Town of Lenox
Planning Board
July 27, 2010
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Ken Fowler, KF; Steve Sample, SS; Kate McNulty-Vaughan, KMV
Members absent: Gary Schiff, GS
Staff present: Mary Albertson, Town Planner, MA and Peggy Ammendola, Land Use Clerk, PA.
The meeting was called to order at 6:00 pm.
Approval Not Required Plans:
Burman Property - Patrick McColgan, of Taconic Land Consultants, presented a Form A for Terry and Bonnie Burman for property located at Brunell Avenue. KMV made a motion to approve the Form A as presented. SS seconded the motion and the Board voted 4-0 to approve.
Piretti Property - Mr. McColgan also presented a Form A for Mary Ann Piretti for property located at High Street. SS made a motion to approve the Form A as presented. KF seconded the motion and the Board voted 4-0 to approve.
Continued Discussion - Potential Zoning Amendments:
Outdoor Dining - MA told the Board that she has discussed with the Town Manager the Board’s proposal to remove the Outdoor Dining section from the Zoning Bylaw and to replace it with a Town Bylaw.
Bill Thornton’s Recommendations as outlined in his October 28, 2009 letter to the Planning Board - MA will prepare draft warrant articles to make the changes recommended by Mr. Thornton for further discussion at the next meeting.
Jim Biancolo regarding Section 6.7 and his suggestions on other zoning amendments -MA told the Board that she has discussed the Biancolo proposal with Attorney Mark Bobrowski who said that determining setbacks by the occupancy is not advisable. He suggested that a general bylaw be drafted to control curb cuts if the Board’s concern is about the traffic impact generated by large occupancy and assembly uses. MA provided copies of the Lincoln general bylaw which was drafted by Attorney Bobrowski. She asked the Board to review the bylaw for further discussion at the next meeting.
Section 5.2 Signs on public property - Discussion ensued on whether the Planning Board should be involved in this process. Mr. Biancolo noted that he was concerned that some review was needed of such signs. JK asked Mr. Biancolo if he would be willing to draft language to deal with his concerns.
Schedule - It was agreed to set a tentative Special Town Meeting to present proposed zoning bylaw amendments for sometime in late October or early November. Informational meetings on the proposals will be scheduled for September with a public hearing to be held in early October.
Planning Board Recommendations to Town Boards and Commissions:
Update on Affirmative Maintenance Bylaw - Mr. Biancolo said the Historical Commission has looked at demolition delay and demolition ordinances for Somerville, Lowell, Nantucket and Newton. The Board noted that these are cities, and asked if information from smaller towns could be provided. Board members indicated their concerns that the ordinances were too heavy handed and could be punitive to lower income property owners. JK noted that Building Commissioner Bill Thornton has suggested we look at the Pittsfield ordinance.
Review Correspondence from Abutting Communities: Decisions and notices of public hearings from abutting communities were reviewed.
Minutes: KF made a motion to approve the minutes of July 13, 2010. SS seconded the motion and the Board voted 3-0-1 to approve. KMV abstained as she was not at that meeting.
Other Business:
CLURPA - It was noted that the Massachusetts legislature is considering legislation to revise Chapter 40A. MA provided a document entitled Municipal Benefits of CLURPA.
Mr. Biancolo asked the Board to look into a matter originally raised by former Town Planner Joellyn Warren in 2006 which involves inconsistencies in the parking section of the Zoning Bylaw. MA will review and report back to the Board.
KF made a motion to adjourn the meeting at 7:30 pm. SS seconded the motion and the Board voted 4-0 to approve.
Respectfully submitted,
Peggy Ammendola
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