FINAL
Present for the Board of Appeals and attending the meeting were: Allison Burger, Frank LoRusso, Chris Murphy, Wendy Weldon, Allen Healy and Chuck Hodgkinson. Also attending were Reid Silva, Jim Feiner, Chris Alley, Charlie Pachico, Andy Goldman, Denise and Scott Page, Heather Quinn, Kim Cottrell and Linda Coutinho. Russell Maloney and Barbara Armstrong were absent.
The meeting came to order at 5:00 PM. Mr. Healy was appointed a voting member for the day’s agenda. The site visits for this meeting took place on October 25.
DISCUSSION CHRIS ALLEY FOR JESSE BENTON TRUST (GUERIN) POOL SPECIAL PERMIT ISSUED ON 11/17/10; 19C Old Woods Rd.; Map 30 Lot 73: Mr. Alley reviewed the approved pool plan and conditions for the special permit. He explained the owners want to change the location of the pool from the west side of the house to the north side of the house. He asked the Board if the proposed change is considered inconsequential. If not, he would re-apply for a new special permit. After much discussion a motion was made to recommend a new special permit application that must be advertised and have formal abutter notification. The motion was seconded. In discussion it was reiterated that the change is significant and should have a new hearing for the plan. The motion passed unanimously with
five in favor.
REID SILVA FOR MADOFF 1991 REALTY TRUST; Article 6 Section 6.6; 16 Nickerson Farm Lane; Map 21 Lot 9.3: Mr. LoRusso opened the public hearing at 5:16 PM. Mr. Silva summarized the plan to construct a one-story addition to the existing single-family residence. A portion of the addition is 23.3 feet from the north lot line and does not meet the minimum 25-foot setback distance from the lot line. He explained two bedrooms will be enlarged and there will be no change in the total bedroom count. Mr. LoRusso read the Site Review Committee report for the record. Chuck H. read two letters of consent from abutters whose property line is within 100 feet of the addition. He added that a third letter has not yet been received.
The Trustee for the third abutting parcel that is within 100 feet of the addition is the same Trustee of the applicant owner – 1991 Madoff Realty Trust. The third parcel however is owned by a different Trust – 1987 Madoff Realty Trust. After brief discussion the Board agreed the third letter of consent is required.
With no comment from the public a motion was made to close the hearing at 5:26 PM. The motion was seconded and unanimously approved with five in favor. A subsequent motion was made to approve the site plan as presented and dated 8/22/11 with the following special condition: 1. The Special Permit will not be released until a letter of approval comes from the Trustee of the 1987 Madoff Realty Trust. This Trustee is also the Trustee of the 1991 Madoff Realty Trust. The motion was seconded and with no further discussion approved unanimously with five in favor.
JIM FEINER; Variance of Article 6 Section 6.9 under Chilmark’s Zoning By-Laws Article 9 Sections 9.3-9.8; 7 Ridge Hill Road; Map 11 Lot 47.3: Mr. LoRusso opened the public hearing at 5:27 PM. Mr. Feiner read a statement for the record that explained the purpose of the Variance is to subdivide a 3.98-acre parcel of land to create a 0.98-acre affordable homesite housing lot with an existing dwelling and garage that comply with local Zoning and Board of Health setback requirements. The 0.98-acre homesite lot is less than the minimum 1.0-acre required in the bylaw. A separate 3.0-acre vacant, buildable lot will also be created. The applicant believes the variance is consistent with the intent of Zoning Bylaw Article 6 Section 6.9.
He further explained the parcel “lost” 4,000 sq. ft. of area for needed well easements to help other neighbors get potable water to their lots—located to the north. Mr. Feiner added the proposed homesite lot is only 821 sq. ft. short of the land area needed to meet the stated one-acre minimum in the bylaw. The Assessor’s records show the parcel as a 4.0-acre lot—as originally intended in the subdivision. More sophisticated surveying technology indicates it is actually 3.98-acres.
Mr. LoRusso read a letter from the Board of Health for the record. He also read a letter of support from one of the abutters – Mimi Davisson.
West Tisbury abutter Denise Page explained how she opposed the proposal as it will diminish the quality of her life. She is also concerned that another well in the neighborhood could create issues for the abutters. She added that Mr. Pachico believes the possible Nabs Corner affordable housing subdivision to the west lowered the value of his property. She continued by stating she believes an approved Variance and eventual subdivision as proposed will do the same to her property.
Chilmark Housing Committee member Andy Goldman commented that the ZBA is only being asked to consider the Variance—not whether or not the property can be subdivided. That process comes later. He closed by expressing his support of the Variance and project.
Mr. Feiner pointed out the current property owner can currently apply for a special permit to build a guesthouse on his property. The Board asked if the homesite lot would remain in the Town’s affordable housing pool. Mr. Goldman confirmed it would and there would be deed restrictions that control the refinancing or resale price of the property and structures.
Heather Quinn said she and her family are the potential purchasers for the proposed affordable homesite lot and structures. She added that she and her husband both work in Chilmark and their children attend the Chilmark School.
Kim Cottrell, abutter to the north asked if the ZBA can condition an approval in a way that restricts the development of the 3-acre parcel to only one single-family residence – with no guesthouse. She added this would help control the development density of the neighborhood.
The Board asked Chuck H. if Town Counsel has provided an opinion on the application. Chuck H. commented that he spoke with counsel on the phone. It was counsel’s opinion that the bylaw is clear and the voters have outlined their desires that a homesite lot shall not be less than one acre. He added that counsel hypothesized if a Variance were granted and appealed, the Town would have a weak defense of the Variance approval because of the bylaw language.
The Board discussed the criteria needed to grant a Variance. With no further comment from the public a motion was made to close the hearing at 6:02 PM. The motion was seconded and unanimously approved with five in favor. A subsequent motion was made to grant the Variance as outlined with the following special conditions if the subdivision is approved by the Planning Board and Board of Health: 1. No guesthouse will be permitted on the 3-acre lot. 2. Every attempt will be made to site the single-family dwelling on the 3.0-acre parcel in a location that will have the least impact to the West Tisbury abutter - Map 34 Lot 2. 3. The 0.98-acre homesite lot will become a part of the Town’s “pool” of total affordable homesite housing lots that have re-sale deed
restrictions. The motion was seconded. In discussion Mr. Murphy expressed his opinion that the bylaw clearly defines the homesite lot size. The motion came to a vote and passed with four in favor and one opposed (Mr. Murphy).
ADMINISTRATION: The September 28, 2011 meeting minutes were reviewed and approved as presented by consensus.
The Board agreed to hold next month’s meeting on Tuesday, November 15 @ 5:00 PM due to the Thanksgiving Holiday. The site visits will take place on Monday, November 14 @ 3:00 PM. The December meeting will take place on December 14th @ 5:00 PM with the site visits on December 13th @ 3:00 PM.
With no further business to conduct the meeting adjourned at 6:30 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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