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Zoning Board of Appeals Minutes 03/10/09
FINAL
Present for the Board of Appeals and attending the meeting were:  Bill Rossi, Chair, Wendy Weldon, Chris Murphy, Peter Knight, Barbara Armstrong and Chuck Hodgkinson.  Also present:  Angie Francis, Bob and Sarah Nixon, David Zeilinger, Janet Weidner and Dardy Slavin.  Frank LoRusso and Allison Burger were absent.

Mr. Rossi opened the meeting at 7:11 PM.  Alternate member Barbara Armstrong was appointed as a voting member for tonight’s agenda.

TOWN OF CHILMARK BEACH COMMITTEE; Map 29 Lot 9; Article 6 Section 6.6 and Article 8 Section 8.3:  Mr. Rossi opened the hearing at 7:12 PM.  Chuck H. summarized the plan to replace the existing storage shed in the Lucy Vincent Beach parking lot with a new shed.  The new shed will be approximately 16’ 3” X 8’ 3” which is slightly larger than the current shed.  The roof ridge height will be approximately of 13 feet above grade.  As with the current shed it will have electric and phone service.  The shed will be placed in the same location of the existing shed which is less than the minimum setback distance from the parking lot lines.  The footprint will not be any closer to the abutting lot lines than the current shed.  The Site Review Committee report and letters of consent from all affected abutters within 100 feet of the structure were read for the record.  Chuck H. informed the Board that the Conservation Commission has approved the plan.  With no comment from the audience a motion was made to close the hearing at 7:20 PM.  The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented.  The motion was seconded and unanimously approved.

DARDY SLAVIN; Article 6 Section 6.9; 14 High Meadow; Map 7 Lot 21.2:  Mr. Rossi opened the hearing at 7:26 PM.  Dardy Slavin summarized their petition to create a buildable homesite lot at 14 High Meadow.  This lot is approximately 2.1-acres and was awarded to the applicants as a result of the lottery that was held on January 6, 2009.  The Chilmark Planning Board released the lot on January 12, 2009.  Mr. Rossi reviewed the file and informed the Board that the Housing Committee has confirmed the Salvins are eligible purchasers for the lot.  After a review of the by-law specifications and no comment from the audience a motion was made to close the hearing at 7:35 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the Special Permit with the following conditions that must be met before a building permit may be issued:  1. The Board of Health shall approve the final well and septic system designs.  2.  The final site plan will be approved by the Building Inspector/Zoning Enforcement Officer.  The structure will meet the minimum 50-foot setback requirements from all lot lines as outlined in the by-law and honor any no-cut buffer zones that may exist in the approved subdivision plan.  A copy of the approved site plan shall be given to the ZBA for its files.  3.  The applicants will provide proof to the ZBA that the deed rider approved by the Housing Committee and Board of Selectmen has been filed with the property deed at the Registry of Deeds.  4.  This Special Permit will also be filed with the property deed at the Registry of Deeds.  The motion was seconded and with no further discussion unanimously approved.
 

HUTKER ARCHITECTS FOR SWORDFISH ENTERPRISES, BEACH PLUM INN; Map 21 Lot 70.4; Article 8 Section 8.3:  Mr. Rossi opened the continued hearing at     7:40 PM.  Mr. Nixon explained how he met with all of the affected abutters and has revised the plans to remodel the garage as follows to satisfy their concerns and comments:  1. The first floor laundry will be relocated to another structure at the Menemsha Inn property.  2.  The garage will be renovated as follows:  The first floor will have a kitchen and open common area for Inn guests and staff to use.  The second floor apartment will be removed and remodeled to include one full bathroom and one bedroom for rental to two guests.  The second floor suite will have a raised 8’ X 16’ deck facing the Beach Plum Inn facility and an external stairway and second egress as required by code.  A patio will be placed under the raised deck.  Shed roof dormers will be added.  Several evergreens will be moved to the southwest corner of the property for extra screening as shown on the site plan dated 3/6/09.  One guest room will also be eliminated from the “Forsythia/Hydrangea” cottage on the property.  The net overnight capacity for the Inn caused by the proposed changes will remain at 11 rooms for 22 overnight guests.  To accommodate these changes Mr. Nixon is also asking the Board to rescind the conditions placed on the Special Permit for the garage issued on March 16, 2001 to Baywolf, LLC, Craig Arnold dba The Beach Plum Inn.

Abutter Janet Weidner said the neighbors appreciate Mr. Nixon’s efforts to meet with them and hear their comments.  She added that she and her husband are not opposed to the revised plans as presented.  She also shared comments from neighbors Ethel Whitman and Mildred Mayhew.  They have also seen the revised plans and have no objections.

The Board thanked Ms. Weidner and Mr. Nixon.  After brief discussion a motion was made to close the hearing at 7:50 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to remove the conditions placed on the existing Special Permit dated March 16, 2001.  The motion was seconded and unanimously approved.  A second motion was made to approve the plan as presented and dated March 6, 2009 provided there is no increase in the Inn’s overnight guest room and guest capacity.  The motion was seconded and unanimously approved.    

MINUTES & ADMINISTRATION:  The February 10, 2009 meeting minutes were reviewed.  A motion to approve the minutes as presented was made, seconded and unanimously approved.
With no further business to discuss the meeting adjourned at 8:05 PM.

Respectfully submitted by Chuck Hodgkinson, CAS.