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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 09/28/16

Present for the Board of Appeals and attending the meeting were Frank LoRusso, Chairman,     Chris Murphy, Vice Chairman, Todd Christy, Wendy Weldon, Allison Burger, Russell Maloney and Chuck Hodgkinson.  Tom Carberry, Jim and Joan Malkin, Debbie Lochridge, Joan Hughes, Edward Grazda and Valerie Sonnenthal also attended.  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 as needed.

JOAN HUGHES FOR THE MALKIN REAL ESTATE TRUST; Article 4 Section 4.2A1; 10 Tilton Cove Way; Map 25 Lots 124, 125:  Mr. LoRusso announced he is an abutter for this project and appointed Mr. Christy as a voting member.  Mr. Murphy assumed the Chair and opened the public hearing at 5:05 PM.  Ms. Hughes presented a site plan, floor plan and elevations dated 5/1/16 to build an 800 sq. ft. 2-bedroom guesthouse on Lot 124 in a location that meets the minimum 50-foot setback distances from the lot lines.  The roof ridge will be less than 18 feet above mean, natural grade.  The project is in the South Road Roadside District.          Chuck H. read the Site Review Committee report and a memo from the Board of Health with the septic plan approval for the record.  Mr. Murphy opened the hearing to public comment.          Ms. Lochridge mentioned she is an abutter across Tilton Cove Way on Lot 130 and read a letter dated 9/28/16 for the record objecting to the guesthouse.  The Board discussed the comments raised in the letter and said the area around the guesthouse is heavily vegetated.  Ms. Malkin added that only 10 feet will be cleared on the east and west sides of the house after construction is completed to provide maximum screening.  With no further 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 plan as presented and dated 5/1/16.  The motion was seconded and passed unanimously with five in favor.  
EDWARD GRAZDA; Article 6 Section 6.6; 11 Peaked Hill Pasture; Map 20 Lot 47.6:      Mr. LoRusso opened the public hearing at 5:26 PM.  Mr. Grazda reviewed a site plan dated 9/28/16 to install a 20 KW auxiliary generator in a location that does not meet the minimum 50-foot setback distance from the lot line.  The generator will be approximately 34 feet from the west lot line.  With no public comment Chuck H. read the letter of consent from the abutter whose lot line is within 100 feet of the generator.  The Board reviewed the letter and said they cannot accept a letter of approval with the conditions outlined.  Mr. Grazda understood and requested a continuance to the October 26 meeting @ 5:50 PM to provide time to get a new letter of consent without conditions.  A motion was made and seconded to accept the request.  The motion passed unanimously with five in favor.

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 mentioned the eligible voters are he, Ms. Weldon and Messrs. Murphy, Christy and Maloney and then opened the continued public hearing at 5:35 PM. Mr. Carberry reviewed a revised plan dated 8/29/16 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.  He added the owners agreed to amend the plan to meet all of the Board’s concerns outlined at last month’s meeting.  The spa will be heated from an exclusive plumbing system that is separate from the pool’s electric hot air heat pump system.  The new fence location was moved out of the woods and sound-insulated barriers surround the pool equipment.  A glass section of fencing will be located between the house and the pool.  The stand pipe location as approved by the Fire Chief did not change.  After brief discussion a motion was made to approve the revised plan as presented and dated 8/29/16 with the following special conditions:  1.  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.  2.  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.  3. Every November the owner shall provide documented proof to the ZBA that the renewable energy needs as described have been purchased.  4.  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.  5.  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.  The motion was seconded.  In discussion the Board thanked Mr. Carberry for making the adjustments.  The motion came to a vote and passed unanimously with five in favor.
ADMINISTRATION:  The August 24, 2016 meeting minutes were reviewed and approved as presented by consensus.

With no further business to conduct the meeting adjourned at 6:10 PM.

The next meeting will be October 26, 2016 @ 5:00 PM.

Respectfully submitted by Chuck Hodgkinson, CAS.

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