Town of Otis, Massachusetts
ZONING BOARD OF APPEALS
MINUTES
March 7,2016
Meeting held at Otis Town Hall
1 North Main Road, Otis, MA
7:00 pm – 7:50 pm
ZBA Members: (Present) Therese Gould, chair, James Kauffman, Katherine Couch, Michael Ernst, Edward Partyka
ZBA Members: (Absent) Geoffrey Geane, Al Hurley
Applicant(s): David and Carol Fishman
Public Attendees: Larry Gould; Building Inspector, AnneMarie Stempel, Robert McMahon, David Fishman, John Masik
Agenda item #1 – Review and hear the Special permit application
Case # 2016-03-01 David and Carol Fishman
The property is shown on the Otis Assessor’s Map 17C, Lot 10 located at 42 South Gate Island Road.
Meeting at convened 7:02 pm. Introductions of the board members were made.
Chairman Therese Gould went over the procedures of the hearing. She read the application and public notice. The applicant requests a Zoning By-Law Special Permit under Sec. 3.3.5 of the Otis Zoning by-laws as to construct a one story addition with an entry porch within the required setbacks.
The legal notice of the hearing was published in the Berkshire Eagle on February 22, 2016, and February 29, 2016. The abbutters and town boards were notified on February 18, 2016.
A letter was received from an abutter for the project has been received. The letter is from Carandan Real Estate Trust. Chair Terry Gould read the letter into the record.
Robert McMahon, architect for the Fishmans’ presented the project to the board. The requested setback is is closer to the side setback than on original application. The application states the setback would be 12’. The actual setback (encroachment) would be 11.5. This was discovered after the survey was done.
The applicants would like to place an 10’ addition to the current addition. This creates a different entryway and new bedroom.
Michael Ernst questioned how far out the addition would go to the current lines of the house. The addition would be cantilevered 2 feet.
Mr. Fishman stated that there is a new well and septic planned for the property that is why they are asking for the addition the way it is set on the plans. Now would be the time to do the renovations due to the fact once the septic is in you can’t drive over it.
Current pictures of the property were shown and submitted to the board.
Ed Partyka had a few questions. Please clarify the setbacks on the application. The application stated 2.10” on the side setback. Mr McMahon stated that was setbacks on the house in general not the side where the addition would be.
New site plans were submitted to the board showing the corrected encroachments.
Ed Partyka questioned about the location of the abutters who sent in the letter of approval. They are the abutters that are the abutters directly next to the proposed setback encroachment.
Chair Terry Gould closed the meeting to the floor. Discussion of the board members took place.
Kathy Couch stated that she did not have any concerns about the property. The applicant is only losing their own parking/grassy area. The arborvitaes are a large buffer between the neighbors and the addition is only going over 2 feet from the current structure. The project is modest and there is no substantial impact to the neighborhood.
Ed Partyka made the motion to approve the application for the special permit under Section 3.3.5 and Section 3.3.3 as amended by the new plans submitted to the board this evening.
Michael Ernst seconded the motion. James Kauffman Terry Gould and Katherine Couch were in favor to approve the plans as submitted to the board.
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. File it with the Registry of Deeds 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 #2 – Review and hear the Special permit application
Case # 2016-03-01 David and AnneMarie Stempel
The property is shown on the Otis Assessor’s Map 17C, Lot 10 located at 41 North Lake Avenue
ZBA Members: (Present) Therese Gould, chair, James Kauffman, Katherine Couch, Michael Ernst, Edward Partyka
ZBA Members: (Absent) Geoffrey Geane, Al Hurley,
Applicant(s): Dennis C. Stempel and AnneMarie Stempel,
Public Attendees: Larry Gould; Building Commissioner, AnneMarie Stempel, John Masik
Meeting at convened 7:20 pm.
Kathy Couch handed out papers containing emails that are pertinent to the current hearing. The board member took a moment to read these letters.
Opened meeting 7:24 pm
Chairman Therese Gould went over the procedures of the hearing. She read the application and public notice. The applicant requests for a Zoning By-Law Special Permit under Sec. 3.3.5 of the Otis Zoning by-laws as to expand two existing decks and construct two sets of stairs within the required setbacks.
The legal notice of the hearing was published in the Berkshire Eagle on February 22, 2016 and February 29, 2016. The abutters and town boards were notified on February 18, 2016.
No letters or emails in favor or against the project have been received as of 10:00 am March 7, 2016.
Kathy Couch stated that she is a voting member and also the clerk. Introductions of the board members were made.
She explained the process of the application. The applicant or applicants’ agent sits down with the building inspector and goes over the application. He then signs off on the application then it is filed with the Town Clerk. She also stated that there are resources available online regarding the application process. Kathy received an email from Ryan Nelson with a copy of the plans for the application. She requested a cleaned up copy of the plans on February 11, 2016. Jon Goddard email the requested items at 10:00 am today (March 7, 2016).
Larry Gould, Building Inspector emailed and requested from Ryan Nelson the following:
“Please add these documents: An existing conditions plan~ for the board to see what changes are being proposed.~ Elevation drawings for the North, West and South side deck views, again so the board can see what changes are being proposed.”~. These items that were requested were not received. The request was on February 18, 2016
Kathy felt that the she could not go forward with the application due to the fact that there were not any dimensions for the deck on the plans submitted to the board. On the application there is a checklist with the documents that are required for the application. She believes that the building inspector took this application on good faith that the necessary paperwork would be forthcoming a timely manner for the meeting.
Larry reiterated to the applicant, Mrs. Stempel, the application process. Larry moved the application forward without all the documentations so they could meet the deadline for the March meeting. Kathy Couch made and gave AnneMarie Stempel and John Masik, RLevesque Associates, copies of the emails
Terry Gould stated she definitely agreed with Kathy that there was not enough information to go forward.
Ed Partyka stated that we have a “point of order” even before the application is heard or discussed. The board wants to preserve the application without prejudice. In other words, if the board went ahead and heard the application tonight they could say that they do not have enough information to go forward which means a denial. A denial will bar the applicant for reapplying for the same project for 2 years. The board does not want that to happen. What can be done is to continue the hearing for a month to April 5, 2016, and produce the documents that will enable the board to make an informed decision.
Kathy Couch made a motion to continue the hearing of the Stempels’ application without prejudice for their property on 41 North Lake Avenue until April 5, 2016. Jim Kauffman seconded the motion. Ed Partyka, Terry Gould and Michael Ernst were all in favor.
Agenda item #3 –Update for next meeting
Discussion: The next meeting will be Tuesday, April 05, 2016 to hear the continuation of the Stempels’ application.
Agenda item #4 – Receive information from Building Inspector, Larry Gould
Discussion: Large solar installation is in front of the planning board. No applications have been given to him to review.
Agenda item #5– Mail
Discussion: The clerk, Kathy Couch, stated there a training session upcoming in Worcester if anyone is interested let her know.
Agenda item #6– Approve minutes from previous meeting
Discussion: All voted to accept the minutes as written from the September 9, 2015 meeting.
Agenda item #7– Old/New business
Discussion:
Meeting adjourned at 7:52 pm
Katherine Couch
Clerk Board of Appeals