FINAL
Present for the Board of Appeals and attending the meeting were Wendy Weldon, Chairman, Allison Burger, Chris Murphy, Joan Malkin, Frank LoRusso, Joe Chapman and Chuck Hodgkinson. Chuck Sullivan, Reid Silva, George Sourati, Paul Hornblower, Lenny Jason, Mike Jacobs, Alex Greenwood, John and Lucia Diamond and Elves Endersbie also attended. Allen Healy and Russell Maloney did not attend.
Ms. Weldon opened the meeting at 4:00 PM and appointed Alternate Joe Chapman as a voting member for the evening’s agenda.
GEORGE SOURATI FOR PAUL HORNBLOWER; Article 6 Section 6.11B2, Article 12 Section 12.4C and Article 12 Section 12.6B; 51 Squibnocket Farm Road; Map 35 Lot 1.3: Ms. Weldon opened the public hearing at 4:05 PM. Mr. Sourati reviewed the site plan dated 6/27/18 and the plans hand-dated 9/26/18 to renovate the existing single-family residence and “barn space” and build a 132 sq. ft. breezeway to a proposed two-story addition. The roof ridge height of the addition will be 24 feet above mean, natural grade. The basement will become a finished workout room. The total existing living area is 3,581 sq. ft. The total proposed living area net of the two de-commissioned bunk rooms in the barn and excluding the finished basement will be 4,466 sq. ft. (+24.7%).
This is the maximum floor area expansion allowed with a Special Permit under Section 12.4C. The project is on a 4.27-acre parcel in the Squibnocket Pond District (SPD). Chuck H. mentioned the Site Review Committee and Squibnocket Pond District Advisory Committee did not need to review this revised plan because the total size has been reduced from the previously endorsed plan.
The Board asked to review the project in segments to correlate with each of the bylaws. The first was Article 12 Section 12.6B that provides three criteria needed to allow a roof ridge height in this District to go up to 24 feet above mean natural grade. Mr. Greenwood demonstrated how the architectural features of the addition are consistent with several historic capes built in Chilmark before 1850. Mr. Hornblower said that while a few of the taller trees will come down for the construction there are many tall cedar trees that will remain. The Board agreed as observed on the site visit. Mr. Greenwood further pointed out the addition is on a lower grade of the property and will not interfere with existing views.
Mr. Sourati proceed to review how the project is in the Squibnocket Pond District zones B and C and how the net new floor area of the proposed new dwelling will increase from the existing total area of 3,581 sq. ft. to 4,466 sq. ft. He added Section 12.4C of the bylaw for additions in these zones in the SPD only allow up to + 25% in floor area provided the existing bedroom count remains the same as the existing dwelling. He added the increase in floor area is + 24.7 % and the bedroom count will remain at four.
Mr. Sourati proceeded to review how the project complies with each of the 13 criteria outlined in Article 6 Section 6.11B2. The Board agreed with the following comments made for each point: 1a. Yes. The project is not on the high point of the property. 1b. N/A. 1c. Yes. 2. Yes. There is minimal grading. 3. Yes. 4. Yes. This is a relatively flat location. 5. N/A. 6. The project is not on a ridge. 7. N/A. 8. Yes. 9. Not increasing the number of bedrooms. 10. See condition #1 under Section 6.11B2. 11. Yes. 12a. Yes. 12b. N/A. 13. The applicant will comply with the required archaeological surveys as dictated for this subdivision by the Martha’s Vineyard Commission.
With no further public comment a motion was made to close the hearing at 4:50 PM. The motion was seconded and unanimously approved. Regarding Article 12 Section 12.6B a motion was made to approve the project under this bylaw as it satisfies the bylaw criteria for a roof ridge height of up to 24 feet above mean, natural grade. The motion was seconded and passed unanimously with five in favor.
Under Article 12 Section 12.4C a motion was made to approve the plan as presented under this bylaw with the following special conditions: 1. The living space in zones B and C of the SPD shall not exceed 4,466 sq. ft. and have no increase in the number of existing bedrooms (4) as defined by the Board of Health. 3. The screened sunroom porch shall never be enclosed. The motion was seconded and unanimously approved with five in favor.
For Article 6 Section 6.11B2 there was discussion regarding point # 10 of the 13 criteria. A motion was then made to approve the plans as presented under this bylaw with the following special condition: 1. The Board Chairman shall approve a photo-voltaic plan for the project before obtaining a Building Permit. The motion was seconded and unanimously approved with five in favor.
