Town of Otis
Zoning Board of Appeals
November 6, 2023
Meeting via Zoom
7:02-8:15 p.m.
Members present: Travis Ward
Terry Gould
Wayne Woczyna
Jim Kauffman
Gordon Middleton, alternate member
Trish Teatrault: Clerk
Public attendees: Rich Bleier, Jake Tonlino, Curt Thiem, Mark Annis, Anna Levine, Sunday Burke, Bill Burke, Caroline Brown, Roland Nadeau,
1. Chairperson Ward called the meeting to order at 7:02 pm. Introductions were made, and he explained the application process and the procedure for public comment.
2. To hear and act upon the application of Bill and Sunday Burke, for a Zoning
By-law Special Permit under Sec. 3.3.5, of the Otis Zoning By-laws, to construct an addition to be used as a garage with living space. The proposed front set-back would be 13 foot 5 inches from the property line. The proposed structure would be 6′ 6″ back from the pre-existing/non-conforming foundation.
The chair recognized and welcomed the Applicants, Mr. and Mrs. Burke and invited them to present their application to the board.
Mr. Burke gave a brief history of the ongoing project to renovate his home and add a garage and additional living space. An updated plot plan showed that lot lines were not what he thought they were when his project began which makes the new addition more non-conforming than he first thought. The applicant does not wish to move the project to the needed 25′ as he does not wish to cut further into the steep bank behind the house. Mrs. Burke added that the new addition would be less non-conforming than the original house.
Comments and questions from the board:
Travis asked Larry Gould to clarify the setbacks as the 13 feet is difficult to understand due to the severe slope of the property. Larry Gould clarified that the measurement is from the centerline at the road horizontally. The house is actually closer than 13 feet at 2-4 feet from the line. The addition would be considered at 13′.
Mr. Burke felt that the house was more like 6′ where the front door is at the jog in the wall of the existing foundation. Travis was satisfied that the setback is further than what currently exists.
Terry noted that the property goes back over 100 feet from what she could understand from the provided documents. She noted that excavation of the bank would still have to be done and was concerned about crowding at the front of the property and increasing the non-conformity when there is plenty of room behind. Terry asked who they had hired as an engineer as she could not find the engineering report with the attachments provided.
The applicant expressed that he did not want to cut back into the hill.
Wayne asked if Conservation had been involved. It was clarified that, as the property is across the road from the lake, it was not needed.
Two letters were written in support of the Burke’s application.
Abutter. Bill Bleier 1165 Reservoir(attached).
Neighbors Geoff and Nancy Pigman.
Anna Levine 1237 Reservoir Rd, speaking for herself and her father Jay Pershing.
Peter and Gerry Rybacki 1187 Reservoir Rd, sent a statement in support (attached)
No further comments from board or public.
Motion to close the public hearing: Terry Gould
Seconded: Jim Kauffman
Board Discussion:
Travis noted that the Burke’s have gone through a lot of hardships to get to this point. He was concerned about the hill and possible encroachment into the leach field. He feels they are doing the right thing.
Concerns were raised about digging into the hill.
Terry disagreed and stated that there is plenty of room on the property to go back. The hill has already been cleared, as shown in the photograph they provided. She feels that they are limiting their own access down their driveway and expressed safety concerns for anyone accessing the driveway or the road. There is an approved permit in place for 25 feet back and it is not a hardship as there is land to be able to build on.
Travis would also like to request that we see the engineering report as it was not included with the attachments.
Another member agreed, noting that they did not see anything from an engineer.
Travis asked if there was an engineering report that could be given to us. Mr. Burke confirmed that he did not have an official engineering report. Travis expressed concern that we don’t have an engineering report for the proposed garage, or for what they are proposing in the special permit as well.
After further discussion a motion to continue the application to the December 4th pending the receipt of an engineering report was made.
Motion to continue: Jim Kauffman
Seconded: Wayne Woczyna
It was noted that Gordon would be a voting member for tonight’s applications.
Terry: aye
Jim: aye
Wayne: aye
Gordon: aye
Travis: aye
3: Application for George Martin has been withdrawn.
4: To hear and act upon the application of Roland Nadeau and Jean-Guy Nadeau, for a Zoning By-Law Special Permit under Sec. 3.3.3 of the Otis Zoning by-laws to demolish existing garage and construct a two-car garage twenty-two feet by twenty-three feet ( 22′ x 23′), thus decreasing the front setback from thirty-one feet (31′) to twenty-one feet (21′).
Mr. Nadeau was welcomed and invited to present his information.
He first clarified that the letter received from the board stated 31′ setback but it is actually 25′. The error and correction were acknowledged and clarified by the building inspector.
Mr. Nadeau noted that in a previous application the setback requested was 15′ from the paving and that the new application is for 21′. The garage will be used for storage only.
Clarification that the difference in setback is 4′ from 25″ to 21″.
Question was asked about the size of the garage fitting in the space and Mr. Nadeau clarified that the structure is being moved 5′ closer to the septic system and that there would be no disturbance of the system due to construction.
Public comment was made in support of the applicant by abutter Caroline Brown, 176 Kibbe Rd.
No letters were received regarding the application.
Motion to close discussion to the public: Jim Kaufman
second: Wayne Woczyna?
All in favor.
The hearing was closed to the public. Travis asked for comments from the board.
Terry noted that the applicant is trying to work in good faith, splitting the difference to be able to proceed. Still pretty close but a much better setback compromise.
A short discussion about Kibbe Rd being fairly narrow and so many structures are close to the road. Another member noted that the applicant has worked very hard to support his proposal.
Motion to accept the application as presented : Gordon Middleton
Seconded: Jim Kaufman
Jim Kauffman: aye
Wayne Woczyna: aye
Gordon Middleton: aye
Terry Gould: aye
Travis Ward: aye
5. Approve Minutes from previous meetings: No minutes were available for tonight.
missing minutes from the past 2 meetings
6. Old/New Business and items unanticipated by the chair:
none
7: Update from the Building Inspector:
Travis asked Larry about the notification from the Commonwealth about the Cell Tower by-law. Larry clarified that there is not action to be taken. The town voted at the annual town meeting to approve the amendment to the existing cell-tower by-law. The Attorney General reviewed and approved the changes and it will be included in the new edition of our Zoning By-laws.
8. Next Meeting December 4th. As of now there will be 3 hearings: Woczyna
Traversa
Burke continuation.
The clerk asked for clarification. When she receives notices from other town entities, should she be forwarding them on to the board. She was told that she should forward them to the board.
9: Motion to adjourn: Jim Kauffman
second: Terry Gould
meeting adjourned: 8:15