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Town of Lenox
Zoning Board of Appeals
Land Use Meeting Room
Minutes
August 6, 2008
Members present: Chair Pam Kueber, PK; Ethan Berg, EB; Shawn Leary Considine, SLC
Absent with notification: Clifford Snyder, CS;
Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, Land Use Clerk, PA
7:00 p.m. Valleyhead, Inc. 79 Reservoir Road, Map 16, Parcel 9, Variance from Section 7.7 for a sign that measures 32 x 30 3/4 inches which exceeds the size allowed in a residential district.
PK advised the applicant that there were only four members of the five member Zoning Board of Appeals present at this meeting. She explained that four votes in the positive would be necessary for the petitioner to be granted a permit and also explained the following options available in the event the petitioners wanted to have five members hear their petitions:
1) The hearing could be continued until five members were available.
2) The applicants could proceed with four members and abide by the deciding vote of those four members.
3) The Mullin Rule could apply. In this case the hearing could proceed tonight and be continued until a fifth member could listen to the audio tape. The five members would then vote at the continued decision hearing.
Ray Crowley, who represents Valleyhead, Inc., chose to proceed with the hearing. Mr. Crowley was the only one present. No abutters were present and only one letter was received.
Mr. Crowley explained that Valleyhead needs a sign to indicate its location. As it is now, people have to call for directions. Often visitors pass by the location before realizing that they have missed the drive. Mr. Crowley pointed out that this is a safety issue as well as inconvenient. He feels the size sign requested would be large enough to see, but not obtrusive.
Frank and Judith Macioge of 120 Reservoir Road sent a letter of support for the granting of the variance.
The Board felt that a hardship was not demonstrated, and therefore could not support the granting of a variance.
Mr. Crowley made a decision to withdraw the petition. SLC made a motion to allow the petitioner to withdraw his request for a variance and EB seconded the motion. The Board voted to agree 4-0.
PK approved the following minutes:
December 12, 2007
April 30, 2008
May 7, 2008
The meeting for August 20, 2008 is cancelled as there are no petitions. The next meeting date is September 3, 2008.
Respectfully submitted,
Peggy Ammendola
Signed and approved – Pam Kueber
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