ZBA Hearing Minutes
Date: March 25, 2010
Hearing began at: 3:00pm
Members Present: Robert Gauthier, Chair, Robert Lazzarini, Vice-Chair, Fred Chapman, Clerk, Cynthia Weber and Dean Amidon
Also present: Peter Pucilowski, Attorney for KSA, Stanley Ross (ZBA Alternate), Marc White (owner of KSA), Fred Vorck (Lake Buel Prudential Committee), Peter Pucilowski (attorney for KSA), James Caron (abutter), Stan Rossier, Don Bernard, Dennis Downing (attorney for the Ehrlich’s), David Ehrlich (abutter) and Jodi & Larry Raffa
The hearing began with Robert Gauthier, Chair, explaining the hearing process and then Fred Chapman, Clerk, read the legal notice and letters from the Planning Board, Conservation Commission, Board of Health and interested parties.
Peter Pucilowski, Attorney for KSA presented the case for KSA requesting permission to take advantage of the new Monterey Bylaws to run activities year round. Peter stated that they are looking at the “shoulder seasons” to supplement income. Right now the current heat source in the main building would not suffice for the winter months. A sketch was provided for the proposed new parking area near the field house (which will not be heated and therefore not used year round). The proposal is for an additional 136 parking spaces. Peter stated that our hotel/motel parking bylaws are very strict. He stated that they are proposing an off-season cap of 250 guests. They hope to host corporate meeting and high school team events as well as weddings. They are also agreeable
to a limitation on the number of events allowed that have more than 100 guests. Receptions would be held in the lodge or immediate area since that is where the cooking facilities are. The nearest abutter to this building is Mr. Carron and it’s less than 1000feet but he was unsure of the exact number.
Peter and his client are concerned with the request by Mr. Ehrlich for off-season access to the property to come in at the Appalachian Trail entrance and not the main entrance. It was confirmed that since KSA has owned the property the main entrance is the one that has been used and upgraded to the satisfaction of the Fire Chief.
Peter confirmed that there wouldn’t be any activities in the off-season that involve all terrain vehicles or guns.
Peter summarized that there are 8 winterized cabins; the lodge has space heaters but no central heating. The 250 cap they are suggesting wouldn’t include staff. They agreed that prior to winterizing any other buildings or cabins they would seek permission from the town and building department.
The Board asked how the camp would satisfy the Planning Board’s request for winter maintenance. Peter stated that there is a caretaker that lives on the property year round and currently plows the main entrance (about 1500 feet from Lake Buel Rd). Dean asked if there was a generator; Jodi stated that there is a portable one.
Cynthia had concerns with the driveway. She asked if it was considered a single lane road. Marc stated that there are turn outs which allow 2 cars to pass which was required by the Town of Gt. Barrington.
Robert Lazzarini asked why the Ehrlich’s had a preference for the 2nd entrance vs. the entrance currently being used. Dennis Downing stated that the more activity there is has the possibility of adversely affecting the Ehrlich’s legal right of access. Marc stated that if the entrance David is suggesting was used it would actually impede more of Mr. Ehlich’s right of way. The Ehrlich’s purchased their property in 2008 prior to KSA’s first operating season.
James Caron added that an added amount of activity and use of the current road could have an adverse affect on cars backing up on Lake Buel Rd because the current road is not a two lane road. The improvements made when Marc purchased the property have definitely been an improvement but there are still other improvements that should be made.
KSA offered to have a calendar with all events listed on their website which would have events shown at least one month out.
James Caron, abutter on the southeasterly side of the camp provided a letter with suggested conditions and explained the impact on him as an abutter. He stated that his family has owned the property since 1936 and his family actually were the first to operate it as a summer camp. He’s very supportive of summer camps but as an abutter is concerned about safety, noise, traffic and protecting the pastoral nature of the setting. He’d like to see the activities listed and this way nothing could be expanded to other uses or activities without additional permission from the town. He also asked for guarantees for the abutters that have an easement. KSA currently pays for all the maintenance of the road and a sharing agreement is being worked on but hasn’t been finalized.
