Zoning Board of Appeals
Minutes
December 18, 2013
Board of Selectmen’s Meeting Room
Members present: Chair Ethan Berg, (EB) Robert Fuster Sr. (RF); Robert Fuster Jr., (RFjr); Ned Douglas, (ND); Jedd Hall, (JH)
Absent with notification: Shawn Leary Considine, (SLC); Cliff Snyder, (CS)
Staff present: Land Use Clerk Peggy Ammendola, (PA); Town Planner Mary Albertson, (MA)
Before each of the hearings, it was explained that due to illness, only four of a five member board were present and in order for a petition to be granted, all four board members must vote in favor. The applicants were given the option to wait until all five members were available before opening the hearing or to invoke the Mullin Rule whereby a member would not be disqualified from participating provided that he/she has examined all evidence received at the missed session and listened to an audio or video recording of the missed session or a transcript thereof.
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.
Continued from December 4, 2013. Sitting on this hearing were: RF, RFjr, JH, ND and CS.
CS was unavailable for tonight’s hearing. RF was acting Chair.
Present were James and Gwen 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.
Attorney Gobel advised the Board that the applicants wanted to continue the hearing even though CS was not present and at the close of their presentation would decide if they wanted to have CS hear the audio so that he could participate in the vote.
Attorney Andrew Hochberg, who represents the LLC that owns the property at 25 Old Stockbridge Road, presented photos taken of the Spring Lawn Mansion and carriage house from his client’s property. The photos were reviewed. Attorney Hochberg said that his clients approve of the master plan for this project.
Attorney Gobel reviewed with the Board his proposed decision and asked the Board approve as submitted. Discussion ensued regarding items 7 d., and 7 e., of Attorney Gobel’s proposed decision and it was agreed the Board would change the last sentence in item 7 d., to read: “There will be no access onto Old Stockbridge Road except for pedestrian traffic and emergency vehicles.”, and add as the last sentence: “However, the Board reserves the right to request additional traffic impact review and peer review during the site plan review for the balance of the project.” Item 7 e., would have added as the last sentence: “However, the Board reserves the right to request peer review during the site plan review for the balance of the project.”
The Applicants chose to proceed to the decision phase of the Public Hearing with only the four members of the Board who were present.
RFjr made a motion to close the public hearing and ND seconded the motion and the Board voted to agree 4-0.
RFjr made a motion to approve the application as presented and JH seconded the motion. The Board voted to approve 4-0.
The vote was then broken down into six items as follows:
RFjr made a motion to approve that the Spring Lawn Mansion and the entire 28.80 acre property associated with it qualify as a Great Estate Area. JH seconded the motion and the Board voted to approve 4-0.
RFjr made a motion to approve that the Spring Lawn mansion is designated as a Great Estate Inn under Section 6.10.13. JH seconded the motion and the Board voted to approve 4-0.
RFjr made a motion that the Resort Use of the Spring Lawn property, including the Great Estate Inn, be approved as a combined use under Section 6.0.9. ND seconded the motion and the Board voted to approve 4-0.
RFjr made a motion to approve amplified music, granting the special permit under Section 6.10.13 subject to the limitations of the 2009 Variance. JH seconded the motion and the Board voted to approve 4-0.
RFjr made a motion to approve a restaurant within the mansion opened to the public, granting the special permit under Section 6.10.13. ND seconded the motion and the Board voted to approve 4-0.
JH made a motion to approve the Spring Lawn Master Plan, the comprehensive plan set forth in Appendix B and as described in the application and supporting materials. This permit contemplates and requires that, before construction or alteration of the existing structures can begin, petitioner shall submit specific plans in the nature of a Section 9.5.5 Site Plan for consideration under the procedure set forth in Section 9.5. Such plan shall be approved provided that it is within the parameters of the Spring Lawn Master Plan (RF added “Certain areas under peer review.”) approved hereby. The following sections of the Bylaw shall also apply to such site plan review within the parameters of this approval of the Spring Lawn Master Plan: (i) 9.5.5 (Contents of Site Plan, except for 9.5.5.14 having to do with
traffic study, 9.5.5.15 having to do with vehicular and pedestrian circulation and 9.5.5.17 having to do with business, commercial or industrial uses-which are adequately addressed in the application or are inapplicable); (ii) 9.5.10 (Sewer and Water Capacity); (iii) 9.5.11 (Stormwater Management); (iv) 9.5.12 (Erosion Control) and 9.5.13 (Design Standards). RFjr seconded the motion and the Board voted to approve 4-0.
RF restated for clarity that, as discussed, certain areas could be subject to peer review.
