FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Chris Murphy, Frank LoRusso, Rodney Bunker, Barbara Armstrong, Wendy Weldon, Tim Carroll and Chuck Hodgkinson. Absent was Michael Halbreich. Also present: Ryan Bushey, John Abrams, Karen Davis and Jake Davis for Davis; John Callagy, Mollie Callagy, Phil Regan, James Moffatt, Whit Manter for Callagy; Richard Johnson, Rob McCarren, Mark Brefka, Rebecca Gilbert, Kent Healy, Ron Rappaport for Lifestyle Development Company and Ian Fein for the Gazette.
Mr. Rossi opened the meeting at 7:00 PM.
MINUTES: The January 10, 2006 minutes were reviewed. A motion to approve the minutes as presented was made, seconded and approved by five in favor with two abstentions (Ms. Weldon and Ms. Armstrong).
TIM CARROLL: Tim Carroll outlined the annual employee performance evaluation plan and how the Board may provide its input. The Board agreed with the need for performance evaluations and willingly looks forward to working with Tim on this.
DAVIS MAP 24 LOTS 196, 198, 200: MR. Rossi opened the public hearing for the Davis Special Permit application at 7:10 PM. Mr. Abrams summarized the site plan dated March 6, 2006 and the changes made as requested in the Site Review Committee report dated 3/8/06. Mr. Abrams continued to outline the future plans to install ground level solar voltaics in the lower section of the property – closer to the pond. He added that the proposed new house is in full conformity with the Town’s zoning by-laws and the letter of consent for the garage setback from the lot lines has been received from the abutting neighbors (Pease). Mr. Rossi read the letter of consent for the garage and Site Review Committee report for the record.
The Board asked if the owners would be willing to accept a condition that the garage will never be used for human habitation and that no structures would be built on the lower section of the property. The garage covenant should be considered because the garage is less than the required setback from the lot line. Owner, Ms. Davis asked if the garage could have one bedroom if there is septic capacity. The Board added that any change in the garage’s use to habitable space should come before the Zoning Board of Appeals because it is a non-conforming structure. There was no further comment from the audience.
Mr. LoRusso made a motion to approve the plans as presented and dated 3/6/06 with two conditions: 1. The garage will be an uninhabitable structure unless it receives separate ZBA approval. 2. Any development of the lower end of the lot that is south of the ten-foot wide strip of property needs prior ZBA approval. The motion was seconded and unanimously approved.
CALLAGY MAP 33 LOT 76.1: Mr. Rossi opened the public hearing for the Callagy Special Permit application at 7:30 PM. Mr. LoRusso recused himself as he is an abutter. Mr. Rossi appointed associate member Ms. Weldon as a voting member for this case.
Mr. Regan summarized the plan and revisions dated 3/14/06 for the new guesthouse and the new main house that are intended to replace the existing structures and a proposed new garage. The Board commented that since the guesthouse and main house are both pre-existing, non-conforming structures, their replacements couldn’t increase the non-conformity. This means the length of the combined new roof ridgelines that are higher than 18 feet above mean natural grade cannot exceed the total length of the existing ridgeline that is over 18 feet high. Any length of the roof ridgeline that exceeds the total length of the existing non-conforming roof ridge must be in conformity or, no higher than 18 feet above mean natural grade. Mr. Rossi proceeded to read the Site Review Committee report dated 2/22/06 declaring
the lot as “open terrain”.
The Board asked if the main house site could be moved further south toward the pond and therefore to a lower part of the natural terrain of the property. They also asked if the proposed 9-pitch roof could be reduced and thus lower the ridge height. Mr. Regan stated the steeper pitch is more consistent with the architecture found throughout town.
Mr. Regan added the proposed 18.8 foot roof ridge height for the new guesthouse could be lowered to below 18 feet and relocated to a place that has less impact on the Roadside District if its floor plan could remain at 990 sq. ft. – which is less than the current 1197 sq. ft. pre-existing, non-conforming guesthouse. The Board responded that the Callagy’s are allowed to have a guesthouse even though they have not owned the property for five years because of the pre-existing guesthouse. If the new guesthouse is in a location that is different than the location of the current guesthouse, then the ZBA must consider the total conformity of the new guesthouse and if possible, see a landscape plan.
Mr. LoRusso commented from the audience as an abutter by stating this seems to be a sprawling plan and if a Special Permit is granted for the new guesthouse he would like to see it in full conformity with the zoning by-laws.
