Town of Lenox
Planning Board
October 14, 2008
Land Use Meeting Room
Members present: Chair Joe Kellogg, JK; Ken Fowler, KF; Kate McNulty-Vaughn, KM-V; Steve Sample, SS; Gary Schiff, GS
Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, Land Use Clerk, PA
The meeting was called to order at 6:00 p.m.
W/S Development Associates, LLC – Informal Presentation on plans for the Lenox Center Shopping Center
Also present to hear the presentation were Board of Selectmen members Steve Pavlosky and Kim Reopell Flynn as well as Zoning Board of Appeal members Pam Kueber and Ned Douglas.
A presentation was made by Bob Frazier and Jeff Heidelberg of W/S Development Associates, LLC, the development arm of S.R. Weiner Associates. W/S Development proposes the redevelopment of the Lenox Center shopping center. The proposed project includes the demolition of an existing 956 s.f. building for the construction of a new 13,000 s.f. pharmacy with 2 drive-through lanes. They also propose a new 73,000 s.f. building on the northern side of the existing parking lot to accommodate the expansion of an existing tenant. The existing 110,000 s.f. building will be rehabilitated. There are no new tenants at this time. Proposed site improvements include a redesigned driveway & parking areas, new landscape areas and improved storm-water drainage systems. The existing fire pond
will be dredged. The driveway will remain in the same location. The project requires MEPA (Massachusetts Environmental Policy Act) review because the expansion will generate over 3,000 new vehicle trips per day.
Mr. Heidelberg told the Board that an Abbreviated Notice of Resource Area Delineation (ANRAD) has been filed with the Conservation Commission and that they will be meeting with the Commission on October 16, 2008. An Environmental Notification Form will be filed on October 15 with the Office of Environmental Affairs. The developer anticipates a six month review period for state and local permits.
Inclusionary Zoning Bylaw Discussion
MA prepared revised versions of the Flexible Development Bylaw and the Inclusionary Bylaw and emailed on October 7, 2008 to the Board for their review. She stated that she has shifted from a mandatory system that was in the first draft, to a special permit, density bonus system. The Board is seeking a system that will encourage a developer to create affordable units on their own. MA said that there are no models of this bylaw in Berkshire County. MA asked the Board to review and make comments. She has arranged to meet with Rob Hoogs of Foresight Land Services who has offered to provide advice and comments on the proposal.
Great Estates Bylaw Revision Discussion
Present were the following: Attorney Phillip Heller, Ethan Berg, James Jurney Sr., James Jurney Jr., Christine Sprague and Suzanne Pelton, representing the Historical Commission
Mr. Heller said that he has been in discussion with Mr. Berg about the Great Estates Bylaw and how it applies to Mr. Berg’s property and the other Great Estates.
Before the Great Estates Bylaw was enacted, many of the properties were vacant or used for non profit purposes which generated no taxes. In an attempt to provide incentives to owners and or developers, the Great Estate Bylaw was created with the purpose of preserving the estates and allowing, with certain limitations, further development of the property. To be a Great Estate there is a 25 acre minimum area requirement. Some of the smaller Great Estates meet the 25 acre minimum but given the location of the existing historic structures – it is impossible to meet the 200 foot buffer requirement. A special permit and a variance are required and this makes redevelopment, restoration and reuse very difficult.
In recent litigation involving the Ethylwynde property, the courts determined that our bylaw does not allow our zoning board to grant a special permit and variance at the same time. This ruling is under appeal. Mr. Heller proposed that the subject language be revised to remove this prohibition.
Mr. Heller also proposed an amendment to the Great Estates Bylaw that would allow a Great Estates Inn as a by-right use with certain restrictions. Discussion ensued and Board members suggested that Mr. Heller work with MA to work out detailed language for further consideration.
Ms. Pelton said that the Historic Commission is supportive of the proposed amendment, but would like to add other historic properties. The consensus was that it may be impractical to do so with this amendment. It was suggested that she develop a list of proposed properties for inclusion in the order of preference.
Minutes of September 23, 2008: SS made a motion to approve the minutes as amended and KF seconded the motion. The Board voted to approve 5-0.
Other business:
Decisions and public hearing notices were read.
ACEC-Housatonic River Initiative Hearing on Tuesday, October 21, 2008.
November 11, the regularly scheduled meeting, is cancelled due to Veteran’s Day.
All Boards Meeting will be on November 12, 2008 at 5:30 pm. Following the meeting at 7:00 pm the Planning Board will meet.
GS made a motion to adjourn the meeting and KM-V seconded the motion. The Board voted 5-0 to adjourn at 7:55 pm.
Respectfully submitted,
Peggy Ammendola
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