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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 06/28/17
FINAL

Present for the Board of Appeals and attending the meeting were Chris Murphy, Chairman, Wendy Weldon, Vice Chairman, Frank LoRusso, Russell Maloney, Allison Burger and Chuck Hodgkinson.  Cody Coutinho, Mark Hurwitz, Frederick and Jill Bernhard, Michael Barclay, Chris Alley, Barbara Conroy, Bill Veno, Rick Kerns, Lily Kerns, Skye Kerns, Reese Kerns, Douglas and Mary Benefit, Jonathan and Jill Bernstein, Patrick Lindsey, Chuck Sullivan and Catherine Marcus also attended.  Todd Christy and Allen Healy did not attend.     

The meeting came to order at 5:00 PM.  

Douglas and Mary Benefit; Article 6 Section 6.12A.3.; 14 Quansoo Rd.; Map 11 Lot 29.4:  Mr. Murphy opened the public hearing at 5:05 PM and said this is the first time the Board is considering a petition under this new bylaw.  The Board reviewed the bylaw and asked               Mr. Benefit to proceed.  Mr. Benefit reviewed elevation plans dated 5/14/17 and a site plan hand-dated 6/28/17 to construct a 700 sq. ft. one bedroom accessory apartment on a 3-acre parcel.  It will be occupied by the owners so their children and grandchildren can live in their main house year-round.  A letter with a photograph from abutter Suzy Zell was read for the record.            Mr. Benefit added the proposed building is approximately 135 feet from this abutter’s lot line and about 200 feet from her house.  The Board commented that the driveway to the apartment may be produce headlight glare into Ms. Zell’s house—especially in the fall and winter when the leaves have fallen.

After much discussion about landscape screening and with no comment from the public a motion was made to close the hearing at 5:20 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented with the following special conditions:  1. On or before January 31 of each year, the owner of the accessory apartment shall provide the Town Clerk with the names of the year-round occupants of the accessory apartment who are immediate family members or caregivers of the owner.  2.  Once the driveway and accessory apartment are built, the owner shall contact the Board or its designee to schedule a site visit in the fall season when the leaves have fallen.  The Board shall review and amend as needed a landscaping plan that will adequately screen the structure from the neighbor’s house on AP 11-29.5.  The goal of the landscape screening plan is to minimize light glare from the apartment and from car headlights while traveling on the driveway to the apartment.  3.  This agreed screening plan shall be installed before obtaining an occupancy permit for the apartment.

The motion was seconded and with no further discussion passed with four in favor and one abstention (Chairman Murphy).

Mr. Murphy asked Mr. Barclay if the Conroy application can be heard before his two applications for a pool and tennis court on the same property.  This would enable the Board to review both in sequence.  Mr. Barclay agreed.

Barbara Conroy; Article 6 Section 6.6; 15 Chowder Kettle Lane; Map 27.1 Lot 167:         Mr. Murphy opened the public hearing at 5:21 PM.  Ms. Conroy reviewed the site plan hand-dated 6/28/17 to construct a 10 ft. X 10 ft. pergola that is approximately 9 ft. above grade and in a location that does not meet the minimum 25 ft. setback distance from the lot line.  The pergola will be approximately 16 feet from the south lot line.  Chuck H. read all required letters of consent from the abutters whose property line is within 100 feet of the pergola.  Abutters Jill and Jonathan Bernstein added they fully support the plan.  With no additional 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 site plan hand-dated 6/28/17 as presented.  The motion was seconded and passed with four in favor and one abstention (Chairman Murphy).  

Michael Barclay for 2 Gosnold’s Way, LLC; Kathryn Hamm Trustee, Gosnold’s Way Realty Trust; Article 4 Section 4.2A3; 2 Gosnold’s Way; Map 14 Lot 1: Mr. Murphy opened the public hearing at 5:26 PM.  Mr. Barclay reviewed the site plan dated 5/24/17 and two detail plans dated 5/22/17 to construct an 18 ft. X 80 ft. built-in swimming pool with the required pool enclosure and related pool equipment.  The pool water will be heating by an air-source heat pump.  The project is in the inland zone of the Vineyard Sound Coastal District.  Mr. Barclay added the pool water will have a saline filtration system and said the pool equipment will be located in an underground vault.  A planned 8’ X 12’ hot tub located off the side of the pool will be separately heated with a propane system.  The pool enclosure is approximately 172 feet from the nearest neighbor.  The vegetation on the outside of the enclosure will no closer than five feet from the fencing.  The pool will have an automatic cover.  The Board asked for the dimensions of the catch basin for this infinity pool.  Mr. Barclay said it will be 3 feet wide and 12 inches deep.  The energy used by the pool equipment and air-source heat pump will be more than offset by the 70 KW solar array that will be installed on the roof of the house.  The Board commented they will need verification of the solar array.  Mr. Barclay continued that there will be ground lighting for the deck and path lights.  The Site Review Committee report was then read for the record.

The Board discussed the observations made at the site visit and asked if the north section of the enclosure could be moved five feet south to avoid the existing tree.  Mr. Barclay agreed.      Chuck H. read the regulations for a pool that is within the coastal district – Article 11 Section 11.6A.  The Board agreed this design meets the coastal district requirements.

