Town of Lenox, MA - Zoning Board of Appeals Minutes,10/17/2007

JO was present to continue the Buccaneer Public Hearing. After that hearing was continued, JO left the meeting and ND sat for the remainder of the meeting.

Buccaneer Development, Inc., 12 East St., Map 4 Parcel 34, SP under Section 9.6 to construct 16 duplex buildings containing two dwelling units and two buildings each containing one single family dwelling unit. Units restricted to person 55 years of age or older. Continued from August 15, 2007, September 5, 2007, and October 3, 2007.

PK reopened this hearing to establish a date, time and location for further continuance. Present to represent Buccaneer was Attorney Felicity Hardee and Sarah Schulze of SK Design.

The motion was made by SLC to continue the hearing to November 14, 2007, at 8:10 pm with the location being the Town Hall Auditorium. DM seconded the motion and the Board agreed 5-0.

Ms. Hardee advised the Board that she has delivered revised plans both the Planning and Zoning Boards and mailed to abutters sets of the revised plans.

Ms. Hardee and PK explained to those present that when the Public Hearings for Buccaneer (Planning and Zoning) are closed, the Boards will each have 90 days to render a decision. Letter stating this dated October 17, 2007 was hand delivered by Ms. Hardee and put into the file.

7:15 p.m. Greylock Greylock Federal Credit Union, Modify a Special Permit Section 5.5, Site lighting, 444 Pittsfield-Lenox Road. Property is in the C-1A Zone (Map 50 Parcel 12). SLC disclosed that she and her husband own the building in Lee which houses both their offices and Greylock Federal Credit Union. No one objected to her participation in this hearing.

Presenting the application was Kent Hudson of Greylock. He said that the new ATM at Nejaimes’s is now opened for business. Currently there are two flood lights on the Nejaimes’s building. Greylock wants to put in adequate lighting for safety. There would be two double canisters, each down lights at each entry, and three single lights. The lights would be on five poles each 14 feet in height. This lighting will light the entire parking lot and benefit the other businesses.

There have not been any complaints, but the applicants feel that the existing lighting is not sufficient and they are concerned about the safety of individuals in the parking lot.

SLC felt it would be helpful that the Board members drive by to observe the existing lighting. Also the Board asked Mr. Hudson to provide at the next meeting an estimate of the lumens for the proposed lighting as outlined and limited within the Zoning bylaw.

It was noted that DM will be unable to attend the November 7 hearing. Mr. Hudson agreed to proceed at that time with four members versus the five.

Toole Properties 2001, Inc., 439 Pittsfield Road, Map 1 Parcel 33, Review of September 6, 2006 Decision. Originally scheduled for September 19, 2007, but screening plan, the purpose of the review was not available.

Attorney Phil Heller was present for the pre-determined review regarding screening for this project known as the Hampton Inn. Mr. Heller asked for a postponement because the project is still in process and until grading is done. He provided photographs to show the progress, and suggested a site visit when the project is completed.

SLC made a motion to continue the hearing to April 2, 2007 at 7:05 pm, and that the Board members should individually drive by prior to the review. CS seconded the motion. The Board agreed 5-0.

G & L Realty, LLC, d/b/a Haddad Toyota Hyundai Jeep, 526 Pittsfield Road (Map 33, Parcel 7). Modification of a Special Permit to expand approximately 2,200 square feet. Also requesting six signs totaling 99.9 square feet.

Mr. Heller gave an overview of the proposed project which requires a modification of a Special Permit that was granted May 14, 1987. The changes the proponents wish to make involve the removal of a vestibule and replacement with a portal. Additional new signage is also requested. The changes are mandated by Toyota and all of the Toyota dealerships must comply as part of their national program referred to as Image USA II. Once Mr. Haddad complies, he will be awarded a Scion dealership.

The proponents met September 25, 2007 with the Planning Board to review the project. The Planning Board had concerns with regards to the proposed signage which exceeds the square footage allowed by the Zoning Bylaw. Mr. Haddad approached Toyota to request a reduction in the signage and as a result the signage request has been reduced by 20 %. Mr. Heller presented a second addendum which shows the detail of the original proposal for signage as well as the reduction. There are two existing directional signs (24 square feet) stating “Body Shop” that are to be removed. Two existing free standing signs, one Toyota of 59 square feet, and the other a Hyundai sign of 26 square feet will remain.

Mr. Ineson presented the plans and façade improvements which includes aluminum (flat, not shiny) panels, existing masonry and stucco. The height of the building will increase by 6”. The existing wall pack lighting will be removed and no building mounted lights will be on the new façade. The translucent glass panels on the portal will be back lit.

Mr. Carey described the portal entrance system that is made up of 4 foot panels with light fixtures behind the panels. The system reduces the brightness of the light and produces a consistent uniform glow. He demonstrated the light with a fixture that will be used and a small panel of the translucent material.

Mr. Hoogs said that the existing site plan is not changing. The vestibule of 100 sf will be removed thus the net square footage which includes the portal will be 2100 sf.

Mr. Limon gave an overview of Toyota, and the profile of the purchasers of the Toyota products. He said that studies demonstrate that the purchaser will try three stores before “landing” at the one with the best ambiance. Upgrades are occurring at all dealerships and Toyota wants to bring Mr. Haddad’s dealership into compliance.

Mr. Heller said that the objective of the Master Plan for the Town of Lenox is to foster growth of existing businesses. The changes which are mandated by Toyota will allow Mr. Haddad to keep up with the competition.

Mr. Haddad told the Board that his family has been in business for over 70 years and in 1969 moved to the present location. In 2006 his dealership sold 2,000 new and used cars and serviced 23,000 vehicles. They have 75 full time employees and ten part time employees with a pay roll of almost $4 million. In 2006 his company paid $22,000 in taxes to the Town of Lenox and year to date is $18,000. The dealership sponsors 20 golf tournaments and donates $18,000 to $20,000 a year to charities. The cost to Mr. Haddad for becoming Image USA II compliant is approximately $1,000,000.

Mr. Haddad said that there will be no signage on the western side and he has no intention of putting signage there in the future. He said that when he approached Toyota regarding the Planning Board’s comments on the excessive signage, they agreed to have smaller signs customized to address the comments. Mr. Haddad stressed his desire to work with the Boards and their concerns.

The Board members determined that there should be a site visit and the hearing should be continued. The members would individually view the site. SLC made a motion the hearing be continued to November 14, 2007 and DM seconded the motion. The Board agreed 5-0.