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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 12/17/15
FINAL

Present for the Board of Appeals and attending the meeting were Russell Maloney, Chairman,   Frank LoRusso, Vice Chairman, Chris Murphy, Todd Christy, Wendy Weldon, Allison Burger and Chuck Hodgkinson.  Also attending were Chris Alley, John Eisner, Molly Glasgow, Mike Spangler, Kris Horiuchi and Marc Villa.  Allen Healy was absent.     

Mr. Maloney opened the meeting at 5:00 PM.  

JOHN EISNER; Article 4 Section 4.2A1; 4 Old North Rd.; Map 26 Lot 121:  Mr. Maloney opened the public hearing at 5:05 PM.  Mr. Eisner reviewed the site plan dated 3/29/11 to convert an existing 509 sq. ft. barn into a guesthouse by adding a kitchen.  The roof ridge height is approximately 20 feet above grade.  Mr. Eisner also reviewed a memo from the Board of Health approving the septic.  It is a 6-bedroom septic with only four bedrooms in use.              Mr. Eisner further explained that his total living area on the 4.7-acre lot is below the trigger threshold for Article 6 Section 6.11.  With no public comment a motion was made to close the hearing at 5:10 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan dated 3/29/11 and the floor plan dated 12/17/15 as presented.  The motion was seconded and with no further discussion passed unanimously with five in favor.  

RUSSELL MALONEY AND JAY SCHMIDT; Article 4 Section 4.2A2; 245 North Rd.; Map 13 Lot 8:  Mr. Maloney recused himself and sat in the audience.  Mr. LoRusso assumed the Chair and appointed Alternate member Todd Christy as a voting member.  The public hearing was opened at 5:15 PM.  Mr. Maloney reviewed the site plan dated 11/19/01 and explained he would like to convert an existing 1,000 sq. ft. dwelling into an accessory structure to the main house.  The structure will be used for a home-based real estate business.  Customers will be directed to park in the main house’s existing garage.  Mr. Maloney proceeded to review each specification outlined in the bylaw as follows: a. okay. b. okay as 1/3 of the first floor is for the home business.  The remaining area in the structure is for storage. c. okay as the structure was built in the 1950’s. d. okay because he is planning to plant additional trees and shrubs.  e. okay because his customers will be directed to the property’s main entrance and will park in the existing garage.  f. there is no outdoor storage.  g. none. h. no erosion will take place. i. there will be no water or air pollution caused by the business. j. there is no change to the exterior of the structure. k. no changes. l. okay.  The Board agreed the proposal meets all the criteria.  The Board further commented that if Mr. Maloney wishes to change the customer parking plan at some time in the future he should return to the Board.  Mr. Maloney agreed.

The Site Review Committee report was read for the record.  With no public comment a motion was made to close the hearing at 5:25 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan as presented and dated 11/19/01 with the following special condition:  Any outdoor signage shall comply with the Town’s outdoor signage regulations. The motion was seconded and with no further discussion passed unanimously with five in favor.

CHRIS ALLEY FOR ERIC GLASGOW; Article 4 Section 4.2A3; 22 South Rd.; Map 11 Lot 52:  Mr. Maloney opened the public hearing at 5:26 PM.  Mr. Alley reviewed a revised site plan dated 12/17/15 and a revised Horiuchi site plan L3.0 dated 12/16/15.  The plan calls for constructing an 18’ X 36’ heated, built-in swimming pool with the required four-foot high pool enclosure in the South Road Roadside District.  The pool equipment will be located inside the existing spa building.  Mr. Alley pointed out the following attributes of the plan:  1. The pool is viewed directly from the kitchen.  2.  The pool equipment will be housing in an existing building and sound insulation will be installed on the north side of the spa enclosure.  3.  Two doors entering the pool area will be alarmed.  4.  The property’s existing geo-thermal HVAC system will heat the pool water and the existing extensive solar arrays on the property more than compensate for the power used by the pool equipment.  A letter dated 12/16/15 from Allied Engineering confirmed this data.  5.  The stand pipe location does not yet have Fire Chief approval.

The Site Review Committee report was read for the record.  At the Board’s request the planting bed in front of the kitchen windows will be trimmed such that the vegetation will not obscure the view to the pool.  Ms. Horiuchi reviewed the revised pool enclosure details.  The Board asked if the pool enclosure could be moved closer to the pool limits.  Ms. Horiuchi explained why it located as shown.  The Board thanked Ms. Glasgow for attending the hearing as home owners rarely attend their hearings.  With no public comment a motion was made to close the hearing at 5:41 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the Schofield site plan dated 12/17/15 and the Horiuchi site plan L3.0 dated 12/16/15 with the following special condition:  The Fire Chief shall approve the standpipe location before obtaining a Building Permit.  The motion was seconded and with no further discussion passed with four in favor and one abstention (Mr. Murphy).

CHRIS ALLY FOR MARC VILLA; Article 4 Section 4.2A3; 11 Howell Lane; Map 27       Lot 4.1:  Mr. Maloney opened the public hearing at 5:45 PM.  Mr. Alley summarized the site plan dated 11/2/15 and the shed details dated 10/29/15 to construct a 20’ X 40’ heated, built-in swimming pool with the required four-foot high pool enclosure.  The pool equipment will be located inside a sound-insulated shed.  He added the Conservation Commission approved the plan and Chuck H. read the Commission’s special conditions for the record.  Mr. Alley said the TV room and dining room face the pool and the existing garden fence will be replaced with a code compliant pool enclosure as shown on the plan.  A sound insulated pool equipment shed    (9’ X 9’) will be built and the hydrant location has not yet been approved by the Fire Chief.

Mr. Alley said a dedicated electric meter will be installed for all pool equipment and the owner plans to purchase renewable energy through the Eversource Renewable Energy program to offset the pool equipment power needs.

The Board asked where the dry well is located as outlined in the Conservation Commission special conditions.  Mr. Villa said there is an eight-foot deep dry well with a rock base dug under the outdoor shower.  With no public comment a motion was made to close the hearing at         5:51 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented and dated 11/2/15 and 10/29/15 with the following special conditions:  1. The Fire Chief shall approve the standpipe location before obtaining a Building Permit.  2.   The Conservation Commission special conditions shall be met.  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 described have been purchased.  5.  If the ZBA determines the owner has not complied with these conditions the ZBA shall determine appropriate actions that must be taken 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 with no discussion passed unanimously with five in favor.      
    
ADMINISTRATION:  The October 20, 2015 meeting minutes were reviewed and approved as presented by consensus.

The FY 2017 budget was reviewed and unanimously approved as presented.

With no further business to conduct the meeting adjourned at 6:00 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.


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