Town of Lenox
Planning Board
February 9, 2010
Land Use 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 and Peggy Ammendola, Landuse Clerk, PA
The meeting was called to order at 6:00 pm.
Meet with the ZBA Chairman regarding Residential Site Plan Review:
Pam Kueber, ZBA Chairman, was present for a discussion about the Board’s proposed Residential Site Plan Review bylaw. JK noted that during neighborhood meetings held four years ago, the Board heard concerns from residents regarding new construction that was out of scale and character in their neighborhoods, with specific cited examples including structures built in Lenox Dale and homes on Hubbard Street. The Board has attempted to respond to these concerns by crafting a bylaw to possibly control such structures. After several failed efforts, the Board has been considering a Residential Site Plan Review which would be undertaken by the Planning Board for any structure in a residential zone over 4,000 square feet. During recent public information sessions, the Board has received mixed comments
with neither strong support nor strong opposition. JK said the Board was interested in hearing comments from the ZBA on the proposal.
Ms. Kueber informed the Board that the ZBA members did look at a draft of this proposed bylaw, but noted that it is the purview of the Planning Board to draft the Zoning By-law and it is the purview of the ZBA to interpret and implement. They have concerns about this process if abutters would not be notified. JK emphasized that the review would not involve a Special Permit so abutters would not have the ability to stop the projects; the goal of the Board is to provide information and an opportunity to modify the design to limit the impacts. Discussion ensued about whether this amendment should be limited to the R15 and R30 zones only.
Bill Thornton, Building Commissioner, was also present and said that the controversial project in Lenox Dale had frontage on two streets and therefore was unique. The building met all requirements of the Zoning By-law including the setbacks and percentage of lot coverage.
Board members agreed that the proposal will require more study and should not be submitted to Town Meeting voters this year. In the meantime, MA will check with the Assessor’s office and Berkshire Regional Planning Commission to review the properties in the small residential lots to see if there are other lots in which the Lenox Dale situation could occur.
In other business, Ms. Kueber told the Board that the ZBA has had difficulty with dealing with the contradictory language in the Bylaw with regards to Accessory Dwelling Units. MA will work on some language, review it with Ms. Kueber and bring it back to the Board for consideration.
Discuss Bill Thornton’s Recommended Zoning Bylaw Amendments:
Mr. Thornton noted that he had submitted a letter to the Board suggesting that amendments be made to the Zoning Bylaw to clear up some confusing language. Specifically, he stated that the minimum area requirements listed in the Bylaw prohibit him from issuing permits for accessory buildings, detached private garages or swimming pools for a residential property which does not meet the minimum area requirements of Section 4, Table 4.1.1. He noted that with the recent increase in such requirements in the R1A zone (to one acre) this affects several properties. He asked the Board to consider addressing the problem in a future Zoning Bylaw amendment. Board members agreed to his request.
Discuss Special Town Meeting: JK asked the Board whether a Special Town Meeting should be called this year to deal with those proposals we have been working on over the past several months. After discussion, Board members agreed that we were not ready with any of the major projects under consideration with further study being needed and so would not ask for a Special Town Meeting. However, we will still work towards including the following amendments on the Annual Town Meeting Warrant: Willow Creek Road Rezoning; Green Communities Amendment to allow Research and Development as a by right use in the Industrial Zone; Removal of Section 6.7-Special Dimensional requirements for Religious and Educational Uses; and Addition of a new Section 6.2.4 Off Premises Outdoor Display and Sales
as well as other minor “housekeeping” items. Tentatively March 23, 2010 would be the date for the public hearing for these proposed amendments.
Update on the Route 7/20 Corridor Study: MA gave a quick overview and said that Vanasse Hanglen, Brustlin has been hired as a consultant to work on the study for the next 3 to 4 months. The Board was invited to participate when this group will be in Town Hall on Friday.
Minutes: KF made a motion to approve the minutes of January 26, 2010. GS seconded the motion and the Board voted 5-0 to approve.
Old Business: A formal letter was received from the Board of Selectmen requesting consideration of the rezoning of the Willow Creek Road land. Notices and decisions from abutting communities were reviewed.
KF made a motion to adjourn at 7:20 pm. GS seconded the motion and the Board voted 5-0 to approve.
Respectfully submitted,
Peggy Ammendola
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