ZBA Minutes
Lenox Zoning Board of Appeals
Minutes
August 22, 2018
Auditorium
Members present: Acting Chair Shawn Leary Considine, (SLC); Robert Fuster (RF); Al Harper, (AH); Clifford Snyder, (CS); Robert Fuster Jr. (RFjr)
Absent with notification: Ned Douglas, (ND)
Staff present: Land Use Director/Town Planner Gwen Miller, (GM); Land Use Clerk Peggy Ammendola, (PA)
MRG CRW Holdings, d/b/a Miraval in the Berkshires, 55 Lee Road in the Residential “R-1A” district (Map 3, Parcel 54 and Map 4, Parcel 71-1) The petitioner seeks to modify an existing Special Permit in order to add a terrace to the mansion, enlarge a parking area at Beecher’s Cottage in a southerly direction, and enlarge the parking area on the western parcel across Route 7/20.
Note: Due to poor acoustics in the auditorium, I was unable to pick up much of the discussion from the audience.
The Notice was read aloud by RFjr.
Attorney Syd Smithers of Cain Hibbard & Myers introduced the members of his team; Chevis Hosea, VP of business development at Hyatt Hotels and other representatives of Miraval; and Steve Mack of Foresight Land Services; and Attorney Smithers’s assistant, Grace Barlow.
There were approximately 15 members of the public present.
Attorney Smithers gave a brief review of the history of the original Special Permit and subsequent modifications with the last approved in 2017 and elaborated on the three proposed changes and the justification for each one.
At this time the applicant wishes to retain the right to build a gatehouse which had previously been proposed to be built in the spring of 2019. At this time a date has not been set.
The increased parking at Beecher’s Cottage is to accommodate the anticipated need for valet parking. It will be landscaped and screened. There will not be an increase in the number of guests staying at the resort. Existing are 59 spaces. In 2017 approval was given to have 82 spaces and this proposal is for 177 spaces.
Parking counts were broken down for the various parking locations. Presently at Miraval there are 468 spaces. In 2017 permission was given for 529. This proposal would bring the total parking spaces to 754.
Attorney Richard Dohoney of Donovan O’Connor & Dodig, LLP who represents FairWynds II at Cranwell Unit Owners Trust, which includes four residences, requested that there be seven conditions should the Board grant the Modification to the Special Permit. He has spoken with Attorney Smithers and proponents and has reached some consensus regarding the owners’ concerns. Each condition was stated and Attorney Smithers was in agreement with all but two. They were as follows:
Attorney Dohoney suggested that the black top area where the golf carts are currently parked be removed and replaced with grass or shrubs. Attorney Smithers said that he did not have the authority to agree to this.
The parking lot entrance on Woods Lane be closed with a divider and replaced by a new road originating on FairWynds Drive, just east of Beecher’s, running behind Beecher’s to the expanded parking lot. Attorney Smithers would not endorse that condition.
Attorney John Gobel stated that he represents FairWynds which is different from FairWynds II. He said that he and his clients have had the opportunity to discuss this project with Miraval and Attorney Smithers and have reached a number of agreements. He and his clients essentially support the petition as it is now with certain understanding that there be conditions to go into the record to be a part of the permit. Included, but not limited to, are setbacks at the two cottages that are under construction and fifty foot setback of valet parking at Blossom Hill. Attorney Gobel will put terms in writing and provide to Attorney Smithers.
Miraval’s application was passed to the audience for them to see.
Letters read into the record:
George Jordan: He believes that there is a “No Build” on the west side of the Cranwell property.
Curt Pader: He is concerned about the parking increase and the lack of lawn and trees
J. Carroll (2): He would like to see a photometric plan indicating lighting levels. He is concerned about the change in appearance of Cranwell Hall with a new elevator and the proposed enclosed walkway from other buildings to the south side of the “tower”.
Lauren Wolf, 13 Blossom Hill: She is concerned about drainage downhill from the hotel building(s) to her property.
CS asked why additional parking was needed if they are not increasing units or hotel capacity. The response was that it is to be able to accommodate for events at the property, e.g., a wedding at the same time as a golf tournament.
Public comment:
Richard Budson, 10 Woods Lane: Concerned about removal of trees for parking.
Lois Shottenstein, Blossom Hill::Concerned about the views from her property, i.e., construction of new cottages and Miraval development.
David Abramson 20 Woods Lane: Concerned about lighting of parking lot and the impact on the residents. He suggested that parking be on other side of Route 20 and asked about employees parking. He stated that they did not get notice of this hearing. In closing he asked the Board to approve their proposal for a road behind Beecher’s.
Chris Hodgkins: He said that the Commonwealth has not given final approval on the tunnel that is to go under Route 20 and that that this permit should be contingent upon that. He asked that there be plans for landscaping, screening and lighting.
The concerns addressed in the letters and public comment were addressed by representatives of Miraval as well as Mr. Mack. Attorney Smithers responded to George Jordan’s belief that there is a “No Build” restriction by saying that he has represented owners of this property for a number of years and does not recall this restriction. He will look into this.
GM addressed the comment that some property owners did not receive notice of this hearing by saying that over 200 notices were mailed out to the mailing addresses owners had supplied to the Assessor’s office and a handful had been returned to the Land Use office due to insufficient address or forwarding orders had expired. SLC advised those present that if they are having their tax bills mailed to someone other than to themselves, e.g., accountant, attorney etc., to make sure that any hearing notices be sent to the homeowner.
The consensus of the Board was that there should be a site visit. RFjr asked the proponents to provide parking and lighting plans. AH said that issues brought up at tonight’s meeting had been previously litigated and resolved, so he asked that they not go back to old grievances. The proponents were also asked to provide a more comprehensive chart on parking for ease of reading.
RF made a motion to have a site visit scheduled for September 4th at noon and to continue the hearing to October 2nd at 7:00 PM. CS seconded the motion and the Board voted to agree 5-0.
Attorneys Dohoney and Gobel will provide to what they agreed.
The meeting was adjourned at 8:35 PM.
Approve Minutes: The minutes of August 1, 2018 were approved by consensus.
Respectfully submitted,
Peggy Ammendola