Zoning Board of Appeals
Minutes
August 5, 2009
Landuse Meeting Room
Members present: Chair Pam Kueber, PK; (CS); Ethan Berg, (EB); Robert Fuster, RF; Shawn Leary Considine, (SLC); and Ned Douglas, ND
Staff present: Land Use Clerk Peggy Ammendola, (PA)
Thomas E. and Susan G. Werman, Trustees, 169 Under Mountain Road (Map 11, Parcels 11-1, 9-1 and 9-2.) (Stonover Farm B&B)Variance Section 3.1.C.2 to use a portion of barn for social events or receptions.
Presenting the petition were the following:
Attorney Philip Heller
Pam Sandler, architect
Marc Levasseur of Foresight Land Services
Tom and Suky Werman
There were no abutters or other residents present.
Mr. Heller stated that the Werman’s operate a Bed and Breakfast with 5 bedrooms. There are three bedrooms in the main house, one is in the cottage and one is in the schoolhouse. The Werman’s live in the main house. Mr. Heller made a presentation of the acreage, frontage and density and said that the Werman’s are requesting permission to have up to seven social indoor events from May through October for up to 200 guests from 6:00 pm to midnight in the historic 1890 barn. He said that the only use allowed in this zone is agricultural, a use that not practical in this setting. He cited case law, Alton Johnson versus Board of Appeals of Wareham MA (1972) to support his argument that a variance is warranted. The barn can’t be used for any other purpose
thus it is a hardship that is related to the building and financial hardship to the owners. Mr. Heller told the Board that this proposed use is a benefit to the Town’s hospitality industry as guests will stay at local inns, and utilize the purveyors of food and drink
Mr. Levasseur presented the site plan for the parking that would be in the vacant lot across the street. For the events there will be parking attendants. For this use, 67 parking spaces are required, but 80 will be provided. Lighting will be provided for safety during the events. Traffic will not be a conflict with the existing Tanglewood traffic, and there will be no impact on the Town water or sewer as bottled water and portable toilets will be available.
Ms. Sandler reviewed the barn structure and floor plan with the Board and said that because it is an archaic structure, the use can be converted without framing it up to full code. She referred to Chapter 34 of the Massachusetts Building Code which permits repair, alteration, addition, and or change of use without requiring full compliance with the code for new construction. Only the central upstairs area of the barn will be used. Fire rating will be installed which will help to reduce the sound impact to the surrounding area. The isolation of the barn
and the central interior location within the barn also reduces the sound impact.
Tom Werman spoke to the Board about their financial investment in the property and said he and his wife want to create a source of revenue to preserve and maintain the barn. He pointed out the financial gain for the community in rentals and catering as a result this use.
ND questioned the existence of a gallery that is currently on the premises even though their request to do so was denied by the ZBA. Mrs. Werman responded that this is a private gallery by appointment only and for not-for-profit events. Mr. Werman said that this is no different than having paintings on the wall in the B & B and that this was not opened to the public. He further stated that there is not enough room in the house to display the art; therefore it is in the gallery. There is no advertising.
PK stated that the Board is sensitive when their decision is not adhered to and that retail sales are prohibited in B & B’s.
Mr. Heller responded that the petition before the Board could stand on its own, and that if there is a violation, it should be referred to the Building Inspector for enforcement.
ND suggested because he had concerns about granting a variance, perhaps the petition should be withdrawn without prejudice or that he should recuse himself.
Discussion ensued regarding suggestions for conditions and or review if the petition is granted. At Attorney Heller’s request, a five minute recess to confer with the Wermans was granted.
When the hearing reconvened, the following letters were read into the record:
Planning Board
Richard and Ingrid Taylor
Kevin and Kristine Sprague
Seth and Mary Nash
Janet Pumphrey
Albert Harper
The Planning Board recommended by a vote of 3-1 that the petitioner’s request be granted. All of the other letters from abutters gave strong support to this petition.
ND stated that he could set aside the previous issue with regard to the gallery in voting on the petitioner’s request, but that he would want conditions if the petition is approved.
SLC made a motion to close the public hearing and RF seconded. The Board voted 5-0 in favor.
SLC made a motion to grant the petition for a variance from Section 3.1.C.2 to allow social events and receptions at the barn on their property. EB seconded the motion.
Discussion ensued regarding conditions. The Board felt that there was no need to condition what was requested in the variance request i.e., “Seven social events from May through October, limited to 200 persons per event between the hours of 6:00 pm. to 12:00a.m.”, but that there should be a review for compliance of the decision and impacts reiterating what is in the presentation.
The Board voted 5-0 to grant the variance.
The following conditions were approved:
SLC made a motion to review this decision by the Board and the petitioners on Nov 3, 2010 or another date as mutually agreed. ND seconded the motion. The Board voted to approve 5-0
SLC made a motion that the board impose a condition requiring the petitioners to notify the Building Inspector in advance in writing (email will suffice) of each event to which this decision applies. ND seconded the motion. The Board voted 5-0 to approve.
RF suggested that relative to “seven commercial events, 200 people, etc.”, that this detail should be a part of the conditions as it is not a part of the application, but was a part of the discussion.
SLC made a motion that the petitioners hold no more than seven commercial events, tented or otherwise, under the terms of this decision. RF seconded the motion and the Board voted 5-0 to approve.
CR Resorts, LLC, 165 Kemble Street, (Map 7, Parcel 43) extension of the modified Special Permit and approved site plan, elevations and Municipal Impact Report granted to CR Resorts, LLC on August 6, 2007.
Presenting the petition was Attorney Phil Heller and Reggie Cooper of CR Resorts, General Manager.
Mr. Heller told the Board that the ZBA approved the Special Permit and site plan two years ago. Since then all construction plans have been completed but because of the down-turn in the economy the petitioner has been unable to close on sales contracts. The petitioners are asking that the permits be extended for two years as they expect the economy will rebound.
George Haus and Don Roy, abutters to Canyon Ranch, were present to support the petitioner’s request.
ND moved to close the public hearing and SLC seconded the motion. The Board voted 5-0 in favor.
SLC made a motion to grant the petition and ND seconded the motion. The Board voted 5-0 in favor.
RF will write the decision.
Reorganization-Board agreed that this will be continued to a future meeting.
Respectfully submitted,
Peggy Ammendola
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