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Zoning Board of Appeals Minutes, 01/02/2008

Town of Lenox
Zoning Board of Appeals
Land Use Meeting Room
Minutes
January 2, 2008

Members present:  Chair Pam Kueber, PK; Clifford Snyder, CS; Ned Douglas, ND; Harold Brown, HB; Jedd Hall, JH

Also in attendance was Peggy Ammendola, Land Use Clerk (PA)

Hillcrest Educational Centers, Inc., 214 & 242 West Mountain Road (Map 27, Parcels 22 & 23)  Special Permit under Section 5.5 to allow the construction of a 3,275 square foot addition on the west side of the building.  

Presenting the application was Attorney Phil Heller.  Representing Hillcrest were the following:
Gerald Burke
Jim Sorrentino
Jim Scalise of SK Design Associates

Mr. Heller presented a site plan, aerial view and photos of the 23.8 acre campus which consists of six buildings.  There are 53 resident students and a 140 member staff.  The maximum number of staff for one of the three daily shifts is 60.  Addressing Section 9.18 of the Zoning Bylaw which requires a 200 foot buffer between any structure and the property line, Mr. Heller said that Mass Audubon property bounds Hillcrest on three sides and that because there is a buffer of 200 feet of non activity this project is in technical compliance.  This expansion will result in only three additional students.  There are 72 parking places.  The density allowed is 4%.  Currently the density is 2.3% and with the addition the density would be 2.6%.

Mr. Scalise discussed the impact statement and addressed the following:
        Sewer: Flow would not be a problem.
        Wetlands: There are wetland areas on the property but not within the location of        the project.
        Parking: There are 12 more parking spaces than are required.
        Screening: Existing screening is adequate.
        Lighting: There will be no new lighting except for emergency lighting on the proposed addition.

A letter dated January 2, 2008 from Jeff Vincent, DPW Superintendent was read into the record.  It stated that based on the additional 120 gallons per day of water and sewer flow the Town’s water and wastewater systems will not be adversely affected.

Mr. Sorrentino said the addition which would include three new classrooms and a nurses’ station would be in compliance with the ADA.  Presently there are 9 students in a class, but with the additional classrooms there will be seven students per class. Mr. Sorrento presented elevations of the project.

Mr. Burke, employed by Hillcrest for 23 years, gave a brief description of purpose of the High Point campus which is within the Hillcrest Education Centers.  High Point is one of four campuses and it has a comprehensive program for young people within the ages of 12 to 19.  It is a residential facility that provides care seven days a week for 24 hours a day.  The residents have significant educational needs.

CS made a motion to close the public hearing and HB seconded.   The Board agreed 5-0.

CS made a motion to grant the Special Permit as presented.  HB seconded the motion and the Board voted to agree 5-0.
No other letters were received nor were any abutters present.

7:15 PM Gennaro Gallo, 15 Franklin Street (Map 43, Parcel 83) Special Permit under Section 5.5 to construct an addition (13 feet x 35 feet) to the pre-existing apartment units located on the second floor.

CS disclosed that he owns property at 86 Church, Map 43 Parcel 113.  (This parcel is within 300 feet of the subject property.)  The applicant was given the opportunity to oppose CS’s participation in the public hearing, but he chose to proceed.  

Mr. Gallo stated that an addition was added to this structure approximately 10 years ago and he was not required to go before the Zoning Board of Appeals.  Therefore he assumed that he did not have to submit a petition to the ZBA for this project.  

PK disclosed that she had received a letter from Andrea Winter, Chair of the Historical Commission, in which she stated that the addition to this structure should be reviewed by the Historic District Commission as the addition will be visible.  Mr. Gallo said that he had been before the HDC with regard to the roof and other aesthetics that are visible and had their approval.  

A letter of support from Nate Winstanley, an abutter, was read into the record.  Two other citizens were present.  Bruce Evenchek, an abutter, fully supported the project and commended the Gallos for the past improvements they have made to the property.  Jim Biancola also expressed satisfaction with previous improvements, but wants the HDC to review.

It was agreed that the petitioner, Town Planner and HDC would review to see if this falls within the purview of the HDC.

The roof needs to be replaced and in order to do so structural problems need to be remedied.  The addition will be to increase the size of the two existing apartments; making larger living rooms, but each will remain two bedroom units.  This addition extends the existing second floor to the same dimensions as the first floor.  The pitch of the roof is 7 to 12.

JH made a motion to grant the petition as presented for the construction of an addition (13 feet X 35 feet) to the pre-existing apartment units located on the second floor.  CS seconded the motion.  The Board approved 5-0.

Minutes approved: December 19, 2007

Respectfully submitted,
Peggy Ammendola 



 
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