Zoning Board Meeting Minutes 06/19/2017

MINUTES            June 19, 2017

 

Meeting held at Otis Town Hall

1 North Main Road, Otis, MA

7:00 pm – 8:00 pm

 

ZBA Members:  (Present) Therese Gould, chair, Geoffrey Geane, Michael Ernst, Edward Partyka, James Kauffman, Kathy Couch

ZBA Members:  (Absent)

Applicant(s) Present: Peter Sullivan, member KTI Realty

Public Attendees: Larry Gould, building inspector, Bill Hiller, Kevin Rocke, Wendy Rocke, Nancy Kalodner, Mary Jane White, Brandon White, Charlie Hood

Meeting at convened 7:00 pm

 

Agenda item #1 Review and hear the Special Permit application

Case # 2017-06-0 – KTI Realty LLC, DBA Knox Trail Inn

The property is shown on the Otis Assessor’s Lot # 52 on Map 16; located at 1898 East Otis Road, Otis, MA.

 

Chairman Therese Gould made introductions of the board members and went over the procedures of the hearing.  She read the application and public notice.  Point of order was made by Jim Kauffman.  Jim is a member of the KTI Realty group and will recuse himself from this special permit hearing.  Kathy Couch will be the fifth member of the board for this application.  The applicant is requesting to erect and maintain two signs in the V-1 Village District under Sec. 5.2.6 of the Otis Zoning by-laws.

 

The abutters were notified on June 3, 2017. The legal notice of the hearing was published in the Berkshire Eagle on Monday, June 5, 2017 and Monday, June 12, 2017.  The public notice was posted in the Town Hall on May 31, 2017.

 

Peter Sullivan, member of KTI Realty LLC, D/B/A Knox Trail Inn, presented his case to the board.  Peter stated that they would like to replace the preexisting 2.75 feet x 6 feet wide rectangular sign that is approximately 16.5 square feet with a circular 4’ round sign that is 12 square feet.  The freestanding replacement sign will be in the same location as the previous sign.  Drawings of the signs were presented to the board.

 

Michael Ernst asked if the sign would be lighted and Peter stated it would be lit with a light on each side that faces downward shining onto the sign.  It was illuminated before.

Terry asked if there were any questions from the public. She then closed the public portion of the meeting.

 

Kathy stated she considered this a replacement sign under the zoning bylaws.  The proposed sign is smaller than the old sign so there is less impact due its smaller size.  The reduced size of the sign will have will reduce the impact on the visual field of the cars pulling out of Reservoir Road onto Route 23.  As a reminder, she stated it needs to follow the zoning by-laws that restrict neon, etc. – Otis By law 5.2.1(1)

 

Ed Partyka had questions regarding the location and frame work that holds the sign.

Peter mentioned that the sign will be in the exact location of the previous frame work. The framework was replaced due to the rotting wood.  Also the height and width will remain unchanged.   Ed stated he felt that Otis zoning by law under grandfathered signs (5.2.3) would apply to this application.  His reasoning was due to the fact the sign has not been enlarged, redesigned or altered in any substantial way.

 

Terry Gould agreed that the sign should be considered grandfathered.

Review and discussion of the 5.2.6(3) between the board members

 

 

Kathy made a motion grant the special permit under Otis zoning bylaws 5.2.3 and 5.2.6 to be built to the

plans submitted to the board.  Seconded by Geoff Geane.  All other members voted in favor grant the special permit for the sign.

 

The application did satisfy the mandatory provisions of MGL, Chapter 40A, and other pertinent statutes and the zoning by laws of the Town of Otis.

 

Chairman advised the applicant that the special permit will sit in abeyance for 20 days with the town clerk.  Then applicant can pick it up on the 21st day. Then file the permit with the Registry of Deeds in Pittsfield then bring the receipt of filing to the building inspector for the building permit.  Failure to file or act upon the permit within two years will make the special permit null and void.

 

Agenda item #2Review and hear the Special permit application

Case # 2017-06-02 – Mary Jane White and Cohen & White Associates

The property is shown on the Otis Assessor’s Map 10D, Lot 35 located at 11 East Otis Road, Otis, MA.

