Town of Lenox
Planning Board
Town Hall
Minutes
February 20, 2007
Members present: Chair Kim Reopell Flynn, KRF; Pam Mackie, PM; Joe Kellogg, JK; Kate McNulty-Vaughan, KMV
Not present (with notification): Steve Sample, SS
Also in attendance was Town Planner Joellyn Warren (JW).
6:10 p.m. Public Hearing – Subdivision Amendment.
KRF read the public hearing notice. JW outlined the need to include this provision into the subdivision regulations. By adding language that specifies no more than one dwelling on a lot the Board could review and make recommendations on projects that seek to develop more than one dwelling on a lot, such as town homes and condos, even if permitted by right or by special permit. KMV asked what the unintended consequences could be from adopting this provision. JW stated that because it is under the subdivision regulations the Board could waive any strict compliance with the provision. One citizen attended the hearing. KRF closed the public hearing at 6:22 p.m. JK made a motion to adopt the amendment; PM seconded. No discussion. All voted in favor. JK asked that a notice be posted in the town hall stating that the
amendment was acted on and voted in favor.
6:35 Zoning Amendments.
The Board initiated a discussion on possible zoning amendments for Town Meeting 2007. The Board first considered an inclusionary zoning bylaw. They agreed that affordable housing is an issue in Lenox and that a bylaw to promote affordable housing is needed. JW highlighted elements of an inclusionary bylaw. The Board agreed that an inclusionary bylaw is fairly complicated and needs time to develop.
JK asked the Board to consider removing the Use Variance provision. He stated that he believes there is no was to substantiate a hardship. KMV suggested that there may be a negative effect if property owners are not allowed the outlet of a use variance. KRF stated that property owners are held to the same requirements of the zoning bylaw and new owners should know what is allowed and what isn’t allowed before buying property. JK stated that a use variance goes against the standard character of an area since it deviates from the underlying allowed uses. The Board agreed to move the elimination of the use variance forward.
KRF asked the members if they should take up the rezoning of the Bartoni property (corner of Housatonic and Pittsfield-Lenox Rd). Members questioned whether it could be rezoned as a stand alone single zone or whether it would have to be incorporated into an adjacent zoning district, both of which are residential. PM stated that she believed the current zoning on the land is too restrictive. KRF suggested that they invite Mr. Bartoni to a Planning Board meeting to ask him what he wants to do with the land.
Next the Board discussed an amendment to the Gateway district to allow clinics as a special permit use. Again the Board considered allowing clinics along the entire C-3A corridor but decided to limit it to Gateway Overlay District due to traffic concerns. KMV stated that she is concerned with the use since the way it reads in the bylaw now does not clearly state that these clinics must be regulated in any way. She would not support un-regulated or certified medical, surgical clinics. The Board agreed to move allowing clinics in the Gateway District forward.
Lastly, the Board discussed amending the definition of Accessory Building and Fences. JW stated that each of the definition amendment requests came from the Building Inspector who has had issues throughout the past year with homeowners.
KRF asked the Board to hold off on making final recommendations for zoning amendments until they reconvene and allow SS an ability to be involved in the discussions. They agreed to postpone making a final decision on zoning amendments until their next meeting on February 27, 2007.
Other Business
KMV read a letter from SK Design group giving notice that they would hold a site walk on February 27th at 3:00 p.m. for those neighbors and others interested in reviewing drainage solutions related to the Starr Property proposal.
KMV asked if it would be possible to set up a policy on how to better direct an applicants’ presentations to the Board. Further she asked if it would be appropriate to limit the number of persons who speak during the Planning Board’s review. PM asked why she thought it would be needed to limit people speaking if they are speaking in reference to a project. Further PM stated that the Planning Board’s job is to listen and take in all the information before making a decision. KMV stated that she thought some applicants run the clock and thus reduce public comment time. JK agreed that applicants and their team should keep their material pertinent and that repetitive comments be shut down. KRF noted that as chair she tries to run meetings in a way to give time to all present and that repetitive comments are
not allowed. KMV noted that KRF is not always acting as chair as there is often conflict of interest.
The Board agreed to hear petition of Werman, 169 Undermountain Road on March 13th as the ZBA has them scheduled for March 21st.
The business meeting was adjourned at 8:15 p.m.
Minutes taken by Joellyn Warren, Town Planner.
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