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Town of Lenox
Zoning Board of Appeals
Land Use Meeting Room
Minutes
December 19, 2007
Members present: Chair Pam Kueber, PK; Shawn Leary Considine, SLC; Cliff Snyder, CS; Daniel Mintz, DM; Ned Douglas, ND
Staff present: Peggy Ammendola, PA, Land Use Clerk
7:00 p.m. 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. Continued from October 17, 2007. Board members will individually participate in a site visit prior to this continued hearing. Continued from November 14, 2007.
Presenting the application was Attorney Phil Heller. Mr. Heller reviewed the application. It was noted that all members went to the site individually following the October 17, 2007 hearing. As a result of the site visit, one member stated that he had issues with the height. John Ineson, representative of Haddad, reviewed the site plan and in particular the heights. He said that the project does not exceed the existing high point.
SLC made a motion to grant the request to modify the Special Permit granted May 14, 1987 and in conjunction with the modifications of the Special Permit and with the signs under Section 7.6(c) as well as Section 6.1.1 and site plan approval provisions of the Bylaw. CS seconded the motion. The Board voted to approve 4-1 with PK casting the dissenting vote. She stated concern with the illumination and the back lit portal translucent panels. She expressed that this appears to be a mass of light that is a sign.
ND will write the decision.
7:30 p.m. Robert and Nancy Dacey, 305 Walker Street (Map 4, Parcel 12). Variance from Section 8.4.2, Minimum Lot Frontage.
Presenting the application was Sarah Steiner of Creative Building Solutions. Mr. and Mrs. Dacey were not present. Also present were Dr. Jerome Errico and Rachel Krawet of 301 Walker St., an abutting property.
The original petition has been modified since the filing.
The Dacey’s purchased this property with an existing home and garage and later demolished the buildings. They have lost their grandfathered status when the home was demolished and they failed to rebuild within two years. Ms. Steiner said that the Dacey’s did not realize that they would lose their status.
The lot is flag shaped and consists of 1.9 acres. The petitioner wishes to rebuild, but move the home further back and position it at an angle to Walker St. There are wetlands in the back of the lot and there is a sewer easement and a building can’t be built over it. The owner wanted to stay 10 feet from this easement.
Ms. Steiner did not know what the square footage of the original home was. The proposed structure, a residence with a garage, would have a footprint of just over 2,000 square feet.
Mr. Errico prefers the house be rotated and squared off. Ms. Krawet stated she felt it would be better for the proposed building to be in line with the other houses on the street and perpendicular to the street.
SLC asked if this home would be occupied by the owner and Ms. Steiner did not know.
SLC felt the angle of the home violated the streetscape. PK felt that it was disingenuous that no one knows the square footage of the demolished home. SLC said that she could not recall the ZBA ever granting a variance for frontage to a lot that did not have a house on it.
PK told Ms. Steiner that she would want to see a certified existing footprint.
Ms. Steiner requested to withdraw the petition. SLC made a motion to permit the applicant to withdraw and ND seconded the motion. The Board voted 5-0 to support the request to withdraw.
Respectfully submitted,
Peggy Ammendola
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