Zoning Board Meeting Minutes 07/12/2017

MINUTES            July 12, 2017

 

Meeting held at Otis Town Hall

1 North Main Road, Otis, MA

7:00 pm – 9:30 pm

 

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, Nichole Logsdon, Amber Bach, Chris Bach, Christian Bach, Kelly Couch, Lauren Harrison, Jeff Harrison, Jean Tacke, Richard Massucco

 

Meeting convened at 7:00 pm.

 

Agenda item #1 Review 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.

Chairman Therese Gould made introductions of the board members and went over the procedures of the hearing.  She read the application and public notice.  This is a continuation of the Monday, June 12, 2017.

 

Kevin presented the proposed sign plans to the board.  The directory sign will be 24 sq. ft. with the two businesses divided equally on the sign.  The directional off premise sign plans show that they will be 1’x 3.5’.

Terry had questions about the properties that were stated initially on the original application.  Kathy Couch stated that all the lots were not listed on the application for the hearing on June 12, 2017.  A discussion at the last meeting was made clarifying the lots and that the owner of one of the lots was not Kevin and Wendy Rocke.  One of the lots is owned by Nicole Logsdon.  The directory sign is on 129 West Shore Road.  The directional signs are being requested for the corner of West Shore Road and Route 23 and the corner of West Shore Road and Reservoir Rd.

 

Geoff Geane asked the dimensions of the directory sign and what was going to be mounted on.  Geoff Geane and Ed Partyka discussed the meaning of free standing signs.

Ed Partyka asked Kevin if the signs were manufactured yet, Kevin stated that they have not.  Terry asked if the board felt that the post that is already is on premises be used for the signs.  The size of the poles will not be included in the dimensions of the sign.

 

Terry asked Kevin if the Bait and Tackle business was registered with the town.  Kevin stated that he did not do that as of yet.  However, the horse business has been registered for the last couple of years.  The zoning board at its last meeting asked Kevin to register his business.  Also, in a letter dated May 22, 2017 the planning board told Kevin that he must register the business with the Town Clerk.  The board will condition the permit that Kevin must register the business with the town.  Does the board make Kevin take the signs now due to the fact he did comply with the request of registering the business?  Discussion and decision was made.  The only sign that can remain is the one at 129 West Shore Road all other signs must be removed until the permit has sat in abeyance and the building permit is issued.

 

Terry questioned about the directional signs that were proposed.  The plans submitted show the signs to be 1’x 3½’.  The Town of Otis by law states that they cannot be greater than 3 square feet.  Kevin said he would revise the signs making them1’x3’.

 

Nicole Logsdon verbally granted permission that two directional signs can be placed on her property located on the corner of West Shore Road and Reservoir Road (Lot 52 on Map 15).  Kathy Couch mentioned that the board requested that a letter and verification of the lot and map numbers.  The board decided that we will look up the deed references.

 

Kevin was advised that there will be three different filings that he must make in order to have the signs.  Each parcel of land has a different deed and the sign permits must be filed on each of these deeds.

 

  • Lot 79 on Map 15 is 129 West Shore Road. This residence and place of the business.
  • 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.

 

Kevin was advised that failure to record each of the permits on the deeds will make the special permits invalid.

 

Meeting was closed to the public comment.  Larry made a point of order that the permits go to the deeds as long has these businesses are “up and running”.

 

Ed Partyka made a motion grant the special permit under Otis zoning bylaws 5.2.6 to be built to the

plans submitted to the board.

