FINAL
Present for the Board of Appeals and attending the meeting were Wendy Weldon, Chairman, Frank LoRusso, Allison Burger, Russell Maloney, Chris Murphy and Chuck Hodgkinson. Reid Silva, George Sourati, Doug Sederholm, Cynthia Brudnick, Matt Cramer, Weston Halkyard, Miles and Julie Jaffe, Gary Maynard, George Brush, Paul Hornblower, J. Durst, Heikki Soikkeli, Scott and Jennifer Frank, Alex Greenwood, Elves Endersbie, Patrick Lindsay, Mark Hurwitz, Kathy Cerick (arrived at 4:49 PM) and Karen Pickus (arrived 4:49 PM) also attended. Todd Christy and Allen Healy did not attend.
Ms. Weldon opened the meeting at 4:00 PM. The Board discussed the need to appoint a Vice Chair. With lightning speed a motion was made to appoint Ms. Burger as Vice Chair. The motion was instantly seconded. In discussion it was pointed out Ms. Burger’s appointment is consistent with the Board’s policy adopted several years ago. The motion came to a vote and passed unanimously with five in favor.
REID SILVA FOR MV-PINEVIEW-1, LLC; Article 6 Section 6.6; 18 Moses West Rd.; Map 32 Lot 78: Ms. Weldon opened the public hearing at 4:05 PM. Mr. Silva reviewed the site plan dated 5/25/18 to demolish the existing dwelling and build a new dwelling that is 9 feet from a proposed new lot line. The applicant also seeks permission to site and build a second dwelling on the proposed newly created 3.01-acre parcel in a location that is 7 feet from the proposed new lot line. The dwellings will function as a house and guest house as there will be 16 feet between the two structures. The Board reviewed Article 6 Section 6.6 and agreed it does not specify a minimum setback distance from a lot line. Both newly-created parcels have a common owner who is also the only
abutter with a property line that is within 100 feet of either structure. The Board agreed the owner’s petition satisfies the required letter of consent. Mr. Silva added the owner has met with the neighbors and has agreed to specific construction schedules during the spring shoulder season and the summer. Mr. Brush representing abutter Mr. Bell and abutters Miles and Julie Jaffe concurred. The Board mentioned the bylaw regulations do not allow it to dictate construction windows but, it can do so if the request is offered by the applicant. Mr. Silva said he is offering the proposed construction windows for the owner.
With no further public comment a motion was made to close the hearing at 4:16 PM. The motion was seconded and unanimously approved. A second motion was made to approve the plan as presented with the following special conditions: 1. The Planning Board shall approve the proposed lot line changes. 2. The Conservation Commission and Board of Health shall approve the plans before obtaining a Building Permit. 3. As offered by the applicant, between the dates of Memorial Day – June 30 there shall be no exterior construction or excessive interior construction noise on the weekends. Between the dates of July 1 – September 15 there shall be no exterior construction and no excessive interior construction noise. The motion was seconded and with no further discussion passed
unanimously with five in favor.
REID SILVA FOR ROBERT SCHIFF; Article 11 Section 11.6A2ia; 20 David’s Way; Map 21 Lots 21.1, 22: Ms. Weldon opened the public hearing at 4:20 PM. Mr. Silva reviewed the plan dated 5/23/18 to construct a 250 sq. ft. porch addition to the existing house within the Vineyard Sound Coastal District and Shore Zone. The porch will have no glass panels and no insulation. It will have radiant heating in the slab-on-grade floor. The Site Review Committee report was read for the record. Mr. Sederholm and J. Durst asked how construction vehicles will access the site and when construction will begin. Mr. Cramer said they will access the site via the current roadway to the property and they hope to start construction this fall while adding the Conservation
Commission has approved the plan with conditions. With no further public comment a motion was made to close the hearing at 4:29 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the following condition: 1. All special conditions specified in the Conservation Commission’s Order of Conditions for DEP file number SE 12 – 815 shall be followed. The motion was seconded and passed unanimously with five in favor.
