Town of Lenox
Planning Board
Town Hall Auditorium
Minutes
January 30, 2007
Members present: Chair Kim Reopell-Flynn, KRF; Steve Sample, SS; Pam Mackie, PM; Kate McNulty-Vaughn, KMV
Not Present with notification: Joe Kellogg, JK
Also in attendance was Town Planner Joellyn Warren.
6:00 p.m. no current business.
6:15 p.m. Berkshire OSC, LLC, Map 17 Parcel 40, Use Variance from Table 6.6-1.D.3 and modification of Site Plan Review to permit medical offices and clinics serving outpatients.
KF turned the meeting over to SS as she is employed by Atty. Phil Heller, who represents the applicant.
Those present on behalf of the applicant were Phil Heller, Lori Robbins, Robert Fournier (SK Designs), and Dr. Kevin Mitts (Berkshire OSC, LLC).
Mr. Heller started the presentation by orienting the Board to the back building at the property known as Aspinwell, formerly the Lenox Country Shops. Mr. Case, owner of the property, received a special permit and site plan approval for the first phase of the project on December 12, 2005 to include retail, office, and residential uses. The lot is 64 acres with 1,095 feet of frontage. The back building was not part of that approval. The rear building is located 720 feet from Route 7&20. The building is approximately 350’ x 100’ (35,000 square feet).
The proponent seeks to lease a 112’x 75’ (8,400 square feet) portion of the building on the south side of the rear building for their clinic. Two canopies measuring 22’ x 7’ and 27’ x 7’ on the front exterior will be installed to provide shelter in inclement weather. In addition, a 4’ x 12’ addition would be placed to the rear of the building for an emergency generator.
The building is 720’ from Route 7&20; 270’ from rear property line; 90’ from multi-family residential area; and, 830’ to southern residential property.
Project requires modification of site plan due to the exterior changes related to canopy additions.
The use proposed are medical offices and clinics serving outpatients which are not allowed in the C-3A district. The project will include three operating rooms, recovery rooms, pre-op rooms, storage and offices.
Mr. Fournier reviewed the site plan which shows only a few modifications. There are currently 400 parking spaces in the entire development. The proposed use requires the same spaces as a retail use. Thirty-five spaces are located in front of building. Current lot will be resurfaced, landscape islands will be installed and space stripping will be done. Two pole lights in the same design as recently installed and approved by the Zoning Board of Appeals will be installed.
Mr. Fournier stated that the proposed use will have new dedicated sewer and water lines. He estimates that water usage will be 800 gpd which is much more than previous use.
SS asked where the storage of hazardous materials would be. Mr. Fournier was unsure but referred to the site plan. SS asked where the storage of the oxygen would be. Dr. Mitts clarified that it too was shown on the site plan. KMV asked what steps the applicant has taken to ensure that the storage of the large amounts of oxygen was in keeping with fire and storage requirements. Atty. Heller indicated that all appropriate permits from the fire department would be sought.
Dr. Mitts explained that this proposed project achieves a public benefit not only for Lenox but for the region as well. The clinic would provide a service that currently does not exist. It is for well patients. It is elective surgery. There are no overnights and less recovery per procedure as it employs less invasive methods. There are 5,000 ambulatory centers nation wide. The average size is two surgery rooms. It provides a better service than a hospital because it treats well patients, is elective and is a day service. These type of ambulatory centers result is less infection, are cost effective and convenient. Berkshire Orthopedics will continue to provide services at Berkshire Medical Center and Fairview Hospital. He stated that this project is in keeping with the property owner’s wellness concept for Aspinwell.
The proponent will enter into a long-term lease with the property owner to sustain the center for many years. Other medical services are anticipated to co-locate in the building.
SS asked how many surgeries were planned per day at the proposed location. Dr. Mitts stated if they functioned at full capacity there would be 30 surgeries per day (10 per room).
SS asked if they had thought about the distance to BMC for emergency care and transport. Dr. Mitts stated that it is a perfect location because it is centrally located.
KMV asked if the business would be restrict to orthopedic surgeries or would other specialty doctors be there. Dr. Mitts stated that Berkshire OSC would encourage other specialties to use their facility.
SS asked how long patients would remain at the surgical clinic. Dr. Mitts stated that a patient would most likely be there around 1.5 hours for a 15 minute surgery. A patient would be there for several hours if the surgery were more complicated.
PM asked how many days would the clinic be open. Dr. Mitts stated that current plans include 3 days with plans to grow to 5 days.
Atty. Heller stated that this project is in compliance with Section 11.2.3 of the Lenox Zoning Bylaw as to hardship due to the unique circumstances relating to the size of the structure which is unique to the zone. The building is 35,000 and 720 feet setback from the street. The building lacks visibility and cannot function as a retail complex. This is a continuing issue and the building remains vacant. A clinic use does not have the same needs as retail.
Atty. Heller further stated that doctors offices are allowed by right in the Gateway Overlay District. He argued that this use is less intrusive than a doctors office as it results is less turn over and vehicle trips per day. The proposed use would only generate at maximum 30 vehicle trips per day. In summary he stated that the hardship is directly related to the owners not being able to reuse the building as proven by continued vacancies. The project is good for Lenox. It will bring high paying jobs and no impacts to abutters. The project is consistent with the Lenox Master Plan and the objectives of the economic development section. Atty. Heller asked the Board to make a favorable recommendation to the Zoning Board of Appeals for their hearing on February 7, 2007.
KMV asked if the applicant is asking for a variance for the entire building to argue a use for only a portion of the building. Atty. Heller confirmed and indicated that it is valid due to the large size of the building which is not functionally rentable. Further, he stated that medical offices are allowed by right in the Gateway District and the proposed clinic use is only a minor step in use. SS stated that when the Gateway District was developed and adopted it was limited to doctor offices not clinics serving outpatients.
KMV argued that the use variance request is incomplete on the first criteria under Section 11.2.3 of the Lenox Bylaw.
John Rogers and Tom Romeo, both affiliated with Berkshire Health Systems, were allowed to speak. Both spoke in opposition to the proposal on the grounds that the proposal has several unanswered questions as to its functions and that it does not make a valid case for a use variance.
SS asked for a motion on the request. PM asked to continue the meeting to another meeting for further review. The Board continued the meeting to Tuesday, February 6, 2007 at 6:00 p.m.
SS asked the applicant to get letters from the Lenox Fire Chief and Emergency Response Coordinator for the next meeting.
The meeting was adjourned at 7:15 p.m.
Minutes taken by Joellyn Warren, Town Planner.
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