Town of Lenox
Planning Board
October 27, 2009
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Ken Fowler, KF; Kate McNulty-Vaughan, KM-V; Steve Sample, SS; and Gary Schiff, GS
Staff present: Mary Albertson, Town Planner, MA and Peggy Ammendola, Land Use Clerk, PA
The meeting was called to order at 6:00 pm.
Approval Not Required Plans: There were no plans submitted.
Petition of John and Michelle Tran 274 Pittsfield Road: JK explained that the Board has received a repetitive petition appeal under MGL Chapter 40A, Section 16. Recently, the Zoning Board of Appeals (ZBA) denied the special permit and variance application of John and Michelle Tran to construct an attached garage at their home located at 274 Pittsfield Road. The Trans wish to apply to the ZBA again to be permitted to build the garage at a different location on their property. State law prohibits the property owner from filing a new application for two years unless the Planning Board gives their consent. Presenting the petition was Vince Carchedi Jr., contractor, and Michelle Tran. Mr. Carchedi provided two site plans, identified as Plan A and Plan B, for two optional locations on
the south side of the Tran’s property. Noted on the plans was the north side location that had been proposed to and denied by the ZBA. The garage would not be attached to the existing residence.
One letter of support for the new location on the south side of the property was received from Katherine and Tom Shoemaker, direct abutters to the north of the Trans. The Shoemakers had objected to the original (north location) proposal. The Trans also had a petition of support for the south side location that had been signed by eight of their abutters.
KM-V made a motion to provide the Board’s consent and approve the petition, thereby allowing the resubmission of the application. GS seconded the motion and the Board voted 5-0 to approve. MA will write a letter to the ZBA advising of the Board’s approval and JK will sign.
Discussion ensued regarding the public participation schedule for the following proposed Zoning Bylaw amendments:
* Planning Board Site Plan Approval in Residential Districts
* Revised use categories
* Removal of Section 6.7, Religious/Educational Uses
* Zoning Regulations for Off- Premises Sales
MA will prepare a rough draft of the Zoning Amendments for the November 10th meeting and the Board will finalize the proposals before the November 24th meeting. The regular meeting schedule for December will be changed with meetings being held on December 3rd and December 29th. Public information sessions on the proposed amendments will be held as part of both meetings.
MA and JK will meet with the Board of Selectmen on November 18th to discuss the proposed Zoning Amendments.
MA provided the Board with copies of the following information for their review:
1) Proposed Zone Change Recommendations for 2010
2) Excerpts from the Zoning Bylaws of Eastham, MA regarding residential site plan approval.
3) List of buildings in Lenox that are used for gatherings which includes the square footage of net area for each.
MA will conduct research to determine the average square footage of residences in Lenox.
Minutes: KF made a motion to approve the minutes of October 14, 2009 and SS seconded the motion. The Board voted 3-0 to approve. (KM-V and GS abstained as they did not attend the meeting.)
BRPC 5th Thursday Dinner: JK reminded the Board that the dinner is October 29 – 6-9 PM at the Berkshire Hills Country Club. JK, KF and MA will attend the dinner which includes a presentation on the Green Communities Act. The Town has applied to receive assistance through the Green Communities Act program and JK offered to serve as the Planning Board liaison for this program. KM-V will call to see if she can make a reservation at this late date.
Public hearing notices and decisions from abutting communities were reviewed.
GS made a motion to adjourn at 6:49 pm. SS seconded the motion and the Board voted 5-0 to adjourn.
Respectfully submitted,
Peggy Ammendola
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