REID SILVA FOR SCOTT FRANK; Article 4 Section 4.2A3; 44 Sheep Hill; Map 17 Lot 8.1: Ms. Weldon opened the public hearing at 4:30 PM and welcomed the owners to the hearing while adding the Board appreciates meeting the owners as they rarely attend hearings. Mr. Silva reviewed the plan dated 6/18/18 to construct an 18’ X 60’ (not 20’ X 60’ as described in the petition) built-in swimming pool with the associated four-foot high safety enclosure and automatic, retractable pool cover. The pool water will be heated with an air source heat pump. The pool equipment will be housed in the basement of a proposed pool cabana. The energy use for the pool equipment will be supplied by the Eversource Verde Energy program. The
plumbing diagram for the propane-heated spa as shown on the Pool Plan dated 5/29/18 confirmed the spa’s heating system is completely isolated from the pool water’s air source heat pump system. This plan also had the stand pipe location approved and signed by the Fire Chief. The Board referred to their site visit and discussed the pool’s location and the vegetation between the pool and main house. Mr. Soikelli explained how the vegetation will be removed or pruned. The Board discussed the possibility of installing alarms on both pool enclosure gates.
With no public comment a motion was made to close the hearing at 4:40 PM. The motion was seconded and unanimously approved. A second motion was made to approve the plans as presented with the following special conditions: 1. Alarms shall be installed on both pool enclosure gates and sound inside the kitchen of the main house. 2. The vegetation and trees between the house and pool shall be pruned to provide a clear line of sight between the house and pool at all times. 3. A dedicated power meter shall be installed for all of the pool-related equipment. 4. Each November after the pool is installed the owner shall provide documented proof to the ZBA that the renewable energy needs as contracted through the Eversource Verde Program have been purchased. 5.
If the ZBA determines the owner has not complied with these conditions the ZBA shall take 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 with the proposed new pool water heating system must be filed for due processing. The motion was seconded. In discussion the Board commented this is a well thought-out design. The motion came to a vote and passed unanimously with five in favor.
REID SILVA FOR RICHARD BRUDNICK; Article 4 Section 4.2A3; 73 Bijah’s Way; Map 7 Lot 12: Ms. Weldon opened the public hearing at 4:41 PM and welcomed the owner, Ms. Brudnick. Mr. Silva reviewed the site plan dated 5/24/18 to construct a 20’ X 40’ built-in swimming pool with the associated four-foot high safety enclosure and automatic pool cover. The pool water will be heated with an air source heat pump. The pool equipment will be housed in the basement of a proposed pool cabana. The energy use for the pool equipment will be supplied by the Eversource Verde Energy program. The Board asked if this was also being done by Mr. Soikkeli (as with the previous application) and he said yes. Mr. Soikkeli provided a second plan L-2 dated 5/8/18 showing the
approved stand pipe location and the independent plumbing system for the propane-heated spa. The Board discussed its observations during the site visit and thought the pool’s location met the bylaw guidelines and thought the vegetation should be managed appropriately. With no public comment a motion was made to close the hearing at 4:47 PM. The motion was seconded and unanimously approved. A second motion was made to approve the plans as presented with the following special conditions: 1. The vegetation and trees between the house and pool shall be pruned to provide a clear line of sight between the house and pool at all times. 2. A dedicated power meter shall be installed for all of the pool-related equipment. 3. Each November after the pool is installed the owner shall provide documented proof to the ZBA that the renewable energy needs as contracted through the Eversource Verde Program have been purchased. 4. If
the ZBA determines the owner has not complied with these conditions the ZBA shall take appropriate actions to satisfy the renewable energy needs and source of power. 5. If at a future date the owner wishes to revise this arrangement, a petition for a new Special Permit with the proposed new pool water heating system must be filed for due processing.
Abutters Kathy Cerick and Karen Pickus arrived at 4:49 PM and asked if the Brudnick hearing has taken place. Ms. Weldon said the hearing is closed and the decision has been voted. Ms. Cerick asked if she could make a few comments. Ms. Weldon agreed to hear them and reminded Ms. Cerick the hearing is closed. Ms. Cerick asked how the pool water will be treated as she is concerned with the wetlands on the Brudnick property. Ms. Brudnick said for medical reasons the pool water will be chlorinated (versus being treated with a saline filtration system). Mr. Silva pointed out no element of the project is within the Conservation Commission’s jurisdiction. Ms. Weldon thanked everyone and proceeded to open the next hearing.
