Zoning Board of Appeals
Minutes
December 4, 2013
Landuse Meeting Room
Members present: Acting Chair Cliff Snyder, (CS) Robert Fuster Sr. (RF); Robert Fuster Jr., (RFjr); Ned Douglas, (ND); Jedd Hall
Absent with notification: Chair Ethan Berg, (EB); Shawn Leary Considine, (SLC)
Staff present: Land Use Clerk Peggy Ammendola, (PA); Mary Albertson, (MA)
10 Kemble LLC, 30 Kemble Street (Lenox Assessors Map 7, Parcel 22-5). Special Permits Sections 6.10.2 and 6.10.9 to permit a resort use under the combined provisions of the Estate Preservation Area.
ND disclosed that he is a teacher and he taught James and Gwen Jurney’s son and offered to recuse himself. No one objected to his participation.
The presenters of the petitioner were: James Jurney; Rob Coakley, a principal of the investment group Lenox Spring Lawn GP, LCC; Josh Martin of Turnberry Consulting in Washington, D.C.; and Attorney John Gobel. Also present was Gwen Jurney.
Mr. Jurney gave a brief history of the property since being acquired by his father in 2005 with a plan to restore and rehabilitate the mansion and carriage house and create a resort. The Commonwealth of Massachusetts maintains a Historic Preservation/Conservation Restriction on the property which contains the mansion and carriage house, which means that any proposed renovations or rehabilitation will have to satisfy the purpose of the restriction. Since purchasing the property the Jurney’s have worked with the state to gain approval of their plan. They have also
obtained variances through the Zoning Board of Appeals. The economic downturn in 2008 stymied their efforts, but they are now ready to move forward.
Attorney Gobel said that his job is to put this application into the context of the Zoning Bylaw. The applicants are asking to designate the entire 28.8 acres as an Estate Preservation Area under Section 6.10.2 and are asking for the approval of a master plan for the development as a resort. Subsequent phases would be the rehabilitation of the mansion and carriage house and the construction of an additional 75 units and accompanied infrastructure with each phase requiring the approval of the Zoning Board. Attorney Gobel stated the applicants would execute a covenant which commits them to the preservation of the mansion. The “phasing” of this project is similar to the development of Cranwell and Canyon Ranch.
Mr. Coakley, representing the equity investors, stated that a former company was into developing large scale 2nd and 3rd home type housing within gated communities in historically significant areas. The economic down turn during 2008-2009 caused them to rethink and scale down from large homes and large tracts. He met the Jurneys and they all realized that their visions ran parallel. Mr. Coakley said that their goal is to utilize their extensive knowledge, data base, marketing, and sales ability in bringing in clientele year around.
Mr. Martin gave an overview of the two documents submitted at the time the application was filed, one being the actual Special Permit Application and the other is Spring Lawn Special Permit Application Appendices and described the existing conditions and the proposed project. Highlights of his review included the following:
a) Trail access Agreement, pedestrian traffic only, which connects Kemble Street and Old Stockbridge Road. Trail head parking would be at the main house.
b) There are three existing curb cuts with no others proposed.
c) Two structures in disrepair will be demolished.
d) There will be no vehicular traffic access onto Old Stockbridge Road.
e) There will be no formal dining in the carriage house.
f) DCR has to approve any and all improvements to the easement.
It is proposed that in the mansion there will be a public dining facility to accommodate up to 75 patrons and there will 20 guest rooms on the 2nd and 3rd floors. Both the mansion and carriage house need to be renovated and the carriage house will have a small addition for a small spa and fitness center for the guests. There will not be a pool or tennis courts.
Scott Merrill, an architect, reviewed the conceptual drawings and the two sites selected for the building of the 75 adjunct units. Twelve structures are being proposed that are designed to work on slopes.
Mr. Martin gave a brief review of the parking, which he said will exceed the parking requirements. There is a traffic study which was done earlier this year and it was done for a full build out study. He said that very detailed screening will be provided in future applications. Included in the application is a preliminary analysis of stormwater and sediment control. Mr. Martin stated that the Jurneys had already done an infrastructure upgrade for sewer and water that will be ready to be tapped in as development occurs. They will need to have a re-delineation of the wetlands and will go through the Conservation Commission for permitting. Detail site plans will be forthcoming as the project advances.
