FINAL
Present for the Board of Appeals and attending the meeting were Wendy Weldon, Chairman, Chris Murphy, Frank LoRusso, Russell Maloney, Joan Malkin and Chuck Hodgkinson. Reid Silva, George Sourati, Elise Elliston, Matt Flanders, Paul Hornblower, David Damroth, Barbara Lee, Stanley Startzell, Andy Neuberger, Eric Dori, Chris Alley, Phil Regan, Jesse Dutra, Graham and Judy Flanders, Maureen Flanders and Greg Whiting also attended. Allison Burger and Joe Chapman did not attend.
Ms. Weldon opened the meeting at 4:02 PM. Ms. Weldon appointed Alternate member Ms. Malkin as a voting member for the evening’s agenda.
CONTINUED PUBLIC HEARING 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 continued public hearing at 4:05 PM and confirmed all five board members are eligible voters. 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. 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.
Chuck H. read the opinion from Town Counsel stating a pool is eligible to apply for setback relief under Article 6 Section 6.6 because it is defined as a structure. The two required letters of consent from abutters whose property lines are within 100 feet of the structure were read for the record. A third letter from attorney George Brush for the owner stated he believes the pool complies with the bylaw specifications under Article 6 Section 6.6. There was much discussion among the Board regarding the interpretation of the setback relief bylaw and the expressed pool specifications for a 50-foot setback distance from a lot line. It was pointed out the minimum setback for any structure on a 3-acre parcel is also 50 feet and that property owners have regularly applied for setback relief under
Article 6 Section 6.6.
With no public comment a motion was made to close the hearing at 4:25 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. In addition to alarming the doors from the house to the pool area, as offered by the applicant the first floor windows facing the pool shall also be alarmed. 2. The Fire Chief shall approve the stand pipe location before obtaining a Building Permit. 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 a green energy program offered by one of three utility companies
has 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 and passed with four in favor and one opposed (Mr. Murphy).
REID SILVA FOR WENDY WELDON; Article 4 Section 4.2A3; 18 Austin Pasture; Map 35 Lot 2: Ms. Weldon recused herself and sat in the audience. Mr. LoRusso was appointed as acting Chair for this hearing which opened at 4:28 PM. Mr. Silva reviewed the site plan dated 1/9/19 to construct 22’ X 46’ in-ground swimming pool and pool enclosure in a location that meets the minimum 50-foot setback distance from the lot lines. The pool equipment will be located in a sound-insulated shed. The pool water will be heated with an air source heat pump. The power for the pool equipment will be offset with green energy purchased through one of utility companies. The project is in Zone D of the Squibnocket Pond District. Mr. Silva reviewed a
narrative outlining how the pool addresses each of the pool specifications in the bylaw. He added there will be no vegetation within five feet of the pool enclosure. He also outlined a proposed new lot line and confirmed the pool will still comply with the 50-foot setback distance from the new lot line. The Board asked if an automatic pool cover could be installed. Ms. Weldon agreed. The Site Review Committee and Squibnocket Pond District Advisory Committee reports were read for the record.
Abutter David Damroth expressed concern over pool noise from children and asked if additional cedar screening could be installed between the pool and Barbara Lee’s property.
With no further public comment a motion was made to close the hearing at 4:50 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the following special conditions: 1. The pool shall have an automatic pool cover. 2. The Fire Chief shall approve the stand pipe location before obtaining a Building Permit. 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 a green energy program offered by one of three utility companies has 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. 7. The applicant shall return to the Board with a landscape plan for approval before obtaining a Building Permit. The motion was seconded and passed unanimously with four in favor.
CHRIS ALLEY FOR ANDREW AND TRACEY NEUBERGER; Article 6 Section 6.11; 30 Flanders Lane; Map 26 Lot 30.1: Mr. Alley asked the Board if he could go out of turn and ahead of Mr. Sourati’s hearings. Mr. Sourati approved the change and Ms. Weldon opening the public hearing at 4:53 PM. This rescheduling is allowed as the hearing was opened after its published start time. Mr. Alley thanked Mr. Sourati. The Board welcomed Mr. Neuberger to Chilmark and thanked him for attending the hearing. Mr. Regan said the designs have changed slightly and the corresponding living area calculations are slightly different. Mr. Alley proceeded to review the site plan dated 12/20/18 to tear down a dwelling with 3,995 sq. ft. of living area on a 4.73-acre parcel and
build a new dwelling with 4,786 sq. ft. (not 4,618 sq. ft. as originally estimated). The total living area of the new dwelling is now +853 sq. ft. (not + 685 sq. ft.) above the amount requiring a Special permit of 3,933 sq. ft. The total allowable living space on the parcel with a Special Permit is 6,433 sq. ft. Mr. Regan reviewed the floor plans A-101, A102 dated 11/15/18 and elevations A-200. The Board asked if the “Barn” on the site plan is an agricultural barn. Mr. Alley said no, it’s a garage. The Board said to correctly label future plans because the bylaws regulate agricultural barns differently than other structures. Mr. Alley reviewed a narrative on how the plans meet the criteria outlined in the bylaw as follows: 1. As this is a renovation to an existing structure, building siting and footprint are existing to
remain; however, the proposed design looks to blend into the surrounding vernacular with the following measures: reducing the ridge height by 6” (Existing ridge is 24’-5” from M.A.G.); reducing the overall visual mass by shortening continuous ridge lengths; changing roof design from gambrel to gable. Existing growth along Flanders Lane is to remain and wetland setbacks have been met. New landscape elements have been considered on the west (view) side to provide some screening while retaining views to the pond. Windows and doors have been grouped, sized and located to reduce the visual impact from the exterior while providing gracious interior views. Grouped windows in the Dining Room and Master Bedroom are set back under roofs to reduce glare. Exterior lighting shall consist of shielded fixtures such that bulbs are not directly visible from adjacent properties or public rights-of-way. 2. The size and density of the existing grove of trees along the driveway
has been increased and an existing boulder used as a focal point. No existing trees are intended to be removed. 3. The majority of the western facing slope is and will remain uncut native grass. The size of the existing lawn will not be increased. 4. The proposed Family Room addition occupies an existing driveway created by a retaining wall that disrupts existing grade adjacent to the structure. Grade will be brought into a MORE natural contour after the project is completed. 5. The driveway will retain its existing connection to Flanders Lane and follow natural contours as it curves along the south property line. The proposed driveway is reduced in length by terminating at a parking court on the south end of the structure. The existing turnaround section of the driveway will be brought back to a natural landscape. 6. See #1 response, proposed design ridge is 6” lower than existing. 7. The existing building is sited against the
backdrop of adjoining woodlands. The new Barn is sited within an existing grove
that is intended to be enlarged with additional native plantings. 8. Two wetland setbacks
(east and west) are adhered to and all large trees are to remain. To the best of our knowledge, no historic spots or traditional stone walls exist on the property. 9. The project incorporates measures to reduce or mitigate excessive negative water quality impacts on ponds, wetlands and other water bodies both during construction and after completion; See special condition; 10. The project is designed to minimize fossil fuel use such as by incorporating energy efficiency, conservation techniques, and using renewable energy sources. See special condition. 11. As this project is a renovation, much of the existing interior elements will be harvested for reuse or donation. 12. N/A. 13. N/A.
