Zoning Board of Appeals
Minutes
March 18, 2015
Auditorium
Members present: Acting Chair Shawn Leary Considine, (SLC); Clifford Snyder, (CS); Al Harper, (AH); Robert Fuster Jr., (RFjr)
Absent with notification: Robert Fuster Sr., RF
Staff present: Town Manger Christopher Ketchen; and Gwen Miller, Land Use Director/Town Planner; Police Chief Steve O’Brien; Fire Chief Dan Clifford; DPW Superintendent Sean VanDuesen; Water Department Foreman Rick Fuore; and Peggy Ammendola, Land Use Clerk
Also present was Chairperson of the Lenox Historical Commission, Olga Weiss.
Representing the applicants were the following:
Attorneys Nick Arienti and Catherine Chester of Hellman Shearn and Arienti of Great Barrington; Brent White of White Engineering of Pittsfield; Jon Dietrich, Senior Transportation Engineer of Fuss and O’Neill; Architect Pam Sandler AIA; and Adam Hawthorne, of Travaasa Experiential Resorts; Les Freeman, General Manager of Elm Court.
Front Yard, LLC, Elm Court, 310 Old Stockbridge Road (Map 3, Parcel 4), Special Permit for access to the resort via Old Stockbridge Road in Lenox, pursuant to the provisions of Sections 3.1.C.7, Section 9.4, and 4.1.4. Continued public hearing from February 18, 2015.
Mullin Rule
In 2007, the Town of Lenox adopted Massachusetts General Law Chapter 39, Section 23D (a). This local statutory option allows for a member of any municipal board, committee or commission to miss one (1) adjudicatory hearing. A member may not be disqualified from voting in the matter solely due to that member’s absence from one (1) session of the hearing at which testimony or other evidence is received. Before voting, the member must certify in writing that he or she has examined all evidence received at the missed session. Evidence can include a video, audio recording or transcript. The written certification must be part of the record of the hearing.
A ZBA member fell ill on March 18 and was forced to miss the public hearing. Rather than re-scheduling the hearing, the ZBA opted to proceed with four (4) members present. Attorney Arienti agreed to this. The absent member of the Board will be provided with the documents submitted at the hearing and a recording of the hearing prior to the hearing continuance on April 9. At this continuance, he will fill out a certification attesting that he examined all evidence and testimony received at the March 18 hearing. This will be read and filed into the record.
SLC explained the statute to those present.
SLC stated that the amount of correspondence and submissions received has been unprecedented-many from the same individuals or organization. She wanted everyone to understand that all submissions to the Board are scanned and sent to the Board members and that each one is read by all of the board members who are sitting on the hearing. All submissions are online and can be accessed through the Town of Lenox website. SLC pointed out a table where a hard copy file is available for tonight’s meeting and it is also available in the Landuse room during workdays. She asked that if anyone wants to submit further information, to be sure to submit a least a couple of days before the hearing so that the Board will have time to review before the hearing.
SLC asked the following individuals in different departments of the Town of Lenox, each of whom has something to say about their review of the project.
Police Chief Steve O’Brien- referred to his letter previously submitted to the ZBA and stated that since the vast majority of property is in the Town of Stockbridge (TOS), the emergency response to the actual property will be that of the Stockbridge Police Department (SPD). The Town of Lenox (TOL) has a mutual aid agreement with the TOS, therefore should they need assistance they would notify LPD who would respond to the scene. Should any
criminal activity arise it would be investigated by SPD. With regards to the applicant’s proposal to install a sidewalk, Chief O’Brien feels that it is imperative that be done. This sidewalk would go from Elm Court to the intersection of Old Stockbridge Rd. (OSR) and Hawthorne. There is already a sidewalk from that intersection into town to the intersection of OSR and Highway 183.
AH asked Chief O’Brien about the concerns expressed regarding speeding on OSR and what steps would be taken to slow traffic down. Chief O’Brien said that there are speeders on 98 percent of the roads in Lenox, and that stationary radar could be used to slow drivers. He said that he sat down with Chris Ketchen and Gwen Miller to look at the statistics for OSR which indicates an average of three motor vehicle accidents a year, most without injury and most are at the intersection of OSR and Highway 7. He concurs that a project of this size will increase traffic and increase the potential for accidents but does not see that as a problem/burden for the LPD. Should there be any complaints regarding speeders, the LPD would take the same action that they would take for any other street in Lenox.
