Town of Otis
Board of Appeals
Town of Otis, Massachusetts
ZONING BOARD OF APPEALS – Meeting Minutes September 3, 2024
Meeting held via Zoom 7:00 pm –
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:
Paul and Debra Case and Case-Drag Family Irrevocable Trust, 409 Lion Hill Road
Mike Parsons
Don Chartier, Builder
Dave Dikeman, 408 Lion Hill Road
Agenda item #1 – Open Meeting/Introductions
Travis Ward, Chairperson opened the meeting at 7:00pm. He welcomed Debra and Paul Case. 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 gave an overview of how the meeting will be conducted.
Chairperson Ward read the Public Notice into the record: To hear and act upon the application of Paul Case & Lee Drag, for a Zoning By-Law Special Permit under Sec. 3.3.3 of the Otis Zoning by-laws to demo existing shed and single story cottage and rebuild a 2-story cottage in the same location. The shed will not be rebuilt. Setbacks will not change on the property.
The Chair opened to the Board for discussion:
Mr. Case explained that the new structure would stay within the existing footprint.
Jim – had concerns about the setbacks on application not making sense to setbacks shown on the Plot Plan.
Travis and Mr. Case – said to go by the plot plan.
Terry – said the only change in the footprint would be squaring it up.
Larry – explained it was 2 structures with a single driveway; front distance is 160’ and the side distance is 15’.
Travis – asked Mr. & Mrs. Case for clarification on who owns the property. It is Case-Drag Family Irrevocable Trust.
Travis – asked if other Board members had comments and there were none.
Meeting was opened to the Public:
Immediate Abutters –
Dave Dikeman – asked if all 3 structures were being torn down?
Mr. Case – explained there were actually 4 structures. The small one in front of the front cottage, which is a pump house, will remain.
Mr. Dikeman – supports the Case’s plan as they’ve been good neighbors and feels they will build a nice cottage.
Motion to Close Public Portion of the Meeting – Jim Kauffman
Seconded – Wayne Woczyna
All voted Aye (5)
Travis noted that Gordon will be voting this evening.
Travis asked for comments from the Board –
Terry – thanked Mr. & Mrs. Case for presenting such a professional and complete application to the Board to review.
Lisa – No written correspondence from abutters
Terry Gould made a motion to accept the application, as submitted, with the front setback becoming 15’, squaring the building on the lot.
Seconded – Wayne Woczyna
Voice Vote – All voted Aye (5)
Travis thanked Mr. & Mrs. Case and read, “This permit will sit in obeyance 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.”
Agenda item #2 – Approve minutes from prior meeting from June 3, 2024 and July 1, 2024.
A) Meeting Minutes for June 3, 2024
Motion to Approve: Terry Gould
Seconded: Jim Kauffman
All voted Aye (5)
B) Meeting Minutes for July 1, 2024
Motion to Approve: Gordon Middleton
Seconded: Terry Gould
Jim Kauffman abstained as he wasn’t in attendance of the July 1st meeting
All voted Aye (4)
Agenda item #3: Old Business and New Business, Items unanticipated by the Chair.
New Approved Application Submission Deadline Policy
Travis – Larry will put the new policy on our Town of Otis website, as it is now official. He thanked the Board for giving Larry strengths necessary to enforce that applications must be complete and professional before being presented to The Board.
Agenda item #4: Update from the Building Inspector.
A) There is one item in the works – J&D Marina is working on plans and documentation, but it’s not complete enough yet to present to The Board for review. There is a permit already in place for the existing structures and submitting this would mean 2 permits for 1 application/project. Town Council feels that it is close enough to the expiration date that if it is allowed to expire, then that will be sufficient.
Travis added that this is a very large project and Larry has been working with them to present a complete and professional application so the process runs smoothly.
Travis – asked if other Board members had comments and there were none.
B) Commonwealth of MA, Attorney General has approved a Short Term Rental Bylaw.
Larry – in the next 3 months there will be a Registration Policy put into place with forms and procedures. Starting the beginning of the year, it will be advertised and will start giving people notice to register their short term rental properties. Registration will be the bigger task the first year and then move towards the inspection portion. Larry doesn’t expect this to be a problem at all.
The next meeting will be October 7, 2024
Adjournment:
Motion to Adjourn: Wayne Woczyna
Seconded: Terry Gould
Meeting adjourned: 7:31pm