The Board questioned the response to # 9 and asked if an enhanced septic system can be installed. Mr. Alley said the current septic capacity is 5 bedrooms and the bedroom count will not increase. There was much discussion regarding how to regulate this specification and what is or is not within the Zoning Board’s jurisdiction. The Board also questioned # 10 and asked if a form of alternative energy is planned for the structure. Mr. Alley said there is a possibility solar panels could be added to the garage roof. Mr. Neuberger agreed to consider a plan.
Abutter Stanley Startzell commented the changes are a significant improvement to the visual impact of the current structure. 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 plans as presented with the following special conditions: 1. Before obtaining a Building Permit the Board shall approve a solar energy plan (criteria # 10) and a proposal for septic nitrogen reduction for consideration by the Board of Health (criteria # 9). The motion was seconded and with no further discussion passed unanimously with five in favor.
GEORGE SOURATI FOR PAUL HORNBLOWER; Article 4 Section 4.2A3, Article 11 Section 11.6A2d5 and Article 12 Section 12.4 D1; 51 Squibnocket Farm Rd.; Map 35 Lot 1.3: Ms. Weldon thanked Mr. Sourati for allowing Mr. Alley to go ahead of him and opened the public hearing at 5:32 PM. Mr. Sourati reviewed the site plan dated 10/23/18 to construct a 20’ X 40’ in-ground swimming pool with an automatic, retractable cover; the required safety enclosure and sound-insulated pool equipment shed. The pool water will be not have an auxiliary water heater. The project is in zone D of the Squibnocket Pond District. Mr. Sourati added the vegetation will be at least five feet from the pool enclosure. The Board discussed the site visit
observations 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 plan as presented with the following special conditions: 1. The vegetation outside the pool enclosure shall be at least five feet from the fencing. 2. The Fire Chief shall approve the stand pipe location before obtaining a Building Permit. The motion was seconded and passed unanimously with five in favor.
GEORGE SOURATI FOR DAVID AND BETSY EPSTEIN Article 4 Section 4.2A3; 58 Hammett Rd.; Map 9 Lot 4: Ms. Weldon opened the public hearing at 5:45 PM. Mr. Sourati reviewed the site plan L1.01 dated 10/19/18 to construct an in-ground swimming pool with the required safety enclosure. The pool’s water circulation equipment will be located in an underground vault. The pool water will be naturally treated by adaptive and native plant species located in a regeneration zone near the pool. The pool will not have an automatic retractable cover and the water will not be artificially heated.
The Board commented that the pool’s current location does not meet the safety sight line requirements as outlined in the bylaw. The Board added this is a site-specific concern for this proposal. After further discussion Mr. Sourati requested the hearing be continued to February 27, 2019 @ 4:05 PM to provide time to consider alternative pool locations. A motion was made and seconded to approve the request. The motion passed unanimously with five in favor.
ELISE ELLISTON FOR ALLEN FLANDERS; Article 8 Section 8.3; 2 Cove Way; Map 26 Lot 30.2: Ms. Weldon opened the public hearing at 6:03 PM. Ms. Elliston reviewed the site plan dated 1/2/19 and elevations dated 12/31/18 to change the use of existing storage and equipment space to living space in a pre-existing, non-conforming structure with a roof ridge height that is greater than 24 feet above grade and is less than the minimum 50-foot setback distance from the east lot line on a 3.03-acre parcel. An addition will be constructed of a second floor screened porch over a screened patio with decking and stairs. She added the total living area will be less than 3,500 sq. ft. and said the Board of Health has approved the floor plans. The site visit observations were discussed and
with no public comment a motion was made to close the hearing at 6:14 PM. The motion was seconded and unanimously approved. A second motion was made to approve the plans as presented. The motion was seconded and with no further discussion passed unanimously with five in favor.
ADMINISTRATION: The draft December 12, 2018 meeting minutes were reviewed and approved as presented by consensus.
The draft 2018 annual report was reviewed and unanimously approved by consensus.
With no further business to conduct the meeting adjourned at 6:30 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
| 