Town of Lenox
Planning Board
Minutes
November 20, 2007
Members present: Kim Reopell Flynn, Chair (KRF), Joe Kellogg (JK), Kate McNaulty-Vaughn (KMV) & Steve Sample (Arrived at 6:45 PM) (SS). Pam Mackie was not present- with notice.
Also in attendance: Mary Albertson (MA), Town Planner. Peggy Ammendola was not present – as she was taking the minutes for the Historic District Commission meeting.
KRF called the meeting to order at 6:35 PM in the auditorium. She explained that the Board would begin with the Starr – Approval Not Required Application and the group will wait for Steve Sample for the public hearing portion of the meeting. Pam Mackie will remain eligible to vote on this case by reviewing the tape of the meeting prior to the vote.
Bernard Starr – Form A – 12 East Street:
KRF, JK and KMV reviewed the Form A plan. KMV asked if the applicant needed approval of the abutter who has an existing right-of-way across the property, and would it be maintained “as is”. Jim Scalise, SK Design, represents Bernard Starr. He stated that they did not need abutter approval because they are not changing the right-of-way.
JK explained the Approval Not Required (ANR) subdivision process stating that if the plan meets the following criteria, state law mandates that the applicant is entitled to endorsement.
1. The lots shown on the plan front on a way as specified in Chapter 41, Section 81L;
2. The lots shown on the plan must meet the minimum frontage requirements as specified in Chapter 41, Section 81L. JK noted that the frontage requirement in R1-A is 150’
3. The Board must determine vital access to the lots as contemplated by Chapter 41, Section 81M. JK explained vital access.
JK noted that the plan met all 3 criteria and made a motion to approve the ANR, KMV seconded. The Board voted to approve 3-0.
Buccaneer Continued Public Hearing:
At 6:45 PM, KRF opened the public hearing which had been continued fro 10/23/07. SS arrived for the continued hearing. KRF asked if the project proponent has any new information. Felicity Hardee stated she represents the Buccaneer project. The peer review of the proposed water system is complete. Members have a copy of the water report. The sewer report is almost complete. SK Design and the manufacturer of the proposed sewer grinder pumps are providing additional information to the town’s consultant. It is anticipated that the sewer report will be completed by next week. She also explained that the ZBA did not conduct the scheduled continued hearing last week and it was continued to December 12, 2007.
Jim Scalise, SK Design, offered additional information on the pending sewer report noting it is a peak flow modeling issue that should be resolved quickly. KRF stated that she thought there was a concern regarding emergency procedure should there be a power failure. Jim Scalise stated they are working to resolve this issue. The concern is peak flows and how the system will function during an extended power failure. JK stated he understands the issue regarding flows into the sewer system but is concerned about what happens on the other end. What is the impact on the home owner during an extended power failure? Jim Scalise explained that when the power is restored the pump will run longer. It should not cause damage to the individual sewer pump or house. KMV asked if the
public hearing needs to remain open to accept the sewer report. KRF said yes the hearing will need to be continued.
KMV stated that she read the letter Felicity Hardee submitted to the ZBA regarding the status of the OSRD. KMV asked about the applicability of the OSRD. Felicity Hardee stated that in response to comments from Town Counsel, the abutters and the Planning Board members, the plans were revised to maintain 40 feet between buildings and all duplex units were eliminated. The applicant receives no benefit from OSRD. She went on to explain that the letter was written when the ZBA hearing was scheduled prior to the Planning Board hearing. She wanted to make her case to the ZBA that they could act on the Retirement Community Special Permit independently. She explained that her client sees OSRD as a benefit to the town and that is why they want to continue with the process. She
believes the project meets the requirements of an OSRD and they are entitled to OSRD designation. JK stated that it is the Board’s discretion to determine if the OSRD designation is applicable. Ms. Hardee stated that she did not mean to assume entitlement. She recognizes that it is the Board’s discretion and she feels the project meets the objectives of OSRD. She hopes that the Board will act favorably on the OSRD application. JK stated that he wants Town Counsel to submit his opinion in writing regarding the applicability of OSRD.
KRF asked for comments and questions from members of the audience.
Richard Mendel – 36 Brown Street. He asked about the ANR plan and R1-A zoning and questioned if this changes the comments that were made regarding the OSRD. KRF explained that the ANR plan created the separate lot for the OSRD – Retirement Community. The Board will consider all comments made at prior meetings when it makes its decision on the OSRD application.
James Herrick – 411 Walker Street. He is concerned that some people were unable to attend this continued hearing because of the Thanksgiving holiday. He noted that the original plan was been modified but the original comments and letters should still be valid. He remains concerned about the access to the open space and the placement of water management features in the open space. KRF stated that the Board will consider all comments and letters received during the public hearing process.
Bob and Sarah Grosz – 4 East Street – Bob Grosz read a letter from Dale Abrams, Wheeler and Taylor Realty. He recently showed the Grosz house to his clients. The clients would have made an offer on the Grosz property but did not because of this pending project - it is a “deal killer”. Mr. Abrams wrote that he hopes the town will keep in mind the importance of maintaining open space for wildlife, ground water recharge and recreation. This project does not conform to Section 6.1.1.C because the project is detrimental to the neighborhood. Sarah Grosz stated that they have participated in the Lenox Chamber of Commerce Home Stay program for a number of years. She submitted four opposition letters from the following guests who have stayed at their home: Beverly and Frank
Pupa, Elaine Haynik, Mr. and Mrs. Bill Burrell and Roberta Reinfeld. Mr. Grosz stated that he is opposed to the project as an abutter and as a resident of the town. The project is not good for the town. He thanked the Board for considering their comments regarding this project.
KRF asked if there were any new comments and noted the Board will continue the hearing to allow for the submission of the sewer report. At 7:35 PM JK made a motion to continue the hearing to December 11, 2007 at 6:15 PM in the Town Hall Auditorium; the motion was seconded by KMV. The Board voted 4-0 in favor At 7:37 PM, JK made a motion to adjourn the meeting. Seconded by KMV. The Board voted 4-1 in favor.
Respectfully Submitted,
Mary Albertson, Town Planner
| 