  • The directory sign at 129 West Shore Rd. (Lot 79 on Map 15) cannot exceed 24 sq. ft. The directory sign the two business that were mentioned in the application.  Each business cannot exceed 12 sq. ft.  The sign must be mounted (hung) on the current framework on the premisis.
  • The temporary sign located on 129 West Shore Rd. (Lot 79 on Map 15) may be allowed to stay until the twenty day appeal permit  has passed
  • The directional signs, one for Bait & Tackle and one for Horse riding, may allowed on the corner of West Shore Road and Route 23 (Lot 54 on Map 15).  The dimension of the directional sign cannot be greater than 3 square feet for each business.  Both signs must be mounted on the same post.
  • The directional signs one for Bait & Tackle and one for Horse riding may allowed on the corner of West Shore Road and Reservoir Road (Lot 52 on Map 15).  The dimension of the directional sign cannot be greater than 3 square feet for each business.  Both signs must be mounted on the same post.
  • The special permit for the signs is for the three signs that have been depicted in the plans submitted to the board at this meeting.
  • Prior to the end the abayence period and before the special permit is granted the businesses must be properly licensed with the Town of Otis.

 

The motion was seconded by Geoff Geane.  Terry Gould and Michael Ernst and James Kauffman 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.  The applicant can pick the notice of decision and filing 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 # 2017-07-01 – Christian H. Bach and Amber L. Bach

The affected lots are listed in the Otis Assessor’s records as Lot # 18 & Lot # 17 on Map 12B; located at 5 East 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: Chris and Amber Bach

Public Attendees Larry Gould, building inspector; Chris Bach, Christian Bach, Kelly Couch, Lauren Harrison, Jeff Harrison, Jean Tacke, Richard Massucco

 

Meeting convened at 7:35 pm

 

Terry read the application and public notice.  The applicants are requesting to demolish a non conforming deck and stairs and replace with a dimensionally smaller nonconforming deck and stairs under Section 3.3.5 and Section 3.3.7 of the Otis Zoning by-laws.  The deck and stairs encroach within the required setbacks

The affected lots are listed in the Otis assessor’s records as Lot # 18 & Lot # 17 on Map 12B; located at 5 East Shore Road, Otis, MA.

 

After the recess for the abutters left the hearing room to have a discussion.  The hearing resumed at 8:57 pm.

 

Terry Gould asked the building inspector to present the outline of what was agreed upon between The Bachs’ and The Harrisons’.

There will be a removal of the 66 inches of the stone wall extension.  The deck and stairs will not extend/ encroach any farther than the wall once the 66 inches are removed. If this is done the Harrisons will not object to the special permit being issued.

 

 

A legal document will be drawn up relieving the Harrisons’ of any liability for the wall if there are any damages done to the wall.

Michael Ernst and Geoff Geane had questions about the stairs and the deck.  Larry Gould stated that everything moves back 66 inches.

 

The will be a site meeting between the parties and Larry Gould to verify where the removal of the 66 inches (5 ½ feet) of wall will be.

 

Ed Partyka stated that new proposed setbacks would make him inclined to go make a motion to move forward.

Michael Ernst questions the encroachment of the deck and stairs. Larry stated with the removal of part of the wall will make the deck and stairs less non-conforming.

Michael Ernst still had issue with the removal of the deck and rebuilding without a permit.

 

A motion was made by Ed Partyka to approve as described by the building inspector and discussed by the board.  Jim Kauffman seconded the motion, Terry Gould and Geoff Geane voted for approval. Michael Ernst opposed the motion. Motion carried for the approval of the special permit.

 

 

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 #3Receive information from Building Inspector, Larry Gould

Discussion: Larry received a call regarding water runoff issues at the Saloomey/ Tavernia property.  Another sign application is on the horizon.

 

Agenda item #4 –Update for next meeting

Discussion:  Monday, August 7, 2017 is the next meeting. No applications have been received yet the deadline for applications is July 13, 2017. Another sign application is on the horizon.

 

Agenda item #5Mail

Discussion:  There was nothing to pass out.

 

Agenda item #6– Approve minutes from previous meeting

Discussion:  Tabled until next meeting.  There are many correction are needed.

 

Agenda item #7– Old/New business:

Discussion:  Geoff Geane had done a survey of all the signs in town.  Discussion of rewriting some of the bylaws to make them easier to read.

 

Meeting adjourned at 9:30 pm

Katherine Couch

Clerk Zoning Board