Town of Lenox
Planning Board
March 11, 2008
Land Use Meeting Room
Members present: Chair Kim Reopell Flynn, KRF; Steve Sample, SS; Joe Kellogg, JK; Kate McNulty-Vaughn, KM-V
Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, Land Use Clerk, PA
Note: Feb. 26, 2008 meeting was cancelled due to weather.
KRF called the meeting to order at 6:10 p.m.
Minutes:
February 12, 2008-JK made a motion to approve the minutes and SS seconded the motion. The Board voted to approve 4-0.
KRF recused herself for the next agenda item as she is employed by Phil Heller. JK served as acting Chair.
Form A, Fereal Realty Trust, Seven Hills, 40 Plunkett St., Map 3 Parcel 83. Presenting the Form A was Attorney Gail Garrett of Philip F. Heller & Associates. Seven Hills Inn is located on the 26 acre parcel. Ms. Garrett stated that the owners wish to divide the property into two parcels with Seven Hills Inn and buildings on 15 acres and a smaller lot that will consists of 11 acres. She explained that the Inn has never used the additional 11 acres. Currently Seven Hills is under contract to sell the Inn and buildings on 15 acres and there is a Purchase and Sale Agreement for the 11 acre parcel. The intended use of the 11 acres would be residential.
Reference was made to a letter received just before the meeting from Patricia Harris, attorney with Cain Hibbard Myers & Cook. Ms. Harris represents Warren and Hope Hagler, owners of a single family residence located at 56 Plunkett Street. The Hagler’s property is adjacent to the Seven Hills property. Ms. Harris wrote that on behalf of the Haglers she engaged the services of S-K Design Group to evaluate whether the proposed frontage for the 11 acre parcel is “illusory” due to the presence of wetland resources along the frontage on Laurel Lake Road. Brett Kamienski, Environmental Scientist with S-K Design Group, did a “wetland inspection”, not a wetland delineation and only observed site conditions and vegetation from Laurel Lake Road as he was not allowed access to
the property.
Russ Sackett, of Sackett Survey Services prepared the Form A plan. His plan does not show the wetlands, but agrees there are areas of wetlands and he could provide a version of the plan which would show the located wetland ribbons. Ms. Garrett said that White Engineering has done a wetland delineation and she could provide a written report of the delineation.
KM-V responded that the amount of wetlands on the property is not a part of the issue, but the access is. Ms. Garrett said that the 11 acre parcel has plenty of areas of access and urged the Planning Board to read carefully the letter written by Mr. Kamienski, as she contends it is “very vague”.
JK said that he would like to see the property and a copy of the wetland delineation to determine that vital access does exist for the 11 acres.
KM-V disclosed that three of her children have worked at Seven Hills.
Pat Harris said that the Haglers wanted assurance that an improper ANR is not approved.
Carol Schwimmer, citing the possible financial crisis facing The Mount, which is located near this property, urged the Planning Board to look at this project carefully as she believes that losing the Mount and Seven Hills would result in the loss of “tremendous land”. JK said that under Massachusetts General Law the property owner has the right to divide the property if there is adequate frontage and vital access to the property. If a Special Permit is desired, the applicant would have to go before the Zoning Board, and the Planning Board would have an opportunity to comment. The applicant has filed a petition to the Zoning Board for a modification of the Special Permit which exists on the Seven Hills property and the Public Hearing is on March 19, 2008. This petition is seeking permission
for Seven Hills to continue to conduct the use and activities on 15 acres rather than the current approximate 26 acres. The Planning Board Members sitting on this hearing agreed to attend the ZBA meeting on March 19, 2008 at 8:00 p.m. to hear the applicant’s proposal on this petition, and will express their opinion at that time, unless the hearing is continued which would provide an opportunity to discuss at the next Planning Board meeting.
The Planning Board Members sitting on this hearing agreed to a site visit at March 25, 2008 at 5:30 p.m. At the Planning Board meeting on March 25 at 6:00 p.m., the Planning Board Members sitting on this hearing will make a decision on the ANR filed by Seven Hills.
