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Planning Board Minutes, 01/23/2007
Town of Lenox
Planning Board
Lenox Dale Fire Station
Minutes
January 23, 2007

Members present:  Chair Kim Reopell-Flynn, KRF; Steve Sample, SS; Pam Mackie, PM; Kate McNulty-Vaugha, KMV; Joe Kellogg JK

Also in attendance was Town Planner Joellyn Warren.

6:11 p.m. Minutes and Other Business

KRF called to order.

KRF sought a motion to approve the minutes. JK suggested a minor amendment and sought clarification as to whether the name of the brook on the Starr Property was included.  JK made a motion to approve the minutes from January 9, 2007 with changes. PM seconded. All voted in favor.

JW requested that the Board consider an amendment to the Lenox Subdivision Rules and Regulations to regulate more than one dwelling on a lot. This provision must be adopted to allow the board to review projects that are not legal subdivisions but seek to create access to a project other than for single family homes. For instance it would apply to a cluster project in which the land is held in common ownership.

The Board agreed to the provision and instructed JW to prepare the notice and advertise for a hearing to be held on February 20, 2007 at 6:00 PM. This would be a special meeting to hear this provision and review and discuss other zoning amendments for possible consideration for Town Meeting 2007.

KRF asked the Board members to prepare and present suggestions at this meeting. KMV stated that she would like to have the board consider an amendment to height waiver. KRF stated that the definition of fences must be addressed. JK stated that he still believes that no new zoning be amended this year but if the Board felt otherwise he would like to amend the Bylaw to remove the use variance.

6:30 p.m. Robert and Anne Zuber, 11 Westminster Road (Map 28, Parcel 70). The Petitioners request a Special Permit under Section 9.4.2 of the Lenox Zoning Bylaw to create an accessory dwelling unit attached to existing single-family dwelling unit in the R-1A zone. Unit is intended to be used for petitioner’s father.

Petitioner’s architect Harry Pisila described the design and layout of the proposed addition. The location of the addition is placed in such a way as to provide generous rear and side yard setbacks and orientation to existing pool to the rear of the home. Septic will be moved from current location to near rear of the lot to accommodate addition. Septic was originally designed for a 4 bedroom home and will be maintained as such.

Architect noted that the lot has less frontage than what is required in the current zoning. JK asked if they required a variance because the lot did not meet minimum frontage requirements. JW stated that the lot is non-conforming and new accessory apartment bylaw allows for units to be located on non-conforming lots provide they meet all setback requirements. The applicant meets all side, rear and lot coverage requirements.  

SS noted that this project is in keeping with the area as there are a lot of houses in this area that are expanding and adding additions. KMV stated that this type of use is exactly what was intended from the adoption of the accessory bylaw amendment. All Board members agreed. KRF suggested that before the applicant went to the Zoning Board of Appeals they get letters of support from their abutters.

KRF asked for a motion to write a favorable letter to the Zoning Board of Appeals. JK made a motion. PM seconded. All voted in favor. SS to write a letter of recommendation for the ZBA’s hearing on February 7th.

Meeting adjourned 6:50 PM.

Minutes taken by Joellyn Warren, Town Planner