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Town of Otis, Massachusetts
ZONING BOARD OF APPEALS
MINUTES May 1, 2023
Meeting via Zoom
7:02 pm – 9:46 pm
ZBA Members: (Present) Geoffrey Geane, James Kauffman, Therese Gould, RoseAnn DeRupo, Wayne Woczyna, Travis Ward, Gordon Middleton
Clerk: (Present) Trisha Tetreault
Public Attendees: See attached
The meeting was held via ZOOM; Host Larry Gould, Building Inspector
All votes are via roll call
Agenda item #1 - Open Meeting:
- The meeting convened at 7:02 pm. Chairperson Geoffrey Geane opened the meeting, explained the application process and how the public comment portion would be conducted.
- Introductions of the board members were made.
- There was a quorum; five voting members.
Agenda item #2 – To hear and act upon the application of Colleen & David DelVecchio, for a Zoning By-Law Special Permit under Sec. 3.3.5 of the Otis Zoning by-laws to extend a lake front deck to span the length of the house, thus decreasing the setback to the North from nineteen feet three inches (19’ 3”) to five feet 9 inches (5’ 9”). The deck will encroach no further than the existing dwelling.
Discussion:
- Dave DelVecchio stated he withdrew his application a year ago. He would like to extend the permitted deck from 60% to span the full width of the house from an aesthetic standpoint.
- One Sono tube would be required, deck would extend by 10 feet with no increase towards the waterline.
- Direct abutters, Liz and Dan Murry of 79 D’Wolfe Dr., are concerned with the proximity of deck to property line. They have privacy concerns.
- Dave DelVecchio stated the deck is further back from the high-water mark. The proposed deck would not decrease their view.
- Chair Geane asked if there was a compromise the Murry’s would like to see.
- Dan Murry stated he wanted to make it known to the board how close it was to their house, but they trusted the process.
- Trisha stated the Zoning Board has not received any written correspondence.
- Wayne asked if the applicant could place shrubbery to provide privacy. The applicant stated they have already come to an agreement of a $5,000 payment to pay for shrubbery at their discretion. They also put-up lattice on the other side of the deck and offered that to the Murry’s as well.
- Terry asked if the deck would be within the same parameters of the house. The increase of the encroachment would be the same as the wall of the house. The applicant stated they would not be extending the deck further than the side of the house and that it is further from the property line then the house itself due to the house being angled on the lot.
- Roseann asked the applicant to explain the setback and how it’s changed. The applicant explained the house is a little off skew. The street side is 5’ 3” from the property line. The foundation is 6’ 2” from property line and the proposed deck is 6’ 10” from the property line. The current setback from the deck would be around 18’.
- Roseann asked why the deck needs to be done. The applicant stated for an esthetic purpose and believes it would increase his home’s value as well as those around them, because it looks incomplete with half a deck.
- Roseann asked if they were happy with the shrubbery to increase privacy. The Murry’s stated they would like the deck to go back where it was. They bought the house 4 years ago with a robust tree line. They will replant trees, but that will take years to restore.
- The public comment section was closed.
- Terry stated most of the surrounding houses have decks that extend the length of the house. The lot is very cozy, and the privacy is nonexistent. The plantings will help with privacy. She agrees the house would be more attractive if the deck was extended.
- Travis stated the screening would help with privacy. A deck the length of the house is consistent with the other houses in the area.
- Motion to accept the proposal with the additional screening that matches aesthetically to the deck by James Kauffman, seconded by Wayne Woczyna.
- Members voted as follows:
- Therese Gould – Aye
- James Kauffman – Aye
- RoseAnn DeRupo – Aye
- Wayne Woczyna- Aye
- Geoffrey Geane – Aye
- The motion passed unanimously.
Agenda item #3 – To hear and act upon the application of JBT Trust, for a Zoning By-Law Special Permit under Sec. 4.3 of the Otis Zoning by-laws for the purpose of a specialized retail structure to be used as a seasonal ice cream stand. Construction of a 24 foot by 24-foot garage with a 10 foot by 24 foot open lean-to on the side of the building for outdoor seating. Construction of large parking area with space for 24 cars and room for four to six vehicles with camper or boat trailers. Building and all development will be greater than 50 feet from all property lines.
Discussion:
- Point of order: Terry asked if all proper notifications were sent out and if we had all receipts for newspaper articles and abutters notices.
- Trisha stated she has receipts for the Berkshire Eagle notices. It was posted April 15, 2023, and April 22, 2023. The mailing to abutters went out Saturday, April 15, 2023. We do not have receipts for mailings as it goes out regular mail not certified.
- Jake Tonlino, 923 Reservoir Road, of JBT Trust explained he would like to convert the garage he was going to build into a seasonal ice cream stand, open from Memorial Day weekend to Labor Day weekend. He had planned to build a 24 x 24 garage with a 10 x 24 lean-to when the idea of an ice cream shop came up.
