Zoning Board of Appeals
Minutes
March 3, 2010
Land Use Meeting Room
Members present: Acting Chair Ethan Berg, EB; Robert Fuster, RF; Jo Anne Magee, JAM; Sue Lyman, SL
Members absent with notification: Cliff Snyder, Ned Douglas, Shawn Leary Considine, Pam Kueber
Also present were: Town Planner, Mary Albertson, MA, and Peggy Ammendola, PA, Land Use Clerk
Prior to the public hearings tonight, an executive session with regard to the Buccaneer litigation was held. In attendance were: EB, RF, and JAM of the Board, MA and PA of the staff and Town Counsel Jeremia Pollard.
EB announced to those present that there are only four of the five Board members present for tonight’s meeting, but that if the applicants wished to present their application to the four members and have a fifth member listen to the audio session at a later date, the decision would not be made until the five members could meet again. The other option would be that the decision could be made tonight, but that all four sitting Board members would have to vote in favor to grant the petition.
Emily Rechnitz and John Paladino, 33 Hillside Drive (Map 44, Parcel 69) Special Permit under Section 3.3.3 to allow the alteration and expansion of an existing non-conforming structure by removing a portion of the roof and building a deck in its place. The application was withdrawn by the petitioners via letter dated Feb. 2, 2010. RF made a motion that the petitioners be allowed to withdraw their petition without prejudice. JAM seconded the motion and the Board agreed by a vote of 4-0.
Callahan Sign Company, LLC, 4 Foxhollow Drive (Map 1, Parcel 4). The Variance from Section 5.2.5 – Signs in Residential Districts. Replace an existing sign of 10.5 square feet with a 14.25 square foot sign. Continued from January 20, 2010. This application was never presented by the applicant. This property borders not only Lenox, but the Towns of Lee and Stockbridge and the applicants did not comply with requests to provide abutters’ lists for Lee and Stockbridge and failed to respond to correspondence asking them to do so. RF made a motion to deny the petition and JAM seconded the motion. The Board voted 4-0 to deny the petition.
Jonathan Molk and Christine Bellino, 86 East Dugway Road (Map 17, Parcel 49). Special Permit under Zoning Bylaw Sections 3.3.5 and 3.3.7 to demolish an existing single family residential structure and the associated accessory attached deck and detached garage, and reconstruct a new single family residential structure.
Presenting this application was Mike Kulig of Berkshire Engineering and Jonathan Molk.
Mr. Kulig presented a site plan but asked for the freedom to have two choices of placement of footprint as the applicant was undecided. This placement would merely involve pivoting the location by 90 degrees so that the entrance would face east, not north. This repositioning would only effect the orientation, not the set backs. The new structure would conform to the side and front setbacks, where the existing home is located on the property line. The lot is just under an acre and the frontage is just under what is required. The septic system has been designed and the existing well will be replaced.
A letter of support from abutters Michael and Shawn Leary Considine was read into the record. There were no abutters in attendance.
The applicant made the decision to proceed with only four members present.
RF made a motion to close the public hearing and SL seconded the motion. The Board voted to agree 4-0.
RF made a motion to approve the application with either orientation provided that the setbacks would be met, stating that this property would be less non-conforming than the existing structure. SL seconded the motion and the Board voted to agree 4-0.
RF will write the decision
Allen & Major Associates, Inc., at 489 Pittsfield Road (Map 33, Parcel 4). Site Plan Approval under section 9.5, Special Permits under Section 6.12 and 5.2 and Variances from Sections 4.1.1 and 5.1 to address pre-existing zoning deficiencies. Proposals are to demolish the existing bank building for the construction of a stand-alone retail pharmacy; add a separate 50,000 square foot retail building and a 3,000 square foot bank to be constructed on the northern side of the existing parking lot; add 20,000 square foot retail building to be constructed adjacent to the existing 60,420 square foot retail building. The applicants requested in writing that this meeting date be moved to April 7, 2010.
EB made a motion to continue the opening of the public hearing to April 7, 2010 at
7:30 pm. RF seconded the motion and the Board voted to agree 4-0.
The meeting was adjourned at 8:15 pm.
Respectfully submitted,
Peggy Ammendola
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