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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 02/22/17

Present for the Board of Appeals and attending the meeting were Frank LoRusso, Chairman,       Wendy Weldon, Russell Maloney, Todd Christy, and Jessica Holtham.  Keith and Wanda Emin, Brooke Emin, Judy Pachico, John Larsen, Pat Jenkinson and Greg Ehrman also attended.      Allen Healy, Chris Murphy and Allison Burger 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.

DISCUSSION PETER RODEGAST FOR UP-ISLAND, LLC; 21 Squibnocket Rd.; Map 35 Lot 24:  A Special Permit was issued under Article 12 Section 12.4C1 and Article 8           Section 8.3B in May 2016.  Mr. Rodegast explained he would like to review several changes to the approved plan.  He added the Historical Commission reviewed and approved the changes on February 21, 2017.  Mr. Rodegast reviewed a narrative dated 2/22/17 and revised plans hand-dated 2/22/17.  Among the changes are relocating the basement bulkhead from the east side to the location previously approved for the west side deck.  Two windows will remain on the south gable as shown on the current structure.  He would also like to change two over one to two over two windows and change to two windows and a door on the west side of the house.After brief discussion a motion was made to declare the changes as inconsequential.  The motion was seconded and passed unanimously with four in favor.  A subsequent motion was made to approve the changes as presented.  The motion was also seconded and passed unanimously with four in favor.

BROOKE EMIN; Variance and a Special Permit under Chilmark’s Zoning By-Law Article 6 Sections 6.4 and 6.5; 14 Fannies Way; Map 13 Lot 10.2:  Mr. LoRusso explained a unanimous vote of all four voting members is required to approve the application.  Ms. Emin said she would like to proceed and Mr. LoRusso opened the public hearing at 5:10 PM.  

Brooke Emin explained her parents Keith and Wanda Emin would like to create a Youth Lot for her on their land.  This application first seeks a Variance to the age requirement in Article 6 Section 6.5.  Ms. Emin is 30 years old and the Bylaw states “young people” shall be deemed to be persons who have not attained their thirtieth birthday.  

Mr. LoRusso read the three requirements that must be met to grant a Variance to the Bylaw as outlined in the Commonwealth’s Zoning Act.  Ms. Emin explained how her need for a Variance is dictated by topographical considerations that only allow a 0.55-acre to be created for her Youth Lot.  If not granted it would create a substantial financial hardship as she could not afford to purchase a vacant lot in Chilmark – where she was raised.  She added the desired relief will not be a substantial detriment to the public good or substantially derogate from the intent of the Bylaw as the lot borders the Town’s Middle Line Road Community Housing neighborhood.

A letter of support from Blair and Diane Emin was read for the record.  Family members         Pat Jenkinson, Brooke’s parents, Judy Pachico and neighbor John Larsen also endorsed the request for the Youth Lot Variance and Special Permit.  

The Board then reviewed the site plan dated 2/20/17 showing the Youth Lot’s lot lines and the proposed rights of way.  After brief discussion and 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 motion was made to grant the Variance to Article 6 Section 6.5 as all three conditions have been satisfactorily met.  The motion was seconded and with no discussion passed unanimously with four in favor.  

A second motion was made to grant the Special Permit for the Youth Lot under Article 6 Sections 6.4, 6.5 as shown on the site plan dated 2/20/17 with the following conditions:  1. The Planning Board shall approve the subdivision before obtaining a Building Permit.  2.  The Board of Health shall approve the well and septic plans before obtaining a Building Permit.  The motion was seconded and with no further discussion passed unanimously with four in favor.

ADMINISTRATION:  Review of the draft January 25, 2017 meeting minutes was postponed to the next meeting.

With no further business to conduct the meeting adjourned at 5:30 PM.  

The next meeting will be March 22, 2017.

Respectfully submitted by Chuck Hodgkinson, CAS from Jessica Holtham notes.

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