FINAL
Present for the Board of Appeals and attending the meeting were Wendy Weldon, Chairman, Allison Burger, Russell Maloney, Chris Murphy, Frank LoRusso, Joe Chapman, Joan Malkin and Chuck Hodgkinson. Chuck Sullivan, Leanne Cowley, Steve Galante, Reid Silva, George Sourati, Richard Steves, Tracey Smith and Keith McGuire also attended.
Ms. Weldon opened the meeting at 4:00 PM.
GEORGE SOURATI FOR 18 PEAKED HILL, LCC; Article 4 Section 4.2A3; Article 6 Section 6.6; 18 Peaked Hill Road; Map 25 Lots 13, 14.1: Ms. Weldon opened the public hearing at 4:05 PM. Mr. Sourati reviewed the site plan dated 11/28/18 to construct 12’ X 34’ in-ground swimming pool, spa and deck in a location that does not meet the minimum 50-foot setback distance from the lot line. The pool and pool fence are 33 feet and 27 feet respectively from the west lot line. The pool water will be heated. The pool equipment will be located in the basement of the main house. The power for the pool equipment will be offset with green energy purchased through one of three possible utility companies. He then reviewed a narrative addressing how the project
complies with each bylaw specification. Mr. Sourati also pointed out how the pool will be placed within the existing deck that is more than 3 feet above mean, natural grade and closer to the lot line than the pool.
As outlined in Article 6 Section 6.6 the required letters of consent from abutters whose property line is within 100 feet of the proposed structure were read for the record. The Gollin letter requested that there be no construction or maintenance access from their property.
The Board debated whether or not a Variance is required for pool setback relief because it is a bylaw specification. The bylaw definition of a pool was read and it clearly defines a pool as a “structure”. Article 6 Section 6.6 providing the requirements for setback distance relief also states this relates to “structures”.
With no public comment a motion was made to close the hearing at 4:46 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 stand pipe location shall be approved by the Fire Chief before obtaining a Building Permit. 2. The contract for purchasing green energy shall be provided before obtaining a Building Permit. 3. The windows and doors leading to the pool deck shall be alarmed. 4. The sheathing on the outside of the retaining wall below the pool deck shall be such that it cannot be climbed. 5. A dedicated electric meter shall be installed to record the amount of power (KWH) used by all pool equipment including the water handling systems, water heater
and circulator. 6. The owner shall create a separate account with a green energy program to purchase the amount of KWH of electricity used by all pool apparatus on an annual basis. 7. Every November the owner shall provide documented proof to the ZBA that the renewable energy needs as described have been purchased. 8. If the ZBA determines the owner has not complied with these conditions the ZBA shall decide appropriate actions to satisfy the renewable energy needs and source of power. 9. If at a future date the owner wishes to revise this arrangement, a petition for a new Special Permit for the proposed new pool water heating system must be filed for due processing.
The motion was seconded. In discussion the Board agreed it has no jurisdiction to condition Mr. Gollin’s request regarding trespassing on his property. The motion came to a vote and did not pass with three in favor and two opposed (members Murphy and Burger). After further discussion the Board agreed this specific motion did not pass and the issue merits further discussion. A subsequent motion was made to re-open the public hearing at 4:55 PM for the purpose of seeking legal advice concerning the applicability of Section 6.6 to the bylaws governing pools. The motion was seconded and unanimously approved with five in favor. Mr. Sourati asked if the hearing could be continued to the January meeting to provide time for him
to discuss this with his client. After brief discussion another motion was made to continue the hearing to January 16, 2019 @ 4:05 PM to provide more time to discuss this with the owner. The motion was seconded and unanimously approved with five in favor.
CHUCK SULLIVAN FOR STEVEN GALANTE AND LEANNE COWLEY; Article 8 Section 8.3 and Article 12 Section 12.6B; 18 Blacksmith Valley Rd.; Map 35 Lots 12, 13, 15: Ms. Weldon opened the public hearing at 5:05 PM. The Board welcomed Ms. Cowley and Mr. Galante who summarized the history of the property and their desire to spend more time on island year-round. He added the house has a dirt floor in the crawl space foundation that creates moisture problems and they plan to add a roof-mounted solar array and upgrade to a de-nitrifying septic system. Mr. Sullivan reviewed the site plan dated 11/21/18 and detailed plans dated 11/28/18 to renovate and expand a pre-existing, non-conforming dwelling that is on a 2.64-acre non-conforming parcel. The non-conforming current roof
ridge height is approximately 21.6 feet above mean natural grade and the proposed new ridge height is 23.9 feet above mean natural grade. The addition will increase the current living area from 1,911 sq. ft. to 3,259 sq. ft. (+1,348 sq. ft.). The project is in the Squibnocket Pond District.
