Skip Navigation
Click to return to website
This table is used for column layout.
Zoning Board of Appeals Minutes 10/27/10
FINAL
Present for the Board of Appeals and attending the meeting were:  Peter Knight, Chair, Wendy Weldon, Frank LoRusso, Chris Murphy, Allison Burger, Barbara Armstrong and Chuck Hodgkinson.  Also attending were Pinto Abrams, Lev Wlodyka, Jen Jamgochian, Jennifer Slossberg, David Sauter, George Sourati, Joseph Dick, David Damroth, Gordon Litwin and Anne Luzzatto.  Russell Maloney and Allen Healy were absent.

The meeting came to order at 5:00 PM.  

DISCUSSION CHILMARK HOUSE LLC (DAVIES); Article 4 Section 4.2A3; 12 Stone Ridge; Map 25 Lot 135:  The Board discussed the test section of the stone wall surrounding the pool that had the joints filled with mortar.  It unanimously agreed that the mortar-filled stone joints met the safety specification of inhibiting a child’s ability to climb the wall to gain access to the pool.  A subsequent motion was made to approve the test and have the remainder of the stone wall repaired in the same fashion.  The motion was seconded and unanimously approved.  Chuck H. will communicate this to Ms. Horiuchi.  The Board also wants a letter sent to the Building Inspector outlining its requirements for a stone wall pool enclosure.

DISCUSSION PINTO ABRAMS YOUTH LOT; Map 18 Lot 23; 32 Wintergreen Way:       Chuck H. summarized that Pinto Abrams received a youth lot in 2001.~ He has a deed restriction where Item # 5 “Rights of Mortgagees” has a clause requiring the mortgage holder give the Town a minimum of 120 days advance notice before initiating foreclosure procedures.~ Pinto is refinancing his mortgage and can get an additional 0.25 percentage points off his interest rate if this 120 day requirement is lowered to 90 days.  Mr. Abrams added that this will require approval of the ZBA and the Board of Selectmen and presented the revised deed restriction.  Chuck H. added that if approved the amendment must be signed and notarized by the ZBA Chairman, Mr. Knight.  After brief discussion a motion was made to approve the request.  The motion was seconded and unanimously approved.

LEV WLODYKA AND JEN JAMGOCHIAN; Article 6 Section 6.9; # 4 Beech Grove; Map 13 Lot 43.3;:   Mr. Knight pointed out to Ms. Jamgochian and Mr. Wlodyka that only four of the five eligible voting members for their continued hearing are present tonight—members LoRusso, Weldon, Burger, and Murphy.  This means an approval requires a unanimous vote by all four voting members.  Ms. Jamgochian thanked the Board and said they have decided to abort their efforts to buy a youth lot and continue with the Middle Line Road homesite lot application.  

Mr. Knight opened the continued public hearing at 5:10 PM.  Mr. Murphy pointed out that if approved; this special permit would nullify and void the special permit issued to Mr. Wlodyka in August 2009 for a youth lot.  

Chuck H. summarized the homesite lot special conditions for Map 13 Lot 43.3 imposed by the Martha’s Vineyard Commission (MVC) and the Planning Board.  After brief discussion a motion was made to close the hearing at 5:15 PM.  The motion was seconded and approved with four in favor.  A subsequent motion was made to approve the homesite lot special permit with the following conditions:


MIDDLE LINE ROAD COMMUNITY HOUSING PROGRAM
RESIDENT HOMESITE LOT
Chilmark Assessors Map 13 Lot 43.3

ZBA Special Conditions – Must be met before obtaining a Building Permit or before any construction begins.

1.  This Special Permit replaces and nullifies the Youth Lot Special Permit under Article 6 Section 6.4 issued for Map 13 Lot 7; 265 North Road to Lev Wlodyka on                   August 18, 2009.
  • The Town will clear the road and driveway off of Molly’s Lane to your lot line and install temporary fencing to define the road and driveway limits before construction begins.
  • All construction vehicles and materials must be confined to the lot.
  • 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.
  • 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.
  • The house design must meet the Middle Line Road Resident Homesite Design Guidelines and be approved by the Site Review Committee.
  • The Board of Health must approve the house layout for conformity with the approved septic and water well plans.
  • The house location, landscaping and no-cut buffer zones 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.
  • The final site plan and house site will also meet the minimum setback distance of 50 feet from all lot lines and be approved by the Building Inspector.
  • The 99-Year ground lease with the Town of Chilmark must be signed and executed before any clearing or construction begins.
  • No work may begin until the Town brings Molly’s Lane and the driveways up to construction grade finish.
  • 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.
The motion was seconded and with no discussion unanimously approved with four votes in favor.

JENNIFER SLOSSBERG; Article 6 Section 6.9; # 1 Beech Grove; Map 13 Lot 43.1:              Mr. Knight opened the public hearing at 5:18 PM.  Chuck H. summarized the special conditions imposed by the MVC and Planning Board for Map 13 Lot 43.1.  Ms. Slossberg thanked the Board for its help and said she is considering a modular home.  With no further discussion a motion was made to close the hearing at 5:20 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the special permit with the following conditions:

MIDDLE LINE ROAD COMMUNITY HOUSING PROGRAM
RESIDENT HOMESITE LOT
Chilmark Assessors Map 13 Lot 43.1

ZBA Special Conditions – Must be met before obtaining a Building Permit or before any construction begins.

