FINAL
Present for the Board of Appeals and attending the meeting were Allison Burger, Chairman, Russell Maloney, Vice Chairman, Wendy Weldon, Chris Murphy, Todd Christy and Chuck Hodgkinson. Also attending were Reid Silva, George Sourati, Gary Maynard, Dan Greenbaum, Joan Malkin, Rich Osnoss, Lenny Jason and John Eisner. Allen Healy and Frank LoRusso were absent.
Ms. Burger opened the meeting at 5:00 PM.
Ms. Burger reminded the Board that its policy is to rotate the Chair and Vice Chair responsibilities the first meeting after the Annual Town Meeting. A motion was made to appoint Vice Chairman, Russell Maloney as Chairman and Frank LoRusso as Vice Chairman. The motion was seconded. In discussion it was reiterated that the succession is automatically determined in accordance with tenure. The motion came to a vote and passed unanimously with five in favor.
Mr. Maloney appointed Alternate Todd Christy as a voting member for the evening’s agenda.
FOLLOW UP DISCUSSION FROM 3/25; GARY MAYNARD FOR SARAH DUNBAR MORRIS; 113 Hammett Rd.; Map 4 Lot 6: Mr. Maynard explained he is proposing a completely new solution for the pool enclosure for a Special Permit that was issued on 9/24/14. This new design is different than the one reviewed on March 25, 2015. The new design is a wooden picket fence that the owner would like to place hidden in the woods. The Board discussed this would need at least four feet of no vegetation on the outside of the fence to prohibit young children from climbing over it. Mr. Maynard said he understood and produced a different site plan A-1 dated 5/26/15. This wooden picket fence would be placed in the location of the original fence that was approved with the Special Permit on 9/24/14. The
Board preferred this solution. A motion was made to declare the proposed fence as an inconsequential change to the approved plan. The motion was seconded and unanimously approved. A subsequent motion was made to approve the new fence plan as shown on site plan A-1 dated 5/26/15. The motion was seconded and with no discussion passed unanimously with five in favor.
REID SILVA FOR NEW PROPERTY MV, LLC; (Two Projects) Article 6 Sections 6.6 and Article 6 Section 6.3; 34 Brickyard Rd.; Map 9 Lot 2.4: Mr. Maloney opened the public hearing at 5:14 PM and asked that each project be presented and acted upon separately. Mr. Silva explained the first project under Article 6 Section 6.6 is to construct a new single-family residence that has a roof overhang approximately 40 feet from the south lot line. The foundation meets the minimum 50-foot setback distance but, the overhang does not. Mr. Silva said the required letter of consent as outlined in the bylaw has not yet arrived. It is coming from the owner of 34 Brickyard Rd. as he also owns the abutting property within 100 feet of
the new house. With no letters from abutters and no public comment a motion was made to approve the site plan as presented and dated 4/14/15 for the new house location. The motion was seconded. In discussion the Board agreed the Special Permit shall not be date stamped by the Town Clerk and issued before the letter of consent is received. The motion came to a vote and passed unanimously with five in favor.
Mr. Silva said the second project is under Article 6 Section 6.3 to replicate the construction of an historic brick barn with a roof ridge height of 28 feet above grade and located as is. Mr. Silva explained the owner moved the north lot line so the barn’s original location could be used and still meet the minimum 50-foot setback distance from the lot line. The barn will be used as a studio. The barn is listed in the Town’s Master Plan as an important historic resource. The Master Plan description was read for the record. It is one of three brick barns built out of rejected bricks from the brickyard. Two letters of strong endorsement from the Chilmark Historical Commission – dated 1/22/15 and 5/21/15 were also read for the record. A third letter from the Historical
Commission supporting the petition before the Board was also read. Mr. Jason expressed his support and added the intent of this bylaw is to allow this type of historic replication and qualifies for a Special Permit. With no public comment or further questions from the Board a motion was made to close the hearing at 5:35 PM. The motion was seconded and passed unanimously. A subsequent motion was made to grant a Special permit for the reconstruction of the original brick barn with a roof ridge height of 28 feet above grade. The motion was seconded and passed unanimously with five in favor.
GEORGE SOURATI FOR HANK AND CAROL GOLDBERG; Article 4 Section 4.2A3; 97 Pasture Rd.; Map 20 Lot 47.13: Mr. Sourati requested the hearing be postponed to June 24, 2015 @ 7:10 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.
GEORGE SOURATI FOR HANK AND CAROL GOLDBERG; Article 6 Section 6.11B2; 97 Pasture Rd.; Map 20 Lot 47.13: Mr. Maloney explained this hearing is to act on a court remand order regarding an appeal filed by the owner against the Special Permit issued on February 25, 2015 for the following project. A Special Permit under Chilmark’s Zoning By-Law Article 6 Section 6.11B.2. was issued to Henry H. and Carol B. Goldberg to add approximately 1,165 sq. ft. of living space to the existing single-family residence with 5,125 sq. ft. of living space. The total area of living space on the 4.2-acre parcel with the addition will be 6,290 sq. ft. The maximum allowable area by Special Permit is 6,300 sq. ft. The owner is
appealing the following testimony and special condition: Testimony: No heavy equipment shall be used. Special Condition: 1. Before a Building Permit is issued the applicant shall provide for approval by the ZBA Chair or Vice Chair a plan to add an array of photo-voltaic panels on the property.
Mr. Sourati asked the Board to postpone this hearing to June 24, 2015 @ 5:15 PM so the owner can attend this hearing as well. The Board explained this must be opened on June 24 and Mr. Sourati understood. A subsequent motion was made to grant the request. The motion was seconded and unanimously approved with five in favor.
PLANNING BOARD DISCUSSION: Article 6 Section 6.11. Mr. Greenbaum explained this bylaw requires the Planning Board to assess how this bylaw is being used and to determine if any amendments might be in order. Ms. Malkin reviewed a draft report with the statistics of new house and ZBA activity over the past two years and is seeking input. The Board corrected a few points on the ZBA summary and asked to discuss each of the thirteen conditions as outlined in the bylaw – particularly # 9, # 10 and # 11. The Board mentioned the response it receives regarding alternative energy and efficiency is that renovations will be brought up to current building code and asked if that is what the Planning Board desired. The ZBA cannot dictate the type or size of an alternative energy
system or type of septic system – such as a denitrifying septic. The conditions are vague and difficult to mitigate as the ZBA is not supposed to dictate solutions that applicants cannot interpret out of the bylaw. As a suggestion the Board recommended amending the language to something such as: The Town encourages the use of alternative energy systems and methods of incremental energy conservation.
The Planning Board representatives did not want to make any changes to the bylaw and admitted not all thirteen conditions may apply to every petition. The Planning Board also admitted Section f.11. requires definition. After much discussion it was agreed to make no changes and reconvene in another two years – when there are more cases to evaluate. The Planning Board will return to the June 24 meeting with a revised draft report.
ADMINISTRATION: The April 22, 2015 meeting minutes were reviewed and approved as presented by consensus.
The next meeting will be Wednesday, June 24, 2015 @ 5:00 PM.
With no further business to conduct the meeting adjourned at 6:45 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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