Town of Otis, Massachusetts
ZONING BOARD OF APPEALS
MINUTES October 5, 2020
Meeting via Zoom
7:00 pm – 7:45 pm
ZBA Members: (Present) Therese Gould, Michael Ernst, James Kauffman, RoseAnn DeRupo,
Wayne Woczyna, Geoffrey Geane, Robin Peterson
ZBA Members: (Absent) none
Clerk: Kathy Couch
Applicants: Jared J. Bruscoe and Kimberly E. Bruscoe, Mark Anthony and Wendy Medeiros-Anthony
Public Attendees: Larry Gould, Building Inspector; Donnie Chaffee, Elisa Romm, Matt Puntin, SK Design
The meeting was held via ZOOM; host Larry Gould
All votes are via role call
Agenda item #1 - Open Meeting: The meeting at convened 7:00 pm. Chairperson Terry Gould
opened the meeting and read the agenda. Introductions of the board members and clerk
were made. Introduction of the newest member to the board Robin Peterson was made. There is a quorum; there are five voting members and two alternates present.
Agenda item #2 – To hear and act upon the special permit application of Jared J. Bruscoe and Kimberly E. Bruscoe. The applicants are requesting a Zoning By-Law Special Permit under Sec. 3.3.5 of the Otis Zoning by-laws as to maintain a pre-fabricated 12’x 16’ shed. The front setback requested is 10’ and the left side setback requested is 5’ from the property lines.
Kathy Couch, ZBA clerk, stated that the public notice was placed in the Berkshire Eagle on Monday, September 21, 2020 and Monday, September 28, 2020. A mailing with the public notice was sent to the abutters within 300’ of the property on September17, 2020. No letters for or against the application were received by mail or email.
Applicant Kim Bruscoe stated that they would like to place a 12’x 16’ pre-fabricated shed on their property. The shed will not be on sona tubes or a concert slab. It would be 5’ feet from the property line. There was a letter in the package from the abutting neighbor stating that he was fine with the placement of the shed. It will be about 10 feet from the road. The spot that they would like to place it in is the same spot that the previous garage was. The garage had to be removed to in order for the new septic system to be put in.
Chairperson Therese Gould closed the public portion of the meeting at 7:17pm.
Discussion of the board members. Chairperson Gould stated that the shed will only be at temporary structure. There is evidence that there was a previous structure in the location of where the Bruscoes would like to place the shed. She felt that there was a previous structure in that same place and this would fall under replacing the old structure. The usual guidelines for a new structure then would not apply.
Member RoseAnn DeRupo had a question regarding the previous structure’s setbacks. Member DeRupo felt that 5 feet was very close to the property line. Chairperson Gould stated that the board has no record of how
close to the property lines that the previous structure was. Chairperson Gould then stated that we know there was a structure there from the Assessors property cards. Member DeRupo asked if the previous structure was “permanent”. It was stated that it was a garage that was removed to update the septic system. Member DeRupo asked if there was a way that it could be moved away from the property line. Chairperson Gould stated that the septic covers for the field were in the location of where they wanted to place the shed. Member Geoff Geane stated that the applicant said that the shed was going in the same location as the previous structure and her felt there was no way to not believe them.
Chair Gould asked for a motion from the floor to accept the special permit application. Geoff Geane made the motion. Member Jim Kauffman seconded the motion.
A roll call vote of all members of the board was done. The vote was to grant the special permit application as submitted to the board:
Therese Gould – aye
Geoff Geane- aye
Michael Ernst – aye
Jim Kauffman – aye
RoseAnn DeRupo -aye
Wayne Woczyna – aye
Robin Peterson – aye
The motion carried 5-0 with the two alternate members also voting for the approval of the special permit application.
Chairperson Gould advised the applicant that the special permit will sit in abeyance for 20 days with the Town Clerk. The applicant can pick up the “Notice of Decision” and “Notice for Filing” on the 21st day. Then the applicant needs to file the permit with the Registry of Deeds in Pittsfield. Then they bring the receipt of filing to the Building Inspector Larry Gould 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 #3 - To hear and act upon the special permit application of Mark Anthony and Wendy Medeiros-Anthony. This is a continuation of the August 3, 2020 and September 8, 2020 meetings.
