Zoning Board of Appeals
Minutes
September 18, 2013
Landuse Meeting Room
Members present: Shawn Leary Considine, (SLC); Robert Fuster Sr. (RF); Robert Fuster Jr. (RFjr) Chair Ethan Berg, (EB); Ned Douglas, (ND)
Absent with notification: Cliff Snyder, (CS),
Staff present: Land Use Clerk Peggy Ammendola, (PA) Mary Albertson, Town Planner, (MA)
Robert Brown, 83 Yokun Avenue (Map 12, Parcel 1), Modification of the July 14, 2010 - Special Permit and Variance that were granted under 7.2.2 of the Zoning Bylaw to convert the existing detached carriage house into an Accessory Dwelling Unit (ADU). The Petitioner requests approval to increase the size of the ADU from 1,200 square feet to 1,450 square feet. Section 7.2.3.4 allows a maximum ADU unit size of 800 square feet. Note: Originally scheduled for September 4, 2013, but on July 22, 2013 advised that Attorney Heller asked that this be rescheduled to September 18, 2013.
There were only 4 members of the 5 member board, and the Petitioner has requested a five member board. SLC made a motion to continue to October 2, 2013 at 6:45 pm. ND seconded the motion and the Board voted to agree 4-0. On September 27th RFjr advised that he had a conflict for October 2nd, therefore the hearing was moved to October 16th when all could be available. Sitting are: SLC, RF, RFjr, ND and JH
Broadway Electric Company, Inc.-Two Petitions:
239 Crystal Street (Assessors Map 8, Parcel 100), Special Permits Sections 3.1.G.3 and 3.1.2 to allow the installation of a 918.72 KW ground mount photo voltaic solar generating system at the Lenox Wastewater Treatment Plant.
Broadway Electric Company, Inc., Willow Creek Road (Assessors Map 14, Parcel 2), Special Permits Sections 3.1.G.3 and 3.1.2 to allow the installation of a 937.86 KW ground mount photo voltaic solar generating system.
Presenting both petitions were Dennis Daru Jr., Project Manager, and Daniel Griffin, both with Broadway Electric.
There were three members of the public. They were Eric Johnson of 66 Delafield Dr., Joanne Stechman of 72 Delafield Dr. and George Jordan, 138 Walker St.
Mr. Daru reviewed the site plans and explained the construction. He first addressed the application for 239 Crystal St. It is not expected that there will be excess output, so all power generated will be used exclusively by the Town. They have approval from MA DEP for a “Post Closure Use Permit”, and will be going before the local Conservation Commission.
Mr. Johnson entered into the record correspondence from him and his wife. His property is located in the vicinity of 239 Crystal and his concern is that this installation will be in violation of Massachusetts Noise Regulations 310 CMR 7.10 during construction and during operation of the system. He objects to the existing noise level of the operations at the Wastewater Treatment Plant and stated he has filed two verbal complaints regarding the noise, and based on that he strongly feels the Board of Selectmen should ensure that the WWTP is in compliance with 310 CMR 7.10 for all operations conducted at 239 Crystal, including the proposed construction and operation of this proposed solar system.
SLC responded that the Zoning Board of Appeals is limited to applying and interpreting the zoning bylaw the bylaw and the Petitioner is required to comply with all applicable law, and get any other required permits. There isn’t a Town of Lenox noise ordinance.
Mr. Daru explained that the solar system will not create noise as there are no moving parts. There will be construction noise, but construction would take place weekdays only. Mr. Johnson suggested that Broadway put in sound barriers or enclose the equipment to reduce noise. This was not practical, but Mr. Daru said that they would do what they could to mitigate the noise and agreed to work 8-4:30 pm rather than their usual work day of 7-3:30 pm.
Neither Mr. Johnson not Ms. Stechman objected to the solar installation, but preferred there be no construction noise.
RF made a motion to approve the Petition for 239 Crystal Street as requested subject to the construction limitations agreed to by the Petitioners. RFjr seconded the motion and the Board voted to approve 5-0.
RFjr made a motion to approve the Petition for 0 Willow Creek Road with no conditions. RF seconded the motion.
Approve Minutes:
May 1, 2013-RF made a motion to approve the minutes and ND seconded the motion. The Board voted to approve 5-0.
July 17, 2013-RJjr made a motion to approve the minutes with edits. SLC seconded the motion and the Board voted to approve 5-0.
Respectfully submitted,
Peggy Ammendola
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