Zoning Board Meeting Minutes 10/20/2020

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MINUTES                 October 20, 2020

 

Meeting‌ via Zoom ‌ ‌

7:00‌ ‌pm‌ ‌–‌ ‌7:45 pm

ZBA‌ ‌Members:‌ ‌(Present)‌‌ ‌Therese‌ ‌Gould,‌ ‌James‌ ‌Kauffman,‌ ‌RoseAnn‌ ‌DeRupo,‌ Michael Ernst‌

Wayne‌ ‌Woczyna‌, Geoffrey Geane, Robin Peterson ‌

ZBA‌ ‌Members:‌ ‌(Absent)‌ ‌none

Clerk:‌ ‌‌Kathy‌ ‌Couch‌ ‌

Attendeees: Mark Bergeron, David Amanti, Greg Doot, Glenn Goldstein, Irene Gilman, LH1, 4794303223

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 David E. Amanti and Holly E. Amanti, for a Zoning By-Law Special Permit under Sec. 3.3.5 of the Otis Zoning by-laws as to demolish the existing structure and build a new structure on the existing footprint existing structure while maintaining the non-conforming setbacks. The new height of the structure will be 27’8”

 

The lot is listed in the Otis Assessor’s records as Lot # 2 on Map 17F; located at

100 Kibbe Point Road, Otis, MA.

 

Kathy Couch, ZBA clerk, stated that the public notice was placed in the Berkshire Eagle on Monday, September 21, 2020 and Monday, September 28, 2020.  A mailing with the public notice was sent to the abutters within 300’ of the property on September17, 2020. No letters for or against the application were received by mail or email.

Dave Amanti and his builder Mark Bergeron were present to answer any questions about the application.

 

Chairperson Therese Gould closed the public portion of the meeting at 7:17pm.

Chairperson Gould said that the only change that she could see was height was increasing and the applicant was basically using the same footprint. The corner of the structure was going to be over by ½ of a foot (6 inches). Member RoseAnn DeRupo had a question about the encroaching on the setback.

Discussion of the board members.

Member Geoff Geane made a motion to approve the special permit as submitted to the board. Member Michael Ernst seconded the motion.

A roll call vote of all members of the board was done. The vote was to grant the special permit application as submitted to the board:

Therese Gould – aye

Geoff Geane- aye

Michael Ernst – 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 -‌ Subject of said hearing will be the application of Glenn S. Goldstein and Joanne T. Goldstein, for a Zoning By-Law Special Permit under Sec. 3.3.5 of the Otis Zoning by-laws as to demolish the existing structure, adjacent accessory building and garage and build a new structure with an attached garage in the existing footprint existing while maintaining the non-conforming setbacks. The new height of the structure will be 23’.

ZBA‌ ‌Members:‌ ‌(Present)‌‌ ‌Therese‌ ‌Gould,‌ ‌James‌ ‌Kauffman,‌ ‌RoseAnn‌ ‌DeRupo,‌ Michael Ernst‌

Wayne‌ ‌Woczyna‌, Geoffrey Geane, Robin Peterson ‌

ZBA‌ ‌Members:‌ ‌(Absent)‌ ‌none

Clerk:‌ ‌‌Kathy‌ ‌Couch‌ ‌

Attendeees: Greg Doot,Glenn Goldstein, Irene Gilman, LH1, 4794303223

 

‌The‌ ‌meeting‌ ‌at‌ ‌convened‌ ‌7:22‌ ‌pm.‌ ‌Chairperson‌ ‌Terry‌ ‌Gould‌ ‌opened‌ ‌the‌ ‌meeting‌ ‌and‌ ‌read‌ ‌the‌ agenda. As a point of order Kathy Couch, ZBA clerk, stated that the public notice was placed in the Berkshire Eagle on Monday, July 16, 2020 and Monday, July 23, 2020. Clerk Couch stated that the setbacks that were read by Chairperson Gould are not the setbacks that are being presented this evening. The new setbacks and packet information was received on September 30, 2020. The information was emailed to the board members. There were not letters for or against the special permit were received.

 

 

Greg Doot, builder for the owner was present to answer questions about the application. He stated that the existing house, guest house garage were being demolished. The new structure would encompass the footprint of the existing house and guest house. The applicant has already received approval from Conservation for the project.

 

Abutter Irene Gilman had concerns about the right away being maintained while the construction was happening. The right away will be maintained during the construction. On the plans the height of house states 23’ in height however on the application it states 30’. Greg Doot stated that he inadvertently omitted the height of the walk out in the plans.

Greg Doot stated that the house will be setback more.

 

Chairperson Therese Gould closed the public portion of the meeting at 7:33pm.

 

Member Michael Ernst made a motion to approve the special permit as submitted to the board. Member RoseAnn DeRupo seconded the motion.

 

 

A roll call vote of all members of the board was done. The vote was to grant the special permit application as submitted to the board:

Therese Gould – aye

Geoff Geane- aye

Michael Ernst – 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 ‌#4‌–Approve‌ ‌minutes‌ ‌from‌ ‌previous‌ ‌meeting:‌ ‌ ‌

Discussion:‌ October 5, 2021 minutes approved as submitted

 

Agenda‌ ‌item‌ ‌#5‌–Receive‌ ‌update‌ ‌from‌ ‌Building‌ ‌Inspector,‌ ‌Larry‌ ‌Gould‌ ‌

Discussion:‌  ‌‌ No one has contacted him about any special permits.

Agenda‌ ‌item‌ ‌#6‌ ‌‌-‌ ‌Next‌ ‌Meeting‌ ‌

Discussion:‌‌ Deadline has passed for November.

 

Agenda‌ ‌item‌ ‌#7‌‌ ‌–‌‌ ‌‌Old‌ ‌Business‌ ‌and‌ ‌New‌ ‌Business/‌ ‌Items‌ ‌unanticipated‌ ‌by‌ ‌the‌ ‌chair‌ ‌ ‌

Discussion:‌ No discussion

Agenda‌ ‌item‌ ‌#8‌ ‌-‌‌ ‌‌Adjournment‌ ‌

Discussion:‌ ‌ ‌Motion‌ ‌made‌ ‌by‌ t‌ ‌to‌ ‌adjourn.‌ ‌Member‌ ‌RoseAnn‌ ‌DeRupo‌ ‌seconded‌ ‌

the‌ ‌motion.‌ ‌Member‌ ‌Wayne‌ ‌Wosczyna‌ ‌voted‌ ‌in‌ ‌favor,‌ ‌Member‌ ‌Jim‌ ‌Kauffman‌ ‌voted‌ ‌in‌ ‌favor,‌ ‌

Chairperson‌ ‌Therese‌ ‌Gould‌ ‌voted‌ ‌in‌ ‌favor.‌  ‌Motion‌ ‌carried‌ ‌5-0.‌ ‌Meeting‌ ‌adjourned‌ ‌at‌ ‌7:45‌ ‌pm.‌ ‌

Respectfully‌ ‌submitted,‌ ‌

Katherine‌ ‌Couch‌ ‌

Clerk‌ ‌Zoning‌ ‌Board‌ ‌