy please inquire with Mr. Carroll regarding the timing of the bylaw and whether the proposed bylaw amendment is planned to be on the Spring ATM 2016 warrant.
  • Mr. Osnoss inquired with Housing Committee member Ms. Wallace if the Housing Committee had discussed the proposed amendment. Ms. Wallace stated the Committee has not discussed the amendments.
  • Ms. Malkin inquired with Mr. Carroll about the proposed change in Section 6.9, A. PURPOSE, 1., a. and whether the bylaw should specify “lessee-occupancy” as well as “owner-occupancy”, in the following section b. Mr. Carroll stated the 99-year lease “amounts” to ownership from the legal standpoint.
  • Ms. Malkin proposed to ask town counsel if the phrase “lessee occupancy” could be added to the section.
  • Ms. Malkin noted two areas where the following phrase appears: “…and shall be enforceable by the Town or by the Dukes County Regional Housing Authority if created under St. 2004, c.445.”
  • Ms. Malkin recommended that the phrase be reworded to say: ““…and shall be enforceable by the Town or by the Dukes County Regional Housing Authority if the restrictions are created by the Town under St. 2004, c.445.”
  • Ms. Malkin noted a November 25th email that was sent to Ms. Christy with her notes about the proposed amendments to section 6.9.
  • Mr. Carroll noted the proposed amendments to the bylaw, except the amendments related to Chap. 445, are time-sensitive due to the fact that the Town may be moving ahead soon with more Homesite Housing.
  • Mr. Carroll noted the proposed amendments could be submitted to the Board of Selectmen in late January or early in February. Ms. Malkin suggested the Housing Committee submit written comment to the Board so that they may consider it at the next meeting of the Board.
  • Ms. Wallace agreed to request a meeting of the Housing Committee to discuss the proposed amendments before the next meeting of the Planning Board.
  • Mr. Carroll asked if the Board had any questions regarding the proposed amendment to the bylaw that the Board of Selectmen specifically requested, in sections A., 1., a. and C., 3., b. of Homesite Housing 6.9. The Board stated they had none.
  • Ms. Malkin made a motion to close the public hearing. Mr. Hart seconded the motion. All ayes.
  • The Board took no action on the proposed amendments.
  • Salt Meadows:
  • The Board discussed an email received from Lynn Lilienthal stating that Lot 4 is to be sold to a family member. The Board reviewed the December 14, 2011 approved subdivision plan for Thomas L. Langman et. Al. and the condition noted on the plan, “2. If Lot 4 is transferred outside of the Anne W. Langman family, then the existing access shall be upgraded to current Chilmark Road Standards, which includes a Maintenance Agreement binding each Lot Owner to maintain the access.” Ms. Malkin made a motion to send a letter to Ms. Lilienthal stating that no road approval and Maintenance Agreement is required at this time (until the lot is sold outside of the family), but that the Board encourages Ms. Lilienthal to create a Maintenance Agreement now if the family so chooses. Mr. Hart seconded the motion. All ayes.
  • Roads:
  • Mr. Carroll brought up the topic of the creation of roads in Town without the input of Town Boards. He noted that some Town employees with great knowledge of town roads may be retiring soon and the knowledge will be lost. He further noted roads that have been put in recently that have not required the owners to come to the Town for permission and/or approval. Mr. Carroll noted the importance for the Town of ensuring that the construction of roads are supported by engineering and are installed correctly and within the access rights of the lot owners.
  • Ms. Malkin noted she and Mr. Posin plan to meet to discuss and make recommendations for amendments to the Road Specifications and she suggested looking at the problem of roads, the construction and maintenance of which are not overseen by any Town Board or official.
  • Mr. Carroll suggested a lien on properties to attempt to keep track and ensure compliance with subdivision approvals with conditions.
  • There was brief discussion of the flooding and water pooling problems on South Road, particularly. Scott Family entrance, bottom of Abel’s Hill.
  • Mr. Carroll suggested the Board could write a letter to the BOS copying the State Highway Dept. asking for repair and changes to the State Road to help control run-off and flooding issues. Mr. Posin agreed to specify the areas that are pooling after rains on South Road and Ms. Christy agreed to draft a letter to the BOS copying the State Highway Dept. regarding the road problems.
  • Brief discussion occurred about Site Plan Review committees. Ms. Christy was asked to please provide information about Site Plan Review committees to the meeting on January 25th.
  • All Island Planning Board (AIPB) Affordable Housing Strategy Group (a subcommittee of the AIPB):
  • Mr. Hart asked for feedback regarding the Charter developed by the Affordable Housing Strategy Group.
  • Mr. Hart summarized that the committee has proposed that each town develop a “home production” plan which will then be reviewed by the All Island Planning Board meeting.
  • Discussion occurred about the mechanics of how the work would be accomplished to produce a “home production” plan.
  • Mr. Hart noted a key element of the idea is to obtain the services of a consultant to assist the Towns in the production of a “home production” plan.
  • Mr. Posin suggested the Board consider the ramifications of failing to attain a sufficient level (10%) of affordable housing in Town and take that information into consideration while developing a way to contribute to affordable housing without providing more housing.
  • The Board agreed that the Charter proposed by the AIPB Housing Committee is reasonable.
  • All Island Planning Board:
  • The draft letter was reviewed.
  • Ms. Malkin agreed to review the s.122 letter and to determine, at the AIPB meeting on January 13th, what is to be done next.
  • Minutes:
  • December 14, 2015 minutes were not reviewed.
  • Open Topic List:
  • The open topic list was not reviewed.
  • Next Meetings:
  • January 25, 2016 Subcommittee and Board meetings: 3:30PM, 4:30PM
Meeting adjourned at 7:00 PM. Minutes respectfully submitted by Jennifer L. Christy

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