FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Chris Murphy, Frank LoRusso, Rodney Bunker, Wendy Weldon, and Chuck Hodgkinson. Also present: Chris Alley (Young), Robert Conway, Nancy Young, Dexter Young, Susan Parker, Rachel Rohr for the MV Gazette, Lenny Jason, Warren Doty, Andy Goldman, Bob Fokos, Eric Peters, Edward Vincent, Tenney Lantz, Edward Winnington, Carrie W., JoAnn Murphy, Alice Robinson, Karen Cheshire, Helen Anderson and John Anderson. Absent was Barbara Armstrong.
Mr. Rossi opened the meeting at 7:00 PM.
MINUTES: The May 9, 2006 minutes were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
MIDDLE LINE ROAD PROJECT PROCESS COMMITTEE DISCUSSION: Mr. Doty summarized the status of the Middle Line Road affordable housing program and purpose of the committee. He pointed out the Homesite Housing by-law states the recipient must apply for the Homesite Lot special permit. He then asked if the entire Middle Line Road program may be built before identifying specific recipients for the affordable ownership and/or the rental units? Mr. Goldman added there are economies of scale that might be realized if all units are built at one time—before bringing in the buyers. Mr. Rossi commented that the by-law states the ZBA can grant a Homesite Lot to individuals and said town counsel should be consulted to determine if the Town might build on Homesite Lots.
Mr. Doty summarized that it seems as if the recipients for the ownership lots need to first be identified so they can apply individually for the special permits. Separately, the Town would issue a Request for Proposal (RFP) to build the rental units. Mr. Murphy suggested building the rental units first and awarding the Homesite lots over time – perhaps one per year. This would offer affordable housing ownership opportunities to more generations rather than to six candidates all at once.
After further discussion about design covenants the ZBA summarized its recommendations as follows: 1. Identify the specific ownership recipients and certain design criteria. 2. Have each recipient separately apply to the ZBA for a Homesite Lot special permit. 3. Build the rental units on three separate lots.
CHRIS ALLEY FOR DEXTER YOUNG: Mr. Rossi opened the continued hearing at 7:35 PM. Mr. Alley introduced Dexter and Nancy Young to the Board and proceeded to summarize the application for a guesthouse and the deed covenants that were enacted in 1979. Further, the Planning Board has determined that no guesthouses may be built on this lot because the covenants are still active. Mr. Alley asked for permission to withdraw the application for a guesthouse without prejudice and re apply in three years when the covenants expire. Mr. Rossi added the owner’s association might want to renew the covenants. Mr. Alley acknowledged this possibility.
With no further discussion a motion to accept the withdrawal of the application was made, seconded and unanimously approved.
REID SILVA FOR ROBERT NIXON: Mr. Rossi opened the continued hearing for this built-in swimming pool application at 7:43 PM and proceeded to read a letter from Mr. Silva requesting a continuance to July 11 @ 7:25 PM. A motion to continue the hearing to July 11 @ 7:25 PM was made, seconded and unanimously approved.
ANNIE FISHER FOR FRANK SICA: Mr. Rossi opened the continued hearing at 7:45 PM and read a letter from the applicant requesting a continuance to July 11 @ 7:40 PM. A motion to continue the hearing to July 11 @ 7:40 PM was made, seconded and unanimously approved.
PETER OBERFEST DISCUSSION: The Board reviewed the follow up materials provided regarding Mr. Oberfest’s approved special permit and plans to build a built-in swimming pool. The Board read a letter from the Fire Chief explaining there is no need for a pool standpipe at this particular site. The Board acknowledged the letter and waived this requirement. A sketch of the proposed bars over the barn window that faces the pool was also reviewed. The Board accepted the design with the condition that the spacing of the bars meets the child safety code requirements. A letter outlining these agreements will be sent to Mr. Oberfest.
JOANNE RISEBOROUGH: Mr. Rossi opened the public hearing for the guesthouse special permit application at 7:55 PM and read a letter requesting the withdrawal of the application. A motion to accept the withdrawal was made, seconded and unanimously approved.
CALLAGY SPECIAL PERMIT FOLLOW UP: Mr. Rossi informed the Board that he made a site visit with the Callagy’s architect and approved the revised landscape plan.
TIM CARROLL CHAPTER 79 OF THE ACTS OF 2006: The Board reviewed Mr. Carroll’s letter dated June 13, 2006 asking for its comments on the proposal that does not necessarily disqualify a board member from voting at an adjudicatory hearing solely due to that member’s absence from no more than one single session—with certain conditions. After discussion the Board unanimously agreed to not support this change and will review a draft letter at the July 11 ZBA meeting expressing this opinion.
ROBERT FOKOS AND ABUTTERS VS. GIRL SCOUT COUNCIL OF SE MASSACHUSETTS: Mr. Rossi opened the public hearing at 8:10 PM. Attorney for the abutters Eric Peters summarized the appeal to revoke the building permit issued to the Girl Scouts on April 12, 2006. He distributed and read a letter dated June 13, 2006 outlining the specifics and opinions related to the appeal. Mr. Rossi opened the discussion to the audience. Edward Vincent questioned the appeal based upon the Buff vs. Chilmark case. He added he believed the lot in question has adequate road frontage on the access road to the Girl Scout’s lot. He summarized that the Girl Scouts organization is educational, has a permitted use and is proposing to build a conforming structure on a conforming lot.
Building Inspector Lenny Jason commented that he agreed this is a conforming lot with a conforming use, which is why he issued the building permit. Mr. Rossi added he has a written opinion from Town Counsel dated June 13, 2006 that states the permit was issued correctly, the lot has adequate frontage along Middle Road and the easement and proceeded to read the letter for the record. After discussing the MVC referral process that has been initiated by the Town Mr. Rossi outlined the Board’s three options: 1. Vote on the appeal tonight. 2. Postpone the vote and continue the hearing at the applicant’s request. 3. The applicant may withdraw the appeal.
Mr. Peters outlined his disagreements with Town Counsel’s opinion—regarding the width requirement, his unfamiliarity with the Buff vs. Chilmark case sited earlier and believed the land between the Girl Scout’s lot and the easement in question is not granted as part of the easement and therefore does not contribute toward its width dimension.
Mr. Rossi concluded that since there is a difference of opinion between the two representing attorneys perhaps the court should decide the outcome – if the ZBA’s decision is appealed.
After further discussion with his clients Mr. Peters requested a continuance to July 11, 2006 @ 7:55 PM to give him time to discuss the case with Town Counsel. A motion to accept the request to continue to July 11 @ 7:55 PM was made, seconded and unanimously approved.
With no further business to discuss the meeting adjourned at 8:45 PM.
Respectfully submitted by Chuck Hodgkinson CAS.
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