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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 10/20/15
FINAL

Present for the Board of Appeals and attending the meeting were Russell Maloney, Chairman,  Wendy Weldon, Chris Murphy, Allen Healy and Chuck Hodgkinson.  Also attending were Reid Silva, Dennis M. Jason, Gerry Caton, Chris Alley, Joe Wahler, Woody Mitchell, Tom Shockey and Josh Kochin.  Frank LoRusso, Todd Christy and Allison Burger were absent.     

Mr. Maloney opened the meeting at 5:00 PM and appointed Alternate member Allen Healy as a voting member for the evening’s agenda.  He further explained to the applicants that with only four voting members a unanimous vote among all four is required for an approval.  He offered the option to all applicants of postponing to the next meeting when five voters would be present.  All chose to proceed tonight with four.

DENNIS MICHAEL JASON; Article 6 Section 6.9; 14 Ridge Hill Road; Map 11 Lot 46.4 (Nab’s Corner):  Mr. Maloney opened the public hearing at 5:05 PM.  Chuck H. mentioned that this is one of the Nab’s Corner Homesite Lots.  Mr. Mitchell reviewed the site plan of the homesite lot on town-owned land off South Road.  Mr. Jason plans to build a single-family residence.  Chuck H. added the lot is approximately 1.53-acres and the applicant will lease the property from the Town of Chilmark for a 99-year term.  Mr. Maloney asked if the Planning Board released the lot.  Chuck H. confirmed it has.  Mr. Jason said the Board of Health is planning to review the floor plans tomorrow to see if they comply with the septic capacity.  The Site Review Committee report was read for the record.  After reviewing how the plan meets each of the seven homesite lot criteria and with no comment from the public a motion was made to close the hearing at 5:09 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan dated 9/2/15 with the following special conditions:  1. The 99-year ground lease with the Town of Chilmark shall be signed, paid in full with the Board of Selectmen and filed at the Registry of Deeds before work may begin.  2.  The Board of Health shall confirm the floor plan meets the septic requirements before obtaining a Building Permit.  3.  All construction vehicles and materials staging shall be confined to the lot.  4.  All no cut zones as conditioned by the Planning Board and the Land Bank trail easement shall be honored.  The motion was seconded and with no further discussion passed unanimously with four in favor.

GERALD CATON; Article 6 Section 6.9; 11 Ridge Hill Road; Map 11 Lot 46 (Nab’s Corner):  Mr. Maloney opened the public hearing at 5:10 PM.  Chuck H. also mentioned that this is one of the Nab’s Corner Homesite Lots.  Mr. Caton reviewed the site plan of the homesite lot on town-owned land off South Road on which he will build a single-family residence.    Chuck H. added the lot is approximately 1.1-acres and the applicant will lease the property from the Town of Chilmark for a 99-year term.  Chuck H. confirmed the Planning Board has released the lot and said the Board of Health has approved the septic plan.  The Site Review Committee report was read for the record.  After reviewing how the plan meets each of the seven homesite lot criteria and with no comment from the public a motion was made to close the hearing at   5:16 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan dated 12/11/14 with the following special conditions:  1. The 99-year ground lease with the Town of Chilmark shall be signed, paid in full with the Board of Selectmen and filed at the Registry of Deeds before work may begin.  2.  All construction vehicles and materials staging shall be confined to the lot.  3.  All no cut zones as conditioned by the Planning Board and the Land Bank trail easement shall be honored.  The motion was seconded and with no further discussion passed unanimously with four in favor.

CHRIS ALLEY FOR ALAN RAPPAPORT; Article 6 Section 6.11B2; 61 Hammett Road; Map 9 Lot 5:  Mr. Maloney opened the public hearing at 5:20 PM.  Mr. Alley reviewed the site plan dated 9/4/15 to add approximately 97 sq. ft. of living space to the existing single-family residence with 5,310 sq. ft. of living space.  The total area of living space on the 3.2-acre parcel with the addition will be 5,407 sq. ft.  The maximum allowable area by Special Permit is 6,000 sq. ft.  The project is in the Vineyard Sound Coastal District.  He added the roof ridge will be approximately 13 feet above grade.  The Site Review Committee report was read for the record.

