Town of Lenox
Planning Board
December 10, 2013
Board of Selectmen Meeting Room
Members present: Chair Kate McNulty-Vaughan, KMV; Steve Sample, SS; Mark S. Smith, MS; Gary Schiff, GS; Kameron Spaulding, KS
Staff present: Peggy Ammendola, Land Use Clerk, PA; Mary Albertson, Town Planner, MA
Approval Not Required Plans-There were none.
Canyon Ranch Presentation - Philip Heller
KMV advised that the permitting authority is the ZBA. For larger projects, the Planning Board reviews and determines if they will issue a letter. This meeting permits the public additional opportunity to hear about the project and to comment.
Presenting the application were: Attorney Philip Heller, Reggie Cooper, Managing Director of Canyon Ranch, Architect Robert Harrison of Harrison Design Associates and Rob Hoogs of Foresight Land Services
Attorney Heller explained that an application has not yet been filed, but it is anticipated that the ZBA will hear the petition in January. According to Attorney Heller, this is a significant development of 19 owner occupied condominiums ranging from one and two bedroom units to two penthouses. The structure would be 3 stories and 44.3 feet tall. It would be built in the same footprint of three existing maintenance buildings and would be the 3rd wing off of the inn. There would be an enclosed connector from the new units to the inn. Parking for the units would be 19 spaces underground and 19 above. A small addition to the spa which measures 26 by 17 feet is also proposed and the driveway will be relocated.
Mr. Harrison showed floor plans and the exterior design. The two penthouses on the upper level are to go under the eaves. The three maintenance buildings to be removed are not historic.
Mr. Hoogs reviewed the existing site and the new development. Some trees will be removed but extensive landscaping will be proposed which will consist of hedges, conifers and deciduous trees. The drive way that serves the mansion will be relocated to keep it further away from the mansion. Where the existing driveway is, new landscaping will be proposed to make it look more park-like. The impervious surfaces will essentially stay the same. Mr. Hoogs said the applicants will be going before the Conservation Commission as there are some wetlands. Nineteen units had previously been approved in three different areas, but never constructed. Mr. Hoogs feels this plan is far better.
Mr. Cooper said that originally 37 units were approved for a total of 37,000 square feet. (Twenty nine thousand sq. ft. in one area plus 8,000 sq. ft. in another area.) This proposal amounts to an 18,000 square foot print which is a dramatic reduction in sprawl. Canyon Ranch has 40 prospective buyers for the units which include seventeen units that are either one or two bedroom units which measure from 1000 to 2000 square feet and also two penthouses. Mr. Cooper stated the project would have a 20-23 million dollar real estate value and have a $290,000.00 property tax impact for the town. He concluded that this project will not visually impact the abutters.
Attorney Heller said that there is a zoning issue for a significant part of the project which is a connector from the building to the resort. From his interpretation of the bylaw, this connector can be built. It would be outside of the boundary of the condominium and would be considered a zero lot line. Mr. Hoogs added there would be cross easements for the use of the property which he said is similar to Cranwell, which has a number of cross easements for everything.
Attorney Heller ended the presentation by extending an invitation to the Board to visit the site either as a group or individually. He asked that they set up an appointment with Mr. Cooper.
Continued Discussion-Sign Regulations: The Planning Board will have a meeting on January 14, 2013 for businesses on Rt. 7& 20 to discuss signage in the C3A and C1A zones. MS and KS said they would like to go to the businesses and present a flyer encouraging their participation. They will coordinate with MA.
Economic Development-Money has been put into the draft budget for a fiscal impact study. At some point the Planning Board should go to a Board of Selectmen’s meeting to promote.
Approve Minutes-November 26, 2013: MS made a motion to approve the minutes with two minor edits. SS seconded and the Board voted to approve 4-0-1. KS abstained as he was not present at that meeting.
Brushwood Nominee Trust Presentation-Philip Heller-
KMV advised that she is an officer of the Lenox Land Trust, and has been working on finalizing the Conservation Restriction on the Toole property at Pittsfield Road. She offered to recuse herself if there were objections. It was confirmed by both Attorney Heller and KMV that they have been in discussion regarding the CR, but they have not discussed this project. No one objected.