- Locally made ice cream would be sold. A walk-through service area without indoor seating, outdoor seating would be provided. The building and all development will be greater than 50’ from all property lines.
- The driveway entrance and exit on reservoir road will provide a safe and adequate traffic pattern, which has been inspected and approved by the Otis highway department and the Otis police department.
- It will include the construction of a parking area for 24 cars and 4-6 vehicles with trailers.
- He will be installing a drilled well and board of health approved septic system. The board of health has approved the design.
- The business area will use night sky compliant lighting.
- Protocol for employees to inspect tables and trash receptacles every 15-30 minutes. This will ensure a clean and safe facility. All garbage will be removed at the end of each shift and a wildlife proof container located more than 600’ from the public would be installed.
- The business would create 6-10 part-time jobs.
- Quality landscaping will be added.
- Debra Lewis, of 879 Reservoir Road read the letter she previously sent (See attached).
- Kristen Coffey of 965 Reservoir Road stated she was in favor of the special permit. She didn’t think it would impact the neighborhood negatively. The Clerk read her letter (see attached).
- Robin Petterson of 1029 Reservoir Road read her letter (see attached).
- The Clerk read a letter previously sent by Rebecca Peterson of 1039 Reservoir Road (see attached).
- Kathryn LaGrant of 863 Reservoir Road read her letter (see attached).
- Bill Hiller of 986 Reservoir Road stated his family has owned his property for over 100 years. There has been a significant change over the years with the soccer camp, State Forest and Camp Overflow all causing more traffic. He is in full support and believes what Jake has done with the property has improved the neighborhood. Other neighbors sell eggs or wood and it isn’t an issue. The road is already busy. He doesn’t believe traffic will increase with this business.
- Bill would rather his comments supersede the letter he sent earlier. His letter was not read.
- The clerk read letters from Jeff and Jane Hiller of 986/988 Reservoir Road, Laura and Eugene Bacon of 41 Pine Road and George Martin of 1010 Reservoir Road. (See Attached).
- Ken Mayer of 38 Norton Road Ext. reiterated that this is in a residential R40 zone and passing this permit would create a bad precedent for the town and wouldn’t stop anybody from trying to open a CVS or Dunkin Donuts.
- Richard O’Brien of 828 Reservoir Road believes many of the topics being brought up are off topic. Accidents in the area occur and he feels a business in the area wouldn’t add to safety. Whether or not Jake opens an ice cream shop isn’t going to change the speed people drive. The Clerk read his letter (see attached).
- Matthew Billy, Chestnut Lane stated Jake has done a phenomenal job and it will add to the aesthetics to the town.
- Patrick O’Brien of 823 Reservoir Road stated he supports the business and thinks it will be great for the town.
- John Kennedy of 400 Reservoir Road is in support and thinks it will be great for the town. Traffic is brutal, but the ice cream shop won’t change that. The Clerk read his letter (see attached).
- Nick Hiller of 483 Norton Road stated he grew up on Reservoir Road. He is in support of the ice cream stand. The Clerk read his letter (see attached).
- Michael O’Brien of 532 Pine Road is in support of the ice cream stand. He thinks it will be a great thing and looks forward to it.
- Jeff Laremy of 555 Pine Road stated he worked at Halls Store as a kid, and it was a great place for people to come. It wasn’t a problem. The Scoop down in Granville is the same kind of area and they never have an issue with traffic. He and his wife are in support.
- Susan Ebitz of 52 Rocky Top Road stated she and her husband have lived here over 40 years and they are in favor of the ice cream shop. Jake is going to have local hard ice cream, a different product from other businesses in town. She believes the project is good for the community.
- Robin Petterson pointed out that everyone speaking in favor of the ice cream, not one is an abutter, they are all friends of the applicant or have a relationship with the applicant.
- Lucy Crandall of 839 East Otis Road is concerned with the traffic. She walks down Pine Road and believes the foot traffic and vehicular traffic will increase.
- Jane Hiller of 986 Reservoir Road stated although she is not a direct abutter they are across the street. It is important to know that there are supporting voices coming from people in the immediate area. Relating to traffic concerns of cars turning around, the in and out may alleviate the turning around in driveways.
- Laurie Nikituk of 204 Kingsley Road is Jake’s Great Aunt, but also a real estate broker for 36 years. The 50’ setback is in addition to at least a 25’ setback from Ms. Lewis’ property. She agrees with Jane that this parking area may alleviate the turnaround in driveways. Installing a couple of crosswalks between Tolland Road and Pine Road to this property would be a good add on and might slow people down. The Clerk read her letter (see attached).
- Katherine LaGrant read under section 11 in the Otis Zoning By-Laws regarding notice to abutters.
- Chair Geoff Geane stated the 14 and 7 days are regarding publication in the newspaper.
