Zoning Board of Appeals
Public Hearing October 15, 2009 @ 5:00 PM Town Hall
Final
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Chris Murphy, Frank LoRusso, Barbara Armstrong, Alison Burger, Nina Lombardi, Glenn Provost, Deborah Silliman-Wass, Jeffrey Wass, Margaret Maida, Peter Rodegast, Edward Marshall, Chris Alley, Laura Solano, and Stephen Merkel.
Mr. Rossi opened the meeting at 5:00 p.m.
MINUTES: The September 15, 2009 meeting minutes were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
GLENN PROVOST OF VINEYARD LAND SURVEYING FOR MARK KINGSBURY WALLACE, TRUSTEE; 8 Clam Point Cove Road; Map 33 Lot 123; Article 8 Section 8.3: Mr. Provost presented the Board with revised architectural plans that were inadvertently not included with the application which was heard at the September 15, 2009 Board of Appeals meeting. The Board reviewed the plans and agreed that the revised plans were inconsequential with regard to the formal decision made by the Board on September 15.
JEFFREY WASS AND DEBORAH SILLIMAN WASS; 138 South Road; Map 17 Lot 45; Article 6 Section 6.9: Mr. Rossi opened the public hearing at 5:10 p.m. Deborah Silliman Wass and Jeffrey Wass summarized their request for a special permit to create a 1-acre homesite lot from the land owned by the Estate of Beatrice Atkinson. The homesite lot already has a single-family dwelling that meets the minimum 50-foot setback distance from the new lot lines, a well and a septic system.
Mr. Rossi read a letter from the Chilmark Planning Board stating that the Planning Board voted to approve the Definitive Plan of Subdivision (Form C) for the Estate of Beatrice Atkinson and Jeffrey Wass and Deborah Silliman Wass on September 28, 2009. Mr. Rossi read a letter of support for the homesite lot from Florencia Ferrari and Christopher Atkinson, proprietors for the Estate of Beatrice Atkinson. A letter was also read by Mr. Rossi from the Chilmark Housing Committee indicating that the applicants are eligible purchasers as defined by the Chilmark Implementation Guidelines. The applicants described the long and emotional journey they had traveled to secure this homesite lot and wholeheartedly asked the Board for their approval.
The Board discussed the conditions of the Deed Rider with the applicants and confirmed that it had been approved by the Board of Selectmen and the Housing Committee. Mr. Rossi asked if there were any comments from the public which there were none.
With no comment from the audience a motion was made to close the hearing at 5:20 p.m. The motion was seconded and unanimously approved. A subsequent motion was made to approve the application and site plan dated 09/25/09 and Deed Rider dated 07/08/09.
The motion was seconded and unanimously approved.
PETER RODEGAST OF SOUTH MOUNTAIN CO. FOR TIMOTHY & ELISIF QUINSON; 23 Menemsha Crossroad; Map 26 Lots 133, 134; Article 8 Section 8.3 & Article 11 Section 11.6B: Mr. Rossi opened the public hearing at 5:25 p.m. Mr. Rodegast summarized the plan to demolish a pre-existing non-conforming single-family dwelling that does not meet the minimum setback distance from the lot line and build a new, conforming single-family residence. The applicant would also like to alter a pre-existing, non-conforming bunkhouse. The reconstruction of the new single-family dwelling is within 100 feet of a wetland that drains into a coastal pond. This section of the property is regulated as a shore zone under the zoning by-laws.
Mr. Rodegast explained that the new structure will be increased by 134 square feet and the roofline will not exceed 18 feet high as requested by the Site Review Committee. Mr. Murphy requested that Mr. Rodegast research salvaging the historic portion of the existing house that was originally built on Noman’s Land. The Board discussed that since the property is in the Shore Zone there is only 250 square feet of expansion space allowed and the balance left over from the proposed 134 square foot expansion would be restricted. Mr. Rossi asked if there were any comments from the public which there were none.
With no further comment from the audience a motion was made to close the hearing at 5:35 p.m. The motion was seconded and unanimously approved. A subsequent motion was made to approve the application and site plan dated 10/01/09; the main house plans dated 10/06/09 and the bunkhouse plans dated 10/03/09 with the following special condition: 134 square feet of the expansion allowance under Article 11 Section 11.6.2.i.a. has been granted by this special permit leaving a balance of 116 square feet of possible future expansion.
The motion was seconded and unanimously approved.
