FINAL
Present for the Board of Appeals and attending the meeting were: Peter Knight, Chairman, Wendy Weldon, Barbara Armstrong, Frank LoRusso, Chris Murphy, Russell Maloney, Allison Burger and Chuck Hodgkinson. Also attending were Reid Silva, David Sauter, Daniel Bradley, Steve Flanders, Stanley Startzell, Geoghan Coogan, George Sourati, Cameron Parry, Granville and Lynne White, Gary Harcourt, Clarissa Allen, Mitchell Posin, Kent Healy, Susan Heilbron, Helen Parker, Billy Meegan, Roland and Susan Kluver, Geno Mazzaferro, Chris Alley and Kris Horiuchi.
Mr. Knight opened the meeting at 5:00 PM and reviewed the agenda for tonight’s meeting.
MATTHEW BRADLEY; Article 6 Section 6.9; # 1 Oak Grove; Map 13 Lot 43.6: Mr. Knight opened the public hearing at 5:10 PM. The Board welcomed Daniel Bradley, Matthew’s father to the meeting. Mr. Bradley mentioned that Matthew was off island and he is attending in his place. Chuck H. summarized the subdivision site plan and the special conditions that were imposed by the Martha’s Vineyard Commission and Planning Board for the Middle Line Road Community Housing subdivision. He added Matthew was awarded the resident homesite lot at the Selectmen’s lottery that was held on January 19, 2010. After brief discussion and with no comment from the audience a motion was made to close the hearing at 5:15 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.
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.
FRANK LORUSSO FOR THE CHILMARK STORE, LLC; Article 8 Section 8.3; 7 State Rd.; Map 30 Lot 85: Mr. LoRusso recused himself and sat in the audience. Ms. Burger announced she is an abutter but has no opportunity for financial gain on the outcome of the hearing. Mr. Knight accepted this disclosure and appointed Ms. Burger as a voting member for this petition. Mr. Knight opened the public hearing at 5:20 PM. Mr. LoRusso reviewed the plans to alter a pre-existing, non-conforming structure by removing the existing bulkhead door entrance to the basement of the Chilmark Store. It will be replaced with a standard doorway and entrance. There will be no increase in the footprint. The new doorway entrance will be placed on the existing bulkhead door foundation. It will be
approximately ten feet above grade and have a safety light over the door. The Board asked if there are any previous special conditions on this structure that might prohibit the approval of this project. Mr. LoRusso said there are no such restrictions.
With no further comment from the audience a motion was made to close the hearing at 5:28 PM The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented and dated 2/5/10. The motion was seconded and unanimously approved.
REID SILVA FOR GARNIC ASSOCIATES, LLC (NICK BOLOGNA); Article 4 Section 4.2A3; 275 South Road; Map 24 Lot 163.4: Mr. Knight opened the public hearing at 5:30 PM. Mr. Silva asked for permission to withdraw the petition without prejudice because the applicant has not owned the principal dwelling on the property for the required minimum of two years—as specified in the bylaw. The Board concurred and stated the two-year principal dwelling ownership period for a newly constructed house on a previously vacant lot begins when the Certificate of Occupancy is issued for the dwelling. Mr. Knight added that Town Counsel has advised the Board on this opinion. The Board did mention that the proposed location for the
pool seemed to meet its safety requirements. Chuck H. added that an immediate abutter sent a letter objecting to the location. Mr. Knight said there is no need to discuss this further because of the applicant’s request. If a new application is filed at a later date, the Board can discuss the details of that proposal. A motion was then made to close the hearing at 5:37 PM. The motion was seconded and unanimously approved. A subsequent motion was made to accept the request to withdraw the application without prejudice. The motion was seconded and unanimously approved.
