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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 04/26/17
FINAL

Present for the Board of Appeals and attending the meeting were Chris Murphy, Wendy Weldon, Todd Christy, Allen Healy and Chuck Hodgkinson.  Reid Silva, Heikki Soikkeli, Chuck Sullivan, Jamie Curtis, Betty and Stuart Cotton also attended.  Frank LoRusso, Allison Burger and Russell Maloney did not attend.     

The meeting came to order at 5:05 PM.  As it’s time to rotate the Chairman’s role a motion was made to nominate Vice Chairman Chris Murphy as Chair and Wendy Weldon as Vice Chair for the next year.  The motion was seconded and approved by consensus.  Mr. Murphy then appointed Alternate members Messrs. Christy and Healy as voting members for the evening’s agenda.  He also explained to the applicants that a unanimous vote of four in favor is required for approval and gave each the option of proceeding tonight or postponing their hearings to next month when five voting members are available.  All applicants agreed to proceed this evening.
HEIKKI SOIKKELI FOR STUART AND BETTY COTTON; Article 6 Section 6.11B.2.;    23 South Ridge Road; Map 12 Lot 72:  Mr. Murphy opened the public hearing at 5:08 PM and thanked the owners for attending the meeting.  Mr. Soikkeli reviewed a site plan dated 1/18/17, a floor plan dated 1/12/17 and elevations hand-dated 4/26/17 to add approximately 820 sq. ft. of living space to accommodate additional family to the existing single-family residence with 3,505 sq. ft. of living space.  The total area of living space on the 3.4-acre parcel with the addition will be 4,325 sq. ft.  The maximum allowable area by Special Permit is 6,100 sq. ft.  Mr. Soikkeli proceeded to discuss how the project complies with the thirteen criteria outlined in the bylaw.  The following reflects the Board’s decisions on each factor: 1a. Not visible. 1b. The addition is over existing lawn and complies. 1c. N/A. 2. 3. N/A.  4.  No change in grade.  5. – 9 N/A. 10.  Built to exceed MA. energy codes which improves the building.  11-13 N/A.

Mr. Soikkeli added the design has been approved by the neighborhood’s Architectural Review Committee.  With no letters from abutters or 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 plans as presented with the following condition:  1. Board of Health approval shall be given before obtaining a Building Permit.  The motion was seconded and with no further discussion passed unanimously with four in favor.

CHUCK SULLIVAN AND REID SILVA FOR STEVEN AXELROD AND SANDRA SCHPOONT; S. FAIN HACKNEY, TR. MIDDLEMARK REALTY TRUST; Article 6 Section 6.11B.3.d.; 365 Middle Road; Map 26 Lot 84:  Mr. Murphy opened the public hearing at 5:26 PM.  Mr. Sullivan explained the plan is to renovate and expand a pre-existing, non-conforming historic structure by 860 sq. ft. that is on a 2.3-acre parcel.  With the addition the total living area exceeds the maximum allowed area not requiring a Special Permit.  The current living space of the main house, barn and shed is 3,116 sq. ft.  The 860 sq. ft. addition brings the total living area to 3,976 sq. ft.  The applicant is seeking a living area exemption for the       1,966 sq. ft. historic structure bringing the net living area to 2,010 sq. ft.  The project is in the Middle Road Roadside District.  

The Board read the bylaw specifications for allowing an exemption of the historic structure’s living area.  The Site Review Committee report was read for the record along with the Historical Commission’s endorsement of the project.  After further discussion and with no public comment a motion was made to close the hearing at 5:41 PM.  The motion was seconded and unanimously approved.  The Board unanimously agreed with the Historical Commission’s opinion that the proposed changes to the historic structure preserve the integrity of the historic features of the exterior of the house.  A second motion was made to grant the Special Permit and exempt the 1,966 sq. ft. of living space in the historic structure from the lot’s total living area as defined in the bylaw with the following special conditions.    1. Board of Health approval shall be given before obtaining a Building Permit.  2.  The owners or their representative shall return to the Board of Appeals if any additional living area is planned for this property.  The motion was seconded and with no additional discussion passed unanimously with four in favor.

REID SILVA FOR JAMES CURTIS; Article 4 Section 4.2A3; 9 Ridge Hill Road; Map 11 Lot 47.3:  Mr. Murphy opened the public hearing at 5:50 PM and welcomed the owner to the meeting.  Mr. Silva reviewed a site plan dated 3/28/17 to construct a 16’ X 40’ in-ground swimming pool with the four-foot high enclosure.  The pool water will be heated with an electric air source heat pump located on the northeast side of the garage.  There will be a manual pool cover for the winter months and the pool equipment will be located inside the existing garage.  The water will have a saline filtration system.  Energy use for all structures on the property will be provided by the Eversource “Verde” Green Energy Program.  Letters of commitment were reviewed with the Board.   Mr. Curtis also said he plans to alarm the windows and doors facing the pool.

Direct abutter Rob Lionette said Mr. Curtis is a wonderful neighbor and he fully supports the pool and its design.  He added his ducks will also appreciate the pool.

After brief discussion and with no further public comment a motion was made to close the hearing at 6:11 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following special conditions: 1. The Fire Chief shall approve the stand pipe location before obtaining a Building Permit.  2.  Alarms shall be placed on all windows and doors on the main house that face the pool and are within the pool enclosure.  The motion was seconded and with no discussion passed unanimously with four in favor.

ADMINISTRATION:  The draft March 22, 2017 meeting minutes was reviewed and approved by consensus.  The discussion of a proposed pool bylaw amendment was postponed to the next meeting when the full Board is available.

With no further business to conduct the meeting adjourned at 6:25 PM.  

The next meeting will be May 24, 2017.

Respectfully submitted by Chuck Hodgkinson, CAS.


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