EDWARD MARSHALL, ASLA STEPHEN STIMSON ASSOCIATES FOR ANDREW L. SILVER, TRUSTEE OF SILVER FAMILY NOMINEE TRUST; 33 Beetlebung Road; Map 20 Lot 34; Article 4 Section 4.2A3. Mr. Rossi opened the public hearing at 5:40 p.m. Edward Marshall summarized the request to amend an existing special permit for a built-in, chlorinated swimming pool as follows: Remove the existing built-in swimming pool, wood decking, wood fence that surrounds the pool, pool equipment pad and the propane tanks that supply the pool water heater. A new built-in saline swimming pool will be built with the required four-foot high chain link fencing; an outdoor shower that is approximately 6’ X 6’ and 7 feet high; a 10’ X 6’ soundproof and fireproof pool equipment enclosure; a fieldstone retaining wall; a
10’ X 8’ spa with a dry bluestone paving for the pool patio. The work meets the minimum 50-foot setback distance from the lot lines and is outside the 100-foot wetland buffer zone.
The Board discussed the need for the proposed pool equipment enclosure to be revised so a portion of it would be buried partially in the ground. The Board also wanted the applicant to provide further information about the soundproof material being used for the pool equipment enclosure. Mr. Marshall confirmed that the new pool would be completely visible from the kitchen windows of the house. With regard to the proposed privet plantings for the pool fencing, Ms. Burger pointed out that some privet species have become invasive weeds, spreading into wilderness areas and displacing native species. The Board agreed that a non-invasive planting other than privet should be used for landscape plantings. Mr. Rossi asked if there were any comments from the public which there were none.
With no further comment from the audience a motion was made to close the hearing at 5:50 p.m. The motion was seconded and unanimously approved. A subsequent motion was made to approve the application and site plan dated 11/13/08 with the following special conditions that must be met before a building permit~may be~issued:
1. The applicant must present to the Board for approval revised plans for the pool equipment enclosure.
2. The applicant must present to the Board for approval revised plans for non-invasive plantings for the pool fencing.
The motion was seconded and unanimously approved.
CHRIS ALLEY FOR ROBIN SHANUS & STEPHEN MERKEL; 17 Howell Lane; Map 27 Lot 3; Article 4 Section 4.2A3, Article 8 Section 8.3 and Article 11 Section 11.6B2: Mr. Rossi opened the public hearing at 5:55 p.m. Mr. Alley summarized the request to construct a built-in 20’ X 50’ swimming pool with the required four-foot high fencing; the pool equipment will be in an underground vault. Under Article 8 Section 8.3 and Article 11 Section 11.6B2 the applicant would like to reconstruct a pre-existing, non-conforming garage within the 100-foot buffer zone of a wetland that drains into a coastal pond. This section of the property is regulated as a shore zone in the zoning by-laws. Mr. Alley also noted that the existing house will have to be replaced in the future which subsequently affected
siting the location for the proposed pool, driveway and replacement of existing garage. Ms. Berger questioned why the location of the garage could not be moved out of the 100-foot buffer zone of a wetland and Mr. Alley said that other locations were explored but not favorable due to the future replacement of the house.
Mr. Alley reported that a solar consultant will be used to determine the number of photovoltaic panels needed to heat the pool and when the pool is not in use the photovoltaic energy will filter to the house. Mr. Alley illustrated on the site plan that the pool will be visible from the kitchen and living room windows of the existing house and will have the same line of sight when the house is replaced. In addition, the future replacement house will be twenty feet closer to the pool. The proposed fencing around the pool is metal, four feet high and has three and seven eights of space between each baluster but no connecting rail along the top. All of the Board members were partially concerned with the proposed fence being childproof. The landscape architect, Laura Solano, explained that each
baluster is one and one eighth of an inch thick and staked in concrete making them virtually impossible to pull apart. Mr. Rossi asked if there were any comments from the public which there were none.
With no further comment from the audience a motion was made to close the hearing at 6:30 p.m. The motion was seconded and unanimously approved. A subsequent motion was made to approve the application and site plan dated 09/14/09, pool plans dated 10/09/09 and garage plans dated 10/14/09 with the following special conditions that must be met before a building permit~may be~issued:
1. The applicant must install a mock of the proposed picket fence to be tested for safety by the Board prior to installation.
2. Pool Heating: Photovoltaic panels will be installed on the roof of the house which will generate enough electricity over a twelve month period to operate all of the pool-related equipment, including air source heat pump and water filtration system. The amount of panels shall be determined by solar consultant, Everett Barber, Jr., employed by the applicant and cost to be bourn by applicant.
The motion was seconded and approved with one nay from Barbara Armstrong.
ADMINISTRATION:
The Board approved a statement from Thomas B. Bracken, Esq. Sacks v. Rossi dated September 25, 2009.
The Board approved a written request from Andrew Fischer to rent his house which has a special permit as a Youth Lot.
The Board was informed of the Martha’s Vineyard Commission Public Hearing on Thursday, November 5, 2009 regarding the Island Wind District.
The Board was informed of the Citizen Planner Training Collaborative hosting ZBA workshops on island and was given the registration forms.
With no further business the meeting adjourned at 6:45 p.m.
Respectfully submitted by Nina Lombardi.
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