Town of Lenox
Planning Board
January 9, 2007
Land Use Meeting Room
Members present: Chair Kim Flynn (KF), Steve Sample (SS), Joe Kellogg (JK),
Kate McNulty-Vaughan (KM-V), Pam Mackie (PM)
Also in attendance was Joellyn Warren, Town Planner.
The meeting was called to order at 6:00 p.m. by KF.
Minutes of December 26, 2006: JK made a motion to approve the minutes as amended and SS seconded the motion. The Board approved 3-0. KM-V and PM abstained as they were not present at that meeting.
Other business:
· Hearing Notices
Community Development Board of Pittsfield, Amend a previously approved Special Permit for a cluster development on Peck's Road, January 16, 2007.
· Update on Neighborhood Forums:
The Board agreed that two neighborhood forums should be held in January, one on January 23rd in Lenox Dale, at the Fire Station, and one on January 30th in Lenox Village, at the Town Hall.
The flyer to advertise the forums was critiqued and suggestions were made as to how the flyer could be made more noticeable to grab the attention and participation of the neighbors.
Board members agreed to personally contact individuals who live in the neighborhoods to ask their assistance in getting the information out about the meetings.
The format of the meetings will be to gather input from the neighbors about their zoning concerns. Specific projects are not to be discussed.
6:30 p.m. Buccaneer Development, 12 East St., Map 4 Parcel 34, Informal.
Making the informal presentation was Attorney Emil George, Jim Griffis of Buccaneer Development, and Jim Scalise of SK Design and Don Ferry of Bradley Architects.
There were several abutters in attendance.
Mr. Griffis told the Board that in November 2006 the proponents met with the neighbors. Also an update to the abutters was mailed on January 8, 2007.
Mr. Scalise described the property as being 24 acres located near the intersection of East St. and Walker St. A wetland delineation was conducted in September 2006 to determine what part of the property could be developed. The proposed project would be a retirement community (age restricted of 55 years and older) consisting of 19 duplexes and one single family home and according to Mr. Scalise would meet or exceed current zoning regulations. The property is currently owned by Bernard Starr, who has an existing residence at this location. It is planned that he will retain 1.1 acres of property where his home is located on East Street and he will be filing a Form A to reconfigure the property lines. The frontage of the total existing parcel measures approximately 320 square
feet.
Mr. Scalise has met with Jeff Vincent, DPW Superintendent, who has viewed the preliminary road profile. The property is served by town water and there is a town master plan for providing sewer to East Street. Buccaneer’s calls for the installation of a low pressure sewer main suitable in size for this development and the placement of a larger main along side it that would be needed for future town use. (This would be done at the same time to avoid having to dig later to install.)
To protect the other properties from additional storm water caused by the development, the storm water would be directed to the existing stream, known as Woods Crossing.
Two Special Permits would be required. One would be for a retirement community and the other would be for OSRD. The OSRD would have to be filed with the Planning Board and the Special Permit for the retirement community would be filed with the Zoning Board. It was suggested that hearings for these applications be held at the same time for the convenience of the applicants and abutters.
Mr. Scalise said that the units would be condominiums.
The maximum road grade is 7% and the intent is to keep the road private. The width proposed is 24 feet. If a sidewalk is provided, it would probably be only on one side of the road. The length is 1300 feet.
Mr. Ferry provided a concept model of the duplex unit and floor plan. The first floor would have 1340 square feet, and an additional 300 sf for the garage. The total square footage for a duplex would be 4,000. The second story would not be the same footprint as the first floor and the design calls for a hip roof with a height of 28 feet. The buildings will have basements and may have the potential for walkouts. It is intended that the structures will be a New England style and reflect Lenox. The prices are expected to be between $700-800 thousand dollars per unit. The units would be three bedrooms, with the master bedroom on the first floor. Variations of the style will emerge as the plan develops.
The applicant will be filing a Notice of Intent with the Conservation Commission which will have a detailed storm water management plan.
The land will not be posted, but it is not planned to create public trails. If there are existing trails, they would not be disturbed.
