Zoning Board of Appeals
Minutes
April 7, 2010
Land Use Meeting Room
Members present: Chair Pam Kueber, PK; Ethan Berg, EB; Cliff Snyder, CS; Ned Douglas, ND; Shawn Leary Considine, SLC
Also present were: Town Planner, Mary Albertson, MA, and Peggy Ammendola, PA, Land Use Clerk (MA was not present for the Graphic Impact Signs hearing, but participated in the rest of the meeting, starting with the Lenox Valley Waste Transfer Facility discussion.)
Graphic Impact Signs, Inc., Legacy Banks, 25 Main Street (Map 43, Parcel 20). Variance from Section 5.2.6 to erect one additional 24”x 24” free standing double sided sign.
John Renzi of Graphic Impact and David Hicks of Legacy Banks presented the application. Three members of the Board disclosed that they are customers of Legacy, but felt that they could be impartial. The proponents had no objections.
There were no residents present nor was any correspondence received.
Mr. Renzi stated that the purpose for the additional signage is to alleviate the traffic congestion in the area of the ATM and Drive-Up Teller and to make it clear to the public to go through the proper entrance to access public parking. Legacy is seeking relief as they feel there is a safety issue. The consensus of the Board was that this petition should be a request for a modification of a Special Permit previously granted.
Discussion ensued regarding existing signage at this location. Mr. Renzi stated that the petitioners are asking for less signage for the multiple businesses that are located here than is allowed by the Zoning Bylaw.
SLC made a motion to grant the request for an amendment to the existing Special Permit to allow Legacy Banks to erect an additional free standing sign. EB seconded the motion. The Commission voted to agree 5-0.
It was agreed that the size of the sign requested would not exceed the stated size of 24” by 24” and that the height of the sign posts would not exceed four feet. The approval would be contingent upon the approval of the Historic District Commission.
Lenox Valley Waste Transfer Facility-Discuss request for permission to raise the height of walls being constructed on the building at 64 Willow Creek Road. Map 9 Parcels 7 & 8, Decision filed July 20, 2009.
Present were Attorney Don Hunter and Tom Garrity, President of Lenox Valley Waste Transfer. Mr. Hunter stated that this request is due to the fact that the trusses are taking up interior working space and that a modification of permits granted by the Zoning Board of Appeals can be made provided the modification is not substantive and if done within seven years. The permits were granted in July 2009. The additional height requested would make for safer and more practical usage.
PK made a motion to modify the Decision of July 9 2009 to allow for up to an additional 5 feet of height to said building to a max of 40 feet on the rear elevation and 35’ 3” on the remaining three sides as this is not a substantive change considering the overall site design and variances granted in Decision of July 2009 pending the approval of the Fire Chief. CS seconded the motion. The Board voted to agree 5-0.
Mr. Garrity will get a letter from the Fire Chief and PK will write a letter.
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. Applicant requested the opening of the hearing on March 3, 2010 to be delayed to April 7, 2010. Supplemental information was provided, therefore a Public Hearing notice was written.
To allow time for the notice to be advertised and for abutters to be notified, this hearing has been rescheduled for May 5, 2010 at 7:30 pm.
SLC made a motion to permit the hearing to be scheduled for May 5, 2010 and PK seconded the motion. The Board voted to agree 5-0.
Other business:
Haven, 8 Franklin St., Map 43 Parcel 171: It was noted that Haven is not in compliance with their outdoor dining. PK has spoken to the Assistant Building Inspector who will write a letter to Haven.
Respectfully submitted,
Peggy Ammendola
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