Mr. Gobel offered a draft decision and reviewed the technicalities of the voting steps as follows:
- Qualify the project as a great Estate Area
- Designate mansion as an inn
- Approval of resort use
- Special Permit for music within the parameters of the 2009 variance
- Approval of restaurant
- Granting of permit that approves the Spring Lawn master plan
The applicant wants to promote the pedestrian nature of the resort. Golf carts would be available but not for the trails. There will not be any kitchens in the units. There will not be motorized access off of Old Stockbridge Road, but “break thru” access would be installed if required by the fire department.
CS asked Mr. Coakley if the proposal could carry itself with 20 or 40 units. Mr. Coakley responded in the affirmative, but said the profit structure goal is a total of 95 units. He said they will be proactive in developing their own client base and a new audience for the Berkshires. They are asking for approval of a master plan for 95 rooms, not the specifics, and plan to come back to the ZBA at least two more times.
MA said that she has spoken to Jeff Vincent who has a comfort level about the addition of 20 units, but it is possible that as the project progresses, the ZBA may want to request a peer review which would be at the expense of the petitioners.
There was a brief discussion about bringing the historic lights down Kemble St. as the sidewalk is dark and they want to promote walking.
Correspondence read:
Support:
Lenox Planning Board
David and Suzanne Klausmeyer
Colin Mathews and Stephanie Iverson
Jim Biancolo
Tom and Suki Werman
Brendan Mathews and Margaret Keller
Lenox Historical Commission
Dan Satori
Jim and Georgianne Harwood
Opposition:
Lorraine and John Whittenton
There was also an email from MA Department of Conservation and Recreation referencing an on-site meeting with the Jurneys on December 3rd to review the conceptual master plan for the Spring Lawn property and discuss the rehabilitation of the mansion and carriage house, public access trail and site improvements envisioned for Phase 1 of the project and to provide some feedback.
Scott Shortt of the abutting Kemble Inn read his letter of support into the record.
Public comment-
Attorney Andrew Hochberg who represents the Limited Liability Company to which Mark Borden, Emily Van Agtmael and Antoine Van Agtmael transferred their property which is located at 25 Old Stockbridge Road asked about the conditions of the 2009 variance after the remand. In particular he asked if the trees that are to be planted at the carriage house between his clients’ home and the carriage house could be planted before any construction begins on the carriage house. Attorney Gobel responded that before the work begins on the carriage house, the applicants would have to return to the Zoning Board and plantings will be considered at that phase.
Attorney Hochberg inquired and was told that the trail is for pedestrian traffic only, the carriage house will not be opened to the public and the conditions of 2009 variance related to music will be complied with.
Deb Kellogg, of 26 Old Stockbridge Road asked about lighting and limitations of music. Attorney Gobel said that the lighting and will be addressed in another application and that a condition of the variance limited the hours of music until 11:00 pm and not more than 50 decibels at the boundary of the neighbors.
Patrick Brennan, resident of Lenox Dale, and an employee of Shakespeare and Company, abutter to the property, questioned the need for additional structures and more rooms. His concern is that this would crowd Lenox.
Carol King, a resident, feels the project is a great plan and she is very happy with the trail.
Stephen Ball, an employee of Shakespeare and Company, had questions regarding the Great Estate designation and its applicability on the property stating in order to be a Great Estate it had to be 25 acres. Mr. Jurney responded there are two parcels, the 15 acre parcel on which the mansion and carriage house are located. This parcel is the one that is under the easement. The Jurneys also own the other parcel too which brings the total acreage up to over 28 acres. Two other inquiries by Mr. Ball related to the scale of the rooms, and what would happen if the project is not successful.
Jim Harwood, a resident, asked about the square footage of both the mansion and the new units. He was told that 29,000 square feet is under roof in the mansion and the conceptual plans are for about 50,000 square feet. Additional discussion referred to the fact that there would be the covenant and that if the master plan is permitted any change of use would require review and approval by the Zoning Board.
The Board scheduled a site visit for December 8, 2013 at 10:00 am and advised those in attendance the public hearing will resume on December 18th at 6:00 pm.
Approve Minutes-November 20, 2013 Tabled
Respectfully submitted,
Peggy Ammendola
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