MINUTES April 1, 2019 APPROVED
Meeting held at Otis Town Hall
1 North Main Road, Otis, MA
7:00 pm – 7:15 pm
ZBA Members: (Present) Therese Gould, Sara Skibski, James Kauffman, Donna Terrill, RoseAnn DeRupo
ZBA Members: (Absent) Geoffrey Geane, Michael Ernst
ZBA Clerk: Katherine Couch
Public Attendees: Charles Schwartz, Atty. Victoria Donahue
Meeting at convened 7:00 pm
Therese Gould, Chairperson, opened the meeting at 7:00 pm. Introductions of the board members were made. There is a quorum; are five voting members present tonight.
Agenda item #1 – To hear and act upon the application of D&J Development LLC for a Zoning By-Law Variance under 3.3.4 of the Otis Zoning by-laws to demolish and construct a non-conforming building, increasing the nonconformity. The proposed setbacks are approximately 2.0’ on the western side setback, 7.0’
on the eastern side setback, 4.0’ on the southern rear setback, and 2.0’ northern frontage.
The lot is listed in the Otis assessor’s records as Lot #3, Map 16B, Reservoir Rd., Otis, MA. This is a continuation of the March 4, 2019 meeting.
Chairperson Gould read the public notice in to the record. She then read into the record a letter from SK Designs on behalf of D&J Development requesting a continuance until the June 3, 2019 hearing. The applicant, Dave Donahue, has a conflict and would not be able to attend that meeting. Therefore, he is requesting a continuance until June.
Terry Gould explained that the board needs to decide whether to grant the request for the continuation or continue with the variance application. The Zoning board members that are present tonight will need to be available for the June hearing. Discussion of which members present would be available for the June meeting took place. Member Sara Skibski stated she may have a conflict; the other members present would be available for the hearing. Chair Gould stated that we are a five member board and that at least four members need to be present for the June hearing. If only four members are available all four must vote in the positive for the variance to be granted.
Atty. Vicky Donahue from Cain, Hibbard & Myers introduced herself. She is at the meeting on behalf of D&J Development, she would sign any paperwork necessary to “stop the timeclock”, extend the time of the deliberations of this variance hearing. Atty. Donahue stated the applicant should be ready to address the concerns of the board that were raised at the March meeting. The applicant my come with amended plans.
The chairperson advised Atty. Donahue that the applicant has the option to withdraw their application without prejudice.
Member Skibski made the motion to grant the continuance request to the June 3, meeting. Member Jim Kauffman seconded the motion. Chair Gould, Member RoseAnn DeRupo, and Member Donna Terrill also voted to grant the continuance request. Atty. Donahue signed the “Agreement for the continuance of hearing and extension of time for rendering a decision on the application for a special permit or variance”
Agenda item #2 – Approve minutes from the previous meeting(s)
Discussion: March minutes were reviewed by the board. The minutes were not approved: revisions necessary. The minutes will be approved at the next scheduled meeting.
Agenda item #3 – Update from the Building Inspector, Larry Gould
Discussion: Nothing to report.
Agenda item #4 – Update for next meeting
Discussion: Next meeting is May 6, 2019. Deadline for any new applications is April 4, 2019. If there are no applications receive we will not have a May meeting. We definitely will be convening June 3, 2019
Agenda item #5 – Old/New business:
Discussion: none
Meeting adjourned at 7:14 pm
Katherine Couch
Clerk Zoning Board