Zoning Board of Appeals
Minutes
July 2, 2014
Landuse Meeting Room
Members present: Acting Chair Robert Fuster Sr., (RF); Robert Fuster Jr. (RFjr); Jedd Hall, (JH); Al Harper, (AH)
Absent with notification: Ethan Berg, EB; Shawn Leary Considine, SLC; Ned Douglas, (ND); Cliff Snyder, (CS)
Staff present: Land Use Clerk Peggy Ammendola, (PA)
Jo Ann Fitzpatrick Brown, Custodian for Alexander Brown, for property located off Patterson Road, (Map 4, Parcel 76), extension of Special Permits dated March 31, 1996 and December 17, 1997 under Section~9.4.6 for an indefinite time period; or in the alternative, to extend the Special Permits for an additional six years from August 4, 2014.
RF explained to the Petitioners that there were only four members present of the five member Board. All four would have to be in agreement for the petition to be granted. It was agreed to proceed.
Presenting the petition was Attorney Phil Heller, Jo Ann Fitzpatrick Brown, and her son Alexander Brown. Additionally there were 17 members of the public in attendance.
Attorney Heller presented a plan “SP-2.0” which he described as the Updated Master Plan for Cranwell which was approved by the ZBA in 1997 for 134 units. Of those units, 127 have been built, leaving 7 approved to be built on 21.8 acres of land with access from Patterson Rd. Extensions to the Special Permit have been granted over the years, the most recent was for six years and is valid to August 2014. These extensions have been requested because of the down turn in the economy. Attorney Heller reviewed the history of the Master Plan and of this particular parcel. He cited Bernstein vs. Chief Building Inspector of Falmouth in which a decline in the economy was a good cause for delay of construction as well as The Permit Extension Act which was created by Section 173 of Chapter 240 of the Acts of 2010 and extended by Sections 74 and 75 of Chapter 238 of the Acts of 2012. The purpose of this act is to promote job growth and long-term economic recovery and the Permit Extension
Act furthers this purpose by establishing an automatic four-year extension to certain permits and licenses concerning the use or development of real property.
There was no correspondence received, but there were seventeen members of the public present, five of whom spoke of concerns. They were:
Dana Bixby-member of the Board of Trustees of the Montessori School in Lenox Dale
Erica Hathaway, 22 Patterson Rd.
Dennis Arseneau, 35 Patterson Rd.
Dan Jarvie, 5 Patterson Rd.
Russ Hopenwiec, 22 Patterson Rd.
Concerns were focused on safety issues, e.g., increased traffic, created in part to the Montessori School on Patterson Rd. which was established there in 2010. Ms. Bixby suggested encouraging the Petitioners to improve the existing conditions related to the increased traffic. Construction equipment necessary to develop the seven units, wetlands, erosion, and too many previous extensions were other concerns brought to the attention of the Board.
The Board referred to the Decision of the ZBA dated March 13, 1996 which imposed two conditions. The first condition requires that the Petitioner confirm its emergency access plan with the Chief of Police and the Fire Department. The second condition requires that if there is any change in the location of the dwelling footprints, if such change exceeds a distance of fifty feet, the ZBA and Planning Board must approve. RF informed the members of the public that before construction can begin the developer has to satisfy the Building Inspector, Conservation Commission, Fire Chief and Police Chief.
JH made a motion to grant the extension as requested by the Petitioner. RFjr amended to grant the extension to six years. RFjr seconded the motion and the Board voted to grant the extension for a period of six years by a vote of 4-0.
Paradise Inns, LLC d/b/a the Garden Gables Inn, 135 Main Street, (Map 46, Parcel 59), construct a new 32’x24’ freestanding deck.
RF explained to the Petitioners that there were only four members present of the five member Board. All four would have to be in agreement for the petition to be granted. It was agreed to proceed.
John Vittori, co-owner of the Garden Gables, made the presentation. The size of the property is almost 4.5 acres and there are no issues with set-backs. He brought a picture for the board to review. The deck will be 10 inches off of the ground and is freestanding.
Mr. Vittori said that food would be served on the deck. The Board cautioned Mr. Vittori to follow proper procedures to make sure that his restaurant (only for guests of the inn) licenses and permits include outdoor dining.
RFjr made a motion to grant the Special Permit. JH seconded the motion and the Board voted to agree 4-0.
Approve minutes: June 4, 2018-Tabled as there was not a quorum. (The June 18, 2014 meeting was canceled as there were no applications.)
Respectfully submitted,
Peggy Ammendola
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