Three street lights are possible and they would be down cast with most lighting being from the individual units.
Board members expressed the following concerns:
· Is there a need for a retirement community?
· There is a need for affordable housing.
· Can these units be sold under the present real estate climate?
· There should be substantial landscaping.
· There should be a sidewalk.
· The street lighting should not be obtrusive and as designed may be too much
· Units should be more clustered to protect more of the open space
· Consider making the buildings larger with more units, but less buildings in order to create more of a cluster
· The open space is not accessible to the general public
Abutters were provided an opportunity to speak and offered the following comments:
Dick Mendel said that he felt the project was twice the size as it should be. He asked how to hold someone accountable for future problems with drainage. He said that in the twenty years he has lived in his home, he has noticed that drainage problems have increased. The water does not go into the brook but instead goes into the back yards of the abutters on Brown Street.
In response Mr. Scalise said the applicant is to maintain the status quo and to make sure this project doesn’t make existing matters worse. Mr. Scalise’s goal, based on the knowledge he has now, is to improve the infiltration issues on Brown Street rather than to leave the way it is now.
Also, Mr. Scalise said that it is against Massachusetts General Law to concentrate and divert water to neighbors’ property. A Homeowner’s Association would be responsible for maintaining storm water management.
Valerie Herrick was concerned about the obstruction of the view. Mr. Scalise said that when the applicant is in the formal process, he would float balloons so that all can see the height of the buildings.
Jim Herrick listed the following objections:
1. Too many units on only ten acres.
2. The intersection at East and Walker is one of the most dangerous ones in Lenox and the entrance to the community is less than 100 feet from this intersection.
3. The additional roofs will contribute to the storm water and the existing drainage problems.
4. There is no need for a retirement community.
5. The mix of elderly drivers and drivers going to and from the Lenox Memorial Middle and High School is dangerous.
Sally Vincent wanted to make a point that the abutters were not notified for this meeting. KF said that this is a meeting, not a hearing, and there is no requirement to notify abutters. Such notification will occur when there is a formal application.
Martha Joyner wanted to know about the existing Starr residence. She said that it is one of the oldest structures in Lenox, and is concerned about preserving it. Mr. Scalise said that this is not part of the project.
Susan Dana expressed disappointment in the “skewing” of the retirement communities. She feels that additional projects of this kind make Lenox less vibrant and viable.
JK informed those in attendance about the upcoming Neighborhood Forums where residents can express their concerns regarding what is allowed in the Zoning Bylaw. KF added that the residents have the opportunity to shape the Bylaw and encouraged their participation.
Mr. George stated that he would be submitting applications soon.
The informal presentation was concluded at 8:10 p.m.
Discuss process of PB letters support/opposition to ZBA: SS prepared an outline for the Planning Board to follow in writing these letters. Ms. Warren discussed the responsibilities of the Planning Board versus the responsibilities of the Zoning Board. The Master Plan provides the guidance for the Planning Board.
The letter should be simple, state whether the project is approved or not, why the project is approved or not and conclude by stating areas of concern if any.
Generally the Board felt that the suggested letter was a very good format.
JK also made the following suggestions:
1.) Establish a consulting process between Town Planner and Building Inspector to eliminate confusion.
2.) The Use Variance creates problems; therefore he proposed it be eliminated.
3.) The Zoning Bylaw should be rewritten in its entirety in order to make its intent clear and more user friendly.
4.) For big projects, allow more time in between the period between submission of a petition and when the Zoning Board hearing is scheduled so that the Planning Board has more time to hear.
PA said that her goal has been to try to schedule a Zoning Board hearing as soon as possible after receipt of a petition, usually by five weeks. It was decided to add two more weeks to the process and inform applicants that this is necessary for the Planning Board to have more meaningful input.
KM-V made a motion to adjourn the meeting at 8:50 p.m. and JK seconded the motion. The Board voted 5-0 to adjourn.
Respectfully submitted,
Peggy Ammendola (PA)
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