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, and Chuck Hodgkinson. Also present: James Moffatt (for Callagy), Rachel Rohr for the MV Gazette, Reid Silva, Patrick Lindsey, Chris Alley, Debbie Hancock, Glenn Provost, Richard Johnson, Rob McCarren, Mark Brefka, Julian Hutton, R. Gilbert and Randy Ben David (for Lifestyle Development Co.). Also present were abutters John Armstrong, James D. Morgan and Roberta Morgan (for Nixon), Edward Sussman and Mr. Glimcher (for Lindaur/Finbury) and Susan Parker (for Young).
Mr. Rossi opened the meeting at 7:00 PM.
MINUTES: The April 11, 2006 minutes were reviewed. A motion to approve the minutes as presented was made, seconded and approved with six in favor and one abstention (Mr. LoRusso).
JAMES MOFFATT FOR CALLAGY DISCUSSION: Mr. Moffatt presented a recommended landscape plan as a follow up to the conditional approval granted for this Special Permit on April 11. After much discussion Mr. Rossi recommended making a site visit with this plan because the sketch does not seem to satisfy the Board’s screening concerns for the main house as seen from Squibnocket Road. A motion to let the Chairman represent the Board on the site visit and provide the eventual landscape plan approval was made, seconded and approved with six in favor and one abstention (Mr. LoRusso).
REID SILVA FOR ROBERT NIXON: Mr. Rossi opened the public hearing at 7:17 PM. Associate Board Member Ms. Armstrong recused herself as an abutter. Mr. Reid summarized the earlier site visit, site plan and location for the proposed built-in swimming pool, equipment shed and fence. He understood the current proposed location is unacceptable for safety reasons and asked the Board to discuss possible alternative sites. He added the owner might agree to put the pool in front of the house that overlooks the harbor. Mr. LoRusso asked to see the contours of the proposed new location. Mr. Silva added this new location would require a relocation of the septic system. He also said the owner is willing to reduce the size of the pool to 40 ft. by 15 ft and reminded the Board that there
are already three structures on the 1.9-acre parcel. The setback requirements for pools were reviewed and it was agreed a 50-foot setback would be necessary.
Mr. Rossi proceeded to read several abutter letters for the record -- from the Morgan family, the Erenberg family and Jim Feiner. He opened the discussion up to the audience. Mr. Morgan referenced his letter and added his family’s main concern is noise as it carries down the valley to his house. He suggested a pool location in back behind the house would help block the noise. The Board suggested a location between the two houses with natural screening from the neighbors and Menemsha to help dampen the noise. Mr. LoRusso pointed out the possible perk testing issues associated with relocating the septic and added there are chlorine-free filtration systems that are very effective. His concern was to protect the lower salt marsh from possible chlorine contamination. The Board further
commented that due to the close proximity of the neighbors an insulated, underground facility for the pool equipment would be preferred to reduce the noise.
Mr. Silva thanked the Board for its input and requested a continuance to June 13, 2006 @ 7:25 PM. A motion to continue the hearing to June 13, 2006 @ 7:25 PM was made, seconded and unanimously approved.
PATRICK LINDSEY FOR ANDREW MARCUS: Mr. Rossi opened the public hearing at 7:46 PM. Mr. Lindsey summarized the plan to convert an existing detached studio into a guesthouse by adding the necessary kitchen amenities. It was confirmed the total floor area of the structure is 726 sq. ft. and the septic plan is satisfactory. With no further discussion a motion to approve the floor plans as presented and dated 10/22/99, 12/29/99 and re-dated 5/9/06 was made, seconded and unanimously approved.
CHRIS ALLEY FOR LINDAUR/FINBURY: Mr. Rossi opened the public hearing at 7:50 PM. Mr. Alley requested a continuance to July 11, 2006 @ 7:10 PM to give the owners time to review the plans for re building a house that was destroyed by fire with their neighbors. A motion to accept the request was made, seconded and unanimously approved.