 

ZBA Members:  (Present) Therese Gould, chair, Geoffrey Geane, Michael Ernst, Edward Partyka, James Kauffman, Kathy Couch

ZBA Members:  (Absent)

Applicant(s) Present: Mary Jane White

Public Attendees Larry Gould, building inspector; Bill Hiller, Kevin Rocke, Wendy Rocke, Nancy Kalodner, Mary Jane White, Brandon White, Charlie Hood, Peter Sullivan

 

Meeting at convened 7:10 pm.

 

Chairman Therese Gould made introductions of the board members and went over the procedures of the hearing.  Jim Kauffmann will be the fifth voting member of the board.

 

Terry read the application and public notice.  The applicant is requesting to erect and maintain two signs in the V-1 Village District under Sec. 5.2.6 of the Otis Zoning by-laws.  The lot is listed in the Otis assessor’s records as Lot # 35 on Map 10D; located at 11 East Otis Road.

 

The abutters were notified on June 3, 2017. The legal notice of the hearing was published in the Berkshire Eagle on Monday, June 5, 2017 and Monday, June 12, 2017.

Posting of the public notice in the Town Hall was made on May 31, 2017.

 

Mary Jane White addressed the board and stated that she and Nancy Kalodner merged their real estate businesses.  Benchmark and Cohen and White are under the same name.  Basically, this is the same business with the same people.  They slipped out the round Benchmark signs and changed it to a square Cohen and White sign.  The new signs were designed in mind they didn’t want them to be any larger than the current Benchmark signs.  They measured the circular Benchmark sign; it was 4’x4’ and then made the new design into a square 4’x4’ sign.  They didn’t think that they needed to have a special permit for the signs.  They are here tonight hoping that the signs that are already made will satisfy the zoning bylaws and are approved.

A picture of a sign from 1994 was presented to the board.  A copy was entered for the record. The picture shows the round sign in a frame of considerable height around 20’ high.  The sign was in a much larger frame.  The requested signs will not be illuminated

 

 

 

 

Nancy Kalodner stated there have been two Benchmark signs there since 1979.  The proposed signs are located in the exact location using the same framework.

 

Ed Partyka stated that the requested signs are not substantially different from the previous signs; therefore they should be considered grandfathered signs under 5.2.3 and 5.2.6

 

Michael Ernst made a motion grant the special permit under Otis zoning bylaws 5.2.3 and 5.2.6 to be built to the plans submitted to the board.  Seconded by Jim Kauffman.  All other members voted in favor grant the special permit for the sign.

 

The application did satisfy the mandatory provisions of MGL, Chapter 40A, and other pertinent statutes and the zoning by laws of the Town of Otis.

 

Chairman advised the applicant that the special permit will sit in abeyance for 20 days with the town clerk.  Then applicant can pick it up on the 21st day. Then file the permit with the Registry of Deeds in Pittsfield then bring the receipt of filing to the building inspector for the building permit.  Failure to file or act upon the permit within two years will make the special permit null and void.

 

Agenda item #3Review and hear the Special permit application

Case # 2017-06-03 – Kevin Rocke and Wendy Rocke

The property is shown on the Otis Assessor’s Map 15, Lot 75 and Lot 76 located at 129 West Shore Road, Otis, MA.

 

ZBA Members:  (Present) Therese Gould, chair, Geoffrey Geane, Michael Ernst, Edward Partyka, James Kauffman, Kathy Couch

ZBA Members:  (Absent)

Applicant(s) Present: Kevin Rocke, Wendy Rocke,

Public Attendees Larry Gould, building inspector; Kevin Rocke, Wendy Rocke, Bill Hiller

 

Meeting at convened 7:25 pm.

 

The abutters were notified on June 3, 2017. The legal notice of the hearing was published in the Berkshire Eagle on Monday, June 5, 2017 and Monday, June 12, 2017

Posting of the public notice in the Town Hall was made on May 31, 2017

 

Terry Gould read the application and public notice.  The applicants are requesting to erect and maintain signs in the V-1 Village District under Sec. 5.2.6 of the Otis Zoning by-laws as.  The lots are listed in the Otis assessor’s records as Lot # 75 on Map 15 and Lot # 76 on Map 15; located at 129 West Shore Road, Otis, MA

 

Kevin Rocke would like to replace the signs that were in place since the 1980’s.  He is now in the Bait and Tackle business.  He would like to have three permitted signs.  One at 129 West Shore Road where the business is located, one at the corner of West Shore Road and Rt. 23 and one at the intersection of Reservoir Road and West Shore Road.

