Zoning Board Meeting Minutes 12/06/2021

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 MINUTES                 December 6, 2021

 

Meeting‌ via Zoom ‌ ‌

7:00‌ ‌pm‌ ‌–‌ ‌8:09 pm

ZBA‌ ‌Members: (Present)‌‌ ‌ Geoffrey Geane, James‌ ‌Kauffman, Therese‌ ‌Gould,‌ RoseAnn‌ ‌DeRupo‌, Robin Peterson, Wayne‌ ‌Woczyna‌, Travis Ward ‌

ZBA‌ ‌Members:  ‌(Absent)‌ ‌‌None

Clerk: (Present) Trisha Tetreault

Applicant(s): (Present) Roland Nadeau, Jean Guy Nadeau, Jasmine Kaempfer, David Tuzzio

 

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 7:00‌ ‌pm.‌ ‌Chairperson‌ Geoffrey Geane ‌

opened‌ ‌the‌ ‌meeting‌ ‌and‌ ‌read‌ ‌the‌ agenda. ‌Introductions‌ ‌of‌ ‌the‌ ‌board‌ ‌members‌ ‌were‌ ‌made. ‌ There‌ was‌ ‌a‌ ‌quorum; five‌ ‌voting‌ ‌members‌ ‌and‌ ‌two‌ ‌associate‌ members ‌present‌. ‌ ‌

 

Agenda‌ ‌item‌ ‌#2‌‌ – To hear and act upon the application of Roland Nadeau & Jean Guy Nadeau, for a Zoning By-Law Special Permit under Sec. 3.3.5 of the Otis Zoning by-laws to tear down an existing single car garage and construct a two car garage, 24’ X 26’ and to reduce the front setback from twenty-two feet (22’) to ten feet (10’). Address/Location: 176 Kibbe Road, Otis, MA. Assessor’s Map 17C, Lot 50.

Discussion:  The Nadeau’s were asked to address the board and explain their project. They explained that the existing 12’ x 20’ garage sits 2’ lower than the road and a septic system they had installed. This causes water to run into the existing garage, thus they are unable to open doors in the winter. They would like to build 24’x26’ garage to replace. Doors would be moved to face the road. The setback would remain the same to the neighbor’s garage on the left. It was determined that the structure is currently a shed, not a garage. Not enough property for a circle driveway. Trisha stated the abutters had been notified and we received no comments. Travis’ concern was that this would affect the abutter. Geoff felt the garage could be rebuilt in the current footprint. The board discussed redesigning so that garage is not closer to the road. The applicants could withdraw without prejudice and come back next month with changes. Robin believes it conforms with the neighborhood. Terry stated the existing garages may have been built in the existing footprint. RoseAnn asked if the applicants wanted the reconsider the application before a vote. It was explained that if the board voted against the application, the applicants would not be able to come back for 2 years. Terry explained the benefits of coming back in a month. The Nadeau’s agreed to continue with voting.

Roll call vote was taken. Members voted as follows:

 

Therese Gould – Nay

RoseAnn DeRupo – Nay

Jim Kauffman – Aye

Robin Peterson – Aye

Geoffrey Geane – Nay

 

The motion failed with 2 votes in favor and 3 against.

 

Agenda‌ ‌item‌ ‌#3‌‌ –‌ To hear and act upon the application of Jasmine Kaempfer & David Tuzzio, for a Zoning By-Law Special Permit under Sec. 6.2.1 of the Otis Zoning by-laws to reside in a recreational vehicle during the construction of their single-family dwelling. Address/Location: 200 Lincoln Road, Otis, MA. Assessor’s Map 8, Lot 53.

