Zoning Board Meeting Minutes 04/03/2017


                April 3, 2017


Meeting held at Otis Town Hall

1 North Main Road, Otis, MA

7:00 pm – 7:05 pm




Agenda item #1 Review and hear the Special permit application

Case # 2017-03-01 Carole Ann Saloomey and Tammy Saloomey Tavernia

The property is shown on the Otis Assessor’s Map 11, Lot 79-4 located at 31 South Bay Road, Otis


ZBA Members:  (Present) Therese Gould, chair, James Kauffman, Katherine Couch, Michael Ernst

ZBA Members:  (Absent) Al Hurley, Geoffrey Geane, Edward Partyka


Applicant(s): Saloomey Construction, Ziter Saloomey

Public Attendees: John Schoenrock, Mike O’Brien, Jon Goddard, R. Levesque Assoc. Larry Gould


Meeting at convened at 7:00 pm.

Chairman Therese Gould opened the meeting.  Introduction of board members was made.  Terry read the public notice.

Point of order: Terry reminded the applicant that there are only four board members available to hear this special permit. All four members must vote in the affirmative for the special permit to be granted.  The applicant can decide to wait until the next meeting to for there to be five members then only 3 of the five members need to vote in the affirmative for the special permit to be granted.  This is a continuation of the March 6, 2017 meeting.



Jon Goddard, R. Levesque Associates, presented to the board.  Mr. Goddard stated the will address the concerns that were made at the meeting on March 6, 2017.


Mr Goddard submitted a letter to the board from the surveyor, Marc E. Shute.  The letter addresses the issues of the property boundary and well that was raised at the last meeting. He stated that the survey made August 2016 was correct and however the well was “erroneously plotted” on the plans submitted on March 6, 2016.  Terry Gould read the letter into the record.


Jon Goddard submitted a new set of plans to the board. The design of the deck and stairs on the north side has been changed.  There is no longer a switchback and it is now no closer than the current building.  The runoff concerns are being addressed by tightening everything up and redesign the grade. This will insure a greater control of the run off.


John Schoenrock that he believes that the survey is inaccurate.  He went out and measured himself and he does not have the measurement as shown on the survey/plan that is before the board.  Ziter Saloomey said he believes the surveyor as they are certified.  Perhaps the stakes have been moved.


Michael Ernst asked John Schoenrock if he thought that any of the pins are correct.  John said the only thing he did know was that the survey is not correct and he does not believe what was presented to the board and “verified” by the surveyor is correct.





Mike O’Brien questioned how can it be off if it the boundaries are recorded in the deed?  Larry Gould suggested that a boundary survey should be done by John Schoenrock or a site visit with R. Levesque Associates, Ziter Saloomey, John Schoenrock and himself.


Question was made about the time lapsing on the application.  Under MGL Chapter 40 A: The decision of the Board of Appeals shall be made within one hundred (100) days after the date of filing application. Kathy Couch looked at the dates and June 14th will be the 100th day.


John Schoenrock said if the board approves the application he will appeal it.  The survey is incorrect.  Terry explained to Ziter Saloomey that if the board approves the application and that it is appealed it may be years before it is resolved in the Courts. Also Ziter cannot reapply for two years.


Ziter Saloomey stated what was given to him by the surveyor is what he be


Michael Ernst made a motion to continue the meeting until May 1, 2017.  Kathy Couch seconded the motion.


Agenda item #2 –Update from Building Inspector

Discussion: none


Agenda item #3– Update for next meeting

Discussion: The next scheduled meeting will be Monday, May 1, 2017 the first agenda item will be the continuation of the Saloomey/Tavernia application


Agenda item #4 –Mail

Discussion: Nothing to distribute.


Agenda item #5 –Approve Minutes

Discussion: Tabled until next meeting.


Meeting adjourned at 7:45 pm




Katherine Couch

Clerk Board of Appeals