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Zoning Board of Appeals Minutes 10/10/06
FINAL
Present for the Board of Appeals and attending the meeting were:  Bill Rossi, Chair, Peter Knight,  Rodney Bunker, Wendy Weldon, Barbara Armstrong, Frank LoRusso (arrived 7:18 PM) and Chuck Hodgkinson.  Also present:  John O’Keefe and Toni Chute, Peter Breese for Douglas Sacks, Dan Prowten, Lenny Jason and Andrew Flake.  Absent was Chris Murphy.  

Mr. Rossi opened the meeting at 7:02 PM.

MINUTES:  The September 12, 2006 minutes were reviewed.  A motion to approve the minutes as presented was made, seconded and unanimously approved.

ANDREW FLAKE FOR DAVID & BETSY EPSTEIN:  Mr. Rossi opened the public hearing at 7:10 PM and appointed alternates Ms. Weldon and Ms. Armstrong as voting members.  Mr. Flake summarized the plans to build a guesthouse and reviewed how hay bales and a silt fence will be temporarily installed along the construction road.  He added that this temporary road would be fully replanted with natural vegetation when the project is complete.  The Board discussed how the plan meets the maximum 800 sq. ft. of area and confirmed the basement will have no interior access.  Mr. Rossi read letters for the record from an abutter -- Land Bank and letters of consent from the Chilmark Planning Board and the Spring Point Architectural Review Committee.  The Board commented on how well the owner has landscaped the premises and asked for a re-planting landscape plan along the construction road.

After further discussion a motion to approve the plans as presented with the condition that the ZBA Chairman must also see and approve a re-landscaping plan for the construction road.  The motion was seconded and the vote was unanimous in favor.

CHRIS ALLEY FOR LINDAUR/FINBURY:  Mr. Rossi opened the continued public hearing at      7:30 PM and read a letter from the applicant requesting a continuance to November 14, 2006      @ 7:10 PM.  A motion to accept the request was made, seconded and unanimously approved.

DENNIS JASON:  Mr. Rossi opened the public hearing at 7:40 PM and recused himself as a direct abutter and appointed Ms. Weldon as a voting member in his place.  A letter from the applicant was read that asked for the Board’s approval to withdraw the application without prejudice.  A motion to accept the request was made, seconded and unanimously approved.

DAN PROWTEN FOR IRVING AND SARAH PETLIN:  Mr. Rossi opened the public hearing at      7:55 PM and appointed Ms. Armstrong as a voting member.  Mr. Prowten summarized the plans and how there will be a net increase in total floor area of + 276 sq. ft and that the addition will match the profile of the existing structure.  The existing roof is 13.5 feet above grade.  The Board discussed the site visit and that this is a modest request.  They added that the Board of Health must approve the septic plan.  Mr. Prowten agreed and said the system has not yet been inspected.

After further discussion a motion was made to approve the plan as presented with the condition that the Board of Health must approve the septic plan.  The motion was seconded and unanimously approved.

JOHN O’KEEFE:  Mr. Rossi opened the public hearing at 8:10 PM.  Mr. Rossi read the Site Review Committee report that designated the lot as wooded terrain for the record.  Mr. O’Keefe summarized the house’s history and plans for the additions. Mr. Rossi summarized the by-law requirements and determined the addition to west satisfies the guidelines for additional lot line encroachment.  Mr. Breese representing abutter Douglas Sacks to the west reviewed the plans and commented that it is a nice plan and that we (he and Mr. Sacks) are in total support of the proposal.

After brief discussion a motion to approve the plans as presented was made, seconded and unanimously approved.

TED WHEELER:  Mr. Rossi opened the public hearing at 8:25 PM.  Ms. Weldon recused herself as having a conflict of interest.  Mr. Rossi appointed Ms. Armstrong as a voting member in her place.  A letter from the applicant requesting a continuance to November 14, 2006 @ 7:25 PM was read for the record.  A motion to accept the request was made, seconded and unanimously approved.

ABUTTERS VS. GIRL SCOUTS:  Mr. Rossi opened the continued public hearing at 8:40 PM and read a letter from Eric Peters representing the abutters requesting a withdrawal of the appeal to revoke the building permit issued on April 12, 2006 without prejudice.  Mr. Jason pointed out that the building permit was issued properly and that town counsel agreed.  After much discussion on whether or not to accept the request without prejudice a motion to deny the request was made,  seconded and unanimously approved.  In discussion the Board agreed to continue the hearing to the next ZBA meeting on November 14, 2006 at which time they will consider the appeal for a Board vote.  A subsequent motion to continue the hearing to November 14, 2006 @ 7:40 PM was made, seconded and unanimously approved.

With no further business to discuss the meeting adjourned at 8:55 PM.

Respectfully submitted by Chuck Hodgkinson CAS.