FINAL
Present for the Board of Appeals and attending the meeting were: Peter Knight, Wendy Weldon, Barbara Armstrong, Frank LoRusso, Chris Murphy and Chuck Hodgkinson. Also present: Chris Alley, Michael Barclay, Reid Silva, Hugh Weisman, Susan Puciul, Susan Parker and Kris Horiuchi. Allison Burger and Bill Rossi were absent.
The meeting opened at 5:00 PM and Peter Knight was appointed acting Chair. Alternate, Barbara Armstrong was also appointed as a voting member for the evening’s agenda.
SUSAN PUCUIL FOR MARK HURWITZ FOR PETER BOUYOUCOS; Map 26 Lot 84: Ms. Puciul explained that she is here representing Mark and shared his letter explaining why the Building Inspector recommended having this discussion with the Board. A ground-level deck was added onto a barn that has a special permit issued in 1979 allowing its conversion into a guesthouse. The Board determined the ground level deck has permanent footings and is therefore considered a structure and will require an after-the-fact special permit application.
REID SILVA FOR PATRICK LYONS; Article 4 Section 4.2A3; Map 30 Lot 116.2; 57 Wequobsque Road: Mr. Knight opened the public hearing at 5:10 PM. Mr. Silva summarized the site plan to install an 18’ X 40’ built-in swimming pool, spa, four-foot high fence, pool equipment that will be housed in a shed with a sound-insulated roof. The shed will also be partially below ground. Mr. Silva explained the current rate of cliff erosion that has averaged six feet per year from 1948-2009 and pointed out the 50-foot section that recently fell down the cliff face. He further explained how the house is on steel girders and designed for easy relocation away from the cliff’s edge. The pool’s proposed location is in the vicinity of the planned relocated house site. Lastly, Mr. Silva explained a separate special permit application will be filed for a pool water heating system once the pool location is approved. A propane water heater is planned for the spa. The Board encouraged
the applicant to have the spa water heater designed into the pool water heating system. Mr. Silva agreed. Mr. Barclay added that he will remove several trees to open the line of sight from the house to the pool.
Mr. Silva explained the planned bunk house near the pool will be reviewed with the Board of Health. There is a nine bedroom septic system on the property. There are currently four bedrooms in the main house and one in the garage.
The Board discussed the unique circumstances with this application and eventually agreed to its location. With no further comment from the audience a motion was made to close the hearing at 5:35 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the unheated pool, equipment shed and fence as presented with the following conditions that must be met before a building permit is issued: 1. The standard pool specifications shall apply to this application. 2. The Fire Chief shall approve the stand pipe location. 3. A plan for removing the pool when the edge of the cliff erodes to a point that places the pool in a high risk location. This plan shall be given to the Zoning Board of Appeals and Building Inspector. The motion
was seconded and approved with four votes in favor and one abstention (Ms. Armstrong).
HUGH WEISMAN; Article 4 Section 4.2A1; Map 32 Lot 57; 31 Stonewall Road: Mr. Knight opened the public hearing at 5:40 PM. Mr. Weisman explained he was informed of Town Counsel’s opinion that the subdivision conditions restricting construction to a single-family residence, garage and well house (with no guesthouse) are perpetual and do not expire in 30 years as originally thought. Chuck H. distributed the opinion. After brief discussion Mr. Weisman requested permission to withdraw the application without prejudice. A motion was made to accept the request. The motion was seconded and unanimously approved.
CHRIS ALLEY FOR CHILMARK HOUSE LLC (DAVIES); Article 4 Section 4.2A3; Map 25 Lot 135; 12 Stone Ridge: Mr. Knight opened the public hearing at 5:45 PM. Mr. Alley summarized the plan to install an infinity built-in swimming pool. The equipment will be in an underground vault and the fencing will be a four-foot high glass fence to allow clear sight from the house. The pool heating system will be similar to previous plans that have been approved by the Board with the Board-sanctioned consultant’s (Everett Barber) evaluation. He added the Conservation Commission has approved the plan.
There was much discussion on the external “pool trough” and its depth. There was significant concern that it was outside the four-foot high pool fencing and presented a potential safety risk.
