Town of Lenox
Planning Board
May 25, 2010
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Ken Fowler, KF; Steve Sample, SS; Kate McNulty-Vaughan, KMV; and Gary Schiff, GS
Staff present: Mary Albertson, Town Planner, MA and Peggy Ammendola, Landuse Clerk, PA
The meeting was called to order at 6:00 pm
Reorganization: KF made a motion to nominate JK as Chair of the Board. SS seconded the motion and the Board voted 5-0 to approve. GS made a motion to nominate SS as Vice Chair and KF seconded the motion. The Board voted to approve 5-0.
GS made a motion to nominate the following Board members to the respective committees: Historic District Commission-SS; Affordable Housing Committee-KMV; Community Preservation Committee-KF; Berkshire Regional Planning Commission-GS. SS seconded the motion and the Board voted 4-1 (KMV opposed) to approve.
KF stated that even though he was recently elected to the Board of Selectman, he will finish his term on the Planning Board, set to expire in May, 2011.
Approval Not Required Plans: Alexander Thorp of Accord Engineers requested approval of a Form A for the small portion of the Stokes estate property that lies within Lenox with no new division lines proposed for Lenox. The larger portion of the property lies within the towns of Richmond and Stockbridge, which is partially being conveyed to Berkshire Natural Resources Council. The Board expressed concerns about proper access to the site and felt that a site visit was in order. It was agreed the site visit would be conducted on May 27, 2010 at 6:00 pm.
Discuss Outcome of Zoning Amendment Articles at Town Meeting: Present for the discussion were residents Jim Biancola and Mark Smith.
Educational and Religious Uses: The proposed article to remove this section was defeated at the Annual Town Meeting. Mr. Biancola said he would like to continue to work on developing a proposed amendment that the Board would support. JK believes the current language is discriminatory and suggested that maybe just the language could be changed without having to remove the entire section. Discussion ensued. MA recommended that the Building Commissioner and Town Counsel be brought into a discussion with the Board. Members agreed and a target date of June 22, 2010 was set.
Discuss Future Zoning Amendments:
Outdoor Dining: MA noted that with the road and sidewalk improvements within the Historic
District the sidewalks will be up to the edge of the buildings thus the outdoor dining setback
requirements cannot be met by most restaurants. She provided examples from the general bylaws
of the Towns of Andover and Belmont and suggested to the Board that they consider removing
the outdoor dining section from the Zoning Bylaw and put it in the General Bylaws of the Town.
Site Plan Approval: Board members agreed not to pursue such a bylaw at this time.
It was also agreed that, in the future, proposed zoning amendments should be reserved for Special Town Meetings to provide time for proper discussion. Zoning issues are usually the last articles on the warrant, and usually the attendance wanes. A Special Town Meeting in the fall may be appropriate for the next zoning amendments.
Mark Smith told the Board that he was present because he was interested in any discussions about proposed zoning amendments.
Planning Board Recommendations: A letter has been received from Legacy Banks, requesting permission for a directional sign on Town property. They have received a Special Permit from the ZBA. The HDC has approved materials for a larger free standing sign, but denied the proposed directional sign. The Board of Selectmen approved the placement of the sign on Town property, but without waiting for review by the Planning Board as required by the Zoning Bylaw.
KF made a motion to approve the sign with a letter to the Selectmen expressing concerns that they did not follow the process. The motion died for lack of a second.
KMV made a motion to recommend to the Selectmen that the sign be denied because the process was not followed properly and recommend further that the Selectmen revisit the process in terms of how it can be better followed. The motion died for lack of a second.
KF made a motion to delay Planning Board review until Legacy returns to the HDC and receives approval for the sign. GS seconded the motion and the Board voted 5-0 to approve.
Old Business: A letter from the Executive Office of Environmental Affairs was received which stated that they have tentatively approved the Town’s Open Space Recreation Plan, but asked that a number of modifications be made prior to receiving final approval.
Decisions and notices of public hearings and decisions from abutting communities were reviewed.
New Business: JK noted that Town Manager Greg Federspiel has received a request from General Electric that the Board sponsor a presentation from them on the Housatonic River cleanup options. Board members felt that a Board of Selectmen meeting would be a more appropriate venue for such a presentation.
KMV made a motion to recess the meeting at 7:30 pm; to conduct a site visit on May 27, 2010 at 6:00 pm at the Stokes property on Richmond Mountain Road and to reconvene following that site visit at the Town Hall. SS seconded the motion and the Board voted 5-0 to approve.
Respectfully submitted,
Peggy Ammendola
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