Making the presentation were: Attorney Philip Heller; Joe Toole; Juliet Locke a traffic engineer, from Vanasse Hangen Brustlin, Inc.; Rob Hoogs of Foresight Land Services and Rob Akroyd of Greylock Design Associates.
Attorney Heller told the Board that this petition would be presented to the ZBA on December 18th and stated the applicants are requesting a favorable consensus from the Planning Board.
Attorney Heller reviewed the application for a four story Marriott with 92 rooms and a small café bistro for the guests. He said that hotels are allowed in this zone by special permit. Access is via the existing driveway with the signal light at the intersection across from Lenox Commons. Zoning requires that a hotel of this size is to have 106 parking spaces and the proposal is for 107. They are requesting a modification in the bylaw regarding parking which allows only 20 percent of the parking to be in front. The petition is asking for 24 spaces in the front which is 22 percent. There will be a separate structure for a pump house which is for domestic water and fire suppression. There is a request for two four feet square directional signs for the entrance and exit. The bylaw
allows for 1.33 square feet, but the location of this signage is 350 off of the road, thereby necessitating the larger sign for visibility. Attorney Heller noted that there are five requests:
- Special permit for the hotel
- Special permit to increase 24 parking spaces
- Sign permit for directional signs
- Height waiver
- Site plan approval which shows the project complies with the bylaw
Attorney Heller referred to the Town of Lenox Master Plan of 1999 and said this is what the Town is looking for as it fits in with zoning and it is the opinion of the presenters that this is a perfect location.
Mr. Toole discussed the style and concept which he refers to as “clean and green”. There will be solar panels on the roof, LED lighting and occupancy sensors, all of which he says will result in a 30 percent power reduction. He said it will “couch” in the hillside and there will be a back drop of trees. It sets back 300 feet plus from the road. He has spoken to Tesla Motors for the possible location of a recharge station.
Mr. Akroyd discussed the landscape plan which includes significant planting beds. The parking lot and pump house will be screened from the highway and there will be limited views of the hotel. There are no plans to remove the plantings to the north, east and south.
Mr. Hoogs discussed the site which is 6.7 acres, two thirds of which will be open space. The building will be set back over 300 feet from highway and the parking lot will be over 190 feet from the highway. There are no wetlands on the site and the stormwater will be handled onsite. The hotel is a low impact design for smart growth. The setbacks meet or exceed requirements. There is a shared use driveway. When the highway was widened the state put in the light, turning lanes and stub road anticipating further development of the Brushwood 75 acre site. This stub road has been used as a turn around and that use will be retained. At this intersection there are bus stops and a pedestrian crossing lane. The sidewalk will be extended up to the hotel for employees who use public
transportation. The lighting will be LED, downward directed, and shielded. They have consulted with the DPW and they concur that the hotel use can easily be accommodated by the present water and sewer systems; the capacity and supply is sufficient. The DPW has concluded that though there is one manhole cover along New Lenox Road which has a shallow cover and it is possible there could be surcharging, but not necessarily from this project. Other than that, there is no concern and there would be minimal impact. Mr. Hoogs said that the Fire Chief has reviewed and has approved the plans. Mr. Hoogs also said the plan is not subject to the Scenic Mountain Act. At some points the building will be partially visible.
Mr. Toole was asked if this would be a Leeds Certified project, and he responded that the net benefit was not worth the enormous cost of Leeds Certification. Mr. Hoogs added that he has done a number of Leeds projects and although it is not a Leeds Certified project, it meets or exceeds the standards of Leeds.
At the onset of Ms. Locke’s presentation, KMV said she had looked at the study earlier and she was concerned about the collection period being only October 17th and 19th and found it hard to believe the claim there would be no deterioration of services at the intersection. She would like to see more interaction between the two sides of the road with crossing and pedestrian traffic.