Mr. Alley made a subsequent request to continue the hearing to January 21, 2010 @ 5:10 PM to revise the design of the trough and receive the final data from Everett Barber. A motion was made to accept the request. The motion was seconded and unanimously approved.
GRANVILLE AND LYNNE WHITE; Article 4 Section 4.2A4; Map 7 Lot 61; 89 Middle Road: Chuck H. read an email requesting a continuance to January 21, 2010 to allow time to schedule a site visit of the ZBA and Site Review Committee to evaluate the wind turbine’s proposed location and height. The previous site visit was canceled due to high winds. A motion was made to accept the request. The motion was seconded and unanimously approved.
GEORGE SOURATI FOR STANLEY STARTZELL; Article 8 Section 8.3; Map 27.1 Lot 33; 40 Larsen Lane: Chuck H. read a letter requesting permission to withdraw the application without prejudice to revise the plans. A motion was made to accept the request. The motion was seconded and unanimously approved.
GEORGE SOURATI FOR TIMOTHY & MARY ANNA EATON; Article 4 Section 4.2A4; Map 18 Lot 14.4; 29 Tilton Farm Road: Chuck H. read an email requesting a continuance to January 21, 2010 to allow time to schedule a site visit of the ZBA and Site Review Committee to evaluate the wind turbine’s proposed location and height. The previous site visit was canceled due to high winds. A motion was made to accept the request. The motion was seconded and unanimously approved.
WIND TURBINE SITE VISITS: The Board discussed the challenges in evaluating wind turbine petitions as they relate to height, sound and impact on an abutting neighbor’s ability to enjoy their property. After much discussion the Board agreed to require all wind turbine site visits to meet the following criteria.
The objective is to physically inspect the highest point of the blade from the owner’s property and the property of abutters.
1. No computer generated images will be accepted.
2. A temporary pole will be erected that demonstrates the wind turbine’s height in a safe manner.~ This should be installed under the supervision of the Building Inspector.
3. Data is included with the application substantiating the noise generated by the turbine as measured in decibels.~ Manufacturer-supplied data will most likely be provided. The data should be provided for varying wind speeds.~ The noise level should also be compared to the noise level of other standard machinery to help put the amount of noise into context—such as window-mounted air conditioners, refrigerators, etc.
MINUTES & ADMINISTRATION: The October 15, 2009 meeting minutes were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
FY 2011 Budget: Chuck H. distributed the proposed FY 2011 budget. A motion was made to approve the budget as presented. The motion was seconded and unanimously approved.
MVC DCPC Wind District-Ocean Zone: Chuck H. distributed the MVC DCPC definition for air space over all ocean waters in Dukes County >220 feet above sea level.
MVC DCPC Island Wind District-Land Zone: Chuck H. distributed copies of the MVC DCPC definition for air space over island land >150 feet above natural grade.
Chilmark Planning Board Proposed Amendment to Article 4 Section 4.2A4: Chuck H. distributed copies of the proposed amendment to the Town’s wind turbine bylaw. He added that the ZBA’s comments are requested before the January 4, 2010 public hearing @ 4:30 PM.
FOLLOW UP OTOBER 15, 2009 POOL SPECIAL PERMIT; SILVER Map 20 Lot 34: Chuck H. shared the applicant’s follow up responses as requested for the pool’s landscaping and fence; the details of the sound insulated equipment shed and the details for the proposed solar water heating system. After discussion the Board accepted and approved the materials as submitted and signed the applicant’s letter.
FOLLOW UP OCTOBER 15, 2009 WALLACE GUESTHOUSE; Map 33 Lot 123: Chuck H. shared the applicant’s request to move the guesthouse location 10 feet farther from South Road. It still meets the minimum required setback distances from the lot lines. After discussion the Board accepted the change as inconsequential and subsequently signed the revised site plan.
FOLLOW UP WEICHERT GUESTHOUSE; Map 4 Lot 13: Chuck H. shared the applicant’s request to slightly alter the bump-out as shown on the plans. The floor area does not change and the structure meets all of the minimum setback distances from the lot lines. After discussion the Board agreed the change is inconsequential and signed the revised plan.
With no further business to discuss the meeting adjourned at 8:30 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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