Town of Otis, Massachusetts
ZONING BOARD OF APPEALS
MINUTES
June 6, 2016 APPROVED
Meeting held at Otis Town Hall
1 North Main Road, Otis, MA
7:00 pm – 7:42 pm
ZBA Members: (Present) Therese Gould, chair, James Kauffman, Katherine Couch, Michael Ernst, Edward Partyka
ZBA Members: (Absent) Geoffrey Geane, Al Hurley
Applicant(s): David and Carol Fishman
Public Attendees: Larry Gould; Building Inspector
Agenda item #1 – Review and hear the Special permit application
Case # 2016-03-01 David and AnneMarie Stempel
The property is shown on the Otis Assessor’s Map 17C, Lot 10 located at 41 North Lake Avenue.
ZBA Members: (Present) Therese Gould, chair, James Kauffman, Katherine Couch, Michael Ernst, Edward Partyka
ZBA Members: (Absent) Geoffrey Geane, Al Hurley,
Applicant(s): Dennis C. Stempel and AnneMarie Stempel,
Public Attendees: Larry Gould; Building Commissioner, John Masik
Meeting at convened at 7:00 pm.
Introductions of the board members were made. Kathy Couch stated that she is a voting member and also the clerk.
Chairman Therese Gould went over the procedures of the hearing. She read the application and public notice. The applicant requests for a Zoning By-Law Special Permit under Sec. 3.3.5 of the Otis Zoning by-laws as to expand two existing decks and construct two sets of stairs within the required setbacks.
This a continuation of the meeting from March 7, 2016.
The legal notice of the hearing was published in the Berkshire Eagle on February 22, 2016 and February 29, 2016. The abutters and town boards were notified on February 18, 2016.
No letters or emails in favor or against the project have been received as of 10:00 am June 6, 2016.
John Masik from R. Levesque Associates presented updated site plans to the board showing elevations, dimensions and setbacks. The setbacks would be 6 feet on the right side and 3 feet on the site.
The applicant would like to expand two decks and construct two sets of stairs within the required setbacks.
Michael Ernst questioned why the stairs would be placed on the left side. Mr. Stempel stated there is a heavy tree line. Placing the stairs at that direction and with the proposed dimensions causes the least amount of encroachment.
Ed Partyka had a question on the plan S-1. about the south side of the deck. There was an architect notation from a previous version of the plans that needs to be taken off the current plans.
MINUTES page 2 June 6, 2016 APPROVED
This will be noted and struck from the plans submitted to board. This deletion was initialed by the applicant.
Public comment portion of the meeting closed. Terry Gould asked for a discussion of the proposal by the board members.
Ed Partyka made a motion to accept the plans that were submitted to the board with the amendment of deleting the notation on the plan S-1.
Jim Kauffman seconded the motion. All in favor, motion carried
Terry Gould advised the applicant that the special permit will sit in abeyance for 20 days with the town clerk. Then applicant can pick it up on the 21st day. File it with the Registry of Deeds then 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 – Review and hear the Special permit application
Case # 2016-06-01 Gary and Lori McCauley
The property is shown on the Otis Assessor’s Map 17D, Lot 11 located at 5 Old Stagecoach Road.
Chairman Therese Gould went over the procedures of the hearing and read the public notice. The applicants Gary McCauley and Lori McCauley are filing for a Special Permit under Section 4.1.1, 3.3.5, and 9.3 of the Otis Zoning By-laws, to build a 20’ x 20’addition and an 18’ x 20’ 3” deck which will encroach in the required setbacks. A proposed set of stairs will encroach the southern side setback. The addition and deck will encroach in the northern side setback.
The legal notice of the hearing was published in the Berkshire Eagle on May 23, 2016 and May 30, 2016. The abutters and town boards were notified on May 19, 2016.
No letters or emails in favor or against the project have been received as of 10:00 am June 6, 2016.
John Masik from R. Levesque Associates presented plan plans and application to the board. The applicants are not available to be at the meeting.
Ed Partyka questioned the 6’7” setback on the side and questioned the accuracy on this measurement. Should state 2’7”? Larry Gould the stairs are currently there and are timber stairs that are being replaced.
They are in the ground not freestanding or a structure in itself.
Public comment portion of the meeting closed. Terry Gould asked for a discussion of the proposal by the board members. The project is following the lines of the current building. All the other homes in the area are close to the sidelines. The project is not creating a great impact.
Michael Ernst made a motion to accept the application as submitted to the board.
Jim Kauffman seconded the motion. All in favor, motion carried.
Chairman advised the applicant that the special permit will sit in abeyance for 20 days with the town clerk. Then applicant can pick it up on the 21st day. File it with the Registry of Deeds then 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.
MINUTES page 3 June 6, 2016 APPROVED
Agenda item #3 – Receive information from Building Inspector, Larry Gould
Discussion: No applications on the horizon. Michael Ernst asked about the status of the storage containers at Bruce’s Hardware.
Agenda item #4 –Update for next meeting
Discussion: The next scheduled meeting will be Tuesday, July 5, 2016. Kathy will notify the members if an application is filed.
Agenda item #5– Discussion of FY 2017 meeting dates
Discussion: The meetings that are normally scheduled on Mondays that fall on a holiday are rescheduled to Wednesdays of that week. Board voted to accept new dates.
Agenda item #6 –Mail
Discussion: Nothing to distribute.
Agenda item #7– Approve minutes from previous meeting
Discussion: All voted to accept the minutes as amended from the May 2, 2016 meeting.
Agenda item #8– Old/New business
Discussion: Discussed with John Masik of R Levesque about the verbiage that has been used in the applications. Variance vs. special permits. Short to the point, less dialogue.
Meeting adjourned at 7:42 pm
Katherine Couch
Clerk Board of Appeals