Town of Otis, Massachusetts
ZONING BOARD OF APPEALS – Meeting Minutes December 2, 2024
Meeting held via Zoom 7:00 pm – 8:52pm
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:
Mark Amanti
David Donohue
Matt Puntin, SK Designs
Agenda item #1: Open Meeting/Introductions
Travis Ward, Chairperson opened the meeting at 7:00pm even though no proponents were in attendance. 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 mentioned the two agenda items concerning the same place, with one being an eating establishment change and the other being related to the structure. He suggested taking the agenda out of order and address the eating establishment first and the structure second, thinking that if we voted against the eating establishment, then it wouldn’t matter what the structure is at this point.
Terry felt the first item is the change to the structure in order to bring forward the second item so the Board would have to vote on the design structure change first. She also felt this should not even be heard as there is no one here to present.
Wayne felt that the building needed to completed, before the food situation could be addressed.
Travis thanked the Board for their input and the Agenda will stand as written.
Travis confirmed that the applicant was notified. Terry noted that Larry Gould was on the phone with Mark Amanti. The applicants were at the Town Hall for the meeting, rather than a Zoom meeting. Terry suggested rearranging the Agenda items to handle Board business first to allow time for the applicants to get home and log into the meeting.
Motion to take Agenda out of order: Terry Gould
Seconded: Jim Kauffman
All voted Aye (5)
Agenda item #3: Approve minutes from November 4, 2024
Motion to Approve: Jim Kauffman
Seconded: Terry Gould
All voted Aye (5)
Agenda item #4: Old Business and New Business, Items unanticipated by the Chair.
Holiday Party was discussed.
Travis mentioned attending Planning Board meetings and Terry will be attending as well. Should anyone else want to attend, Travis asked they notify him. Terry mentioned that if there is a quorum attending, then the meeting will need to be posted by ZBA.
Agenda item #5: Update from the Building Inspector.
Travis asked Larry if they were intending on putting the existing building and apartment use on the next agenda. Travis mentioned that a Master Plan would be helpful as there are single family homes in close proximity to apartments.
Travis asked the purpose of the Dave Wheeler sign at the side entrance on West Shore. Larry said it was for the water treatment building, the public water supply well is on that parcel and through DEP, they had to construct a shed 26’x40’ to contain the equipment necessary for the public water supply. The well head and foundation are currently in.
Terry asked about the sanitation – is it a community waste water treatment situation? Larry said they haven’t been before the Board of Health but he thinks it is currently being designed. Terry asked if they would need a separate system to tie into what they’ve presented for approval tonight. Larry said they will need to tie into a system but he didn’t have the particulars for that.
Agenda item #6: The next meeting will be January 6, 2025.
Agenda items #2: At 7:20pm Travis welcomed Mark Amanti and David Donohue of D&J Development, LLC. It was mentioned by Mr. Donohue that the street address on the Public Hearing Notice was incorrect. It was listed as 1341 Reservoir Road when it is proposed to be 1368 Reservoir Road. Travis noted that the application didn’t have an address on it. When completing the Abutter’s mailing, the Assessor’s Office contacted Lisa and provided the 1341 as their records didn’t list 1368. Mr. Donohue stated that 1341 was the large building, 1367 is the large lot (The Marina), tax record/parcels for 1341 which is the large building, tax parcel for 1367 which the 28 acres of land.
At 7:23pm Travis welcomed Matt Puntin, of SK Design and gave an overview of how the meeting will be conducted.
1) Chairperson Ward read the Public Notice into the record: To hear and act upon the applications of An application to modify an existing Special Permit under Section 3.3.3 for a structure at 1368 Reservoir Road, Map ID 16B-3. Modifications to consist of the following:
a) Reducing interior space to 16’ x 29’ to create an exterior covered porch.
b) Increasing the roof height by 2.6’ to 14’6” overall.
c) Reconfiguring doors and windows to provide accessibility compliance.
d) Reducing the length of the structure by 2’.
e) Provide 4’ wide concrete sidewalk along Northerly and Westerly sides of the structure.
David Donohue and Mark Amanti on Kibbe Road and Matt Puntin, their engineer from SK Designs. The ZBA issued a Special Permit on September 3, 2019 in accordance with 3.3.3 of the Otis Zoning Bylaws for the reconstruction of a pre-existing, non-conforming structure on a non-conforming lot. This is the Special Permit that they are requesting to modify. On June 22, 2023, the non-conforming structure was demolished so that is what they are in the process of trying to rebuild. The application reflects past elevations and proposed elevations of the buildings.
Matt Puntin shared site plan on the screen showing the footprint of the building.
David said the plan is to reduce the width of the building by 2’ to a net 14’x29’ with a 12’x12’ bump-out for an office. It was mentioned that in the Change of Use, they are trying to be compliant with accessibility requirements. As part of that, reconfiguration of windows and doors, and the 4’ walk around wrap and a ground level porch that is 6’ radius.
The Board discussed particulars of the dimensions with the applicants.
Matt then discussed the utilities. They are currently in the process of permitting the public water supply on the North side of the property. A well was drilled a few years ago and the water line will come down across the road. The sewer will head North – sanitary sewer and kitchen sewer, independently, will go into tanks on the North side of the road and in turn go into a common septic system. Propane tank on the North side of the road with a line buried under the road coming to the Snack Shack and electric and cable will come off a utility pole nearby. The plan is not to add anymore poles but it will be up to the electric company.
Travis asked for a comparison of where these utilities were vs the proposed locations.
The applicants were prepared for a physical presentation so some of the drawings were blurry but the Board was able to ask questions for clarification.
