MINUTES
August 02, 2010
Meeting held at Otis Town Hall
1 North Main Road, Otis, MA
7:00 pm - 8:30 pm
ZBA Members: (Present) Karen Fink, chair; Edward Partyka, David Cooper, Katherine Couch, Terry Gould, Geoffrey Geane, Barry Weinstein
ZBA Members: (Absent) None
Applicant(s): Michael and Ingrid DiGregorio
Abutters & Public Attendees: Larry Gould, Town of Otis Building Inspector, Gary Silkey
Agenda item #1
Case # 2010-08-01 - Michael and Ingrid DiGregorio
238 Brookman Dive, Map 18C, Lot #34
Discussion:
Meeting 7:02 pm at convened. Chairman Fink read the application and public notice. Introductions were not needed due to the fact the DiGregorios were before the board before.
Gary Silkey, builder, addressed the board. He went over the plans that were approved on April 26, 2010.
The original house was four feet longer and the y added the size to the deck. Gary stated that the front of the house was plain and would like to add a screened porch on the deck that was previously approved and balcony over the screened porch.
Karen Fink had questions on the dimensions of the balcony. Gary stated the balcony would be four feet across. Discussion of the dimensions was made. Michael and Ingrid DiGregorio approached the table and also showed the dimensions of the additions. The new proposed deck would have the stairs on the northern side of the deck instead of inside of the previous plan's footprint. Karen stated that clearer dimensions are needed. Gary Silkey stated that they would like to add 7 feet 7 inches to the deck.
Karen questioned the footings that are already poured. Are they poured to the approved deck or the new application? Gary Silkey stated that it is to the new plans that aren't approved. Karen would like to know the dimensions. Gary Silkey states 36'3" to the outside of the stairs the balcony is 36' 7" for the balcony.
Karen wanted to know the side setbacks; they are 18'7" and 12'6".
Ed Partyka we need to think if this expansion will cause impact on the neighbors.
Michael DiGregorio states that all the houses would now be in line due to the fact that the structure itself would be moved back, shrunk, four feet and the deck would be in its place. Ingrid DiGregorio showed and submitted the pictures to the board of the views of the neighbors' homes.
Terry Gould stated that she is uncomfortable with the footings were poured already. Mr. DiGregorio stated the retaining wall was put in due to the fact that they could not put drains in. Gary Silkey said the wall needed to be put in first because there would be no access. Terry asked if it was for the plans before
the board or the approved plans. Gary stated it was for the plans in front of the board. Larry Gould clarified the sequence of events that lead to this point.
Karen stated that would like to know with the new roof design how it will affect the neighbors' properties. Ingrid stated that gutters will be installed. Gary stated that a gravel stop can be installed on the southern setback.
Dave Cooper wants to know if the gutters be accessible to keep them clean. Gary Silkey stated that there will be gutter guards will be installed to Gary stated that there would be no accessibility issues.
Ed Partyka suggested that they should let Conservation Commission know of the changes of the building plans.
A letter was read by Karen Fink and submitted to the board on record from the northern abutter, Trudy Powelson, stating her approval of the plans that are now in front of the board.
Karen asked if there were any other discussion needed.
Ed Partyka states that we need to see where this fails to meets the criteria of the Zoning laws for the Town of Otis. He feels that this fits all the criteria
Ed Partyka made the motion to accept the plans as submitted to the board with the addition of the gravel stop to the southern setback be accepted as presented
Terry Gould seconded the motion.
Karen Fink: yes vote
Barry Weinstein: no vote
David Cooper: no vote
Conditions:
1. The applicant must build to the plans submitted to the board.
2. Gravel stop will be installed on the southern sideline
Agenda item #2 - Approve minutes from April 26, 2010.
Discussion: Dave Cooper made motion to accept the minutes. All members were in favor.
Agenda item #3 - Open Meeting Law
Katherine Couch handed out a copy of the Open Meeting Law that went into effect July 1, 2010 to all the board members.
Discussion: Main topics discussed, posting of notices, executive sessions
Agenda item #4 - Review revised ZBA application form make revisions
Katherine Couch handed out a copy of the proposed ZBA application to all the board members.
Discussion: The board needs to have clear plans and dimensions. Suggested modifications to the application were made. Kathy will make modifications and have ready for the next meeting. Suggestion was made that the application must be reviewed and approved by the Zoning Enforcement Officer before being accepted by the Town Clerk.
Agenda item #5 -Update for next meeting
Discussion: Katherine Couch, Clerk, stated that there was currently one application on file. The board needed to make a decision on having the hearing on Tuesday, September 6, 2010 due to the Labor Day holiday. All members were in favor.
Agenda item #7 - New Business
Discussion: Katherine Couch stated that a new DVR was purchased by the Zoning Board all members including the building inspector would have access to this. It would be kept in the office. The minutes can be uploaded to each member. Karen mentioned that a account could be set up online with dropbox.com where access would available for all members instead of uploading the minutes to each member. This is a secure website.
Agenda item #6 - Old Business
Discussion: Update from Larry Gould, building inspector, regarding Perry/O'Brien special permit. Larry stated that the fence had not been completed (June 7, 2010, was original deadline). Larry asked that a building permit be submitted and this has not been done and the fence is not complete. The fence is not within the approved height. Ed Partyka states that as a board we cannot comment or discussion on the information that we are receiving due to the fact it was not on the agenda and the new open meeting law. This is due to the fact that if Larry needs to seek enforcement and the applicant needs to file an appeal.
Meeting adjourned at 8:30 pm
Katherine Couch
Clerk Zoning Board
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