Town of Lenox
Planning Board
March 23, 2010
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Ken Fowler, KF; Kate McNulty-Vaughn, KMV; Steve Sample, SS; Gary Schiff, GS
Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, PA
The meeting was called to order at 6:05 pm.
Other Business:
MA presented to the Board copies of a draft Affirmative Maintenance Bylaw as submitted by the Lenox Historical Commission. The Commission is seeking regulations that will require property owners in the Historic District to maintain their structures. The draft document was prepared using bylaws from other Massachusetts communities.
JK stated that Lenox is in the process of being certified as a Green Community. In order for Lenox to comply with the requirements to be certified, it is recommended that the town establish an action plan for looking into adopting a solar energy bylaw. JK recommended that the Board consider a solar energy bylaw in the near future. He suggested that his could be an action item for a fall Special Town Meeting. JK also advised that there will be an article on the warrant for the Annual Town Meeting to formally adopt the Stretch Code.
Route 7/20 Corridor Study: MA reminded the Board that there will be a Corridor Study meeting at 8 am tomorrow, March 24, 2009 at the Hampton Inn.
Notices and Decisions from abutting communities were reviewed.
Minutes: KF made a motion to approve the minutes of March 9, 2010. SS seconded the motion and the Board voted 5-0 to approve.
Public Hearing
At 6:30 pm was called to order to provide interested parties with the opportunity to comment on the proposed amendments to the Zoning Bylaws.
Attorney Phil Heller, Greg Federspiel and six residents were present.
JK read aloud the following Public Hearing notice:
Item 1 - Remove in its entirety Section 6.7 - Educational and Religious Uses.
Item 2 - Amend Section 3.1.E. 3. “Laboratory or research facility for medical, dental, technical, scientific use and uses accessory to them (but excluding direct services to patients) provided that all uses are in enclosed buildings” by allowing it as a By Right use in the Industrial-I District; and amend Section 3.1.E. 4. “Laboratory or research facility” by allowing it as a By Right use in the Industrial-I District.
Item 3 - Amend the Zoning Map by rezoning the classification of 6 acres of property located at the intersection of Housatonic Street and Willow Creek Road, specifically Assessors Map 8 Parcel 98 from Residential-R-1A to Industrial-I.
Item 4 - Add the following new Section 6.2.3* Off-Premises Outdoor Display and Sales: “There shall be no off-premises outdoor display or sales; provided, however, that such business with a principal place of business in the Town of Lenox may conduct such off-premises outdoor display and sales with permission from the Board of Selectmen. This provision does not apply to not-for-profit fundraising activities subject to permission from the Board of Selectmen.” It was noted that this had been referred to 6.2.4 in the original notice.
Following the reading of the Public Hearing notice, JK reviewed each item and explained the reasons for the proposals. He then asked for public comment. Items 1 and 2 received no comments.
For Item 3, Mr. Federspiel said that this property is separate from the cemetery in which 5,000 plots remain. The impact of rezoning would reduce that number to fewer than 10%.
Item 4 evoked responses from residents Nancy Armstrong and Edward Armstrong, but their focus was on the Farmers’ Market located at the Triangle Park. Ms. Armstrong said that she understands that because it is agricultural, the BOS can allow a Farmers’ Market, but she argues that bakery products are not agricultural. She feels that this bylaw will permit every business in town to move their wares out on the street. JK responded that the intent of this bylaw is to be more restrictive.
Edward Armstrong stated that it is not fair for people to come to town to sell their products (Farmers’ Market) and not be taxed when Lenox merchants are taxed. JK advised that this proposed amendment has nothing to do with the Farmers’ Market, and that the Board of Selectmen make the decisions regarding allowing such.
The Board concluded that there needs to be more discussion regarding Item 4. MA will
coordinate another meeting with the Chamber and enter into more dialogue. She told Ms. Armstrong that she would contact her with a date and time.
The Board decided to wait until their next meeting to make their formal recommendations on the Bylaw amendments and they are prepared to ask the Selectmen to table Item 4 and to move forward on the first 3 items.
GS made a motion to close the Public Hearing at 6:56 pm. SS seconded the motion and the Board voted 5-0 to approve.
Bob Romeo arrived after the close of the Public Hearing, but had wanted to make comments. The Board advised him that they would welcome his comments in writing.
Greg reminded the Board that there will be an All Board Meeting, March 25, 2010.
GS made a motion to adjourn at 7:24 pm. SS seconded the motion and the Board voted 5-0 to approve.
Respectfully submitted,
Peggy Ammendola
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