FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Frank LoRusso, Wendy Weldon, Chris Murphy, Rodney Bunker, Barbara Armstrong, Ron Rappaport and Chuck Hodgkinson.
Mr. Rossi asked for a motion to call the executive session to order @ 6:30 PM for the purpose of discussing a legal matter with Town Counsel. At the conclusion of the executive session the ZBA will open its regular meeting. A subsequent motion was made by Mr. Murphy, seconded by Mr. LoRusso and approved with a roll call vote of Mr. Rossi aye, Mr. Bunker aye, Mr. Murphy aye, Mr. LoRusso aye, Mr. Knight aye, Ms. Weldon aye and Ms. Armstrong aye.
Mr. Rappaport summarized the history regarding the Lifestyle Development Corporation’s appeal. On May 9, 2006 the ZBA did not pass a motion recommending a conditional Special Permit for the Lifestyle Development Corporation to change the use and run the Inn at Blueberry Hill as an Inn for members only. He then reviewed a proposal from McCarron, Murphy & Vukota; LLP dated March 6, 2008 with several conditions the applicant is offering for the ZBA’s approval. This list of conditions is a response to the ZBA’s decision on a second Special Permit application filed and heard on October 9, 2007. The application was rejected because the new owners said they would not change the Inn’s use because they plan to run it as a public inn for the 2008 season.
The Board expressed its opinions on the March 6, 2008 proposal as follows:
1. As worded it has the potential of becoming an Inn for the exclusive use of the club’s members only. This possibility would constitute a change in use of the Inn and require a new Special Permit.
The Board discussed several ways the Town might be able to monitor the Inn’s reservation and room use policies. The Board discussed a concept that would require the new owners to provide an annual accounting of the number of room nights rented to members and their guests and non-members alike. This data would be a conditional requirement for the Board of Selectmen to review and consider each year when deciding on the Inn’s annual application for an Innkeeper’s license. Perhaps a percentage of room nights rented to non-members -- such as 25 % -- would be a minimum threshold for determining whether or not the Inn’s use is changing to that of a private club.
2. The proposed relocation of the building that is less than the required setback distance from the lot line would be acceptable if its new location is also consistent with the setback distances from public ways for buildings or structures as outlined in the zoning by-law for an Inn. It must also meet the minimum setback distance from the lot lines and be approved by the Chilmark Board of Health.
3. The ZBA agreed the restaurant’s use must be consistent with the requirements of the by-law and never become a private restaurant for the exclusive use of the club’s members. Its dinner capacity must also be consistent with the Board of Health’s requirements.
After discussion the Board agreed to schedule a meeting with the Board of Selectmen on Tuesday, April 15, 2008 @ 6:30 PM to discuss the proposals. A subsequent motion was made by Mr. LoRusso to conclude the executive session @ 7:05 PM and return to the public meeting. The motion was seconded by Mr. Murphy and unanimously approved with a roll call vote of Mr. Rossi aye, Mr. Bunker aye, Mr. Murphy aye, Mr. LoRusso aye, Mr. Knight aye, Ms. Weldon aye and Ms. Armstrong aye. With no further business to discuss the executive session adjourned at 7:05 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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