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Zoning Board of Appeals Minutes 02/18/2010
FINAL
Present for the Board of Appeals and attending the meeting were:  Peter Knight, Chairman,  Wendy Weldon, Barbara Armstrong, Frank LoRusso, Allison Burger, Russell Maloney and Chuck Hodgkinson.  Also present:  Chris Alley, Jeff Day and Chip and Michele Leonardi. Chris Murphy was absent.

Mr. Knight opened the meeting at 5:00 PM and appointed Alternate Allison Burger as a voting member for the evening’s agenda.  The Board welcomed Russell Maloney as an alternate member and explained new members usually sing their college’s fight song at their first meeting.  Mr. Maloney politely declined.

CHRIS ALLEY FOLLOW UP DISCUSSION – CHILMARK HOUSE LLC (DAVIES) POOL:  Mr. Alley presented the revised analysis performed by independent consultant Everett Barber.  He explained the number of solar panels required to generate enough power to operate all of the pool equipment for twelve months has increased to ten panels – from six.  He added a retractable cover will be installed on the pool and the estimated water temperature is 80 degrees Fahrenheit.  The Board discussed and wondered why this system only requires ten panels and a previously approved, nearly identical system needed 22 panels (Steiner pool).  The Board added the retractable cover conserves a great deal of heat and asked the following about Mr. Barber’s calculations:  How long is the pool cover closed versus open?  Mr. Alley said he will have to check with Mr. Barber on the assumptions made for his calculations.  The Board agreed.

JEFF AND EMILY DAY; Article 6 Section 6.9; # 1 Holly Grove; Map 13 Lot 43.4:  Mr. Knight opened the public hearing at 5:20 PM.  The Board congratulated Mr. Day on his being selected for the resident homesite lot in the Middle Line Road Community Housing Program.  Chuck H. summarized the subdivision site plan and the special conditions that were imposed by the Martha’s Vineyard Commission and Planning Board.  After brief discussion and with no comment from the audience a motion was made to close the hearing at 5:36 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 obtained or construction begins as noted:  
1.      The Town will clear the road and driveway off of Molly’s Lane to your lot line and install snow fencing to define the road and driveway limits before construction begins.
2.      All construction vehicles and materials must be confined to the lot.
3.      The Town will survey and stake the limits of disturbance for the house, septic system, lawn or garden and the construction vehicles and materials staging areas on the lot in accordance with the approved site plan.  If you need to stage anything outside this staked area you will need Town approval in advance.
4.      There will be no tree removal outside the staked limits of disturbance.  The removal of any dead trees outside the limit of disturbance must be approved by the Tree Warden before being removed.
5.      The house design must meet the Middle Line Road Resident Homesite Design Guidelines and be approved by the Site Review Committee.
6.      The Board of Health must approve the house layout for conformity with the approved septic and water well plans.
7.      The house siting and landscaping must meet all the minimum setback requirements and guidelines as outlined by the Martha’s Vineyard Commission (MVC) Decision for DRI – 597M dated 4/11/08 and filed with the Dukes County Registry of Deeds on 4/11/08 Book 1148 Page 180 (75-foot setback from the east lot line of Map 13 Lot 43.2).
8.      The final site plan and house site will also meet the other minimum setback distance of 50 feet from all other lot lines not specified in the MVC Decision for DRI – 597 M and be approved by the Building Inspector.
9.      The 99-Year ground lease with the Town of Chilmark must be signed and executed before any clearing or construction begins.
10.     No work may begin until the Town brings Molly’s Lane and the driveways up to construction grade finish.
11.     The Special Permit, conditions and a copy of the final Building Inspector-approved site plan must be filed with the Dukes County Registry of Deeds before obtaining a building permit.

After construction is finished.

1.      The Town will plant additional screening on the abutting property along the east lot line as outlined in the MVC Decision for DRI – 597M; condition 5.4 dated 4/11/08.

The motion was seconded and unanimously approved.

MICHELE AND CHIP LEONARDI; Article 6 Section 6.9; # 4 Holly Grove; Map 13 Lot 43.5:  Mr. Knight opened the public hearing at 5:40 PM.  The Board also congratulated the Leonardi’s on being selected for their Middle Line Road resident homesite lot.  Chuck H. summarized the subdivision site plan and the special conditions that were imposed by the Martha’s Vineyard Commission and Planning Board.  After brief discussion and with no comment from the audience a motion was made to close the hearing at 5:45 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 obtained or construction begins as noted:

1.      The Town will clear the road and driveway off of Molly’s Lane to your lot line and install snow fencing to define the road and driveway limits before construction begins.
2.      All construction vehicles and materials must be confined to the lot.
3.      The Town will survey and stake the limits of disturbance for the house, septic system, lawn or garden and the construction vehicles and materials staging areas on the lot in accordance with the approved site plan.  If you need to stage anything outside this staked area you will need Town approval in advance.
4.      There will be no tree removal outside the staked limits of disturbance.  The removal of any dead trees outside the limit of disturbance must be approved by the Tree Warden before being removed.
5.      The house design must meet the Middle Line Road Resident Homesite Design Guidelines and be approved by the Site Review Committee.
6.      The Board of Health must approve the house layout for conformity with the approved septic and water well plans.
7.      The house siting and landscaping must meet all the minimum setback requirements and guidelines as outlined by the Martha’s Vineyard Commission (MVC) Decision for DRI – 597M dated 4/11/08 and filed with the Dukes County Registry of Deeds on 4/11/08 Book 1148 Page 180.
8.      The final site plan and house site will also meet the other minimum setback distance of 50 feet from all other lot lines not specified in the MVC Decision for DRI – 597 M and be approved by the Building Inspector.
9.      The 99-Year ground lease with the Town of Chilmark must be signed and executed before any clearing or construction begins.
10.     No work may begin until the Town brings Molly’s Lane and the driveways up to construction grade finish.
11.     The Special Permit, conditions and a copy of the final Building Inspector-approved site plan must be filed with the Dukes County Registry of Deeds before obtaining a building permit.

After construction is finished.

12.     The Town will plant additional screening on the abutting property along the east lot line as outlined in the MVC Decision for DRI – 597M; condition 5.4 dated 4/11/08.
 
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 March 18, 2010 to allow time to schedule a site visit of the ZBA and Site Review Committee on March 10 to evaluate the wind turbine’s proposed location and height.  A motion was made to accept the request.  The motion was seconded and unanimously approved.

MINUTES & ADMINISTRATION:  The January 21, 2010 meeting minutes were reviewed.  A motion to approve the minutes as presented was made, seconded and unanimously approved.  Chuck H. reminded the board it has two special public meetings on March 1 and                  March 3 @ 5:00 PM.

With no further business to discuss the meeting adjourned at 6:35 PM.

Respectfully submitted by Chuck Hodgkinson, CAS.