Zoning Board of Appeals
Minutes
December 2, 2015
Landuse Meeting Room
Members present: Acting Chair Shawn Leary Considine, (SLC); Robert Fuster, (RF); Robert Fuster Jr., (RFjr); and Ned Douglas, (ND); Al Harper, AH
Absent with notification: Clifford Snyder (CS); Ethan Berg, (EB);
Staff present: Land Use Director/Town Planner Gwen Miller (GM) and Land Use Clerk Peggy Ammendola, (PA)
Also present were Mike and Lorena Coggins and George Jordan.
G&L Realty LLC, 526 Pittsfield Road (Map 33, Parcel 7), Modification of an existing special permit to relocate an existing freestanding sign under Section 3.1.F.16 “Motor vehicle and boat sales or rental; outdoors”, and seeks a sign permit to add a logo and sign onto the building under Section 5.2.4(3) “Signs in All Districts”. An approved sign will be relocated as well.
Presenting the application was Attorney Phil Heller of Heller and Robbins and Rob Hoogs of Foresight Land Services. Also present was George Haddad and Mike Coggins, principals of G & L Realty.
Attorney Heller summarized the petition and noted that in 2013 a special permit was granted to allow for the renovation and upgrade of the Toyota dealership. That project is currently underway and it represents a five million dollar investment in the local economy.
Mr. Hoogs said that as a part of the renovation and expansion, the Town is improving the water lines along Route 7. The water lines and hydrants are presently located on the west side of the highway. When Haddad started the project, they met with the Town to discuss the need to improve water mains and fire service to the building. The Town thought that this would be a great opportunity to expand water lines and locate on the east side for fire safely. Mr. Haddad donated the easement to the Town so that the water lines could be placed on his property instead of being built in the highway which would not be economically practicable. In the process of digging in unstable soil/large boulders to prepare for the installation of the water main, a sign base for the Toyota sign was
damaged. The Town agreed to compensate by putting in a new sign base, but it could not be done at the existing location as it is too close to the water main and drain line. The only other location suitable is in the landscape strip, 8 feet from the travel lane and 2 feet from the existing right of way and 50 feet south. This provides for better visibility for the entrance. The sign is exactly the same size and will be away from the water main. Mr. Hoogs said that this sign in this proposed location is consistent with other signs in the corridor and will not create any nuisance or safety issues.
Additionally the Petitioner requested that they be permitted to erect a new sign on the west façade of the building. The façade is 203 feet long and has no signage. The size of the sign proposed is 37.81 feet. The Petitioner also asked that permission be granted to relocate the Scion sign which had previously been approved for placement on the south side of the building to the right end of the west façade.
Mr. Haddad said that in 1937 his grandfather started a dealership and in 1969 his grandfather and father built a Pontiac dealership in Lenox in 1969. It later became Toyota. He stated that the signs would provide for better visibility. Haddad has four dealerships and a collision center and employs over 160 people, 70 of whom work at this location. Also at this location, during a month, they sell about 200 cars and service approximately 2,000 cars.
There were no comments for or against the petition and no correspondence had been received. RFjr made a motion to close the public hearing and RF seconded the motion. The Board voted to agree to close the hearing by a vote of 5-0.
AH made a motion to grant the Petitioner’s modification of the existing special permit to relocate an existing free standing sign under Section 3.1.F.16 and to permit the Petitioner to add a logo and sign on the building under Section 5.2.4(3) to the western side of the building. RFjr seconded the motion and the Board voted to approve 5-0.
Peter and Tjasa Sprague, 55 Kemble Street (Map 40, Lot 45), Special Permit Section 3.3.3, “Nonconforming Uses and Structures,” of the Lenox Zoning Bylaw to allow Petitioners to reconstruct, expand and alter a pre-existing nonconforming single-family residence. The Variance under Section 3.3.4, “Variance Required,” would allow Petitioners to construct an addition to a pre-existing nonconforming single-family residence within the setback. This was originally scheduled for November 18, 2015, but because there were only 4 members available, the applicant requested the meeting be rescheduled to December 2nd.
Presenting the application was Attorney Phil Heller. Also present was Tjasa Sprague.
Attorney Heller summarized the petition and provided photographs of the existing structure. This property, known as Shady Gate, was constructed in 1893 as the original gatehouse and residence for the gatekeeper on a portion of the property on which the historic mansion known as Ventfort Hall is located. A small expansion of the kitchen was added in approximately 1929 and is supported by pipes. The Petitioner wishes to construct an addition to extend the kitchen and add a sunroom containing a total of 267 square feet on the south side. It will reduce the south side yard setback from 7’ 4” to 4’3”. Access to the existing small kitchen is dangerous because of the steps into the property and the fact that the exterior door opens outward. The proposal will remedy this situation and
increase the size of the kitchen. Attorney Heller said that this upgrade is beneficial to the community as it preserves a historic house and increases the town tax basis.
AH made a motion to close the public hearing and RF seconded the motion. The Board voted to agree by a vote of 5-0.
A letter of support, dated Nov 2, 2015 from Brendan Mathews and Margaret Keller, 15 Beecher Lane, was read into the record.
RF made a motion to grant a Special Permit under Section 3.3.3 to allow Petitioner to reconstruct, expand and alter a pre-existing nonconforming single-family residence and vote to allow the Variance under Section 3.3.4 to construct an addition to a pre-existing nonconforming single-family residence within the setback. RFjr seconded the motion and the Board voted to approve the motion by a vote of 5-0.
Approve minutes:
10/07/2015 Members present: Chair Ethan Berg, (EB); Clifford Snyder, (CS), Robert Fuster, Jr., (RFjr); Robert Fuster (RF); Ned Douglas, (ND) RF made a motion to approve the minutes as published and RFjr seconded the motion. The Board voted to approve 3-0-2. AH and SLC abstained as they were not at the meeting.
10/14/2015 Members present: Acting Chair Shawn Leary Considine, (SLC); Robert Fuster, (RF); Robert Fuster Jr., (RFjr); Clifford Snyder (CS); and Al Harper, (AH) RF made a motion to approve the minutes as published and RFjr seconded the motion. The Board voted to approve 4-0.
1028/2015 Members present: Chair Ethan Berg, (EB); Shawn Leary Considine, (SLC); Robert Fuster, (RF); Robert Fuster Jr., (RFjr); and Ned Douglas, (ND) RF made a motion to approve the minutes as published and RFjr seconded the motion. The Board voted to approve 4-0.
RF made a motion that the Board go into executive session to discuss information the Board has received from Town Counsel regarding Elm Court litigation. RFjr seconded the motion and the Board voted to agree by a vote of 5-0.
Respectfully submitted,
Peggy Ammendola
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