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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 10/25/17
FINAL

Present for the Board of Appeals and attending the meeting were Wendy Weldon, Vice Chairman, Frank LoRusso, Todd Christy, Allison Burger, Russell Maloney and Chuck Hodgkinson.  Bruce MacNelly, Reid Silva, Rob McCarron, Dan Elias, Karen Keane Elias, Nelson Giannakopoulos, Chuck Sullivan, Jim Mahoney, Travis Lenkner, Mark Jenkins, Ken Iscol, Paul and Ruby Iantosca and Jen Jamgochian also attended.  Chris Murphy and Allen Healy did not attend.  

Vice Chairman Weldon opened the meeting at 5:00 PM and appointed Alternate Todd Christy as a voting member for the evening’s agenda.  

CHUCK SULLIVAN FOR DANIEL ELIAS; Article 8 Section 8.3; 4 Pitch Pine Lane;     Map 21 Lot 25:  Ms. Weldon opened the public hearing at 5:07 PM.  Mr. Sullivan reviewed a revised site plan dated 10/25/17.  He said the changes to the plan are an attempt to lower the cost of the project.  The new proposed alterations to the pre-existing, non-conforming house are to add the screened porch as planned but, without the second floor bedroom above.  The porch will only be a one-story structure with a roof ridge height of approximately 14.5 feet and in the same footprint as proposed.  The other change is to re-design the second story dormer and roof of the house.  The roof will now have a 10 pitch slope which will cause the entire roof ridge of the main house to be 16 inches higher than the current ridge.  The existing dormer that runs the length of the house will also be raised.  The Board discussed the proposed changes and felt the reduction in the size and scope of the porch and deck extension seem appropriate.  The Board however, did not agree with the changes to the main house because raising the entire roof ridge by 16 inches to 2 feet was not included in the notice to the abutters.  This is a significant change to what was represented in the application, legal notice and abutter correspondence.

After much discussion the Board offered several options to the applicant including withdrawing then entire application or reducing the scope of this project to only include the screened porch and deck extension to the porch.  The changes to the main house will still require a new application and re-noticing all abutters within 300 feet.  The applicant agreed to reduce the scope of work to only include building the screened porch and the deck extension to the screened porch on the northeast side of the house.  The bedroom above the screened porch, the new deck and dormers proposed for the west side of the main house were withdrawn from the application.  The Board reviewed the elements for the reduced scope of work on the revised site plan hand-dated 10/25/17, the floor plan hand-dated 10/25/17 and the elevations hand-dated 10/25/18.  With no further public comment a motion was made to close the haring at 5:35 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the revised scope of work and relevant plans as presented and described.  The motion was seconded and unanimously approved with five in favor.  

DAN PERRY FOR RUBY MARTINEZ; Article 4 Section 4.2A1; 11 Wooten Bassett Rd.; Map 24 Lot 30.2:  Ms. Weldon opened the public hearing at 5:36 PM.  Mr. MacNelly reviewed revised plans dated 10/3/17 to construct a 796 sq. ft. guesthouse in a location that meets the minimum 50-foot setback distance from the lot lines.  The roof ridge height will be approximately 20 feet above grade.  The guesthouse will have its own, separate septic system that is approved by the Board of Health.  The guesthouse will have a basement foundation with outside access only.  There will be no internal stairway down to the basement.

Chuck H. read letters of support from three separate abutters.  With no public comment a motion was made to close the hearing at 5:44 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the site plan dated 9/20/17, floor plan dated 9/7/17 and the revised elevations dated 10/3/17 as presented.  The motion was seconded and unanimously approved with five in favor.

REID SILVA FOR THOMAS MILCH AND VICKI DIVOLL; Article 4 Section 4.2A3;     16 Tanglevine Rd.; Map 25 Lot 86:  Ms. Weldon opened the public hearing at 5:45 PM.  Frank LoRusso recused himself as he is a direct abutter.  Mr. Silva agreed to proceed with only four eligible voters.  He then reviewed the site plan dated 9/20/17 to construct a 20’ X 60’ in-ground pool with the related pool enclosure.  The pool will be heated with an air-source heat pump.  The power for the pool equipment will be offset by the renewable Eversource Verde Energy Program.  The Board discussed the observations made at the site visit and the pool’s elevations.  Mr. Silva added it will be low and dug into the slope by about two feet.

Chuck H. read three letters for the record.  Two were from abutters within 300 feet and one letter was from a neighbor outside the 300-foot radius.  He also read a response from the property owners to the neighbors.  The Board discussed possible alternative locations with better sight lines.  Mr. Silva said the septic system is located where the alternative site was suggested and it would also be difficult to meet the minimum 50-foot setback from the lot lines.  

