Town of Lenox
Planning Board
August 10, 2010
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Ken Fowler, KF; Gary Schiff, GS and Kate McNulty-Vaughan, KMV
Members absent: Steve Sample, SS
Staff present: Mary Albertson, Town Planner, MA
The meeting was called to order at 6:03 pm.
Continued Discussion - Potential Zoning Amendments:
It was noted that the Board is exploring the following potential Zoning Bylaw amendments for consideration by a Special Town Meeting in the fall:
1. Remove Section 6.3 - Outdoor Dining and create a new Town Bylaw that allows outdoor dining with the approval of the Board of Selectmen.
2. Address the Building Commissioner’s concerns regarding the status of private detached garages and accessory structures as outlined in his letter dated October 28, 2009.
3. Address Jim Biancolo’s suggested amendments as outlined in his spreadsheet dated January 12, 2010.
4. Revisit Section 6.7 – Education and Religious Uses and explore Mark Bobrowski’s suggestion of a Town Bylaw to address traffic and parking impacts.
5. Remove the requirement for Planning Board review from Sections 5.2.1.1 (signs on public land) and 5.2.4.5 (directional signs) .
JK recognized Mr.Biancolo and thanked him for his continued interest in working with the Board on amendments. MA offered her recommendations regarding Mr. Biancolo’s suggested amendments. Discussion ensued regarding each recommendation and the consensus of the Board was to forward the following items to a public informational meeting prior to including them in a proposed Zoning Bylaw amendment:
1. Table 3.1.E.1 - Remove the examples from the definition for Customary Home Occupation which could cause confusion.
2. Table 3.1.H.5 - Change the word “storage” to “structure” to correct a clerical error.
3. Section 3.3.7 - Modify sub-sections 2 and 3 to clarify the differences between reconstruction after catastrophe or demolition.
4. Table 4.1.1.4B - The Table does not list sign setback requirements for residential districts, however, the text reflects a 3 foot setback. The 3 feet setback should be listed in the Table to be consistent.
5. Table 4.1.1.4B- The Table does not list parking area setback requirements for residential districts. It is proposed that a footnote be added to refer the reader to the Off-Street Parking requirements in Section 5.1. Discussion ensued regarding the need to ensure one and two family houses are not burdened with additional requirements. MA will consult with Bill Thornton, Building Commissioner to fine tune this proposal.
Continued Discussion - Affirmative Maintenance Bylaw: MA provided copies of the City of Pittsfield Maintenance Bylaw. The Board discussed the fact that the Pittsfield example is very comprehensive with an emphasis on code enforcement. The Board questioned if it was an appropriate tool for Lenox. Mr. Biancolo, on behalf of the Historical Commission, provided copies of the Stockbridge Historic Preservation and Demolition Delay Bylaw. Discussion ensued regarding the Stockbridge example which includes the Planning Board as the permitting authority. Discussion ensued regarding the best board or commission to serve as the permitting authority. KMV suggested that the Planning Board might be a good choice. JK questioned if the Planning Board has the expertise to oversee
historic preservation. Jim Biancolo said he shared with the Historical Commission the feedback he received from the Planning Board at their last meeting. Board members said they continued to have reservations regarding an Affirmative Maintenance Bylaw and suggested the Historical Commission instead concentrate on a Demolition Delay Bylaw limited to the Historic District.
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 27, 2010. KMV seconded the motion and the Board voted 3-0-1 to approve. GS abstained as he was not at that meeting.
Other Business:
Mr. Biancolo asked the Board to review a table he prepared that outlines the permitting procedure for signs. He said there were mixed reactions from the Building Department as to whether the table was necessary. MA said she would consult with Building Inspectors Thornton and Fitzgerald and report back to the Board.
Mr. Biancolo provided a brief update on the Historical Commission Historic House Marker program.
JK said he attended a recent Division of Fisheries and Wildlife (DFW) land management presentation in which the DFW is proposing to shift the current 90/10 percentage of full canopy forests/open grasslands to a 75/25 percentage.
GS made a motion to adjourn the meeting at 7:30 pm. KF seconded the motion and the Board voted 4-0 to approve.
Respectfully submitted,
Mary Albertson
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