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Zoning Board of Appeals Minutes 04/22/15
FINAL

Present for the Board of Appeals and attending the meeting were Allison Burger, Chairman, Russell Maloney, Vice Chairman, Wendy Weldon, Chris Murphy, Frank LoRusso, Todd Christy and Diana DeBlase.  Also attending were Chris Alley, Michael Barclay, James Moffatt, Calder Martin, Caitlin Cook and Mike Tomkins.  Allen Healy was absent.     

Ms. Burger opened the meeting at 5:01 PM.  

GEORGE SOURATI FOR HANK AND CAROL GOLDBERG; Article 4 Section 4.2A3;   97 Pasture Rd.; Map 20 Lot 47.13:  The Board read an email from the applicant requesting the hearing be postponed to May 27 @ 5:15 PM so the owner can attend.  The application is to build a 22’ X 48’ built-in swimming pool, pool enclosure, a patio-terrace, decking and spa.  The pool will have an auxiliary water heater.  A motion was made to grant the request.  The motion was seconded and passed unanimously with five in favor.  

5:20 PM:  JAMES MOFFATT FOR BANTA-ABEL’S HILL NOMINEE TRUST; Article 8         Section 8.3; 11 South Abel’s Hill Road; Map 24 Lot 229:  Ms. Burger opened the public hearing at 5:20 PM.  Mr. Moffatt reviewed a revised site plan dated 4/20/15 to alter a pre-existing, non-conforming pump house on a 1.14-acre parcel.  The existing 10’ X 11’ structure will be demolished and is less than the minimum 25-foot setback distance from the south and east lot lines.  The new pump house will now be the same size and will not increase the non-conformity of the structure as its footprint will not be closer to the lot lines.  A letter from abutter Joan Safford dated 4/21/15 was read for the record.  With no comment from the public a motion was made to close the hearing at 5:35 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the revised site plan dated 4/20/15 with the following special condition:  1. Additional vegetative screening shall be planted on the south and west sides of the new pump house.  The motion was seconded and with no further discussion passed unanimously with five in favor.
CALDER MARTIN AND CAITLIN COOK; Article 6 Section 6.9; (Nab’s Corner)               10 Ridge Hill Rd.; Map 11 Lot 46.2:  Ms. Burger opened the public hearing at 5:40 PM.       Mr. Martin explained he and Caitlin were granted the Town’s homesite lot through the lottery and are greatly thankful.  He explained they are here to create a buildable homesite lot on town-owned land off South Road and build a single-family residence.  The lot is approximately 1.01-acres. The applicants will lease the property from the Town of Chilmark for a 99-year term.  The two Site Review Committee reports were read for the record.  The Board congratulated both and with no comment from the public 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 approve the site plan dated 4/22/15 and the elevations dated 4/22/15 with the following special conditions:           1. The 99-year ground lease with the Town of Chilmark shall be signed and paid in full with the Board of Selectmen before obtaining a Building Permit.  2.  All construction vehicles and materials staging shall be confined to the lot.  3.  All no cut zones as conditioned by the Planning Board and the Land Bank trail easement shall be honored.  The motion was seconded and with no further discussion passed unanimously with five in favor.
 
CHRIS ALLEY FOR CHRISTINA W. LURIE; Article 11 Section 11.6A.2.b.(i) a.; 2 Gosnold’s Way; Map 14 Lot 1:  Ms. Burger opened the public hearing at 5:55 PM.  Mr. Alley reviewed a revised site plan dated 4/17/15 and the elevations dated 4/20/15 to rebuild an existing two-bedroom single-family dwelling within the Shore Zone of the Vineyard Sound Coastal District.  The bedroom on the south side will be relocated to the northeast side and a screened porch will be built on the existing deck facing to Sound.  The footprint area will not change.  The property is currently owned by Nathaniel L. Harris, Jr. and Jane Harris Ash et. al. and is under a Purchase and Sale agreement with Ms. Lurie.  The Site Review Committee report was read for the record.  The Board asked about the well and septic and Mr. Alley said both will be replaced and upgraded.  The Board was concerned the screened porch could be converted to living space in the future which would require an expanded septic system.  With no comment from the public a motion was made to close the hearing at 6:15 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve revised site plan dated 4/17/15 and the elevations dated 4/20/15 with the following special conditions:  1. The Board of Health shall approve the revised floor and septic plans and a new well plan before obtaining a Building Permit.  2.  The Conservation Commission shall approve the plan before obtaining a Building Permit.  3.  The screened porch shall never be enclosed or converted into year-round living space as long as it remains in the shore zone.  4.  The existing well house shall be removed and abandoned.  The motion was seconded and after brief discussion passed unanimously with five in favor.

DISCUSSION MIKE TOMKINS FOR GEM IRREVOCABLE TRUST; Article 4 Section 4.2A3; 5 North Abel’s Hill Rd.; Map 24 Lot 161:  Mr. Tomkins explained a pool special permit was issued on 2/25/15.  The existing underground equipment vault collapsed.  The owner is asking if the equipment may be placing in an above-ground, sound-insulated shed instead of an underground vault.  The Board discussed how noise from pool equipment is the number one complaint from neighbors.  A motion was made to declare this change as significant which requires the abutters to be re-notified and the hearing advertised before it may be re-opened.  The motion was seconded and with no discussion passed unanimously with five in favor.                Mr. Tomkins thanked the Board for its time.  

ADMINISTRATION:  The March 25, 2015 meeting minutes were reviewed and approved as presented by consensus.

The next meeting will be Wednesday, May 27, 2015 @ 5:00 PM.

With no further business to conduct the meeting adjourned at 6:35 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS (from audio tape).