Town of Otis, Massachusetts
ZONING BOARD OF APPEALS
MINUTES December 4, 2023
Meeting held via Zoom
7:00 pm – 7:55 pm
ZBA Members: (Present) Travis Ward, Wayne Woczyna, Roseanne DuRupo, Jim Kauffman, Terry Gould, Gordon Middleton
ZBA Members: (Absent). none
ZBA Clerk:
Public Attendees: See attached
Travis Ward opened the meeting at 7:00 pm.
Introductions of the board members were made. There is a quorum; there are five voting members and one alternate present tonight.
Travis gave an overview of the how the meeting is run. First the application is read, then the applicant(s) will make their presentation, then the board will ask the applicants any questions that they may have. Then the audience may ask questions. The person who is asking the question must state their name then ask
their questions directed to the board not the applicant. The applicant’s reply will be addressed to the board. After the public questions are done that floor will be closed for questions. At that time the board will deliberate and ask the applicants their questions. The public does not have to leave however they cannot ask any further questions at that time.
Travis noted that the clerk was unable to be present tonight and that he would act as clerk for motions and voting purposes. He and Terry Gould would take notes for the purposes of minutes.
Agenda item #1 – To hear and act upon the application of Gary and Deanna Traversa, 95 South Lake Avenue, for a Zoning By-Law Special Permit
Chairperson Ward read the public notice in to the record. To hear and act upon the application for a Zoning By-Law Special Permit under Sec. 3.3.3 of the Otis Zoning By-Laws, to extend an existing, non-conforming deck by one foot eight inches (1’8″) on the north side and constructing a screened porch increasing the height and non-conformity.
The applicant was invited to present the application. Mr. Traversa introduced Mike Kulig from Berkshire Engineering who presented for the applicant.
There were no objections from the applicant.
Travis read an email from abutter, Leo Stasky, 94 South Lake Ave who had no objections to the project.
Hearing was closed to the public. No comments or questions from the board.
Motion to accept: Wayne Woczyna
Seconded: Jim Kaufman
Roll call Vote: All voted Aye
Application Approved
Travis Ward 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 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 #2: Chairperson Ward read the public notice into the record: To hear and act upon the application of Wayne and Marcia Woczyna, 236 Kibbe Rd, for a Zoning By-Law Special Permit under Sec. 3.3.3 of the Otis Zoning By-Laws to extend the existing deck by two feet four inches (2’ 4”) increasing the encroachment on the South. The current setbacks will remain the same.
The lot is listed in the Otis Assessor’s records on Map 17C as Lot 60; located at 236 Kibbe Road, Otis, MA.
Wayne Woczyna is recused from the hearing.
Gordon will be a voting member for the purpose of this hearing.
Travis invited Mr. Woczyna to present his application. Questions were asked about the understructure and Wayne stated that it would all be replaced and brought up to code. Questions regarding the location of the stairs were asked by Jim, Travis and Terry. Wayne stated that the stairs would remain in exactly the same spot.
No further questions from board or public. The hearing was closed to the public. The board felt that their questions had been answered.
Motion to approve: Terry Gould
Seconded: Jim Kauffman
Roll call Vote: all in favor
Application Approved.
Travis Ward 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 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 Continuation from November 6 for application of Bill and Sunday Burke, 1187 Resevoir Rd.
Travis invited the Burkes to update the board and the letter from Heritage Land Surveying and Engineering was entered into the record. (attached). Mr. Burke introduced Matthew Christy, P.E. who reiterated the letter sent previous.
Terry expressed her concern that lot has enough room to build at the 25′ setback or even at a compromise setback at 20′. She also asked about the second-floor deck which is not included in the original setbacks and asked if the board needed to include that in the Special Permit. Travis said that he did not have a problem with the plan as presented with the second-floor decking as it is narrow. The applicant was not in favor of a compromise to the setback. It was noted that Reservoir Rd is very narrow, and should the Town decide to widen the road in the future that the applicant could find a road as close as their property line in the future. The applicant was not concerned about this possibility.
There were no further comments from the board.
Neighbors, Geoff and Nancy Pigman spoke in support of the project. There were no further comments from the public.
Travis closed the hearing to the public. Travis expressed concerns about the grade and offsets and considerations for the septic, water, and leach field. He felt that the option presented was the best one for the project.
Point of Order: Roseanne DuRupo explained that she was not present at the first hearing and would not be able to vote tonight. Gordon Middleton was in attendance at the original hearing and would be a voting member tonight.
Motion to accept: Jim Kauffman
Second: Gordon Middleton
Roll Call Vote: all in favor
Application Approved.
Travis Ward 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 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 Update from Building Inspector. There are no current applications.
Agenda item #5 Minutes: Draft minutes will be sent out and members asked to help with the proofing and clarifications in the minutes and we will approve at our next meeting. The next meeting would be January 2, 2024.
Adjournment:
Motion to Adjourn: Roseanne
Seconded: Jim Kauffman
meeting adjourned: 7:55 p.m.