Town of Lenox
Planning Board
Minutes
December 26, 2006
Land Use Meeting Room
Members present: Chair Kim Flynn (KF), Steve Sample (SS), Joe Kellogg (JK),
Absent with notification: Kate McNulty-Vaughan (KM-V)
Absent without notification: Pam Mackie (PM)
KF called the meeting to order at 6:10 p.m.
The following meetings were scheduled:
· Buccaneer Development-Jim Scalise of SK Design has requested an informal meeting with the Planning Board. The Board scheduled this meeting for January 9, 2007 at 6:30 p.m.
· Robert and Anne Zuber concerning property located at 11 Westminster Road (Map 28, Parcel 70). January 23, 2007 at 6:30 p.m.
· Lenox Dale Neighborhood meeting, January 23, 2007 at 7:00 p.m. This is the first of the series of Neighborhood Meetings planned through April 2007.
Minutes of December 12, 2006: JK made a motion to approve the minutes and SS seconded the motion. The Board approved
3-0.
Public Hearing Notices from abutting communities reviewed:
1. Berkshire Development, Pittsfield
2. David and Linda Morelle, Stockbridge
3. Churchill Estates-denial of Definitive Subdivision, Pittsfield
The following two applications were reviewed:
1. Sheila Keator, David P.G. Keator, Fredrick J. Keator, and Matthew D.M. Keator, concerning property located at 218 Main St., (Map 17, Parcel 58). The Petitioners are requesting a Special Permit under Lenox Zoning Bylaw Section 5.5 to allow for a change in use from an existing non-conforming restaurant use to a business, professional or governmental office use.
Presenting the application was Fredrick Keator. Mr. Keator stated that his family has been in business for over 25 years and rent their office space in Pittsfield. Over the course of the years the business has grown and evolved and recently an opportunity to purchase the Lenox 218 Restaurant presented itself. Twenty five percent of the Keator’s investment business is local, with the remainder outside of the area. Clients do not come in to the place of business on a regular basis. Mr. Keator told the Board that he will be meeting with his architect on December 29, 2006, but there are no plans to alter the exterior. The business, he says, will conform to the neighborhood nature. Mr. Keator said there are seven employees.
The Board suggested that the applicants get letters of support from their abutters and to eliminate any unnecessary parking. The Board felt the business use would be more appropriate in this location than the restaurant use.
JK made a motion to write a letter of support to the ZBA and SS seconded the motion. The Board approved 3-0. KF will write the letter.
2. Daleian Inc., G. T. Kelly, owner of the property located at 529 Walker Street, (Map 38, Parcel 32). The property is located in the Commercial District. Petitioner requests a Variance from Section 6.6-1 A.5 and Special Provision 9.3 to allow the conversion of an existing 2,400 square foot commercial building to three residential units.
Presenting the application was Mr. Kelly. Mr. Kelly said that he bought this property, a former restaurant, in 2000 and planned a shop and office space. (He is in the construction business.) He soon learned that the building was built on a slab with no frost panels, so the Building Inspector, Bill Thornton, would not permit him to proceed with his plans. He then built the second building, which was allowed by right. His construction loan was not adequate for the work that needed to be done. He felt that he could convert this space to condos, and sell at a low price due to the location. The units would be small, one bedroom. Advisers suggested that the vehicles (pick up trucks) from Mr. Kelly’s business would detract from the desirability of purchase of the residential
units. This has led to this application to convert the new building into three residential units.
JK feels that a Special Permit is necessary also. If there were two units, it would not be necessary, but to have three units, the Special Permit is necessary with a Site Plan Review.
The original building is about 90 percent complete for six units. The electrical, plumbing, trim and floors are yet to be completed.
The Board members said it was not clear whether the zoning bylaw requires a variance or special permit. JK suggested that the applicant speak to an attorney and also said that the Building Inspector should submit a written decision.
Mr. Kelly said he put in an application for a Special Permit as he understood Mr. Thornton to say he needed it, but subsequently received a phone call advising him that he needed a Variance. He said that it was Mr. Thornton’s suggestion that Mr. Kelly put condos in the newer building. The units in the rear building would be sold for less than $100,000.00 each and the units in the newer building would be closer to $125,000.00 each.
The Board approved of Mr. Kelly efforts to provide low cost housing. JK suggested Mr. Kelly contact Berkshire Housing Development for advice on affordable housing. SS told Mr. Kelly that the ZBA would be the deciding authority and that variances would require proof of hardship.
Mr. Kelly felt that he should once again discuss his project with Mr. Thornton who would have to tell Mr. Kelly what he needs to proceed. If a Special Permit is necessary, Mr. Kelly will have to withdraw this application and resubmit for a Special Permit. The final decision at this meeting was that Mr. Kelly would speak to the Building Inspector on Wednesday, December 27, 2006.
JK made a motion to adjourn the meeting at 7:15 p.m. and SS seconded the motion. The Board agreed 3-0.
Respectfully submitted,
Peggy Ammendola (PA)
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