Town of Lenox
Planning Board
October 9, 2007
Land Use Meeting Room
Members present: Chair Kim Reopell Flynn, KRF; Steve Sample, SS; Joe Kellogg, JK; Kate McNulty Vaughan, KM-V
Absent without notification: Pam Mackie, PM
Staff present: Mary Albertson, MA; Peggy Ammendola, PA
Minutes: JK made a motion to approve the minutes of September 25, 2007 as edited and SS seconded the motion. The Board voted to approve 4-0.
Other business:
· Charlie Liston, Crystal St., Map 39 Parcel 72. The Board previously approved the perimeter plan and Mr. Liston stated he is donating his property to the Town of Lenox. Due to the generous donation the PB~voted to waive the application fee. JK made a motion to waive the filing fee of the plan that was approved at the meeting of September 11, 2007. SS seconded the motion and the Board voted to approve 4-0.
· Public Notices: Reviewed notices received from abutting communities.
6:00 pm 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 approximately 2,200 square feet.~ Also requesting six signs totaling 99.9 square feet. ~SS to submit the decision letter for review by the Planning Board.
KRF recused herself from the G & L meeting as she is employed by Attorney Phil Heller. JK acted as Chair.
MA presented copies of a letter she prepared which summarized the opinions expressed by the Board at the previous Haddad meeting. The Board reviewed and JK made a motion to approve, with modifications, the letter of support. SS seconded the motion and the Board voted to approve 4-0. MA will submit the letter to the ZBA prior to the Public Hearing of October 17, 2007.
KRF rejoined the meeting as Chair.
6:30 pm Buccaneer Development, Inc, concerning property located at 12 East Street (Map 4 and 34 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). Continued from August 14, 2007, August 28, 2007, September 11, 2007, and September 25, 2007.
Felicity Hardee, successor counsel to Emil George, was present to request a continuance of this public hearing to October 23, 2007. Ms. Hardee, of Bulkley, Richardson and Gelinas, LLP of Springfield, MA, had written on October 4, 2007 to Town Planner Mary Albertson that she would be attending this meeting and would likely request a continuance for additional time to consider plan revisions to address concerns raised by some of the abutters. Additionally she wrote that it appears unlikely at this time that the applicant will agree to any further continuance beyond November 14, 2007.
Ms. Hardee said that she expected to have revised plans, which would also address issues raised by Town Counsel, by the end of the week. She said that the plans would be made available to the Board as well as to abutters prior to the next hearing.
Both JK and KM-V indicated to Ms. Hardee that they were not comfortable with the statement: “It appears unlikely at this time that the applicant will agree to any further continuance beyond November 14, 2007.” KM-V said that she did not want Ms. Hardee to feel that this (October 23) would be the last public hearing. The Board wants time for the Board and abutters to see the revisions, absorb them, and make comments. Also, if the revisions are significant enough, the need for another site visit may arise. The Board stated that they would be open to a special meeting if necessary. Ms. Hardee acknowledged the comments and is open to the comments.
Tom Romeo asked if the process of submitting a new application would begin anew. The Board responded that this would depend on the revised plans.
JK made a motion to continue the hearing to October 23, 2007 at 6:45 pm. SS seconded the motion and the Board voted to continue 4-0.
JK made a motion to adjourn the meeting and KM-V seconded the motion. The Board voted 4-0 to adjourn at 6:45 pm.
Respectfully submitted,
Peggy Ammendola
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