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Welcome to the Town of Chilmark, MA
Planning Board Minutes 02/22/16
Chilmark Planning Board
February 22, 2016
Present: Chair, Rich Osnoss, Mitchell Posin, Joan Malkin, Sam Hart
Not Present: Janet Weidner, John Eisner, Chris MacLeod
Public: Peter B. Cook, Doug Sederholm, Adam Turner, Jim Malkin
Staff: Jennifer Christy, Admin. Asst., Tim Carroll, Exec. Sec.
Meeting called to order at 4:30 PM
  • Wiesner Lot Release:
  • Mr. Sederholm reviewed the history of the subdivision and presented the lot release request from Mr. Sederholm’s client, Lisa Wiesner.
  • Mr. Sederholm used the subdivision plans that he provided in an email of February 11, 2016 to explain the transfer of ownership and subdivision of the lots over time, since the 1977 subdivision plan.
  • On December 19, 1977, Jerome B. & Laya W. Wiesner subdivided an 81.5 acre tract of land creating Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10. Lots 9 & 10 (approximately 46 acres together) were restricted for conservation purposes.
  • Lot 4 (3.41. acres) was later owned by Josh Wiesner. Lot 5 (3.53 acres) was later owned by Lisa Wiesner.
  • Lot 1 (1977) was subdivided on December 10, 1992 and Lisa now owns what was originally Lot 1 on the 1977 plan with the exception of Lot 1D. Lot 1D was joined with what was originally Josh Wiesner’s Lot 4 (1977) and sold as one lot (4.5 acres) to the Kauff Family (see the Nov. 10, 1994 plan).
  • Lisa Wiesner has requested a release of Lot 1E so that it may be conveyed to the Kauff family.
  • Lot 1E is restricted by a 1977 covenant stating: “The construction of ways and the installation of services shall be provided to serve any lot as shown on said plan in accordance with the applicable Rules and Regulations of the Board before such lot may be built upon or conveyed, other than by mortgage deed; provided that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell any such lot, subject only to that portion of this Covenant which provides that no lot so sold shall be built upon until such ways and services have been provided to serve such lot;”
  • Mr. Sederholm continued and noted these salient points:
  • Lisa Wiesner is the owner of Lot A on a plan dated November 10, 1994 and labeled case file 293 (Map 31, Lot 12). The Kauff lot is Lot B on the 1994 plan. Mr. Sederholm noted that a portion of lot B (1994) was originally owned by Josh Wiesner and called Lot 4. Lots A & B were 3.53 & 3.41 acres respectively.
  • Lot 1, on a plan dated Dec. 19, 1977 and originally owned by Jerome and Laya Wiesner, the parents, was subdivided into 4 lots on Dec. 10, 1992. 3 of the lots are now owned by Lisa Wiesner and Fred Volkmar with the main lot (Map 31, Lot 9.1) being 3 acres with the house and lots 1C and 1E (Map 31, Lots 9.2 & 9.4) made into smaller, undevelopable lots.  Lot 1D (Map 31, Lot 9.3) was sold to the Kauff Family with Lot 4 (1977). The Dukes County Registry of Deeds case file is 276 for the Dec. 10, 1992 subdivision plan.
  • Lisa Wiesner plans to sell lot 1E (unbuildable lot of 2.68 acres at Map 31, Lot 9.4) to the Kauff family, owner of Lot B (on a plan dated November 10, 1994 and labeled case file 293 at Map 31, Lot 9.3) who would like to eventually build a guest house on the seven plus acre resulting lot (which would be a combination of their lot with 1E.)
  • Mr. Sederholm noted that the area density of the subdivision could be increased by one guest house, if the Kauff family builds a guest house on their lot.
  • Mr. Sederholm noted lots 9 (fields and streams conservation land) & 10 (beach conservation land) cannot be developed (shown on the Sept. 26, 1977 plan).
  • The future buildability of the land is limited at this time, it was noted.
  • Mr. Sederholm further noted his request is to obtain a lot release of 1E so that it may be sold to the Kauffs and to release the lot without the restriction of installing utilities or requiring it to have frontage on a road. He stated the Kauff lot already has frontage and access and utilities.
  • The future buildability of the Kauff lot with the addition of 1E was discussed.