The Chair opened to the Board for discussion:
Wayne inquired if there would be sanitary facilities for public. David said there would be a restroom inside the building for employees and the public would have access to porta-potties.
It was determined at this point that the Board did not have the updated drawings and complete information. Travis noted that that he would review the most recent application submission and ensure that all members receive any missing information.
Matt answered further questions and shared his drawing on the screen for the Board to review.
Terry stressed that a floor plan showing all equipment, restroom, window and door locations should be provided for the Board to review and approve and has not been provided.
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 – Jim Kauffman
Seconded – Wayne Woczyna
All voted Aye (5)
Travis asked for a motion regarding the modification of the existing special permit as presented tonight for structure at 1368 Reservoir Road –
Motion to approve as presented with the modifications – Jim Kauffman
Seconded – Wayne Woczyna
Voice Vote – All voted Aye (5)
2) An Application for a Special permit under Section 4.3 for a Retail Eating Establishment, at 1368 Reservoir Road, Map ID 16B-3. A seasonal, “Snack Shack” would operate Wednesday through Sunday, 6AM to 4PM on a seasonal basis. This “takeout” eating establishment will utilize shared off street parking with the Marina, located at 1341 Reservoir Road, which has Ninety (90) vehicle parking spaces. Four (4) boat slips will be secured for public access to the “Snack Shack”.
Travis introduced the food establishments portion that will be open Wednesday-Sunday, 6am-4pm on a seasonal basis.
David Donohue and Mark Amanti presented and shared that marina customers have mentioned how they would like to see another restaurant, bakery and ice cream for the community. They would like to offer Breakfast and Lunch. There would be shared space with Marina for 90 parking spots, trailers, and provide up to 4 dock slips for the public to use while ordering food. These would be labeled with a 20 minute time limit. The facility will be handicap accessible, with temporary, seasonal picnic tables.
Travis mentioned that kitchen must comply with food regulations. Employee Restroom must be handicap accessible for guests, should someone request usage.
Terry asked about porta-potties for guests and why they didn’t include an actual public restroom. Matt said he felt that would fall under plumbing code. Travis asked for clarification on if someone asked to use the “staff” restroom, or a handicap guest requested to use the “staff” restroom, there wouldn’t be an issue. David and Mark agreed completely.
Terry – questions on reserving boat slips. Will the 4 be deducted from the existing inventory or will more be added. She also asked if Staff will be there to bus table and trash removal. Mark stated that trash receptacles will be available for customer use and staff will ensure that the exterior area is maintained.
Mark put the floor plan on the Zoom screen for the Board to review and discussion.
Wayne asked about the possibility of adding an outside door to the bathroom but the elevation drops off significantly.
Travis mentioned that an actual scaled floor plan would have been beneficial so that a more accurate assessment of door and window locations in relation to the restroom and serving areas could be better understood.
Terry really likes the idea of the snack shack, feels it will be a benefit to the reservoir and the town but would really like to see a complete plan – something that will not require changes during the construction phase.
Travis asked Larry’s opinion on a conceptual plan vs an architect’s firm plan. Larry feels that moving the bathroom, would cause windows and possibly the door to be moved, thus changing the exterior of the building, which was just approved. In Larry’s opinion, it is very important to have all of the parts and pieces laid out in front of everyone which makes it easier to understand.
Travis asked if SK Designs was doing the interior layout design. David and Mark said they have a commercial kitchen architect and are in the process of confirming their initial draft. Travis asked if they were able to finalize an architect floor plan that is to scale to be able to see what will actually work. Terry stated that they have been approved for the building but that now they need to provide a plan for the interior to the Board for a Change of Use approval. Travis suggested that an architect would have all of the info, be able to consult with the vendors and provide the necessary plan to be sure that everything fits within the building that was just approved.
Larry clarified that the bathroom issue needs to be revisited and determined how it will work within the layout that they already have. The exterior of the building has been approved so if they don’t want to come back to the ZBA to change doors and window locations in the 12’x12’ Office/Bathroom space, they will need to make it work within that space which may complicate the availability of space within the kitchen. The bathroom will need to be handicap accessibility. Travis stressed the importance of professional input.
Jim – asked how time sensitive. David said they would like to be open next summer. Jim asked if they can make it work with the space they have and if they could have an architect’s plan for the January 6, 2025 meeting and they feel it was in the realm of possibility.
Terry asked them if they’d like to pull their application without prejudice and table the discussion until the January 6th meeting. They agreed.
Travis asked for comments from the Board
Wayne, Jim and Gordon agreed with Terry for a proper floor plan. Travis stated that an architect will be the one to contact the Board of Health to determine bathroom rules and regulations.
Travis confirmed with Larry that they could start building the shell at this point with what was approved in Item #1. After the 21st day, windows and doors can be installed. The Notice of Decision and Notice of Filing process was discussed. After the January 6th meeting, if Item #2 is approved, it will not require an additional 21 days, delaying construction.
Larry asked for a timeline for the utilities to have an understanding of when the building could actually come on line, to be presented at the next meeting.
Travis asked for a motion for an application for a special permit under section 4.3 for Retail Eating Establishment at 1368 Reservoir Road.
Motion to continue to the January 6, 2025 Meeting and applicants will provide the requested materials to the Zoning Board and the Zoning Enforcement Office beforehand: Terry Gould
Seconded: Wayne Woczyna
Voice Vote – All voted Aye (5)
Travis read, “This 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. 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.”
Adjournment –
Motion to Adjourn: Jim Kauffman
Seconded: Terry Gould
Meeting adjourned: 8:52p