Ms. Locke reviewed the traffic data collected and said she has had many discussions with DOT who have approved. This is an ideal site from a transportation perspective and there will be no new curb cuts. She said a unique characteristic of the intersection is that vehicles utilize the stub road driveway for turning around. Where there are medians, such as is at this point of the road, people often make “U” turns, but that does not happen with this layout. With or without development the “turn around” will continue. Hotels are not a major trip generator therefore there will not be a degradation of service. Crossing to another appealing area by bicyclists and pedestrians raised concerns. Ms. Locke responded that she has met with DOT and they didn’t have concerns. The traffic light has an exclusive pedestrian phase where all traffic stops for the pedestrian. They do expect an increase in pedestrian traffic, but see it as a positive.
Mr. Hoogs said that most of the Brushwood site is in a polygon. Natural Heritage has identified some plants, but this project would not require altering where the plants are located. Mr. Hoogs stated they have contacted MEPA and no review is required by that department.
KMV questioned the earlier comment regarding surcharging at manhole. Mr. Hoogs responded that the issue has been looked at by the DPW and Weston and Sampson and it not overflowing. The computer model says it could and the DPW will analyze to see if remediation is necessary.
Mr. Toole said that market studies have shown a need for branded, high quality units in the Berkshires and he believes the area is recognized as being under supported in the hospitality business. There has been considerable discussion about drawing a different demographic, a younger generation who aren’t currently staying in the area, and the Marriott is designed for that. Upon completion the combined amount of revenue for real estate and room occupancy is estimated at $400,000.00 annually. The DPW connection fee would bring in an additional $400,000.00. Mr. Toole said that they are offering to grant a water easement to the town of about 50,000 square feet which goes almost around the perimeter of the property.
MS stated he was concerned primarily with the height of the building, but also commented the front of the building was monolithic and the towers on the side seem overwrought.
Mr. Toole responded that as one travels in either direction on the highway, the building would be visible only briefly.
GS also had concerns about the height and asked about other choices such as a two story. Mr. Toole said that Marriott does not have a two story prototype, but there is a three story but with a pitched roof. GS suggested that Mr. Toole demonstrate clearly to the Zoning Board how this building would appear on the site. Mass and siting is primarily his concern.
KMV stated that while Mr. Toole’s customers want the Marriott, the town of Lenox wants something that fits in Lenox.
Mr. Hoogs pointed out the other buildings in the proximity to this site are very eclectic and not of one Lenox style.
Al Bravo asked about the cell tower at the Lenox Fitness Center and using it to compare to the height of the proposed hotel. Mr. Hoogs responded that the tower is about 100 feet higher than the roof of building of the hotel.
Attorney Bill Martin of Martin, Oliveira and Hamel spoke on behalf of his client, Vijay Mahida, who in 2005 proposed a Marriott at Housatonic Street which subsequently was denied. Mr. Martin said Mr. Mahida began with a Marriott Courtyard stock design and over the course of four planning board meetings to review his project the design was changed to be more in character with Lenox. The process was rigorous and he and his client feel that to be fair the Board should follow the same kind
of process for Mr. Toole
Bob Coakley and Dave Ward spoke in support of the project.
All were thanked for their presentation and the Board entered a deliberative phase regarding submitting a letter to the ZBA and a timetable for doing so. It was agreed that there would not be a motion, but instead a consensus of what the letter should include. Concerns were voiced regarding massing and the height of the building at 48.6 feet. SS said he believes the restriction of 35 feet was because at the time the fire department was limited, but now they have a ladder to go to 75 feet. MA noted that Fire Chief Clifford has submitted a letter signing off on this project from a technical point of view. Pedestrian traffic at the traffic light was a concern as well, and it was agreed to indicate that in the letter. KMV wanted more than the October data which was provided, preferring it to be year
around, and more discussion on how this use will work with pedestrians and bikes. KS agreed. It was the consensus of the committee that this needs to be addressed. MA will write the letter. KMV told Attorney Heller that there would be a letter sent to the ZBA with some form of recommendation.
There were three letters addressed to the Planning Board. One was from Fire Chief Dan Clifford who said he has reviewed the proposal for this project and thus far has no objections. The other two letters, one from Joshua Needleman of Chocolate Springs, Inc. and the other from the Berkshires Visitors Bureau, support the project.
Respectfully submitted,
Peggy Ammendola
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