Town of Lenox
Planning Board
September 22, 2009
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Ken Fowler, KF; Kate McNulty-Vaughan, KMV; Steve Sample, SS; and Gary Schiff, GS.
Staff present: Mary Albertson, Town Planner, MA.
The meeting was called to order at 6:00 pm.
Approval Not Required Plans: There were no plans submitted.
Discussion of Places of Assembly: Bill Thornton, Building Commissioner, was present at the Board’s request for a discussion about “places of assembly”. JK explained that the Board is exploring the possibility of instituting appropriate zoning restrictions for such uses, specifically to lessen their impact in residential neighborhoods. Prior discussions made it clear that we need to have a better understanding of what constitutes a “place of assembly”. Mr. Thornton responded that an applicant for a building permit must disclose the use of the proposed building and whether it is a place of assembly. The permit application is then reviewed to determine the type of construction and the floor it is located on if the building is to be used for assembly purposes. Mr. Thornton noted that religious and educational uses are not considered under this section of the Building Code and regulated as a separate category of the Code. Discussion ensued regarding the impact of large buildings
on residential neighborhoods. JK said the Board was not concerned so much about the proposed use of a structure but whether it creates an impact on the neighborhood and so is looking to have some control over site development such as building design, parking, utilities and landscaping.
JK suggested that Site Plan Approval might be the best way to regulate the impacts of large buildings in residential zoning districts, since this would allow some flexibility depending on each particular situation. He proposed that buildings over a certain square footage be required to apply for Site Plan Approval from the Planning Board. Discussion ensued regarding building size. Members will continue this discussion and try to come to a consensus on the matter at its next meeting. FAR regulations, removal of Section 6.7 and revised use categories were also discussed.
Discussion regarding Temporary Uses: MA and JK noted that that temporary uses were a recent topic of discussion on the MassPlanners Listserv and asked if this is a subject we should address in our Zoning Bylaw which does not presently regulate such matters. Members agreed to consider adding a definition of temporary uses during the next bylaw revision.
Review and Approve Open Space and Recreation Plan: KMV said she read the plan and noted a few minor errors that need to be corrected. She will coordinate the corrections with MA. KMV made a motion to accept the plan with the minor corrections and submit to the State for approval and SS seconded the motion. The Board voted 5-0- to approve.
Update on Route 7/20 Corridor Project: JK advised the Board that the Berkshire Regional Planning Commission has finally received grant funding to prepare a Route 7/20 Corridor Study. JK said he would like the Planning Board to be involved in this project and he offered to serve as the liaison. Members agreed that JK will serve as the Board’s liaison for this project.
ACEC Update: There is a Stewardship Committee meeting on Thursday – September 24, 2009 at 7:00 PM.
Meeting with the Chamber of Commerce regarding off-premises sales: Ralph Petillo, Director of the Lenox Chamber of Commerce, was present and said the Chamber would like the Town to regulate off-premises sales involving vendors selling out of the back of their trucks. He also asked that the Town require that all businesses be required to obtain a license.
MA explained that the Town Clerk already issues “Doing Business As (DBA) Certificates”. In theory all businesses are supposed to obtain a DBA Certificate. The Town Clerk is required to forward this information to the State. The consensus was that the Town already has a procedure for businesses to register and there is no need for further regulation.
MA distributed a handout on off-premises sales containing two examples of regulations. One example is a general bylaw as is used in the Town of Rockland. The other example is a zoning bylaw offered by Mark Bobrowski. Discussion ensued. Members agreed that the Bobrowski model may be more appropriate and should be considered during the next zoning bylaw revision.
It was noted that, as we have done in the past, the Board will conduct informal public information and input sessions before it moves any zoning bylaw amendment proposal to a formal public hearing and Town Meeting. Mr. Petillo thanked the members for their consideration.
The Board and Mr. Petillo also discussed the idea of developing a brochure to better explain how to obtain Town approvals and permits for new businesses. MA will discuss the idea with the Town Manager to determine if resources are available for the project.
Minutes: GS made a motion to approve the minutes of August 25, 2009 and KF seconded the motion. The Board voted 5-0- to approve. KF made a motion to approve the minutes of September 9, 2009 and KMV seconded the motion. The Board voted 3-0- to approve. (GS and SS abstained as they did not attend the meeting.)
Meeting Change: Members agreed to have the next Board meeting on Wednesday, October 14, 2009 instead of Tuesday, October 13, 2009.
GS made a motion to adjourn at 7:45 pm. KF seconded the motion and the Board voted 5-0 to adjourn.
Respectfully submitted,
Mary Albertson
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