Town of Lenox
Planning Board
March 25, 2008
Land Use Meeting Room
Members present: Chair Kim Reopell Flynn, KRF; Steve Sample, SS; Joe Kellogg, JK; Kate McNulty-Vaughan, KM-V
Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, Land Use Clerk, PA
Minutes:
March 11, 2008-JK made a motion to approve the minutes and SS seconded the motion. The Board voted to approve 4-0.
KRF recused herself as she is employed by Philip F. Heller. JK served as acting Chair.
Fereal Realty Trust, 40 Plunkett St., Map 3 Parcel 83, Form A. (AKA Seven Hills) Continued from March 11, 2008.
A site visit at the subject property was attended by SS, JK and KM-V before the meeting was convened.
Present for the continuation meeting were:
Roberto Flores, Fereal Realty Trust
Attorney Gail Garrett of Philip F. Heller and Associates, representing Fereal Realty Trust
Russ Sackett of Sackett Surveyors
Attorney Pat Harris of Cain Hibbard Myers and Cook, representing Warren and Hope Hagler
Board Members noted their opinion, that following the site visit, it appears vital access is not restricted by wetlands, and that the property meets the requirements of frontage and vital access. KM-V made a motion to endorse the ANR as it meets the requirements of the law and SS seconded the motion. The Board voted to approve 3-0.
The Haglers, abutters to the property, object to the ANR as they feel vital access does not exist due to wetlands on the site, and provided verbal argument to that effect by their wetland expert.
Attorney Harris asked that the following reports which she has submitted be noted in the record.
Letters and reports submitted:
1. SK Design Group, Inc, March 11, 2008 letter RE: Wetland Inspection Lot B from Brett Kamienski
2. White Engineering Inc., RE: Evaluation of Wetland Resource Areas and Form A Request from Shannon Boomsma
3. Patricia Harris of Cain Hibbard Myers & Cook, March 11, 2008 letter RE: Request for Endorsement of Form A Plan
KRF returned to the meeting to Chair.
Econolodge, Map 22 Parcel 36, 130 Pittsfield Rd., informal meeting:
Appearing before the Planning Board were Sam and Sweta Pandya, owners of the motel. Also in attendance was Building Commissioner, Bill Thornton. Recently the upper walkway of the motel collapsed rendering the second story useless. The Pandyas wanted to discuss a proposal to reconstruct a 3 story replacement as obviously there are major issues regarding the concrete structure that was built 50-60 years ago. Repairing the structure would not be cost effective. Mr. Thornton said that if the building was to be renovated, it would have to be sprinkled according to the Building Code. He also said that the increase in height to three stories would be an increase of about 30 percent.
The consensus of the Planning Board Members was that rebuilding was a preferable alternative given the condition of the building, based on the information presented. It was suggested that the Pandyas file a petition with the Zoning Board of Appeals.
Public Hearing regarding Zoning Bylaw changes:
Town Manager, Greg Federspiel was present as well as approximately a dozen residents. JK asked those in attendance if the reading of the Public Hearing Notice could be waived. No one objected.
JK made a motion to waive the reading of the Notice of Public Hearing and KM-V seconded the motion. The Board voted to approve the motion 4-0.
Mark Bobrowski presented the three amendments to the Lenox Zoning Bylaw that are proposed for the Special Town Meeting to be held on April 15, 2008.
The first amendment would allow for the overall update and re-codification of the current Lenox Zoning Bylaws dated December 12, 1969 and the replacement of the document in its entirety with the Lenox Zoning Bylaws dated March 2008. The intent of this amendment is to make the Bylaw clearer and easier to understand. The proposed re-codification does not change what is allowed or not allowed. Mr. Bobrowski described all sections of the re-codification.
This second amendment proposed would remove Retirement Communities from the Lenox Zoning Bylaws. If the first amendment failed, the second amendment could be approved by the voters. Members commented that the Retirement Community provision has been abused to get around zoning requirements and is difficult to enforce. Mr. Federspiel pointed out that one could build a project and have it age restricted without this amendment, but that removing Retirement Communities from the Bylaw would take away special privileges.
The third amendment would remove Open Space Residential Development District in its entirety and replace it with Flexible Development. Flexible Development is something Mr. Bobrowski is familiar with. He discussed this use in other communities and provided considerable detail to those in attendance.
JK made a motion to close the public hearing and KM-V seconded the motion. On a motion by JK, seconded by SS, the meeting was adjourned at 9:05 p.m.
Respectfully submitted,
Peggy Ammendola, PA
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