FINAL
Present for the Board of Appeals and attending the meeting were Russell Maloney, Chairman, Frank LoRusso, Vice Chairman, Allison Burger, Wendy Weldon, Chris Murphy, Todd Christy and Chuck Hodgkinson. Also attending were George Sourati, Peter Breese, Hank and Carol Goldberg, Bennett Goldberg, Chris Alley, Kris Horiuchi, Patrick Crosgrove, Dan Greenbaum and Joan Malkin. Allen Healy was absent.
Mr. Maloney opened the meeting at 5:04 PM.
CHRIS ALLEY FOR LEE AND SHELLEY GARFINKEL; Article 6 Section 6.11; 6 South Ridge Road; Map 18 Lot 34: Mr. Maloney opened the public hearing at 5:05 PM. Mr. Murphy in his capacity as Animal Control Officer excused himself to tend to a call from the Communications Center. Mr. Maloney appointed Alternate Todd Christy as a voting member. Mr. Alley reviewed the plan to add approximately 1,625 sq. ft. of living space to the existing single-family residence with 2,885 sq. ft. of living space. The total area of living space on the 3.2-acre parcel with the addition will be 4,510 sq. ft. The maximum allowable area by Special Permit is 6,050 sq. ft. The work is in the Meetinghouse Road Roadside District. He added the septic system has the capacity to add a fifth bedroom. The Board asked Mr. Crosgrove to review how the project complies with each of the thirteen criteria in the bylaw. The following is a summary with the Board’s assessment.
1.a. The house cannot be seen from any adjacent properties or roads. Okay. 1.b. No landscaping is planned as the addition is over an existing deck. None of the existing landscaping or trees will be removed. Okay. 1.c. All exterior lighting will be down lit. Okay. 2. The addition will be built on-grade where the deck is currently located. Okay. 3. Some existing lawn will be replaced with structure. Okay. 4. The natural drop in existing grade will cause the roof ridge of the addition to be lower than the existing ridge. Okay. 5. N/A. 6. Yes. The roof ridge will be two feet below the existing roof ridge. Okay. 7., 8. N/A. 9. No ponds or
wetlands are on the property. Okay. 10. The large roof overhang will block the excess sunlight. The house uses 4,000 KW of power per year (seasonal use). A 20-panel solar array will be installed on the garage roof. The array is projected to produce 6,100 KW/year. All windows will be replaced that meet current building code specifications. Okay. 11. Engineered lumber will be used for the project. Okay. 12.a.,b., 13. N/A.
The Board thanked Mr. Crosgrove for being so well prepared. With no public comment a motion was made to close the hearing at 5:20 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan dated 4/2/15 and elevations, floor plans as presented and dated 6/23/15 with the following special condition: 1. 20 photo-voltaic panels shall be installed on the garage roof generating 6100 KW/year. The motion was seconded and with no further discussion 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. Murphy reported on the situation and explained he was called into action because a stray cow is on the loose. He will not be able to participate in the next hearing. Mr. Maloney appointed Alternate Todd Christy to be a voting member and opened the public hearing at 5:22 PM. Mr. Sourati reviewed the Horiuchi site plan L1.0 dated 6/24/15 to build a 22’ X 48’ built-in swimming pool, pool enclosure, a patio-terrace, decking and spa. He added the pool will have an auxiliary water heater. Ms. Horiuchi explained the proposed pool enclosure and said all exterior doors leading into the pool will be alarmed. The pool fence will be compliant with state
code. The concrete retaining walls to the south will also serve as the pool enclosure with a section of fencing on top. The concrete will not be climbable. The retaining walls will raise the south section of the pool 12 feet above grade—from 112’ to 124’ elevations. The gates will be self-latching. A wooden fence will be used on the east and west sides of the pool.
The equipment pumps and filters will be in a below-grade vault. The electric heat pump for the pool water will be in a four-walled, above-grade enclosure with grating on top for ventilation. A 16-panel solar array will be installed to the southeast and be less than four feet above grade—as it does not meet the minimum 50-foot setback distance from the lot line. The solar power projection was reviewed to demonstrate the array will produce more power than what is used by all pool-associated equipment. A geo-thermal heating and cooling system will also be installed to serve the expanded house.