- Derick Poirier, Otis Highway Superintendent stated that Jake took into deep consideration the traffic coming into in and out of the business, thus the horseshoe shape driveway. He stated he was a direct abutter for 5 years on one side of him and grew up a direct abutter on the other side of the property. Traffic has always been an issue. Speed is an issue on every road in town. He is in full support of the ice cream stand.
- Deb Lewis stated 24 parking spaces plus 4 spaces for vehicles with trailers is not a small Ice cream shop. The only other place in town with that much parking is the Knox Trail Inn.
- Jake Tonlino, the applicant, stated that Otis Ridge Ski Area, L&M Auto, The Farmington River Diner and Fratelli’s can all fit more than 24 cars.
- The purpose of putting 24 spaces is to keep them off the road and gives a place for people to get off the road.
- The Clerk read letters previously sent from Tricia Smith of 508 Norton Road and Tammy Weidhaas, Sargent, Otis, MA (see attached).
- Robin Petterson stated Sgt Tammy Weidhaas has only been on the force for less than a year.
- The Clerk read letters from Denise Hardie of 147 West Shore Road, Candy Chaffee of 880 East Otis Road, Valerie Poirier of 91 Algerie Road, Brian Poirier of 91 Algerie Road, Vinny Bilotta of 799 East Otis Road, John F Conboy of 1515 Reservoir Road and Patricia Racine the owner of Katie’s Country Store (see attached).
- Jake stated he has heard everyone’s concerns and has worked through those. The ice cream shop will be a no sign shop with no advertising. He will come up with reasonable solutions to address any issues going forward.
- A ten-minute break was taken.
- Point of Order: Travis asked if we were still in public comment.
- Chair Geane confirmed the public comment section was closed. And stated the meeting would only continue until 10:00pm.
- Wayne Woczyna asked how the board could make the abutters happy.
- Chair Geane stated he didn’t believe the board could put enough conditions to make the abutters happy.
- Wayne stated his biggest issue is the abutters. He would be happy to see it go through, but not in that location.
- RoseAnn stated we are putting a commercial enterprise in a residential zone. There is no way of mitigating that.
- Wayne stated they had to consider property values.
- Terry asked Jake the hours he would be open. Jake answered 3-8 Wednesday through Sunday and Monday holidays 3-8. She was wondering about lighting.
- Terry asked about fencing.
- Jake has 8’ arborvitaes that will be planted regardless of if the application approved. He can put up a full privacy fence and change the parking lot size. He feels it’s safer to have the room for people to move around. With no advertising, no signage, just word of mouth, he doesn’t expect 120 people. His vision isn’t for something that is going to take away from what he has. If it does, he will be the first to close it down. He did noise decibel readings at multiple locations, and they read 50-60 decibels, the same as currently on Reservoir Road.
- Terry stated it would only be fair to allow the applicant to withdraw without prejudice. That gives him time to reevaluate and address the concerns of his abutters. If the application is denied he won’t be able to come back for a couple of years.
- Chair Geane stated if he withdraws, he can come back. If the board votes and he’s turned down, he cannot reapply for 2 years.
- The applicant stated at this time he would like to withdraw without prejudice.
- Terry Gould made a motion to accept the applicant to withdraw without prejudice. Wayne Woczyna seconded.
- Members voted as follows:
- Therese Gould – Aye
- James Kauffman – Aye
- RoseAnn DeRupo – Aye
- Wayne Woczyna- Aye
- Geoffrey Geane – Aye
- The motion passed unanimously.
Agenda item #4 – Approve minutes from previous meeting
Agenda item #5 – Election of Board Chair for period July 1, 2023 – June 30, 2024
Agenda item #6 – Review and approve Meeting Schedule and Application Deadlines for 2022/2023
Discussion:
- Travis Ward made a motion to table Item 4: Approval of meeting minutes, Item 5: Election of Chair and Item 6: Meeting Schedule. James Kauffman seconded.
- Members voted as follows:
- Therese Gould – Aye
- James Kauffman – Aye
- RoseAnn DeRupo – Aye
- Wayne Woczyna- Aye
- Geoffrey Geane – Aye
- The motion passed unanimously.
Agenda item #7 – Old Business and New Business/ Items unanticipated by the chair
Discussion:
- The board welcomed Gordon.
Agenda item #8 – Update from the Building Inspector
Discussion:
- Larry doesn’t have anything to update.
Agenda item #9 - Next Meeting
Discussion:
- Next meeting will be June 5, 2023
- Travis wanted to discuss going back to in person.
- The board discussed and decided to continue on Zoom
Agenda item #10 - Adjournment
Discussion:
- Motion to adjourn by James Kauffman, seconded by Wayn Woczyna.
- Members voted as follows:
- Therese Gould – Aye
- James Kauffman – Aye
- RoseAnn DeRupo – Aye
- Wayne Woczyna- Aye
- Geoffrey Geane – Aye
- The motion passed unanimously.
- Meeting adjourned at 9:46 pm.
Respectfully submitted,
Trisha Tetreault
Zoning Board Clerk