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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 05/25/16
FINAL

Present for the Board of Appeals and attending the meeting were Russell Maloney, Chairman,     Todd Christy, Wendy Weldon, Allison Burger, Frank LoRusso and Chuck Hodgkinson.  Also attending were Reid Silva, Dorothy Rodell, Peter Rodegast, Jennie Greene, Rich and Sue Regen, and Jack and Lucy Taylor.  Chris Murphy and Allen Healy did not attend.     

Mr. Maloney opened the meeting at 5:00 PM and appointed alternate member Todd Christy as a voting member for the evening’s agenda.

DOROTHY RODELL; Article 4 Section 4.2A1; 1 Spud Row; Map 16 Lot 5:  Mr. Maloney opened the public hearing at 5:05 PM.  Ms. Rodell reviewed the site plan dated 3/22/16 and floor plans hand-dated 5/25/16 to build a guesthouse on a basement foundation.  The location meets all minimum setback distances from the lot lines and the roof ridge height will not exceed 18 feet above mean, natural grade.  The Site Review Committee report and a letter of endorsement from abutter Jennie Greene were read for the record.  A memo from the Board of Health approving the septic design was also read for the record.  After determining the project meets all the bylaw specifications and with no comment from the public a motion was made to close the hearing at 5:15 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented.  The motion was seconded and with no further discussion passed unanimously with five in favor.

PETER RODEGAST FOR UP-ISLAND, LLC; Article 12 Section 12.4C1 and Article 8 Section 8.3B; 21 Squibnocket Road; Map 35 Lot 24:  Mr. Maloney opened the public hearing at 5:15 PM.  Mr. Rodegast reviewed a site plan dated 4/29/16 and the plans to alter and expand a pre-existing, historic, non-conforming structure in the Squibnocket Pond District.  The elimination of a portion of the current structures and the proposed addition will add a net of         + 45.9 square feet.  Both bylaws were reviewed and it was determined the plan meets the specifications.  The Site Review Committee’s report was read for the record.  The Historical Commission’s letter dated January 28, 2016 was also read for the record.  Among other attributes it specifies the windows on the east and south sides of the historic structure shall be six over six pane windows.  Mr. Taylor said he would like to change the window design to two over one pane windows to maximize the view.  After much discussion the Board agreed to not overrule the Historical Commission.  With no further public comment a motion was made to close the hearing at 5:37 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan dated 4/29/16 with the following special condition:  1. Before obtaining a Building Permit the applicant shall return to the Historical Commission to get approval of the final window design on the east and south sides of the historic structure—6 over 6 panes as outlined in the Historical Commission letter dated 1/28/16 or 2 over 1 pane.  The motion was seconded and passed unanimously with five in favor.   

REID SILVA FOR NEW PROPERTY MV, LLC; Article 4 Section 4.2A3; 34 Brickyard Road; Map 9 Lot 2.4:  Mr. Maloney opened the public hearing at 5:41 PM.  Mr. Silva presented the site plan dated 4/14/15 and the architect’s site plan PHS-100 dated 5/20/16 for a built-in, heated swimming pool with the required four-foot high pool enclosure.  He explained the pool will be heated with an air source heat pump.  All pool equipment will have a separate, dedicated electric meter and the owner will purchase offsetting green energy through the Eversource green energy program.  Mr. Silva continued by pointing out the pool’s location and sight line from the living room and the pool equipment will be located inside the garage.  After brief discussion about the existing fruit trees and other pool attributes and 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 site plan dated 4/14/15 and architect’s site plan PHS-100 dated 5/20/16 with the following conditions:  1. Before obtaining a Building Permit the Fire Chief shall approve the standpipe location.  2.  A dedicated electric meter shall be installed to record the amount of power (KWH) used by all pool equipment including the water handling systems, hot air heat pump and circulator.  3.  The owner shall create a separate account with the Eversource green energy program to purchase the amount of KWH of electricity used by all pool apparatus on an annual basis from this green energy program.  4. Every November 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 decide 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 for the proposed new pool water heating system must be filed for due processing.  7.  The trees and shrubs between the main house and the pool shall be pruned and maintained in a manner that ensures clear sight lines from the house to the pool.  8.  Any trees outside the pool enclosure that are closer than five feet from the pool enclosure shall be limbed in a manner that will prevent gaining access to the pool from the tree and over the fence.  The motion was seconded and with no further discussion passed unanimously with five in favor.

REID SILVA FOR THE MAYHEW-PENICAUD FAMILY LIMITED PARTNERSHIP; Article 6 Section 6.6; 205 State Road; Map 33 Lot 119:  Mr. Maloney opened the public hearing at 5:59 PM.  Mr. Silva reviewed a site plan dated 4/27/16 to build an 8’ X 12’ shed in a location that does not meet the minimum 50-foot setback distance from the south lot line.  It is 22 feet from the line.  The shed is sited in this location because the land topography drops off just past the location which would make it difficult to use the shed for storage.  The project is in the South Road Roadside District.  Mr. Silva pointed out the only abutter within 100 feet of the shed is State Road.  Consequently, the Building Inspector decided a letter of consent from the Mass. Highway Department is not required.  The Site Review Committee report was read for the record.  With no public comment a motion was made to close the hearing at 6:08 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the site plan dated 4/27/16 as presented.  The motion was seconded and passed unanimously with five in favor.
ADMINISTRATION:  The February 24, 2016 meeting minutes were reviewed and approved as presented by consensus.

The Board discussed it is time to rotate the Chairman position.  A motion was made to appoint Mr. LoRusso as Chair and Mr. Murphy as Vice Chair for the next year.  The motion was seconded and passed with four in favor and one abstention (Mr. LoRusso).  

With no further business to conduct the meeting adjourned at 6:15 PM.

Respectfully submitted by Chuck Hodgkinson, CAS.


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