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Zoning Board of Appeals
Minutes
January 5, 2011
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Cliff Snyder, (CS); Robert Fuster, (RF); Shawn Leary Considine, (SLC) and Ned Douglas, (ND)
Staff present: Town Planner Mary Albertson (MA) and Land Use Clerk Peggy Ammendola, (PA)
CR Resorts, LLC for premises located at Canyon Ranch, 165 Kemble Street. Map 7 Parcel 43-(1) A two year extension from January 28, 2011 for the right to construct ten condominium units and the sequenced development of the eight apartment/resort suites in the proposed Guest Room Addition building of the resort; and (2) A two year extension from August 6, 2011 of the Modification of Special Permits approving the site plan, elevations, Updated Municipal Impact Report and relocation of two of the ten condominium units.
Making the presentation was Attorney Phil Heller who explained to the Board that on August 5, 2010 Governor Patrick signed into law an "Act Relative to Economic Development and Reorganization" which became effective immediately. Included in this law is the Permit Extension Act, a two year permitting extension provision for existing permits issued within the last two years, allowing developers to continue to move forward with development projects when the market supports their construction. Both permits for which Mr. Heller is seeking extensions for good cause i.e., the economy, were last granted within the two years stipulated in the Permit Extension Act, therefore are automatically extended, but Mr. Heller requested that the ZBA Chair sign a Notice of Extension Eligibility that will be
notarized and recorded at the Registry of Deeds as well as with the Town Clerk so that there will be a document on file.
RF made a motion to recommend that the Chair execute the notice as requested by Mr. Heller and ND seconded the motion. The Board voted to agree 5-0.
EB signed the Notice of Extension Eligibility, Mr. Heller notarized EB’s signature, and Mr. Heller will file this document with the Town Clerk and Registry of Deeds.
Other Business: MA told the Board that Bill Thornton, the Building Inspector, is looking for guidance regarding an application for a new and larger sign at Marshall’s, the site of the new Price Chopper. The Board reviewed the Decision filed June 24, 2010 for MEC Lenox Associates L.P, Map 33 Lot 4, 489 Pittsfield Rd. and discussion ensued. MA will speak to the developer and get a visual for the proposed signage, the existing Marshall’s sign and the sign proposed for the new Price Chopper.
Respectfully submitted,
Peggy Ammendola
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