Town of Lenox
Planning Board
September 11, 2007
Land Use Meeting Room
Members present: Chair Reopell Flynn, KRF; Steve Sample, SS; Joe Kellogg, JK; Kate McNulty Vaughan, KM-V
KM-V arrived at 6:15 p.m.
Absent with notification: Pam Mackie, PM
Staff present: Mary Albertson
Minutes: JK made a motion to approve the August 28, 2007 minutes as amended and KM-V seconded the motion. The Board approved 4-0.
Other business:
· Reviewed Public Notices and Decisions from abutting communities.
· Lenox ZBA, September 19, 2007. Sawyer, Scott (Milton Rattner) 140 Plunkett St., Map 3 Parcel 71, SP under Section 9.4.2.2 and 9.4.3 for an Accessory Dwelling Unit. The PB will defer to the Zoning Board of Appeals for their judgment.
· Lenox ZBA, G & L Realty, LLC, d/b/a Haddad Toyota Hyundai Jeep 526 Pittsfield Road (Map 33, Parcel 7). Modification of a Special Permit to expand an existing auto dealership building and a request to add six signs. The Board will hear on September 25, 2007 at 6:00 pm.
· JK, as the Planning Board’s representative to the Berkshire Regional Planning Commission gave a brief financial report.
· Ms. Albertson advised the Board that she will be appearing before the Board of Selectmen on September 12, 2007. She will be giving a report on projects before the Land Use Boards as well as presenting, for the Selectmen’s approval, the Scenic Mountain Act Map.
6:00 p.m. Buccaneer Development, Inc, concerning property located at 12 East Street (Map M04 and O34 Parcel 12) owned by Bernard D. Starr and Jana Starr. Special Permit for designation under Section 14 for designation as an Open Space Residential Development (OSRD). The Public Hearing which was continued from August 14, 2007 and August 28, 2007 was called to order at 6:15 pm.
KRF advised that the legal opinion from Town Counsel was received today. (The Board had raised questions at the August 14, 2007 hearing and Ms. Albertson presented those questions to Town Counsel.) KRF informed Emil George, the attorney who is representing Buccaneer Development, Inc. that the proponents and Board members wish to have time to review the opinion.
JK made a motion to continue the hearing to September 25, 2007 at 6:30 p.m. SS seconded the motion and the Board voted to approve 4-0.
6:30 p.m. Charlie Liston, Crystal St., Map 39 Parcel 72, Form A.
Mr. Liston said that his family is preparing to donate this property, located in the R15 Zone, to the Town of Lenox. His purpose in presenting the Form A is to “clean up” the deed and to have a document to record at the Registry of Deeds. JK said that the lot lines already exist, therefore this is not a Form A. Ms. Albertson referred to the HANDBOOK OF MASSACHUSETTS LAND USE AND PLANNING LAW and read aloud a section which defines Perimeter Plans as a plan in which there are no new boundaries and no subdivision and is in existing ownership.
Discussion ensued and the Board agreed that this should be a Perimeter Plan.
SS asked if the fee of $125.00 could be waived since this property is being donated.
JK made a motion to endorse as a Perimeter Plan and also waive any required fees subject to checking with the appropriate authorities as to the ability to waive fees. KM-V seconded the motion. The Board approved 4-0. (Ms. Albertson will research the issue of waiving such fees.)
Mr. Liston brought to the attention of the Board a minor change in an approved Form A (September 12, 2006) for property owned by Francis Wellington located on Crystal Street, Map 4 Parcel 68. Shown on the original plan, upper left, the legend shows “Iron Spike Set”. Mr. Liston indicated the “ISS” never set, so he changed the plan to indicate a “Point” instead. Mr. Liston said that nothing else has changed on the plan. He provided copies of the Plan denoting the change.
The Planning Board received a copy of a letter from Christine Jordan dated September 7, 2007 that was addressed to the Zoning Board. In the letter, Ms. Jordan stated her issues with decisions made by the Zoning Board with regard to Canyon Ranch’s Pine Croft subdivision. KRF advised the Board that Ms. Jordan has contacted Attorney Phil Heller’s office regarding this matter and he is reviewing. The Board agreed that this is an issue for the Zoning Board of Appeals.
JK made a motion to adjourn the meeting at 7:05 pm and KM-V seconded the motion. The Board agreed 4-0.
Respectfully submitted,
Peggy Ammendola
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