GEORGE SOURATI FOR STANLEY STARTZELL; Article 8 Section 8.3 and Article 6 Section 6.6; 40 Larsen Lane; Map 27.1 Lot 33: Mr. Knight opened the public hearing at 5:40 PM. Mr. Sourati summarized the plans to alter and expand a pre-existing, non-conforming single-family residence that does not comply with the minimum required setback distance from the lot line. The new dwelling will reduce the non-conformity of the old dwelling as it will be sited completely on the owner’s property. The new dwelling will be approximately six feet wider and four feet longer than the current structure and will also not meet the minimum required setback distance from the lot lines. The closest portion of the new dwelling will be approximately five feet
from the eastern lot line and ten feet from the south lot line. The total area of house and outdoor decking that will be less than ten feet from the lot lines will be reduced from the current 135 sq. ft. to 76 sq. ft. The roof ridge will be approximately 24 feet above mean natural grade.
The Board asked if the Board of Health and Conservation Commission have approved the plan. Mr. Sourati confirmed the required approvals and permits have been obtained. He added that Doug Cooper and Rusty Walton have confirmed the site has sandy soil. The Board asked and Chuck H. confirmed that letters of consent have been received from all six abutters whose property lines are within 100 feet of the proposed structure.
With no additional comment from the audience a motion was made to close the hearing at 5:57 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plans as presented and dated 12/17/09. The motion was seconded and passed with four votes in favor and one abstention (Mr. Murphy).
CAMERON PARRY; Article 6 Section 6.9; # 4 Oak Grove; Map 13 Lot 43.7: Mr. Knight opened the public hearing at 6:00 PM. The Board congratulated Mr. Parry on his selection for a resident homesite lot in the Middle Line Road Community Housing Community. Chuck H. summarized the subdivision site plan and the special conditions that were imposed by the Martha’s Vineyard Commission and Planning Board. With no further comment a motion was made to close the hearing at 6:07 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.
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.
GRANVILLE AND LYNNE WHITE; Article 4 Section 4.2A4; 89 Middle Road; Map 7 Lot 61: Mr. Murphy had to leave the meeting and Mr. Knight appointed Alternate Russell Maloney to be the fifth voting member for this petition. Mr. Knight proceeded to open the public hearing at 6:10 PM. Mr. White summarized his plan to construct a five kilowatt (KW) wind turbine at a location that is approximately 115 feet from the common northeast lot line with Assessors parcel Map 7 Lot 52 that is owned by the Martha’s Vineyard Land Bank. It is also approximately 525 feet from the northwest lot line and approximately 975 feet from the southeast lot line. The top of the wind turbine blade is approximately 115.5 feet above grade. The Board complimented Mr. White on his cooperation and compliance with
the bylaw requirement to install a pole that demonstrates the height and location of the wind turbine. Ms. White read a statement in response to an abutter’s concern about wind turbines sprouting up all over Chilmark. It pointed out their property is 63-acres and the location is an excellent wind site.
Mr. Harcourt presented manufacturer data regarding the turbine’s noise at various distances and wind speeds. The Board pointed out that Article 5 Section 5.9 specifies the noise level cannot exceed 10 decibels above the ambient noise level at the property line the closest of which is 116 feet away. The manufacturer data supplied does not have a sound measurement for that distance. Mr. Harcourt added that this design is very similar to the approved turbines that have been installed on the Bramhall and Green properties.
Mr. Knight read the Site Review Committee report for the record. The Board members read the letters from four abutters – three were opposed and one in favor of the proposal. Several letters received from non-abutters who are Chilmark residents were also read for the record. The Board then opened the discussion to the audience.
Direct abutters Roland and Susan Kluver both spoke in favor of the proposal. Ms. Allen mentioned she is a member of the Chilmark Land Bank Advisory Committee. The Land Bank is the closest abutter to the wind turbine and has no position either for or against the proposal.
Ms. Heilbron asked if noise studies have been conducted to measure the sound of this turbine on the site. Mr. Harcourt asked the Board to read a letter from Gary Maynard, an abutter to Emily Bramhall’s wind turbine who commented on the specific amount of audible noise. Ms. Heilbron asked if this letter is specific to this site and application. Mr. Harcourt confirmed it was not.
