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Zoning Board of Appeals Minutes 05/22/19
FINAL

Present for the Board of Appeals and attending the meeting were Russell Maloney, Chairman, Frank LoRusso, Vice Chairman, Chris Murphy, Wendy Weldon, Joan Malkin, Joe Chapman and Chuck Hodgkinson.  Chris Alley, Spencer Thurlow, Brad Gandrup, Moira Fitzgerald,         George Sourati, Tom and Helen Porter, Sarah Bernard, Weston Halkyand, John Dougherty,   Greg Ehrman, Kris Horiuchi and Mark Hurwitz also attended.  Allison Burger did not attend.     

The meeting came to order at 4:00 PM.  Mr. Maloney appointed alternate member Mr. Chapman as a voting member for the evening’s agenda as he attended the previous day’s site visits.

Chuck H. explained the MVC decision for The Yard’s two Special Permit applications to expand the campus just arrived.  He distributed copies of the October 28, 2018 meeting minutes and the MVC decision to Members Maloney, Weldon and Chapman and added Allison Burger is the fourth eligible voter.  He suggested scheduling a special meeting for these two continued hearings and said the abutters will be re-notified.  The Board agreed to schedule the continued hearings for Wednesday, June 5 starting at 4:00 PM.  Chuck H. said he will take care of the logistics.

BRAD GANDRUP; Article 6 Section 6.6; 16 Valley Lane; Map 3 Lot 50:  Mr. Maloney opened the public hearing at 4:05 PM.  Mr. LoRusso explained he sold this property to the previous owner and had no opportunities for financial gain from the outcome of this petition.  Mr. Gandrup reviewed a site plan dated 3/18/19 to install an auxiliary generator in a location that does not meet the minimum 50-foot setback distance from the lot lines.  The generator will be approximately 11 feet from the southwest lot line and 17 feet from the southeast lot line.      Chuck H. said the required letters of consent from the three abutters whose properties are within 100 feet of the generator (Lots 43, 51 and 52) have been received and they were entered into the record.  With no public comment a motion was made to close the hearing at 4:10 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented while advising Mr. Gandrup of the Town’s mechanical noise zoning bylaw – Article 5 Section 5.9.  The motion was seconded and with no further discussion passed unanimously with five in favor.

MOIRA FITZGERALD FOR TOM AND HELEN PORTER; Article 6 Section 6.3;           82 Menemsha Crossroad; Map 26 Lot 34:  Mr. Maloney opened the public hearing at          4:11 PM.  The Board welcomed the owners Tom and Helen Porter as introductions were exchanged.  Ms. Fitzgerald reviewed the site plan dated 1/14/19 and elevations dated 3/20/19 to renovate and expand a pre-existing, non-conforming structure on a non-conforming lot. The existing non-conforming roof ridge height of approximately 18’ 9” will be increased to approximately 20’ 9” above mean, natural grade.  She added the house was built in 1941.  The project is in the Menemsha Crossroad Roadside District.  Ms. Fitzgerald then explained the plans were revised per the Site Review Committee’s suggestion to be consistent with the architectural features of a house built in Chilmark before 1850—as outlined in the bylaw.  She then pointed out the salient roof pitch and other similarities to the Captain Flanders Cape on North and Menemsha Crossroads.  Chuck H. read the Site Review Committee’s report for the record which deemed the architectural features as being consistent with the Captain Flanders House, cape design.  The Board asked if the bedroom count will change and Ms. Fitzgerald said there are three bedrooms and the count will not change.  She has not yet met with the Board of Health.  Mr. Porter thanked the Board for its consideration and said this has been a long design process.  With no further public comment a motion was made to close the hearing at 4:21 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the plans as presented with the following special condition:  1. The applicant shall obtain Board of Health approval of the new floor plans before obtaining a Building Permit.  The motion was seconded and passed unanimously with five in favor.

CHRIS ALLEY FOR SPENCER THURLOW; Article 11 Section 11.6B.2.a. and Article 8 Section 8.3; 25 State Road; Map 30 Lot 79.3:  Mr. Maloney opened the public hearing at     4:27 PM and welcomed Mr. Thurlow to the meeting.  Mr. Alley review the site plan dated 3/18/19 and elevations dated 4/15/19 to remove a pre-existing, non-conforming 1-bedroom, 1,022 sq. ft. dwelling and replace it with a 1,167 sq. ft. dwelling on a 3-acre lot. The new dwelling will be 32 feet from the east lot line with a roof ridge height of less than 18 feet above grade.  An existing 60 sq. ft. shed will be replaced with a 100 sq. ft. shed located 11 feet from the east lot line.  The project is in the State Road Roadside District.  He added the property is deed restricted to only support a one-bedroom dwelling.  He also explained the property is regulated as a zoning shore zone because the wetland and Mill Brook drain into a Coastal Great Pond (Chilmark Pond).  Consequently, the maximum expansion allowed is 250 sq. ft. of space.  This plan adds a net of 245 sq. ft.  He also explained the current house does not meet the minimum 50-foot setback distance from the lot line and the plan meets the specification in Article 8 Section 8.3 as the new house is 32 feet from the same lot line.  The roof ridge height will not exceed 18 feet above grade.  Chuck H. read the Site Review Committee report for the record and added the Conservation Commission has also permitted the plan.  With no public comment a motion was made to close the hearing at 4:34 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the plan as presented.  The motion was seconded and passed unanimously with five in favor.

GEORGE SOURATI FOR BEETLEBUNG ROAD, LLC; Article 4 Section 4.2A3;             33 Beetlebung Road; Map 20 Lots 34, 35:  Mr. Maloney opened the public hearing at 4:35 PM.  The Board welcomed Ms. Bernard to the meeting.  Mr. Sourati reviewed the site plan dated 4/18/19 to replace an existing built-in swimming pool with a 20’ X 44’ built-in swimming pool and surrounding deck. A separate 14’ X 82’ built-in lap swimming pool will also be constructed and all structures will meet the minimum 50-foot setback distance from the lot lines.  Both pools will be heating with air-source heat pumps.  The pool equipment for both pools will be located in an underground vault.  A four-foot high pool enclosure will be placed around both pools and use one wall of an existing garage as part of the enclosure.  The power from the pool equipment will be offset with 28 solar panels mounted on the garage roof.  The Board reviewed the narrative    Mr. Sourati prepared explaining how the proposal meets each of the bylaw specifications.        Ms. Horiuchi reviewed the Site Plans Ex. 1.1 and L1.1 dated 4/16/19.  She added there will no climbable vegetation within 4 feet of the outside of the pool enclosure or four-foot high retaining wall that is a part of the enclosure.  The Board emphasized the gate latches must meet the building code specifications for pool enclosures.  Ms. Horiuchi presented the engineering report calculations that estimate all pool equipment will use 9,987 KWH of power per year and the photo-voltaic panels will generate 10,894 KWH of power per year.  In discussion Mr. Chapman explained it would be very difficult to have the stand pipe plumbed to drain both pools.  The Board agreed.  Chuck H. read three letters from abutters who support the plan.  There were no dissenting letters.  With no public comment a motion was made to close the hearing at 4:53 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented with the special condition:  1. The Fire Chief shall approve the stand pipe location for the recreation pool only before obtaining a Building Permit.  A stand pipe is not required for the lap pool.  The motion was seconded and with no further discussion passed unanimously with five in favor.   

ADMINISTRATION:  The draft April 24, 2019 meeting minutes were reviewed and approved as presented by consensus.  

With no further business to conduct the meeting adjourned at 4:53 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.