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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Lenox Zoning Board of Appeals Meeting on Elm Court Petition - October 7, 2026

Selectboard & Town Boards — Wednesday, October 7, 2026

BodyLenox, Massachusetts

SessionSelectboard & Town Boards

DateWednesday, October 7, 2026

StatusFILED

Video Record

0:00 / 1:41:53

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

Speaker numbers apply only to this recording.

Speaker 1

0:00

I said good evening everyone.

0:01

It is 7.01 p.m.

0:03

on Wednesday, October 7th, 2026.

0:07

And I am calling this meeting of the Linux zoning board of appeals to order.

0:12

We only have one matter on for the public today, which is the continuation of the 310 Old Stock Ridge Road, aka Elmcourt petition.

0:23

We are hoping that we'll be able to resolve this matter tonight.

Unassigned speaker

0:29

If

Speaker 1

0:30

we're still going on at nine o'clock, I'm going to ask how much longer people think it's going to take.

0:34

And if it's only going to be like an hour or so, we're going to finish tonight.

0:40

That being said, I will.

0:44

Well, normally I would go back to the petitioner to let them conclude and do the public hearing, but we do have our police chief here who is here at our request.

0:52

So I am going to invite the chief up and take care of him first.

0:57

That way, if he wants to leave, he can do that.

Unassigned speaker

0:59

Do

Speaker 2

0:59

you want all our names on record?

Speaker 1

1:01

Oh.

1:02

Not really, but okay.

1:04

And also uh, because I'm forgetful tonight, sorry, I just got out of work.

1:08

Uh sitting on the board tonight to my left is Daniel Shanker.

1:11

To my immediate left is Arthur Oliver.

1:13

To my right is Christine Conklin.

1:15

To my far right is Al Harper, and I'm Robert Fuster, chair of the

Unassigned speaker

1:19

board.

Unassigned speaker

1:22

Um

Speaker 1

1:23

so with that being said, uh I would like to invite our police chief up, please.

1:28

We have microphones over there if they're working.

Unassigned speaker

1:45

That's one.

Speaker 1

1:51

All right.

1:51

Well, good evening and thank you for coming.

1:54

Um I know members of the board have some questions for you, so I will turn this over to Al Harper to begin.

Speaker 3

2:01

Uh good evening, Chief.

2:02

Thank you for uh taking your time to be here.

2:05

Um of the questions that I have uh that's very similar to the questions I asked of the uh fire chief.

2:12

Uh uh what is our relationship uh between the Linux police department and the Stockbridge Police Department?

2:19

Uh do we cover for them regularly, or is that uh a jurisdictional line that doesn't get crossed?

Speaker 4

2:26

Oh,

Speaker 5

2:26

we could it get across.

2:27

We have a mutual aid agreement, so if we need help, they come over to us if they need help, we've over there.

2:32

So there's already a mutual aid agreement

Speaker 3

2:35

in place.

2:35

Okay, but if if something happens in Stockbridge and they call happens to come in to uh uh Linux dispatch, does Linux respond automatically, or do we wait until Stockbridge asks for help?

Speaker 5

2:48

If it's a call in Stockbridge, they will get the call first, and then usually the dispatchers will say depending on the severity of the call, whether they want an assistance from us or something to that resolve meet up at dispatch, depends on the severity of the

Speaker 3

3:02

okay, and there's a set protocol for that.

Speaker 5

3:04

Yes.

Speaker 6

3:04

Okay.

Speaker 3

3:05

Um are you uh familiar with the development, uh proposed development at Elm Court?

Speaker 5

3:11

I am

Speaker 3

3:11

okay, and um my concern uh is that uh there are three separate uh instances where Linux might be uh asked to respond to, and I want to know that uh we have the capacity to do that uh without uh providing additional services in terms of manpower or uh equipment uh that uh you feel that uh you're adequately staffed right now.

3:40

Uh the first one uh involves the fact that about 40 percent of the 38 residences uh will be temporarily uh occupied.

3:50

Uh so we're gonna have uh vacant residences, which in my mind uh opens up the possibility of uh vandalism or uh burglary because the house isn't occupied.