Ms. Parker distributed pictures of various structures that are visible on Chilmark horizons that are becoming land marks such as the Yoga Barn wind turbine and the Edgartown water tower. Ms. Parker then distributed copies of the Town bylaws that regulate wind turbines—Article 1; Article 4 Sections 4.2; 4.2A4; Article 5 Section 5.9 and summarized by asking the Board to think about the Community and the visual impact the turbine will have on public vistas. The DCPC’s in the Town’s zoning bylaws are intended to protect the character of the Town and are the result of 40 years of Town voting. She concluded that the property rights of one do not trump the property rights of many others.
Abutter Susan Kluver commented that the bylaws are not being violated and that windmills have been a part of Chilmark’s landscape for 200 years. Clarissa and Mitchell asked what rural character traits are being preserved with the Town’s three-acre zoning and the proliferation of houses that have been built around the White’s 63-acre parcel of property.
After several similar points were expressed Mr. Knight asked if there are any new comments that anyone would like to add to the discussion. With no new points for discussion a motion was made to close the hearing at 7:55 PM. The motion was seconded and with no discussion voted unanimously in favor. Mr. Knight then opened the discussion to the Board.
Mr. Maloney asked when Mr. White plans to build his new home and if the 5 KW wind turbine will produce enough power to satisfy its power needs. Mr. White said this wind turbine will produce about the same amount of power used by his current house in West Tisbury. He added the house is heated by wood. The new home will have a six-bedroom septic system and no air conditioning. Mr. Maloney inquired further about roadway access to the site should the turbine catch on fire before the house is built. Mr. White added a gravel roadway will be installed to the house site and the turbine would be installed when the house is built – which would start within two years of receiving the special permit.
Ms. Weldon sited Section 4.2A4(d) of the bylaw and asked to read the abutter letters of objection again to understand the nature of the objections. Ms. Armstrong asked about blade flicker and how that possibility can be addressed if needed. Mr. Posin said wind turbine timers can be installed to brake the blade during certain times of the day when flicker problems might be apparent.
The Board summarized that it must review the application in the context of its compliance with the specific applicable zoning bylaws. There are three abutters who are opposed. The Board pointed out several options for the applicant. It can take a non-binding, straw vote to assess the proposal’s compliance. The Board would entertain a request to withdraw the application before a formal vote is taken. This would avoid the two-year waiting period for a new application without significant changes and provide time to meet with the aggrieved abutters. After discussion Mr. White requested permission to withdraw the application without prejudice. A subsequent motion was made to grant the request. The motion was seconded and with no further discussion voted unanimously in favor.
FOLLOW UP DISCUSSION KRIS HOIUCHI FOR CHILMARK HOUSE LLC (DAVIES); 12 Stone Ridge; Map 25 Lot 135; Built-in pool special permit: The Board thanked Ms. Horiuchi for her patience with the evening’s long agenda. Ms. Horiuchi summarized the answers to the Board’s follow up questions about the pool’s water heating system as follows: 1. The retractable pool cover will be open 8 hours a day and closed 16 hours each day of the season. 2. The hot tub plumbing diagram indicates it has a completely separate, stand alone plumbing system that is in no way connected to the pool. Mr. LoRusso mentioned it is difficult to make sure the four-foot high hedge that is intended to reduce wind evaporation and pool water heat loss will remain in place. He
asked if it would be possible to extend the four-foot high glass fence to the south side of the pool to permanently block the wind. Ms. Horiuchi commented her client is concerned about preserving the view. The Board suggested either extending the glass fence to the south side or eliminating the wind block altogether and increasing the number of solar panels that would be needed to power the heat pump for longer periods of time. A third option would be to eliminate the pool water heating system altogether. After brief discussion Ms. Horiuchi agreed to check with her client and let the Board know of their final decision and plan.
ADMINISTRATION: The meeting minutes for February 18, March 1 and March 3 were reviewed. A motion was made to approve all three sets of minutes as presented. The motion was seconded and unanimously approved.
May 2010 Meeting: The Board discussed and agreed to start the May 2010 meeting at 4:30 PM instead of 5:00 PM.
With no further business to conduct the meeting adjourned at 9:20 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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