ZBA Members: (Present) Therese Gould, Michael Ernst, James Kauffman, RoseAnn DeRupo,
Wayne Woczyna, Geoffrey Geane, Robin Peterson
ZBA Members: (Absent) none
Clerk: Kathy Couch
Applicants: Mark Anthony and Wendy Medeiros-Anthony
Public Attendees: Larry Gould, Building Inspector; Donnie Chaffee, Elisa Romm, Matt Putin, SK Design
The meeting at convened 7:22 pm. Chairperson Terry Gould opened the meeting and read the agenda. As a point of order Kathy Couch, ZBA clerk, stated that the public notice was placed in the Berkshire Eagle on Monday, July 16, 2020 and Monday, July 23, 2020. Clerk Couch stated that the setbacks that were read by Chairperson Gould are not the setbacks that are being presented this evening. The new setbacks and packet information was received on September 30, 2020. The information was emailed to the board members.
Matt Puntin of SK Design on behalf of the Anthony’s presented to the board. He requested to share the screen so he could present the new design and proposed setbacks. He walked the audience and board members through the plans. On the left side is North Lake Ave. that is where the road frontage is located the applicants plan to build 35’ from the setback. The minimum requirement for the front setback is 25’ ; the applicants are respecting the frontage requirement by keeping the additional porch and deck 35’ from the setback. On the southern side setback, they are looking to add a 15’ 4’ addition on the structure. This does meet the minimum 15’ setback requirement on a non-conforming lot. Currently the closest point of the structure to the property line is 5’6” from the property line. The Anthony’s are would like to put an addition on the house that will be 6’0” from the property line. This addition is less non-conforming than the current non conformity. He showed the additions and decks.
Chairperson Gould asked if there were any questions from the audience. She closed the meeting to the public at 7:33 pm.
Member Michael Ernst wanted to know if the abutter on the northern side had any comments about the project.
Abutter Elisa Romm on the northern side of the property sated that she was fine with the new proposal especially because of the lack of windows facing her property.
Member RoseAnn DeRupo wanted to know what the setback of proposed addition was. It was stated that the setback on the addition would be 5’6”. Member DeRupo wanted to know if there were any objections from any other abutters. Clerk Couch stated that there were no objections received. Chairperson Gould stated that the new plan is less non-conforming than the first plan presented in July.
Member Ernst asked if the height of the building was within the required elevation. Inspector Larry Gould said that the special permit addresses the increase of the height. Clerk Couch stated that the height of the proposed structure will be 26’6”. Chairperson stated that the height was not at issue.
Member Jim Kauffman made the motion. Member Michael Ernst seconded the motion.
A roll call vote of all members of the board was done. The vote was to grant the special permit application as submitted to the board:
Therese Gould – aye
Geoff Geane- aye
Michael Ernst – aye
Jim Kauffman – aye
RoseAnn DeRupo -aye
Wayne Woczyna – aye
Robin Peterson – aye
The motion carried 5-0 with the two alternate members also voting for the approval of the special permit application.
Chairperson Gould advised the applicant that the special permit will sit in abeyance for 20 days with the Town Clerk. The applicant can pick up the “Notice of Decision” and “Notice for Filing” on the 21st day. Then the applicant needs to file the permit with the Registry of Deeds in Pittsfield. Then they bring the receipt of filing to the Building Inspector Larry Gould 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 #4–Approve minutes from previous meeting:
Discussion: August minutes: Were not approved
September Minutes: Minutes were approved
Agenda item #5–Receive update from Building Inspector, Larry Gould
Discussion: There will be two hearings for October 22, 2020
Agenda item #6 - Next Meeting
Discussion: Clerk Couch stated that there was an error in the publishing of the public notice for the hearing that was scheduled for Monday, October 19, 2020. Discussion took place of finding a different date in the same week. Decision was made by the board members to hold the meeting Thursday, October 22, 2020. The meeting will probably be held remotely using Zoom.
Agenda item #7 – Old Business and New Business/ Items unanticipated by the chair
Discussion: No discussion
Agenda item #8 - Adjournment
Discussion: Motion made by Michael Ernst to adjourn. Member RoseAnn DeRupo seconded
the motion. Member Wayne Wosczyna voted in favor, Member Jim Kauffman voted in favor,
Chairperson Therese Gould voted in favor. Motion carried 5-0. Meeting adjourned at 7:45 pm.
Respectfully submitted,
Katherine Couch
Clerk Zoning Board