Town of Lenox
Planning Board
Minutes – June 10, 2008
Members present: Joe Kellogg (JK), Chair, Kim Reopell Flynn (KRF), Kate McNulty- Vaughan (KMV) and Gary Schiff (GS). Steve Sample (SS), Vice - Chair was not present- with notice.
Also in attendance: Mary Albertson (MA), Town Planner. Peggy Ammendola was not present - with notice.
JK called the meeting to order at 6:02 PM. Action on the minutes was tabled to the end of the meeting. There were no ANR plans submitted.
Recommendation on the Cranwell Special Permit Extension
Attorney David Hellman and Marilyn Hanson were present to represent the Fitzpatrick-Browns who are requesting a six year extension on a Special Permit for the Coldbrooke Southeast section of the modified master plan of “Cranwell”. Attorney Hellman explained that substantial construction commenced in 1998 – 1999 with regard to the original Cranwell Special Permit granted in 1997. The Fitzpatick-Browns, purchased seven lots (21.8 acres) that were permitted as part of this project. Attorney Hellman noted that the Bernstein case is the lead case on point, in which extensions longer than two years are permitted. Discussion ensued regarding the original Cranwell Special Permit and Master Plan. KRF shared a great deal of information regarding the development and
construction at Cranwell. MA agreed with Attorney Hellman regarding the Bernstein case. KRF made a motion to recommend that the ZBA grant the six year extension provided Town Counsel was in agreement with the six year timeframe. Seconded by GS. The Board voted 4-0 in favor.
Informal Discussion - Flexible Development Bylaw
JK thanked the audience for attending the meeting to discuss the proposed Flexible Development Bylaw. It was noted that the turnout was low probably due to the fact that there was a storm underway and the area was under a tornado watch. JK assured those present that there would be additional discussion meetings on this topic. MA distributed handouts.
James Jurney, Jr. stated that he is the Chairman of the Historical Commission and his family owns Springlawn. His is concerned that the Flexible Bylaw will undermine the Great Estates Bylaw. He noted that to opt into the Great Estates Bylaw one must preserve the historic “cottage” house. The Flexible Bylaw does not have this provision. JK thanked Mr. Jurney for his thoughtful input and suggested that in addition to working on the Flexible Development Bylaw, the Board should also revisit the Great Estates Bylaw. MA noted that Mark Bobrowski suggested that the town should review the Great Estates Bylaw.
There was discussion regarding the current mandatory requirement for OSRD. JK suggested that Mark Bobrowski cautioned the town on mandating uses that require a special permit. JK explained that developers need incentives to make open space developments worthwhile. He shared his experience in Cambridge noting that down-zoning with incentives allowed for good planning played a key role in encouraging developers to work with the city. Discussion ensued regarding side yard and buffer requirements. The consensus of the members is there needs to be flexibility.
Jim Herrick suggested that four-family structures are apartments and are not appropriate in the R1-A District. He noted that affordable housing should be a stand-alone bylaw and there should not be incentives for affordable housing in an open space bylaw. He is very concerned about multi-family dwellings in the R1-A district. He is also opposed to wetlands counting toward the open space requirement.
Mary Jo Piretti suggested the concept of flexible development sounds good but in reality it doesn’t work. She is also concerned about allowing multi-family structures in the R1-A. She suggested that the Flexible Development Bylaw will encourage development and questioned the need for encouraging development.
JK stated that the Flexible Development Bylaw does not encourage development. Conventional and Approval Not Required Subdivisions are allowed by right. The Flexible Development Bylaw gives the board greater control because it is by Special Permit. KRF noted that she understands that Mr. Herrick had a large project proposed in his neighborhood; however, the Flexible Development Bylaw could be a good land use tool for the town.
Mary Jo Piretti continues to have concerns regarding the Flexible Development Bylaw and suggested that if the Board moves forward with this bylaw that it should be limited to single family structures only. Jim Herrick shares this sentiment and asked the Board to consider the fact that it is stressful for citizens to participate in special permit cases and to speak-out at public hearings. The R1-A is the R1-A - the town should leave it alone.
JK stated that the Board appreciates the input and will continue to work on the Flexible Development Bylaw. James Biancola was unable to attend this meeting but submitted written comments via email. The Board will conduct additional discussion meetings and recommended that interested parties consult the website or the land use office for future dates and times.
Old Business
East Ridge Preliminary Subdivision Letter - MA informed the Board that she received a letter from Rob Akroyd requesting a postponement of the informal hearing for the East Ridge preliminary subdivision. It is her understanding that Mr. Akroyd is meeting with the neighbors and will contact the land use office to arrange a date for the informal hearing. Motion made by KRF to accept the letter. Seconded by GS. The Board voted 4-0 in favor.
Open Space & Recreation Plan Update - MA offered an update on the status of the Open Space & Recreation Plan Update. She noted that Joellyn prepared the draft prior to leaving BRPC. MA is now working with Lauren at BRPC. Lauren had some corrections and comments regarding the plan. MA will work on a revised document. KMV noted that she had a number of corrections.. KMV will get her corrections to MA as soon as possible. MA suggested she would like to have the corrections prior to the next meeting so she can prepare a revised draft for the Board’s review.
Minutes
April 8, 2008: KRF made a motion to approve the minutes as edited by JK. Seconded by KMV. The Board voted 3-0-1 in favor with GS abstaining as he was not a member of the Board until May 5,2008.
April 30, 2008: KRF made a motion to approve the minutes as edited by JK. Seconded by KMV. The Board voted 3-0-1 in favor with GS abstaining, as he was not a member of the Board until May 5, 2008.
May 13, 2008: KRF made a motion to approve the minutes as edited by JK. Seconded by KMV. The Board voted 3-0-1 in favor with GS abstaining, as he did not attend the meeting.
May 27, 2008: GS made a motion to approve the minutes as edited by JK. Seconded by KMV. The Board voted 4-0 in favor.
New Business
JK asked the Board to vote to reaffirm the election of officers and appointments made at the May 27meeting. KRF made a motion to reaffirm the election of officers and appointments as discussed and voted at the May 27 meeting. Seconded by KMV. The Board voted 4-0 in favor.
JK and MA informed the members that the Board of Selectmen received two resumes for the Board opening to be created by KRF’s resignation. The members asked MA to report back to the Town Manager that the PB would like to meet with the Selectmen at their July 30 meeting but suggested that if the Selectmen would like to act on this earlier they could attend the July 8 or July 22 Planning Board Meeting. KMV asked that the Selectmen try to get more resumes for the position.
At 7:40 PM, KMV made a motion to adjourn the meeting. Seconded by KRF. The Board voted 4-0 in favor.
Respectfully Submitted,
Mary Albertson, Town Planner
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