Town of Lenox
Planning Board
United Methodist Church
Minutes
March 13, 2007
Members present: Steve Sample, SS; Joe Kellogg, JK; Kate McNulty-Vaughan, KMV;
Kim Reopell Flynn (KRF) abstained from the petition discussions due to a conflict of interest. KRF participated in the neighborhood meeting.
Not present (with notice): Pam Mackie, PM
Also in attendance was Town Planner Joellyn Warren.
6:05 p.m. Thomas E. Werman and Susan G. Werman, Trustees, 169 Undermountain Road
(Map 11, Parcels 11-1, 9-1, 9-2).
Present on behalf of the applicant: Mr. and Mrs. Werman, Attorney Phil Heller, Rob Hoogs, Foresight Land Services.
SS read the notice. Phil Heller presented the petition on behalf of the Wermans. The Werman’s currently operate a Bed and Breakfast on the property known as Stoneover Farm. Previous owners received several special permits to allow the B&B use and conversion of other structures on the lot for additional room rentals. There are a total to 5 rooms for rent in 4 buildings. There is a barn structure on the site that is approximately 14,060 square feet. The barn was bought by the Werman’s in 2003 to reunite the property with the main house.
The Wermans currently display art in the main house and suites. JK asked what section of the Bylaw allows for sale of art as part of B&B. Atty. Heller stated that he considers this an allowed accessory use to the commercial B&B operation. KMV and SS agreed that is an allowed accessory use. Atty. Heller stated that the Wermans need additional space to display art work for sale. They would like to use a 20 x 40 portion of the barn for this purpose. The use would be incidental to the primary use and accessory in nature. It may never be separate as an independent use from the B&B. There will be no signage. The use would be for the guests at the B&B. No other modifications to the remaining area in the barn would be modified or used for gallery space.
SS asked if the art gallery would be advertised on the web. Mrs. Werman stated that their B&B is currently listed on the web and travel sites, many of which lists the availability of art for sale.
Rob Hoogs presented the site plan. The site is 6.1 acres. The Wermans also own 4.3 acres across the street. The structures cover approximately .3% of the lot. The Wermans are providing 3 grass on gravel parking spaces in front of the barn. The use will not increase water and sewer use. There will be no bathroom in the space. There will be no impact to stormwater drainage.
SS asked if there will be any art or sculpture displayed outside. Atty. Heller stated that all art will be located in the interior. The area would be locked and access only allowed by owners. Mrs. Werman stated that she needs additional space for her art displays. The area in the barn would allow her to display thematic exhibits. She does not intend to hold gallery openings or other events. KMV asked what the barn is currently used for. Mrs. Werman stated that the barn is currently used for seasonal non-profit, charity events. The far end also houses chickens. Mr. Werman stated that they bought the structure to retain it as a barn. He noted that they have done significant work on the barn to maintain it at a large cost to them.
KMV envisions permitting this use by an extension of the special permit as opposed to a use variance, although she is concerned about other uses creeping into the other portions of the barn. Atty. Heller noted that the Planning Board could recommend limits on the use only to the portion shown on the plan. Any change would require a permit by the Zoning Board. SS noted that it is standard practice for Inns and B&B’s in Lenox to sell gift items and art in their facilities. Atty. Heller stated that there is no definition of accessory use in the bylaw and thus it falls under the accessory building classification of “subordinate to primary use” which he argues is the intent here. JK stated that he is concerned about allowing business use in a residential district. Atty. Heller argued that the current use
is in fact a business use as it is operated as a commercial B&B. SS noted that he would be in favor of restricting the use to the proposed footprint. He further stated that the Board must consider what is in the best interest of the town. It is his position that the Board should act to protect neighborhoods but also encourage viable businesses.
JK asked if the applicant would consider conditions on the recommendation that would limit the use to no external signage, no advertising unless it is as part of B&B advertising, a locked shop and entrance by escort by B&B owners, limit on square footage, and grass over gravel parking area. Applicant agreed. KMV made a motion to recommend approval to modification of special permit, subject to conditions noted. JK seconded. No discussion. All voted in favor. SS to write to ZBA on or before April 4th.
6:50 p.m. Essencials Day Spa, continued from March 8, 2007.
Present on behalf of the applicant: Jim Scalise, SK Design, Attorney Phil Heller, Kelli Wright.
Mr. Scalise stated that he has spoken to MassHighway and they have provided him with the assurance that this project does not require a curb cut permit. He has also spoken to Jeff Vincent, Lenox DPW, regarding this project and he will provide a letter to the Zoning Board. It is Mr. Scalise’s understanding from Mr. Vincent that there are no outstanding issues and that the hookup fees will cover any required improvements.
SS asked whether Attorney Emil George, who was present and spoke in favor of the project at the last meeting was representing the owner/seller of the land or the homeowners association at Twelve Oaks. Ms. Wright stated that she understood that Atty. George was representing the owner/seller but she herself has spoken to the owner and several homeowners at Twelve Oaks. She has gotten a positive response from all.
KMV stated that she is struggling with the use variance. She added that she is not sure why spas are not an allowed use in this district. JK asked Atty. Heller to restate the rationale for the use variance. Atty. Heller argued that case law points to the use of a unique structure as a rationale for granting a variance. In this case the size of the building and the fact that it has been on the market for two years, supports the position of hardship, financial or otherwise. The owner is taking a hit on price points; assessed value is $1.7 million but selling for $1.3 million.
JK stated that he likes the project but cannot justify granting the variance. SS argued that the Planning Board should look at the planning aspect of the project. This is a good business and the Board should seek to promote the business in Lenox. The business has been in town less than a mile in either direction. The Zoning Board should act on the zoning. KMV made a motion to recommend approval of the special permit to allow Inns, seasonal out door dining, and day nursery. JK seconded. No discussion. All voted in favor.
KMV made a motion to recommend the use variance be denied because the rationale has not been met. JK seconded. There was discussion that a note should be added to letter that states that the board feels that the use is appropriate in this area, however, the zoning does not allow it and the variance benchmark has not been met. Vote 2-1. SS voted in favor of variance. JK to write letter to ZBA on or before March 21st.
The business meeting was adjourned at 7:05 p.m.
7:15 p.m. Neighborhood Meeting.
The Planning Board continued their meeting at United Methodist Church to hear from the residents of the Pleasant Valley neighborhood. Many of the issues presented related to:
· Keep the area the same. There is not a lot of developable land remaining.
· Zoning is appropriate (large lot sizes)
· Land owners should be encouraged to give land for protection
· Turning onto Route 7&20 is treacherous – new alignment of West Mountain Road at Five Chairs restaurant and Holmes Road.
Neighborhood meeting adjourned at 8:05 p.m.
8:10 p.m. Other Business.
The Board discussed the nomination of a member to the Community Preservation Committee. JK stated that he is interested. Unless Pam Mackie would like to be considered JK would be named to the Selectboard for formal appointment.
Meeting adjourned at 8:20 p.m.
Minutes taken by Joellyn Warren, Town Planner.
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