Town of Lenox
Planning Board
December 3, 2009
Board of Selectmen Meeting Room
Members present: Chair Joseph A. Kellogg, JK, Ken Fowler, KF, Steve Sample, SS.
Gary Schiff, GS and Kate McNulty-Vaughan, KMV.
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 November 24, 2009. KF seconded the motion and the Board voted 5-0 to approve.
Continued Discussion: JK reminded members that the December 29 meeting will include a public information meeting regarding:
· the removal of Section 6.7 - Religious and Educational Uses;
· the addition of Section 6.2.4 - Off Premises Seasonal Outdoor Display and Sales; and
· Revisions to Table 3.1 Sections E – G.
MA will work with Mark Bobrowski regarding suggested language for the revisions to Table 3.1.
Old Business: MA said that the Route 7/20 Corridor Study consultant selection interviews are Monday – December 7. She will attend on behalf of the town.
JK said that an Interstate Biofuels MEPA Consultation Session will be held at the Niagara Mill on December 4 at Noon. KMV offered to attend.
JK and MA are representing the Board in the Town’s efforts to become certified as a Green Community. In January, they will attend a meeting on Green Communities zoning requirements at the Berkshire Regional Planning Commission (BRPC). Discussion ensued regarding the Stretch Building Code requirements. JK explained that as part of the Green Communities initiative, participating communities must adopt the Stretch Code. The Stretch Code is adopted by the Board of Selectmen and does not require Town Meeting approval. It is estimated that Stretch Code requirements will add approximately $10,000 in building costs to a 2,000 square foot house. However, the energy savings should cover the increase in initial building costs.
New Business: MA distributed an email communication from the Town Manager regarding a zone change request from the Board of Selectmen. The Selectmen would like the Board to consider an adjustment of the zoning districts on Willow Creek Road.
JK said the BRPC is reviewing the feasibility of hosting a new building permit computer software program. The software was developed by the Town of Westford. BRPC is exploring the possibility of hosting the software on its server and member communities would have access for a fee.
The Board received a letter from LD Associates, Inc. regarding the renaming of the condominium driveway at Aspinwell from Balance Rock Way to Kennedy Trail. It is not a subdivision road, however, under Town Bylaws, the Planning Board has a role in assigning street numbers, including the name of the street. The Fire Chief and Town Clerk reviewed the proposed name change and street numbers and they are satisfied that the name and numbers are compatible with the 911 System. JK asked MA to invite the developer to the next meeting to discuss this matter.
Public hearing notices and decisions from abutting communities were reviewed.
Public Informational Meeting - Site Plan Approval in Residential Districts
JK opened the informational meeting at 7:03 PM. He explained that the Board is proposing a change in the Zoning Bylaw to require Site Plan Approval of certain projects in all residential zones. The Board is holding this informal session to seek input from the public prior to it being submitted to formal public hearings and Town Meeting voters for final approval. Based on input from the public, the Board will determine if this zone change is ready to move forward or requires changes. JK explained that this addition to the Bylaw will require that any new building or addition in all residential districts that contain more than 4,000 square feet be submitted for Site Plan Approval by the Planning Board. This is not a Special Permit. The Planning Board scope of review will be limited and the
timeline for review will be thirty days. Formal notification would be limited to the posting of the meeting agenda. The meeting does not have to be advertised in the newspaper and abutters are not required to be notified.
JK said the proposal is being considered as a result of input the Board received at neighborhood meetings over the past few years. At these meetings, residents encouraged the Board to regulate large structures being built out of character, size, and scale with the surrounding neighborhood. This issue was particularly important to the residents of LenoxDale. JK explained that the Planning Board considered Floor Area Ratio (FAR) requirements as a possible approach to deal with these structures, but determined that such a concept works best in high density urban centers and isn’t appropriate for Lenox.
Approximately ten persons were in attendance and the meeting was opened for public comment.
Terry Weaver said he read about McMansions in the newspaper. He asked if the proposed bylaw applies to teardowns. JK said it would apply to teardowns if the replacement building is 4,000 s.f. or larger.
Bill Thornton, Building Commissioner, asked if Site Plan Approval would be required if the project already was seeking a special permit or variance. MA replied yes. JK said that was an interesting question and discussion ensued. The consensus of the Planning Board members was to consider an exemption for properties that are required to apply for a special permit or variance.
Chris Jordan asked about the existing Site Plan Approval section of the bylaws. She said she abuts the Pinecroft subdivision and she believes it is out of character with the surrounding neighborhood. She supports a bylaw that will limit McMansions.
Michael Sucoff said he strongly opposes the proposed bylaw. He said the Town should not setup barriers for residential development and the proposed bylaw is counterproductive. He also raised concerns regarding the applicability of the bylaw to religious and educational uses.
Jim Biancolo asked about enforcement. JK explained that the Planning Board received approval from the Town Manager to have Attorney Mark Bobrowski review the draft bylaw to determine its legal effectiveness. As it is currently written, denial of Site Plan Approval by the Planning Board could be appealed to the Zoning Board of Appeals. Mr. Biancolo is concerned that the proposed bylaw does not have teeth. He sees the value of the informational process but is concerned about enforcement. He is not sure that the proposed 4,000 s.f. threshold is appropriate. He suggested taking the average of the abutting houses and making that the criterion for review.
Bill Thornton suggested section 9.6.3.5 regarding design guidelines is too vague. He said he favors a detailed checklist approach.
Terry Weaver asked if the proposed bylaw applies to all residential districts and JK replied yes.
Tjasa Sprague spoke in opposition to the bylaw. She believes it will limit who can live in Lenox.
JK asked if there were any additional comments. He said that Board members appreciate the comments they received this evening. He said there would likely be revisions to the draft based on the comments and concerns expressed at tonight’s meeting. Michael Sucoff and Jim Biancolo asked if there would be additional public informational meetings. JK said yes. JK also noted that on December 29 there will be another public informational meeting on three other Zoning Bylaw changes the Board is proposing, namely the removal of Section 6.7 - Religious and Educational Uses; the addition of Section 6.2.4 - Off Premises Seasonal Outdoor Display and Sales; and revisions to Table 3.1 Sections E – G, Use Regulations. He said that additional public informational meetings on Residential Site
Plan Approval will probably be held in late January or early February. He suggested checking the Town’s website or calling the Land Use Office for actual dates. He concluded by stating that the Planning Board will continue to work on the bylaw and will be cautious in its efforts to bring a final bylaw to Town Meeting.
GS made a motion to adjourn at 7:55 pm. KF seconded the motion and the Board voted 5-0 to adjourn.
Respectfully submitted,
Mary Albertson
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