FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Wendy Weldon, Michael Halbreich, Rodney Bunker and Chuck Hodgkinson. Absent: Frank LoRusso, Chris Murphy and Barbara Armstrong. Also present: Jeannie Fischer, Chris Alley, Carly Look and abutter Barbara Thorpe (Grossman).
Mr. Rossi opened the meeting at 7:00 PM with the following agenda:
- Carly Look for Grossman – 36 Hammett Lane; Map 8 Lot 40
- Chris Alley and Jeannie Fisher for Rappaport – 68 Hammett Rd.; Map 9 Lot 4
- Chris Alley for Dworkin – 17 Whiting Way; Map 17 Lot 33
- Oberfest – Valley Lane; Map 3 Lot 47
NEW CASES
CARLY LOOK FOR JAY GROSSMAN: Carly Look reviewed a revised set of plans for the Grossman’s pool. She said they would contact the Fire Chief to identify the best location for the standpipe. A new location for the equipment shed was proposed as an attempt to increase the screening of the pool from the abutting neighbors Barbara and James Thorpe. It was agreed this new location for the equipment shed and the addition of a pergola might be a better solution.
Ms. Look was informed that the new shed will be less than 50 feet from the lot line and will require an additional special permit under Article 6 Section 6.6.
Consequently, Peter Knight made a motion to continue the hearing for the swimming pool special permit under Article 4 Section 4.2A3 to February 8, 2005 while the applicant files a separate special permit request for the new shed location, which will also be heard on February 8th. This will allow the Board to act on the entire project at one time.
Wendy Weldon seconded. The vote to continue the hearing was unanimous.
CONTINUED CASES
CHRIS ALLEY (ENGINEER) AND ANN FISHER (ARCHITECT) FOR ALAN RAPPAPORT: This hearing was continued from December 14, 2004. Bill Rossi pointed out that due to this evening’s Board attendance, the applicant will need a unanimous vote for approval from Bill Rossi, Peter Knight, Michael Halbreich and Wendy Weldon. Mr. Alley agreed.
As follow up to the last hearing, Mr. Alley and Ms. Fisher presented the specific approved location for the standpipe; a specific fence plan; and indicated the Board of Health has approved the ½ bath in the pool house. Chris Alley added that he met with the Board of Health a week earlier and the current six bedroom septic system has plenty of capacity for the ½ bath in the pool house. Mr. Rossi said a letter confirming the Board of Health’s approval must be obtained as a condition of approval.
Wendy Weldon asked how high the screening would be that is located in front of the screened porch viewing area. Ms. Fisher said two feet high. Ms. Weldon continued and asked if the double driveway gate will be double latched with a stop in the center. Ms. Fisher said there are several different methods available for a self locking system and the specific one has not yet been chosen.
Mr. Rossi asked for confirmation that there will be no overhead lighting and that the pool equipment will be placed in the pool house. Ms. Fisher gave her affirmation.
Michael Halbreich made a motion to approve the plans as presented with two conditions: 1. A letter of approval is obtained from the Board of Health. 2. The applicant provides the details of the self-locking mechanism for the double gate for Board approval.
Wendy Weldon seconded. The vote was unanimous for this conditional approval.
CHRIS ALLEY FOR DWORKIN: This hearing was continued from December 14, 2004. Mr. Alley opened by formally requesting the hearing be continued to February 8, 2005. He explained the reason for this request is because he would like more time to obtain the answers to three questions relating to expanding a pre-existing, non-conforming structure in a shore zone. The three questions are: 1. Is an addition to a house in the shore zone a permitted use or a specially permitted use? 2. If only part of an existing structure is within the 100-foot shore zone, is the entire structure considered to be in the shore zone? This relates to the maximum shore zone addition amount of 250 square feet. 3. Is the section of the pre existing structure that is not in the shore zone
considered to be “non-conforming” even if this section that is outside the shore zone conforms with all zoning by-laws?
After light discussion of the questions Michael Halbreich made a motion to continue the hearing. Wendy Weldon seconded. The vote was unanimous in favor to continue the hearing to February 8, 2005.
OBERFEST: The Board was informed that Mr. Oberfest formally requested his hearing be continued to February 8, 2005 via telephone. Peter Knight made a motion to continue the hearing. Wendy Weldon seconded. The vote to continue the hearing to February 8, 2005 was unanimous.
OTHER BUSINESS
The minutes of the December 14, 2004 ZBA hearing were reviewed. Peter Knight made a motion to approve the minutes as presented. Wendy Weldon seconded. The vote to approve the minutes was unanimous.
The 2004 ZBA Annual Report was reviewed. Rodney Bunker made a motion to approve the report. Peter Knight seconded. The vote was unanimous in favor.
A schedule of ZBA Special Permit application fees for the other island towns was reviewed. After discussion, Peter Knight made a motion to increase Chilmark’s Special Permit fee from $150.00 to $175.00 starting with applications for the March 8, 2005 public hearing. Rodney Bunker seconded. The vote was unanimous in favor. The fee increase will be advertised on Friday, January 14, 2005 and voted on by the Board of Selectmen at their meeting on February 2, 2005.
Mr. Bunker made a motion to adjourn the meeting at 9:15 PM. Peter Knight seconded. Mr. Rossi adjourned the meeting at 9:15 PM.
Respectfully submitted, Chuck Hodgkinson, Administrative Assisitant.
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