FINAL
Present for the Board of Appeals and attending the meeting were: Wendy Weldon, Chairman, Allison Burger, Vice Chairman, Chris Murphy, Frank LoRusso, Allen Healy, Russell Maloney and Chuck Hodgkinson. Also attending were Lenny Jason, Patricia Sacks, George Brush, Mark Lanza, Susan Scheuer, Max McCreery, Kathy Coe, Bruce MacNelly, Emily Gadd, Greg Ehrman, Chris Alley, Richard Kauffman, Ellen Jewett, Kris Horiuchi, Phil Regan, Charles Hollinger and Daniel Perry. Todd Christy was absent.
The meeting came to order at 5:02 PM.
CHRIS ALLEY FOR RICHARD KAUFFMAN; Article 8 Section 8.3; 20 Chappaquoit Rd.; Map 24 Lot 211: Ms. Weldon reviewed the voting members for this hearing as herself, Ms. Burger and Messrs. Murphy, LoRusso, Maloney before opening the hearing at 5:05 PM. Mr. Alley reviewed the site plan of the current structures and introduced Mr. Kauffman to describe his family’s plan to re-develop the property. Mr. Kauffman said his family has been here for 25 years and he supports the Town’s new residential development bylaw. He has met with all the neighbors and made his architect available to them to discuss any concerns. His desire is to keep the camp feeling of the property, install solar panels on the roof and
upgrade the septic to a de-nitrified system to reduce impact on the pond. He commissioned the Woods Hole Group to analyze the shoreline accretion. The largest threat is the barrier beach migration to the north that is averaging 3 feet/year.
Mr. Alley reviewed the plans dated July 24, 2013 and said the pre-existing, non-conforming structure that is currently about five feet from the east lot line will be re-built in a location that is about 10.6 feet from the lot line. All other new buildings will comply with all zoning specifications.
Ms. Weldon read the Site Review Committee report for the record and then opened the hearing to public comment. Kathy Coe asked about the amount of glass facing the pond. The Board read the purpose of the outdoor lighting bylaw -- Article 5 Section 5.5 -- which calls for diminishing light spillage from indoor sources. Architect Greg Ehrman said they have not yet designed the window detail for the structures. Mr. Regan added these are one-story structures that will have low internal light sources.
Abutter to the east Max McCreery said he reviewed the plans in detail and is very impressed
with the Kauffman’s concerns for the neighbors and the environment. It’s important to have people like them in Chilmark. This project makes sense and the proximity to our property is not an issue.
With no further comment from the public a motion was made to close the hearing at 5:20 PM. The motion was seconded and unanimously approved. The Board discussed the merits of the septic plan and asked how much of the construction will take place in July and August. The contractor Dan Perry said the goal is to finish the project by next July with substantial completion by May—leaving interior finish work after then.
A motion was made to approve the plans as presented and dated 7/24/13 with the following condition as offered by the applicant. The majority of construction shall be finished by July 1, 2014 and no heavy equipment will be used during July and August. The motion was seconded and with no further discussed passed unanimously with five in favor.
BRUCE MACNELLY FOR SARAH GLAZER KHEDOURI; Article 8 Section 8.3; 14 Yardarm Lane; Map 24 Lot 227: Ms. Weldon confirmed the voters for this continued hearing as herself, Ms. Burger and Messrs. Murphy, Maloney and Healy. The continued hearing was then opened at 5:27 PM. Mr. MacNelly summarized the comments from last month’s hearing and outlined the changes as shown on the revised plans dated 7/24/13 he and his clients have made to accommodate the neighbor’s concerns. The screened porch with roof deck was relocated to the west side of the house. The closest portion of the porch is 11 feet from the west lot line—as is the current structure. The main body of the house is approximately 14 feet from the west lot line. A grade-level terrace was added to the plan
and the A/C condensers are on the north side of the house and meet the minimum setback distance from the lot lines.
Abutter Kathy Coe thanked Mr. MacNelly for his consideration and the changes and asked about additional screening. Mr. MacNelly said it would be best to determine how much and where any additional screening might be needed after the house is framed. Ms. Coe’s son mentioned the grape vine on the east side may grow enough to screen the building without adding new vegetation.
The Site Review Committee report dated July 24, 2013 was read for the record. Mr. MacNelly added the current septic is relatively new and is a raised system which will need to be reconnected to the new building. He said he would be happy to talk with his clients about an alternative system.
With no further comment from the public a motion was made to close the hearing at 5:40 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the revised plans as presented and dated 7/24/13. The motion was seconded and with no discussion passed unanimously with five in favor.
GEORGE BRUSH, ESQ. FOR SUSAN SCHEUER; Article 9 Section 9.9; 11, 15 Chappaquoit Rd.; Map 24 Lots 209, 216: Ms. Weldon confirmed the voters for this continued hearing as herself, Ms. Burger and Messrs. Murphy, Maloney and Healy. The continued hearing was then opened at 5:42 PM. Mr. Brush summarized his opinion from last month’s hearing about why he thinks the chiller vault is a structure that does not meet the minimum 50-foot setback distance from Ms. Scheuer’s lot line. He closed by stating the problem is noise and he will entertain any compromise to solve this issue.
M. Lanza referred to a copy of Town Counsel’s answers to the Board’s questions dated 7/24/13 that was given to him by Mr. Jason. A copy was subsequently given to Mr. Brush. Mr. Lanza said he agrees with the conclusions. As for the noise complaint he added the Sacks’ will solve the problem and said they object to using this appeal asking for setback relief as a way to solve the noise issue. Mr. Jason added Mr. Sacks has always done what he said he would do. These things take time and the efforts may not be fast enough in this case.
Ms. Scheuer thanked the Board for its time and hoped this could have been resolved among neighbors—four years ago. Mr. Lanza said the chillers will be replaced with quieter models in the near future and this is a private matter and not a subject of this hearing. He finally said they will be installed before the next cooling season.
With no further public comment a motion was made to close the hearing at 5:50 PM. The motion was seconded and unanimously approved. A subsequent motion was made to uphold the Building Inspector’s decision because the chiller is not a structure as defined by the Zoning Bylaws (as they existed in 2006) and is therefore not subject to the minimum setback requirements when installed. The motion was seconded and with no discussion passed unanimously with five in favor.
ADMINISTRATION: The May 22, 2013 meeting minutes were reviewed and unanimously approved as presented. The June 26, 2013 meeting minutes were also reviewed and unanimously approved as amended.
The next meeting will be held on Wednesday, August 28, 2013 @ 5:00 PM with site visits on August 27th @ 3:30 PM.
With no further business to conduct the meeting adjourned at 6:20 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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