P&Z Closes Special Permit Hearing

Manor House deliberations set for April 8

By Susan MacEachron

The question of whether the Manor House on Maple Avenue should be granted a modified special permit now rests with the members of the Planning & Zoning Commission. 

The hearing, which began in January and included meetings on March 11 and 25, was closed at 9:30 p.m. on March 25 after a three-hour session at the Botelle School Hall of Flags. P&Z will begin deliberations on April 8, also at Botelle.

No new information can now be entered into the public record by Three Stewards LLC, owners of the Manor House, or by opponents of the application. The record is extensive with detailed memos and other documents submitted by all parties, including Daniel Casagrande, a partner with the law firm Cramer & Anderson, who advises P&Z.

A major point of contention involves the validity of a special permit granted to the Manor House in 1996 allowing its owners to operate a country inn with 25 guest rooms and hold events for up to 150 people. Opponents have pointed to the lack of a site plan, despite a reference to one in the recently discovered minutes from the 1996 P&Z meeting

Casagrande advised P&Z in February that the lack of a site plan in the files is not grounds for the commission to ignore the existing special permit. Further, he said the issue would not be appropriate for the commission to address, noting “the question the Opponents raise—the validity of the 1996 Special Permit in the alleged absence of a site plan—is a question of law that only a court has jurisdiction to decide”. 

Attorney Patrick Powers, a partner with Howd, Lavieri & Finch who represents the opponents, argued that under the law at that time, the site plan was deemed to expire after five years.  He stated, “the continued existence of the special permit was contingent and dependent on the continued existence of the site plan.” Needless to say, Andrea Gomes, the Hinckley Allen partner representing Three Stewards, countered his assertions. They agreed only on the fact that no case law is specifically on point. 

At the March 11 meeting, P&Z Chair Chris Schaut noted that the Inland Wetlands Agency determined that the proposed work at 69 Maple Ave. did not require a wetlands permit.  He emphasized there would be no discussion related to wetlands.

The proposal for 45 parking spaces and associated lighting has concerned neighbors. Robert Gilchrest of Allied Engineers and the project’s lead designer, responded by noting that parking lot pole lighting will have motion detectors and dim to 20 percent capacity when no one is present. He described the plan for an evergreen hedge, planted at a height of six to seven feet and manicured to be maintained at a height of seven to eight feet to provide additional screening for the parking areas on Maple Avenue and Mills Way. Gomes added that parking and lighting were required by the proposed uses for the Manor House under the zoning and safety laws.

Gomes addressed several questions raised by letters from the neighbors and comments from commissioners. She described the plunge pool and sauna as hydrothermal therapy popular in Canada and Europe, and emphasized it was a self-guided experience overseen by one staff member. Although not specifically referenced in the 1996 permit, Gomes said they qualify under the zoning regulation language. She said recreational amenities will be capped at 50 daytime guests at any one time and that the proposed amenity building can accommodate no more than 50 people at one time and is not designed for events.

Gomes described plans for dining at the inn, noting that breakfast will be available for overnight guests with friends or relatives allowed with 24-hour notice (space permitting). Lunch would be served infrequently and only upon request.  Dinner will be served Thursday through Monday from 3:00 p.m. to 9: 30 p.m. to a maximum of 44 people. The maximum number is dictated by the fire code. Restaurant service for members of the public would be provided on a reservation only basis. Gomes said Three Stewards intends to continue hosting small events (up to 70 people) such as bridal showers, family dinners, small weddings between 1:00 p.m. and 10:00 p.m. both indoors and outdoors as per the original permit.

A March 19 memo acknowledged that further expansion would require P&Z approval but noted that some matters are within the purview of the fire marshal, including a two-bedroom suite that is currently unused because Fire Marshal Keith Byrne said they did not meet fire code. Likewise, she noted that the limit of 50-person limit on the first floor of the Manor House was a fire code restriction not zoning. Potential renovations to allow a larger indoor event would only need fire marshal approval. 

The memo also proposed several conditions for consideration by P&Z. These include the opportunity to hold up to 12 large outdoor events, defined as more than 70 people; no amplified outdoor music after 8 p.m., and turning off interior lights in the amenity building by 9p.m. each night, except for lights required by fire code or safety. Neighbors implored the commissioners to limit the number of large outdoor events.

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