4:01

Uh would that present any problem with Linux uh providing uh police services?

Speaker 5

4:07

Well, no, because we'd be secondary then it's a stockridge problem.

4:10

Okay, so if they get to call me our assistance, yes, but it's not gonna tax initially our those type of crimes are not gonna tax our

Speaker 3

4:18

assets.

4:19

Okay, and then for the other 60 percent of uh residences that are uh uh occupied um uh year round.

4:28

Um my mind we might have uh uh things like um uh wellness checks or perhaps uh domestic disputes uh that would involve uh police intervention.

4:40

Uh is that something that the Linux police department can handle without additional uh resources?

Speaker 5

4:46

Again, as I know these residents are all in Stockridge, so it's a stockrid issue.

4:49

We'd be strictly backup for

Unassigned speaker

4:51

them.

Discussion Breakdown — Share of Meeting

Procedural██████████████████████████████30%

Historic Preservation██████████████████████22%

Engineering And Infrastructure████████████████16%

Affordable Housing█████████████13%

Public Safety██████6%

Economic Development███3%

Environmental Protection███3%

Transportation Safety███3%

Community Engagement██2%

Summary of Proceedings

Lenox Zoning Board of Appeals Meeting - October 7, 2026

The Lenox Zoning Board of Appeals met on Wednesday, October 7, 2026, at 7:01 PM to continue the hearing on the modification of a special permit for the Elm Court property (310 Old Stock Ridge Road). The board heard testimony from the Lenox Police Chief, public comments, closing remarks from the petitioner, and deliberated before voting 5-0 to grant the modified special permit with conditions.

Police Chief Testimony

Chief confirmed mutual aid agreement with Stockbridge PD; no anticipated burden on Lenox resources.
Addressed concerns about vacant residences (40% of 38 units temporary occupancy) and year-round occupancy (60%), traffic, and event traffic; concluded no significant impact.

Public Comments & Testimony

Norbert Johansson (South Lee resident) – Expressed strong support, citing historic preservation and economic benefits.
Unnamed speaker – Argued that the 2015 special permit was for a resort hotel and the current proposal requires a new application; Griffith v. Bellingham case law does not apply.
Mark Mills (Chair, Stockbridge Affordable Housing Trust) – Supported the project, noting it would generate well over $1 million for affordable housing in Stockbridge.
Judith Blank (abutter, 273 Old Stockbridge Road) – Expressed concerns about traffic safety (no sight line over hill, Tanglewood congestion), noise (50 decibels from events at The Mount with windows closed), and that Lenox bears burdens without receiving affordable housing benefits; requested limitations.
Patrick White (81 Hawthorne Street, Stockbridge) – Supported cluster development over subdivision, citing conservation, historic preservation, and alignment with Great Estates bylaws.
Caroline Coby (abutter) – Questioned the preservation goal and noted a MEPA advisory letter has been submitted; requested the board wait for review. (Chair clarified MEPA is independent of the board's decision and does not affect tonight's vote.)

Discussion and Deliberation

Applicant's closing: Jonathan Silverstein (attorney) summarized benefits to Lenox (sewer/water fees, improved infrastructure, construction jobs, restored Olmsted landscape), emphasizing that the majority of the project is in Stockbridge and the board's jurisdiction is limited.
John Cecil letter (read by Ray Ranta): Vanderbilt descendant expressed confidence in the stewardship and preservation plan.
Board analysis:
- Al Harper – Detailed legal jurisdiction limited to traffic, police, fire, and water/sewer under Section 4.1.4 and case law (Griffith v. Bellingham). Experts unanimously found negligible impacts. Weighed benefits (restored mansion, improved utilities, tax revenue, conserved Olmsted Park) against temporary construction inconveniences; moved to approve.
- Christine Conklin – Reviewed the six special permit factors; concluded benefits (preservation, traffic safety improvements through sidewalk and radar signs, environmental restoration, public walking access) outweigh adverse effects.
- Arthur Oliver – Supported but expressed concern about project failure, noting the loss of other historic estates; emphasized the risk of incomplete development.
- Daniel Shanker – Reluctantly supported, citing legal constraints; worried about employee housing affordability (hospitality worker salaries vs. market rents) but acknowledged petitioner's commitments to address housing.
- Chair Robert Fuster – Agreed with legal analysis and voted to approve, noting that representations made to the board are binding.

