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Record of Proceedings

Zoning Board Hearing for Elm Court (Encore) Development – September 16, 2026

Selectboard & Town Boards — Wednesday, September 16, 2026
BodyLenox, Massachusetts
SessionSelectboard & Town Boards
DateWednesday, September 16, 2026
StatusFILED
Video Record
0:00 / 2:06:28

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

0:00

Good evening, everyone.

0:02

This is working much better than last time.

0:06

So it is 701 p.m.

0:08

on Wednesday, September 16th, and I am calling this meeting of the zoning board to order.

0:15

Sitting on the board tonight to my far right is Al Harper.

Unassigned speaker

0:18

To

Speaker 1

0:19

my right is Christine Conklin, Daniel Shanker on my left, and Arthur Oliver on my far left, and I'm Robert Fuster, share of the board.

0:27

It does sound like this is working better than last time.

0:31

But before we even get going, I want to make it clear that this hearing is primarily for the zoning board to hear what's being said.

0:39

I know a lot of people have issues hearing last time.

0:43

It's a big room.

0:45

Might not have the best acoustics, and I see a lot of empty chairs up front.

0:49

So I'm going to urge everybody to move closer.

0:56

If you're in the back row, I don't want to hear you can't hear when there are seats right here.

1:00

So strongly advising everybody to move forward.

1:04

With that being said, this is the continuation of the hearing regarding three channels at Stockworth Road, also known as Encore.

1:13

And I am going to turn this over briefly to petitioners to begin with.

1:21

However, we do have some of the towns experts here tonight as well as towns official.

1:26

And I am going to primarily have them begin because they're they're donating the time to be here.

1:34

So I'll just address petitioners and ask if there's anything you wish to add before we start calling our people.

Unassigned speaker

1:42

And

Speaker 1

1:43

definitely speak through the microphone.

Speaker 2

1:45

All right.

1:46

We uh had some learnings last last time.

1:48

Can you hear me?

1:49

It's not on, I don't think.

1:53

Okay.

1:54

Can you hear me now?

1:55

Yes.

1:55

Okay.

Speaker 3

1:56

Please identify yourself for the record, sir.

1:58

I'm sorry.

1:59

We know who you are, but for the record, which is

Speaker 2

2:01

the record.

2:01

My name is Steve Benson.

2:03

I'm the CEO of Vanderbilt Berkshire's estate LLC.

2:06

It's a pleasure to be here once again before you.

2:09

Um we don't have anything really at the front end to say.

2:12

We do want an opportunity to respond to some questions that were posed to us.

2:18

Uh, but we understand the priority of the CD first and foremost is to review the traffic.

2:23

And uh so without further ado, we can certainly uh start that.

Speaker 1

2:28

Thank you.

2:30

Uh one of the people here tonight.

Unassigned speaker

2:36

Thank

Speaker 1

2:37

you.

2:37

Uh one of the people we have here tonight is uh fire chief who graciously accepted our invitation.

2:43

Um the police chief, would you want

Speaker 4

2:44

to hear from as well because he's on vacation, so that'll be the next hearing.

2:47

Uh

Speaker 1

2:48

but chief, if you don't mind coming up, let's try to get you out of

Unassigned speaker

2:52

here.

Speaker 5

3:03

Uh Fire Chief Robert Casucci.

3:05

Uh opportunity to review the plans.

3:07

Uh there are no major issues for us as far as fire public safety.

3:12

Um any concerns you did have that I can address as far as fire code and things like that.

3:17

Uh-huh.

Speaker 3

3:19

Uh Chief, uh, thank you for being here.

3:21

Um thank you for reviewing all of these meetings um uh and um uh documents that have been submitted.

3:29

I I have a few questions that I think will help clarify some concerns that I have uh regarding uh the services uh that uh uh your office is uh prepared to uh provide.

3:42

Um can you tell us exactly what uh you think that uh your obligation uh to uh provide fire and uh emergency services uh to uh the Elmport uh development are?

