Town of Lenox
Historic District Commission
Minutes
March 28, 2007
Land Use Meeting Room
Members present: Chair Ken Fowler (KF), Elaine Steinert (ES), Kate McNulty Vaughan (KM-V), Jason Berger (JB)
Winstanley 114 Main St., Map 43 Parcel 80, Planned Unit Commercial Development. (Continued from March 20, 2007)
Presenting the request for a Certificate of Appropriateness was Attorney Phil Heller and the owner of the property, Nate Winstanley.
Mr. Heller stated the purpose of this meeting was to comply with the request by the Zoning Board of Appeals for the Historic District Commission to review entire Planned Unit Commercial Development. Mr. Heller gave a review of the entire project proposed within the 3.28 acre site with 1.87 acres within the Commercial Zone. In doing so, he presented a site plan which denotes the portion which is within the Historic District. The plan calls for an addition to the existing Meadow Place building which houses two companies owned by Mr. Winstanley, a two story freestanding retail building (1792 square feet footprint) at the corner of Franklin and Main, and a residential component. The latter does not fall within the Historic District. The height of the retail building on the corner would be
35 feet, and would have a design element of a cupola.
The Commission had observed at their Site Visit of March 15, 2007, that the residential component of the PUCD would not be visible from Franklin or Main Streets, and does not fall within the HDC’s jurisdiction.
Mr. Winstanley presented to the Commission additional photos and elevations that had been requested by KF. Additionally he brought a model of the project. The photos included the windows proposed for the retail structure as well as two historic photographs which show that there had been a retail building on the corner of Franklin and Main, constructed right up to the sidewalks of those streets. He said that when there is a snow cover, the outline of the foundation was visible.
ES questioned Mr. Winstanley on the detail shown in the rendering of the proposed retail building, in particular the space between the windows. He explained that he plans to have false columns, such as those that are on the Community Center building. He hasn’t picked the windows, but plans on double hung, wooden windows. Mr. Winstanley stressed that in renovations or improvements to the existing Meadow Place Building he has always used wood and materials that are appropriate for the age of that building. (This building has a history which goes back to the 1700-1800 era. Before he acquired it, it had been used as a retirement/nursing home for women.)
When asked by the Commission about specific materials, doors, etc., Mr. Winstanley said that he questions the timing of having to come before the HDC. Before making those decisions he has to first get an approval from the Zoning Board.
Mr. Heller felt that what has been presented should be sufficient for the HDC to determine if it is appropriate or not. The applicant is before this Commission to satisfy the request of the ZBA. (The continued ZBA hearing is April 4, 2007.)
The Commission discussed the difficulty in being able to approve this project when the details are lacking, yet understood that those lacking details could not be provided at this stage. The Commission, before being able to give final approval, must be able to review specifics as to materials, design, etc. The applicant will not proceed to that step unless or until approval is given by the ZBA.
Internal discussion:
KF asked the Commission if they wanted, with the information before them, to make a blanket opinion as to the appropriateness of the size, type of building, site of building, and the addition to Meadow Place without an actual certificate so that the ZBA would understand the HDC intentions. JB felt that if that is the decision he did not see why a Certificate could not be issued for that which is in the Historic District.
PH asked the question of Pam Kueber, a member of the ZBA who was in attendance, if that was what the ZBA was looking for was size, location and general design, but KM-V interrupted stating the question was inappropriate and did not think the HDC should “cross that line.”
KM-V: “I would take this one building at a time and decide if we are going for the certification or not or make a general informal written response to the ZBA.”
KF: “We have done that. Why couldn’t we? We have issued certificates with conditions. We could issue a formal response, not necessarily a certificate. A formal response that we all agree upon is what the ZBA is looking for, but Nate does not have a permit, so the details are up in the air.”
Mr. Heller: “We do not care if it is not a Certificate of Appropriateness.”
Mr. Winstanley: “I did not anticipate being here (before the HDC) now. I don’t know how it will ultimately look; I have no idea, not there yet.”
KF: Addressing the Commission: “Are you comfortable with a formal response that we think the project is in keeping with the intentions of the HDC?”
JB: “Before we do that we should hear from the public.”
KM-V wanted it to be clear that the “the project” is just the addition to the existing Meadow Place and the new structure.
KF: Addressing the Commission: “As one building and addition to an existing building, do we feel that we could make a formal response in writing to the ZBA that we feel that this project is in keeping with the intentions of the Historic District.”
All agreed but Jason hesitated.
JB: I do not know what kind of formal response; we could issue a certificate pending details.