REID SILVA FOR RICHARD AND LISA ZABEL; Article 6 Sections 6.3, 6.6 and 6.11B3; 225 State Rd.; Map 33 Lot 122: Ms. Weldon opened the public hearing at 4:52 PM. Mr. Silva first withdrew the section of the petition to exempt the living area of the historic house under Article 6 Section 6.11B3 because there is an inconsistency of when this house was built. The Assessors records indicate 1850 and the Master Plan lists 1880 as the estimated construction date. He added the owners’ plans do not require this exemption which is why he is withdrawing this part of the application. The Board accepted the withdrawal.
Mr. Silva proceeded to summarize the plan dated 3/24/18 to relocate and expand an existing historic dwelling to a location that is approximately 40 feet from the northeast lot line. The historic house and the addition will have a roof ridge height equal to the historic house’s current 28 feet above mean, natural grade. The project is in the State Road Roadside District. He added the renovation and addition plans have been approved by the Town’s Historical Commission as being consistent with the architectural integrity of the house. Chuck H. read the Historical Commission letter dated 5/31/18. He also read the Site Review Committee report and a letter from the next door neighbor supporting the plan. Chuck H. explained the Zabels recently purchased the abutting, vacant property (Map
33 Lot 121). He then read the letter of consent for setback relief from Lisa Zabel stating they have purchased the abutting parcel at 3 Clam Point Cove Rd.; AP 33-121.
The Board read Section 6.3 of the bylaws to review all three conditions that must be met to allow the roof ridge height to increase to 28 feet above grade. After much discussion the Board asked Mr. Silva to provide the specific proof that the proposed project is producing the architectural dimensions and form of a house built in Chilmark before 1850. In this case Mr. Silva said the house design modeled after the historic yellow house at 231 State Road (Map 33 Lot 87). Mr. Silva subsequently asked the hearing be continued to July 25, 2018 @ 4:10 PM to provide time to provide more information. A motion was made to accept the request. The motion was seconded and unanimously approved with five in favor.
GEORGE SOURATI FOR PAUL HORNBLOWER; Article 12 Sections 12.4C and 12.6B; 51 Squibnocket Farm Rd.; Map 35 Lot 1.3: Ms. Weldon opened the public hearing at 5:23 PM and said this project was reviewed by the Site Review Committee and the Squibnocket Pond District Advisory Committee. Mr. Sourati presented a revised site plan dated 6/27/18 and a living space plan also dated 6/27/18. The request is to construct an addition to a Single-Family Residence and the conversion of a “barn” portion of the existing residence to non-habitable space on a 4.27-acre parcel of land in the Squibnocket Pond District. The roof ridge height of the addition will match that of the existing dwelling of 24 feet above mean, natural grade.
After decommissioning the “barn” that has loft space and open floor space there will be close to a net zero increase in living space. The current structures provide 4,029 sq. ft. of living space. The proposed addition connector (270 sq. ft.) plus the 32’ X 43’ addition with 1,376 sq. ft. of living space on the first floor and 1,011 sq. ft. of living space on the second floor combined with the retained 1,366 sq. ft. of first and second floor living space provides a total of 4,023 sq. ft. of living space.
The Board pointed out the “barn” is not a barn as defined in the bylaws. It is habitable space. There was much discussion about how to decommission the barn in a way that ensures no habitable space now and for future owners. The Board further pointed out that Article 12 Section 12.4C only allows a + 25% of increased floor area provided the number of bedrooms does not increase.
After consultation Mr. Sourati requested a continuance of the hearing to July 25 @ 4:20 PM to provide time for the Board to research how to regulate these issues. A motion was made and seconded to accept the request. With no further discussion the motion passed unanimously with five in favor.
ADMINISTRATION: The draft May 23, 2018 meeting minutes were reviewed and approved as presented by consensus.
The next meeting will be: July 25, 2018 @ 4:00 PM. With no further business to conduct the meeting adjourned at 6:30 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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