Mr. Shockey proceeded to address each of the thirteen criteria outlined in the bylaw under this article.  The Board assessed each as follows:  1.a.b.  This is a fill in of space and the existing roof ridge lines shall be followed.  1.c.  Exterior sconces shall be installed in accordance with code requirements.  2., 3.  There will be a sonotube foundation.  4.  Meets the criteria.  5. N/A.  6.  The roof ridge will be approximately 13 feet above grade.  7.  N/A.  8.  Only one flowering tree will be removed for the addition.  9.  The project complies.  10.  The new windows will meet the energy efficiency code requirements.  11.  The footprint disturbance will be minimal because of the sonotube foundation.  12.a.  Meets the NHESP exemption criteria.  12.b.  N/A as the addition is on existing lawn area.  13.  N/A.  With no public comment a motion was made, seconded and unanimously approved to close the hearing at 5:30 PM.  A subsequent motion was made to approve the application and site plan dated 9/4/15.  The motion was seconded and with no further discussion passed unanimously with four in favor.

REID SILVA FOR BILLY MEEGAN FOR STUART KATZ & JANE MARTIN; Article 6 Section 6.6; 1 North Ridge Rd.; Map 18 Lot 30:  Mr. Maloney opened the public hearing at 5:31 PM.  Mr. Silva reviewed a site plan 9/22/15 to construct a screened porch in a location that is approximately 38 feet from the west lot line.  This location does not meet the minimum 50-foot setback distance from the lot line. The project is in the Meetinghouse Road and Tiasquam River District.  The letter of consent for the porch from the abutter whose lot is within 100 feet of the planned porch was read for the record.  A letter from the Meetinghouse Road Association in support of the project was read for the record.  The Site Review Committee report was also read for the record.  The porch will have a slab-on-grade, frost wall foundation.  Mr. Silva confirmed the architect (Hugh Weisman) said the porch will have screens and no window inserts.  With no public comment a motion was made to close the hearing at 5:35 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan dated 9/22/15 and plans with the following special conditions:  1.  The porch shall only have screened windows.  2.  The porch shall not be enclosed for four-season use without first returning to the Zoning Board of Appeals.  The motion was seconded and passed unanimously with four in favor.

JOE WAHLER FOR 3SDS, LLC C/O FAIN HACKNEY; Article 4 Section 4.2A3;            11 Round Pond Rd.; Map 35 Lot 1.4:  Mr. Maloney opened the public hearing at 5:40 PM.  Mr. Wahler reviewed the plan dated 10/1/15 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.  The project is in the Squibnocket Pond District.  The pool’s edge will be four feet above grade and have a smooth veneer to prohibit climbing.  An 18” gutter for water overflow from the infinity pool will be on the west side of the pool.  The Board asked if this will be outside the pool enclosure and the applicant confirmed that is the plan.  After much discussion and as offered by the applicant a grate can be installed over the gutter and 1” below the water’s surface to mitigate the Board’s safety concerns.  He added the gutter will be drained in the off-season when the pool is not in use.  Mr. Wahler said the stand pipe location on the southeast corner was approved by the Fire Chief.  The water heater will be a forced hot air system.

The Site Review Committee report was read for the record along with a letter of consent from the Squibnocket Farm Architectural Review Committee.  The Board had serious reservations about the sight lines to about 1/3 of the pool.  It is screened by a bedroom wing.  The applicant offered to install a Closed Circuit TV (CCTV) system to help mitigate this concern.  Much discussion ensued about this feature and the possibility of including an alarm.  With no public comment a motion was made to close the hearing at 6:17 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans dated 10/1/15 with the following special conditions:  1. 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.  2.  The four-foot high pool enclosure shall be from the top of the grate to the top of the pool edge.         3.  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.  4.  The contractor shall contact the ZBA Administrator to schedule a demonstration of the pool safety measures and systems after they are installed and operable.  The motion was seconded and passed unanimously with four in favor.

ADMINISTRATION:  The September 23, 2015 meeting minutes were reviewed and approved as presented by consensus.

The next planned meetings will be—if applications are received:

Tuesday, November 17, 2015 @ 5:00 PM (not November 25) and,
Thursday, December 17, 2015 @ 5:00 PM (not December 23).

With no further business to conduct the meeting adjourned at 6:21 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.


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