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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 08/24/16

Present for the Board of Appeals and attending the meeting were Frank LoRusso, Chairman,     Chris Murphy, Vice Chairman, Todd Christy, Wendy Weldon, Russell Maloney and Chuck Hodgkinson.  Also attending were Reid Silva and Tom Carberry.  Allison Burger and Allen Healy did not attend.     

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

TOM CARBERRY FOR AARON AND CARA AHOLA TRUSTEES OF THE AARON AHOLA REVOCABLE TRUST; Article 4 Section 4.2A3; 14 Paddock Circle; Map 11      Lot 28.7:  Mr. LoRusso opened the public hearing at 5:12 PM.  Mr. Carberry reviewed a plan to construct a 20’ X 40’ in-ground swimming pool with the required four-foot high safety enclosure.  The pool will have an air source heat pump to heat the pool water and Eversource green energy will be purchased to offset the power used by the pool-related equipment.  The Board thought the pool’s location met the bylaw specifications but, did not think the pool fence located so deeply into the woods would suffice without significant clearing on both sides of the fence.  The Board also asked the pool-related equipment – other than the air source heat pump which requires sufficient venting on top – be located in an enclosed, sound-insulated shed.  The heat pump could have sound-insulating blankets as proposed around all four sides.  The spa will be heated by a propane heater with a dedicated plumbing system – separate from the pool’s systems.  Chief Norton identified the stand pipe location and signed the site plan.

After much discussion the applicant requested a continuance of the hearing to September 28 at 5:25 PM to provide time to review the Board’s comments with the owner.  A motion was made and seconded to accept the request.  With no further discussion the motion passed unanimously with five in favor.  All five Board members confirmed they will be available for the       September 28 meeting.

REID SILVA FOR JUDITH AND FRANK LORUSSO; Article 4 Section 4.2A3; 377 South Road; Map 25 Lot 54:  Mr. LoRusso recused himself and sat in the audience for his pool application.  Mr. Murphy assumed the Chair for this hearing and asked Mr. LoRusso if he would like to proceed with just four voting members.  Mr. LoRusso said he would like to open the hearing.  Mr. Murphy opened the public hearing at 5:46 PM.  Mr. Silva review a revised site plan dated 8/24/16 to construct a 16’ X 32’ in-ground swimming pool with the required four-foot high safety enclosure in a location that meets the required minimum setback distance from the lot lines.  The pool will have an air source heat pump to heat the pool water.  The power used by all pool equipment will be offset by an existing roof-mounted solar array.  The pool equipment will be located inside a sound-insulated shed on the north side of the existing greenhouse.  The heat pump will be located on the east side of the greenhouse.  The pool is located in the South Road Roadside District and the Site Review Committee report dated 8/24/16 was read for the record.  Mr. LoRusso added he will lower a section of the existing stone wall located between the pool and kitchen to further improve the sight lines.

With no public comment a motion was made to close the hearing at 5:56 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the revised site plan dated 8/24/16 as presented with the condition the Fire Chief must approve the stand pipe location before obtaining a Building Permit.  The motion was seconded and with no further discussion passed unanimously with five in favor.  

BOARD DISCUSSION GUESTHOUSE SPECIAL PERMITS:  Chuck H. reminded the Board of its traffic impact discussion for the guesthouse off Quansoo Road that was permitted at the July 27 meeting.  He distributed a Planning Board policy dated 1995 stating the Planning Board’s desire to review all guesthouse applications against several criteria one of which is the traffic impact of the additional dwelling.  Chuck H. mentioned he regularly distributes the ZBA’s upcoming agenda to all key Town departments – including the Planning Board.  After discussion the Board agreed this issue is outside the ZBA’s jurisdiction and asked Chuck H. to send a memo to the Planning Board explaining the ZBA’s desire for their input on all accessory dwelling special permit applications (both accessory apartments and guesthouses) as outlined in the 1995 policy.  The Board thought the Planning Board’s input would be of great assistance.

ADMINISTRATION:  The July 27, 2016 meeting minutes were reviewed and approved as presented by consensus.

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

The next meeting will be September 28, 2016 @ 5:00 PM.

Respectfully submitted by Chuck Hodgkinson, CAS.

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