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Zoning Board of Appeals Minutes 12/15/10
FINAL
Present for the Board of Appeals and attending the meeting were:  Peter Knight, Chair, Wendy Weldon, Frank LoRusso, Chris Murphy, Barbara Armstrong, Russell Maloney and Chuck Hodgkinson.  Also attending were Glenn Provost, Elizabeth Toomey, Warren Doty, Elise Elliston, Mitchell Posin, Clarissa Allen, Nathaniel Allen-Posin, Lenny Jason Jr., Andy Goldman, Andy Palmer, Eric Glasgow, Connie and Max McCreery, Phil Regan and Matt Kramer.  Allison Burger and Allen Healy were absent.

The meeting came to order at 5:00 PM.  

FOLLOW UP DISCUSSION GLENN PROVOST FOR GRIN ACRES FAMILY LP; Article 4 Section 4.2A3; 15 Nickerson Farm Lane; Map 21 Lots 10, 13, 14:  Mr. Provost reviewed a landscape screening plan for the built-in swimming pool as conditioned in the Special Permit issued on November 17, 2010.  After discussion a motion was made to accept the plan as presented provided the existing shrubs remain in place and the tree planting plan is also approved by the Conservation Commission.  The motion was seconded and unanimously approved.

RICHARD STEVES; Article 4 Section 4.2A1; 21 Sheep Hill Rd.; Map 17 Lot 8.5:  Mr. Knight opened the public hearing at 5:10 PM.  Chuck H. explained Mr. Steves could not attend because he has a medical appointment.  His daughter Elizabeth Toomey is present.  Chuck H. continued and summarized the plan to create a guesthouse by adding a kitchen to the existing 774 sq. ft. detached bedroom that is in the second floor of a garage.  The Board discussed yesterday’s site visit.  With no comments from the audience a motion was made to close the hearing at 5:13 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan for the second floor layout dated 12/15/10 as presented.  The motion was seconded and unanimously approved with five in favor.

ELISE ELLISTON FOR TOWN OF CHILMARK; Article 6 Section 6.6; 520 South Road;     Map 30 Lot 93:  Mr. Knight opened the public hearing at 5:15 PM.  Ms. Elliston summarized the plan to add a covered porch to the existing arts and craft shack that is on Town-owned land at the Community Center.  The addition does not meet the minimum 35-foot setback distance from the lot line.  Mr. Knight read the Site Review Committee report for the record.  Chuck H. explained the Town owns the property within 100-feet of the structure and the Board of Selectmen has provided a letter of consent for the changes.  Mr. Doty added the proposed addition does not impede upon the parking area.  The Board thanked Mr. Doty and with further comments from the audience a motion was made to close the hearing at 5:21 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the application with the site plan and floor plan dated 11/11/10 and the elevations dated 10/30/10 as presented.  The motion was seconded and unanimously approved with five in favor.

PHIL REGAN FOR MITCHELL KAPOR; Article 8 Section 8.3; 308 South Road; Map 24      Lot 204:  Mr. Knight opened the public hearing at 5:22 PM.  Mr. Regan summarized the plan to alter a pre-existing, non-conforming structure by adding 150 sq. ft of space to the existing study on the southwest corner of the house.  The extension will go over the current footprint of the deck.  The roof ridge height will be the same as the existing gable roof.  There will be no door on the addition and the existing hot tub will be removed.  The additions to the deck will be supported by sono-tubes and a basement foundation will be put under the addition.  The basement space will also be “finished” to create a guest suite.  An existing bedroom will be de-commissioned and converted into a laundry room.

Abutter Connie McCreery asked for clarification on the lower “ground-level” window and the basement.  Mr. Regan said they will be adding an 8’ X 16’ section of basement to the existing basement foundation.  Abutter Max McCreery expressed his concerns with erosion runoff during construction and the well that is on the Land Bank property next door.

Mr. Knight read a letter from the Land Bank Commission (the immediate abutter to the west) requesting the Board to prohibit construction access through the Land Bank property.              Mr. Knight also read the Site Review Committee report for the record.  After discussion the Board agreed the correct bylaw is considered for this work and the project meets the requirements of Article 8 Section 8.3 a. and b.

After discussion among the Board and with no additional comments from the audience a motion was made to close the hearing at 5:47 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the application with the site plan dated 8/7/07 and floor plans and elevations dated 11/15/10 with the following conditions:  1. The Board of Health shall approve the new floor plans before obtaining a building permit.  2.  A silt fence with hay bales shall be installed south of the excavated area before construction begins to contain erosion runoff.  3.  The contractors or subcontractors shall have no access to the site through the abutting Land Bank property – Map 24 Lot 205.  The motion was seconded and unanimously approved with five in favor.
 
MICHAEL BARCLAY FOR PATRICK LYONS; Article 4 Section 4.2A1; 57 Wequobsque Rd.; Map 30 Lot 116.2:  Mr. Knight opened the continued public hearing at 5:53 PM.  Chuck H. read an email from Mr. Barclay requesting the application be withdrawn.  They will submit a new application for the guesthouse after the road curb cut onto State Road is resolved with the Massachusetts Highway Department.  A motion was made to close the hearing at 5:55 PM.  The motion was seconded and unanimously approved by Members Knight, Weldon, Maloney, Murphy and LoRusso.  A subsequent motion was made to accept the request.  The motion was seconded and unanimously approved with five in favor—Members Knight, Weldon, Maloney, Murphy and LoRusso.

ADMINISTRATION:  The meeting minutes for November 17, 2010 were reviewed.  A motion was made to approve the minutes as presented.  The motion was seconded and approved by consensus.  The FY 2012 ZBA budget was reviewed and approved by consensus.

There will be a special public hearing for the two wind turbine appeals on Wednesday,      January 19, 2011 @ 5:00 PM.  It will take place at the Chilmark Community Church on Menemsha Crossroad.  The regular ZBA meetings on January 26, 2011 @ 5:00 PM and   February 23, 2011 @ 5:00 PM will also take place at the Community Church.

With no further business to conduct the meeting adjourned at 6:57 PM.  Respectfully submitted by Chuck Hodgkinson, CAS.