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Zoning Board of Appeals Minutes,08/01/2007

Town of Lenox
Zoning Board of Appeals
Land Use Meeting Room
Minutes
August 1, 2007


Members present:  Chair Pam Kueber, PK; Cliff Snyder, CS; Ned Douglas, ND; Jim Overmyer, JO

Absent without notification:  Shawn Leary Considine, SLC

7:15 p.m. Sagalyn, Jennifer, 40 Sargent Brook Rd., Map 1 Parcel 29, SP under Section 5.5 to remove the existing house and build a new home in the same footprint.  Making the presentation was Rob Akroyd of Greylock Design Associates.  Also present was Jennifer Sagalyn.  

An analysis of the Petition was submitted by Mary Albertson, Town Planner.

Mr. Akroyd and Ms. Sagalyn were advised that because there were only four members of the five member board, all members present would have to agree to the petition in order for the petition to be granted.  They were given the option to continue the hearing until five members were present.  The proponents preferred to proceed.

The project is to raze the existing single family home which is on piers and replace with a new two story structure.  Though there would be small additions to the north and west side, the home would not be in greater non-conformity.  

PK requested clarification regarding the increased square footage of the new residence.  Mr. Akroyd answered her questions to her satisfaction.  

JO made a motion to grant the petition and CS seconded the motion.  The board agreed 4-0.  

JO made a separate motion to add the condition that the applicant is to provide a survey plan prepared by a registered land surveyor to confirm the footprint of the existing house.  CS seconded the motion and the board agreed 4-0.

JO will write the decision.

7:30 p.m. CR Resorts, LLC, 165 Kemble St., Map 7 Parcel 43, Site Plan Review, Modification of Special Permits and approval of Site Plan in connection with construction of ten condominium units.  Presenting the petition was Attorney Phil Heller; Reggie Cooper, General Manager of CR Resorts, LLC (Canyon Ranch); Melanie Paskevich, the architect for the project; and Rob Hoogs of Foresight Land Services; Gaeton LaChance, Development Manager of Canyon Ranch.   

An analysis of the Petition was submitted by Mary Albertson, Town Planner.

Mr. Heller and the applicants were advised that because there were only four members of the five member board, all members present would have to agree to the petition in order for the petition to be granted.  They were given the option to continue the hearing until five members were present.  They chose to proceed.

Mr. Heller stated that the proponents are seeking a modification of previously granted Special Permits and approval of the Site Plan, elevations and Impact Report.  Originally Canyon Ranch was allowed to build 38 units, but over the years they have scaled back to 10.  Mr. Heller reviewed the ZBA decisions from 1990 to now.  They are asking permission to move two of the proposed 10 units north of the carriage road to lessen the visual impact to the abutters.  
Ms. Paskevich reviewed the two design schemes of the units.  They will be a New England style in earth tone colors, stone veneer, cedar shakes and clapboard.  The footprint will be approximately 2700 square feet and 2,000 square feet respectively.  The maximum height will be 30 feet.  Lighting will be low level with no flood, post or motion lights.

Mr. Hoogs reviewed the site plan, drainage and erosion control measures and traffic impact.    He said that there will be minimal impact to the land, trees and neighbors.  The original site plan has been revised as a result of discussions with the Conservation Commission.  He feels that the present project is better because of discussions with neighbors.  

The project has been reviewed with the Fire Chief, Dan Clifford as well as the Superintendent of Public Works, Jeff Vincent.  

Mr. Cooper added that Canyon Ranch has had good participation from the neighbors with regards to meetings and site visits.  He said that once the permits have been granted, Canyon Ranch would like to start construction, build through the winter and be occupied next summer.  

The following letters were read:
·       Fire Chief Dan Clifford
·       Bishop Estates Association, Gregory Whitehead, President
·       Jeff Vincent, DPW
·       Lenox Planning Board

The following abutters spoke:
·       George Haus, 228 Kemble St.,
·       Karen Beckwith, 2 Bishop Estate
·       Don Roy, 225 Kemble Street

There was no opposition and all were pleased with the process.

CS made a motion to grant the petition as presented and approval of the Site Plan.  JO seconded the motion. The Board agreed 4-0.  

Conditions:
1) JO made a motion that the condominium documents regulating the use of the condominium units shall contain a provision that rental of a condominium unit shall be for a minimum rental period of 180 days per year.  ND seconded the motion.  The Board agreed 4-0.
2) CS made a motion that the Lenox Fire Chief shall be involved in the review of the design of the access gate and other related concerns.  JO seconded the motion.  The Board agreed 4-0.
3) ND made a motion that all existing and new trees and screening as proposed (with the exception of non-native invasive trees) shall be maintained and replaced by the petitioner or its assignees.  CS seconded the motion and the Board agreed 4-0.

ND made a motion to adjourn the meeting and CS seconded the motion.  The Board agreed 4-0.

PK will write the decision.

Respectfully submitted,
Peggy Ammendola





 
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