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 and Chuck Hodgkinson. Also attending were Chioke and Mathea Morais, Chris Alley, Susan Novak, Lise Novak Mespelli, Ernie Mespelli, Rene Ortiz, Helen Neumann, Bethany Newell Elnaleh and Kristen Reimann. Allen Healy and Todd Christy were absent.
Mr. Maloney opened the meeting at 5:00 PM and the Board introduced themselves.
CHIOKE AND MATHEA MORAIS; Article 6 Section 6.9; 15 Ridge Hill Road; Map 11 Lot 46.1 (Nab’s Corner): Mr. Maloney opened the public hearing at 5:05 PM. Chuck H. mentioned that this is one of the Nab’s Corner Homesite Lots. Mr. Morais reviewed the site plan of the homesite lot on town-owned land off South Road. He and Mathea plan to build a single-family residence. Chuck H. added the lot is approximately 1.22-acres and the applicants will lease the property from the Town of Chilmark for a 99-year term. Mr. Maloney asked if the Planning Board released the lot. Chuck H. confirmed it has and said the Board of Health has approved the septic plan. After reviewing how the plan meets each of the seven homesite lot criteria and with no comment from the public a motion was made to close the hearing at 5:12 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan dated 7/28/15 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 SUSAN NOVAK AND LISE NOVAK MESPELLI; Article 4 Section 4.2A3; 387 Middle Road; Map 26 Lot 127: Mr. Maloney opened the public hearing at 5:15 PM. Mr. Alley reviewed the site plan dated 8/10/15 to construct a 20’ X 40’ built-in, heated swimming pool, required 4 ft. high safety enclosure and pool hydrant for approval by the Fire Chief. Additional decking will be on the northwest side of the house and a 20’ X 30’ garage will be built and eventually contain the pool equipment. If the new garage is not yet built, the pool equipment will be temporarily stored in an underground vault located in the garage’s footprint. Solar panels will generate 18 KW of power and be installed on the house and/or garage. The array will more than
offset the power used by the pool equipment. Mr. Alley pointed out the vegetated screening that is planned to shield the pool from Middle Road. The project is within the Middle Road Roadside District.
The Board asked about the pool enclosure. Mr. Alley said it will go from building to building as shown. A concrete retaining wall with stone veneer will be built on the north, down-grade side of the pool. The Site Review Committee report was read for the record.
Mr. Alley then outlined how this property shares a common well with three other properties. He added that the Board of Health has permitted a dedicated well for this lot. It is not yet installed.
Four letters from abutters were also read for the record. Mr. Alley pointed out the neighbor concerns with the common well will not be a factor because the initial filling of the pool must come from an offsite source and the property will eventually be disconnected from the common well when the new well is dug. The Board asked what if the proposed new well location does not produce an acceptable water well. The Board also asked when the photo-voltaic panels will be installed if the garage will not be built before the pool.
The Board reviewed the sight lines of the pool from the house and asked if the planned hedge will obstruct the view from the house. The Board discussed the neighbor’s concerns regarding the shared water well at length. Mr. Alley asked for time to discuss options with his clients. The Board agreed and said the hearing will commence when they return to the room.
Upon returning Ms. Novak said she will install a Board of Health-approved new water well on the property. With no additional comment from the public a motion was made to close the hearing at 6:55 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan dated 8/10/15 with the following special conditions:
1. As offered by the owners and applicants dedicated water well shall be installed and approved by the Board of Health. Once a satisfactory well has been installed the owners also offered to disconnect this lot from the common well used by three other neighbors. Proof of these actions must be approved by the Building Inspector before issuing a Building Permit for the pool.
2. The hedges as shown on the site plan shall not obstruct the view of the pool from the house. 3. The pool equipment shall be housed in an underground vault and relocated to a sound-insulated room inside the planned new garage. The pool equipment shall meet the noise specifications of Bylaw Article 5 Section 5.9.
4. 18 KW of photo-voltaic panels shall be installed on the property before the pool water heater is operational.
5. The Fire Chief shall approve the stand pipe location before obtaining a Building Permit.
6. The initial filling of the pool shall come from an off-site source as specified in the regulations. 7. A non-chlorinated water filtration system shall be used for the pool water.
8. All other pool specifications shall be met as outlined in the regulations.
The motion was seconded and with no further discussion passed unanimously with five in favor.
DISCUSSION KRISTEN REIMANN FOR KEGAN-WOLF; 127 State Rd.; Map 33 Lot 15: Ms. Reimann thanked the Board for its time and explained a Special Permit was issued to renovate this house on August 27, 2014. She added an archaeological survey was performed and several changes to the approved landscape plan are needed due to archaeological discoveries on the site. Ms. Reimann explained that the parking area and driveway section must be filled and raised and smaller vegetation must be initially installed to allow for shallow, 12-inch deep plantings. She added that more plants than originally planned will be installed and a rock retaining wall will be added along the driveway. After brief discussion a motion was made to declare the changes as
inconsequential. The motion was seconded and unanimously approved. A second motion was made to approve the changes as presented on site plan L-30 dated 8/24/15. The motion was seconded and passed unanimously with five in favor.
DISCUSSION AMENDMENT TO ARTICLE 6 SECTION 6.11: The Board discussed the Planning Board’s proposed amendment to Article 6 Section 6.11 that allows for a total living area exemption for historic structures. Mr. Maloney said he will draft a memo to the Planning Board for its October 13 meeting summarizing the discussion.
ADMINISTRATION: The June 24, 2015 meeting minutes were reviewed and approved as presented by consensus.
The next planned meetings will be:
Tuesday, October 20, 2015 @ 5:00 PM (not October 28),
Tuesday, November 17, 2015 @ 5:00 PM (not November 25) and,
Thursday, December 17, 2015 @ 5:00 PM (not December 23).
With no further business to conduct the meeting adjourned at 7:15 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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