FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Chris Murphy, Frank LoRusso, Wendy Weldon, Barbara Armstrong and Chuck Hodgkinson. Also present: John and Mollie Callagy, Phil Regan, James Moffatt, George Sourati, Leah Littlefield and Lenny Jason. Rodney Bunker was absent.
Mr. Rossi opened the meeting at 7:00 PM.
MINUTES: The February 13, 2007 minutes were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
BRUCE SLATER GUESTHOUSE SPECIAL PERMIT: Chuck H. shared a revised site plan for the previously approved special permit for Mr. Slater’s guesthouse. The house was rotated 180 degrees from the prior plan. Its location and distance from the lot lines did not change. A motion to accept the changes as shown on the site plan dated 12/14/06 was made, seconded and unanimously approved. This site plan replaces the original approved plan dated 10/27/06. The Board members signed the final plan dated 12/14/06.
TOM PIERCE FOR RICHARD LOCHRIDGE; 7:10 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 April 10, 2007 @ 7:10 PM. A motion to accept the request for a continuance was made, seconded and unanimously approved.
PHIL REGAN FOR JOHN CALLAGY 7:25 PM: Article 8 Section 8.3; 2 Squibnocket Rd.; Map 33 Lot 76.1: Mr. Rossi opened the public hearing at 7:25 PM. Mr. LoRusso recused himself as an abutter. Alternates Ms. Weldon and Ms. Armstrong were appointed as voting members for this hearing. Mr. Callagy summarized the history of this construction project and the confusion regarding the replacement of a pre-existing, non-conforming 1200 sq. ft. “guesthouse”. He explained that the Building Inspector issued a cease and desist order for the guesthouse part of the project on January 22, 2007 because the foundation is not within the footprint of the original guesthouse – as outlined in the special permit conditions. After summarizing the chain of events Mr. Callagy took
full responsibility for the mistake. He admitted he should have questioned the condition and language in the special permit before proceeding with the work.
Mr. Callagy asked the Board to consider this new application as if it was a first-time proposal. He pointed out several features of the proposed replacement guesthouse that reduces the non-conformity of the original structure. The proposed building lowers the roof height to 18 feet above grade and into conformity with the regulations for open terrain in the Roadside District. While still larger than guesthouse regulations, it reduces the area of the previous guesthouse by 2 percent – from 1197 sq. ft. to 1176 sq. ft. and reduces the bedroom count from three to two bedrooms. He summarized by stating they are proposing a lower, smaller and less heavily used structure that is less intrusive than the previous building. He added this was an expensive mistake on his part and asked the
Board to review this request as an initial application.
Mr. Regan confirmed Mr. Callagy’s summary and also accepted blame for the mistake.
Mr. Jason added he thinks the new application and plan reduces the non-conformity, lowers the roof height, meets all required setbacks and asked the Board to try and find a way to make this right.
The Board discussed the merits of the proposal and how the new plan is an improvement over the original structure. Mr. Rossi read the Site Review Committee report dated 2/14/07 for the record and added he disagrees with the Committee’s findings and believes this application does come under Article 8 Section 8.3 which gives a property owner the right to apply for a special permit to alter of a pre-existing non-conforming structure provided it meets the specifications outlined in the by-law—which this does.
With no further comment from the audience the hearing closed at 7:50 PM. A motion to approve the plan as presented and dated 2/7/07 was made seconded and unanimously approved with five in favor. The plan was signed by the Board members and dated 3/13/07.
LEAH LITTLEFIELD AND GEORGE SOURATI 7:40 PM: Articles 8 and 11 Sections 8.3 and 11.6B2a; 10 Molly’s Way; Map 27.1 Lot 56: Mr. Rossi opened the public hearing at 7:55 PM and appointed Ms. Weldon as a voting member. Mr. Rossi read the deed restriction that limits the lot to a total of three bedrooms. Mr. Sourati confirmed that the plan to place a walk-in basement with a bulkhead entrance under the structure to stabilize the building does not change the footprint or bedroom count. He added the DEP, Chilmark Board of Health and the Conservation Commission have approved the de-nitrifying septic system. There will be no access to the basement from inside the house – even though it will be used as a music room and laundry area. Mr. Sourati added that the while the work is
not in the shore zone it falls under the Town’s zoning regulations for a shore zone. He stated only 220 sq. ft. of the proposed basement falls within shore zone regulations and is less than the maximum increased area allowed of 250 sq. ft. The Board confirmed that this section of the basement does count toward the 250 additional sq. ft. maximum for portion of the structure that falls under shore zone regulations.
With no further discussion from the audience the hearing closed at 8:05 PM. A motion to approve the plans as presented and dated 11/21/03 with the certified site plan dated 3/13/07 was made, seconded and unanimously approved with five in favor.
ADMINISTRATION: Chuck H. asked for the Board’s approval to sign newspaper-advertising invoices as they arrive to help expedite prompt payment. A motion to grant this authority was made, seconded and unanimously approved.
With no further business to discuss the meeting adjourned at 8:12 PM.
Respectfully submitted by Chuck Hodgkinson CAS.
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