FINAL
Present for the Board of Appeals and attending the meeting were: Allison Burger, Chairman, Russell Maloney, Vice Chairman, Chris Murphy, Wendy Weldon, Allen Healy and Chuck Hodgkinson. Also attending were Billy Meegan, Reid Silva, Tom Carberry, Max McCreery, Lenny Jason, Belmont Freeman, Jennie Greene and Mark Hurwitz. Frank LoRusso and Todd Christy were absent.
Ms. Burger opened the meeting at 4:00 PM and appointed Alternate Allen Healy as a voting member for the afternoon’s agenda.
DISCUSSION LENNY JASON – POOL ENCLOSURES: The Board thanked Mr. Jason for taking the time to meet and asked for clarification on whether or not a built-in swimming pool or a built-in swimming pool and its four-foot high pool enclosure must meet the minimum 50-foot setback distance from the lot lines. Mr. Jason said all pools and their pool enclosures or fences must meet the 50-foot setback distance because the fence qualifies as a structure under the Bylaw definitions of a Structure (Article 2 Section 2.10) and Maximum Height (Article 2 Section 2.7). He explained there is virtually no ground in Chilmark that is perfectly level. The undulations affect the calculation of height above mean natural grade. The Board thanked Mr. Jason.
BILLY MEEGAN FOR POINT INNER TRUST, LLC; Article 8 Section 8.3; 20 Point Inner Way; Map 33 Lot 101: Ms. Burger opened the public hearing at 4:12 PM. Mr. Meegan reviewed the plan to add a 168 sq. ft. addition to a pre-existing structure. The footprint will not change and the addition will raise the roof ridge to a height of approximately 17 feet above grade. The property is a free-standing, non-conforming lot with a dwelling. The Site Review Committee report and conditions were read for the record. With no comment from the public a motion was made to close the hearing at 4:20 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the application and plans as presented and dated 10/7/14 with the following special conditions: 1. All construction debris shall be stored in a covered dumpster located outside the wetland buffer zone or removed from the site daily. 2. Silt fencing shall be installed between the work area and the
wetland and approved by the Conservation Agent before work begins. The motion was seconded and with no discussion passed unanimously with five in favor.
REID SILVA FOR SHEPHERD’S PATH NOMINEE TRUST; Article 4 Section 4.2A3; Map 24 Lot 1: Ms. Burger opened the public hearing at 4:21 PM. Mr. Silva summarized the revised plan dated 11/18/14 to construct a 60’ X 20’ built in swimming pool; a sound-insulated shed for the pool equipment; the required four-foot high pool enclosure and use an air source heat pump to heat the pool water. He pointed out the pool location is on cleared land and was relocated to have the pool fence located outside the Coastal District. The existing shed will be converted into the sound-insulated equipment enclosure. Mr. Silva discussed the sight lines from the main house and said he would be willing to add closed circuit TV cameras as needed for pool safety.
The Board commented a portion of the fence is hidden in shrubs and said the placement must not allow a child to use the vegetation to climb over the fence. The Site Review Committee report was read for the record along with two letters from neighbors—Joan Safford representing a group of South Abel’s Hill residents who are opposed to the pool and Geraldine Roglieri who supports the project. Mr. Silva added the pool elevation is 25 feet above sea level—higher than the 10-foot flood plain. Mr. McCreery read a statement for the record as well.
The Board explained it must rule on the Bylaws approved by 2/3 of Town voters. The Bylaw does not prohibit pools in any zoning district. The Board suggested meeting with the Planning Board to discuss possible ways of amending the Bylaw. Mr. McCreery agreed and thanked the Board. With no further public comment a motion was made to close the hearing at 5:00 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the revised plan dated 11/18/14 with the following special conditions: 1. The electric forced hot air heat pump water heating system is approved. The equipment shall be located in the sound-insulated shed with adequate venting as needed. The pool equipment shed shall also be sound-proofed. 2. No woody
vegetation that may be climbed shall be placed within 4 feet of the pool enclosure. The applicant shall return with a landscape plan for approval the ZBA Chairman before obtaining a Building Permit. 3. An automatic, year-round pool cover shall be installed. 4. The applicant shall return to the ZBA if photo-voltaic panels are used to offset the energy use of the pool water heater. If photo-voltaic panels are not used a 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. 5. Every November the owner shall provide documented proof to the ZBA that the renewable energy needs as described have been purchased. 6. If the ZBA determines the owner has not
complied with these conditions the ZBA shall decide appropriate actions to satisfy the renewable energy needs and source of power. 7. 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. 8. A closed circuit, motion sensitive camera surveillance system shall be installed with the monitor located in a highly visible and trafficked area of the house—such as the kitchen. 9. All pool enclosure gates shall have automatic alarms installed with the alarms located in an easily audible location within the house. 10. Conditions 8 and 9 shall be installed and approved by the Building Inspector before the initial filling of the pool. 11. The stand pipe location shall be approved by the Fire Chief before obtaining a Building Permit. The motion was seconded and with no further discussion passed
unanimously with five in favor.
