Planning Board
Minutes
Land Use Meeting Room
June 12, 2006
Members present: Acting Chair Steve Sample, Pam Mackie, Kate McNulty Vaughan
Members absent with notification: Kim Flynn, Joe Kellogg
Chair Kim Flynn telephoned that she would not be at the meeting and that it had been decided that the meeting nights would be changed to the 2nd and 4th Tuesday, effective July 2006, to accommodate Joe who had a conflict with the Monday schedule.
Also in attendance was Joellyn Warren, Town Planner and Greg Federspiel, Town Manager.
Joe was appointed by the Selectmen on June7, 2006 to fill in the unexpired vacancy of Linda Messana.
6:30 p.m. Peter Burack, Patterson Rd., Map 2 Parcel 27, Continued Preliminary Subdivision Plan (Cont’d from May 9, 2006.) Present was Phil Heller, attorney for Mr. Burack. Mr. Heller asked that the Board rule on whether or not to approve the Preliminary Subdivision Plan so that the applicant can proceed. The Board had been waiting for a written opinion on the OSRD from Town Counsel. That letter was written on May 30, 2006 and Mr. Scully supported the Planning Board’s interpretation that the applicant would have to file a Special Permit.
Mr. Heller said that the petitioner does not intend to file for a Special Permit and have 30% of open space as required under the OSRD. He said requiring his applicant to do so is illegal. He explained that the Board is a ministerial board with regards to subdivision, and if a plan complies with 100% with the Rules and Regulations you must approve. By requiring the applicant to file a SP, the Planning Board is increasing its authority and this is a violation of stature.
Mr. Heller has discussed this with Mark Bobrowski, Professor of Law at the New England School of Law in Boston, Massachusetts, where he teaches Land Use, Property, Local Government, and Administrative Law and they disagree with Town Counsel and the Planning Board.
Pam made a motion that the Board stands with the OSRD, and disapprove the Preliminary Plan as presented. Kate seconded the motion.
Kate said that she understood from the Kim Flynn that Kate would have to invoke the rule of necessity and seek permission from Phil because she has not been a participant from the beginning. Steve felt it was not necessary because this was not a Definitive Plan. Though there was confusion as to whether this was necessary, it was decided Kate would participate and to invoke the rule. Phil responded that he did not object.
Kate feels there isn’t much case law with OSRD, that the language the board chooses to use has a certain weight and if the Boards intent was that any parcel of 5 acres or more had to file under the OSRD, she would agree with the other two members and disapprove the Preliminary Plan. The Board voted 0-3.
In attendance were five abutters, none of whom spoke.
Joellyn Warren reminded the members of the Our Town Forum scheduled on June 20, 2006 at 7:00 p.m. to be held in the auditorium and explained the format. Joellyn said that there is a Smart Growth Grant, due June 29, that she is working on and asked members for suggested priorities. She encouraged the Board to think about goals for the year, housekeeping, zoning by district or parcels, and Transfer of Development rights. She recommended the Board schedule time in July time to work on the corridor map. Other subjects included:
· Controlling footprint size
· Impervious coverage
· Keep housing affordable
· East St./7 & 20 corridor
· Improve North Lenox
· Take signs out of the Zoning Bylaw and putting in the Town Bylaw
· Noise ordinance
· Priority neighborhoods
7:15 p.m. Toole Properties 2001, Inc., 439 Pittsfield Road, Special Permits and waivers for 79 room hotel in the C-1A zone, (Map 1, Parcel 33).
Presenting the application was Attorney Phil Heller, Joe Toole, principal of 2001 Inc., and Jim Scalise of SK Design.
Mr. Heller explained that Mr. Toole, owner of the Yankee Hotel on abutting property, wants to construct a Hampton Inn on 6.29 acres that is in the C1A Zone. There is 205 feet of frontage on a subdivision road. There are 134 acres of open space and he will be dedicating 31.5 acres for Conservation Restriction. There are to be 79 rooms, an indoor pool and 1,000 square feet of public space.
Mr. Toole has been before the Conservation Commission who required some adjustments in the setbacks, parking, curb cuts, and the lot size increased a little. He will return to the Conservation Commission later this week on June 15.
There will be 85 parking spaces; one for each room, two employee spaces and four public spaces. This is in compliance with the Zoning Bylaw.
Jim Scalise discussed access, sewer, water, drainage, and traffic. There is a sewer line along the frontage. There will be a new connection and tie in with the Town. This will provide adequate capacity. The water main is in the road way and it will have adequate capacity. The Wetlands Protection Act addresses drainage, and its criteria are more stringent. Mr. Scalise also reviewed the parking layout.
Mr. Toole discussed the building design changes that have occurred and provided visuals. The design has evolved as a result of previous meetings with the Planning Board. This plan calls for 8 parapets, non inhabitable, and the building will be three stories, but will stay within the height allowance.
He said that the hotel will be “tucked in”, but the location is commercial so it is an appropriate location. He has been in discussion with Natural Heritage and he is hoping to have the remaining land under some form of conservation restriction to protect the rare and endangered species in the area.
Pam made a motion to approve the preliminary plan as presented. Kate seconded the motion and the Board approved 3-0.
Respectfully submitted,
Peggy Ammendola
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