DEBBIE HANCOCK: Mr. Rossi opened the public hearing at 7:55 PM. Ms. Hancock summarized the plan to raze the existing house and rebuild a new one with a footprint that matches that of the original structure and a roof ridge height that is lower than 13 feet above mean natural grade – and lower than the ridge height of the original structure. Mr. Rossi read several letters from abutters for the record. All letters supported the plan. With no further comments or discussion a motion to approve the plans as presented and dated 5/9/06 was made, seconded and unanimously approved.
CHRIS ALLEY FOR DEXTER YOUNG: Mr. Rossi opened the public hearing at 8:10 PM. Mr. Alley requested a continuance to June 13, 2006 @ 7:10 PM to give the owner time to review a deed covenant that does not permit the construction of a guesthouse. A motion to accept the request to continue the hearing was made, seconded and unanimously approved.
ROB MCCARRON FOR LIFESTYLE DEVELOPMENT COMPANY: Mr. Rossi opened the continued hearing at 8:25 PM. Mr. McCarron introduced Messrs. Brefka and Hutton from the Lifestyle Development Company and proceeded to summarize the comments made at the original hearing on March 14, 2006 while adding his client’s responses to several of the issues as follows:
- His client has decided to withdraw the request to use the restaurant for private club members only. They now plan to continue to use the restaurant exactly as it is currently permitted—open to the public for dinner only with maximum seating for 50 and a maximum number of daily dinners at 100 (two seatings per night).
- They agree to not use the existing garden shed on the North Rd. that is on the property line for habitation. They would like to move it to the main compound area in a way that is consistent with the existing conservation restriction (CR). Their desire is to preserve the open vistas.
- They believe the proposed new use of the facilities, as an Inn/Lodging House for private members only is not more objectionable or detrimental to the character of the neighborhood than the current public use.
- It is not the Company’s goal to operate or structure the facilities with fractional ownership—as outlined in the letters describing the intended use and membership policies dated May 2 and May 9, 2006.
- The current bedroom count is 25 and the company plans to eventually reduce this total count by at least three bedrooms.
- The Company believes the change from public to private use will have less pressure on the septic system, car traffic and wastewater flow. There is no empirical data to support these assumptions.
Mr. Rossi commented that any construction plans would have to come before the ZBA for approval.
Mr. Brefka proceeded to summarize the organization’s structure. The Guggenheim Family of New York sponsors the organization. The Guggenheim Conservancy and Sporting Society will operate the premises. Additional sponsors are the Nature Conservancy and Trout Unlimited. He continued by explaining he and Mr. Hutton work for the Lifestyle Development Company that is a for profit enterprise whose purpose is to acquire the properties and transfer them to the Guggenheim Conservancy that will run them as a non-profit operation. Portions of the revenue from the Conservancy will be donated to the Guggenheim Foundation for International Preservation and other local, island conservation interests.
Mr. Rossi read letters from the Chilmark Planning Board and two abutters for the record. He added that Town Counsel disagrees with the Planning Board’s expressed need to bring the Inn’s use capacity into conformity at a maximum of 30 overnight guests – versus the current 50.
Mr. Rossi opened the discussion to the audience. Abutter Kathy Cerick expressed that she is concerned with the precedent that would be set if the use was changed from a public Inn a private time share operation and requested the ZBA deny the application. Mr. Rossi clarified that a non-conforming use may be expanded in certain circumstances but a conforming use cannot be changed to a non-conforming use.
Abutter Bob Skydell commented he is not here to speak for or against the application. The past three owners of the Inn were good neighbors and the Inn was operated as a commercial enterprise then and anticipates nothing different from the new owners and operation. He asked if day guests of members would be able to visit and use the facilities and not stay overnight. If yes, this could increase the crowds beyond the fifty overnight guests on any given day.
Mr. Brefka responded that club members would be allowed to bring guests. Mr. Skydell asked what facilities would be available for day guests. Mr. Brefka said the current activities will be available – pool, tennis, hiking, biking, fishing etc. The CR does not allow any expansion. He added they do not plan to expand the use of the facilities and no one would be allowed to visit if they are not with a member.
