Town of Lenox
Planning Board
July 24, 2007
Land Use Meeting Room
Members present: Chair Kim Reopell Flynn, KRF; Joe Kellogg, JK; Steve Sample, SS; Kate McNulty Vaughan, KMV.
Absent with notification: Pam Mackie
Also in attendance was Town Planner, Mary Albertson, MA.
The meeting was called to order at 6:10 pm.
Minutes: JK made a motion to approve the minutes of July 10, 2007 with minor edits. SS seconded the motion and the Board approved 4-0.
Jim Seidl, of SK Design, Form A, Waverly Lenox Nominee Trust, East side of Pittsfield Road, across from Lime Kiln Road. Map 22, Parcels 27 and 27-1. Mr. Seidl, surveyor for SK Design presented the Form A. The subject property is located between La Trattoria Restaurant and Days Inn. The conveyed property, located in the C3A zone will be 3.2 acres with 300’ frontage. The remaining lot of 37 acres will have 301.01 feet of frontage. Both properties meet the requirements of the C3A and R1A zone.
KMV made a motion to approve the Form A and JK seconded the motion. The Board approved 4-0.
(KRF recused herself from the following presentation and left the room as she is employed by Phil Heller. JK acted as Chair.)
Canyon Ranch Resorts, LLC, Modification of Special Permits, 165 Kemble St. Map 7 Parcel 43, Site Plan Review, Modification of Special Permits and approval of Site Plan in connection with the construction of ten condominium units.
Presenting the application was Attorney Phil Heller; Reggie Cooper, General Manager of Canyon Ranch; Rob Hoogs of Foresight Land Services Design; and Melanie Paskevich, architect with Robert Williams Associates of Vermont.
Mr. Heller gave a history of the project and a review of the Special Permits previously granted. There will be a 680 foot long road and a branch road of 260 feet. The grade will be no greater than 7.5 percent. The density now is 3.7% and with this project will be 4.2% which is below the 20% allowed.
Ms. Paskevich presented a scale model and two schemes for the condominium units which will have single car attached garages. The average height of the buildings will be 26 feet with the highest point, a unit with a “walk out”, being 30’. There will be no street lights and the exterior lighting will be low impact, soft white and energy efficient. At the entrance to this development there will be low level LED lighting with a small sign. There will be minimal tree cutting involved with this project.
Mr. Hoogs presented the site plan and stated that the project is low impact and fits into the topography. The road will be 20 feet wide with no curbs. He described the drainage system which will utilize rain gardens. The plans for storm water have been reviewed and approved by the Conservation Commission. The project will be on town water and sewer. Traffic generated by the project will be low impact.
SS asked about the original impacts when Special Permits were first granted versus the impacts of the present. Mr. Hoogs has been in consultation with Jeff Vincent, Superintendent of the Department of Public Works. The latest studies were done 7-8 years ago and there have been no significant changes.
Mr. Cooper stated that the project has evolved over the years and that the plan has benefited from the input of the neighbors who had been concerned about the visual impact.
A letter from Gregory Whitehead of the Bishop Estate Association was presented and summarized by Mr. Whitehead who was in attendance. He stated that in every aspect Canyon Ranch has addressed the concerns of Bishop Estate Association. He did state that he wanted some assurance that the units would not be offered as transient rentals. Mr. Cooper agreed. This would be a part of the condominium ownership. Bishop Estate has such a restriction.
Don Roy, an abutter, spoke in support of the project.
There were no other abutters present and no other correspondence received.
KMV asked Mr. Cooper if Canyon Ranch would consent to having discussions in the future regarding affordable housing. Mr. Cooper agreed.
SS made a motion to recommend approval of the modification of the Special Permit and KMV seconded the motion. The Board approved 3-0.
JK made a motion to adjourn the meeting and SS seconded the motion. The Board agreed 4-0.
(At this point, KRF returned as Chair.)
Buccaneer Development, Inc., 12 East St., Map 4 Parcel 34, SP for a retirement community under Section 9.6 to construct 16 duplex buildings each containing two dwelling units and two buildings each containing one single family dwelling unit. Units restricted to person 55 years of age or older.
Presenting this application was Attorney Emil George, and Jim Scalise of SK Design.
Mr. George gave an overview of the project.
Jim Scalise stated that the project has been approved by the Conservation Commission and explained how the project has evolved during the sessions with the previous Town Planner and Conservation Commission and concerns of the neighbors.
The size of the property is 24.3 acres with 23.2 acres designated as the subject property. There is an existing home of Mr. Starr, the owner of the property. In the near future, the property will be reconfigured so that Mr. Starr’s property will consist of just over an acre. This reconfiguration will give 150 feet of frontage for both parcels.
Mr. Scalise stated there are three zoning issues:
Retirement community
Duplexes
OSRD
Mr. Scalise has met with Jeff Vincent, Superintendent of the Department of Public Works to review the plans. For this project the proponent will install a 3” sewer, but will also install an 8” force main to be consistent with the town’s future master plan. This will eliminate the need to excavate a second time.
Mr. Scalise is looking for a reduction to 15 feet on the side yard setback.
Particular items reviewed by Mr. Scalise were:
1. Retirement community specifics
2. Erosion control Plan
3. Stormwater management
4. Special Permit requirements
5. Traffic study
6. Subdivision Design Standards
Dan Clifford, Fire Chief, has reviewed the plans and Mr. Scalise said that they have followed Mr. Clifford’s guidelines, but does not yet have the written comments.
Mr. Scalise said that the plan calls for staggered lights, cut off style that would be 11 feet tall. They would be on both sides of the street. JK felt the lighting plan was excessive and made suggestions for reduction. Mr. Scalise agreed the lighting could be reduced.
The road will be private and managed by a condominium association.
Mr. George said that the target price was expected to be between $650,000.00 and $750,000.00 per unit. The development is earmarked for local residents and second homeowners.
There were 11 abutters present. Those who spoke were:
Jim Herrick, 411 Walker St.
Gene Chague, 65 East St.
Bob Grosz, 4 East St.
Jan Chague, 65 East St.
Dick Mendel, Brown St.
Debbie Toole, 85 Crystal St.
Meb Joyner, 26 East St.
Concerns voiced by the abutters were:
· Safety
· Size
· Not affordable for Lenox residents
· Visual impact
· Doesn’t fit in neighborhood
· Density
· Destruction of the land
KMV asked about the provision of affordable housing. Mr. George said that the developer had said he could possibly provide four units of affordable housing if they were permitted to turn the two single units into two duplexes in which each unit would be ? the size of the other units. They asked if the tie in fees could be waived in exchange. JK responded that the Town does not have the legal standing to allow a waiver of connection fees.
The Board decided to have a site visit on August 4, 2007 at 8:30 am.
JK made a motion to adjourn the meeting and SS seconded the motion. The meeting was adjourned at
9:10 pm.
Respectfully submitted,
Peggy Ammendola
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