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Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Frank LoRusso, Barbara Armstrong, Rodney Bunker, Wendy Weldon and PersonNameChuck Hodgkinson. Also present: Reid Silva, Bob and Happy Green, Gino Mazzaferro, Charlotte Cohen, Gary Harcourt and Julia Rappaport (Gazette). Chris Murphy was absent.
Mr. Rossi opened the meeting at 7:00 PM.
MINUTES: The July 10, 2007 minutes were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
AUDREY HAZEL FOR KENNETH GOLDSTEIN, TRUSTEE: Mr. Rossi appointed Ms. Armstrong as a voting member for this application and opened the hearing at 7:10 PM. He read a letter from the applicant requesting a continuance to October 9, 2007 @ 7:40 PM. A motion to accept the request was made, seconded and unanimously approved.
GINO MAZZAFERRO FOR BARBARA KAPP, ARCHITECT AND STEVEN CLARK, TRUSTEE: Mr. Rossi appointed Ms. Weldon as a voting member and opened the hearing at 7:25 PM. Mr. Mazzaferro summarized the site plan and elevations to upgrade the existing house, insulation and foundation, link the existing detached structure to the main house, build an addition and add exterior decks on a non-conforming lot under Article 8 Section 8.3. The addition meets the setback requirements and roof ridge height will not change. There is a stairway that is less than 30 inches above grade with no railing. The total number of bedrooms will not change but one bedroom will be relocated. Mr. Rossi read the Site Review Committee report and an email from abutter Mimi Drummond for the record. The Board discussed the
stairway and agreed it is permissible because is not an increase in non-conformity. A motion was made, seconded and unanimously approved to close the hearing at 7:35 PM. A subsequent motion to approve the plan as presented and dated 8/10/07 was made, seconded and unanimously approved.
BOB GREEN: Mr. Rossi appointed Ms. Weldon as a voting member and opened the hearing for Mr. Green’s windmill at 7:40 PM. Mr. Green introduced his wife Happy and summarized the site plan and proposed location for a 114-foot high wind turbine. Gary Harcourt, the general contractor assisted. Mr. Green mentioned that a notice went to all members of the Old Farm Road Association including the neighbors whose property is outside the ZBA specified 300-foot abutter radius. Mr. Green added that the proposed wind turbine is relatively quiet. In a heavy wind it produces 50 to 55 decibels of noise. A carrier air-conditioning unit produces 70 to 75 decibels of noise. He concluded the wind turbine’s noise level is comparable to a refrigerator and asked for the
Board’s approval as this is not a permit for a luxury feature such as a pool or tennis court. It is a utilitarian device.
Mr. Rossi read the Site Review Committee’s report for the record and asked for comment from the audience. Mr. & Mrs. Cohen opposed the location of the windmill and spoke as abutters whose vacant lot is closest to the windmill’s proposed location. Mrs. Cohen cited the following elevation statistics obtained from Google Earth: The proposed site is 142 feet above sea level + 114 additional feet of height for the turbine = 256 feet above sea level. The center of Mrs. Cohen’s vacant lot is 161 feet above sea level which means 95 feet of the turbine will be visible from this lot. Mrs. Cohen’s house is further away and is 186 feet above sea level meaning 70 feet of the turbine is visible from her house.
Mr. Rossi read the by-law aloud and explained the Zoning Board of Appeals is bound to consider the by-law when making its decision. The by-law clearly considers an abutter’s enjoyment of their property -- even if it does not currently have a dwelling. Enjoyment of someone’s property is much broader than protecting a view or having a visual impact. Town voters discussed and approved the by-law at Town Meeting. It clearly states abutter issues must be addressed. The proposed location seems to be “in the Cohen’s face” so to speak of their vacant lot. The proposed location may also impact an abutter’s future home. He asked if Mr. Green considered moving the turbine closer to his house. Perhaps a wind turbine’s location should affect the
applicant’s enjoyment of his or her property more than that of an abutting neighbor’s ability to enjoy their property.
Mr. Green responded he has no problem moving the turbine closer to his house. It was not his objective to have the proposed site farther away from his house. He added that his house is lower than the proposed location. It may require a windmill that is higher than 114 feet above grade to reach the wind. Mr. Harcourt added that the windmill’s height can only be increased in twenty-foot increments.