If there is a significant problem with speeders on any road, the LPD will stake as frequently as possible as they have two patrols dedicated to a shift.
Fire Chief Dan Clifford said that he has reviewed the project and said there is a need to increase the size of the water main to be sure that the TOL has adequate flow/pressure to provide sufficient water to fight a fire. The TOL would supply the coverage for medical calls at Elm Court as the TOS doesn’t have an ambulance, but they do have EMTs. The TOS Fire Department is the primary responder and if called upon the TOL Fire Department would only provide mutual aid. Lenox’s ambulance is covered by the enterprise fund, generated by fees collected, which supports the staffing and operation, as well as pays for half of the staff of the Fire Department, and is not supported by taxes. Chief Clifford said that he did a comparison of other resorts, Canyon Ranch, Kripalu, and Cranwell to get an idea of what they could expect in an increase of calls and it is believed that there could be 12 to 20 additional calls per year. On the Emergency Medical Services side, the TOL receives
approximately 1,000 calls a year and the Fire Department receives about 560 calls a year, which brings to a total of 1500-1600 calls a year. At this point in time he does not see this as an issue. He explained that if they are out on a medical call, and there happens to be another medical call, the TOL relies on their volunteers and County or Lee Ambulance. Mutual aid doesn’t cost the TOL anything, but if they find that they have a burdensome problem with mutual aid, they would contact the particular community and re-negotiate their mutual aid policy.
Chief Clifford said that his second concern is about pedestrians walking in the street. There currently isn’t a break down lane or a place for walkers to go. He supports the addition of a sidewalk which has been proposed by the applicant.
RFjr asked about the staffing of the TOL Fire Department and EMS. Chief Clifford said that it is largely voluntary, with two fire fighter/EMTs on around the clock augmented by volunteers who back the employees. RFjr asked if the Chief anticipated any additional full or part-time employees and Chief Clifford responded in the negative as far as the Elm Court project is concerned. He did explain that the department is becoming busier with their responsibilities to inspect buildings, stating that all new homes in Lenox must be inspected, as well as schools, nursing homes, hotels, motels, restaurants, gas stations, etc. Additional staff has been considered for that, but not because of Elm Court. He added that the TOS Fire Department would handle the fire inspections for Elm Court.
Sean VanDuesen Superintendent of Public Works and Rick Fuore Water Department Foreman- Mr. VanDuesen introduced Chris Wester, Vice President and Regional Manager of Weston and Sampson Environmental/Infrastructure Consultants, an engineering firm the Town has worked with for over 20 years. Mr. VanDuesen said that Weston and Sampson performed a technical analysis to gather information to determine whether or not the infrastructure of the TOL could handle the water usage and waste water flows with this project and it was determined that the TOL does indeed have the capacity within the Town’s infrastructure to handle the resort at Elm Court as long as upgrades are made to the waste water
line as well as water line. Weston and Sampson also came up with a fee schedule and proposed cost of construction.
Mr. Fuore provided a copy of a chart which shows the water usage for the last 35 years. In 1979 the TOL used 363 million gallons of water compared to the year 2014 when 236.9 million gallons were used. He said that thru the years as a result of decreasing population, water conservation and water leak repairs, the consumption has dropped. Mr. Fuore said that in the 36th and 37th year with Elm Court usage, the expected water usage would be up to 242.7 million gallons of water. The Town is permitted by the state for 278 million gallons of water, so the TOL is well within its usage even with Elm Court in operation as a resort. Mr. Fuore said that in the last few years Lenox has not had to buy water from Pittsfield and in a few instances the TOL has provided water to
Pittsfield. On the waste water side, Mr. VanDuesen said that the current permit for Crystal St. is 1.19 million and the average is around 650,000 gallons daily. Elm Court’s impact is about 2 percent of our average-not a significant increase in waste water flows. SLC said that she understood that it is proposed that additional homes would be able to connect to the sewer system and asked about revenue generated from water and sewer. Mr. VanDuesen said that there are 6 or 7 homes that could if the plan goes forward, but that will not be a significant fee. The impact fees from Elm Court would be $480,000.00 and an additional $100,000.00 annually will be generated from the flows of water and waste water combined and additionally there is 1.57 million dollars in capital upgrades to the system that Elm Court will be doing as part of the process to hook up to the TOL. That 1.57 million is not including the sewer extension; there are additional costs to
the applicant to run a new line-a total 2.35 million dollar total capital cost to the applicant.