KRF returned to Chair the remainder of the meeting.
Form A, Richard Taylor Map11 Parcels 8 and 8.1, 119 Under Mountain Rd. Presenting the Form A was Roscoe Sandlin.
Mr. Sandlin explained that the parcels are located on the westerly side of Under Mountain Rd. Parcel A contains 0.17 acres and Parcel B contains 0.47 acres with neither being building lots. Parcel A will be added to Parcel 1, and Parcel B will be added to Parcel 2. (Shown on the Plan dated Jan. 11, 2008, as Parcel 1-A and Parcel 2-B respectively.) Both Parcel 1-A and Parcel 2-B conform to the minimum dimensional requirements for a building lot in the R1A Zone.
JK made a motion to approve the Form A and KM-V seconded the motion. The Board voted to approve 4-0.
Other business:
1. Buccaneer: MA presented an update on the law suit.
2. ANR Plan Procedure. In the past, ANR Plans have not been submitted in advance of a Planning Board meeting. MA suggested that the Planning Board consider requiring that applicant file ANR plans in advance so that there is opportunity for the Board to review prior to a meeting. While there were arguments made in favor of this procedure, JK felt that getting the plan at the meeting allows the Board the full 21 day period to act on the plan. It was decided to let things proceed as they have in the past.
3. Zoning Project. (Up to date document for the Zoning By Law was distributed to the Planning Board by MA.) The Public Hearing for the Zoning Project is on March 25, 2008. The Board discussed the possible removal of the OSRD from the Zoning By Law and replacing it with Flexible Development. It was decided that at the Public Hearing, at which Mark Bobrowski will be presenting the re-codification of the Zoning By Law, the public will be advised that Flexible Development is something Mr. Bobrowski has used before, and that while the PB has no intention of re placing the OSRD with Flexible Zoning unless everyone is comfortable with it, we will still proceed with the removal of OSRD at the Special Town Meeting. Mr. Bobrowski will be available to answer
questions from those attending.
4. Three hearings for Lenox Zoning Board of Appeals on March 19, 2008:
a)Frank Newton, 81 Walker Street (Map 40 Parcel 25) modification of a Special Permit under Sections 6.3, 6.6-1(A)(10), 9.3 and 9.4. to allow the construction of an additional condominium unit, bringing the total number of units to six (6) and a Variance from Zoning Bylaw Section 9.3(e)-2. The Planning Board heard the applicant’s presentation for a petition for the Special Permit January 22, 2008 and voted to write a letter of support of the project to the ZBA. Following that meeting, MA realized that the applicant fell short of the required 10,000 square feet of property
per unit to provide for a sixth unit under a Special Permit. The applicant was contacted and it was agreed that the applicant submit a new petition asking for the modification of a Special Permit and to also request a Variance from Section 9.3(e)-2. MA explained the new application to the PB, and after discussion the PB still supports the proposal for six units.
b) Fereal Realty Trust d/b/a Seven Hills, 40 Plunkett Street (Map 3, Parcel 83), modification of Special Permit under Section 5.5 to allow Seven Hills to continue use and activities on 15 + acres as opposed to approximately 26 acres, separating 11 acres, currently not utilized by Seven Hills, with frontage on Laurel Lake Road from the Seven Hills property. The Planning Board Members sitting on this hearing will attend this ZBA hearing and will voice their opinion at that time , unless the hearing is continued which would provide an opportunity to discuss at the next Planning Board meeting..
c) M. Lynne Nadorff, 25 Tucker Street (Map 43, Parcel 102), dimensional variance from Sections 3.6, 8.4 and Section 9.2 to allow the division of the property into 2 lots that do not meet the dimensional requirements of the zoning district. MA explained the petition and said that Ms. Nadorff will also be filing an ANR. The PB did not take a stand on this petition as they will have their opportunity when the ANR is filed.
JK made a motion to adjourn the meeting and SS seconded the motion. The Board voted 4-0 to adjourn and the meeting was adjourned at 7:15 p.m.
Respectfully submitted,
Peggy Ammendola
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