Mr. Rossi read letters from abutters Pratt (in favor) and the Leahy’s (opposed). Letters from neighbors outside the 300-foot abutter radius were also read – Pearlson (in favor) and Jaroch (opposed). Kate Warner, Director of the Vineyard Energy Project in placeWest Tisbury also sent a letter in favor.
The Board discussed the matter further citing their observations during their site visits. Mr. Green subsequently requested a continuance to October 9, 2007 @ 8:55 PM. He would like to work with the abutters and propose a different location, meet with the Site Review Committee on the new location and then return to the ZBA. A motion to accept the request was made, seconded and unanimously approved.
REID SILVA FOR EUGENE KALKIN: Mr. Rossi appointed Ms. Armstrong as a voting member on this application and opened the hearing at 8:25 PM. Mr. Silva summarized the plan to renovate and convert an existing shed into a detached bedroom with half bath. He pointed out the addition of a small five-foot high storage shed on one end and a ground-level deck on the other end. He added the roof ridge height will remain at 12 feet above grade. A letter from abutter Blake Middleton was read for the record. After brief discussion and with no comment from the audience a motion to close the hearing at 8:33 PM was made seconded and unanimously approved. A subsequent motion was made to approve the plan as presented and dated 7/30/07 with the condition that the plans are approved by the Board of
Health. The motion was seconded and unanimously approved.
REID SILVA FOR ROBERT NIXON: Ms. Armstrong recused herself as a neighbor. Mr. Rossi appointed Ms. Weldon as a voting member and opened the hearing at 8:35 PM. Mr. Silva summarized the history of the prior two pool special permit applications and locations that were both subsequently approved by the ZBA. He explained why the Nixon’s want to propose a new, third location that is very close to the original location that was approved by the ZBA on 8/8/06. Mr. Rossi read the conditions for the approval on 8/8/06 and two letters of opposition to the current location. The Armstrong’s opposed the new location and asked for additional screening if the Board is inclined to approve the current proposal—as done with the 8/8/06 approval. The Ehrenberg’s oppose
the new pool location. The Board asked how the equipment shed will be insulated. Mr. Silva said it will be below grade and insulated with a hatch door. After further discussion a motion was made, seconded and unanimously approved to close the hearing at 8:45 PM. A subsequent motion was made to approve the plan as presented and dated 8/17/07 with the following conditions: 1. The pool will meet all of Chilmark’s standard swimming pool conditions. 2. The Fire Chief shall approve the location of the standpipe. 3. The sight line will be maintained between the pool and all houses. 4. The existing screening on the west side facing placePlaceNameMenemsha PlaceTypeVillage will be maintained. 5. The ZBA will approve a revised, supplemental landscape-screening plan of natural vegetation that will serve as an additional noise barrier.
6. This Special Permit nullifies and replaces the built-in swimming pool special permits dated August 8, 2006 and February 13, 2007. The motion was seconded and unanimously approved.
MAYS BUILT-IN SWIMMING POOL SPECIAL PERMIT: The Board reviewed a supplemental landscape plan that was submitted by Dede Mays. It responds to the special permit’s condition for ZBA approval of a supplemental screening plan along the Land Bank trail side of the pool. After discussion the Board did not approve the landscape plan as presented. Chuck H. will send a letter to the owners asking for a complete site plan that shows the additional screening and a new location for the proposed gazebo—that is outside the pool’s sightline from the house as indicated on the approved site plan dated 6/12/07 and signed by the Board.
ADMINISTRATION: Mr. Rossi approved the $60 annual membership fee invoice for the MA. Federation of Planning and Appeals Boards. The Planning Board’s proposed amendment to the swimming pool by-law Article 4 section 4.2A3 was reviewed. Mr. Rossi suggested and the Board agreed a regulation should be added to clarify and require a Special Permit from the ZBA if a resident wants to install any type of supplemental water heating system to an existing pool. This will create an automatic way of enforcing the by-law amendment. Chuck H. will draft a memo to the Planning Board outlining the issue and Board’s suggestion.
With no further business to discuss the meeting adjourned at 8:55 PM.
Respectfully submitted by PersonNameChuck Hodgkinson, CAS.
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