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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 11/15/17

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 and Chuck Hodgkinson.  Chris Alley, Kris Horiuchi, Lanny Breuer, Nina Harrison, James Moffatt, Phil Regan, Leo DeSorcy, Bruce MacNelly and Liane Thomas also attended.  Allen Healy did not attend.  

Mr. Murphy opened the meeting at 4:00 PM and appointed Alternate Todd Christy as a voting member for the evening’s agenda.  

CHRIS ALLEY AND KRIS HORIUCHI FOR LANNY A. BREUER; Article 4            Section 4.2A3; 5 Lovey’s Cove Rd.; Map 33 Lot 124:   Mr. Murphy opened the public hearing at 4:05 PM and welcomed Mr. Breuer.  Mr. Alley reviewed the site plan dated 9/26/17 to construct an 18’ X 40’ in-ground pool with the related pool enclosure.  The pool equipment will be located in an underground vault.  The pool will be heated with an air-source heat pump.  The power for the pool equipment will be offset by a roof-mounted solar array that will be installed on the roof of a barn under construction.  The house also has a geo-thermal heating and cooling system.  Ms. Horiuchi reviewed the landscape plan L1.0 dated 9/26/17 and a google earth site plan hand-dated 10/25/17.  She pointed out the section of the pool enclosure connected to the deck will have a combined elevation of 2-feet for the deck and an additional 30 inches for the deck railing.  The google earth site plan demonstrated the pool is located at least 100 feet from any of the abutting structures—including the neighbor’s guesthouse that is near the common lot line.  The Site Review Committee report was read for the record along with several emails from the closest abutter.  Ms. Horiuchi also pointed out the google earth site plan has additional screening for lots 123 and 125 as suggested in the Site Review Committee’s report.  

After brief discussion and with no public comment a motion was made to close the hearing at 4:16 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the site plan dated 9/26/17, the landscape plan L1.0 dated 9/26/17 and the Google Earth plan with additional screening hand-dated 10/25/17 as presented. The motion was seconded and passed unanimously with five in favor.

JAMES MOFFATT FOR NANCY GOULD; Article 6 Section 6.11B.2; 2 Hawk Valley Rd.; Map 18 Lot 5:  Mr. Murphy opened the public hearing at 4:19 PM.  Mr. Moffatt reviewed the plans dated 9/27/17 to add a 398 sq. ft. detached bedroom on a 2.7-acre parcel which increases the total living area on the lot to 3,697 sq. ft. as defined by this bylaw.  The maximum allowable area by Special Permit is 5,925 sq. ft.

The Board assessed the project’s compliance with the bylaw criteria as follows:  1 a. b. c. criteria are met satisfactorily.   2. 3. 4. 6. 8. and 11. all meet the criteria.  5. 7. 9. and 12 are not applicable to this project. 10.  See special condition.  After discussion about compliance with the renewable energy specification and with no public comment a motion was made to close the hearing at 4:36 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the application, site plan, floor plan and elevations as presented and dated 9/27/17 with the following special conditions:  1.  Before a Building Permit is issued the applicant shall return to the Board’s administrator with the final plan to minimize fossil fuel use as outlined in condition # 10 of the bylaw.  2.  The Board of Health shall approve the plan before obtaining a Building Permit.  The motion was seconded and with no further discussion passed unanimously with five in favor.

NINA HARRISON FOR PERSEPHONE’S ISLAND, LLC; Article 8 Section 8.3;                 13 Cemetery Rd.; Map 8 Lot 16:  Mr. Murphy opened the public hearing at 4:37 PM and welcomed Ms. Harrison to Chilmark.  Ms. Harrison reviewed the plan to alter a pre-existing, non-conforming structure by squaring off the existing elevated deck and railing on the west side of the house.  The deck addition is approximately 45 feet from the west lot line.  The deck railing is approximately 11 feet 8 inches above grade.  She then said she would like to add several additional features to the scope of work.  The Board asked if these additions and changes were noticed to the abutters.  Chuck H. said they were not.  Ms. Harrison acknowledged these are last minute changes.  Upon discussion the Board believed the expanded scope of work is a significant change from the original application and thought it best to request continuing the hearing to the next meeting.  The town will then re-notice all abutters about the continuance and include a description of the requested expanded scope of work.  Ms. Harrison agreed.  A motion was made to continue the hearing to December 13, 2017 @ 5:45 PM.  The motion was seconded and passed unanimously with five in favor.
LARKOSH AND JACKSON, LLP FOR DOUG LIMAN AND DAID STORK:  An appeal was filed by Larkosh & Jackson, LLP for Douglas Liman and David Stork under M.G.L. Chapter 40A, Section 7 of the Commonwealth’s Zoning Act.  The petition is appealing the Chilmark Zoning Enforcement Officer’s response and letter dated September 14, 2017.  The appeal is for a project on Assessor’s Map 35 Lots 1.30, 1.31, 17.3, 17.4, 21, 22 and 23.  

Chuck H. mentioned the applicants have agreed to a postponement of this hearing to                  December 13 @ 5:30 PM.  He added Dan Larkosh agreed to the request because the Building Inspector could not attend tonight’s ZBA meeting.  A motion was made to postpone this hearing to December 13, 2017 @ 5:30 PM as requested.  The motion was seconded and unanimously approved with five in favor.
DISCUSSION BRUCE MACNELLY FOR NOCKET DOWNS NOMINEE TRUST;          19 Lake Rd.; Map 33 Lot 3.2:  Ms. Weldon recused herself from this discussion as this is her family’s project.  Mr. Maloney recused himself as he does business with one of the abutters.     Mr. MacNelly explained a Special Permit under Article 8 Section 8.3 was issued on September 27 to add an approximate 165 sq. ft. kitchen extension and an approximate 175 sq. ft. entry/bath extension.  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 said the cost estimates came in too high and he would like to review some revisions that will reduce the scope of work that was originally approved and lower the construction cost.  He reviewed revised plans hand-dated 11/15/17.  The changes were summarized as follows:  The kitchen footprint will not change.  The height of the flat kitchen roof will be lowered to 12 feet above grade which conforms to bylaw specifications.  After brief discussion a motion was made to declare the changes as inconsequential to the approved plans.  The motion was seconded and passed unanimously with four in favor.  A second motion was made to approve the revised plans as presented and hand-dated 11/15/17.  The motion was seconded and unanimously approved.

ADMINISTRATION:  The draft October 25, 2017 meeting minutes were reviewed and approved as amended by consensus.  

The next meeting will be:  December 13, 2017 @ 5:00 PM

With no further business to conduct the meeting adjourned at 5:10 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.

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