FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Rodney Bunker, Peter Knight, Chris Murphy and Chuck Hodgkinson. Absent were Barbara Armstrong, Frank LoRusso, Wendy Weldon and Michael Halbreich. Also present: Brian & Kari Cioffi, Bret Stearns, Michael Turnell, Derrill Bazzy, John Abrams (for Grand and Feldman), Michael Van Valkenburgh, Anna Johansen (for Matschullat), Tenny Lantz, Michael Carroll, Chris Alley, Doug Ulwick, Billy & Emily Meegan, Helen & John Anderson, Brian Bishop, Linda Dickson, Carrie Welch, Donald Mitchie, Alice Robinson, JoAnn Murphy, Kathy VanAken, Robert Fokos and Debbie Simon.
Mr. Rossi opened the meeting at 7:00 PM.
MINUTES: The September 13, 2005 minutes were reviewed. Mr. Bunker made a motion to approve the minutes as presented. Mr. Knight seconded and the vote was three in favor with one abstention (Mr. Murphy).
BRIAN & KARI CIOFFI: Mr. Rossi opened the public hearing for the Cioffi Homesite Lot application at 7:10 PM and pointed out the applicants need a unanimous vote of the four ZBA members present for approval. The Cioffi’s said they are comfortable with the current quorum and asked to proceed. Mr. Rossi read the Homesite Lot by-law and requirements for creating a Homesite Lot under Article 6 Section 6.9. He continued by summarizing that all specific requirements have been met except having an approved long-term deed restriction from the Housing Committee. The Housing Committee is planning to review and vote on the deed restriction at their next meeting.
Mr. Murphy made a motion to approve the Homesite Lot as presented with the condition that the required deed rider will be in place and filed with the deed before a building permit is issued and construction begins. Mr. Bunker seconded and the vote to create the Homesite Lot was unanimous in favor.
TAURAS BISKIS: Mr. Rossi opened the continued hearing for Tauras Biskis’ application for a Special Permit to reproduce a historic house with a 28-foot high roof at 7:25 PM. He was informed that Mr. Biskis decided to withdraw his application and build a house with a 24-foot high roof. The hearing was closed.
GRAND: Mr. Rossi opened the public hearing for the Grand’s pool application at 7:40 PM. Mike Turnell summarized the site and landscape plans. Mr. Bazzy explained that the required consent letters from the abutters are in the file—including the Old Farm Road Association. Mr. Rossi summarized his thoughts from the site visit. The board commented that the pool’s proposed location is too far away -- 171 feet from the main house – and therefore presents a potential safety issue because it is not in plain sight or earshot from the house.
Mr. Abrams commented that he agrees with the need for pool safety and that proper supervision will ensure the pool’s safety. The board added that it will be difficult to supervise the pool from the house and may be creating an “attractive nuisance” that is hard to monitor.
Mr. Rossi explained that a unanimous vote is required for approval. After discussion, Mr. Abrams requested the hearing be continued to November 8 @ 7:40 PM to give him time to discuss a new location with his client.
Mr. Bunker made a motion to accept the applicant’s request for a continuance to November 8 @ 7:40 PM. Mr. Knight seconded and the vote to continue the hearing was unanimous in favor.
FELDMAN: Mr. Rossi opened the Feldman public hearing at 8:15 PM. Mike Turnell and Derrill Bazzy summarized the site plan for the proposed pool. Mr. Bunker pointed out that the Fire Chief must approve the standpipe location. After further discussion Mr. Murphy made a motion to approve the plan as presented with the condition that the Fire Chief must approve the standpipe location and the pool must comply with all the other standard pool specifications. Mr. Bunker seconded and the vote to approve was unanimous in favor.
MATSCHULLAT: Mr. Rossi opened the Matschullat public hearing at 8:25 PM. Michael Van Valkenburgh and Anna Johansen summarized the plan to bring the existing pool up to current specifications, change the deck configuration and bring the existing driveway path onto the Matschullat’s property. After discussion Mr. Knight made a motion to approve the plan as presented with the exception noted in the Fire Chief’s letter that indicated a standpipe would not be required to provide access to the pool water. Mr. Murphy seconded and the vote to approve was unanimous in favor.
GIRL SCOUTS OF SOUTHEASTERN MASSACHUSETTS: Tenny Lantz summarized the proposal to alter the pre-existing; non-conforming Camp Wampanoag lodge and gave a history of the Girl Scout activities and development on the property since 1958. Ms. Lantz stressed that she felt the facilities should not be classified as a “private club” and thus, require a non-conforming special use permit. She said the Girl Scouts is a recreational and educational organization that should therefore have a permitted use. She also summarized that the Chilmark Board of Health recommended the kitchen upgrades as part of the new structure’s plan. Architect Doug Ulwick added that his diagram of 24 parking spaces is inaccurate and misrepresents the plan. He said the parking arrangements would be the same
as they are now – cars will be parked in the field. He added that there would be a slab foundation under the lodge and a crawl space under the kitchen with storage in the attic. Alice Robinson added that the island Girl Scout organization wants a larger facility that is safe enough to bring all island Girl Scouts together four times per year.
Emily Meegan explained the access easement agreement made in the 1970’s. Mr. Rossi read a letter from abutter Mr. Gordon of 176 Middle Road for the record and then opened the discussion to the audience.
Matt Poole read a memo from the Board of Health to the ZBA outlining the maximum daily use of 32 persons per day and explained that the Girl Scouts did not want to expand the septic capacity.
Mr. Fokos explained he has no problem living next door to the Girl Scouts. He is concerned about the noise and proposed re-siting the new building to act as a sound barrier between the Girl Scout activities and his lot. JoAnn Murphy added that all Girl Scout leaders have a vote on the property’s use – not just Tenny Lantz. Abutter Billy Meegan asked for an exterior lighting plan and if the new winterized facility will increase its use into more seasons. Mr. Ulwick responded that there is not a specific lighting plan but said it will comply with Chilmark’s lighting by-law. Ms. Tenney could not specify whether or not the use would expand to more seasons.
Emily Meegan read a letter with several suggestions such as a 10:00 PM lights out curfew, provide more assistance with noise control – particularly at night, limit the maximum number of vehicles to eight, have the Girl Scouts help maintain the condition of the driveway easement and assist with snow plowing.
Mr. Rossi explained that an approval would require a unanimous vote. After discussion, Ms. Tenney requested the hearing be continued to November 8 @ 7:55 PM to allow for further investigation on the use classification. Mr. Murphy made a motion to accept the request for a continuance to November 8 @ 7:55 PM. Mr. Knight seconded and the vote to continue was unanimous in favor.
With no further business to discuss Mr. Knight made a motion to adjourn. Mr. Murphy seconded and the ZBA meeting adjourned at 10:00 PM.
Respectfully submitted by Chuck Hodgkinson.
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