CHUCK SULLIVAN FOR THEODORE & PATRICIA PERL; Article 6 Section 6.11B2, 3; 42 Prospect Hill Road; Map 20 Lot 76: Ms. Weldon opened the public hearing at 5:04 PM. Mr. Sullivan reviewed the plans to add 236 square feet of living space above the existing garage, which will include a bedroom and bathroom, on a 2.5-acre parcel of land. This additional space brings the total living space on the property to 5,213 sq. ft. The total allowable living space on the parcel with a Special Permit is 5,875 sq. ft. The Board discussed its observations on the site visit regarding the in-ground pool enclosure and how it does not meet code. Mr. Sullivan distributed a written response to demonstrate how the project complies with each of the 13 criteria under this bylaw. The
Board thanked Mr. Sullivan for his written responses and agreed with the following assessments: 1a. Minor impact. The existing second floor roof will be extended (away from the views and water) by approximately 14’. The house is screened from the road with vegetation and not highly visible. 1b.The only change to the footprint is at an existing entryway, extending the landing and covered roof out approximately 3’ to accommodate the side entry. This area is will be re-planted as necessary. 1c. minor impact, there will be one window added to each the South and East Elevations which faces the road and neighbor, and three windows on the North which faces the north shore. 2. N/A. 3. N/A. 4. N/A. 5. N/A. 6. The new roof line, approximately 14’ long, matches the height of the existing ridge. The mature trees in the area are higher than the roof line. 7. N/A. 8. N/A. 9. The existing septic is for a six bedroom house, the total number of bedrooms once the
addition is complete will be six bedrooms. 10. The client agrees to install a minimum of eight solar panels on the existing south facing roof. 11. The client agrees to use as many recycled and sustainable products as possible. The insulation levels will exceed the state minimum, and a new high efficiency electric heat pump will be installed. 12a. N/A. 12b. N/A. 13. N/A.
With no public comment a motion was made to close the hearing at 5:40 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the petition and plans A-01, A-02, A-03 and A-04 dated 9/7/18 and the site plan dated 8/30/18 as presented with the following special condition: 1. The in-ground pool enclosure fencing shall be brought up to code during construction as determined by the Building Inspector and before obtaining a Certificate of Occupancy. The motion was seconded and with no further discussion 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 5:42 PM. Mr. Silva reviewed the plan to demolish or relocate a portion of the existing single-family residence to a site on the proposed newly created 3.01-acre parcel. It is in a location that does not meet the minimum setback distance from the lot line and is 22 feet from the proposed new lot line. He added this petition replaces the Special Permit issued for the similar concept on June 27, 2018. Chuck H. read an email from attorney George Brush as Lenny Bell’s representative for the record. With no further public comment a motion was made to close the hearing at 5:29 PM. The motion was seconded and
unanimously approved. A second motion was made to approve the site plan dated 9/4/18 as presented with the following special conditions: 1. This Special Permit voids and nullifies the Special Permit issued on June 27, 2018. 2. The Planning Board shall approve the proposed lot line changes. 3. The Conservation Commission and Board of Health shall approve the plans before obtaining a Building Permit. 4. 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 discussion passed unanimously with five in favor.
REID SILVA FOR 3 SDS, LLC; S. FAIN HACKNEY, TR.; Article 4 Section 4.2A3; 11 Round Pond Rd.; Map 35 Lot 1.4: Ms. Weldon opened the public hearing at 5:32 PM. Mr. Silva explained a Special Permit was issued for this project on October 20, 2015. The pool was never installed and the permit has expired. He said the proposal is to construct a heated, built-in pool that is approximately 20’ X 60’ with a deck and four-foot high pool enclosure. The pool equipment will be located in an underground vault. The existing solar array will offset the power used by the pool heater and equipment. He added the specifications for this project are the same as the previously permitted pool. Chuck
H. read the Site Review Committee and Squibnocket Pond District Advisory Committee report dated 10/14/15 for the record. After brief discussion about the various bylaw specifications and with no public comment a motion was made to close the hearing at 5:46 PM. The motion was seconded and unanimously approved. A second motion was made to approve the site plan dated 10/1/15 as presented with the following special conditions: 1. As specified in the bylaw, an off-season winter safety cover shall be installed. 2. The Fire Chief shall approve the stand pipe location before obtaining a Building Permit. 3. As offered by the applicant, a grate shall be placed on top of the “gutter” overflow. The grate shall be 1 inch below the top of the water in the gutter. 4. The four-foot high pool enclosure shall be from the top of the grate to the top of the pool edge. 5. An alarm and closed-circuit TV (CCTV) camera shall be placed on the
self-latching gate with a child-proof de-activation device. The CCTV monitor shall be placed in plain sight in a high traffic area of the house. 6. The contractor shall contact the ZBA Administrator and Chairman to schedule a demonstration of the pool safety measures and systems after they are installed and operable. The motion was seconded and with no discussion passed unanimously with five in favor.
REID SILVA FOR TOWN OF CHILMARK COMMUNITY CENTER; Article 8 Section 8.3; 520 South Road; Map 30 Lot 93: Ms. Weldon opened the public hearing at 5:48 PM. Mr. Silva reviewed the plans to alter and expand a pre-existing, non-conforming tennis shed located in the South Road Roadside District. The current building is 24 feet from the northeast lot line. The reconstructed building and porch will be the same distance from the northeast lot line. Chuck H. read the Site Review Committee report for the record. Mr. Doty and Ms. Matschullat spoke for the Town and endorsed the project. With no further public comment a motion was made to close the hearing at 6:05 PM. The motion was seconded and
unanimously approved. A subsequent motion was made to approve the petition and elevation plans A-02 dated 8/6/18 as supported by plans A-01, A-02 and A-03 dated 8/6/18 and the site plan dated 8/31/18. The motion was seconded and with no further comment passed unanimously with five in favor.
ADMINISTRATION: The draft August 21, 2018 meeting minutes were reviewed and approved as presented by consensus.
The Board discussed their draft pool bylaw amendments for quite some time.
With no further business to conduct the meeting adjourned at 6:30 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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