Town of Lenox
Planning Board
May 26, 2009
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Steve Sample, SS; Ken Fowler, KF and Kate McNulty-Vaughan, KMV. Absent with notification: Gary Schiff.
Staff present: Mary Albertson, Town Planner, MA.
The meeting was called to order at 6:05 pm.
Approval Not Required Plans: There were no plans submitted.
Minutes: SS made a motion to approve the minutes of May 12, 2009 and KMV seconded the motion. The Board voted to approve 4-0.
Continued Discussion – Section 6.7, Educational and Religious Uses: MA said the book she planned to order on RLUIPA will be published in June. Discussion ensued regarding places of assembly. Members also discussed the placement of commercial or industrial grade equipment on buildings in a residential neighborhood. The example of a commercial grade air conditioner was noted. JK is interested in the concept of reviewing projects through Site Plan Approval only. MA will continue to research this topic.
Off-Premises Sales – MA said that at the request of the Chamber of Commerce, the Town has been asked to investigate regulating off-premises outdoor sales. Discussion ensued regarding the need for this type of bylaw. JK noted his experience with a similar type of bylaw used in Rockland. He stated that it needs to be carefully crafted or there can be unintended results. MA will see if she can get a copy of the Rockland bylaw. She will invite the Chamber of Commerce to attend a Planning Board meeting in July to discuss their concerns and the specific need for the bylaw. Members also suggested that MA invite Bill Thornton, Building Commissioner to attend this meeting.
Land Use Partnership Act (LUPA): JK stated that handouts were distributed at the last meeting. JK and MA attended a meeting recently on LUPA. They explained that there are two bills that have been filed to address land use reform. One is LUPA and the other is the Community Planning Act (CPA2). Today, the legislative hearing process started in Boston. JK said he talked to Nat Karns and at some point the Berkshire Regional Planning Commission will work with its communities to prepare a position paper.
Public hearing notices and decisions from abutting communities and Lenox were reviewed. JK also read a notice from the Executive Office of Energy and Environmental Affairs regarding a meeting on Thursday May 28, 7 -9, at Lenox Town Hall to discuss the recently approved ACEC.
SS made a motion to adjourn at 7:05 pm. KF seconded the motion and the Board voted 4-0 to adjourn.
Respectfully submitted,
Mary Albertson
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