Town of Lenox
Planning Board
November 10, 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.
Discussion Bill Thornton’s letter regarding garages and accessory structures:
Building Commissioner Bill Thornton was present to ask the Board to review Section 4.1.1 of the zoning bylaw regarding garages and accessory structures. He said that wording in this section prohibits a homeowner with insufficient lot area in the R1A zone from obtaining a permit to build a detached garage on the non-conforming lot. It was noted that several such lots exist in this zone due to the recent change from the 20-30-40 zone to the R1A which increased the minimum lot area to one acre. Mr. Thornton said that this section also provides for different treatment of detached garages and accessory buildings. After some discussion, the Board decided they would consider changing this language as part of their new zoning amendment proposals.
Review Village Kiosk Design: Several business owners from the Historic District and members of the Historical Commission were present. JK explained that the Zoning Bylaw requires the Board to conduct a review of any informational signs proposed on public land. The Town has plans to install a kiosk at the corner of Walker and Church Streets and has asked the Board to conduct a review of their proposal. Town Manager Gregory Federspiel was present and gave an overview of the metal structure which would be 7’6” tall, 3 sided, and would provide information on the village, locations of public restrooms and a bulletin board announcing local events. It was noted that a review by the Historic District Commission is not required.
JK said the proposal does not require the Board to hold a public hearing, however Board members agreed to hear comments from those in attendance. Judy Moss stated that this is an unnecessary expenditure that will need constant upkeep. Jim Biancola, spoke as a volunteer for the Historical Commission and said the Commission has two concerns; one with the review/approval process and a second with the actual design. JK told Mr. Biancola that it is not the Board’s purview to determine the process and suggested he bring those concerns to the Board of Selectmen. Regarding the kiosk design, Mr. Biancola said the Commission has concerns that this structure would not fit in the Historic District. He suggested the sign be constructed of wood with a horizontal orientation similar to most of the
signs in the District. HHe also suggested the front side be narrower than the other two sides. Suzanne Pelton expressed concerns about the process of how the kiosk proposal was developed and felt insufficient public input was solicited. Ralph Petillo said he is concerned about things not being brought before the citizens, and that there is a danger of “over signing” the town.
Lynn West said an informational kiosk is not needed in a small community where people are friendly and helpful to strangers. Carolyn Butler asked how the voices of opposition could be heard. JK recommended that they address the Board of Selectmen. Mr. Federspiel said he will take the suggestions to the Board of Selectmen who will consider the matter at their November 18th meeting.
KM-V made a motion to delay the Board’s review of the proposed kiosk; to recommend that the Selectmen obtain additional public comment before finalizing the design and to request that we be given an opportunity to review such design at that time. SS seconded the motion and the Board voted 5-0 to approve.
Continued Discussion - Planning Board Site Plan Approval in Residential District:
MA told the Board that Paul Kapinos and Associates, the Town’s assessment consultant, has confirmed our average home size is 2,138 square feet and the median home size is 1,920 square feet. She asked the Board for guidance in how to proceed with the proposed site plan approval bylaw amendment and whether all residential districts should be included. Board members agreed to include all districts in the proposal. MA will clean up the language of the previous draft and keep a simple format. She has sent an email to Attorney Mark Bobrowski asking him for the cost of reviewing the proposal to assure it is legally enforceable.
Update on Route 7/20 Corridor Study: MA said that Monday is the due date for consultants to submit proposals to BRPC. It was noted that the study will cover the section of 7/20 between New Lenox Rd. and the Pittsfield line.
Minutes: GS made a motion to approve the minutes of October 27, 2009 and KF seconded the motion. The Board voted 5-0 to approve.
Old Business: Discussion ensued regarding the Green Communities Act and the Fifth Thursday dinner meeting on the subject, held recently at the Berkshire Hills Country Club. JK noted that one of the requirements of the Act is that a community adopt as of right zoning for alternative energy generation or research and development and that this requirement can be met by Town Counsel providing an opinion that our zoning bylaw is compliant.
New Business: Interstate Biofuels has filed an ENF and will be holding an informational meeting at the Town Hall on Monday, November 30, 2009 at 6:00pm. Notices and decisions from abutting communities were reviewed.
SS made a motion to adjourn at 7:33 pm. GS seconded the motion and the Board voted 5-0 to adjourn.
Respectfully submitted,
Peggy Ammendola
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