Mr. Fuore said that there has been a problem at the end of OSR that has been going on since Frothingham Estate became Hillcrest Educational Center. There is an old 2 inch line for seven houses. The TOL has been trying to encourage Hillcrest to put in a well and they have a cost estimate of over $100,000.00 to replace the 2 inch line. To put everyone onto water is a great expense to everyone and the Town still has to provide fire protection down there, so it is not enough. Mr. VanDuesen repeated that the 1.57 million dollars is just for the TOL to maintain the current infrastructure and that will happen regardless of this project. If the project goes forward with a new 12 inch line, the TOL will gain fire flow protection for Hillcrest and the church on the other side. He stated that
currently they do not have great fire flow numbers, and this will give additional protection.
RFjr confirmed that the applicant would pay 1.57 million dollars, which is the cost for our infrastructure, and pay for the additional infrastructure of that waste water line to Elm Court. Mr. VanDeusen said that from that the Town will have additional hook up for the six houses and give the Town a back bone for future expansion toward Hillcrest and the houses down there as well. He stated that they are not saying that the Town will do, but it gives the Town the capability to do so.
Mr. VanDuesen said that the Town will profit significantly with the rates charged on the flows. “Because we are an enterprise system, those flows keep us going.” He said we have tremendous capacity.
Mr. Fuore said that the old water line, a six inch cast iron main was originally put in in 1891 and paid for by David Bishop. It ran from the Monument down OSR and encompassed the whole area of his estate-Bishop Estate. He later turned over the rights to Lenox Water Company. There have been several breaks through the years. Last year at the Frothingham Crossing intersection, a newly paved road had to be dug up to repair a broken main. Mr. Fuore said that the TOL will have more breaks and if the Town cannot afford to put in new pipes the Town may have to dig up the road to fix. Mr. VanDuesen said that the road will have to be dug up for two lines and it will be up to the applicant to put the road back in shape.
Traffic engineer Kien Ho of BETA Group, traffic consultant for TOL- Mr. Ho described his role which is to review the traffic studies to make sure that they are done to industry standard as outlined by MA DOT. He said that there are four key components which are:
- Adequacy of the study area
- Data collection
c. Traffic analysis itself
d. Analysis result
As a result of the review Mr. Ho has 24 comments related to the 4 components. He described this project as unique and it doesn’t fit under any usage listed in the Trip Generation Manual. He also said that there were lots of traffic reports which grew bigger and bigger due to the nature of the project and BETA asked the proponents to consolidate all of the analysis and they complied with the request. Mr. Ho wanted it noted that BETA’s review was not a single review, but has actually gone back and forth with the proponents in reviewing the data collected. BETA has asked the proponents to collect additional data. He said the study area is seasonal and they would like to catch at peak season. The sample size for speed information was not adequate and BETA would like for Fuss and O’Neill to, at a
minimum of 48 continuous hours, collect data. They have agreed to do that and offered to do additional counts when the snow melts. The data provided for BETA to review has to reflect all of the projects in addition to this project. An example would be Springlawn. There is no clear criteria for the use, and suggested to the proponents to do a traffic count on a similar installation such as Canyon Ranch or Cranwell, but those uses are not comparable to Elm Court so in the end have agreed to a post traffic monitoring program 12 months after the facility is completed and compare with the no built to have some sort of validation for trip generation. The proponents have agreed.
Mr. Ho discussed trip distribution, stating that approximately 20% of the site trips perhaps would go through the town center area if they are going north. BETA wants to validate this as part of the traffic calming program. Also, he has suggested “ride sharing” among the area resorts. A shuttle service would help reduce the number of trips and suggested this as a condition and the proponents have agreed. BETA recommends that prior to any construction activity beginning, the proponents work with the TOL to minimize traffic impact.
