Town of Otis, Massachusetts
ZONING BOARD OF APPEALS
February 15, 2017 approved
Meeting held at Otis Town Hall
1 North Main Road, Otis, MA
7:00 pm – 7:05 pm
ZBA Members: (Present) Therese Gould, chair, James Kauffman, Katherine Couch, Geoffrey Geane, Edward Partyka
ZBA Members: (Absent) Albert Hurley, Michael Ernst
Applicant(s): Phillip Cooley
Public Attendees: James Crandall, Mary Crandall, Killian DuBourg, Thom Garvey
Agenda item #1 – Review and hear the Special permit application
Case # 2017-01-01 Phillip Cooley
The property is shown on the Otis Assessor’s Map 11, Lot 79-4 located at Becket Road, Otis
Meeting at convened at 7:00 pm.
Chairman Therese Gould opened the meeting and read the public notice. This is a continuation of the January and February 7, 2017 meetings.
Terry read into the record a letter from Hannon and Lerner, attorney for Angelina DuBourg. Also for the record Terry wants it noted that the attorney contacted her at home by phone regarding this matter. Terry told him that she would not give him her opinion that everything will be decided at the meeting.
Ed Partyka reviewed the letter submitted to the board. The letter states that Angelina DuBourg is granting Phil Cooley a “ground lease”. This gives Mr. Cooley the right to be a tenant on the property. Mr. Cooley stated he was told that his name is going on the deed. However, this doesn’t fulfill the town of Otis by law requirement that the applicant must be on the deed to obtain a special permit to place a trailer on the property to live in while the construction of a dwelling is taking place.
Killian DuBuorg, owner of the property’s son, asked for a clarification of why Mr. Cooley had to be on the deed. The by law was read and a copy was given to him.
Mr. Cooley must have an ownership interest of the property in order to be granted the special permit. Mr. Cooley asked for the meeting to be continued so he can obtain the proper documents.
Terry Gould opened the floor to the public. Mimi Crandall asked when the one year period would start for the special permit. When the special permit is granted and it sits in abeyance for the 21 day period is when the one year would start.
Thom Garvey stated that a many months have passed and Mr. Cooley is living on the property and he feels that rules are being bent. Larry Gould stated that he also would like to see this matter wrapped up.
A decision by the board was made to continue the meeting again until February 22, 2017. At that time Mr. Cooley must present to the board the actual deed or a draft that can be filed at the Registry of Deeds with him having an ownership interest in the property.
Ed Partyka made the motion to continue the meeting until February 22, 2017. Jim Kauffman seconded the motion. All other members agreed.
Agenda item #2 – Receive information from Building Inspector, Larry Gould
Discussion: No applications on the horizon. Nothing to report.
Agenda item #3 –Update for next meeting
Discussion: The next scheduled meeting will be February 22, 2017. Also there will be a meeting on March 6, 2017
Agenda item #4 –Mail
Discussion: Nothing to distribute.
Agenda item #5– Approve minutes from previous meeting
Discussion: All voted to review and approve a later date.
Agenda item #6– Town Report –
Discussion: All voted to submit as drafted.
Agenda item #7– Old/New business
Meeting adjourned at 7:40 pm
Clerk Board of Appeals