  • Mr. Posin suggested the Board approve the 1E lot release without the original conditions of installing access and utilities, but with the condition that no more building of dwellings are allowed beyond an additional guest house.
  • The Board expressed their interest in approving a lot release with the release of the utility and frontage conditions if the applicants were to agree to not subdivide the resulting larger piece thereby creating the possibility of two buildable lots with main and guest dwellings on each.
  • The Board discussed the condition that there be no further divisions of 1C, 1D and 1E if the lot release of 1E is allowed. It was noted that the 1E lot release would allow the new owner to build a guest house which is not a possibility now.
  • Mr. Sederholm stated he would return to his client, Lisa Wiesner, and inform her of the Planning Board’s support of the 1E lot release if a condition is made for no further subdivision of 1C, 1D & 1E.
  • Master Plan:
  • Mr. Turner appeared before the Board to join the discussion of how the MVC may support the Board in their work to update the Master Plan.
  • Mr. Turner noted there are various purposes that a Master Plan can serve; a Master Plan may serve as a policy document to guide a Town and it can also be a document that provides a description of process and action.
  • Mr. Turner suggested the use of a facilitator and advocated a simple and concise document.
  • Ms. Malkin noted that the facilitator and the Board could help focus the discussion and further noted that surveys have been done town-wide that are still usable.
  • Mr. Turner noted he would be able to take the top issues that may be discussed at a Master Plan discussion and use the resources of the MVC to provide data to support the discussion.
  • Mr. Turner noted his view that the process to establish the goals and objectives of the Town should proceed at a deliberate and considered pace so that the issues have time to form.
  • Ms. Malkin inquired how the Master Plan would realize the actual changes in bylaws that would make sure that the goals are reached. Mr. Turner stated the Master Plan is a policy document and then the Town formulates action to reach the goals identified in the Plan.
  • Mr. Osnoss noted that the Board should read the current Master Plan to make sure the members are familiar with the document.
  • Mr. Posin inquired if the MVC had a person in-house to facilitate the process. Mr. Turner noted he has facilitated the Master Plan process and Bill Veno has facilitated as well.
  • Mr. Turner noted the beginning part of the process is the gathering of information that the Town would need to use during a Master Plan process. The visioning and public hearings would occur after that gathering of information.
  • Mr. Carroll noted that the CPTC has a $450 class that could be presented to provide an education in how to begin and/or update a Master Plan.
  • Mr. Posin suggested that the Board review portions of the Master Plan at each of the meetings.
  • Mr. Turner and Mr. Carroll agreed to find out about the possibility of scheduling a workshop regarding Master Plan work and return with information at the March 14, 2016 meeting.
  • South Road Flooding:
  • Ms. Malkin and Mr. Posin will review the color GIS maps of South Road and refine the location of the flooding.
  • The draft letter was reviewed and Ms. Christy was requested to not send the letter until Ms. Malkin and Mr. Posin refined the location of the flooding.
  • Planning Initiative & Master Plan Letter to BOS:
  • The draft letter was reviewed.
  • Mr. Posin suggested that the letter may be shared with other Boards and committees in Town. The Board decided to send this initial letter to the BOS as written.
  • Historic House ATM handout draft:
  • The handout was not reviewed.
  • Minutes:
  • December 14, 2015 minutes were reviewed and approved as written.
  • February 16, 2016 minutes were reviewed and approved as written.
  • Open Topic List:
  • The open topic list was reviewed
  • Mr. Osnoss suggested for the next meeting to provide each of the members the Road Specifications in the Rules and Regulations Governing Subdivisions in Chilmark.
  • Solar Facilities Regs topic should be a part of the Master Plan discussion. Mr. Posin suggested the Title 5 Septic topic and all energy conservation topics should be a part of the Master Plan discussion.
  • Ms. Christy was requested to resend the draft firefighting facilities and specification of Street #s to the Board members
  • Master Plan:
  • Mr. Cook  noted he had reviewed portions of the Master Plan and suggested the Master Plan should be on the Town’s website
  • Next Meetings:
  • March 14, 2016, 4:30PM
Meeting adjourned at 6:08 PM. Minutes respectfully submitted by Jennifer L. Christy

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