Zoning Board of Appeals
Minutes
May 5, 2010
Land Use Meeting Room
Members present: Chair Pam Kueber, PK; Robert Fuster, RF; Jo Anne Magee, JM; Ned Douglas, ND; Shawn Leary Considine, SLC; Cliff Snyder, CS
Sitting for the first two hearings were:
Chair Pam Kueber
Robert Fuster
Jo Anne Magee
Ned Douglas
Shawn Leary Considine
Sitting for Allen & Majors Associates, Inc. were:
Chair Pam Kueber
Cliff Snyder
Ned Douglas
Shawn Leary Considine
Robert Fuster
Also present were: Town Planner, Mary Albertson, MA, and Peggy Ammendola, PA, Land Use Clerk
Spiro Grigoropoulos, 9 Franklin Street (Map 43, Parcel 81) Special Permit under Section 6.3 - Outdoor Dining to allow seasonal outdoor dining as an accessory use to an eating establishment.
Making the presentation was Mr. Grigoropoulos whose family owns the property but rents it out to another restaurant owner. He would like to have 4 tables and 16 chairs for the outdoor dining. Because the square footage was not calculated, and out of respect for the other applicants, PK suggested that this hearing be continued to 6:45 pm on May 19, 2010 to allow time for Mr. Grigoropoulos time to calculate the square footage.
PK advised the applicant to read and become familiar with Section 6.3.3 of the Zoning Bylaw and to provide to the Board the exact square footage for both areas on either side of the entrance. She told Mr. Grigoropoulos that for each seat, 15 square feet of area is required and that the dining area has to be 5 feet from the sidewalk and 10 feet from the street. PK suggested that the Board members look at this space before the next meeting.
SLC requested that the applicant provide the square footage of the bricked in part that is five feet away from the sidewalk and she suggested that it is possible that this may require a Variance, rather than a Special Permit.
Ken Fowler, who is a member of the Planning Board, explained to the Board that with the improvements currently being done in the Historic District, the sidewalks will be right up to the front of the building, which means that no one would be able to comply with the Bylaw as it is written with reference to outdoor dining. MA advised that this change has been discussed by the Planning Board and that they are looking forward to possibly being prepared to bring revised special permit requirements to a Special Town Meeting in the fall.
RF suggested that if a Special Permit is approved at this location, there could be a condition to review next year.
RF will be writing the decision.
This hearing was continued to May 19, 2010 at 6:45 pm.
Tracy Delsignore, 2 Lasher Ln. (Map 38, Parcel 64), Special Permit under 7.2.2 of the Zoning Bylaw to convert basement into an accessory dwelling unit.
Presenting the application was Ms. Delsignore and Fred McAteer, her contractor. Ms. Delsignore has a partially completed basement that she wishes to convert to an ADU for the purposes of having a home for her mother.
The existing home has 1644 square feet of livable space and the ADU has 420 square feet. The maximum size of an ADU allowed at this home would be approximately 650 square feet.
SLK made a motion to close the public hearing and RF seconded the motion. The Board voted to approve 5-0.
SLC made a motion to grant the Special Permit for the ADU as requested and RF seconded the motion. The Board voted to approve 5-0.
PK made a motion that a condition of the approval is that Ms. Delsignore will provide an affidavit stating that she will be the principle resident. The affidavit will be added to the file. RF seconded the motion and the Board voted to approve 5-0.
PK will write the decision.
Allen & Major Associates, Inc., concerning property located at 489 Pittsfield Road (Map 33, Parcel 4) known as “Lenox Center”. ~Requesting permission to demolish the approximately 956 square foot existing bank building located on the eastern end of the existing property and replace it with a 13,225 square foot stand-alone retail pharmacy. ~The pharmacy will include a drive-through, loading area, associated drives and parking. ~The Petitioner also seeks to add a new separate building consisting of a 50,000 square foot retail space and 3,000 square foot bank (with drive-through) to be constructed on the northern side of the existing parking lot in an area that is currently undeveloped. ~A 20,000 square foot addition (for retail use) is proposed to be added to the northern end of the existing retail
building. ~Construction of these improvements will include loading areas, associated drives and parking, and utilities. ~The project requires Site Plan Approval under Section 9.5, and Special Permits under Sections 5.1.7, 6.4, 6.12 and 9.4; and approval of signage under Section 5.2.4(3). SLC will write the decision.
Applicant requested the opening of the hearing on March 3, 2010 to be delayed to April 7, 2010. Supplemental information from applicant was received and it was determined that a new public hearing notice should be filed. The new filing was dated April 13, 2010. To allow time for the notice to be advertised and for abutters to be notified, this hearing was rescheduled for tonight’s meeting.
The following three letters were submitted to the Board for this hearing:
1) Attorney William Barry who represents abutter, Naresh Patel of Wagon Wheel Motel, dated February 23, 2010.
