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Welcome to the Town of Chilmark, MA
Zoning Board of Appeals Minutes 01/24/18
FINAL

Present for the Board of Appeals and attending the meeting were Chris Murphy, Chairman, Wendy Weldon, Vice Chairman, Todd Christy, Russell Maloney, Allen Healy and Chuck Hodgkinson.  Peter Rodegast, Sara Hoffman, Tom Carberry, Brooke Emin, Keith Emin, Patrick Lindsey, Peter Cook, Joan Malkin, Jeremy Houser, Mark Hurwitz and Emily Elizabeth Houser also attended.  Allison Burger and Frank LoRusso did not attend.    

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

Article 6 Section 6.12; Peter Rodegast for Sara Hoffmann; 219 Middle Road; Map 19       Lot 21:  Mr. Murphy opened the public hearing at 4:05 PM.  Mr. Rodegast reviewed the plan to construct a 400 sq. ft. accessory apartment on a 2.0-acre parcel.  The project is in the Middle Road Roadside District.  Ms. Hoffman said the apartment will be used by her aunt and no rent will be charged.  The Board asked the Planning Board members present if the proposed use satisfies the bylaw specification for use by immediate family members.  After much discussion it was agreed the language is vague and judged the intended use meets the immediate family criteria.  The Board reviewed the site plan hand-dated 12/11/17, the elevations hand-dated 1/24/18 and the floor plan hand-dated 1/24/18 and discussed the observations made at the site visit.  The Site Review Committee report was read for the record.  With no further public comment a motion was made to close the hearing at 4:14 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. On or before January 31 of each year, the owner of the accessory apartment shall provide the Town Clerk with the name(s) of the year-round occupant(s) of the accessory apartment who are immediate family member(s) of the owner.        2.  The Board of Health shall approve a well and septic plan before obtaining a Building Permit.  The motion was seconded and with no further discussion passed unanimously with five in favor.
 
Article 6 Section 6.3; Tom Carberry for Richard and Ellen Muglia; 2 Wades Field Lane; Map 17 Lot 38.2:  Mr. Murphy opened the public hearing at 4:20 PM.  Mr. Carberry reviewed the plans dated 8/22/17 to erect a 200-year old barn frame accessory building to a height of 25 feet above mean natural grade.  The proposed building will replicate the main barn at 451 South Road, Map 25 Lot 5.  The project is in the South Road Roadside District.  Mr. Carberry pointed out the roof ridge height was lowered to 25 feet above mean natural grade and now matches that of the barn at 451 South Rd.  He added the space will be unconditioned, have power and no water service.  There was much discussion among the Board and Planning Board members present about whether or not the project meets the bylaw’s criteria.  It specifies the structure must be a dwelling and this barn does not meet the definition of a dwelling as outlined in     Article 2 Section 2.2 of the bylaws. The Board mentioned if the roof ridge was 24 feet high a Special Permit would not be needed.  The original site review committee report was read for the record.  With no public comment a motion was made to close the hearing at 4:50 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan dated 8/22/17 and elevation B-04 dated 12/7/17 as presented.  The motion was seconded.  There was much discussion over the bylaw language and specification that the structure be a dwelling.  The motion came to a vote and did not pass.  There were two votes in favor (Messr’s. Christy and Healy), two opposed (Members Weldon and Murphy because Section 6.3 specifies its application is for the “height of a dwelling”. The proposed structure’s use did not meet the definition of a dwelling as outlined in Article 2 Section 2.2 of the Zoning By-laws. Mr. Maloney abstained.

Article 6 Section 6.6 filed by Brooke Emin; Fannie’s Way; Map 13 Lot 10.5:  Mr. Murphy opened the public hearing at 4:55 PM.  Chuck H. explained the Board approved the creation of this Youth Lot and tonight’s petition is to locate the single-family residence less than the minimum setback distance from the lot line.  Ms. Emin reviewed a site plan dated 1/8/18 to construct a single-family residence in a location that does not meet the minimum setback distance from the northeast lot line.  The closest corner of the house is 12 feet from the lot line of Map 13 Lot 10.2.  Chuck H. read the required letters of consent from the abutters whose property is 100 feet from the proposed structure.  With no public comment a motion was made to close the hearing at 4:58 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan dated 1/8/18 as presented with the following special condition:  The Board of Health shall approve a well and septic plan before obtaining a Building Permit.  The motion was seconded and with no further discussion passed unanimously with five in favor.

DISCUSSION PLANNING BOARD:  Article 6 Section 6.11 (Big House Bylaw) feedback:  Ms. Malkin explained this bylaw requires review every two years to assess how it is being used.  Chuck H. shared the statistics of the three years prior to the bylaw’s adoption in 2013 and the details of each special permit that has been issued under the bylaw.  After much discussion the Planning Board members thanked the ZBA for their input.

DISCUSSION MARK HURWITZ AND PATRICK LINDSEY FOR ZABEL; 225 State Rd.; Map 33 Lot 122:  Chuck H. explained a Special Permit was issued for this project in December 2017.  Mr. Lindsey would like to review several changes to the design.  Revised plans hand-dated 1/24/18 were reviewed to show how the owner would like to eliminate a few windows facing his neighbor.  After brief discussion a motion was made to declare the changes as inconsequential to the approved design.  The motion was seconded and unanimously approved.  A second motion was made to approve the changes as recommended.  The motion was seconded and unanimously approved.

ADMINISTRATION:  The draft December 13, 2017 meeting minutes were reviewed and approved as presented by consensus.

The 2017 Annual Report was reviewed and unanimously approved by consensus.

The next meeting will be:  February 28, 2018 @ 4:00 PM

With no further business to conduct the meeting adjourned at 5:30 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.


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