In closing, Mr. Ho said that overall the proponents have agreed to all of BETA’s recommendations including a traffic calming program. An escrow account of $68,000.00 has been developed in the event traffic monitoring program shows any additional impact the fund can be used for that mitigation. He said that his firm is satisfied with the proponent’s response to BETA’s suggestions and recommendations.
Olga Weiss, Chairperson of Lenox Historical Commission- Ms. Weiss said that the LHC is always concerned that whatever is done is historically as close to the original as possible. Lenox has many wonderful estates and homes, but there is a problem as they are very costly to maintain. The LHC has reviewed the project and looked at the entire picture of Lenox, recognizing that the applicant wants to take care of the things that Lenox cares about, e.g., the historic correctness, the vistas, the planning of what they do with sensitivity toward historic preservation, and weigh the benefits to the TOL. The traffic will bring people to town to enjoy what Lenox offers and they will spend
their money. Ms. Weiss said that she understands traffic can be a nuisance as she lives on West Street and during the summer there is continuous traffic as the result of Tanglewood, but she said that the benefits the TOL accrues from having Tanglewood in its presence and being able to take advantage of is wonderful. She stated that the project proposed by Travaasa is thoughtful and the planned extension is lower on the profile of the horizon. She praised their dedication to the original building and grounds and said: “We feel this is a good project and it would do something very wonderful instead of allowing a property that is so beautiful to deteriorate.” She concluded that Travaasa is going to maintain Elm Court and the resort will become a viable business and that the LHC is very much in support of the project.
Public Comment-SLC asked that this time be given to people who didn’t have an opportunity to speak at the initial public hearing of February 18th and that if there is a point that has not been addressed this is the opportunity to ask their questions. RFjr added that if one has spoken before to limit any additional comments to new matters.
Joseph Jackson 66 Old Stockbridge Rd. - Mr. Jackson suggested that everybody watch the Bob Vila "Home Again Elm Court Tour" video available on YouTube. In the video, Mr. Vila and Mr. Berle imply that the antique coal furnace is like the furnaces used on the Titanic. In his statement, Mr. Jackson noted he also thinks Elm Court is like the Titanic in that it is destined to sink and take the whole town with it.
Mr. Jackson made a presentation using photographs he had taken from his home to show everyone what he sees and views as a safety risk.~ He said that he and his family have lived at the corner of Hawthorne and Old Stockbridge Rd. for 20 years. Speed, running the stop sign, dip in the road are his concerns.~ He said that his mailbox has been hit three times in the last year and there were two angle crashes between 2009 and 2011.
Mr. Jackson believes that it is likely that there will be a crash cluster “if you put a bar, restaurant and wedding destination serving a million dollars a year worth of booze at the end of the street.” He doesn’t believe that “no one will not be intoxicated, sleep deprived or texting; that employees or those making deliveries will not be in rush or distracted,” nor does he believe that traffic calming measures, validating traffic after the fact or ride sharing will have an effect. He feels that it would be better that Mr. Ketchen should call Clete Kus, Transportation Program Manager at Berkshire Regional Planning Commission to request BRPC to complete a legitimate road safety analysis. He says that to say that he is suspicious of the claims that there is any value to Lenox with the Elm
Court resort is an understatement and cited that a million dollars of taxpayer’s money was just spent on repaving OSR that is supposed to last to 2027. He claims that the proponent’s proposal of a million dollar free replacement of the water main isn’t about Lenox (said he was quoting Fire Chief Clifford); it is about protecting Travassa’s assets.
Mr. Jackson stated that he spoke to Mr. VanDuesen about the new sewer line and what the “downstream” cost analysis on the sewer system showed, but that Mr. VanDuesen didn’t know because such an analysis had not been done. Mr. Jackson said that there are old sewer lines across the street from his house that run behind the houses on Hawthorne, the thinnest section of the sewer line and they will be feeding into and up to the Brunell pumping station. Mr. Jackson said that that is already at 75% capacity and wonders what will happen when that line backs up. He believes that a cost analysis should be done about the risk, not just free money which he said doesn’t exist. He quoted Mr. VanDuesen as having stated that there is no written agreement between the TOL and Travaasa as to what Travaasa is
willing to spend. Mr. Jackson does not feel that the proposed sidewalk from Elm Court to the end of his property will be used by many of the resort guests, but instead is being offered by Elm Court “to make sure that the low wage workers that will be shipped in from Albany and Springfield will have it to walk to work”.
