Town of Lenox
Planning Board
February 12, 2008
Land Use Meeting Room
Members present: Chair Kim Reopell Flynn, KRF; Steve Sample, SS; Joe Kellogg, JK; Kate McNulty-Vaughn, KM-V
Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, Land Use Clerk, PA
Minutes:
1. January 8, 2008-JK made a motion to approve with a minor edit. KM-V seconded the motion and the Board voted to approve 4-0.
2. January 22, 2008-SS made a motion to approve with a minor edit. KM-V seconded the motion and the Board voted to approve 3-0-1 (JK abstaining).
KRF recused herself for the next agenda item as she is employed by Phil Heller. JK served as acting Chair.
Phil Heller/Emil George, CVS project update: Mr. Heller stated that there is a discrepancy in the Zoning Bylaw and Zoning Map regarding Bill Vahle’s property located at 355 Pittsfield Road, Map 27 Parcel 51 and known as Five Chairs Restaurant. (CVS is looking at this property as a possible location for a new CVS). This property is both zoned C1A and C3A. In 1974 there was a Bylaw change and Mr. Vahle was on the committee that generated the change as his property was directly affected. His recollection is that the zoning line was to go around his restaurant. Instead part of his property is zoned C1A but his restaurant is in the C3A zone. His understanding at the time was that the entire property would be C1A. To correct the error will require approval at the
Annual Town Meeting. The process also requires a public hearing before this could be put on the Warrant for the ATM. JK suggested that the CVS proponents notify abutters of their intentions. The change is being requested since retail establishments are allowed in the C1A Zone, but not in the C3A Zone.
Also, Mr. Heller brought up the issue of drive-up windows. He said that he always thought that drive up windows were an accessory to a business, and cited five businesses in Lenox that have drive ups, but that the Building Inspector is taking the position that since the Zoning Bylaw does not specifically allow drive-ups, they are prohibited. Mr. Heller has filed a petition to have this on the warrant for the Annual Town Meeting. The Select Board received the petition and forwarded it to MA. JK wants a cover letter stating that the Select Board has formally sent the petition to the Planning Board. Attorney Emil George has taken Pittsfield’s Ordinance and modified it for Lenox. KM-V suggested wording that would put retailers of alcoholic beverages on notice that drive ups would not
apply to their establishments. Mr. George believes that this is prohibited by the laws of Massachusetts, but will research.
This was a second presentation by CVS for a pharmacy to be located at the site of Five Chairs. Presenting a very preliminary proposal was Courtney Galyan, a developer with Gershman Brown Associates, Inc. and John Furman, an engineer. The proposed building would be 13, 225 square feet and there would be 59 parking places. JK suggested, as he had at the first review several months earlier, that the developers consider reconfiguring the access for West Mountain Road, provide more landscaping and reduce the amount of parking. This would then benefit those using West Mountain Road by having a traffic light at the intersection. JK advised the developers to make contact with Mass Highway early on in regards to a curb cut. There will most likely be a grade change and Mr. Furman expects that a
retaining wall at the back would be rock faced. There would also be a small retaining wall in the front. They had no elevations that are specific to this site.
SS expressed concern about the footprint, as it is large by comparison to the Luau Hale restaurant located at 365 Pittsfield Rd.
The Board stated that the number of parking spaces was excessive. Mr. Galyan responded that CVS has 6,000 stores, and the parking site analysis supports 59 parking spaces.
Concerns addressed by the Planning Board were the traffic, flow of traffic, parking and landscaping. JK suggested that the developers speak to the residents at Devonshire, a retirement community, at 329 Pittsfield Road.
KRF resumed the position of Chair.
Resignation: Pam Mackie submitted her resignation effective February 1, 2008. The Board discussed recruiting candidates to fill the position and will ask that the Selectmen, at their next meeting, announce to the public that the position is available, to be filled at the Annual Town Election in May.
Disclosure: KM-V wanted it disclosed that all four members of the Planning Board were at the Democratic Town Committee meeting on February 9, 2008.
Zoning Project:
MA asked the Board members for their input regarding the Planning Board Progress Report on the Future of Zoning in Lenox meeting that was held on February 7, 2008. The Board felt that both the OSRD and Retirement Community provisions should be eliminated. They would like to look for a replacement for the existing OSRD to present either in the fall or at the ATM in 2009. They have issues with the Floor Area Ratio (FAR) proposal. MA will consult with Bob Ritchie, the Assistant Attorney General on this issue.
It was decided that there should be another public information meeting on February 26, 2008 and that those residents who had participated in the previous Neighborhood Forums should receive notice of the meeting. MA will again send letters, ask the Berkshire Eagle to publish information regarding the date and time, and also ask the Select Board to announce at their next meeting.
Mark Bobrowski had advised MA that he would not be available after April 25 for a period of two weeks. The Board proposed the following three dates for the Special Town Meeting: April 14th, 15th or 17th, with April 17, 2008 the preferred date. MA will contact Mr. Bobrowski to see if he will be available.
Open Space and Recreational Plan: Joellyn Warren, former Town Planner has asked the Board to follow-up and to complete this project. The Board will work toward that end in the next month or two.
Jim Biancolo: Mr. Biancolo has created files to allow adding suggested changes in the existing Zoning Bylaw document. He feels that Mark Bobrowski needs to know how to use the file as there is an advantage in working with these files. MA will put Mr. Biancolo in touch with Mr. Bobrowski’s legal assistant.
JK made a motion to adjourn the meeting and SS seconded the motion. The Board voted to approve 4-0. The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Peggy Ammendola, PA
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