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Welcome to the Town of Chilmark, MA
Planning Board Minutes 08/14/17
Chilmark Planning Board
August 14, 2017
Present: Rich Osnoss, Chairperson, Janet Weidner, Chris MacLeod, John Eisner, Joan Malkin
Not Present: Mitchell Posin, Peter Cook
Public: Tom Carberry. Alan & Suzanne Dworsky, Alan & Susan Parkes, Michael Moskow, Peter Bruce, _____ Miller & Susan Miller
Staff: Jennifer Christy, Admin. Asst.
Meeting called to order at 4:35 PM
  • PUBLIC HEARING: Richard & Ellen Muglia Form C Subdivision, Map 17, Lots 38.1 & 38.2
  • Mr. Osnoss opened the public hearing at 4:35PM. Mr. Osnoss read the advertised notification of the public hearing aloud. Mr. Osnoss continued to read aloud information from the Board of Health report . The Board of Health has postponed discussion of the subdivision to Wednesday, August 16, 2017 and will produce a report after that date. It was noted the Conservation Commission had no comment on this subdivision plan.
  • Mr. Osnoss read into the record the letters submitted to the Board for this public hearing.
  • A letter was read from Susan & Alan Parkes.
  • A letter was read from Alan J. Dworsky.
  • A letter was read from Suzanne Dworsky.
  • A letter was read from Peter Bruce, with an accompanying photo of Wades Field Lane.
  • Mr. Carberry reviewed the plan with the Board. Mr. Carberry noted that the Muglia family will be proposing a 50’ buffer zone on Wades Field Land and he also noted that the Muglia family has not informed him of any further access proposed for Wades Field Lane beyond that needed to access their grassy driveway from South Road. The Board highlighted the fact that there is a no-cut zone, however it recognized that, solely for the purpose of enabling access, cutting would be approved along the existing grass road.
  • Mr. Carberry stated the impetus for this subdivision plan is to create a new building envelope that would allow a building that is not in the flood zone and in other overlay districts.
  • Mr. Carberry stated there is no intention to alter or do away with the grassy driveway area. Mr. Carberry measured the existing grassy path on Lot 2 and it is approximately 12 feet in width.
  • Mr. Carberry distributed the plan which shows the Coastal District, Wetland Setback and Flood Zone area and how it may impact the proposed building area. The plan was used for the Conservation Commission deliberation at their meeting.
  • Mr. Carberry noted the green zone shown is the area that is within a Wetland buffer zone, but is not an actual wetland.
  • Discussion occurred about the impact of construction vehicles during building on Wades Field Lane. Mr. Carberry stated that the impact would only be on the first 85 feet of the Lane and he also stated that the building area would be at a distance from Wades Cove. He described the location of the new proposed building area as one that is designed to minimize the impact on the conservation area and Wades Field Lane.
  • Mr. Carberry summarized the plan is to change the location of a building envelope from the southeast corner of Lot 1 to the northwest corner of Lot 2.
  • Mr. Carberry noted that the idea is to leave Lot 2 as primarily untouched due to the overlay of the conservation zones.
  • Mr. Eisner inquired how Wades Field Lane could be altered by this plan. It was noted by Mr. Carberry that the Muglia family would be willing to restore any damage to Wades Field Lane after the construction project.
  • Mr. Osnoss read aloud the ‘counsel opinion’ that was provided by the Muglia family and Mr. Carberry upon the submission of the plan on July 24, 2017. This ‘counsel opinion’ was made by Fain Hackney of Reynolds, Rappaport, Kaplan and Hackney and is addressed to Mr. Carberry.
  • Mr. Dworsky inquired as to the purpose of the proposed barn. Mr. Carberry characterized the proposed barn as an unheated area that is for storage and for informal warm weather gatherings and is not proposed as a performing space. He further suggested that the barn is really an accessory building and is not to be used for animals, etc.
  • Mr. Dworsky inquired about what is needed for a concrete truck to access Wades Field Lane. He noted that the access needed is 10 foot in width and Wades Field Lane is only 8 foot wide. He further suggested that there may be a possibility of establishing a temporary access for construction vehicles off South Road. Mr. Carberry reiterated that every care would be taken to lessen the impact from construction processes.
  • Mr. Parkes inquired if there is a plan to sell a lot abutting Blue Barque Road in the future. Ms. Parkes noted her apprehension with a possibility of breaking through a stone wall for temporary access of construction vehicles.
  • Mr. Osnoss inquired if there are any more points that must be shared from the people attending. None spoke.
  • Mr. Osnoss stated his intention to continue the hearing to September 11, 2017. Ms. Malkin made a motion to continue the hearing to Monday, September 11, 2017 at 4:30PM. The motion was seconded by Ms. Weidner. All ayes.
  • The discussion occurred as to when the site visit would occur. Ms. Miller noted her concern with the travel of cars on Wades Field Lane. Mr. Osnoss stated the Board members would ascertain the state of the Wades Field Lane at the time of the site visit.
  • Ms. Dworsky inquired about the no cut zone along Blue Barque Road and why it is not indicated on the current plan. Mr. Carberry stated that it could be shown on a future plan.
  • The site visit was scheduled to occur on Thursday, August 31, 2017 at 9AM.
  • Master Plan Update:
  • Ms. Weidner updated the Board on the business of the subcommittee and Mr. Osnoss signed the invoice for the Max King map work.
  • Correspondence:
  • See above correspondence re the Muglia plan.
  • Minutes:
  • The minutes from July 24, 2017 were reviewed and approved with one change.
  • Next Meetings:
  • Monday, August 28, 2017, 4:30PM: Public Hearings for Emin & Cottle
  • Thursday, August 31, 2017, 9AM: Site Visit for the Muglia Plan
  • Monday, September 11, 2017, 4:30PM: Continued Public Hearing, Muglia
  • Documents:
  • Richard & Ellen Muglia Form C Subdivision, Map 17, Lots 38.1 & 38.2 Plan
  • Form C Procedure
Meeting adjourned at 6:05PM. Minutes respectfully submitted by Jennifer L. Christy

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Chilmark Town Offices: Chilmark Town Offices: 401 Middle Road, P.O. Box 119 02535-0119