Mr. Jackson told the ZBA that when he attended, as an observer, the ZBA meeting on March 4, 2015 he learned that the ZBA couldn’t read all of the letters. “Now you said you will read all of the letters, but then you started to say you may have to pick out because there is such volume.”
SLC corrected Mr. Jackson and told him that she wanted to make it clear that the Board reads all of the letters, but cannot read every word aloud. She added that everyone has access to read every word of every letter online and the letters are available at the Town Hall for anyone to read.
Mr. Jackson responded: “OK. So what that means is that there isn’t time to read it like the speed speakers and the congress has to read things into the record so fast that no one can understand. That is what you are up against. Right?”
SLC corrected Mr. Jackson and reiterated that the Board reads every word of every letter and wanted to make sure that was clearly understood. She said that the ZBA’s job is to ask questions and that the public was helping with that. She stated that the Board is looking for guidance, but that does not mean that the Board is not paying attention. In conclusion she said that they run the Board professionally and compassionately and take their job very seriously. Mr. Jackson acknowledged that he now understood. He had been under the impression that the ZBA wasn’t able to actually read everything that was being submitted.
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Mr. Jackson feels that the Elm Court project is too big and that it is the biggest commercial project in Berkshire County right now, and that the opponents are asking the ZBA to weigh in on what is probably approaching thousands of pages of stuff which he said is a bit of an “aha moment” for him. He said another aha moment came at the Elm Court site visit. “We were huddled together listening to the engineer talking about the layout and a few gentlemen next to me were talking about the project. I won’t mention names but what they said stuck with me and it just got to me. One asked the other “So you think it will fly?” The other winked and smiled and nods his head affirmatively and says (quote) “I talked to a high ranking local public official. (Not going to say any names.)
Just had lunch with him. Can’t tell you what he told me. I am sworn to secrecy.” (Unquote) Mr. Jackson said that at that moment this project became about something far bigger than Elm Court for him. “Something almost as disconcerting as the safety hazards is to me because I live on the street and I have to emerge and access my house every day. It became about integrity.”
Mr. Jackson wanted it noted that it is winter and the hearings for Elm Court started in Stockbridge in the winter and it is ending in Lenox in the winter. He feels many people are not in town in the winter and although they can write a letter, they cannot speak at a hearing. He said that he did not appreciate the insidiousness of the splitting of the two towns, saying Stockbridge should have included “all of us” in the entirety from the start. He feels that this project will affect Lenox more than any project “in our lifetime”. He asked the ZBA to consider calling for a Special Town Meeting in May to let the majority of the town’s people decide the issue by vote.
Bob Romeo-He has been a resident of Lenox for fifty years and served on the Planning Board. He said that he was on the Planning Board in the mid-eighties when the Great Estates Bylaw was created and enacted. Mr. Romeo reviewed the intent of that bylaw, saying that it was positive in motion and had a goal. “It is still the goose that lays the golden egg for us. Some of the problems we have will be here whether Elm Court is approved or not.” he said. Most of the Great Estates were in the residential zone, and it was understood that the only way to generate revenue streams to provide for restoration was to create a commercial or a multi-use. This he said was
logical as it was realized that Lenox was not going to be industrial, but rather a tourist community. The first property developed under that bylaw was Cranwell. There have been 3-4 such properties, each of them studied, but this project has been more under the microscope. The bylaw, said Mr. Romeo, intended to motivate someone to come in, and Lenox has that opportunity for that kind of development.
With regards to the concerns expressed by the opposition about traffic and property values, Mr. Romeo addressed both. He stated that for 25 years he has been a real estate broker in Lenox and said that the property values in Lenox have gone up as these 3-4 developments have come on line. He believes that these properties have increased the tax base between 300-500 million dollars, but guarantees that it has gone up 300 million dollars. Also, Mr. Romeo said that our tax rates are one of the lowest in the county especially with the services we have and these projects have brought people to our community.
Mr. Romeo said that when he served as a police officer in Lenox 75% of the speeders either lived on the street where they were caught speeding or they were local residents. He personally is more bothered with being behind someone on Kemble or Old Stockbridge Rd. when they are driving at 15 miles an hour so that they can look at our historic assets that the TOL has saved.