Two letters from abutters were read for the record. One asked to screen the portions of the concrete retaining walls from his view. After brief discussion and with no comment from the public a motion was made to close the hearing at 5:45 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the application and Horiuchi site plans L1.0, L4.0, L5.0, L5.1 as presented and dated 6/24/14 with the following special conditions: 1. A 16-panel ground-mounted photo-voltaic array generating 7100KW/year shall be installed as shown provided the height does not exceed four feet above mean existing grade. 2. The concrete retaining wall(s) shall be screened out of view from the neighbor’s property
Map 19 Lot 2. The motion was seconded and with no further discussion 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. Murphy returned and told Mr. Goldberg the cow is in his yard and again said he will not be able to participate in the hearing. Mr. Goldberg thanked Mr. Murphy for tending to the matter. Mr. Maloney also thanked Mr. Murphy for his dedication to the immediate problem at hand, appointed Mr. Christy as a voting member and opened the public hearing at 5:48 PM.
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. Breese explained the largest power use is for the HVAC system. The proposed geo-thermal plan will supply all of the A/C needs in the summer and approximately 70 percent of the heating needs in the winter. He added no heavy equipment will be used but, the new foundation will need a couple of excavators to do the work. A drill rig will be needed for the geo-thermal installation. The Board explained Mr. Sourati addressed this segment of the bylaw last February by stating no heavy equipment will be used which is why it was specified in the Special Permit. After brief discussion and with no further comment from the public a motion was made to close the hearing at 5:55 PM. The motion was seconded and unanimously approved. Upon hearing the rebuttal testimony a subsequent motion was made to approve the plans
dated 6/24/15 as presented for the geo-thermal system which satisfies the bylaw Section 6.11F.10 and agreed to remove the previously testified comment for Section 6.11F.11. The motion also declared this Special Permit nullifies and replaces the Special Permit issued on February 25, 2015. The motion was seconded. In discussion the Board explained to Mr. Goldberg that this hearing would not have been necessary if his representatives were better prepared and accepted the Board’s suggestion to continue the original hearing to March to confer with you. The motion came to a vote and passed unanimously with five in favor.
DISCUSSION STEPHEN MERKEL POOL EQUIPMENT; NSTAR GREEN ENERGY; 17 Howell Lane; Map 27 Lot 3: Mr. Murphy returned to the meeting to update the group that the wayward cow has been found and secured. A sigh of relief filled the room. Chuck H. explained Mr. Merkel plans to change from NStar green energy credits to a comparable program such as Cape Light Compact or another because the NStar program expires July 1, 2015. Mr. Merkel also asks if his green energy commitment can be changed from purchasing green energy for his house and the pool equipment (as offered in the hearing and subsequently conditioned in the Special Permit) to exclusively cover the power used by all the pool equipment. Mr. Merkel would also install a dedicated meter for all pool
equipment. A motion was made and seconded to declare this change as inconsequential. The motion passed unanimously. A second motion was made to approve the request as outlined. The motion was seconded and with no discussion passed unanimously.
PLANNING BOARD DISCUSSION: Article 6 Section 6.11. Ms. Malkin asked if the Board had any comments on the revised draft report as discussed at the last meeting. Unfortunately, the revised draft was not received for distribution to the Board. Ms. Malkin proceeded to highlight the changes. The Board expressed its concern with the statement that the average size of a new house is 40 percent lower in the two years after the new bylaw took effect—than in the previous two years. The Board explained there were three very large houses in Squibnocket Farm that were rushed to permit before the new bylaw was adopted. This “artificially inflated” the average house size for the previous two year period. The Board agreed the sample size is still small but, felt the
three large houses in the two years before the bylaw took effect should be removed from the sample. Ms. Malkin disagreed by stating these are the facts for each two-year period.
After discussion the Planning Board members agreed to produce a third draft to be reviewed at the next ZBA meeting.
ADMINISTRATION: The May 27, 2015 meeting minutes were reviewed and approved as amended by consensus.
The next meeting will be Wednesday, July 22, 2015 @ 5:00 PM—if applications are received.
With no further business to conduct the meeting adjourned at 6:40 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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