Discussion Breakdown — Share of Meeting
Transportation Safety█████████████████17%
Water And Wastewater Management████████████████16%
Historic Preservation██████████████14%
Affordable Housing█████████9%
Economic Development████████8%
Community Engagement████████8%
Procedural███████7%
Public Engagement██████6%
Engineering And Infrastructure████4%
Summary of Proceedings

Zoning Board Hearing for Elm Court (Encore) Development – September 16, 2026

The Lenox Zoning Board held a continuation of a hearing for the proposed luxury resort and residential development at Elm Court (also referred to as "three channels at Stockworth Road" or "Encore") by Vanderbilt Berkshire's Estate LLC. The meeting focused on testimony from town experts (Fire Chief, DPW, and peer review consultants) and the applicant's presentation on project benefits, infrastructure improvements, and residential guidelines. The public also provided comments. The hearing was not closed; a further meeting is scheduled for October 7, 2026.

Public Comments & Testimony

  • Penny Claime (speaker name unclear, address not stated): Expressed concern that the project would make Lenox unaffordable for current residents.
  • Judy Moss (77 West Street, Lenox): Argued that the project’s benefits to Lenox are minimal (only $10,000/year in property tax, little sales tax), raised parking concerns (50 employee parking spaces for 100+ workers), and questioned the source of workers and the impact of 38 new luxury homes on the character of the area.
  • Michael Lucia (261 Old Stockbridge Road, Lenox): Referenced a Berkshire Eagle article about Great Barrington rescinding a similar special permit; urged the board to retain authority to rescind permits if no action is taken. Suggested voting no on the amendment and instead requiring a new permit.
  • Wayne (last name not given, Frothingham Crossing): Questioned whether a building permit from 2022 was still valid after three years with no work, and whether the $4 million infrastructure estimate from 2015 remains accurate given inflation. Expressed skepticism about the project’s financial viability.
  • Scott Short (21 Cardinal Studio, Lenox): Spoke in favor of the project, noting that tourism is the core of Lenox’s economy and that several new lodging projects in the region (totaling $1 billion) are closer to New York City, making competition strong. Encouraged approval to preserve Elm Court.
  • Jean (last name not given, not identified): Stressed that the primary benefit to Lenox is the preservation of the historic Elm Court mansion, which has been deteriorating for decades. Expressed support for the project.
  • Joanny Thomas (Lee, MA): Voiced strong support for the project, calling the applicant team “Miss Law’s dream team” and emphasizing the historical significance of Elm Court (Treaty of Versailles drafted there, visits by Churchill and Roosevelt). Urged the board to find a way to approve.