KF: “We have model drawings, a sketch of history of the lot and the intention of Mr. Winstanley. Do you have enough information to say that we feel that this project is appropriate? Not a certificate, but we are moving in that direction, a written letter to the ZBA that we sign, not a certificate yet. In the meantime, we can research but we have not issued a certificate yet. If we could move to certification, and as details come to light, we will make the decision at that time.”
JB: I don’t feel it is appropriate to hold Nate responsible for a flawed process. I think it is odd for us to be forced to make a response to the ZBA by a certain date.
KF: “We need to get some process going.”
ES: “The ZBA needs to know that we find these two buildings and the gazebo appropriate before they can make a decision.”
Public comment:
KF advised those who wished to speak to understand that the comments are about the buildings that are under the jurisdiction of the Historic District.
Diane Bridges: The design does not blend in to surrounding areas. She doesn’t want Lenox to become another Cape Cod. She feels that Lenox would lose tourists and that the proposed building is not complimentary to those around it. KF responded by referring to the Guidelines.
Danielle Sandow: She started with a comment that “Kate Carey must be turning over in her grave, the owner of Meadow Place that left two million dollars for the women that were sold off at midnight to Pittsfield with the 2 million.” Ms. Sandow was asked to discuss the buildings. She resumed by pointing to a tree planted by Mrs. Wilde in honor of a woman who lived at Meadow Place. “Everyone complained with the green roof. This is the Historic District and the people did not understand how a green metal roof could be in the Historic District. This is a Cape Cod, a nice design, but here is too much glass, we are entering into a problem with water, air. These windows will require extra heat. Extra everything. They will be lit.” Ms. Sandow was asked to make a point. She responded: I would like to finish. You did not interrupt…” KF told Ms. Sandow that her opinion does not necessarily have any bearing on what we decide. She continued: “This is an entire village being put here and
you still have to talk to the church about parking. This should have been brought to Town Meeting to say what you want your town to look like? To put a store on Main street? We have had enough. People are very upset about this being put in their neighborhood. Protect this town in the Historic District. This is inappropriate for Lenox, too big, like Cape Cod, global warming. Don’t need. It is appalling what is going on with these boards.”
Carol Winston: Ms. Winston expressed her disapproval with the Chairman’s comment to Ms. Sandow that her opinion does not have any bearing. KF explained that he did not mean to imply that. “Not that it is not important, but not at this meeting.” She asked Mr. Winstanley if he had gotten a permit for the metal roofs. He responded that he had applied for a building permit and that if the Building Inspector had felt it was appropriate, he would not have issued a permit. The Commission will discuss that with Mr. Thornton, Building Inspector. She stated that a metal roof does not belong in the Historic District.
JB: The Library has a metal roof.
Correspondence:
1) Lenox Historical Commission, dated March 6, 2007
2) James and Sandra Biancolo, dated January 12, 2007, sent to the ZBA, but copied to the HDC.
Both letters were read into the record.
After the reading of the LHC letter, Mr. Heller said that the letter was inappropriate and that the credibility of the letter should be taken into consideration based on the fact that the letter was not sent to the HDC but to opponents to this project.
Mr. Winstanley added that the LHC never asked him to come before them and that he considers it subterfuge and smacks of trying to gather opposition to a project that had not yet been formally been presented.
The public portion of the meeting was closed.
JB made a motion to approve the project as presented with the understanding the applicant will return to the HDC for final approval with respect to specific exterior finishes and any other changes that occur on the project.
JB: In my opinion you can issue a Certificate of Appropriateness with certain aspects of the project before…
Mr. Winstanley advised that there would be a final material review before construction document that he could make available at the appropriate time.
ES seconded the motion. The vote was 3 in favor with Km-V wanting to continue discussion. She wanted to clarify that “the project” being approved, is the part that is in the HDC.
JB amended his motion:
“I make a motion to accept the project as presented with regard to the portion in the Historic District with the understanding the applicant will return to the HDC for final approval with regard to all material finishes and any other changes to the project.”
KF: “That is what he is coming back for, to get the certificate at that time. So you have to put that in.”
JB: That is what we are approving.
KF: Read it again:
JB: I make a motion to accept the project as presented with regard to the portion in the Historic District with the understanding the applicant will return to the HDC for final approval with regard to all specific finishes and any other changes to the project.
ES seconded.
The Commission approved 4-0.
The Certificate of Compliance was formally signed following adjournment of the meeting.
Respectfully submitted,
Peggy Ammendola
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