After further discussion and with no public comment a motion was made to close the hearing at 5:45 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented with the following special conditions:  1. The applicant shall provide verification for the roof-mounted, 70-KW solar array before receiving a pool occupancy permit.  2.  Any vegetation outside the required pool enclosure shall be a minimum of five feet from the fencing.  All tree limbs shall also be at least five feet away from the fencing.  3.  The pool water catch basin shall have a grating installed for safety reasons.  4.  The north section of the pool enclosure fencing shall be moved to the south to avoid a tree as outlined in condition # 2.   5.  The Fire Chief shall approve the stand pipe location before obtaining a Building Permit.

The motion came to a vote and passed with four in favor and one abstention (Chairman Murphy).


Michael Barclay for 2 Gosnold’s Way, LLC; Kathryn Hamm Trustee, Gosnold’s Way Realty Trust; Article 4 Section 4.2A3; 2 Gosnold’s Way; Map 14 Lot 1: Mr. Murphy opened the public hearing at 5:46 PM.  Mr. Barclay reviewed a site plan dated 5/24/17 with a detail and cross section plan each dated 5/14/17 to construct a 60 ft. X 120 ft. tennis court with a 14 ft. X 24 ft. viewing platform and 8 ft. high fencing at each end of the court.  A portion of the tennis court and fencing are within the inland zone of the Vineyard Sound Coastal District.  Chuck H. mentioned there is a letter from an abutter which was read for the record.  Mr. Barclay responded by stating the tennis court is approximately 550 feet from this abutter and there are two natural ridges between the court and the Langs.  The Board also noted the ridges at the site visit that will provide sound screening.  Chuck H. read the regulations for a tennis court located in a costal district.  Chuck H. also read the Site Review Committee report for the record.  The Board agreed the court will have a minimal impact on the coastal district.  Mr. Barclay confirmed there will be ground path lighting and no court lighting.  Chuck H. read the conditions from the Conservation Commission’s Order of Conditions for the tennis court for the record.

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 plans as presented with the following conditions:  1. The small section of court fencing located within the coastal district may match the height of the remainder of the fencing as it has a deminimis impact on the coastal district.  2.  No additional sound attenuation is required because the abutter’s house on AP 21-38.4 to the west is approximately 550 feet from the court.  There are also two significant vegetated natural ridges or berms between the court and this abutter.  3.  The Conservation Commission’s special conditions outlined in the Order of Conditions shall be met before obtaining a Building Permit.  The motion was seconded and with no further discussion passed with four in favor and one abstention (Chairman Murphy).

Cody Coutinho for Andrew and Catherine Marcus; Article 8 Section 8.3; 391 Middle Road; Map 26 Lot 128:  Mr. Murphy welcomed Ms. Marcus and opened the public hearing at 5:59PM.  Mr. Coutinho reviewed a site plan dated 5/31/17 and elevations dated 6/28/17 to alter a pre-existing, non-conforming dwelling by constructing an addition and a screened porch in a location that is 28 feet from the south lot line.  The setback distance for the addition is equal to that of the existing structure.  The roof ridge height will not exceed the current ridge height of approximately 22 ‘6 “. The project is in the Middle Road Roadside District.  Chuck H. read the Site Review Committee report for the record.  After brief discussion about the site visit observations and with no public comment a motion was made to close the hearing at 6:05 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the plans as presented with the following special condition:  The Board of Health shall approve the plan before obtaining a Building Permit.  The motion was seconded and passed with four in favor and one abstention (Chairman Murphy).

Cody Coutinho for Frederic and Jill Bernhard; Article 11 Section 11.6A.2.b.i.a; 21 Carroll Lane; Map 27.1 Lot 176:  Mr. Murphy also welcomed the Bernhard’s to Chilmark and opened the public hearing at 6:06 PM.  Mr. Coutinho and Mr. Sullivan presented a site plan dated 6/21/17 and elevations dated 6/21/17 to remove an existing deck in the shore zone and construct a larger, 225 sq. ft. deck with a landing.  Approximately 25 sq. ft. of space in the unfinished basement will also be finished.  The project is within the Vineyard Sound Coastal District.  Chuck H. read the Conservation Commission’s conditions in its Order of Conditions for the record along with the Site Review Committee report.  The Bernstein’s asked when the construction will take place as they rent their home.  Mr. Sullivan said the south wall of the foundation will be replaced in August.  The owners offered they will not start exterior work until 9/15.  With no further public comment or questions from the Board a motion was made to close the hearing at 6:16 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the plans as presented with the following special conditions:  1. The Conservation Commission’s special conditions as outlined in the Order of Conditions shall be met before obtaining a Building Permit.  2.  As offered by the owners to mitigate site noise, no exterior construction shall commence before 9/15/17.  The motion was seconded and passed with four in favor and one abstention (Chairman Murphy).

ADMINISTRATION:  The draft April 26, 2017 meeting minutes were reviewed and approved by consensus.  The draft May 24, 2017 meeting minutes were also reviewed and approved by consensus.

With no further business to conduct the meeting adjourned at 6:20 PM.  

The next meeting will be July 26, 2017.

Respectfully submitted by Chuck Hodgkinson, CAS.


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