Zoning Board of Appeals
Minutes
September 21, 2011
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Robert Fuster Sr., (RF); Robert Fuster Jr., RFjr; Ned Douglas, ND
Absent with notification: Shawn Leary Considine, SLC; Cliff Snyder, (CS)
Staff Present: Mary Albertson, Town Planner; Peggy Ammendola, Landuse Clerk
The applicants on the agenda for tonight’s meeting were advised that there were only four members of the five member Board to hear their applications; therefore all four members would have to approve. The petitioners were given the following options:
- Proceed with the petition
- Withdraw without prejudice until a fifth member would be available
- Present the application but delay the decision phase until a fifth member is able to listen to the audio
Jane Salata and Richard Hayes, 16 Post Road (Map 45, Parcel 23) Special Permit, Section 3.1.H.9 – Use Regulations to allow an office for a private counseling office. The office will be located in a shed currently located on the property.
Ms. Salata asked to proceed with the petition.
Presenting the application was Jane Salata. Ms. Salata presented photos of the shed that she proposes to use for therapy sessions. She is a clinical social worker who offers general counseling for anxiety, bereavement etc. At present she has business hours for 1.5 days a week, and does not foresee her practice increasing to more than 3 days a week. She has operated out of her home for several years and admitted that she did not have a special permit for that use as she was unaware of the necessity until she started working with the Building Inspector relative to the shed.
Debbie Burke on Hubbard St. and Katie McNulty Vaughan of Post Road, abutters to Ms. Salata, were present and both supported the petition. Ms. Burke provided a letter of support from Ron and Verna Estes of 29 Post Road that was read into the record.
Ms. Salata made the decision to proceed to the decision phase with the four members of the Board.
RF made a motion to approve the petition as presented and ND seconded the motion. The Board voted to approve 4-0.
ND will be writing the decision. ~
Allen & Major Associates, Inc., 489 Pittsfield Road (Map 33, Parcel 4). Amend the previously approved site plan for expansion of The Center at Lenox Site Plan Approval Section 9.5 and amendments to previously granted Special Permits under Sections 5.1.7, 6.4, and 9.4.
The proponents of the petition chose to proceed with four members of the Board.
The presentation team included Jeff Curley, Project Manager of WS Developments; Tim Williams, an engineer with Allen and Majors Associates; Peter Corbett, attorney with Goulston and Storrs; and Steve Olsen, an architect with Richard Bowen Associates who represents Kohl’s who it is anticipated to be a tenant in this development.
Mr. Williams presented a site plan which denoted the minor modifications proposed and he described in detail those changes. Kohl’s Department store is being proposed for the area north of the existing Marshall’s. A new wall will replace the north side of Marshall’s and a new building of about 55822 sf is proposed for Kohl’s. The building on the south side of the property which housed the former Price Chopper, CVS and Hallmark stores will be demolished and a new building constructed. Overall the project is 6500 sf less than the original plan.
Once the Price Chopper was opened, there was concern that there was not enough handicapped parking, so they will be adding four more spaces at end of existing handicapped parking and add a fire lane out front.
Steve Olsen reviewed the architecture and landscaping of the Kohl’s. He stated that Kohl’s is becoming a leader in the country for LEED Certification (Leadership in Energy and Environmental Design) which confirms that both human and environmental health issues have been addressed in the design and construction. This building would be at the Silver level.
The Planning Board submitted a favorable letter dated September 14, 2011 that was read into the record.
Joseph Scelsi, Manager of Berkshire Mall, inquired about the amount of available space for leasing.
Nareshkumar Patel, who operates the Wagon Wheel Motel, was in attendance, and voiced general support.
Louise Meaney of Holmeswood Terrace, a residential street on the other side of Pittsfield Rd. which has no thru access to Pittsfield Rd., expressed her concern for construction noise and projected lighting. She suggested a permanent shield or sound barrier at the end of her street. The Board pointed out that this plan is smaller than previously approved, that a shopping center could not be shielded from view and that they did not have the authority to require the developers to provide a shield or sound barrier. Mr. Curley said that they do not anticipate blasting at this phase of the project, but he said that he would be happy to discuss with her any concerns she may have.
The Petitioners made the decision to proceed to the decision phase with the four members of the Board.
RF made a motion to grant the Petitioner’s request to amend and modify the Special Permits and Site Plan as presented, to demolish the building north of Marshall’s and the building formerly occupied by Price Chopper, CVS and Hallmark, and to rebuild new buildings. RFjr seconded the motion and the Board voted to approve 4-0.
RF will be writing the decision.
Respectfully submitted,
Peggy Ammendola
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