Key Outcomes

Vote on Modified Special Permit: Approved 5-0.
Conditions adopted (each voted 5-0):
1. Incorporate conditions from Stockbridge special permit dated April 21, 2026, by reference.
2. Incorporate conditions from Lenox special permit dated July 14, 2015, except those inconsistent with subsequent case law (Weld v. Board of Appeals of Gloucester, Boston Street Railway Co. v. Board of Aldermen of Newton) and current project plans.
3. No on-street parking along Old Stockbridge Road.
4. No certificate of occupancy until water and sewer upgrades are completed.
5. Provide public access to the grounds with some reserved public parking spaces.
Withdrawn condition: A proposed condition requiring house designs to be congruent with neighborhood character was withdrawn after petitioner’s attorney made binding representations about design guidelines and HOA restrictions.
Minutes: Approved minutes of September 16, 2026 meeting with a minor correction discussed.
Next steps: Petitioner to submit proposed findings within 14 days; final decision to be issued by the chair.

Meeting Transcript

I said good evening everyone. It is 7.01 p.m. on Wednesday, October 7th, 2026. And I am calling this meeting of the Linux zoning board of appeals to order. We only have one matter on for the public today, which is the continuation of the 310 Old Stock Ridge Road, aka Elmcourt petition. We are hoping that we'll be able to resolve this matter tonight. If we're still going on at nine o'clock, I'm going to ask how much longer people think it's going to take. And if it's only going to be like an hour or so, we're going to finish tonight. That being said, I will. Well, normally I would go back to the petitioner to let them conclude and do the public hearing, but we do have our police chief here who is here at our request. So I am going to invite the chief up and take care of him first. That way, if he wants to leave, he can do that. Do you want all our names on record? Oh. Not really, but okay. And also uh, because I'm forgetful tonight, sorry, I just got out of work. Uh sitting on the board tonight to my left is Daniel Shanker. To my immediate left is Arthur Oliver. To my right is Christine Conklin. To my far right is Al Harper, and I'm Robert Fuster, chair of the board. Um so with that being said, uh I would like to invite our police chief up, please. We have microphones over there if they're working. That's one. All right. Well, good evening and thank you for coming. Um I know members of the board have some questions for you, so I will turn this over to Al Harper to begin. Uh good evening, Chief. Thank you for uh taking your time to be here. Um of the questions that I have uh that's very similar to the questions I asked of the uh fire chief. Uh uh what is our relationship uh between the Linux police department and the Stockbridge Police Department? Uh do we cover for them regularly, or is that uh a jurisdictional line that doesn't get crossed? Oh, we could it get across. We have a mutual aid agreement, so if we need help, they come over to us if they need help, we've over there. So there's already a mutual aid agreement in place. Okay, but if if something happens in Stockbridge and they call happens to come in to uh uh Linux dispatch, does Linux respond automatically, or do we wait until Stockbridge asks for help? If it's a call in Stockbridge, they will get the call first, and then usually the dispatchers will say depending on the severity of the call, whether they want an assistance from us or something to that resolve meet up at dispatch, depends on the severity of the okay, and there's a set protocol for that. Yes. Okay. Um are you uh familiar with the development, uh proposed development at Elm Court? I am okay, and um my concern uh is that uh there are three separate uh instances where Linux might be uh asked to respond to, and I want to know that uh we have the capacity to do that uh without uh providing additional services in terms of manpower or uh equipment uh that uh you feel that uh you're adequately staffed right now. Uh the first one uh involves the fact that about 40 percent of the 38 residences uh will be temporarily uh occupied. Uh so we're gonna have uh vacant residences, which in my mind uh opens up the possibility of uh vandalism or uh burglary because the house isn't occupied.

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