Zoning Board of Appeals
Minutes
April 2, 2014
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Cliff Snyder, (CS) Robert Fuster Sr., (RF); Ned Douglas, (ND); Shawn Leary Considine, (SLC)
Staff present: Land Use Clerk Peggy Ammendola, (PA)
Barbara C. Fabiani, 14 Hawthorne Street, (Map 40, Parcel 14). Special Permit under Zoning Bylaw Section 3.3.5 or in the alternative a Variance under Section 3.3.4 to construct a new covered porch and steps.
SLC offered to recuse herself as Ms. Fabiani has been a client in the past of Ms. Considine’s law firm in matters unrelated to this application. There were no objections to SLC’s participation.
Presenting the application was Ms. Fabiani. She described her front porch, the main entrance to the house, as being treacherous to access during the winter months with snow and ice. She is requesting permission to construct a covered porch which will provide safety. This new construction would increase the non-conformity by about a foot.
There were no members of the public present nor had any correspondence been received.
CS made a motion to grant the petition as requested. ND seconded the motion and the Board voted to approve 5-0.
Hillcrest Educational Centers, Inc., 349 Old Stockbridge Road, (Map~1, Parcel 3), (1) a Special Permit under Section 3.3, and (2) a Variance from Section 6.7.1(2) & (3), to alter and change two structures, a nonconforming garage and an office building; to demolish the existing structures and construct a new two-story classroom and office building to take their place. Originally scheduled for March 19th, but on March 7th, Land Use was advised that a fifth member would not be available and applicant requested to reschedule both Hillcrest petitions to April 2nd when it is anticipated five members will be available.
Presenting the application was Attorney Philip Heller; Shaun Cusson, Executive Director and Jim Sorrentino, Director of Facilities for Hillcrest; and Sarah Shulze of SK Design.
Attorney Heller described the recreational, educational and rehabilitation facility which is for children, adolescents and young adults. The plan is to demolish a garage and small office building and to construct a two story building which would be 50’ X 100’. Attorney Heller reviewed the details of the proposal. The Variance requested is to increase the density from 5.19% to 5.88%.
Mr. Cusson described the populations that are treated at this facility and stated this will not change. The project is aimed at improving class rooms. It is anticipated that there will be eight additional students, and the staff which works in three shifts, twenty four hours of the day, will increase from 135 to 190. The new building will have improved classrooms. Mr. Cusson presented the floor plan.
Note: Thirty four minutes into the meeting, EB asked to be excused and there was a brief recess. When the hearing was resumed, the Board was informed that EB to leave due to a family emergency. RF suggested that if the Board was prepared to vote tonight, and if four members did not vote in agreement, the Mullen Rule could be invoked which would allow EB the opportunity to participate. Attorney Heller responded that the proponents understood the circumstances and were prepared to move forward. CS agreed to chair for the remainder of the evening. The hearing was resumed at approximately 7:45 pm.
Mr. Cusson resumed his presentation. He added that the current annual payroll is 5.1 million dollars and with the increase in staff, it is expected that the payroll will increase to 7.1 million dollars. Payment to the Town of Lenox in lieu of taxes is $22,786.00.
Sarah Shulze reviewed the Impact Report & Project Narrative. In conclusion she said the municipal impacts on water would be minimal and the on-site septic system could accommodate the additional flows. The traffic counts will minimally increase but would not be detrimental to the surrounding neighborhood and the existing parking will accommodate the additional employees. The building will be located in the center of the existing campus and is not expected to impact the neighborhood.
Discussion ensued and the Board agreed the petition meets the standards for the special permit and variance. SLC made a motion that the petitioner’s request be granted as requested. RF seconded the motion and the Board voted to approve 4-0.
7:30 pm Hillcrest Educational Centers, Inc., 242 West Mountain Road, (Map 27, Parcel 22 & 23),Variance from Section 6.7.1(3) to construct a new two-story 18 unit dormitory. Rescheduled from March 19, 2014. ND, CS, RF and SLC were sitting.
The applicant was reminded that there were only four members of the five member board. This was acceptable to the petitioner and they chose to continue with the hearing.
Presenting the application was Attorney Philip Heller; Shaun Cusson, Executive Director and Jim Sorrentino, Director of Facilities for Hillcrest; and Sarah Shulze of SK Design.
Attorney Heller stated that this is a residential, educational and rehabilitation facility for adolescents and young adults ages 12 through 21, males only. He described the property and gave an overview of the project. The existing building has to be upgraded to meet the state standards and it is more practical to build new. The plan is to build a new two story structure which would have a total of 6,000 square feet. After that Fernbrook, the existing building, will be demolished. The new structure will have 18 rooms, the same as Fernbrook.
Mr. Cusson said that the new structure will provide line of site supervision and space for treatment. The existing structure has required continuous repairs which is ongoing. The new structure will match the other buildings. The number of employees is 130, the annual payroll is 4.8 million and the payment to the town in lieu of taxes is $17,175.00.
Ms. Shulze stated there would be no municipal impacts, as the new 18 unit structure is replacing an existing18 unit structure. There number of students and number of employees will remain the same. No new parking is proposed.
SLC made a motion to grant the applicant’s request for the variance to allow construction the new building as the requirements for the variance have been met and it is better suited for the population they serve. RF seconded the motion and the Board voted to approve 4-0.
Approve Minutes-March 5, 2014 RF made a motion to approve the minutes and SLC seconded the motion. The Board voted to approve 4-0.
Respectfully submitted,
Peggy Ammendola
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