MINUTES March 15, 2021
Meeting via Zoom
7:00 pm – 7:45 pm
ZBA Members: (Present) Therese Gould, James Kauffman, RoseAnn DeRupo,
Wayne Woczyna, Geoffrey Geane, Robin Peterson
ZBA Members: (Absent) none
Clerk: Kathy Couch
The meeting was held via ZOOM; host Larry Gould
All votes are via roll 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. There is a quorum; there are four voting members and two alternates present.
Agenda item #2 – To hear and act upon the special permit application of Marc D. Schechter and Anne E. Schechter, for a Zoning By-Law Special Permit under Sec 3.3.3 & Sec. 3.3.5 of the Otis Zoning by-laws as to add a second story addition on existing garage. Property is located at 20 McClean Beach, Otis, MA.
Chairperson Gould read the public notice.
ZBA Members: (Present) Therese Gould, James Kauffman, RoseAnn DeRupo,
Wayne Woczyna, Geoffrey Geane, Robin Peterson
ZBA Members: (Absent) none
Clerk: Kathy Couch
Applicants: Marc D. Schechter and Anne E. Schechter were not in attendance
Chairperson Gould read the public notice. The applicants were not present at the meeting. Chairperson Gould asked Clerk Kathy Couch if there were any letters, emails or calls for or against the project. Clerk Couch stated there wasn’t any. She then asked if anyone from the public had any questions, input or objections to the proposed project. Seeing that there were none, Chairperson Therese Gould closed the public portion of the meeting at 7:08pm. Discussion of the board members. The board members had no concerns.
A roll call vote of all members of the board was taken. The vote was to grant the special permit application as submitted to the board:
Therese Gould – aye
Geoff Geane- 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 Appeal under section 9.2.2c of the Zoning by laws of the Town of Otis, for relief from the decision dated December 28, 2020, of Jeremia Pollard, town counsel, denying AJT Realty Trust, Thomas E. Touponce, trustee’s application for a building permit.
ZBA Members: (Present) Therese Gould, James Kauffman, RoseAnn DeRupo,
Wayne Woczyna, Geoffrey Geane, Robin Peterson
ZBA Members: (Absent) none
Clerk: Kathy Couch
Applicant: Thomas Touponce
Public Attendees: Larry Gould, Building Inspector; Atty. Stephen Pagnotta,
The meeting at convened 7:10 pm. Chairperson Terry Gould opened the meeting and read the agenda.
As a point of order, Chairperson Therese Gould recused herself from the hearing as she is an abutter to Mr. Touponce’s property.
Geoff Geane was unanimously nominated as the acting chair.
Atty. Pagnotta stated that the building permit application based as of right and that Mr. Touponce is not barred from bringing the matter forward. Atty. Pagnotta believes that they are correct in requesting an appeal of the denial for the building permit. In the appeal packet he attached a decision from Land Court on a similar situation.
In that particular case the plaintiff was entitled to a building lot. Mr. Touponce’s lot and the surrounding lots were created in 1932 and a plan was recorded at the Registry of Deeds. Moody Goodman Road separates the two lots that were owned by Mr. Touponce. It is his and Mr. Touponce’s contention that the “doctrine of merger” doesn’t apply. Atty. Pagnotta stated that lot meets the minimum requirements under Chapter 40 section 6 in its size and frontage. They believe the decision to deny the building permit based on the Housing Court decision was incorrect. They are requesting that this board overturn the current decision to deny the building permit.
Geoff Geane stated that the person with the most knowledge on this would be the Building Inspector, Larry Gould, would have insights in this. Building Inspector Gould stated that he was a party in the Housing Court against the Mr. Touponce. He is unable to issue or deny the building permit. He is not a position to answer any questions on this issue.
