Town of Lenox
Planning Board
December 29, 2009
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK, Steve Sample, SS, Gary Schiff, GS and Kate McNulty-Vaughan, KMV.
Members absent: Ken Fowler
Staff present: Mary Albertson, Town Planner, MA.
The meeting was called to order at 6:04 pm.
Approval Not Required Plans:
Dennis Carpenter – 35 Patterson Road. Presenting the Form A was Mr. Carpenter who advised that the Board had previously endorsed the ANR plan on July 14, 2009. He asked the Board to re-endorse the plan because he has not filed it with the Registry of Deeds and the original endorsement is only valid for six months. Members reviewed the plan. SS made a motion to re-endorse the Form A as presented and GS seconded the motion. The Board voted 4-0 to approve.
LD Associates, Inc. – Name Change Request: David Ward appeared before the Board and asked that he be allowed to change the name of the internal road at the Aspinwell project from Balance Rock Way to Evergreen Trail. It was noted that the Town Clerk and the Fire Chief administer the 911 Program and they have approved the name change. KMV made a motion to approve the name change from Balance Rock Way to Evergreen Trail and SS seconded the motion. The Board voted 4-0 to approve.
Springlawn - Gwen and James Jurney, Jr. appeared before the Board to offer an update regarding their proposed Springlawn Great Estate project. Mr. Jurney said they are making progress with the Department of Converservation and Recreation (DCR). Mr. Jurney explained that the original DCR conservation easement will not be changed, however the project requires DCR to approve the change of use from a theater to an inn.
Mr. Jurney said they intend to apply for a building permit to operate a Great Estate Inn. Discussion ensued regarding potential uses for the carriage house. The carriage house is not a Category One building. JK clarified that the Great Estate Inn is a by-right use in Category One buildings. Mr. Jurney is concerned that the twenty room inn is not a profitable business model and they need to find a use for the carriage house. Mr. Jurney said the carriage house could be converted into condominiums. JK suggested that Mr. Jurney should meet with the Building Commissioner to discuss the condominium conversion to determine what permits are required.
Minutes: GS made a motion to approve the minutes of December 3, 2009. SS seconded the motion and the Board voted 4-0 to approve.
Residential Site Plan Approval - MA said she talked to Attorney Mark Bobrowski yesterday. Unfortunately he had to prepare for another case and was unable to work on this project. MA will report back to the Board on this matter at the next meeting. JK suggested that the Board needs to conduct additional public informational meetings on this matter.
Board of Selectman Request - Willow Creek Road Rezoning: MA said she has a meeting with the Town Manager next week to learn more about this proposal and will report back to the Board.
New Business: The Board reviewed a letter received from Francis Tyer requesting that consideration be given to rezone the Niagara Mill from Industrial to Commercial. JK asked MA to invite Mr. Tyer to attend a meeting to discuss his request. The Board also reviewed a letter from George Jordan regarding the West Street and Kemble Street road improvement projects.
Public hearing notices and decisions from abutting communities were reviewed.
Public Informational 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.
JK opened the informational meeting at 7:02 PM. He explained that the Board is proposing changes in the Zoning Bylaw to: remove Section 6.7, Religious and Educational Uses; to add a new Section 6.2.4 to regulate Off Premises Seasonal Outdoor Display and Sales; and to make revisions to the Table of Uses. The Board is holding this informal session to seek input from the public prior to the proposals being submitted to formal public hearings and Town Meeting voters for final approval. Based on input from the public, the Board will determine if these zone changes are ready to move forward or require changes.
Remove Section 6.7:
JK explained that the Board is proposing a complete removal of Section 6.7 based on advice from the Attorney General that this section may be unconstitutional due to the fact that it places more onerous restrictions on the noted uses than other uses.
Three persons were in attendance and the meeting was opened for public comment.
Phillip Heller discussed the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and said he felt it was in the best interest of the Town to remove Section 6.7.
Joseph Cacciola spoke in favor of removing Section 6.7. He asked for clarification on what the dimensional regulations would be if this section is removed. JK said the dimensional requirements would be the requirements for the district.
It was noted that the Board has received written comments from Jim Biancolo and Daniel Mintz, expressing concerns about the proposal.
Add Section 6.2.4:
JK said the Board has been working with the Chamber of Commerce to develop a bylaw to address off premises sales. The Chamber is concerned about transient businesses that complete with established Lenox businesses. Discussion ensued and Board members expressed concern about public support for this bylaw. JK asked MA to invite Chamber Director Ralph Petillo to attend a January meeting to discuss this matter. MA will also consult Attorney Mark Bobrowski regarding suggestions on exempting craft fairs, festivals and other not for profit events that involve retail sales.
There were no comments from the public on this proposal.
Revisions to Table of Uses:
MA said she is working with Mark Bobrowski on the amendment and does not yet have specific details. She will report back to the Board when she has draft wording.
There were no comments from the public on this proposal.
GS made a motion to adjourn at 7:35 pm. SS seconded the motion and the Board voted 4-0 to adjourn.
Respectfully submitted,
Mary Albertson
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