Zoning Board Meeting Minutes 11/04/2024

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Town of Otis, Massachusetts
ZONING BOARD OF APPEALS – Meeting Minutes November 4, 2024
Meeting held via Zoom 7:00 pm – 7:19pm
ZBA Members (Present):
• Travis Ward, Chairperson
• Wayne Woczyna, Member
• Jim Kauffman, Member
• Terry Gould, Member
• Gordon Middleton, Alternate

ZBA Members (Absent):
• RoseAnn DeRupo, Member

Lisa Crozier, ZBA Clerk
Larry Gould, Town of Otis Building Inspector

Public Attendees:
Thomas and Natalie Pelland, 858 Tolland Road
Dana Bixby, Architect

Agenda item #1: Open Meeting/Introductions

Travis Ward, Chairperson opened the meeting at 7:00pm. He welcomed Thomas and Natalie Pelland and Dana Bixby. Introduction of the Board Members was made. Lisa took Roll Call, there was a quorum; there were four voting members and one alternate present tonight. Travis gave an overview of how the meeting will be conducted.

Agenda item #2: Chairperson Ward read the Public Notice into the record: To hear and act upon the application of Thomas and Natalie Pelland, for a Zoning By-Law Special Permit under Sec. 3.3.5 of the Otis Zoning by-laws for a two-story house addition made to an existing non-conforming two-story house. The new addition is proposed to be further from the existing setbacks and would be less non-conforming than the existing house.
Dana Bixby, Architect for the Pelland’s, explained that the Pelland’s would like to ultimately retire to this home and therefore, updates need to made to accommodate their lifestyle which include a Crafting Area, an area for a Baby Grand piano, and a Family Room. The lot is .43 acres, 50’ wide so is a non-conforming frontage and doesn’t meet the area requirements of 1 acre and is in the R40 District. The new design of the addition has 15’ of setback on the right side and 5’ on the left side. It is in a wooded area so the addition would not be visible to neighboring homes. They feel it meets the requirements of 9.3.2 of 1) Retirement and will contribute to the community and the town 2) Single family home so no impact on traffic 3) no impact on public service and utilities 4) will be fulltime residents and contribute to the community 5) no impact on the natural environment as it is more than 150’ from the lake 6) no impact on town services and adds to the tax base.

The addition is an open plan with a family room and piano room on the first floor, the craft room on the balcony on the second floor. The addition will be about 1200’ so is about 50% larger than the existing home.

The Chair opened to the Board for discussion:

Travis – thanked Ms. Bixby and the Pellands for completing a quality application for the Board to review.

Terry – inquired about the location of the septic system as it wasn’t included in the plans.

Ms. Bixby – explained it was located in the front yard, facing the lake.

Travis – inquired if the septic could handle the addition.

Ms. Bixby – explained there were no bedrooms added as there wasn’t capacity on the lot to handle it.

Mrs. Pelland – added that she is an indoor person while her husband is an outdoor person.

Travis – asked if other Board members had comments and there were none.

Meeting was opened to the Public:

Immediate Abutters – there were none present

Travis – asked Lisa if there was any written correspondence from any abutters and there was none.

Motion to Close Public Portion of the Meeting – Terry Gould
Seconded – Jim Kauffman
All voted Aye (5)

Travis asked for comments from the Board:

Travis – thanked the Pellands and Ms. Bixby for their complete and well-done application and to Ms. Bixby for her drawings. Also their efforts to keep the setbacks at or greater than the existing house so that they are not encroaching more than they were was appreciated given the narrow lots in that area. Travis supports this application.

Motion to accept the application as presented: Jim Kauffman
Seconded: Wayne Woczyna
Voice Vote: All voted Aye (5)

Travis thanked Mr. & Mrs. Pelland and read, “This permit will sit in obeyance for 20 days with the Town Clerk. The applicant can pick up the Notice of Decision and Notice for Filing on the 21st day. The applicant needs to file the permit with the Registry of Deeds in Pittsfield. Thereafter, bring proof of filing to the Building Inspector who will then issue the Building Permit. Failure to file or act upon the permit within two years will render the Special Permit null and void.”

Agenda item #3: Approve minutes from September 3, 2024

Motion to Approve: Terry Gould
Seconded: Wayne Woczyna
All voted Aye (5)

Agenda item #4: Old Business and New Business, Items unanticipated by the Chair.

None at this time.

Agenda item #5: Update from the Building Inspector.

D&J Marina just submitted more information as the meeting was starting so Larry hasn’t had an opportunity to review. They are applying to the Planning Board for special permit for the shared driveway this month. They are looking for a Food Use special permit as “The Snack Shack”.

The Short Term Rental Application has been created and will be available for folks online after the first of the year, working on the webpage for that and things are moving ahead.

The next meeting will be December 2, 2024

Adjournment:
Motion to Adjourn: Jim Kauffman
Seconded: Terry Gould
Meeting adjourned: 7:19pm