Town of Lenox
Planning Board
January 13, 2009
Land Use Meeting Room
Members present: Chair Joe Kellogg, JK; Gary Schiff, GS; Kate McNulty-Vaughn, KM-V; Steve Sample, SS; Ken Fowler, KF
Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, Land Use Clerk; PA
The meeting was called to order at 6:00 pm.
Minutes: SS made a motion to approve the minutes of December 16, 2008 and GS seconded the motion. The Board voted to approve 5-0.
Continued Discussion Flexible Development Bylaw: Rob Hoogs presented another version of a development that could be allowed under the proposed new Flexible Zoning bylaw. As before, for demonstration purposes, Mr. Hoogs used the Pine Knoll development which consists of 88 acres. This version would include duplexes and multifamily homes that would be more clustered with approximately 61 acres reserved for open space. The Board felt more comfortable with this illustration. Mr. Hoogs will work with the Town Planner to re-write the proposed Bylaw to accomplish the desired results. The informational public meeting on a proposed Flexible Development bylaw will be January 27, 2009.
Public Hearing: Yokun Ridge Property Management LLC petition to rezone its property on Main Street and Cliffwood Street being parcels 69 & 69-1 shown on Assessors Map 43 from its current zoning classification of “R-15” to “Commercial” with a 10 feet wide strip of land with frontage on Cliffwood Street to be rezoned “R-30”.
Present for this discussion were Attorney Philip Heller, representing Yokun Ridge, and Mr. Welch who is one of the principals. The two parcels were purchased by Yokun Ridge in 2007. Mr. Heller gave an overview of the petition and described the parcels. He said that under the existing zoning, single family homes are allowed on both properties by right. One could have a footprint of 3200 square feet and the other could exceed that size. Duplexes could be built on either property by Special Permit and the “use” for apartments is allowed in the R15 zone.
Mr. Welch’s proposal is to construct one two story building with a footprint of 3200 square feet (80’ X 40’) on the combined parcels. Access would be on Main Street. The proposal is to have three offices on the ground floor and two apartments on the second floor. Mr. Heller explained that the ten foot strip is reserved to make it clear that no access would be from Cliffwood Street. He cited state law which says that you cannot have access from a less restricted zone to a more restricted zone without a variance. Mr. Heller pointed out on the zoning map the demarcation of the commercial zone and stated that in his opinion this is not spot zoning because the commercial zone is in the immediate vicinity.
Three residents spoke against the petition. Jim Biancola argued that the area is residential; Cornelia Brooke Gilder said that the parcels have been kept open (no structures) by previous owners since the 1920’s; Pam Kueber opposes a commercial use in this location.
Three letters were received. JK read the letters from George Jordan and Suzanne Pelton of the Lenox Historical Commission. The third letter, from Andrea Winter and Daniel Mintz, was summarized by JK. All were in opposition.
Kristine Sprague expressed her concern about the shape of the lot and the square footage proposed.
Mr. Welch responded that with the two lots, he could build two homes each having a curb cut, one from Main Street and one from Cliffwood Street. In that scenario the density would be greater than his proposal and the two curb cuts would be obtrusive.
On a motion by SS, seconded by GS, the Board voted 5-0 to continue the public hearing to January 27, 2009 at 6:30 pm.
7:00 PM - Public Information/Input Event (Town Hall Auditorium)
Potential Zoning Bylaw amendments including:
1. The adoption of a new Inclusionary Bylaw to encourage the creation of new affordable housing opportunities.
2. Section 6.10 – Great Estates.
There were approximately 45 individuals in attendance. Handouts on both amendments were made available. JK stated that the purpose of this informational meeting is to gather the public’s input, answer questions and address concerns with the idea of having better bylaws to present at Town Meeting.
1. JK explained that an Inclusionary Bylaw provides for affordable housing in residential developments. Some communities make it mandatory, but this Bylaw amendment is scaled such that small developments are not required to provide affordable housing, but if they do, density incentives are made available. JK also explained that State law requires communities to have at least 10 percent of their housing stock affordable. If they do not, a “friendly 40 B” project could come in and override the Zoning Bylaws. It is hoped that with this new bylaw the developers will take advantage of the incentives which would help with the need for affordable housing. He reviewed the information provided in the handouts with the audience and several asked questions.
Members of the public asked questions regarding the definition of affordable housing, the ability of developers to provide affordable units given the proposed density bonuses. Members of the public also asked questions regarding the long-term restriction on the units to ensure the units remain affordable. At the conclusion of the discussion, participants were encouraged to submit any additional comments or questions in writing to the Board or MA.
2. Great Estates: JK summarized the proposed amendment to the Great Estates Bylaw. He explained that this proposal gives the ability of an existing Great Estate to have a “by right” use for an inn with limitations. The idea is to give the property owners the incentive to preserve these historic properties. Also there is a proposal to amend Section 9.3.2. that would correct an inconsistency regarding projects which require both a variance and special permit.
There was one objection to allowing a “by right” use, but others spoke in favor citing the preservation of these properties and increasing tax revenue.
There will be a formal Public Hearing on February 10, 2009 on both proposal Zoning Bylaw amendments and it is anticipated that there will be a Special Town Meeting the end of February or in early March to request voter’s consideration of adoption.
SS made a motion to adjourn at 8:30 pm and GS seconded the motion. The Board voted to adjourn 5-0.
Respectfully submitted,
Peggy Ammendola
| 
