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Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Frank LoRusso, PersonNameWendy Weldon, Chris Murphy and PersonNameChuck Hodgkinson. Also present: Roland Kluver, PersonNameKris Horiuchi, Douglas Sacks, PersonNameMax McCreery, John O’Keefe, Phil and Fran Demers, Toni Chute, John Demers, Phil Hollinger, Stan Hart, Wendy Bujak and Don Eber. Barbara Armstrong and Rodney Bunker were absent.
Mr. Rossi opened the meeting at 7:00 PM.
MINUTES: The January 8, 2008 minutes were reviewed. A motion to approve the minutes as presented was made, seconded and voted unanimously in favor.
ZBA DISCUSSION DON EBER FOR STEPHEN MORMORIS; addressStreet33 Quenames Rd.; Map 11 placeLot 56: Mr. Eber summarized the Special Permit and conditions that were granted for Mr. Mormoris’ guesthouse on August 9, 2005. He is seeking the Board’s advice on how to proceed with Mr. Mormoris’ desire to convert the second floor of the garage that is attached to the main house into a media room while putting a pantry and bath on the first floor. After discussion the Board recommended that he apply for a Special Permit requesting permission to amend some of the conditions placed on the guesthouse permit. The Board emphasized that the conditions placed on the guesthouse garage will not be amended and said they would consider and evaluate the proposal for the main house garage.
REID SILVA AND ROLAND KLUVER FOR placeDOUGLAS SACKS; 11, addressStreet15 Chappaquoit Rd.; Map 24 Lots 209, 216; Article 4 Section 4.2A3: Mr. Rossi opened the hearing at 7:10 PM. Ms. Weldon informed the Board that Mr. Sacks rented her house two years ago and added she has no financial interest or opportunity to gain on the outcome of this application. The Board agreed and Mr. Rossi announced that alternate member PersonNameWendy Weldon would be voting on this application.
Mr. Kluver summarized the attributes of the plan as follows:
- The pool would be filled from an off-site source as specified in the Town regulations.
- There will be no Jacuzzis on the outdoor decks.
- If the neighbor’s view is impaired by the landscaping Mr. Sacks will top the trees to preserve the views of abutters.
- The construction noise has been isolated to working hours as recommended by the Building Inspector. They expect to finish the work by July 2008.
- The original garage will be taken down within a few weeks.
- All outside lighting will conform to the Town’s outdoor lighting by-law.
- Mr. Kluver pointed out that all of the South Abel’s Hill residents are close to each other and that Mr. Sacks can hear the neighbors just as they can hear his family.
- Mr. Kluver outlined the lines of sight from the main house to the pool and described the type of stone wall fencing and lattice that will be utilized.
- The solar panels for a pool water heating system will be placed in the northwest corner of the lot.
Ms. Horiuchi summarized reasons for the pool’s location and the owner’s desire to replace and preserve the meadow that is south of the main house. The pool equipment would be located within an existing stone barrier that is 15 feet from the north lot line. It will have a sound-proofed cover. Mr. Rossi asked if the pool equipment is enclosed in a structure as defined in the by-laws. Ms. Horiuchi said the equipment enclosure walls are lower than 48 inches above natural grade.
Mr. Rossi read the by-law regarding solar pool heating systems and the location guidelines for the solar panels. The Board commented the proposed location for the panels is not a good choice as they are very close to the abutters’ lot lines. Mr. Rossi added the Board will require another site visit to evaluate the solar panel location because it was not indicated on the plan during the previous visit.
The Board commented on the extra tree planting. Mr. Sacks added that he would be amenable to a deeded view easement with his neighbors.
Mr. Sacks asked if the discussion could address the technical issues of the pool proposal first and then address the issues with the neighbors. He added he is willing to make amends to protect neighbors. Mr. Sacks said Ms. Horiuchi will address the planting scheme. The Board summarized the trees will grow and block the view. Mr. Sacks agreed.
The Board discussed the sight lines from the kitchen window to the pool and the pool’s elevation and explained their desire and concern is for child safety. Mr. Sacks asked if there are statistics supporting the advantages of one room over another for observing the pool. The Board said this decision is dictated by each house’s unique design and floor plan layout. The Board asked if the pool could be located on the south side of the house.
Mr. Rossi read the Site Review Committee report for the record. The Board added that it is here to review the pool application. The pool is located within the Roadside District as pointed out by the Site Review Committee. If the pool was located on the south side of the house it would be out of the 500-foot Roadside District.
As requested by Mr. Sacks, the Board explained the advantages of locating the pool in a different part of the lot.
Mr. Rossi and other Board members read all of the letters from abutters aloud for the record. Mr. Sacks commented that he appreciates the conviction with which they are written and added he has developed his lot within the legal aspects of the zoning by-laws. He added that while there may be cultural differences among his neighbors he has a legal right to develop his property. The Board asked that the discussion stay within the parameters of the by-laws and the facts. The Board summarized they will reconsider a new location to satisfy their safety concerns. The noise, light and fencing issues will also need to be addressed. They concluded that the proposed location seems to be closer to the neighbor’s lots than to Mr. Sacks’ house.
Several abutters asked about the noise generated by the people using the pool. The Board commented that there has never been a complaint filed with the Chilmark Police Department about pool noise or children enjoying a pool. After discussion about alternative locations that might satisfy the Board’s concerns Mr. Kluver asked for a continuance to March 11th @ 7:10 PM
to consider other options. A subsequent motion to accept the request was made, seconded and unanimously approved.
MAY POOL SPECIAL PERMIT CONDITION; addressStreet15 Valley Lane; Map 3 Lot 51: The Board reviewed a revised landscape plan that was prepared by PlaceNameplaceVineyard PlaceTypeGardens and dated November 15, 2007. It provides screening for the side of the pool that is closest to the land bank trail. A motion to approve the landscape plan was made, seconded and voted unanimously in favor.
With no further business to discuss the meeting adjourned at 9:35 PM.
Respectfully submitted by PersonNameChuck Hodgkinson, CAS.
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