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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 09/27/17

Present for the Board of Appeals and attending the meeting were Chris Murphy, Chairman, Wendy Weldon, Vice Chairman, Frank LoRusso, Todd Christy, Allison Burger, Russell Maloney, Allen Healy (arrived at 5:15) and Chuck Hodgkinson.  Bruce MacNelly, Reid Silva, George Crawford, James Langlois, Tom Carberry and Zach Wiesner also attended.  

The meeting came to order at 5:00 PM and Mr. Murphy appointed Alternate Todd Christy as a voting member for the evening’s agenda.  

DISCUSS PROPOSED POOL BYLAW AMENDMENT – Article 4 Section 4.2A3:  The Board reviewed the draft amendments dated 5/24/17 for the pool and tennis court bylaw.  The goal is to return to the originally recommended specifications the Board provided the planning board when the bylaw was last amended.  There were many suggestions discussed.  The Board asked Chuck H. to reorganize the draft so the changes to the current bylaw are highlighted for reference.

Mr. Healy arrived at 5:15 PM and was appointed as a voting member for the first hearing.  Board members Wendy Weldon and Russell Maloney recused themselves from this petition because Ms. Weldon is the applicant and one of Mr. Maloney’s clients is an abutter.

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 5:20 PM.             Mr. MacNelly summarized the history of the house that was built in 1958.  He reviewed the site plan and floor plans hand-dated 9/27/17 and the elevations dated 9/27/17 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.  The existing flat roof over the studio is 16’ ½” above grade and the proposed flat roof over the kitchen addition is 15’ 10” above grade.  The entry/bath roof will match the conforming roof of the main body of the existing house.  Ms. Weldon added they wanted to keep the lower roof line because it would not interfere with her neighbor’s view– rather than build a gable roof 18 feet above grade which would impact the view.  The project is in the Squibnocket Pond District.

Chuck H. read two letters of support from abutters.  The Site Review Committee and Squibnocket Pond District Advisory Committee (SPDAC) reports were also read for the record.  Both reports stated the proposal will have a minimal impact on the District.  The Board reviewed the bylaw and discussed how this project addresses the bylaw specifications.  After much consideration the consensus was the plan was not detrimental to the character of the neighborhood for several reasons:
  • The added flat roof section was slightly lower than the existing non-conforming flat roof that is 16 feet above grade.  
  • The added flat roof is also lower than all other roof ridge heights except one that are within the 300 foot abutter radius of the subject property.  
The flat roof addition will also not impair the neighbor’s view as an 18-foot high gable roof would.  
Two letters of support were also received with no objections to the plan.
With no further public comment a motion was made to close the hearing at 5:57 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented.  The motion was seconded and with no further discussion passed with four in favor and one opposed (Mr. Murphy).

Ms. Weldon and Mr. Maloney re-joined the Board.

REID SILVA FOR WARREN SPECTOR; Article 4 Section 4.2A3;                                        96 Squibnocket Farm Rd.; Map 37 Lot 4:  Mr. Murphy opened the public hearing at 6:02 PM.  Mr. Silva summarized the site visit, site plan dated 8/29/17 and landscape plan dated 8/23/17 to construct a 17 ft. X 51 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 renewable energy will be supplied by the Eversource Verde Energy Program for all structures on the property.  The pool equipment will be located in an underground vault.  The project is also in the Squibnocket Pond District.  Chuck H. read the Site Review Committee and SPDAC reports for the record.  Both thought the project had no detrimental impacts to the District.  After brief discussion and with no public comment a motion was made to close the hearing at 6:12 PM.  The motion was seconded and unanimously approved.  The Board discussed the details of the fence plan.  A subsequent motion was made to approve the plans as presented with the following special conditions:  1. The Fire Chief shall approve the stand pipe location before obtaining a Building Permit.  2.  Any door or window located within the pool enclosure shall be alarmed.  3.  The closed-circuit camera system as shown on the landscape plan L-1.0 shall have a monitor located in the kitchen.  4.  A copy of the contract for the renewable energy program shall be provided before obtaining a Building Permit.  The agreement shall be maintained as long as the heated pool exists.  The owner shall meet with the ZBA if a different plan is desired at a future date.  5.  The pool will have an automatic, retractable cover.  The motion was seconded and passed with four in favor and one abstention (Mr. Murphy).

TOM CARBERRY FOR RICHARD AND ELLEN MUGLIA; Article 6 Section 6.3;           off Wades Field Rd.; Map 17 Lot 38.  Mr. Murphy opened the public hearing at 6:20 PM.     Mr. Carberry reviewed the plans dated 8/22/17 to construct an unconditioned (no insulation or heat) storage building with a roof ridge height of 27’ 10” above mean natural grade.  The post and beam frame of the building is from Windsor, Vermont and will be reconstructed on the property.  Mr. Carberry shared photos of the historic barn on 451 South Road; Map 25 Lot 5 and said the proposed barn will not replicate but will use this Chilmark barn as a guide.  This structure will have electric service, no inside water service and the project is in the South Road Roadside District.

The Board reviewed the bylaw specifications and asked if the chimney will be included as shown in the photos of the Chilmark barn.  Mr. Carberry said no.  They further asked for the roof ridge height of the Chilmark barn.  Mr. Carberry said it’s approximately 25 feet above grade.  The Board commented this proposal does not meet the requirements of this bylaw because the barn is not replicating the Chilmark barn and the structure is not a dwelling.  They asked if the posts can be cut down to lower the roof ridge to that of the Chilmark barn.  Mr. Carberry said the owner already purchased the frame and did not think this is possible.  After discussion Mr. Carberry requested the petition be withdrawn without prejudice.  A motion was made and seconded to accept the request.  With no further discussion the motion passed with four in favor and one abstention (Mr. Murphy).

ADMINISTRATION:  The draft August 23, 2017 meeting minutes were reviewed and approved as amended by consensus.  

The next meetings will be:      October 25, 2017 @ 5:00 PM
                                November 15, 2017 @ 4:00 PM
                                December 13, 2017 @ 5:00 PM

With no further business to conduct the meeting adjourned at 7:00 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.

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