Discussion Items

  • Fire Chief Robert Casucci: Confirmed that proposed road widths and access are adequate for emergency vehicles. Fire flow testing at the manor house showed insufficient pressure for upper floors; applicant agreed to install fire pumps and other measures to meet code. The chief noted that Stockbridge Fire Department is the primary responder, but Lenox provides backup via mutual aid. No major safety concerns were identified.
  • Bill Gopp (DPW): Presented water and sewer capacity: town’s approved water withdrawal is 0.76 million gallons per day (average current use 0.54 million); proposed use is 0.025 million gallons per day—well within capacity. Sewer plant is permitted for 1 million gallons/day, currently treating 0.5 million. The applicant will replace the water main from Hawthorne Road to Elm Court (6,000+ feet of 8-inch line) and extend sewer service to the property, including a force main and low-pressure sewer that adjacent homes could connect to. Connection and usage fees will generate revenue; the enterprise fund will see a net benefit. The work will require several months of construction on Old Stockbridge Road.
  • T Bond Peer Review (Traffic, Water/Sewer): The traffic study was satisfactory after the applicant collected additional counts during a Tanglewood event; the incremental impact during special events is minimal. Water/sewer comments were addressed, though final construction drawings need to be reviewed. A recommendation was made to include conditions for post-approval review of detailed designs.
  • Applicant Presentation (Steve Benson, Rick Pizer, David Hamilton):
    • Project benefits: Full renovation of the 55,000-square-foot, 140-year-old Elm Court mansion (103 original rooms, 23 hotel suites); exterior and interior restoration; new sprinkler system, elevator, and ADA access. Conservation easement on 40% of the land. Walking trails and public access. Annual economic impact of $3.8 million in visitor spending in the greater Lenox community. Infrastructure improvements: $4 million for new water main and sewer line, to be paid by applicant.
    • Residential component: 38 home sites (4–10 million each) to be sold as lots under a condominium master; owners will have access to hotel amenities. Design guidelines are being developed; applicant agreed to a condition requiring board approval of final guidelines before construction.
    • Parking: 218 spaces across 64,000 square feet.
    • Employment: 100–125 direct full- and part-time jobs at the hotel.
    • Rental guidelines: Short-term rentals limited; 24/7 on-site manager with eviction authority; quiet hours 10 PM–7 AM; no parking on access drives.
    • The applicant clarified that the $100 million project cost does not include home construction; $4 million infrastructure figure is current estimate but applicant remains obligated regardless of cost escalation. They agreed to post a bond for remaining work before building permits, and no occupancy certificates until the mansion renovation is complete.
  • Board Discussions: The board clarified its purview—cannot consider economic viability or funding sources. A condition was discussed requiring applicant to submit final design guidelines and construction drawings for board and DPW approval. The board also noted that the 2015 special permit had been found to have been exercised due to some work, and the board retains authority to rescind permits if no action is taken.

Key Outcomes

  • The hearing was continued to October 7, 2026 at 7:00 PM in the same room. Evidence remains open.
  • The applicant agreed to provide final water/sewer construction drawings for peer review and to post a bond for any remaining mansion renovation if building permits are sought for other structures before renovation is complete.
  • The board indicated it will likely impose conditions for approval of design guidelines and infrastructure designs before construction begins.
  • The minutes from the August 19, 2026 meeting were approved unanimously.

Meeting Transcript

Good evening, everyone. This is working much better than last time. So it is 701 p.m. on Wednesday, September 16th, and I am calling this meeting of the zoning board to order. Sitting on the board tonight to my far right is Al Harper. To my right is Christine Conklin, Daniel Shanker on my left, and Arthur Oliver on my far left, and I'm Robert Fuster, share of the board. It does sound like this is working better than last time. But before we even get going, I want to make it clear that this hearing is primarily for the zoning board to hear what's being said. I know a lot of people have issues hearing last time. It's a big room. Might not have the best acoustics, and I see a lot of empty chairs up front. So I'm going to urge everybody to move closer. If you're in the back row, I don't want to hear you can't hear when there are seats right here. So strongly advising everybody to move forward. With that being said, this is the continuation of the hearing regarding three channels at Stockworth Road, also known as Encore. And I am going to turn this over briefly to petitioners to begin with. However, we do have some of the towns experts here tonight as well as towns official. And I am going to primarily have them begin because they're they're donating the time to be here. So I'll just address petitioners and ask if there's anything you wish to add before we start calling our people. And definitely speak through the microphone. All right. We uh had some learnings last last time. Can you hear me? It's not on, I don't think. Okay. Can you hear me now? Yes. Okay. Please identify yourself for the record, sir. I'm sorry. We know who you are, but for the record, which is the record. My name is Steve Benson. I'm the CEO of Vanderbilt Berkshire's estate LLC. It's a pleasure to be here once again before you. Um we don't have anything really at the front end to say. We do want an opportunity to respond to some questions that were posed to us. Uh, but we understand the priority of the CD first and foremost is to review the traffic. And uh so without further ado, we can certainly uh start that. Thank you. Uh one of the people here tonight. Thank you. Uh one of the people we have here tonight is uh fire chief who graciously accepted our invitation. Um the police chief, would you want to hear from as well because he's on vacation, so that'll be the next hearing. Uh but chief, if you don't mind coming up, let's try to get you out of

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