FINAL
Present for the Board of Appeals and attending the meeting were: Wendy Weldon, Chairman, Allison Burger, Vice Chairman, Chris Murphy, Russell Maloney, Frank LoRusso, Todd Christy and Chuck Hodgkinson. Also attending were Reid Silva, Chris Alley, Louis and Elizabeth Larsen, Lynne Fifield, Matt Stedman, Dave Hobaica, Norm Vunk, Katy Plasse and Nelia Decker. Allen Healy was absent.
The meeting came to order at 5:00 PM.
MATTHEW STEDMAN FOR HOWARD, ELIZABETH AND PETER HARRISON; Article 8 Section 8.3; 8 Mayhew Lane; Map 27.1 Lot 196: Ms. Weldon opened the public hearing at 5:05 PM. Mr. Stedman reviewed the plan to alter a pre-existing, non-conforming structure by expanding the 4’ X 6’ front deck and landing to 4’ X 6.5’. The addition is 11’ 4” from the east lot line by Mayhew Lane. With no comment from the public a motion was made to close the hearing at 5:10 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the revised site plan as presented and dated 8/27/13. The motion was seconded and with no discussion passed unanimously with five in favor.
CHRIS ALLEY FOR DAVID & LISA GRAIN; Article 6 Section 6.11B2; 3 Georgiana’s Way; Map 17 Lot 23.3: Chuck H. explained Town Counsel advised that abutters within 1,000 feet of the applicant’s lot lines should be notified in writing under this bylaw and section. The applicant has agreed to postpone the hearing to November 20 @ 5:15 PM. A motion was made to postpone the hearing as suggested and approved. The motion was seconded and passed unanimously with five in favor.
LOUIS & ELIZABETH LARSEN; Article 4 Section 4.2A3; 13 Wampum Way; Map 11 Lot 74: Ms. Weldon opened the public hearing at 5:25 PM. Mr. Larsen outlined his plan to construct a 36’ X 18’ built-in swimming pool with an auxiliary hot air heat pump pool water heating system and the required four-foot high safety fencing. The fencing will be wrought iron with self-locking gates and be free-standing and separate from the house. The pool equipment will be located in a sound-insulated shed. The Board read Section 4.2A3h of the bylaw pertaining to energy use. It explained that while the bylaw is vague the Board has been trying to have auxiliary pools be “energy neutral” through the use of alternative energy solutions or applications such as having photo-voltaic panels
installed to offset the power used by the pool equipment or, perhaps purchasing the equivalent of the needed power from NStar’s alternative green energy program. Mr. Larsen agreed and asked for a continuance to November 20 to provide time for him to research this more thoroughly. A motion was made and seconded to accept the applicant’s request and continue the hearing to November 20th @ 5:10 PM. With no discussion the motion passed unanimously with five in favor.
CHRIS ALLEY FOR KATY PLASSE & SAM DECKER; Article 6 Sections 6.4, 6.5; 33 Eben’s Way; Map 13 Lot 23: Ms. Weldon opened the public hearing at 5:30 PM. Mr. Alley explained his clients are seeking a Special Permit to allow construction of a single-family dwelling on a 0.55-acre Youth Lot. The Youth Lot will be created on the parcel owned by the applicant’s step father, Louis M. Cossutta. He added the Planning Board has approved a Form-A subdivision and the Board of Health has also approved a well and septic plan for a two-bedroom house. The house will meet the minimum 50-foot setback distance from the lot lines. He reviewed a site plan dated 8/24/13 showing the lot lines for the subdivision. A letter from the Land Bank which has a public walking trail on
the Tea Lane Farm nearby was read for the record. The Board discussed that the Board of Selectmen must also approve the final deed rider for the Youth Lot. With no comment from the public a motion was made to close the hearing at 5:44 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented and dated 8/24/13 with the following condition: The applicant will make every attempt to maintain a vegetated buffer between their home and the Land Bank trail at Tea Lane Farm. The motion was seconded and with no further comment passed unanimously with five in favor. The Board welcomed Ms. Plasse and her husband Sam Decker to Chilmark.