Discussion:  Geoff asked the applicant if they would like to add anything. The applicants stated they would like to live in their camper while building their home. They added that the camper is an all-season camper. They have already brought the camper to the property as they needed to move it from Klondike. They stated the well, septic and electric are in and plan to take occupancy in the new home within the year.  The camper is approximately 250’ away and hidden from the road. They currently don’t have their 911 number posted, but Larry added that the address is in the E911 directory. RoseAnn asked what would happen if the project wasn’t completed. Larry stated the permit would expire and they would need to come back to the ZBA with a new permit. Geoffrey asked if we had comments from the abutters. Trisha stated the abutters had been notified and none responded. Public comments were closed. The board members discussed conditions. Travis made a motion to accept the permit with the additional conditions: Address 911 Numbers must be posted at the end of the driveway. Said permit shall not extend longer than one (1) year. Temporary living quarters are to be used only by applicants and only while dwelling is being constructed. Must comply with all provisions of the State Environmental Code, Title 5 and with regulations of the Board of Health.

Roll call vote was taken. Members voted as follows:

 

Therese Gould – Aye

RoseAnn DeRupo – Aye

Jim Kauffman – Aye

Robin Peterson – Aye

Geoffrey Geane – Aye

 

The motion passed unanimously with conditions.

Agenda item #4 Approve minutes from previous meeting.

Discussion:   RoseAnn DeRupo made a motion to approve the minutes. Jim Kauffman seconded the approval.

Roll call vote was taken. Members voted as follows:

 

Therese Gould – Aye

RoseAnn DeRupo – Aye

Jim Kauffman – Aye

Robin Peterson – Aye

Geoffrey Geane – Aye

 

The motion passed unanimously.

 

Agenda‌ ‌item‌ ‌#5– Old Business and New Business/ Items unanticipated by the chair‌

Discussion: Geoff asked if a special meeting should be held solely to approve minutes regardless of having an application. Terry said they do not need to legally approve them until the next meeting. Travis suggested having the minutes within the month so they can be reviewed early, then discuss at the next meeting. It was decided an additional meeting is unnecessary. Geoff discussed the spreadsheet Trisha sent. As the cost of advertising and postage has increased, each application costs more than the fees charged. The board discussed and all agreed to submit a plan for fee increase to the select board. The town has requested a discussion regarding the replacement of the past ZBA Clerk, Kathy Couch. Multiple members noted that Kathy expressed her intent to resign in past meetings. Geoff stated she was later asked to complete multiple tasks and failed to do so. Robin made a motion based on Geoff’s statement that the Zoning board has terminated Kathy Couch for her lack of performing the requests of our board Chair Geoff Geane. Travis seconded the motion.

Roll call vote was taken. Members Voted as follows:

 

Therese Gould – Aye

RoseAnn DeRupo – Aye

Jim Kauffman – Aye

Robin Peterson – Aye

Geoffrey Geane – Aye

 

The motion passed unanimously.

 

Agenda‌ ‌item‌ ‌#6– Update from the Building Inspector‌ ‌ ‌

Discussion: A special permit application has been submitted. We will have a meeting next month.

 

‌Agenda‌ ‌item‌ ‌#7 ‌–‌‌ Next Meeting

Discussion: ‌The next meeting will be on Tuesday, January 4, 2022.

 

Agenda‌ ‌item‌ ‌#8 ‌-‌‌ ‌‌Adjournment‌ ‌

Discussion: ‌ ‌ ‌Motion‌ ‌made‌ ‌by‌ Member Robin Peterson ‌to‌ ‌adjourn. ‌ ‌Member‌ Wayne Woczyna ‌seconded‌ ‌the‌ ‌motion. Roll call vote was taken. Members voted as follows:

 

Therese Gould – Aye

RoseAnn DeRupo – Aye

Jim Kauffman – Aye

Robin Peterson – Aye

Geoffrey Geane – Aye

 

The motion passed unanimously

 

‌ ‌Meeting‌ ‌adjourned‌ ‌at‌ ‌8:09‌ ‌pm.‌ ‌

Respectfully‌ ‌submitted, ‌

Trisha Tetreault ‌

Zoning‌ ‌Board‌ ‌Clerk