Terry Gould questioned Kevin about the amount of signs and the horse business.   Kevin stated that the restaurant business has been closed for about three years and they are running a horse riding business.  Michael Ernst had questions regarding that the application only stated the bait business and he only mentioned two signs.

Kevin wants to have signs for both businesses. That would be one directional sign for each business at the corners previously specified. One directory sign would be placed at the location of the business which is 129 West Shore Rd., Otis.

 

 

 

Kathy stated that there is confusion of the lot numbers on the application.  Clarification below:

  • Lot 79 on Map 15 is 129 West Shore Road. This residence and place of the business.
  • Lot 76 on Map 15 is the surrounding the property at 129 West Shore Road. (not for special permit)
  • Lot 54 on Map 15 is the property on the corner of West Shore Road and Route 23.
  • Lot 52 on Map 15 is the property on the corner of West Shore Rd. and Reservoir Road.

 

This property is not owned by him. Nicole Lodgson is the owner of record.  Assessor’s maps were shown to clarify the lot numbers and location of the requested signs.  Kevin stated that Nicole is his daughter and that he has rights granted to him in the deed.  Ed asked if he had a copy of the deed with him.  Kevin stated that he did not.  Ed stated that a permit for this property could not be granted unless there was a copy of the deed showing the “reserved rights” or a letter from the owner of the property.

 

Terry stated that the horse riding and bait shop are new businesses and are not grandfathered. There signs for the businesses that are erected are unpermitted  Banners and signs on the corner Reservoir Road, Route 23 and West Shore Road.  There are also abandoned signs on the corner of West Shore Rd and Route 23.  Terry question how many signs is Kevin applying for? Is the application for two businesses and for six signs in total? Kevin presented his drawing of the requested signs.  There were no dimensions on the drawings.

Terry stated that due the fact that these are new business that they must be built to the current by laws.

Off premise signs and on premise signs have different dimensional requirements. Otis bylaws were read 5.2.3.

Michael Ernst stated that the application didn’t state for two businesses.

Under 5.2.1 (4) of the Otis bylaws an off premise sign can only be up to 3 square feet.  The signs cannot have moving part or neon.  On premise, multi business signs must either be standing or mounted on the building.  Free standing or mounted on the building cannot exceed a total of 24 square feet divided equally between the business.  Each business cannot exceed 12 square feet.  Due to the fact that the previous business was abandoned was over two years.

If the sign is off premise the applicant must own the property.  If the sign is off premise the owner of record must grant permission.  Kevin stated that he didn’t own the property and does have reserved rights for future use in the deed.

Kevin was asked if the bait & tackle and horse riding businesses were registered with the town.  He stated that the horse business was.  He stated he has been busy and did acknowledge that he was currently running the business.  He was advised that he needs to get the business registered with the town regardless.  The planning board told him that he had to register the business.

There is not enough information provided by the applicant in order to move the application forward Suggestion was made to continue the meeting until Wednesday, July 12, 2017. Ed Partyka made the motion to continue.  Michael Ernst seconded.  All the members agreed to continue the meeting until July 12, 2017.

Kevin was advised that he should come to the next meeting with a copy of the deed for property of Nicole Lodgson (Lot 52 on Map 15) showing his reserved rights to use the property or a letter granting permission to erect and maintain a sign on the property.  Bring deigns and dimensions of the proposed signs for each business to the board before the July 12th meeting.  Also register the Bait and Tackle business with the town clerk.

 

 

 

Agenda item #4 –Update for next meeting

Discussion: Wednesday, July 12, 2017

 

Agenda item #5Receive information from Building Inspector, Larry Gould

Discussion: Discussion of the sign by laws.  Revisions need to be made.  Geoff Geane stated he will survey all the signs in the town and the can look at the dimensions to go forward in revising the bylaws.

 

Agenda item #6– Mail

Discussion: There was nothing to pass out.

 

Agenda item #7– Old/New business:

Discussion: Terry Gould was reelected to chair the meeting for FY 18

 

Meeting adjourned at 8:00 pm

Katherine Couch

Clerk Zoning Board