FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Frank LoRusso, Chris Murphy, Rodney Bunker; Alternates Michael Halbreich, Barbara Armstrong, Wendy Weldon and Chuck Hodgkinson. Also present: Elizabeth Oliver for Edmund Barrett, Kate Warner for Kenney and Mark Hurwitz for Foster.
Mr. Rossi opened the meeting at 7:00 PM with the following agenda:
- Elizabeth Oliver for Edmund Barrett; 1 North Road; Map 1 Lot 001.
- Kate Warner for Kenney; Discussion; 6 Jethro Lane; Map 4 Lot 20.
- Mark Hurwitz for Foster; Discussion; 49 Squibnocket Farm Road; Map 35 Lot 1.28.
- Dworkin Guesthouse deed restriction; 17 Whiting Way; Map 17 Lot 33.
NEW CASES
ELIZABETH OLIVER FOR EDMUND BARRETT: Abutter and voting ZBA member Rodney Bunker was recused and Michael Halbreich was appointed a voting member for this case that was continued from April 12, 2005. Elizabeth Oliver summarized the plans for an attached garage. It was noted that the pre-existing, non-conforming house has less than the required 25 foot set back from the lot line and that the proposed attached garage is the same distance from the lot line as the house. After discussion it was agreed that the addition does not exaggerate the non-conformity and does meet the conditions for a Special Permit under Article 8 Section 8.3 of the Chilmark Zoning By-laws. Mr. Rossi asked if any abutters were present or, if any abutters have filed any objections. There were
none present and no letters were received from any abutters.
Mr. Halbreich made a motion to approve the plans as presented. Mr. Murphy seconded. The vote was unanimous in favor.
OLD CASES
KATE WARNER FOR KENNEY: Kate Warner presented revised plans for the Kenney’s guesthouse that was approved at the March 8, 2005 ZBA hearing. The plans indicated that the Kenney’s would like to move the location of the guesthouse four feet from its original location to avoid cutting down a specific tree.
After discussion the full board agreed that moving the guesthouse four feet as indicated on the plan dated May 10, 2005 does not pose a significant change versus the original location. The Board signed the revised plan dated 5/10/05 for filing purposes with the Registry of Deeds.
MARK HURWITZ FOR FOSTER: Mark Hurwitz reviewed the changes made to the Foster’s plan that was approved for a Special Permit at the ZBA hearing on November 9, 2004. He explained that the changes were requested at his meeting with the Chilmark Conservation Commission – which was subsequent to the November 9th ZBA hearing. Specifically, the Conservation Commission ruled the square footage of the proposed plan must be reduced by 250 sq. ft. and asked for ZBA clarification on the amount of covered porch that may be screened as indicated on the plan dated October 8, 2004.
After discussion the ZBA agreed to amend and clarify the decision of November 9, 2004 as follows: A Special Permit is approved for the revised plan dated 10/8/04 with 250 sq. ft. less decking and, 228 sq. ft. of covered porch screening is permitted as shown on the plan dated 10/8/04.
DWORKIN GUESTHOUSE: The Board reviewed the deed restriction language that is a condition for approval of the guesthouse Special Permit. After discussion the Board did not approve or sign the deed restriction. They asked that the copy in the deed restriction be changed to match the language in the ZBA decision dated February 8, 2005. Specifically, the third point of the deed restriction must state that there will be no further construction in the shore zone instead of the proposed language stating the main dwelling is prohibited from being expanded within the shore zone.
OTHER BUSINESS
The March 8, 2005 ZBA Minutes were reviewed. Mr. Murphy made a motion to approve the minutes as presented. Mr. Bunker seconded. The vote was unanimous in favor.
The April 12, 2005 ZBA Minutes were reviewed. Ms. Weldon made a motion to approve the minutes with minor revisions. Mr. Halbreich seconded. The vote was unanimous to approve the amended minutes.
Mr. Murphy made a motion to adjourn the meeting. Ms. Armstrong seconded. The vote was unanimous and the meeting was adjourned at 8:50 PM.
Respectfully submitted by Chuck Hodgkinson
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