With no additional 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 plan as presented with the following special conditions:  1. A closed-circuit TV camera shall be installed with full view of the pool.  The monitor screen shall be located in the kitchen of the main house.  2.  All gates for the pool enclosure shall be alarmed with the alarms sounding in the kitchen.  3.  An automatic, retractable pool cover shall be installed.  4.  The stand pipe location shall be approved by the Fire Chief before obtaining a Building Permit.  5.  A dedicated power meter shall be installed for all of the pool-related equipment.  6.  Each November after the pool is installed the owner shall provide documented proof to the ZBA that the renewable energy needs as contracted through the Eversource Verde Program have been purchased.  7.  If the ZBA determines the owner has not complied with these conditions the ZBA shall take appropriate actions to satisfy the renewable energy needs and source of power.  8.  If at a future date the owner wishes to revise this arrangement, a petition for a new Special Permit with the proposed new pool water heating system must be filed for due processing.  The motion was seconded and with no further discussion passed unanimously with four in favor.
   
REID SILVA FOR COTTLE FAMILY REALTY TRUST; Article 6 Section 6.6;          Sam’s Way and Wooten Bassett Rd.; Map 24 Lots 29.2, 166:  Ms. Weldon opened the public hearing at 6:13 PM.  Mr. Silva reviewed the history of the lot line changes and the resulting requirements for this application and site plan dated 10/2/17.  The setback relief is desired to locate a proposed single-family residence approximately 5 feet from the newly-created, interior lot lines and place an existing shed approximately 10 feet from the newly-created, interior lot lines.  The project consists of a relocation of existing property lines in such a manner that setback relief is required.  As part of this request the applicant proposes nine conditions regulating how the lot is developed.  Chuck H. read the nine proposed conditions for the record.  He then read the letter of consent from the abutter whose lot line is within 100 feet of the shed and proposed structure and building footprint requiring the setback relief.   He then read one abutter letter of support and one opposed.  The abutter who opposes the setback relief is more than 200 feet from the proposed building envelope and 540 feet from the shed.  A letter from Hancock Real Estate was then read.  The Iantosca’s said they are neighbors and fully support the proposal.  Martha Cottle explained the land has been in her family of hundreds of years.  It is very important to her to preserve how it’s been for the benefit of the public, town and roadside district by restricting how it is developed.  With no further public comment a motion was made to close the hearing at 6:36 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented along with the nine special conditions which will remain with the property in perpetuity.  The motion was seconded and passed unanimously with five in favor.

REID SILVA FOR POINT INNER TRUST; Article 4 Section 4.2A3 and Article 6        Section 6.6; 20, 21 Point Inner Way; Map 33 Lots 98, 99, 101:  Ms. Weldon opened the public hearing at 6:33 PM.  Mr. Silva reviewed the site plan dated 9/19/17 to construct a 14’ X 60’ in-ground swimming pool in a location that is 12 feet from the lot line of Map 33 Lot 100 which is owned by Kenneth and Jill Iscol, Trustees.  The pool will have the required four foot-high pool enclosure.  The pool water will be filtered with a saline filtration system and heated by an air source heat pump.  The power for the pool equipment will be offset by the renewable Eversource Verde Energy Program.  Chuck H. read the Site Review Committee report for the record.  He also read the required letter of consent from the abutter whose property is within 100 feet of the structure requiring setback relief.  

Mr. Silva said the Conservation Commission has approved the plan.  He then drew the location for the underground equipment vault on the site plan.  The Board discussed the pool’s proximity to both houses and the site lines from each.  With no further public comment a motion was made to close the hearing at 6:40 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the plan as presented with the hand-drawn location for the vault and with the following special conditions:  1. A closed-circuit TV camera shall be installed with full view of the pool.  The monitor screen shall be located in the kitchens of the main houses on lot 98 and Lot 100.  2.  All gates for the pool enclosure shall be alarmed with the alarms sounding in the kitchens of the main houses on Lot 98 and Lot 100.  3.  An automatic, retractable pool cover shall be installed.  4.  The stand pipe location shall be approved by the Fire Chief before obtaining a Building Permit.  5.  A dedicated power meter shall be installed for all of the pool-related equipment.  6.  Each November after the pool is installed the owner shall provide documented proof to the ZBA that the renewable energy needs as contracted through the Eversource Verde Program have been purchased.  7.  If the ZBA determines the owner has not complied with these conditions the ZBA shall take appropriate actions to satisfy the renewable energy needs and source of power.  8.  If at a future date the owner wishes to revise this arrangement, a petition for a new Special Permit with the proposed new pool water heating system must be filed for due processing.  The motion was seconded and with no further discussion passed unanimously with five in favor.      

ADMINISTRATION:  The draft September 27, 2017 meeting minutes were reviewed and approved as amended by consensus.  


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

With no further business to conduct the meeting adjourned at 6:55 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.


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