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Zoning Board of Appeals Minutes 06/05/19
FINAL

Present for the Board of Appeals and attending the meeting were Russell Maloney, Chairman,  Wendy Weldon, Allison Burger, Joe Chapman and Chuck Hodgkinson.  Reid Silva,             David White, Keith Lagreze, Alison Manning, Ali Geroche, Cloe Jones, Rise Terney,             Wiet Bachelor and Kris Horiuchi also attended.  Frank LoRusso, Chris Murphy and Joan Malkin did not attend.     

The meeting came to order at 4:00 PM.  Mr. Maloney confirmed all members present are eligible voters and explained a unanimous decision is required to pass a motion.  He further explained the Martha’s Vineyard Commission (MVC) has issued its decision on the Development of Regional Impact (DRI) for this project which now enables the Town to complete its permitting process.
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:  Mr. Maloney opened the public hearing at 4:03 PM.  Mr. Silva explained the project and bylaw applications as follows while referring to the site plan dated 3/26/19 and the Horiuchi Landscape plan dated 2/20/19:  Under Article 8 Section 8.3 is for the expansion and alteration of a pre-existing, non-conforming structure and use. The structure is currently and will continue to be used as a 4-bedroom dwelling and dance/performing arts theatre.  The current structure ranges from approximately 4 feet to 16 feet from the east lot line.  The closest part of the new addition will be approximately 16 feet from the east lot line.  Under Article 6 Section 6.6 the southeast corner of the addition will be approximately 19 feet from the east lot line and less than the        25-foot minimum setback distance.  The renovated portions of the existing structure will be the same distances from the east lot line as the current structure.  Under Article 6 Section 6.11 the total living area on the lot will increase from 1,281 sq. ft. to 3,569 sq. ft.  The proposed living area is + 471 sq. ft. above the amount requiring a Special Permit.  The maximum living area requiring a Special Permit and allowed for the 1.39-acre parcel is 5,597 sq. ft.  The project is in the Middle Road Roadside District.  

Mr. Silva added there were no changes to the proposed structures and parking plan than what was reviewed when the hearing was originally opened.  The water drainage systems were clarified during the MVC review.  Chuck H. read the letter of consent for setback relief from the neighbor whose property is within 100 feet of the structure.  After discussion of the MVC conditions for approval and with no public comment a motion was made to close the hearing at 4:10 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 project shall comply with all conditions outlined in the Martha’s Vineyard Commission decision for DRI 689 approved on May 16, 2019.  2.  Construction fencing shall be placed on The Yard’s property along the entire length of the east lot line for Map 26 Lot 91 that is shared with Map 26 Lot 90 to contain all construction activity and debris to Lot 91.  3.  Special care shall be taken to protect and preserve the trees on Lot 90 along this border line.  The motion was seconded and passed unanimously with four in favor.  


REID SILVA FOR THE YARD, INC.; Article 8 Section 8.3 and Article 6 Section 6.6;          # 6 The Yard; Map 26 Lot 95:  Mr. Maloney opened the public hearing at 4:12 PM.  Mr. Silva reviewed the plans for Lot 95 from the same two previous site plans.  Under Article 8 Section 8.3 is to allow the expansion and alteration of a pre-existing, non-conforming use.  The use will change from an artist’s dwelling to an office and rehearsal area.  Under Article 6 Section 6.6 the altered structure will be approximately 11.8 feet from an interior lot line and less than the minimum 25-foot setback distance from this lot line.  He further pointed out the Yard (applicant) is the only abutter whose property is within 100 feet of the structure.  Mr. Silva then referred to the MVC conditions from the same DRI decision.  The Board discussed this segment of the project.  With no public comment a motion was made to close the hearing at 4:20 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented with the following special conditions:  1. The project shall comply with all conditions outlined in the Martha’s Vineyard Commission decision for DRI 689 approved on May 16, 2019.  The motion was seconded and with no further discussion passed unanimously with four in favor.  

With no further business to conduct the meeting adjourned at 4:25 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.