ND moved to close the public hearing and RFjr seconded the motion. The Board voted to agree 4-0.
At this point in the meeting, JH left and EB joined the Board as Chair for the remainder.
G & L Realty, LLC, d/b/a Haddad Toyota, 526 Pittsfield Road (Map 33, Parcel 7). Section 3.1.F.16 of the Zoning Bylaw, modification of the Special Permit granted on May 14, 1987, and Special Permit Section 5.2.4(3). Modifications include new covered entryway, addition on the northeast corner of the building, and addition on the east side of the building. Petitioner also requests permission to allow one logo and four signs totaling 69.07 square feet to be erected.
EB reviewed the procedure for a public hearing before the ZBA and reminded the applicants that in order for the permits to be granted all four sitting members would have to vote in the affirmative.
Presenting the application were the following: Attorney Phil Heller, George Haddad, Pete Lebish who is the Market Planning Manager of Toyota, and James Malarkey, the architect for the project. Also present was Mike Coggins.
Members of the Board disclosed that they had either a personal relationship with the Haddad family or have purchased vehicles over the years from Haddad, but all felt this would not affect their ability to be impartial. Attorney Heller responded that the proponents were confident the members would decide on the merits of the petition.
Attorney Heller reviewed the site plan and application. He noted that the parcel was bisected with 2 on the natural environment as the work will be within the footprint of
the developed site. The only work in the upper parking lot will be the replacement of light fixtures. In closing Mr. Hoogs said the project meets the requirements of the Site Plan Approval.
In conclusion, Attorney Heller said this project meets the Special Permit requirements and fits in with the Town of Lenox Master Plan.
Jim Nejaime, a nearby business owner was present and stated he supports the project. There were no other comments from the public.
Attorney Heller asked to move forward to the decision phase with four members of the five member board present.
EB made a motion to adjourn the public hearing and RF seconded the motion. The Board voted to agree 4-0.
RF made a motion to grant the petition as requested. RFjr seconded the motion and the Board voted to approve 4-0.
RF made a motion for the site plan approval and signage modification. RFjr seconded the motion and the Board voted to approve 4-0.
Veronica and Christopher Fenton, 38 Taconic Avenue (Map 46, Parcel 24) Special Permit Section 3.3.5 or, in the alternative, a Variance from Section 4.11, to alter a non-conforming single family structure by creating a habitable space in an existing third floor attic.
Presenting the application was Veronica Fenton. Also present was Christopher Fenton and abutters, Joe and Betsy Strauch. RFjr disclosed he knows the Fenton family, but feels he can be impartial in making his decision. There were no objections to his participation.
EB reviewed the procedure for a public hearing before the ZBA and reminded the applicants that in order for the permit to be granted all four sitting members would have to vote in the affirmative.
Ms. Fenton described the existing property that they have recently purchased and detailed the proposed alterations. This will be for office use only, with no bedroom or bathroom. She said that having this space is in character with other homes in the neighborhood and pointed out that many have a third floor. She provided photos of other homes.
RF questioned the reason this project had to be reviewed by the Zoning Board. MA responded that Bill Thornton, Building Commissioner, ruled that the Fentons can’t use the third floor without a special permit as the zoning code only allows two story structures.
Mr. and Mrs. Strauch spoke in favor of the proposed project.
EB made a motion to close the public hearing and RF seconded the motion. The Board voted to
agree 4-0.
RF made a motion to approve the petitioners’ request for a Special Permit under Section 3.3.5. RFjr seconded the motion and the Board voted to approve 4-0.
Brushwood Nominee Trust 36 Pittsfield Road (Map 17, Parcel 41), for: (1) Special Permits Section 3.1.F.11, 5.1.7, 5.2.4(3); (4) & Footnote (3) of Section~4.1.1; and (5) Site Plan Approval under Section 9.5 of the Lenox Zoning Bylaw re: construction of a 92 room hotel on 6.68 acres.
Because there were only four Board members present, Attorney Heller presented a written request to continue this hearing to January 8, 2014.
RFjr made a motion to continue the hearing to January 8, 2013 at the request of the petitioners. RF seconded the motion and the Board voted to agree.
Approve Minutes-
November 20, 2013- RF made a motion to approve the minutes and RFjr seconded the motion. The Board voted to approve 4-0. (ND, EB, RF and RFjr)
December 4, 2013- RF made a motion to approve the minutes and RFjr seconded the motion. The Board voted to approve 4-0. (RF, RFjr, JH and ND)
Respectfully submitted,
Peggy Ammendola
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