Tjasa Sprague of Ventfort Hall and Undermountain Farm- Ms. Sprague said that the traffic discussion is talking about the status quo, not Elm Court. The large mansions in Lenox are what separates Lenox from the other average towns in the whole country and it is a destination, she said. Ms. Sprague said that the TOL has to protect these properties and the proponents have thought of the project so thoroughly and so well; it is not something to be taken lightly.
Barney Edmonds-316 Old Stockbridge Rd-Mr. Edmonds said that he and his wife have spent more than two years researching and thinking about the impact of this project to their property which is located in both Lenox and Stockbridge and 350 feet from Elm Court. He commented that there was an outpouring of the business community supporting this project, but he can’t say business will be better with or without the resort. He referred to a letter of support for Elm Court written by a local attorney Paula Almgren and signed by 19 members of the Lenox business community. Mr. Edmonds said that some of those members don’t live in Lenox and he feels they do not have the right to say what the residents who opposed the project should do. “We have to stand up for ourselves.” he
said.
After a fifteen minute break was taken and before public comment was resumed, SLC asked that Mr. VanDuesen come forward as RFjr had a question on an issue raised by Mr. Jackson.
RFjr said that Mr. Jackson had indicated that the sewer pipe currently servicing the area that would be serving Elm Court is at 75% capacity and be at the risk of a backup. Mr. VanDuesen said that Mr. Jackson was incorrect. He said that he believes that Mr. Jackson was referring to a study that was done by Weston and Sampson to prove there was sufficient capacity within the TOL waste water system. He stated that Weston and Sampson envisioned the worst case scenario which would involve a high rain event with a lot of infiltration and inflow, a James Taylor concert when there is a ton of wastewater being put into the system, the Henry Avenue pump station goes down and Canyon Ranch would be forced to pump wastewater to the Brunell pumping station. In that worst case scenario the capacity would be at 75 %
capacity in that pipe and the odds of that happening are very, very slim.
RFjr then asked Mr. VanDuesen to review the scenario again for clarification.
Mr. VanDuesen responded that at the pump station at Henry Ave. there is an inner connection between another line at Canyon Ranch. Weston and Sampson envisioned this scenario: Canyon Ranch would have to be forced into the sewer line because the pump station at Henry Avenue is down- there would be a James Taylor concert at peak flow, peak tourist season and a huge rain event which would cause infiltration between all of the old pipes and with that scenario, the pipes would be at 75 % capacity.
RFjr then asked, given peak capacity, a James Taylor concert and heavy rain that we sometimes get on 4th of July-what would happen if there was a backup in that area. Mr. VanDuesen responded that the TOL would still operate fine. RFjr again asked for clarification. “If there is a backup you could operate normally or you feel that there is little likelihood of a backup?” Mr. VanDuesen responded that a backup could happen up at any time. “In the scenario we envision, if pump station fails at Henry Avenue, it would force waste water from a different area of town to the pump station at Brunell. If a backup happens we would have to go fix it. This happens all of the time.” RFjr asked if the TOL had a plan in that event, and Mr. VanDuesen responded that they would fix
it.
Mr. Jackson responded that he used a diagram that Mr. VanDeusen gave him that is in a pamphlet Mr. Jackson is providing to the Board. He said that according to Weston and Sampson, there is a small stretch of older sewer pipe behind several houses on Hawthorne that has a higher capacity because it is a smaller pipe. This he feels could possibly fail and, in his opinion, it this is not going to be replaced because it is too expensive.
Mr. VanDuesen responded that he was slightly mistaken and agreed that that pipe could be at 75% capacity, but asked Mr. Wester to address the issue.
Mr. Wester said that their study showed that the pipe segment that is the subject of this conversation will go between 50 and 75% capacity during those conditions which is not of any concern to us whatsoever. The study resulted in a recommendation that another section of pipe on OSR be replaced because it does exceed 90% capacity during those same conditions and that is a concern to us. A pipe operating at 50 and 75% condition is “just plain and simply not a concern”.
SLC asked if this is only if the Henry Avenue facility fails.
