FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Chris Murphy, Rodney Bunker, Frank LoRusso, Wendy Weldon and Chuck Hodgkinson. Also present: Reid Silva (Nixon), Lenny Jason, Dennis Jason, Ted Wheeler, Chris Alley, Patrick Crosgrove (Goodenough) and Anne Alden. Barbara Armstrong was absent.
Mr. Rossi opened the meeting at 7:00 PM.
MINUTES: The January 9, 2007 minutes were reviewed. A motion to approve the minutes with minor corrections was made, seconded and approved with four in favor and one abstention (Mr. LoRusso).
LENNY JASON DISCUSSION: Mr. Jason outlined his disagreement with the expressed policy and decision as outlined in the January 9, 2007 meeting minutes regarding what plans must be filed with a Special Permit granted under Article 6 Section 6.6. He specifically asked how a special permit for a youth lot might be granted without seeing building plans. The Board commented that it has adopted and used the regulation that states a copy of the approved plans must be filed with a Special Permit at the Registry of Deeds. They added that a youth lot special permit grants approval for a lot. Article 6 Section 6.6 is different because it is granting special permission to violate the minimum setback distance from a lot line. This specific bylaw also requires that abutters within 100 feet of the
proposed building provide their approval in writing. This requirement proves to the Board that the affected neighbors have seen the proposed plan and know what the visual impact will be of the proposed structure that will be closer to their lot line than specified in the zoning bylaws. The Board added that if the design of Dennis Jason’s proposed house were different than the one presented the Board would be happy to review it. Mr. L. Jason objected and stated it is not right for the Board to require filing plans when it is granting a special permit for a setback exception. The Board countered by stating what if an abutter approves an elevation that is less than the required distance from his lot line and then discovers that what’s built is not what he approved. Mr. Rossi added that the Board should define what’s required for filing with the Registry of Deeds. While a definitive consensus was not reached Mr. Jason thanked the
Board for its time.
TED WHEELER; 7:10 PM: Article 6, Section 6.6; 142 State Road; Map 33 Lot 18: Mr. Rossi opened the continued public hearing at 7:45 PM. Ms. Weldon recused herself from the hearing because she is the applicant’s caretaker and sat in the audience. Mr. Wheeler summarized the site plan dated 2/8/07, and the elevations dated 2/13/07 for the proposed dormer for the existing house and the proposed new detached bedroom. The detached bedroom will be approximately 12’ X 21’ and have a roof ridge that is 11.5 feet above grade. It will have a bathroom but no kitchen. He then summarized the history of his negotiations with his neighbors the Aldens. Mr. Wheeler added that the Conservation Commission, Site Review Committee and Board of Health have approved the plans.
Mr. Rossi read three letters of consent from abutting neighbors within 100 feet of the proposed detached bedroom. The special conditions outlined in the Alden’s letter of consent that was received on 2/8/07 were given specific notice. The Desch letter of consent that was received on 12/15/06 was unconditional. The Rissman’s letter of consent dated 11/29/06 gave specific approval to the set of drawings presented by Mr. Wheeler. Mr. Murphy asked if a letter of consent might be needed from the Town as the owner of the stone pound and an abutter within 100 feet. Mr. Rossi added the Board needs to consider this and will check with Town Counsel.
Anne Alden introduced herself and explained the conditions in the letter sent by her brother James as Trustee of the Alden Stonewall Realty Trust. She further complimented the Board on its thoroughness throughout the proceedings. With no further comment from the audience a motion to approve the plans as presented and dated 2/8/07 (site plan) and 2/13/07 (dormer and detached bedroom) was made with the following conditions: 1. A landscape-screening plan will be developed for the northeast property line. Written approval of this landscape plan from the Trustee of the Alden Stonewall Realty Trust, James Alden or his designee Anne Alden will be provided. 2. The southern-most edge of the structure will be no more than one foot outside the 100-foot shore zone as indicated on the site plan dated
2/8/07. 3. The Chilmark Board of Health provides written approval to the total bedroom count, septic plan and provides a point of view on how to accommodate or enforce condition # 3 as outlined in the letter of consent received by the ZBA on 2/8/07 and signed by James Alden, Trustee of the Alden Stonewall Realty Trust. 4. If town counsel determines that a letter of consent for the detached bedroom is required from the Town of Chilmark as an abutter within 100 feet of the structure, such letter of consent will be provided before obtaining a building permit. The motion as conditioned was seconded and the vote was unanimous with five in favor.
TOM PIERCE FOR RICHARD LOCHRIDGE; 7:40 PM: Article 6, Section 6.6; 2 Stone Ridge; Map 25 Lots 130, 131: Mr. Rossi read a letter from the applicant requesting a continuance to March 13, 2007 @ 7:25 PM. A motion to accept the request for continuance was made, seconded and unanimously approved.
REID SILVA FOR ROBERT NIXON; 7:55 PM: Article 6, Section 6.6; Article 4 Section 4.2A3; 86 Beach Plum Lane; Map 21 Lot 79: Mr. Rossi opened the continued public hearing at 8:35 PM and confirmed the five voting members for tonight’s application will be himself and Messrs. Knight, Bunker, LoRusso and Murphy. Mr. Silva presented the site plan for the proposed 20’ X 40’ built-in swimming pool dated 2/13/07. The Board questioned the proposed fence design that abuts the house because it provides direct access to the pool without having to go through a self-locking gate. Mr. Silva sketched a new fence location on the site plan and said the owners would agree to the proposed change. He added that the equipment shed will be placed under ground and the Fire Chief has approved
the standpipe location.
Mr. Rossi read the letter of consent for the pool’s location from Mr. Nixon – who also owns the lot that is within 100 feet of the pool’s location. Mr. Bunker expressed his safety concerns with the sight lines of the pool’s proposed location from the house on the hill. He felt this new location that is different than the location approved on August 8, 2006 is more isolated. After brief discussion and with no comment from the audience a motion to approve the plan as modified and dated 2/13/07 and signed by the Board members was made with the following conditions: 1. This special permit nullifies and replaces the built-in swimming pool special permit dated August 8, 2006. 2. The pool will meet all of Chilmark’s standard swimming pool conditions. 3.
The standpipe will be installed as approved and indicated on the site plan. The motion was seconded and approved with a vote of four in favor and one opposed (Mr. Bunker).
CHRIS ALLEY AND PATRICK CROSGROVE FOR URSULA GOODENOUGH 7:55 PM: Article 4 Section 4.2A1; 31 Blue Barque Rd.; Map 17 Lot 56: Mr. Rossi opened the public hearing at 8:50 PM. Mr. Alley summarized the site plan for a guesthouse dated 1/2/07. He explained the topography of the site and the approved new septic design and plan. The main house and guesthouse will share a common septic system. Mr. Crosgrove confirmed that the guesthouse has 799 sq. ft. and reviewed the elevations dated 1/3/07. The highest roof ridge will be approximately 20 feet above grade. There is no loft planned in the section with the higher ceiling space. After further discussion about this space a motion to approve the plans as presented and dated 1/2/07 (site plan) and
1/3/07 (elevations) was made with the following condition: 1. The loft space will never be installed to increase the habitable square footage of the structure. The motion was seconded and unanimously approved with five in favor.
ADMINISTRATION: Mr. Rossi reviewed and assigned the first set of interrogatories as recommended by Town Counsel for the Lifestyle Development Corp. appeal.
With no further business to discuss the meeting adjourned at 9:15 PM.
Respectfully submitted by Chuck Hodgkinson CAS.
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