Mr. Murphy asked the chairman if phone call comments from abutters might be entered for the record. Mr. Rossi said the Board couldn’t permit that because it can be construed as hearsay.
Mr. LoRusso asked about the plans for the existing public path. Mr. McCarron responded the trail is not heavily used and admitted it could be better maintained. He added the Inn is one of five members of the trail that crosses several properties. Mr. Brefka said they would maintain the portion of the trail that is on the Inn’s property. Mr. Rossi asked if the public will continue to have the right to walk the trail and wanted clarification on an earlier comment that indicated non-members would not be allowed on the premises. Mr. McCarron assured the Board that the public will have access to the trail and they will maintain their section.
Mr. Rossi asked if the public would have access to the 50 dinner seats in the restaurant if the Inn has 50 overnight members. Mr. Brefka said the public would need to make advance reservations. Mr. Rossi wanted assurance the public will not be told the restaurant is booked every night. Mr. Brefka added they would keep the restaurant open to he public because it is more interesting. The current owner commented the restaurant is permitted for 100 dinners per night and he cannot remember when he served more than 90 dinners in one evening over the past six years.
Mr. Knight asked how many employees will be local residents and if the new owners plan to transfer existing employees from other properties throughout the world on a seasonal basis. The current owner responded by saying he has four employees from other countries and about 25 to 26 of the other employees are either seasonal or year-round islanders. He added it has not been his practice to hire college students on summer break because they cannot work the entire summer season. Mr. Befka added that they have no desire to change the operations and will not “import” employees from other properties. He said they want to provide a uniform level of hospitality across all properties.
Ms. Weldon asked if they plan to keep the Inn open in the off-season. Mr. Befka said they have not yet thought it through. Ms. Armstrong referred to an earlier comment about keeping non-members off the premises and asked how they plan to do that. Mr. Brefka said they would probably have a polite message such as the public is welcome to have dinner at the Inn.
Mr. LoRusso asked what they plan to do with the building that is located on the lot line. Mr. McCarron said it is currently a garden shed and they do not yet know what they will do with it. He assured the Board it will not be used as a dwelling for habitation.
Ms. Armstrong asked if the Inn would be required to renew its license each year. Mr. Rossi said the Board of Selectmen will have to grant the license annually and the Board of Health will inspect the premises each year.
Mr. LoRusso referred to the letter dated May 2, 2006 and questioned the membership section that said “the Conservancy may modify its reservation rules from time to time”. He said this makes the submitted rules meaningless because they can be changed at any time. Mr. Rossi added that not all of the company’s properties would be scrutinized as much as this one.
With no further discussion Mr. Murphy asked the Chairman to identify the voting ZBA members for this application. Mr. Rossi confirmed that he and Messrs. Knight, LoRusso, Bunker and Murphy would be voting. The hearing was closed at 9:16 PM.
Mr. LoRusso made a motion to approve the change in use from a public Inn to an Inn/Lodging House for private members only with four conditions:
1. Any changes to the outline submitted and dated May 2, 2006 that has the effect of granting a member the right to annual, recurring use of the premises will have to first be submitted to the ZBA for approval.
2. The existing structure that is close to the lot line on North Road cannot be used as habitable space unless it is moved to a location that has similar distances from the lot lines as the other buildings and is consistent with the conservation restriction (CR).
3. The Conservancy will maintain the section of the public walking path also known as Mill Brook Trail that is within the Inn’s property lines and keep it open to the public at all times.
4. The restaurant will be maintained and used exactly as it is under the current ownership.
After discussion Mr. McCarron added the applicant would withdraw the request from the application to toll the running of the two-year time limit of Article 9 Section 9.7 to two years from the date that the Applicant acquires the premises.
With no further discussion Mr. Rossi asked for a role call vote that was recorded as follows: Messrs. Knight, LoRusso and Rossi voted in favor of the motion. Messrs. Bunker and Murphy voted against the motion. Mr. Rossi declared the application has been denied.
With no further business to discuss the meeting adjourned at 9:45 PM.
Respectfully submitted by Chuck Hodgkinson CAS.
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