Town of Lenox
Planning Board
April 8, 2008
Land Use Meeting Room
Members present: Chair Kim Reopell Flynn, KRF; Steve Sample, SS; Joe Kellogg, JK; Kate McNulty-Vaughan, KM-V
Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, Land Use Clerk, PA
Town Manager Greg Federspiel was also in attendance.
Minutes, March 25, 2008: Continued to the next meeting of April 22, 2008.
6:15 p.m. Rob Akroyd, Informal, Brushwood Farm, 36 Pittsfield Rd., Map 17 Parcel 41.
Making the presentation was:
Rob Akroyd of Greylock Design Associates
George Tremblay, of Arrowstreet Architecture
Michael Wang, of Arrowstreet Architecture
Attorney David Hellman
This parcel consists of 76.6 acres. Mr. Akroyd presented a conceptual plan for a pedestrian friendly mixed use development. Included in the development would be a 96 room hotel, retail shops, restaurant, office, and a variety of residential options.
There are two curb cuts on Routes 7 & 20 and one on West Dugway. A preliminary traffic study was done last summer during the height of the Tanglewood season.
Mr. Akroyd has been in discussion with the Lenox Conservation Commission and Natural Heritage regarding the wetlands on the property. The plan is to keep about 50 percent of the property as open space and preserve the open meadow.
Michael Wang said that the front of the property on Pittsfield Road will be retail focused. Proposed is a series of small retail shops anchored by a hotel and restaurant. It is proposed that there will be 115,000 square feet of retail use, 18,000 square feet of office space and a variety of loft style and multi-family apartments. Forty eight stacked duplex units and townhouses are proposed for the back side of the ridge. Total housing units would be 134. The developers’ intentions are to preserve wooded open space and trails.
JK said that he liked the mixture of uses, but had serious concerns about the OSRD proposal to be known as East Ridge, and KRF said that she felt this plan was on the right track. KM-V stated that this project is sizable in a small town and expressed concern of its impact on downtown Lenox.
Mr. Akroyd said that a preliminary plan will be presented soon to lock in the rights afforded by the OSRD.
They expect to file for two wavers:
1) The Zoning Bylaw has a limit of 20,000 square feet for a commercial building. This plan calls for a grocery store of 35,000 square feet, smaller than most which are 60,000 square feet or more.
2) Drive-through windows are not allowed under the Lenox Zoning Bylaw. Mr. Akroyd said a waiver will be sought to permit a drive through
KRF recused herself as she is employed by Philip F. Heller. JK served as acting Chair.
6:30 p.m. Fereal Realty Trust d/b/a Seven Hills, 40 Plunkett Street (Map 3, Parcel 83), Planning Board’s recommendation to the Zoning Board of Appeals.
In attendance were:
Philip Heller, representing Fereal Realty Trust
Roberto Flores and Patricia Eder, trustees of Fereal Realty Trust
Warren and Hope Hagler, abutters to the Seven Hills
Mr. Heller said that it is recognized that the Haglers have concerns for the possible development of the property. He pointed out that Seven Hills which is pre-existing and non-conforming was established in 1951 and that over the years additional rooms have been added to bring the current number of guest rooms to 58. On occasion as many as 400 people have gathered at this facility. This proposal would allow the Inn to exist on 15 acres rather than the current 26 acres and the proposed capacity would be reduced to no more than 100 people. The impact to the neighbors would be significantly reduced. Mr. Heller offered a solution to the Haglers which would include a 150 foot buffer zone, landscaping, and a reduction of two homes on the remaining lot of 10.32 acres to one home.
Ms. Hagler raised questions regarding imposing restrictions and protection afforded to her property. In response JK said that the Planning Board is an advisory board to the Zoning Board of Appeals and that she should address her concerns to the Zoning Board.
KM-V said that as far as she could see, there was no obligation for the petitioners to make the offer as presented by Mr. Heller, and that she feels that the offer is generous.
KM-V made a motion to recommend the modification of the special permit as presented, (with the notation that the information regarding the 150 foot buffer was presented to the abutters at a late moment and the abutters did not have any opportunity for any discussion), with the conditions as offered by Mr. Heller:
1. Restrictions on the 150 buffer,
2. Building envelope as presented
3. Restrictions on the Inn that Mr. Heller discussed.
SS seconded the motion and the Board voted 4-0 to approve.
7:00 p.m. Public Hearing regarding Vahle property, Lot 51 on Map 27, Pittsfield Rd. The petition was filed by William Vahle to rezone his property from C-3A to C-1A and to amend Table 6.6-1 of Section 6: USE REGULATIONS of the Zoning Bylaw to allow Drive-In, Drive-Up or Drive-Through Eating Establishments and Drive-In, Drive-Up or Drive-Through Retail, Sales and Service Establishments in a C-1A District and C District by special permit as a special exception granted by the Board of Appeals, and related definitions and regulations pertaining thereto.
Making the presentation was:
Attorney Emil George
Attorney Phil Heller
Mr. Heller, addressing the zoning change, stated that Mr. Vahle’s property is both zoned C-1A and C-3A. In 1974 there was a Bylaw change. Mr. Vahle was on the committee that generated the change as his property was directly affected. His recollection is that the zoning line was to go around his restaurant. Instead part of his property is zoned C-1A but his restaurant is in the C-3A zone. The Five Chairs is a Planned Unit Commercial Development that was permitted in 1973.
Mr. George addressed the drive up component to this petition. He said that CVS is interested in building in Lenox (no commitment at this time as to location) and would like to have a drive-up window for picking up prescriptions. Even though there are five drive-up windows in Lenox, the Zoning Bylaw does not allow them, according to the Building Commissioner. He asks that the PB endorse the petition to change the zoning to allow for a drive up. He does not know if this site would be the one CVS would choose. Mr. Heller said that in the past the Building Commissioner has considered a drive-up window as an accessory to a business, but recently has denied them. Mr. Heller feels that this would be a remediation of the Zoning Bylaw. JK asked MA to have Mark Bobrowski review the language of
this amendment as he does not want the language to give the Town something that is not desired.
Olga Weiss questioned whether this is appropriate for the Vahle location. JK said that this amendment will allow CVS to go forward with a request but does not give them a permit.
Letter of opposition from George Jordan was submitted for the record.
SS made a motion to close the public hearing and KM-V seconded the motion. The Board voted to approve 3-0.
KRF returned to the meeting to Chair.
Planning Board report on Discontinuation of Reservoir Road: It had been thought that the report could be submitted to the Board of Selectmen at their April 30, 2008 meeting, but it has been determined that the Planning Board must attend. The time is at 5:30 p.m.
Report regarding Zoning Bylaw Amendments to Special Town Meeting and Annual Town Meeting
MA presented the report to the Board and told them she had Mark Bobrowski review the report and that his comment was “Nice job”. The Board discussed the strategy for presentation to the Special Town Meeting.
KR-F said she would like to have further discussion on Article 3 (Flexible Development) at the April 22, 2008 Planning Board meeting.
JK made a motion to endorse the Planning Board report on the Zoning Bylaw Amendments. KM-V seconded the motion. The Board voted to approve 4-0. (KRF recused herself from the vote on the Vahle petition)
KRF recused herself as she is employed by Philip F. Heller. Mr. Heller’s firm represents Ms. Nadorff. JK served as acting Chair.
M. Lynne Nadorff, 25 Tucker Street (Map 43, Parcel 102), Form A.
SS moved to approve the Form A and KM-V seconded the motion. The Board voted to approve 3-0.
On a motion by JK, seconded by KM-V, the meeting was adjourned at 8:25 p.m.
Respectfully submitted,
Peggy Ammendola
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