Mr. Rossi read a letter from abutter Wendy Jeffers for the record.
Owner, Mr. Callagy thanked the Board for their patience and willingness to work with them on this project. Mr. Regan asked for a continuance to April 11 at 7:10 PM to provide time for his clients to consider making changes to the plan. A motion to continue the hearing to April 11 @ 7:10 PM was made seconded and unanimously approved.
LIFESTYLE DEVELOPMENT COMPANY MAP 3 LOT 2: Mr. Rossi opened the public hearing at 8:27 PM for a Special permit to change the pre-existing, non-conforming use of the facilities on Map 3 Lot 2 to a new non-conforming use under Article 8 Section 8.1. Mr. McCarren proceeded to summarize the application and proposal to change the property’s use from a public Inn to an Inn for private members only; to expand the use of the existing 50 seat restaurant from serving dinner only to the public to serving breakfast, lunch and dinner as a public or private restaurant; and to have the two-year time period of the Special Permit commence when his client, Lifestyle Development Company, acquires the property sometime in October 2006.
The Board commented that the proposed public restaurant use for three meals per day is an expansion of its use and would trigger a review by the Martha’s Vineyard Commission. Mr. McCarren commented that his client would agree to restrict the entire restaurant operation to Inn guests and their guests only – therefore eliminating any public use or expansion of its public use.
Mr. McCarren continued that his client would like to maintain the current non-conforming capacity of the Inn at 50 overnight guests with no more than the existing 25 guest rooms. He added that they plan to do interior renovations that will not increase the number of guests or rooms.
Mr. Brefka outlined the business plan for the Lifestyle Development Company is to acquire a portfolio of 15 to 20 global properties and form a private club for exclusive use by its members. He added that the corporation is not a time-share but is an equity club where the owners will own the properties debt free. The membership will buy a certain number of weeks of access to the club’s properties without having fractional ownership.
Mr. Johnson of the Sheriff’s Meadow Foundation commented the square footage of the habitable structures is limited under its conservation restriction (CR) and that who and how the property is used is not a part of this CR.
Abutter Rebecca Gilbert asked if the use of the small building next to the stone wall that abuts her property will honor her agreement with the property’s prior owner that it will only be used as an office and not be used as a habitable structure. Mr. Johnson added that a change in use might not be permitted under the CR because it would increase the total amount of habitable square footage on the property.
There was much discussion on the club’s membership size (approximately 400 to 450 global members) and structure along with the maximum on-site capacity and space that is devoted to staff lodging and use. It was mentioned that the current owner has a two-bedroom cottage and three additional rooms for staff. This suggests there is lodging capacity for nine staff.
Mr. Rappaport, town counsel, joined the meeting at 9:15 PM. Mr. Rappaport asked if people have the right to return to the Inn year after year. Mr. Brefka answered that the membership dues allow the members to use any of the club’s facilities for a total of six weeks per year at their discretion. He added that there is no guarantee of usage on a periodic basis.
After further discussion the Board commented that it does not have enough information to determine if the proposed change in use is more objectionable or detrimental to the character of the neighborhood – as outlined in the by-law. Mr. Brefka added that his confidential business plan fits all of the company’s properties not just this one.
The Board said it must determine if this business plan is more detrimental to the character of the neighborhood or if it violates any of the Town’s other zoning by-laws. The nature of the proposed private use must also be clarified as it might relate to parties, weddings, tents, alcohol etc.
Mr. McCarren requested a continuance to April 11@ 7:25 PM so he can prepare a brief that outlines the specifics of the proposed private member use of the facilities and property. Hopefully this will allow the Board to determine the impact of its changed use on the character of the neighborhood. The Board requested this information be made available no later than April 4 to allow time for Town Counsel review.
A motion to continue the hearing to April 11 @ 7:25 PM was made seconded and unanimously approved.
R. SKYDELL VS. TEA LANE NURSERY: The discovery request for the appeal of the ZBA’s decision on this case was discussed. A motion to nominate Mr. Rossi as the Board’s representative to work with Town Counsel and Chuck Hodgkinson on the answers to the discovery request was made seconded and unanimously approved.
M. HALBREICH VACANT SEAT: It was pointed out to the Board that Associate ZBA member Michael Halbreich has not attended a meeting since July 2005. A motion to declare his seat on the board as vacant was made seconded and unanimously approved.
With no further business to discuss the meeting adjourned at 9:55 PM.
Respectfully submitted by Chuck Hodgkinson CAS.
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