  • The Town will clear the road and driveway off of Molly’s Lane to your lot line and install temporary fencing to define the road and driveway limits before construction begins.
  • All construction vehicles and materials must be confined to the lot.
  • 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.
  • 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.
  • The house design must meet the Middle Line Road Resident Homesite Design Guidelines and be approved by the Site Review Committee.
  • The Board of Health must approve the house layout for conformity with the approved septic and water well plans.
  • The house location, landscaping and no-cut buffer zones 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.
  • The final site plan and house site will also meet the minimum setback distance of 50 feet from all lot lines and be approved by the Building Inspector.
  • The 99-Year ground lease with the Town of Chilmark must be signed and executed before any clearing or construction begins.
  • No work may begin until the Town brings Molly’s Lane and the driveways up to construction grade finish.
  • 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.
The motion was seconded and with no discussion unanimously approved with four votes in favor.

DAVID SAUTER FOR EUGENE KALKIN; Article 8 Section 8.3; 285 South Road; Map 24   Lot 162:  Mr. Knight opened the public hearing at 5:21 PM.  Mr. Sauter summarized the plans to  alter the use of a pre-existing, non-conforming structure by converting a 445 square foot shed into a detached bedroom with a half bath.  A ground-level deck will be added to the south side of the structure.  The garbage bin as shown on the north side will be eliminated.  Chuck H. added the special permit granted for this project on September 11, 2007 has expired.  The owner must receive a new special permit for the work before obtaining a building permit.  Mr. Knight read the Site Review Committee report for the record.  The Board discussed the Site Review Committee’s recommendations and thought they made a great deal of sense given the building’s close proximity to the lot line.  With no 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 plans as presented and dated 10/27/10 excluding the garbage shed on the north side and with the following conditions as recommended by the Site Review Committee:  1. The Board of Health must approve the septic plan for all structures and the bedroom count for the entire parcel before obtaining a building permit.  2.  This structure will never be converted into a guesthouse.  If a guesthouse permit is requested at a future date for this parcel, its location must meet the minimum 50-foot setback distance from the lot lines and this detached bedroom structure with bath must be returned to a non-habitable use because of its close proximity to the lot line.

The motion was seconded and with no discussion unanimously approved with five in favor.

JOESEPH DICK FOR DOUGLAS AND ELLEN LIMAN; Article 8 Section 8.3; 32 Blacksmith Valley Rd.; Map 35 Lot 38:  Mr. Knight opened the public hearing at 5:32 PM.  Mr. Dick summarized the plan to remove and replace a pre-existing, non-conforming 237 sq. ft. kitchen ell on a 300-year old house.  The ell is approximately 7’ 2” from the lot line with a height of 13 feet above grade.  The new kitchen ell will be approximately 277 sq. ft., 22 inches wider than the current ell and 13’ 6” above mean natural grade.  A basement foundation will be placed under the new kitchen.  The new ell will be historically accurate and match the existing house’s detail.  An existing fence will be widened by 22 inches.  Both the existing fence and the widened section will be 3.8 feet from the lot line.

Mr. Knight read reports approving the project from the Site Review Committee, Historical Commission and the Squibnocket Pond District Advisory Committee for the record.  He also read an abutter letter from Joel A. Kozol, Trustee for the record.  

Abutter Mr. Damroth asked the applicant to confirm that the new widened fence and building will be no closer to the north lot line than the current historic structure.  Mr. Dick confirmed this as accurate.  Mr. Damroth also expressed his concerns with the building lighting at night, the containment of construction debris and protection of the intermittent stream on the property.  Mr. Dick confirmed the project is more than 200 feet from the stream and therefore is not within the Conservation Commission’s jurisdiction.

After discussion of all the concerns raised in writing and by Mr. Damroth a motion was made to close the hearing at 5:55 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented and dated 10/27/10 with the following conditions:  1. All construction debris shall be removed from the site or stored in an on-site, covered dumpster on a daily basis.  2.  All exterior lighting on all structures shall be updated to comply with the Town’s outdoor lighting bylaw.  3.  If the stone wall along the north lot line must be temporarily moved during construction it will be put back into its existing condition.  The motion was seconded and with no discussion approved unanimously with five in favor.

MICHAEL BARCLAY FOR PATRICK LYONS; Article 4 Section 4.2A1; 57 Wequobsque Rd.; Map 30 Lot 116.2:  Chuck H. read an email from Mr. Barclay requesting a continuance to November 17, 2010 @ 5:10 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 four in favor—Members Knight, Weldon, Murphy and LoRusso.

GORDON LITWIN; Article 8 Section 8.3; 49 Wequobsque Rd.; Map 30 Lot 114:  Mr. Knight opened the public hearing at 6:02 PM.  Mr. Litwin summarized his plan to alter a pre-existing, non-conforming structure as follows:  1. replace an existing 2-story deck that is 33 feet from the west property line with a screened porch that is 35.5 feet from the property line.  2.  Replace the existing deck and stairway that leads to the current 2-story deck with a new deck and stairway.  3.  Remodel and expand the kitchen.  Mr. Knight read the Site Review Committee report for the record.  The Board discussed the renovation details and setback distances from the lot lines.  With no further comment from the audience a motion was made to close the hearing at 6:11 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan dated 9/17/10 and the floor plan and elevations as presented and dated 9/25/10.  The motion was seconded.  The Board discussed how the proposed improvements will not be more detrimental to the character of the neighborhood than the existing structures.  The motion passed unanimously with five votes in favor.

ADMINISTRATION:  The meeting minutes for September 22, 2010 were reviewed.  A motion was made to approve the minutes as presented.  The motion was seconded and approved by consensus.

The November meeting will be held on November 17 instead of November 24 because of the Thanksgiving Day holiday.  

The December meeting will be held on December 15 instead of December 22 because of the Christmas holiday.

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

Respectfully submitted by Chuck Hodgkinson, CAS.