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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 08/23/17

Present for the Board of Appeals and attending the meeting were Chris Murphy, Chairman, Wendy Weldon, Vice Chairman, Frank LoRusso, Todd Christy, Allen Healy (arrived at 5:15) and Chuck Hodgkinson.  Bruce MacNelly, Peter Rodegast, Reid Silva, George Crawford,      Peter and Sally Cook, Jack and Lucy Taylor, David Damroth, Stuart and Betty Cotton, Heikki Soikkeli, Currie Smith and James Langlois also attended.  Allison Burger and Russell Maloney did not attend.     

The meeting came to order at 5:05 PM and Mr. Murphy appointed Alternate Todd Christy as a voting member for the evening’s agenda.  

DISCUSSION ON ADDITIONAL CHANGES; PETER RODEGAST FOR JACK TAYLOR (UP-ISLAND, LLC); Article 12 Section 12.4C1; Article 8 Section 8.3;                 21 Squibnocket Rd.; Map 35 Lot 24:  Mr. Murphy summarized the history of this project as follows:  A Special permit was issued in May 2016 to alter and expand a pre-existing, non-conforming historic structure in the Squibnocket Pond District.  The addition did not exceed the 25% expansion of existing floor area as specified in the bylaw.  The following were the conditions which were satisfied.  1.  Before obtaining a Building Permit the applicant shall return to the Historical Commission to get approval of the final window design on the east and south sides of the historic structure—6 over 6 panes as outlined in the Historical Commission letter dated 1/28/16 or 2 over 1 pane.

In February 2017 the Board subsequently approved changes to the original plan that were as follows:  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.  Change two over one to two over two windows and change to two windows and a door on the west side of the house.

Mr. Rodegast said all of today’s proposed changes are in the new construction areas – not on the historic cape.  Consequently, these proposed changes do not require approval by the Historical Commission.  Mr. Rodegast reviewed the additional changes that are requested as follows:          1.  The hinged door on the west side will be changed to a sliding door because the room will not accommodate a standard door opening into the room.  2. The windows on the east and west gables of the studio building are re-designed to come to a peak at the top of the windows.

After brief discussion a motion was made to declare the changes as inconsequential.  The motion was seconded and unanimously approved with five in favor.  A subsequent motion was made to approve the plan as presented and hand-dated 8/23/17.  The motion was seconded and unanimously approved with five in favor.

Mr. Healy arrived at 5:15 PM and was appointed a voting member for the next hearing.            Ms. Weldon recused herself from the next hearing as this petition is for her family’s house.      Ms. Weldon further agreed to proceed with the hearing even though there are only four voting members, thus requiring a unanimous vote for a decision.  

BRUCE MACNELLY FOR NOCKET DOWNS NOMINEE TRUST; Article 8 Section 8.3; 19 Lake Road; Map 35 Lot 3.2:   Mr. Murphy opened the public hearing at 5:18 PM.              Mr. MacNelly reviewed the site plan dated 6/27/17 and the floor plans and elevations hand-dated 8/2317 to alter a pre-existing, non-conforming dwelling by adding an approximate 165 sq. ft. kitchen extension and an approximate 175 sq. ft. entry/bath extension.  The additions will not increase the non-conformity of the structure as both meet the minimum setback distance from the lot lines.  The kitchen extension roof line will match that of the non-conforming roof line of the studio wing.  The entry/bath roof will match the conforming roof of the main body of the existing house.  The project is in the Squibnocket Pond District.

Mr. MacNelly explained the flat roof height of the kitchen extension is designed to match the    15 foot height of the opposite, existing roof and allow for more natural light.  This is 2 feet higher than what’s allowed for a flat roof.  He added the roof height is not increasing the non-conformity of height.  The Board read Article 8 Sections 8.2 and 8.3.  There was much discussion about whether or not this plan is increasing the nonconformity of the ridge height.  Mr. MacNelly said none of the abutters object and this is keeping with the character of the neighborhood as specified in the bylaw.

Chuck H. read two letters of support from abutters and the Site Review Committee report that indicated the project will have a minimal impact on the Squibnocket Pond District.  Abutter Curry Smith said she has no objections to the plan.  Abutter David Damroth said he is not here to oppose this.  Ms. Weldon said they carefully designed this as to not change the views of any of her neighbors.  This design was selected over an 18-foot high gable roof design for this reason.

The Chair suggested with only four eligible voters it might be wise to withdraw this application and re-apply for next month’s meeting when five voting members will be available.  After discussion the applicant requested a withdrawal of the application without prejudice.  They will re-apply for the next meeting when five voting members are in attendance.  A motion was made and seconded to accept the request.  With no discussion the motion passed unanimously with four in favor.

DISCUSSION HEIKKI SOIKKELI FOR STUART AND BETTY COTTON; Article 6                Section 6.11B2; 23 South Ridge Rd.; Map 12 Lot 72:  Ms. Weldon joined the Board.            Mr. Soikkeli explained a Special Permit was issued in April 2017 to build an 820 sq. ft. addition which required a Special Permit under the “Big House” bylaw.  The owners would like to add a bay window to the addition which will add approximately 23 sq. ft. of additional living space as shown on the floor plan hand-dated 8/23/17.  If approved the total area of living space on the 3.4-acre parcel with the addition will be 4,348 sq. ft.  The maximum allowable area by Special Permit is 6,100 sq. ft.  The owners were welcomed by the Board.

The Board discussed that there is still a significant amount of living area capacity on this lot.  A subsequent motion was made to declare the request as inconsequential and to approve the bay window change.  The motion was seconded and passed with four in favor and one abstention (Mr. Murphy).
DISCUSSION REID SILVA FOR MARTHA COTTLE; PROPOSED SUBDIVISION OF MARTHA’S PROPERTY OFF SOUTH RD.; Article 6 Section 6.7; 0 Sam’s Way, Map 24 Lot 29.2; 6 Wooten Bassett Rd. , Map 24 Lot 166.  Mr. Silva explained Martha Cottle is subdividing this parcel into two parcels that will only be sold with common ownership.  Her goal is to restrict the building envelope and preserve the existing horse pasture abutting South Road in perpetuity.

The Board commented there does not seem to be legal access for the newly created lot.  After discussion a motion was made that the Board has no concerns with the planned subdivision provided a legal access right of way is created for the “restricted orchard lot” as shown on the site plan dated 7/25/17.  The motion was seconded and passed unanimously with five in favor.  Chuck H. will send a letter to the Planning Board with the Board’s comments.  

ADMINISTRATION:  The draft June 28, 2017 meeting minutes were reviewed and approved as presented by consensus.  

With no further business to conduct the meeting adjourned at 6:15 PM.  

The next meeting will be September 27, 2017.

Respectfully submitted by Chuck Hodgkinson, CAS.

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