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Planning Board Minutes,02/24/2009
Town of Lenox
Planning Board
February 24, 2009
Land Use Meeting Room

Members present: Chair Joe Kellogg, JK; Kate McNulty-Vaughan, KM-V; Steve Sample, SS; Ken Fowler, KF
Absent with notification: 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 pm.

Minutes: SS made a motion to approve the minutes of February 10, 2009 and KF seconded the motion.  The Board voted to approve 4-0.

Pre-Application Meeting with Rob Akroyd-Brushwood Farms:  Making the presentation was Rob Akroyd of Greylock Design Associates.  Also representing the Brushwood Farms project were Michael Wang, of Arrowstreet Architecture, Attorney David Hellman, and Gregg Lund of Wellesley Advisors Acquisition Trust

Suzanne Pelton of the Historical Commission was also present.

It was noted that the proponents had appeared before the Planning Board on April 8, 2008 for an informal discussion of a proposed mixed use development at the Brushwood Farms site.  Mr. Akroyd gave a brief update of the project and stated that the site plan and all of the components for this project are the same as before.  The purpose of their appearance tonight is to determine the best approach for filing permit applications with the various Town boards.  Mr. Akroyd feels that the process should begin by first filing for a special permit under the Gateway Overlay District with the Zoning Board of Appeals; obtain approval of a master comprehensive plan, and then wait to submit for site plan review until they are ready to begin the first phase.  The reasoning is that the project and economic landscape may change, requiring modification and/or waivers.
Mr. Akroyd said that site plan review is usually conducted by the Zoning Board, but under the Gateway Overlay, site plan review is conducted by the Planning Board.  This inconsistency is an issue of concern in the event of an appeal.  Mr. Hellman asked if it would be prudent to clear up the inconsistency in the bylaw first.  JK said that there is not enough time to propose an amendment before the Annual Town Meeting in May.

JK suggested that a rough site plan be submitted with the Special Permit application and that the Planning Board participate in the initial review meetings with the ZBA in order to have an early understanding of the plans.    Mr. Hellman will provide a letter to MA outlining a review procedure.  MA will review the letter with Town Counsel.

After the departure of the proponents of Brushwood Farms, Ms. Pelton expressed her concern for a structure on this property formerly known as the Sweet Basil Grill.  She told the Board that the structure was built in the mid 1700s.  JK informed Ms. Pelton that the bylaw does not prohibit a demolition of the structure, but suggested she contact Mr. Akroyd to find out what their plans are in relationship to this building.

Other business:
·       Open Space Flexible Development Bylaw:  Jan Chague was present to discuss and comment. The public hearing will be held on March 10, 2009 at 7:00 pm in the Board of Selectmen’s meeting room.  The Board was given handouts which included the comments of Jim Biancolo and Attorney Philip Heller.
·       ACEC:  Board members were given a letter from Eleanor Tillinghast asking that the Board send a letter to the State opposing EPA’s request to exempt the Housatonic River Cleanup from the ACEC.  This matter will be discussed at the next meeting.  
·       Report on Proposed Zoning Bylaw Amendments:  The Board agreed to hold a special meeting on March 18, 2009 at 6:00 pm to finalize their report to the Special Town Meeting on proposed Zoning Bylaw amendments.    
·       Special Town Meeting: March 24, 2009 at 7:00 pm.
·       Community Preservation Commission -JK told the Board that a public hearing was held on February 23, 2009.  Eight projects have been submitted and six projects are being considered for funding.    JK gave a brief overview of each project and asked the Board to rank them.  The three which received a positive response were:
1.      Putting funds aside for land purchase
2.      Joint acquisition of the Baczek property on East Street.
3.      Sawmill Brook project
·       Public hearing notices and decisions from neighboring communities were reviewed.
·       Zoning Board public hearing on March 4, 2009 for an accessory apartment permit request of Margaret McTeigue of Cliffwood Street.

KM-V made a motion to adjourn at 7:55 pm.  SS seconded the motion and the Board voted 4-0 to adjourn.

Respectfully submitted,
Peggy Ammendola