The Board referred to Sections 12.6B, 6.3 and 8.3 of the bylaws. As outlined in the bylaw when two bylaws are involved with similar specifications – in this case roof ridge height – the more restrictive of the bylaws takes precedence as the project is in the Squibnocket Pond District. The Board agreed Article 12 Section 12.6B is more restrictive and therefore its regulations take precedence over Section 8.3. The Board agreed the conditions in Section 6.3 were met. In addition, since the property is not within a Coastal District, the conforming roof ridge height may go up to 24 feet above mean, natural grade as specified in the general bylaws.
Mr. Sullivan reviewed how the project conforms to each bylaw specification under Article 12 Section 12.6B and Article 6 Section 6.3. Chuck H. read the Site Review Committee and Squibnocket Pond District Advisory Committee reports for the record. He also read the letter from abutter Jack Taylor for the record. After further discussion and with no public comment a motion was made to close the hearing at 5:43 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plans as presented. The motion was seconded. The motion came to a vote and passed with four in favor and one abstention (Mr. Maloney).
REID SILVA FOR THE YARD, INC.; Article 8 Section 8.3 and Article 6 Section 6.6; # 6 The Yard; Map 26 Lot 95: Ms. Weldon confirmed the eligible voters for this continued hearing as herself and members Burger, Maloney and Chapman and opened the continued hearing at 5:49 PM. Mr. Silva said he met with the Building Inspector who determined this project is a mandatory referral to the Martha’s Vineyard Commission (MVC) as a Development of Regional Impact under Section 3.1a and possibly others. The Board discussed how its decision cannot be made until the MVC concludes its review process. A subsequent motion was made to refer the project to the MVC as a DRI and continue the hearing until such time as the MVC concludes its review and
issues a decision. The motion was seconded. In discussion Chuck H. said when they receive the MVC decision he will re-advertise and re-notify the property abutters of the continued ZBA hearing date and time. The motion came to a vote and passed unanimously with four in favor.
REID SILVA FOR THE YARD, INC.; Article 8 Section 8.3, Article 6 Section 6.6 and Article 6 Section 6.11; # 7 The Yard; Map 26 Lot 91: As with the previous hearing Ms. Weldon confirmed the eligible voters an opened the continued hearing at 5:51 PM. Mr. Silva said the Building Inspector has the same assessment of this application because both involve the development of The Yard campus. A motion was made to refer the project to the MVC as a DRI and continue the hearing until such time as the MVC concludes its review and issues a decision. The motion was seconded and with no further discussion passed unanimously with four in favor.
DAVID HEILBRONER; Article 8 Section 8.3; 147 South Road; Map 17 Lot 9: Ms. Weldon opened the public hearing at 5:55 PM. Ms. Smith reviewed the site plan dated 11/28/18 and the detail plans dated 11/28/18 to reconstruct a pre-existing, non-conforming single-family residence that is currently 1.7 feet over his northwest lot line to a location that is on his property, 10.5 feet from the northwest lot line. The project is in the South Road Roadside District. Chuck H. read the Site Review Committee report for the record along with letters of support from several neighbors. Mr. Steves mentioned he is an abutter and inquired about the area of the current and reconstructed house and asked how high the roof ridge will be. Mr. McGuire said he is the
architect and the current house is 700 sq. ft., the reconstructed house will be about 997 sq. ft. and the roof ridge height will be below 18 feet above grade. Mr. Steves thanked the Board and said he has no issues with what’s proposed. Upon summary discussion the Board determined the changes would not be objectionable or more detrimental to the character of the neighborhood. With no further public comment a motion was made to close the hearing at 6:15 PM. The motion was seconded and unanimously approved. A second motion was made to approve the plans as presented with the condition that unconditional letters of consent from the owners of Map 17 Lots 8.4, 10 and 11 are provided to the Zoning Administrator before obtaining a Building Permit. The motion was seconded. With no further discussion the motion passed unanimously with five in favor.
ADMINISTRATION: The draft October 24, 2018 meeting minutes were reviewed and approved as presented by consensus.
The Board reviewed the latest draft of the pool bylaw amendments (Article 4 Section 4.2A3) dated 11/28/18 and approved them for submission to the Selectmen and Planning Board.
With no further business to conduct the meeting adjourned at 6:30 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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