REID SILVA FOR CYNTHIA K. MCGRATH PERSONAL RESIDENTIAL TRUST; Article 4 Section 4.2A1; 11 Little Sandy Road; Map 10 Lot 3.1: Ms. Burger opened the public hearing at 5:08 PM. Mr. Silva reviewed the site plan A-01, supporting plans A-03 dated 11/18/14 and a surveyed site plan dated 10/23/14. The owner would like to construct an 800 sq. ft. guesthouse in a location that meets the minimum 50-foot setback distance from the lot lines. Abutter Ms. Greene asked that the walking right of way for the owner of Map 10 Lot 4 not be obstructed by the guesthouse. The Site Review Committee report was read for the record. With no further comment from the public a motion was made to close the hearing at 5:15 PM. The motion was
seconded and unanimously approved. A subsequent motion was made to approve the application and site plan dated 10/23/14 and plans A-O1, A-O3 as presented and hand-dated 11/18/14 with the following special conditions: The Board of Health shall approve the septic system before obtaining a Building Permit. 2. To preserve screening from the pond no trees shall be removed or pruned within the 100-foot Bordering Vegetated Wetland buffer zone to the north and northeast. Any activity in the buffer zone requires a permit from the Conservation Commission. 3. The walking Right of Way as described by the owner of Map 10 Lot 4 shall not be obstructed in accordance with the terms of this easement. The motion was seconded and with no discussion passed unanimously with five in favor.
TOM CARBERRY FOR RICHARD AND ELLEN MUGLIA; Article 4 Section 4.2A3; 3 Blue Barque Road; Map 17 Lot 38.1: Ms. Burger opened the public hearing at 5:21 PM. Mr. Carberry explained the plan to construct a 40’ X 20’ built in swimming pool; a sound-insulated shed for the pool equipment; the required four-foot high pool enclosure that will not meet the minimum 50-foot setback distance from the south lot line and use an air source heat pump to heat the pool water. He added the owner will purchase power from the NStar green energy program to offset the power used by the pool equipment and water heater. There will be down-shielded lighting on the pool enclosure posts. Chuck
H. read the letter of consent as required from the Muglia’s – who own the lot within 100 feet of the pool fence section that does not meet the setback distance. With no comment from the public a motion as made to approve the application and site plan as presented and dated 10/24/14 with the following special conditions: 1. The Fire Chief shall approve the stand pipe location before obtaining a Building Permit. 2. The electric forced hot air heat pump water heating system is approved. The equipment shall be located in the sound-insulated shed with adequate venting as needed. 3. A 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. 3. 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. 4. Every November the owner shall provide documented proof to the ZBA that the renewable energy needs as described have been purchased. 5. If the ZBA determines the owner has not complied with these conditions the ZBA shall decide appropriate actions to satisfy the renewable energy needs and source of power. 6. 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.
A second motion was made to approve the required four-foot high pool enclosure that will not meet the minimum 50-foot setback distance from the south lot line. The motion was seconded and with no further discussion passed unanimously with five in favor.
NSTAR GREEN ENERGY; MERKEL POOL; MAP 27 LOT 3: Chuck H. reviewed the NStar renewable green energy invoices for Mr. Merkel’s property that indicate he purchased more than the minimum required renewable energy used by the pool equipment and heater. The annual filing of this report is conditioned in his pool Special Permit as amended on April 24, 2013. After brief discussion a motion was made attesting Mr. Merkel has met the requirements of his Special Permit conditions for 2014. The motion was seconded and passed unanimously with five in favor.
ADMINISTRATION: The October 22, 2014 meeting minutes were reviewed and approved by consensus.
The December ZBA meeting will be scheduled as follows because of the holidays. The meeting time was changed from 5:00 PM to 4:00 PM:
Tuesday, December 16, 2014 @ 4:00 PM. Site Visits Monday, Dec. 15 @ 3:00 PM.
With no further business to conduct the meeting adjourned at 6:00 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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