Zoning Board of Appeals
Minutes
July 17, 2013
Landuse Meeting Room
Members present: Shawn Leary Considine, (SLC); Cliff Snyder, (CS), Robert Fuster Sr. (RF); Robert Fuster Jr. (RFjr)
Absent with notification: Chair Ethan Berg, (EB); Ned Douglas, (ND)
Staff present: Land Use Clerk Peggy Ammendola, (PA) Mary Albertson, Town Planner, (MA)
Note: All applicants were advised that only 4 members of the five member board would be sitting for the hearings and that in order to be granted their permits the decision would have to be unanimous. They were advised of their options if they wanted to have a five member board. All agreed to proceed with their hearings.
L D Associates, Inc., 55 Pittsfield Road, Map 17 Parcel 40, (1) Modification of a Special Permit dated December 12, 2005 under the provisions of Section 8.2, Gateway Mixed Use Development Overlay District, to allow for the construction of twelve residential townhouse units in four two-story buildings on a defined parcel of land on the south side of the Mixed Use Development in the C-3A zone; (2) Special Permit under Section 7.1, Apartment and Townhouse Buildings, to construct twelve residential townhouse units in four two-story buildings; (3) Waiver of the maximum height of 35 feet for buildings or structures in the C-3A zone under Footnote (3) of Section 4.1.1; and (4) Site Plan Approval under Section 9.5.2 of the Lenox Zoning Bylaw.
SLC disclosed that she has represented the petitioner in the past, but felt that she could be fair in her decision. There were no objections to her participation.
Presenting the application and site plans were: Attorney Phil Heller, of Heller and Robbins, David Ward, of LD Associates and Jim Scalise of SK Design.
Attorney Heller reviewed in detail the applicant’s proposal what is referred to as Lenox Woods South and stated that the DEP has approved the project. Fire Chief Dan Clifford and the DPW have reviewed and sent letters regarding the proposal, and there are some “tweaks” which Attorney Heller stated they are working on. The proposed units will be 1400 square feet and have walk-out basements. Attorney Heller said that LD Associates is still committed to building two story work-live units, but that project is not a part of this petition. In closing, Attorney Heller said this project is consistent with the town’s master plan, and with all terms of the Zoning Bylaw
Mr. Scalise addressed the Site Plan Review requirements and reviewed the proposed lighting, landscaping, water, sewer and traffic.
Mr. Ward gave an update on his development, saying that of the 29 residential units he has built, 26 have sold. The purchasers are a mix of full and part time residents, both young and old. BMC has will be occupying the back building which will mean that all spaces will be rented.
SLC made a motion to approve the Petitioner’s request, with the conditions being a part of the presentation. RFjr seconded the motion. The Board voted to approve 4-0.
There were no members of the public and no other correspondence received.
Veronica and Christopher Fenton, 85 Hubbard Street, Map 47, Parcel 46 Special Permit under Sections 3.3.3 and 3.3.7 of the Zoning Bylaw to demolish and reconstruct an existing detached garage, a Special Permit under section 7.2.2 to use the second floor of the proposed new garage for an Accessory Dwelling Unit (ADU), and a Special Permit under Section 3.3.5 to alter the existing single family house by demolishing the exiting deck and replacing it with a new screened-in porch.
CS, EB and RF, & RFjr disclosed to all present they have personal associations to the applicant. All stated they felt they could rule fairly, but offered to recuse themselves if anyone opposed. No one objected to their participation.
Making the presentation were Veronica Fenton and Edward Sprenkle who is an intern architect. Ms. Fenton said that the barn is deteriorating and it is cost prohibitive to restore. Plans were reviewed.
There were no members of the public and no other correspondence received.
It was explained to Ms. Fenton that to have the ADU, an affidavit must be a part of the Special Permit.
RF made a motion to approve the Special Permit as presented and SLC seconded the motion. The Board voted to approve 4-0.
Brian Hailes and Monica Sinclair, 217 Main Street (Map 17, Parcel 27, Special Permit under Lenox Zoning Bylaw Section 3.3.5 to create a habitable office space in an existing third floor attic.
Present were Mr. Hailes, Ms. Sinclair and their architect, Kristine Sprague.
There were no members of the public and no other correspondence received.
Ms. Sprague described the project stating that the intent is to preserve the historic character. The space in the attic will provide for a studio and office with the addition of a | 