Mr. Wester responded that all of the different conditions that are taking place here; these precede the Henry Ave pump station. Mr. VanDuesen, he said, was a little confused on his answer. This is all of the flows that would be contributing from the area of Elm Ct. He said they have studied all of the pipes where a drop of water that would come from Elm Ct. would follow thru whatever pipe it followed thru to make it to the treatment plant and that resulted in the recommendation that we made to replace the greater than 90% cap pipe at OSR.
Mr. VanDuesen said in the conditions discussed they still operate normally. In the worst case scenario everything still functions. Mr. Wester agreed.
Mr. Jackson said a worst case scenario when OSR does not operate normally is when there is a blockage in the pipe backs up into our houses. He said that he is concerned about the stretch of pipe which goes down Hawthorne and then to the Brunell pump station as he believes there is no analysis of the actual flow.
Julie Edmonds 316 Old Stockbridge Rd. - Ms. Edmonds disputes that Elm Court can only be saved by adding to the footprint. She believes that the only way to save the property is to have someone buy it, renovate it, and use it in its present configuration. She wishes that Colonel Wilde had kept it from becoming derelict. Ms. Edmonds referred to a 2006 application to the ZBA to build a Marriott at the corner of Housatonic and Routes 7 & 20 which she said was turned down because it was too large. The proposed Elm Court project is much larger and she feels that it is a commercial intrusion into the neighborhood and it is for the sake of increased revenue. She reminded the Board that there are residents who have written letters or signed petitions to ask Elm Court to reduce the
size of the project to no avail and she fears that if the project is approved the proponents will eventually develop more of the property. The project, she feels, will impact the neighborhood character and sets a precedent for other residential areas. Ms. Edmonds asked that the ZBA reject the proposal.
Ralph Petillo 303 Housatonic St.-Mr. Petillo, speaking as the Director of the Lenox Chamber of Commerce, wanted to respond to what he feels are very negative comments made regarding the business community and he wanted to have it noted in the public record the benefits of having local businesses. He pointed out that the shop keepers pay taxes on the property in their shops and pay a landlord rent which keeps the value of commercial property up. He stated that the vacancies that are seen now are because it is a transition time, people are retiring etc., but he is confident that the stores will be filled in the near future. Mr. Petillo feels that it is asinine to think that the business community and the increase in business with this project is detrimental or not having a positive
effect. He said that he makes a living on the businesses of Lenox and believes there are probably 1,000 people who work and live in Lenox in which this project will help sustain their lives. Mr. Petillo said that Elm Court will help keep Lenox alive 12 months a year and there are residents who live in Lenox year around who depend upon businesses staying open, and pointed out the benefits of having businesses such as Loeb’s, a pharmacy, a convenience store and Hoff’s. He agrees that Elm Court is large, but pointed out that Cranwell and Canyon Ranch are also large, but they have only helped our community and helped keep businesses here. Mr. Petillo concluded that the business community of Lenox is what brings people to buy homes here because the town is open year around and those people keep the businesses operating. It is a perpetual motion that he said needs to be kept going.
Terrence Cronin, 25 Nielsen Lane (Off of Old Stockbridge Rd.)-Mr. Cronin said that he is a 60 plus year resident and noted the changes over the years when he estimates there were probably 25 children living on Old Stockbridge Rd. and traveled by school bus to and from school in Stockbridge. In the course of time there were no children, but said that now, at the ends of Old Stockbridge Rd., there are two families with pre-school age children. He feels that with the project the road, safety and speed limits will be improved. Mr. Cronin said that the guests of Canyon Ranch come to Old Stockbridge Road via a cross street, down Old Stockbridge Road to Shakespeare to go back to Canyon Ranch and some go on into Lenox without impact to Old Stockbridge Rd.
Lois Hill 267 Old Stockbridge Road- Ms. Hill said that she lives across from Elm Ct. and read from a list many questions that included, but not limited, to the following:
Size of trucks after project is completed?
Separate entry way for deliveries and employees?
Outdoor activities-snowmobiling, tennis?
Will employees be brought in from outside of Berkshire County?
How many residents will be able to tie into sewer extension and at what cost?
How much real estate taxes paid to Lenox?
Will Lenox get a portion of room or meals tax?
Will Lenox tax assessments increase with project?
Has ZBA done due diligence to research on the Applicant’s other projects?
