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Welcome to the Town of Chilmark, MA
Planning Board Minutes 12/14/15
Chilmark Planning Board
December 14, 2015
Present: Chair, Rich Osnoss , Joan Malkin , Janet Weidner, Sam Hart, John Eisner
Not Present: Mitchell Posin
Public: Pam Goff, Ann Wallace, Andy Goldman, David Damroth, Peter Cook, Chris MacLeod, Jessica Roddy, Jim Feiner, Alex Elvin
Staff: Jennifer Christy, Administrative Assistant
Meeting called to order at 4:30 PM
  • CONTINUED PUBLIC HEARING-DRAFT Proposed Historic House Zoning Bylaw amendments:
  • Mr. Osnoss opened the public hearing at 4:33PM.
  • It was noted that one email was received from Sergio Modigliani and the email was reviewed. Ms. Goff noted the questions submitted by Mr. Modigliani were addressed at the subcommittee meeting earlier in the afternoon and further noted that the Q & A handout developed for the public hearing addresses all of the questions.
  • Mr. Osnoss read aloud the email from Mr. Modigliani. The  two questions were answered in the following way:
  • Question 1: “Section 2: With reference to:
  • "... The square footage of an Historic House shall be excluded from the Total Living Area if its inclusion would result in the Total Living Area exceeding the applicable limit...." ;
  • Is this exclusion to be applied in part or in whole? That is, if we have an Historic House of 2000SF and I propose a new dwelling of 2000 SF, but am only permitted 3500 SF under the current Large House By Law, I need to have forgiveness for 500 SF to proceed, which would be taken (excluded) from the Historic House. If, at a later date, I wish to expand either the new building or the existing Historic House further, can I avail myself of the residual 1500 SF in the Historic House not initially used?”
  • This way answered: Yes, you could add more because the Historic House is excluded but it does not need to be done all at once. Ms. Malkin noted it was a useful question, but the Board felt the bylaw explained what is allowed sufficiently.
  • Question 2: Also, is there need to clarify that for a typical 3 acres lot zoned as single family, the creation of a new separate dwelling under this proposed By Law REQUIRES the Historic House to be designated a Guest House, as we cannot allow two single family dwellings on the same lot.
  • Ms. Goff noted the enforcement falls to the zoning enforcement officer. Ms. Malkin noted a special permit would be needed and the applicant would need to go before the ZBA. It would be clear, it was noted, that the Guest House is what was being created.
  • Ms. Weidner presented the Q & A document about the proposed bylaw prepared for the public hearing.
  • Ms. Goff addressed the reasoning for selecting 1865 and prior as the cut-off for a definition of Historic House. It is an effort to preserve the character of the Town as opposed to specific architectural examples.
  • Mr. Damroth presented a question regarding converting a Historic House into a Guest House: If I own a historic house and I want to build a second modest house (all of it under the limit of TLA for the lot), is there a way that a Historic House could be designated a Guest House and its square footage be exempt from the TLA? It was determined that the ZBA would have to make that determination through the special permit process.
  • Ms. Malkin noted a question at the first public hearing which concerned the issue of the impact of this proposed bylaw on Menemsha.
  • It was noted that there are only 5 Historic Houses in Menemsha (as defined in the proposed the bylaw) and, of that, only 2 are on acres of less than 1 acre.
  • Ms. Malkin made a motion to close the public hearing. Ms. Weidner seconded the motion. All ayes.
  • Ms. Malkin made a motion to approve the proposed bylaw amendments and send the approval to the Board of Selectmen in order for the amendments to be included on the April Annual Town Meeting on April 25, 2016. Ms. Weidner seconded the motion. The Board voted unanimously to approve.
  • Ms. Malkin noted that the subcommittee will need to meet in January to review and revise the Q & A on the Historic House proposed bylaw.
  • PUBLIC HEARING-ZBLs DRAFT Proposed Amendments to section 6.9 Homesite Housing:
  • Ms. Malkin requested that Mr. Goldsmith, Town Counsel, attend a meeting in early January to assist the Board in understanding the proposed bylaw.
  • Mr. Goldman requested that the Housing Committee be allowed to meet and review the proposed amendments.
  • Ms. Malkin made a motion to continue the public hearing to Monday, January 11, 2015. The motion was seconded. All ayes.
  • Preliminary discussion-David Damroth Youth Lot division, Map 11, Lot 54:
  • Mr. Damroth presented the idea:
  • Mr. Damroth would like to divide the eastern property into 2 lots and the northwestern portion into 2 lots (one of which would be a Youth Lot.)
  • FY17 Budget Draft:
  • The Board reviewed the budget draft.
  • There were questions about the advertising line and whether the Board pays for advertising for Form C Public Hearings and an explanation of the revenue line.
  • The FY17 was approved to be sent to the BOS. However, questions were asked about the advertising line and the revenue and Ms. Christy agreed to find the answers to these questions are send the answers to the Board members.
  • Sica Covenant document:
  • The Board reviewed the document and confirmed that the covenant items 1-10 are identical to those approved in the definitive subdivision, on July 14, 2015, and made a motion to sign the document. The Board signed the covenant document and attested that they have signed the document freely.
  • Salt Meadows:
  • Road specification review procedure was discussed.
  • If the Board were in need of an outside consultant to review roads after definitive subdivisions, it was asked whether the developer would pay the cost or the Board. It was determined that the Rules and Regulations Governing Subdivision in Chilmark states that the developer would pay the consultant’s cost.
  • It was agreed to speak with Mitchell Posin, Road Agent, at the next meeting regarding the road before taking any action.
  • Joint Meeting of the Planning Board and the Board of Selectmen to appoint a member to fill a vacancy:
  • The Board reviewed letters of interest submitted to the Board of Selectmen.
  • Vineyard Conservation Society (VCS) Plastic Bag Ban proposal:
  • Ms. Malkin (also a member of the Board of the VCS) updated the Board on the process. The VCS has visited the Board of Selectmen and will be submitting language to the Board for inclusion on the warrant for the April 25, 2016 Annual Town meeting.
  • MVC DRI Checklist Review discussion:
  • The MVC DRI Checklist was not reviewed.
  • All Island Planning Board:
  • Ms. Malkin will provide a final draft that includes all comments to date and asked if Ms. Christy would please contact the other Planning Boards with the final draft of the letter, ask if they had reviewed the previously sent draft and be willing to sign.
  • The draft letter was reviewed.
  • All Island Planning Board (AIPB) Affordable Housing Strategy Group (a subcommittee of the AIPB):
  • Mr. Hart updated the Board on the meeting.
  • Minutes:
  • November 23, 2015 minutes were approved as written.
  • Open Topic List:
  • The open topic list was not reviewed.
  • Next Meetings:
  • January 11, 2016 Continued Public hearing, 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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