Zoning Board of Appeals
Minutes
March 14, 2011
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Cliff Snyder, (CS); Robert Fuster, (RF); Ned Douglas, (ND); and Pam Kueber (PK)
Staff present: Town Planner Mary Albertson (MA) and Land Use Clerk Peggy Ammendola, (PA)
Others present: Attorney Lori Robbins who represents Amy Zuckerman, a direct abutter to the The Frederick, formerly known as The Kemble Inn (f/k/a Bassett Hall).
The Frederick, LLC, 2 Kemble Street (Map 7, Parcel 22-3). Variance from Sections 7.2 and 3.1.H.12; amend the variances granted May 28. 1993; and Special Permit under Section 6.10.13. Requesting permission to allow use of the Kemble Inn as a Great Estate Inn with indoor and outdoor events; to add parking, revise lighting, remove permitted apartments, remove retail use, add restrooms, add laundry, relocate service bar and kitchen, and revise use of 30-seat restaurant and breakfast room; to turn existing sign from perpendicular to parallel to the Inn; and to construct a Carriage House as an accessory dwelling unit for Innkeeper use. Continued from February 16, 2011.
EB disclosed that he owns a property that is identified as a Great Estate and stated that he felt that he could rule fairly on the application. No one objected to his participation.
Presenting the application were the following: Attorney Jeff Lynch; Rob Akroyd of Greylock Design Associates; Architect Jim Harwood; and Scott Shortt, the owner of the Frederick.
Since last meeting the Board has received the following:
a) Memo dated March 4, 2011 from Town Counsel Frederica McCarthy
b) Memo dated March 14, 2011 from Planning Board from their meeting of March 8, 2011 at which they reviewed this petition
Both memos were made available to the Board members and discussion followed.
Making the presentation was Rob Akroyd of Greylock Design Associates; Attorney Jeff Lynch; and Architect Jim Harwood who represents Scott Shortt, the owner of The Frederick; and Mr. Shortt.
Mr. Lynch stated the following:
1. The applicant is looking to be acknowledged as a Great Estate Inn under Section 6.10.13 of the Zoning Bylaw by virtue of the fact that the Kemble Inn is listed as a Category #1 Building.
2. Mr. Lynch has met with Bill Thornton, the Building Commissioner, who has advised that a permit is necessary for amplified music for events of less than 175 people therefore his client is requesting a Special Permit. CS suggested that if the Board agrees to amplified music, the decision should be conditioned and reviewed.
3. The applicant wishes to modify the existing variance granted in 1993 that permitted 40 parking spaces. There would be a total of 25 parking spaces, seven of which would be transient parking in front of the inn. Guests would be would have assigned parking in the rear lot.
4. There is an existing sign on a post in front of the inn that is perpendicular to the inn. The applicant is requesting to have the sign placed parallel to the inn either on posts or a wall. The sign size will not change. Plans call for a stone wall that will screen the headlights of the transient parking in the front of the building.
5. The applicant is requesting a use variance to construct a second dwelling that would be the residence of the inn keeper. Presently the inn keeper lives within the inn. In order to add both a handicap accessible bathroom for guests other than overnight guests and a breakfast area that innkeeper’s unit would have to be sacrificed. These additions, according to the applicant, would add to the economic viability of the inn allowing for public use.
Attorney Lori Robbins, representing Amy Zuckerman, an immediate abutter, stated Ms. Zuckerman is concerned about number of outdoor events, the number of events with amplified music and how late there would be amplified music. Ms. Robbins would like a restriction on these events as well as the noise level. Ms. Zuckerman is concerned about the inn being considered a Great Estate Inn, and as such having by right uses.
Ventfort Hall is working out arrangements with Mr. Shortt for overflow parking and Mr. Shortt wants to have a shuttle to the inn whenever there is need for overflow parking.
George Jordan, a Lenox resident, supports the expansion of the Kemble Inn but is opposed to having amplified music. He argued the point that a use variance could be given, but was informed by RF that a use variance is specifically allowed as per the Lenox Zoning Bylaw and he cited MGL Chapter 40A Section 10. Mr. Jordan also argued that Ventfort Hall parking should not be used for events held elsewhere.
CS made a motion to close the public hearing and RF seconded the motion. The Board voted to agree 5-0.
CS made a motion to view each aspect of the petition as submitted and evaluate each category individually. RF seconded and the Board voted to agree 5-0.
RF stated that based on the applicant’s presentation, the advice of Town Counsel and the Board’s reading of the Lenox Zoning Bylaw, he would make a motion that the Board deem the applicant’s first request to determine whether the Frederick, formerly known as the Kemble Inn, is a Category #1 Building under the Great Estate Preservation Bylaw and has the privileges of a Great Estate Inn under Section 6.10.13 of the zoning bylaw. PK seconded the motion and the Board voted to agree 5-0.
EB made a motion to approve a Special Permit pursuant to Section 6.10.13 to have events for amplified music until 11 pm on weekends, which consists of Friday, Saturday and Sunday, and up until 10:30 pm on the other days of the week with the Board reviewing the impact to neighbors November 2, 2011 and a second review in November 2012 and future years to be determined in 2012. CS seconded the motion. The Board voted to agree 5-0.
RF made a motion that as a condition to having events that exceed current parking requirements the applicants must provide offsite parking at suitable locations excluding on street parking and compliance of this condition be reviewed November 2, 2011 and the following year and continued to be reviewed for as long as the Board chooses. PK seconded the motion and the Board voted to agree 5-0.
ND made a motion to amend the existing variance relative to the change the orientation of the sign to be parallel to Kemble St. PK seconded the motion and the Board voted to agree 5-0.
ND made the motion to amend the existing variance relative to parking specifically allowing the parking plan depicted on the site plan with the flexibility to have 12 months to comply with the court yard screening after the parking is completed. PK seconded the motion and the Board voted to agree 5-0.
ND wanted to remind the Board that there is testimony that the sign size and sign lighting will not change.
RF stated to the Board that he felt that this property is unique, a beautiful mansion characterized as a Great Estate Inn. He feels that creating a public handicap accessible space furthers the public good and that the inn would be economically viable by creating an innkeeper’s residence.
RF made a motion to grant a use variance to construct an inn keeper’s cottage on property as depicted on the site plan and on the condition that the cottage will be used by the inn keeper and not for rental purposes. PK seconded the motion and the Board voted to agree 5-0.
RF will write the decision.
Respectfully submitted,
Peggy Ammendola
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