2) Dan Clifford, Fire Chief, dated April 29, 2010
3) Director of Public Works, Jeff Vincent, dated April 28, 2010
In attendance were representatives of Yankee Candle Bill Swasey and Judy Kundl and Joe Scelsi, of Berkshire Mall.
Presenting the application were the following:
1) Jeff Curley, a Project Manager with SR Weiner and Associates. SR Weiner and Associates manages, operates and leases the Center at Lenox for MEC Lenox Assoc Ltd Partnership, the owners and applicants.
2) Bob Frazier, Vice President of Development with SR Weiner and WS Development
3) Tim Williams, the lead Civil Consultant and Professional Engineer of Allen and Majors
4) Ron Mueller, professional traffic engineer who did the traffic studies
5) Peter Corbett, an attorney with Ghoulston and Stores
5) Steve Duffy, Vice President of Architectural Design for Price Chopper
6) Tom Hayden, Director of Real Estate for Price Chopper,
Mr. Curley presented an aerial view and a brief history of the shopping center. He stated that in 1972 or 1973, a commercial development was built that was permitted for a Planned Unit Development. The property consists of 36 acres and abuts Pittsfield. Friendly’s restaurant will remain on the site, Price Chopper and Berkshire Bank will occupy new buildings to the north, and CVS will move into a new building at the site of the Lenox National Bank branch. Both CVS and Berkshire Bank will have drive-thru features. The design will be a New England vernacular with clapboard, stone and brick siding. There will be expansion to the building in the rear, west side of the center. The existing center consists of 106,000 square feet, and the proposed expansion of 85,000 feet will bring
the total square footage of the center to approximately 190,000 square feet.
Improvements to the existing stormwater systems will be made which will then meet the current requirements. A Notice of Intent has been filed with the Lenox Conservation Commission and the applicants are close to concluding the process of securing the Order of Conditions.
Mr. Curley said that Price Chopper plans to go though the Leeds Certification process which is the recognized standard for measuring building sustainability and that money will be set aside for tenants to make retrofits for energy savings for their spaces. New, more energy efficient lighting with timers is proposed. Within the center an expanded pedestrian network has been designed and a bus stop will be brought into the site in addition to the existing one that is outside of the center on Pittsfield Rd. This project will increase tax revenue and bring in
more jobs.
A Special Permit is being requested for a pylon sign that is being proposed that would be 25 ft tall and have 150 sf of signage area.
Tim Williams reviewed additional improvements to the site which includes segregating the truck traffic from vehicle traffic, additional striping and landscaping. This project will be creating an additional 4 acres of impervious surface with all the work limited to the western side of the site.
The applicants are proposing to refurbish the existing structure that is the location of Price Chopper and CVS.
There are presently 683 parking places where only 370 are required. With the expansion there will be 3 more parking places than the 763 that are required.
Each building will have their own trash disposal, compactors, with appropriate screening.
CS expressed his concern about the ability of the applicants to be able to fill the tenant spaces, citing other locations along Pittsfield Road in which there are empty spaces. Mr. Williams and Mr. Frasier both acknowledged that the economic climate has been sluggish, but feel that it is improving. While they cannot promise that all spaces will be rented, they do expect that this project of state of the art buildings that are environmentally sound with prominent retailers such as Price Chopper and CVS will draw tenants. Demographically this center will be attracting tourists and Pittsfield residents. They wish to give the tenants the tools to be successful and stated that signage is very important. ND said that he too is concerned about empty spaces, but he is also concerned about the size of the
signage.
Public Comments:
- Mr. Patel of the Wagon Wheel Motel asked if CVS would be open 24 hours. He referred also to a letter that his attorney has previously written. He is concerned about noise. PK acknowledged that the letter is in file, and will be read into the record.
- Joe Scelsi representing Berkshire Mall asked how much vacant square footage would there be under the proposed project. Mr. Williams stated there would be 62,000 square feet.
- Bill Swasi of Yankee Candle stated that he has been working satisfactorily with the representatives of the applicants. He did express concern that his signage not be blocked to traffic and suggested that they be pedestrian access from Yankee Candle to the Center.
Mr. Williams responded to the pedestrian access suggested between Yankee Candle and the shopping center. He will work with Yankee Candle on style of wall that is a retaining wall, but he is concerned that if they provide a stairway it will trigger ADA requirements. Mr. Williams will review the ADA regulations. SLC would like the applicants to look further into this, as foot traffic should be encouraged whenever it is possible.
MA said that she has been participating in meetings with BRPC regarding a corridor study and some possible connection between sites has been suggested. She commented that the town is trying to become a Green Community and therefore is happy that PC is pursuing Leeds Certification.
SLC made a motion to continue the hearing to June 2, 2010 at 7:00 pm and ND seconded the motion. The Board voted to approve 5-0.
Respectfully submitted,
Peggy Ammendola
Approved via email on May 26, 2010 by Pam Kueber, Chairman
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