Member Robin Peterson stated that she reviewed the entire packet in detail along with the court opinions. It seems to her that Atty. Pagnotta is asking the Board of Appeals to overrule a judge’s decision. It was
her understanding from the paperwork that Atty. Jeremia Pollard, Town Counsel, looked at the court’s opinion and denied building permit confirming that the law was correct. She feels that the issue was whether Atty. Pollard made the correct decision. She believed that is the only thing up for discussion. Member Peterson stated she believes that Atty. Pagnotta and M. Touponce want the Board of Appeals to overturn Atty. Pollard’s decision. Atty. Pollard is not available tonight so the Board of Appeals could vote on this tonight or continue
until the next meeting in April when we could have Atty. Pollard on the phone. Member Peterson stated that would be her preference. Member Peterson made a motion to defer the meeting until the meeting in April. Member RoseAnn DeRupo seconded the motion.
A roll call vote was taken by Kathy Couch, Clerk
Therese Gould – recused
Geoff Geane- aye
Jim Kauffman – aye
RoseAnn DeRupo -aye
Wayne Woczyna – aye
Robin Peterson – aye
The motion carried 5-0 with votes in the affirmative to continue the hearing until the next scheduled April 5, 2021. Atty. Pagnatto wanted it noted for the record that they are objection to the continuation.
Member Geane stated that the Board does not have everyone with knowledge at this meeting. He feels that is would best to have as much information as possible to make sure that the Board is making the correct designs for all parties that are involved.
Atty. Pagnatto respects the Board’s decision to continue the hearing and again he wants it noted for the record that they are objecting.
Clerk Couch asked the public if they had any questions. There were none.
A motion was made for Geoff Geane yield the Chairpersonship back to Therese Gould. Motion was made by Member Rosann DeRupo seconded by Member Peterson.
Therese Gould – recused
Geoff Geane- aye
Jim Kauffman – aye
RoseAnn DeRupo -aye
Wayne Woczyna – aye
Robin Peterson – aye
The motion carried 5-0 with votes in the affirmative, Chairperson Gould continued the meeting.
Agenda item #4–Update from the Building Inspector
Discussion: There is one application for April and probably one for May.
Chairperson Gould said that she received a call from a person that was trying to join the meeting for the first hearing. She believed it was Tim Nardi. Mr. Nardi stated he was able to join and was looking for the recoding from the first hearing. Chairperson Gould stated that she would forward the contact information to Clerk Couch.
Agenda item #5–Next Meeting
Discussion: Monday, April 5, 2021. There will be two hearings the continuation of AJT Realty Trust’s appeal and a special permit.
Agenda item #6 – Old Business and New Business/ Items unanticipated by the chair
Discussion: Michael Ernst had stepped down from his position as a member leaving a vacancy. Both Member Robin Peterson and Wayne Woczyna are alternate members. Chairperson Gould wanted to know if either of the wanted to take over Member Ernst’s position as a full-time member. Chairperson Gould stated that she has been contacted by a person that would be interested in being on the Board of Appeals. Member Peterson stated that she would be interested in becoming a full member. Member Wayne Woczyna stated that the would be okay with Member Peterson taking on the full member position.
Member Woczyna made the motion to have Member Peterson become a full member. Geoff Geane seconded the motion. Roll call vote taken.
Therese Gould – aye
Geoff Geane- aye
Jim Kauffman – aye
RoseAnn DeRupo -aye
Wayne Woczyna – aye
Robin Peterson – aye
The motion carried 5-0 with votes in the affirmative.
Agenda item #7–Citizen Speak
Discussion: Clerk Couch stated that she added this to the agenda mirroring what they do in Great Barrington. This lets the public know that they are welcome to have input at the meeting. The public could bring up something that may not be discussed at the current meeting but would be addressed at the next meeting.
No one from the public had input
Agenda item #8 - Adjournment
Discussion: Motion made by Member Peterson to adjourn. Member Jim Kauffman seconded the motion.
Roll call vote taken.
Therese Gould – aye
Geoff Geane- aye
Jim Kauffman – aye
RoseAnn DeRupo -aye
Wayne Woczyna – aye
Robin Peterson – aye
The motion carried 5-0 with votes in the affirmative.
Meeting adjourned at 7:40 pm.
Respectfully submitted,
Katherine Couch
Clerk Zoning Board