Town of Lenox
Planning Board
April 30, 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
Meeting was called to order at 6:01 PM
Minutes:
March 25, 3008 JK made a motion to approve the minutes with minor edits. SS seconded the motion and the Board voted to approve 4-0.
April 8, 2008 The Board wanted more time to review before approval.
ANR Plans:
1) Clearview P&BC, LLC and Michelle Santangelo, Map 1 Parcel 35 Brian Koczela of BEK Associates presented the Form A. The property, located on Sargent Brook Road, is owned jointly by the applicants. Parcel 1 is being transferred to Ms. Santangelo and Parcel 2 is to be retained by Clearview P&BC, LLC as access to Laurel Lake. The lots are not being created as building lots. JK made a motion to approve the ANR and KM-V 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.
2) CR Resorts, LLC. (Canyon Ranch) Rob Hoogs of Foresight Land Services presented the Form A for The Plan of Land Condominium Lot, dated April 22, 2008. The lot consists of 10.26 acres with 240 feet of frontage on Kemble Street. The lot line reconfiguration includes all of Map 7 Parcel 46 (1.53 acres) and a portion of Map 7 Parcel 43 and a portion of Map 7 Parcel 50. All three parcels are contiguous and owned by CR Resorts, LLC. SS made a motion to approve the Form A as presented and KM-V seconded the motion. The Board voted to approve 3-0.
KRF returned to the meeting to Chair.
Sign on Town Property:
MA asked the Planning Board to review a request from the Board of Selectmen for the Planning Board’s endorsement of a sign to be placed on Town property. The Chamber of Commerce is sponsoring a sculpture show from the end of May to the end of October. The promoters of the show wish to place a sign on the west side of the Town Hall next to the park bench. The sign will be double sided and measure four feet by 1.5 feet. JK made a motion to endorse the placement of the sign and SS seconded the motion. The Board voted to approve 4 to 0.
Planning Board Reports for Town Meeting
1) Report regarding Article 27- Replace OSRD with Flexible Development Bylaw
JK recommended that this Article be passed over as there are still areas of concern relating to the Flexible Development Bylaw. The Board agreed there is a need for more time to review and to have additional public meetings. This could possibly be brought to a Special Town Meeting in the fall. JK made a motion that the PB recommend at Town Meeting that the article be passed over until the Board can give the matter proper attention. SS seconded the motion and the Board voted to approve 4-0. SS suggested that after the Annual Town Meeting this matter be given priority. The Planning Board will have public meetings and workshop meetings with other Land Use Boards to discuss this thoroughly.
KRF recused herself as she is employed by Philip F. Heller. JK served as acting Chair.
2) Report to the Annual Town Meeting regarding Article 28 - Vahle Zone Change Requests. Present were attorneys for William Vahle, Philip Heller and Emil George. This article deals with two issues. The Board decided to vote on these issues separately.
a) The first issue is to correct the map to match the text of a decision made twenty years ago. The Lenox Zoning Map erroneously shows Mr. Vahle’s property (Five Chairs) in both C-1A and C-3A. Mr. Heller said the original intent was that all of the property was to be in the C-1A zone.
KM-V made a motion to approve the zoning change as presented by Mr. Vahle’s petition. SS seconded the motion and the Board voted to approve 3-0.
JK stated that this change would enable the possibility of realigning West Mountain Road with the traffic light at New Lenox Road. This would solve a dangerous traffic situation and provide for better traffic flow. After some discussion it was decided to amend the motion.
KM-V made an amended motion to approve the zoning change as presented by Mr. Vahle with the understanding that this change would enable the possibility of the realignment of West Mountain Road with the existing traffic light at New Lenox Road to eliminate the current hazardous situation at West Mountain Road and Route 7.
b) The second issue deals with amending the Zoning Bylaws to allow drive up windows. There are five drive-up windows in Lenox, but the recent interpretation of the Bylaw is that they are not allowed.
Mr. George wanted it known that he is not implying that there is a firm commitment from CVS that they will be building a drug store on Mr. Vahle’s property.
Ms. Albertson had prepared a revised report with input from Mark Bobrowski to recommend different language for the drive-through amendment.
SS made a motion to recommend the revised report prepared by the Town to allow drive- throughs in the C1A Zone only. KM-V seconded the motion. The Board voted to approve 3-0.
The board discussed preparing their presentations at the Annual Town Meeting for the Zoning Bylaw amendments with coordination with the Town Moderator and Town Counsel.
KRF returned to the meeting to Chair.
Reservoir Road: Just before this meeting, the Planning Board attended a Public Hearing with the Selectmen to discontinue Reservoir Road. JK made a motion to recommend that the road be closed as presented at the Public Hearing. SS seconded the motion. The Board voted to approve 4-0. MA will write a letter to submit to the Selectmen.
Informal hearing to review the Open Space plan: MA related to the Board that former Town Planner Joellyn Warren had worked on the Open Space plan with the expectation of completing the project prior to her departure. MA has it ready for the Board to review and vote upon. This was scheduled for May 13, 2008.
New Business
East Ridge Preliminary Subdivision: The Board scheduled an informal hearing for the East Ridge Subdivision for the May 13, 2008 agenda.
James Jurney Sr. has requested to come before the Planning Board to discuss informally his Springlawn project.
Review of Public Hearing notices from Lenox and neighboring communities. It was agreed that the following ZBA applications for Lenox will not be reviewed by the Planning Board:
1) Paul T. and Joan L. Davis, 54 New Lenox Road (Map 49, Parcel 5) Special Permit-Section 5.5 to allow the enlargement of an existing attached garage and construction of an addition to the house.~
2) Shelly Williams 8 Franklin Street (Map 43, Parcel 191). Special Permit under Section 9.7.2 - Outdoor Dining to allow seasonal outdoor dining as an accessory use to an eating establishment.
3) Joseph D. Burke, 10 Catherine Street (Map 38, Parcel 17). Special Permit under Section 5.5 or, in the alternative, a Variance from Section 8.4. The petitioner seeks to remove his existing garage and replace it with a larger garage.
4) Greylock Federal Credit Union and Joseph Nejaime, 444 Pittsfield Road (Map 50, Parcel 12). Modification of the Special Permit granted on November 15, 2007 related to lighting plan.
5) David K. Ferry, 91 East Street (Map 8, Parcel 57), Variance from Section 8.4. to allow the reduction of the northern property line setback from the required 25 feet to 18 feet – six inches.
Section 4 .8 of the Zoning Bylaw Relative to “Pork-Chop” Lots. KRF wanted to discuss the deletion of this section in the re-codification of the Zoning Bylaw . She has received calls from a few property owners who have been affected by the deletion. She made clear that the reference of the date, January 1, 1967, was illegal, and on the advice of Attorney Mark Bobrowski, the section was deleted. MA said that she had spoken to a resident who expressed concern and she suggested that they write to the Board to express their concerns.
JK made a motion to adjourn the meeting and KM-V seconded the motion. The Board voted to adjourn 4-0. The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Peggy Ammendola
| 