CHRIS ALLEY FOR WILLIAM N. HAIT; Article 4 Section 4.2A3; 13 Deerpath Lane; Map 7 Lot 83: Ms. Weldon opened the public hearing at 5:45 PM. Mr. Alley reviewed a revised site plan dated 10/2/13 to construct a 20’ X 50’ built-in swimming pool with pool house and an electric air source heat pump water heating system with the required four-foot high safety fencing. The pool equipment will be located in an 8’ X 10’ detached, sound-insulated shed. Mr. Alley said the owner plans to have a second electric meter for the pool equipment and purchase the annual amount of power used from NStar’s alternative green energy program.
The Board discussed the observations made at yesterday’s site visit and how to solve some of the issues. With no comment from the public a motion was made to close the hearing at 6:00 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the revised site plan dated 10/2/13 with the following special conditions: 1. The Fire Chief shall approve the location of the standpipe before obtaining a Building Permit. 2. The pool fence will meet the state pool enclosure building code and have alarms installed on the windows facing the pool, the garage door and the bulkhead door. 3. The hedges below the windows facing the pool shall be pruned and maintained to a height of the window sill or lower. 4. A second, dedicated
electric meter shall be installed to record the amount of power (KWH) used by all pool equipment including the water filter, hot air heat pump and circulator. 5. The owner shall create a separate account with NStar’s renewable, green energy program and purchase the amount of KWH of electricity used by the pool on an annual basis from the NStar renewable energy grid. 6. Every November the owner shall provide documented proof to the ZBA that the renewable energy needs as described have been purchased. 7. If the ZBA determines the owner has not complied with these conditions the ZBA shall determine appropriate actions to satisfy the renewable energy needs and source of power. 8. If at a future date the owner wishes to revise this arrangement, a petition for a new Special Permit for the proposed new pool water heating system must be filed for due processing. The motion was seconded and with no further discussion passed unanimously
with five in favor.
CHRIS ALLEY FOR GARY JONES & STACEY SNIDER; Article 6 Sections 6.6 & 6.11; 26 Abel’s Neck Rd.; Map 31 Lot 2: As with the previous petition under Section 6.11 Chuck H. explained Town Counsel advised that abutters within 1,000 feet of the applicant’s lot lines should be notified in writing under this bylaw and section. Mr. Alley agreed to postpone the hearing to November 20 @ 5:05 PM. A subsequent motion was made to postpone the hearing as suggested and approved. The motion was seconded and passed unanimously with five in favor.
REID SILVA FOR TONY SHALHOUB & BROOKE ADAMS; Article 4 Section 4.2A1; 205 South Rd.; Map 18 Lots 107, 108.2: Ms. Weldon opened the public hearing at 6:04 PM. Mr. Silva reviewed the plan to convert an existing detached bedroom into a 766 sq. ft. guesthouse. He added the total living space with the proposed guesthouse on the 5.98-acre parcel would be 3,842 sq. ft. and less than the minimum area and trigger for the residential development bylaw – Article 6 Section 6.11. Ms. Weldon read the Site Review Committee report for the record. After brief discussion and with no comment from the public a motion was made to close the hearing at 6:10 PM. The motion was seconded and unanimously
approved. A subsequent motion was made to approve the revised site plan dated 10/2/13 with the following special condition: The Board of Health shall approve the guesthouse before obtaining a Building Permit. The motion was seconded and with no further discussion passed unanimously with five in favor.
ADMINISTRATION: The September 25, 2013 meeting minutes were reviewed and approved as presented by consensus.
The November meeting will take place on Wednesday, November 20 @ 5:00 PM – instead of November 27 – because of the Thanksgiving holiday. The December meeting will take place on December 18 @ 5:00 PM.
With no further business to conduct the meeting adjourned at 6:15 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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