Skip Navigation
Click to return to website
This table is used for column layout.
Zoning Board of Appeals Minutes 09/22/10
FINAL
Present for the Board of Appeals and attending the meeting were:  Peter Knight, Chair, Wendy Weldon, Frank LoRusso, Chris Murphy, Allison Burger, Russell Maloney and Chuck Hodgkinson.  Also attending were Lev Wlodyka, Jen Jamgochian, Michael Barclay, Geno Mazzaferro, Leslie Prosterman, Judy Flanders and Kris Horiuchi.  Barbara Armstrong and Allen Healy were absent.

The meeting came to order at 5:00 PM.  

DISCUSSION GENO MAZZAFERRO FOR LESLIE PROSTERMAN; Article 11            Section 11.6A2(i)a; 19 Eliot Ave.; Map 33 Lot 154:  Chuck H. summarized the Board approved a special permit in November 2008 for an addition to Ms. Prosterman’s house in an area that is regulated as a shore zone.  Mr. Mazzaferro would like to discuss some minor changes to the plan.  The revisions will make the addition smaller and lower than in the original approved plans.  After brief discussion a motion was made to declare the changes as inconsequential and not require the hearing to be reopened.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the revised plans as presented and dated 9/22/10.  The motion was seconded and unanimously approved.

DISCUSSION KRIS HORIUCHI FOR CHILMARK HOUSE LLC (DAVIES); Article 4   Section 4.2A3; 12 Stone Ridge; Map 25 Lot 135:  Ms. Horiuchi summarized the proposed changes to the approved and installed pool.  The deck will be lowered; the temporary fencing will be replaced with four-foot high glass wall; the approved glass fencing plan will be revised to accommodate the lower deck, steps and expanded terrace; the lock on the self-locking gate will be placed on the pool-side of the gate; the electric meter has already been relocated away from the stone wall fence.  The Board discussed its observations from the September 21 site visit and the exterior face of the stone wall barrier around the south side of the pool.  

A motion was made to declare the suggested changes as inconsequential and not require the hearing to be reopened.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the revised plans dated 9/22/10 for the expanded terrace; revised glass wall plan; the self-locking gate will be relocated on the pool side of the gate; the eastern-most sliding glass door will be changed to a window; a lower deck and steps; the temporary fencing will be replaced with the glass wall; the applicant will bring the exterior face up of the stone wall barrier up to the Board’s specifications such that it will not allow a child to climb the wall.  The motion was seconded.  In discussion the applicant proposed grinding a section of stone wall to a more flush condition for the Board’s approval.  If accepted, the remaining parts of the stone wall face will be ground in the same fashion.  The Board agreed and Ms. Horiuchi will let Chuck H. know when the wall section is ready for inspection.  The motion was seconded and unanimously approved.  
  
MICHAEL BARCLAY FOR PATRICK LYONS; Article 4 Section 4.2A1; 57 Wequobsque Rd.; Map 30 Lot 116.2:  Mr. Knight reminded the applicant that the eligible voters are he, Ms. Weldon and Messrs. Murphy, LoRusso and Maloney.  The continued hearing for a guesthouse special permit was opened at 5:32 PM.  Mr. Barclay summarized the progress made on the new road entrance plans.  A draft agreement has been shared with the neighbors to widen the Wequobsque Road entrance to State Road and close the Lagemann Lane entrance from State Road.  He added Massachusetts Department of Transportation (DOT) approval is required for a new, wider cut into State Road and this approval may take awhile to obtain.  The Board read a letter from neighbor Todd Christy dated 9/22/10 for the record.  Chuck H. also read Article 1 of the Zoning Bylaws which outlines the overall purpose of the Town’s zoning bylaws.          Section 1.0 D. states one purpose of the bylaws is to prevent traffic congestion and promote traffic safety.  

After further discussion Mr. Barclay asked for a continuance to October 27 @ 5:40 PM to allow time to obtain DOT approval of the new road plan.  A motion was made to accept the request.  The motion was seconded and unanimously approved with five in favor.

LEV WLODYKA AND JEN JAMGOCHIAN; Article 6 Section 6.9; Map 13 Lot 43.3;                # 4 Beech Grove:   Mr. Knight pointed out to Ms. Jamgochian that the five eligible voting members for her continued hearing are present tonight—LoRusso, Weldon, Burger, Maloney and Murphy.  Ms. Jamgochian thanked the Board and requested a continuance to the October 27th meeting @ 5:05 pm to provide more time to conclude the youth lot negotiations.  A subsequent motion was made to accept the request.  The motion was seconded and voted unanimously with five in favor.

TOM CARBERRY FOR ALLAN ARFFA AND KAY MATSCHULLAT; Article 8 Section 8.3; 34 Flanders Lane; Map 26 Lot 28:  Mr. Knight appointed Ms. Burger as a voting member for this hearing.  The hearing opened at 6:08 PM.  Mr. Carberry summarized history of the lot’s development and the plans to expand a pre-existing, non-conforming structure on a 2.4-acre non-conforming lot.  Two bedrooms will be added to the main house in a location that meets the minimum 35-foot setback distance from the lot lines.  The roof ridge height will not exceed 24 feet above mean natural grade.

After reviewing the floor plans the Board asked if the bedroom count conforms to the Board of Health’s definition and the existing septic plan.  Mr. Carberry mentioned the Board of Health may require some upgrades.

Neighbor Judy Flanders asked how the minimum setback distances from lot lines work for a non-conforming lot.  The Board explained this lot has a minimum setback distance of 35 feet and the proposed addition is more than 50 feet from any of the lot lines.  The addition conforms to the requirements and does not increase the structure’s non-conformity.  Ms. Flanders thanked the Board for clarifying this.

After brief discussion a motion was made to close the hearing at 6:40 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan as presented and dated 8/25/10 and the floors plans dated 8/27/10 with the following condition that must be met before a building permit may be obtained:  1. All Board of Health approvals that are needed for this project are secured including a review of the total bedroom count for the property as shown on the floor plans.



ADMINISTRATION:  The meeting minutes for August 25th were reviewed.  A motion was made to approve the minutes as presented.  The motion was seconded and approved by consensus.

The draft pool bylaw amendment for Article 4 Section 4.2A3 was reviewed.  After discussion and a few adjustments the Board agreed to have Chuck H. forward it to the Planning Board for its consideration with the goal of having the final amendments available for voter consideration at the April 2011 Annual Town Meeting.  

With no further business to conduct the meeting adjourned at 6:50 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.