Town of Lenox
Planning Board
June 23, 2009
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Ken Fowler, KF; Kate McNulty-Vaughan, KMV; Gary Schiff, GS; Steve Sample, SS
Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, Land Use Clerk, PA
The meeting was called to order at 6:10 pm.
Minutes: GS made a motion to approve the minutes of June 9, 2009 and KMV seconded the motion. The Board voted to approve 4-0-1 with SS abstaining as he was not present at that meeting.
Recommendation to the Board of Selectmen - Jim Harwood Architect Sign: The Board reviewed Mr. Harwood’s request for approval to install a directional sign on Town Property on Walker St. Under Section 5.2.4.5 of the Zoning Bylaw, a directional sign may be installed with the approval of the Board of Selectmen after review by the Planning Board. The Board recessed to visit the site and returned to vote. KM-V made a motion to recommend to the Board of Selectmen that the applicant consider an alternative location for the proposed sign on contiguous private property rather than on Town property so as to not impede the public right of way, or visibility of existing signage. KF seconded the motion and the Board voted to approve 5-0. MA will send a letter on behalf of the Board.
Discuss Procedure for Recommendations to the ZBA
· Aspinwell Workforce Housing – (Lenox Woods @ Kennedy Park)
· Drive-Through Bank - Pittsfield Road
· Transfer Station – Willow Creek Road
The three projects listed above are seeking Special Permits and are scheduled to be heard in July by the Zoning Board of Appeals. The Selectmen would like the ZBA and Planning Board to have joint meetings on large projects such as these for the convenience of the applicants and to assure that both boards are on the same page. It was hoped that this suggestion could have been discussed at the All Boards meeting earlier in June, but only one ZBA member attended who advised that he could only speak for himself. KM-V shared with the Board a recent conversation she had with another ZBA member who expressed concerns of combined hearings as he feels that the two boards have different roles and the Planning Board is elected whereby the ZBA is an appointed board. JK strongly supports the joint meeting
procedure and suggested that the Selectmen try and arrange a joint meeting with the Planning and Zoning boards to discuss the proposal.
In the interim, the Board decided that it should review the noted three petitions under the old procedure at their July 14, 2009 meeting and that the ZBA be asked to not make decisions until the Planning Board has reached their decisions on recommendations.
Continued Discussion - Open Space Plan Update: MA stated that this project is almost complete and that she should have a document for the Board’s review by the next meeting.
Continued Discussion – Zoning Amendments
· Section 6.3 – Outdoor Dining: MA advised that the Church Street improvement project now under construction will involve a major widening of the sidewalks, making it difficult for any restaurant to meet the current setback requirement. It was agreed that this section of the bylaw needs to be reviewed and amended.
· Section 6.7 – Educational & Religious Uses: MA reported she is still waiting for the American Planning Association book on RLUIPA. James Jurney Jr. was present and encouraged the Board to action on this matter as quickly as possible as it is very important to the Great Estates
· FAR Regulations: MA provided copies of a model “Pattern Book” and explained it was a concept that received a great deal of discussion on the Planners ListServe. The “Pattern Book” concept encourages towns to regulate design and building mass vs. strict regulation. It is a suggested alternative to FAR requirements. She also shared an American Planning Association article on a community in Colorado that has transfer of development rights for residential density.
March 24, 2009 Special Town Meeting Zoning Amendments: MA advised that Goulston & Storrs, a law firm in Boston, on behalf of George Krupp, filed a letter of opposition with the Attorney General regarding Special Town Meeting Article 4 relative to the Great Estates, alleging it was an illegal spot zoning. Town Counsel will be preparing a response to the AG.
SS made a motion to adjourn at 7:20 pm. GS seconded the motion and the Board voted 5-0 to adjourn.
Respectfully submitted,
Peggy Ammendola
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