Are they financially able to get the project through?
Will housing be provided for employees?
Will they build condos?
AH asked Ms. Hill to provide a copy of her list to the ZBA to which she agreed.
Attorney Alexandra Glover of Lazan Glover and Puciloski of Great Barrington-Attorney Glover who represents Carol Grossman of 227 Old Stockbridge Rd. said that she has consulted with a number of other residents in the vicinity about the impact on them and their concerns and she is proposing conditions to the Special Permit should it be granted. She has submitted two letters to the ZBA in which one dated February 18th provided reasons why the ZBA should deny the Petitioner’s request for the Special Permit and the other dated March 17th which listed suggested conditions.
Attorney Glover read from the Lenox Zoning Bylaw the definition of “Resort”.
Building or group of buildings, a portion thereof designed for serving food in a public dining room and containing 15 or more sleeping rooms for transient guests together with both indoor and outdoor recreational facilities with a variety of activities provided which could be judged self-sufficient for the entertainment of guests therein.
Attorney Glover believes that the restaurant and spa uses for the public are prohibited under the Zoning Bylaw.
SLC asked Attorney Glover is she had legal support for her interpretation of “self-sufficient” as limiting language to which Attorney Glover answered in the negative, but she doesn’t believe that “self-sufficient” is a defining term in that sentence. She added that she does not believe that the bylaw is suggesting that the resort has to have all of the amenities but believes that it is suggesting that the guests could use all of the amenities that could be permitted, i.e., broader than spa and restaurant. A stand-alone spa is not permitted in this zone she said.
Attorney Glover noted that Kien Ho the BETA Traffic Engineer suggested additional measures that needed to be done concerning the Trip Generated Data, and the fact that the Trip Generated Data Manual doesn’t have the data for this type of proposed resort. The only way to get that data is to go and do specific counts and in order to do that they must wait until the snow melts and the high traffic season. For the measuring of speed and comparison, if there are no other resorts comparable, this is what the engineer says needs to be done. Attorney Glovesr said before this public hearing closes, this information should be made available to the Board.
Attorney Glover detailed all of the following items as suggested conditions if a Special Permit is granted:
Conditions Relating to Construction
Construction hours/days
Traffic direction
Speed of construction vehicles
Speed of non-construction traffic
Commercial vehicle exclusion
Dust control
Bond to ensure compliance of conditions
Conditions Relating to Operation
Guest use only
Limitations on special events
Noise restriction
Parking restrictions
Lighting
Hours for deliveries
Service entrance
Speed of non-construction traffic
Commercial vehicle exclusion
Post-occupancy traffic study
Restriction on further development without a new permit
Richard Jackson, presently lives on Rt. 183 in a residential neighborhood across from Kripalu, but formerly lived at 275 Old Stockbridge Rd. across from Elm Court. He pointed out that he is not related to a previous speaker, Joseph Jackson. Mr. Jackson said that he served as Chairman of the Lenox Historical Commission while a Lenox resident, his wife is the Chair of the Stockbridge Historical Commission and he has written a book about the big houses in the area. He supports the project and believes that it has to be the size proposed in order to save the building. Mr. Jackson said that when he moved to his present location the Jesuits had left and Kripalu was becoming established, breathing new life into the property as he feels this project will do for Elm Court. He walks the Kripalu
property most every day and said that the traffic, guests and tractor trailer trucks making deliveries, come and go, not all at once like the Berkshire County Day School. Kripalu is much larger than Elm Court is proposed to be. He wanted to give hope to the residents of Old Stockbridge Rd. that it is not a problem living next to Kripalu. He feels that the other resorts, Canyon Ranch and Cranwell, have not created traffic issues and this resort will not either. Mr. Jackson said that if he were still living at 275 Old Stockbridge Rd., he would prefer the resort as presented and its construction activity than to have the property divided into lots and have “McMansions” or condos to fill the 90 acres. In the latter case the construction noise would be worse.
Continued to April 9, 2015 at 7:00 pm. It was announced that any future correspondence must be in by April 6, 2015 so that the Board members will have sufficient time to review prior to the April 9th continued hearing.
APPROVE MINUTES: The minutes of February 18, 2015 were approved.
Respectfully submitted,
Peggy Ammendola
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