Zoning Board of Appeals
Minutes
November 16, 2011
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Shawn Leary Considine, SLC; Ned Douglas, ND; Cliff Snyder, (CS); Robert Fuster, Jr., RFjr.
Absent with notification: Robert Fuster (RF)
Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, Landuse Clerk, PA
Thomas E. and Susan G. Werman, Trustees, 169 Under Mountain Road (Map 11, Parcels 11-1, 9-1 and 9-2) (Stonover Farm B&B). Review of Variance granted on August 5, 2009 was scheduled for Nov. 3, 2010. The ZBA continued that review to Nov. 17, 2010. At the November 17, 2010 meeting, the ZBA continued the review for another year.
Present were Attorney Lori Robbins, who represents the Wermans. Also present were Tom and Suki Werman.
Ms. Robbins said that there have not been any complaints as a result of having the seven permitted commercial events per year. She provided copies of letters of support from the following neighbors:
David and Jeannette Van Alstyne
Richard and Ingrid Taylor
Seth and Mary Nash
Janet Hetherwick Pumphrey
Kevin and Kristine Sprague
Ms. Robbins stated that two years ago the Board agreed that the Wermans could have seven events a year and only use the barn. Last year the Board agreed to a modification of a condition allowing the Wermans to use tents and the barn. Now they are asking to modify the condition to allow them to have eight events per year. Letters dated October 21, 2011 from both Building Commissioner Bill Thornton and Fire Chief Dan Clifford were read into the record, both of which supported permitting the extra event, but a “fire detail” from the Lenox Fire Department will be required at all events. The Wermans are to submit written notification to the Building Inspector and Fire Chief in advance of each event.
ND questioned the placement of the tents on the Werman’s property directly across the street from the B& B. He had assumed that tents were to always be on the same side of the road of the B & B. Ms. Werman explained that when they started having commercial events, they were always in tents across the road as no events were in the barn. Now that they have events in the barn, additional tents are placed across the street if needed. There is no space to put tents up on the B & B side of the street. She said that when there are tents, parking is off the premises and guests are shuttled in.
SLC made a motion to modify the original decision by permitting an additional commercial event a year from 7 events to 8 events per year. (The Board considers the increase to be deminimis.) CS seconded the motion and the Board voted 5-0 to approve. EB made a motion to approve the additional conditions detailed in the letter received from Mr. Thornton and Chief Clifford. RFjr seconded the motion. The Board voted 5-0 to approve.
The Board ended its review hearings on the variance by concluding that no further review period would be required.
Robert and Mary Lahart, 154 Plunkett Street (Map 3 Parcel 68). Special Permit~under Zoning Bylaw Section 3.3.5 to alter and extend a nonconforming single family structure by adding a new attached garage.
Making the presentation was Robert Lahart. Mr. Lahart reviewed the site plan and compared his project to existing neighboring properties which were also non-conforming. He told the Board that he has spoken to his neighbors and they are in support of the petition.
A letter of support from abutter Laura Butterfield was read into the record.
SLC made a motion to grant the request of the petitioners. RFjr seconded the motion and the Board voted 5-0 to approve.
Price Chopper Operating Co. of MA, Inc., 499 Pittsfield Road (Map 33, Parcel 4), Variance from Section 6.2.1 Outdoor Displays to allow outdoor displays from April 1 to December 31.
It was noted that there was a typographical error of the name in the Public Hearing notice. The notice read “Price Shopper Operating Co. of MA, Inc.”, but should have been “Price Chopper Operating Co. of MA, Inc.”
Mr. Tom Hayden of Price Chopper presented the application. He said that the previous location of Price Chopper had outdoor displays for as long as the store was there, without realizing that it was in violation. Outdoor displays are allowed by right, but limited to the period from May 15 through October 15. The items displayed outdoors are plants, trees and seasonal wreaths.
A letter of support from Jeff Curley, Project Manager for MEC Lenox Associates Limited Partnership was read into the record.
CS made a motion to grant the Petition as requested. SLC seconded the motion and the Board voted 5-0 to approve.
Approve minutes:
September 21, 2011-SLE made a motion to approve the minutes. RFjr seconded the motion and the Board voted 5-0 to approve.
November 2, 2011-EB made a motion to approve the minutes. SLC seconded the motion and the Board voted 4-0-1 to approve. RFjr abstained as he was not at that meeting.
Other Business;
LD Associates, Inc., 55 Pittsfield Rd., Map 17 Parcel 40-Attorney Lori Robbins and her clients Dave and Matt Ward of the Aspinwell development were present to inquire about reconfiguring a building. Dave Ward said that he has an opportunity to lease an existing building that formerly contained the Hunts Furniture retail establishment, but only if an additional 800 square feet of space can be added to the building. A brief discussion ensued and Mr. Ward will submit a Modification of the Special Permit granted December 12, 2005.
Respectfully submitted,
Peggy Ammendola
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