Town of Lenox
Planning Board
Minutes
December 12, 2006
Land Use Meeting Room
Members present: Chair Kim Flynn (KF), Steve Sample (SS), Joe Kellogg (JK), Kate McNulty-Vaughan (KM-V)
Absent with notification: Pam Mackie (PM)
Also present was Joellyn Warren, Town Planner.
6:00 p.m. Approve minutes and other business
· November 28, 2006. JK made a motion to approve minutes of November 28 and KM-V seconded the motion and the Board approved 3-0.
KF abstained as she was not present at that meeting.
· October 24, 2006. JK made a motion to approve the minutes of October 24, and SS seconded the motion. The Board approved 3-0.
KF abstained as she was not present at that meeting.
· September 26, 2006. (KM-V submitted the minutes to the Board for approval. In regards to the Application for a Form A for the subdivision of property owned by Marie F. Connolly at 52 High Street, Map 44 Parcel 1, she had within the letter the following text:
The Board also made a notation on the maps that Lot A did not meet the minimum lot size required for a “buildable lot” in the R15 district.
Since KM-V did not have in her notes that this notation had actually been added to the plan submitted, she wanted to clarify that it in fact had been done. PA checked both the TC and Planning Board files to see if this notation was written in. It was not.
JK made the motion to approve the minutes of September 26, 2006, but with the following statement deleted: The Board also made a notation on the maps that Lot A did not meet the minimum lot size required for a “buildable lot” in the R15 district. KM-V seconded the motion. The Board approved 3-0.
KF abstained as she was not present at that meeting.
6:15 p.m. Winstanley, 114 Main St., Map 43 Lot 80. Review of letter of support to ZBA regarding this project.
KF turned the meeting over to SS as she is employed by Phil Heller.
In attendance were Attorney Phil Heller and Nate Winstanley. (At the Planning Board meeting of November 28, 2006 the Board voted 4-0 to recommend to the ZBA the approval of the petition plus site plan with member’s issues to be included in the letter.) KM-V was to have prepared the letter which incorporated the comments of members JK and SS. JK had submitted his comments, but KM-V did not have comments from SS in time to incorporate in the draft.
A three page draft of the letter was presented to the Board for the review. KM-V had expressed her concerns on December 11 in an email to the Board and also in this draft that, in preparing the letter, she became aware that the Public Hearing Notice, which stated the applicant was petitioning for a modification of a Special Permit, implied that this project had previously undergone ZBA review. She felt that the PB had voted too soon and that the project needed to be re-noticed.
The other members of the Board discussed KM-V’s concerns. JK stated that the notice does not affect the PB, but does the ZBA. It would be their issue as to if they wanted the public hearing to be re-noticed. KM-V argued that she had participated in the discussion of November 28, 2006 with the assumption that there was already a SP in place; hence she acted as if the project already had a “level of acceptance”.
Mr. Heller responded this is a de minimis issue. It does not affect public participation.
JK said it was very clear to him that the project as presented was a new application and not a modification of a previously approved application and that the public notice requirement was satisfied.
This was confirmed by Mr. Heller, and Ms. Warren. Ms. Warren stated: “The purpose of the notice is to get people in the doors. This project was voted on and approved at the last meeting.”
The Board then reviewed the draft.
KM-V stated that the Zoning Bylaw does not allow an art gallery in the Commercial District. Ms. Warren said that this would be allowed in a PUCD. Mr. Winstanley requested that the reference in the draft that the new structure proposed at the corner of Franklin and Main was an “art gallery” be dropped. It is a commercial, retail building, and referred to as “Gallery Building”, but was not being presented on the plan as an art gallery per se. It is not definite that it will be an art gallery.
Ms. Warren said that much in the letter goes beyond what was discussed at the meeting in which the project received support. She said: “The purpose of the letter is not a reiteration of what the zoning bylaw allows. The purpose of the PB is to review. If you like it: Why? If you don’t, Why?. You are the first reviewer; hit the toughest, hardest things which stick in your mind and do not reiterate zoning.”
KM-V responded that she feels the letter should come out of understanding of what the specifics of the bylaw are.
JK expressed his concerns as follows:
· Parking for gallery needs to be connected to the main parking
· Height of the building
· Storm drainage
He also suggested the Board include in the final letter that the applicant should make sure that the façade of the Main Street side of the Gallery Building is designed such that it does not appear to be turning its back to Main Street. If there is a substantial change in the design of the building, the applicant would have to come back.
Mr. Winstanley said that for the record, the height of the Gallery Building is the same height as Meadow Place.
SS said he is concerned about the parking too and would have no problem at all with the project if this parking plan were changed to be connected to the interior parking. He would like for the Gallery Building to have something on the side that faces Main Street, but acknowledged the design would fall under the purview of the Historic District Commission.
KM-V asked if the letter should express the Board members personal opinions. JK stated the letter from the Board should express the feelings of the majority.
KM-V does not share the same concerns as the other members as she has no problem with the height, and does not feel a “faux door” facing Main St. is necessary. The three levels of habitation in the residential units troubled her though, as she did not get a sense that the third floor would be habitable. Mr. Winstanley said that at first level there would services, garage, and a spare room, and the third floor would house the master suite. He also described the topography of the property in that the area designated for the condos is at a grade of approximately 35 feet lower than Meadow Place, which is 35 feet tall.
SS said that the Board had already given their consensus to Mr. Heller and the letter now needs to be completed. The letter will be completed before the ZBA meeting of December 20 and a copy will be forwarded to Mr. Heller.
Kim returned and chaired the remainder of the meeting.
Ms. Warren handed out the new versions of the Zoning Bylaw for their Planning Board notebooks. KF said that the only error she could see was that the date on the new cover should be 2006, not 2005 as the date of the last amendments.
6:30 p.m. Zoning Amendments-discussion of items needing clarification. This originally scheduled for November 28, but postponed 11/28/06 to this date.
Kim will keep tabs on the different items to be addressed for Zoning Amendments/Housekeeping issues for this year.
Some items which need to be addressed are:
1. Definition of Fencing
2. More regulations on senior retirement
3. Inclusionary zoning
Neighborhood Meetings: A new Lenox Neighborhoods map was also presented to the members. (Note: Tanglewood is still misspelled as Tangelwood.)
(Copies of both the map and Bylaw have been placed in PM’s folder.)
Ms. Warren asked the Board how they would like to schedule the neighborhood meetings. A grant for this project stipulates that most of the grant money must be spent by June 30, 2007.
Ms. Warren will make up the schedule and reserve meeting sites for the meetings which will take place during January through April. Lenox Dale will be scheduled for the January 9th meeting and Lenox Village on the 23rd of January. The Lenox Dale meeting will take place at the LD Fire Station with the Planning Board business starting at 6:00 p.m. and the neighborhood meeting being at 7:00 p.m. The other meetings will be scheduled on regular meeting dates with the PB business at 6:00 p.m. and the neighborhood meetings starting at 7:00 p.m. Notices should include information specific to that neighborhood to stimulate neighbor’s interest in attending.
Other Business:
· It is expected that Buccaneer Development will be coming in early in 2007 for a proposal for a retirement community off of East Street, which does not require filing for a subdivision.
· The Planning Board needs to create a decision document for subdivisions that will be filed with the Town Clerk.
JK made a motion to adjourn the meeting at 7:30 p.m. and SS seconded the motion. The Board approved 4-0.
Respectfully submitted,
Peggy Ammendola (PA)
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