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ZBA Grants Special Permit for Allendale Pines Expansion
By Brittany Polito, iBerkshires Staff
10:26AM / Sunday, November 20, 2022
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PITTSFIELD, Mass. — The Zoning Board of Appeals last week granted a special permit to expand Allendale Pines after a resolution was reached between the applicant and an abutter.

"In a city that has an extreme need for any type of housing that may be affordable, this is an option that is not already out there as much as it should be," board member Esther Anderson said on Tuesday.  

Owner Eagle Allendale LLC plans to expand the 65-lot mobile home park with 21 new 5,000 square-foot lots, separating the parks into AP South and the new AP North.

Lot rent is proposed to be $550 for AP North and the existing lots' lower rate of $320 will not change.  The higher rate is attributed to the costs of creating a new lot from scratch and inflation.

The proposal utilizes an existing curb cut to create a paved driveway from Cheshire Road to the new portion of the park, which would have to be cleared and graded.

It came before the ZBA in September after being supported by the Mobile Home Rent Control Board in June and was continued largely due to the board's feeling that matters had not been resolved with an abutter, Shaun Zatorski of 399 1/2 Cheshire Road.

The application was continued again last month as the two entities worked out an agreement.

Project engineer Brent White of White Engineering reported that they were able to come to terms that will allow the project to move forward as proposed.

"We are going to allow Mr. Zatorski to use a portion of our property that will not be the site of an actual home itself here and allow him to utilize the use of the driveway as well as providing some parking and some fencing to address his specific concerns," White explained.

"And he made some concessions to us with regards to his operations that will be satisfactory for (owner George Whaling) to deal with tenants going forward."

The applicants also believe they will be able to obtain a stormwater management permit, which was a suggested condition with respect to the special permit.

Ward 1 Councilor Kenneth Warren, who is an abutter to the park, said the road leading to the new sites will go right through where the vehicles of his apartment building park.

"It can't happen. We're gonna probably have to take some action with, as I told you, I've been there 40 years, tenants have been there, not these tenants but there have been tenants in that building.  We're parking right where I understand the road is going to be," he said.

"I tried to meet with the engineer and I missed it by a couple of minutes, but Mr. Zatorski was there and where he shows me it's just not going to work."

Eagle Allendale's attorney Jeffrey Scrimo said they made a number of efforts to contact Warren and that there are 21 feet between the apartment building and the right of way, which he identified as "more than adequate" for a parking lot.

Additionally, Scrimo added that the right of way is mentioned in Warren's deed and allows its use "over the private way, on set plan for all usual purposes of a way." He said this means it can be used for utilities and does grant an easement for a parking lot.

"This is a right of way that is not owned by Mr. Warren," Scrimo said.

"So we would submit that there is adequate parking. We continue to always be willing to work with anyone on this but we think that issue is actually mute."

Another resident spoke against the special permit due to traffic concerns.

"My mother lives right across the street and I grew up on that S curve and it is a crazy, crazy place to be able to live, to be able to pull out and take a left. It's very challenging," she said.

"And it's an S curve, to begin with so especially if it snows, you have blind spots on either side and it's just, to me, very concerning that we would put higher traffic first on the S curve and then secondly, especially it's pretty busy. And that's my concern."

Board member Thomas Goggins said he can understand Warren's concern but that it is a situation where the right of way is owned by the applicant and is consistent with the character of the neighborhood.

Board member John Fitzgerald suggested that the people who live in that area try to contact the state through their city councilor and make adjustments to the speed limit.

In other news:

  • The board approved a special permit for Side By Side assisted living to convert an existing family dwelling into 3 assisted living units on 55 West Union Street, a property that is located in an RM (multiple residential) zoning district.  Earlier this month, the Community Development Board approved a special permit to expand the facility's campus and waive parking requirements.
     
  • The board approved a special permit that allows Miss Hall's School to build a solid stone wall over three feet with six-foot tall pillars within the front yard setback along Holmes Road.
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