Robert Lazzarini asked Marc about his business plan and distribution of weddings vs. corporate meetings. Marc thinks the market for a “camp style wedding” would be about 10 a year. He is unsure about the market for corporate events. Marc plans to live on the property as well and doesn’t want the nature of the property to change either. Robert asked if any of the properties would be rented to skiers or such in the winter months. Marc anticipates renting the cabins for weekends or the week.
Dean asked if Marc would be renting to seasonal employees.
Don Bernard, prior owner of the property and Mr. Ehrlich’s house. He stated he asked for year round use in 2000 and was granted it by the ZBA (this has not been confirmed). He stated that noise, flow of traffic, etc were never a problem when he owned the property and hosted events and weddings. He stated he never had a complaint about events held there. Don stated that Mr. Carron owns property and has beach access but does not own a house near the KSA property and doesn’t understand why he’d be concerned about traffic. He feels it would be unfair to place any limitations on the number of events or amount of people. He stated that the current road which was upgraded was approved by 3 different towns.
Robert asked who owned Deerwood Park Drive. Peter stated that it’s a private road and all agreed that they believed KSA owns the road.
Fred Vorck stated that he came to hear what KSA wanted to do off-season and he’s satisfied with the proposal. He’s not an abutter but is part of the Lake Buel Prudential Committee.
David Ehrlich, abutter, stated that he is the most affected by this special permit if it were to be granted. The road is used frequently by himself and he suggested use of the other entrance because he’s concerned with the added strain on the road and maintaining the integrity of the area. When the property was purchase only summer camps were allowed. Mr. Ehrlich is concerned that any approvals today will affect future proposals and he pointed out that Marc may not also own the camp and any changes approved today will pass on to a new owner and if there are specifics on the limitations and such, it’s possible to have it change dramatically. David stated that the road has limitations in the winter in its current state.
Fred asked if there have been any events held there other than the summer camp. Marc has not. Fred asked if there was an alcohol license. Marc stated that it’s their intention to have the caterer’s apply for one day permits. David was asked if there were ever any problems with traffic in the summer. David stated it’s hectic. Marc stated that they want to be good neighbors.
Peter Pucilowski provided the Board with a draft of conditions they are amenable to.
Jodi Raffa, Business Manager of KSA stated she’s available to the community to assist them whenever possible. She stated that at the camp they had in NY had minimal traffic. Lorenzo Raffa, Director of Maintenance of KSA stated that his staff is instructed that when they see another car coming on the road they are to pull over and give the right of way to the other cars.
Marc stated that if they are restricted so much that they are unable to operate, the neighborhood could end up with worse neighbors.
Robert Gauthier stated that he feels the camp is an asset to our community. Bob also added that the camp that currently operates year round is allowed to do so because they have run year round continuously prior to zoning and are therefore grandfathered. Fred stated that when you live and drive in the Berkshires in the winter you need to take proper precautions like using winter tires, driving an AWD or 4WD vehicle.
At this point the Board closed the public portion of the meeting and began deliberations. The following findings were made:
1. The applicant operates a summer camp in Monterey pursuant to a special permit issued in March 2008.
2. The relevant section of the bylaws is IV.B.2.e as amended in April of 2009.
3. This extension is sought in the Agricultural-Residential District but the camp also exists in the Lake Shore District. The use is allowed in both districts.
The Board made the following conditions:
1. The Fire Chief and Emergency Services must approve the access and safety of the road for year round access.
2. Adequate and suitable parking must be provided and flagmen should be provided for events involving 15 or more cars.
3. Non-camp activities are limited to 250 people per activity and 150 overnight guests.
4. Further winterization would constitute an expansion of use and would require further approval.
5. No activities involving firearms, ATVs or snowmobiles are permitted.
6. The non-camp activities conducted in the field house are limited to basketball, tennis and exercise classes.
The Board took a vote to approve the request to extend the use to other seasons of the year as submitted with the above mentioned conditions. It was unanimously approved to grant the special permit.
The hearing concluded at 4:47pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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