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Planning Board Minutes, 09/28/2010
Town of Lenox
Planning Board
September 28, 2010
Land Use Meeting Room

Members present: Chair Joseph A. Kellogg, JK; Ken Fowler, KF; Steve Sample, SS; and Gary Schiff, GS.

Members absent: Kate McNulty-Vaughan, KMV.

Staff present: Mary Albertson, Town Planner, MA.

The meeting was called to order at 6:05pm.

Approval Not Required Plans:  
Piretti Property - Patrick McColgan, of Taconic Land Consultants, presented a Form A for Mary Ann V. Piretti for property located at High Street. ~KF made a motion to approve the Form A as presented. ~SS seconded the motion and the Board voted 4-0 to approve.

Porter Property – Mr. McColgan also presented a Form A for Joseph Porter for property located at West Street.  GS made a motion to table a decision until the next meeting and to request an opinion from Town Counsel about the application.  SS seconded the motion and the Board voted 4-0 to approve.

Continued Discussion - Potential Zoning Amendments:
Outdoor Dining – Discussion ensued regarding the proposal to completely remove outdoor dining from the Zoning Bylaw and replace it with a General Bylaw to be regulated by the Board of Selectmen.  SS is concerned about abutter notification if it is a General Bylaw.  JK felt the General Bylaw could include an abutter notification process.   The consensus of the members was they favor a General Bylaw with a formal abutter notification process.  

Bill Thornton’s Recommendations as outlined in his October 28, 2009 letter to the Planning Board - JK said he would work with MA to revise the draft legal notice in order to make clear the intent of the changes.   

Jim Biancolo regarding Section 6.7 and his suggestions on other zoning amendments –JK said he would work with MA on these proposals as well to ensure the legal notice is clear as to what is being changed.  The consensus of the Board was to table discussion of Section 6.7 (Religious and Educational Uses).  

Section 5.2 Signs on public property – The consensus of the members was to proceed with this proposed zoning amendment to remove the Planning Board’s review of such signs.   ~

Fall Meeting Schedule:  It was agreed the Board was not ready to set a final meeting schedule and additional work is needed on finalizing the wording for the proposed zoning amendments.
Planning Board Recommendations to Town Boards and Commissions: There were no formal recommendations.

Review Correspondence from Abutting Communities: Decisions and notices of public hearings from abutting communities were reviewed.

Minutes: GS made a motion to approve the minutes of August 24, 2010. ~KF seconded the motion and the Board voted 4-0 to approve. ~
Other Business:  JK said he would be meeting with MA and the Town Manager to discuss the role of the Planning Board in Town issues.   

Members discussed the recently decided Bucaneer lawsuit.  It was noted that the Housing Court has ruled in favor of the Town and upheld the Zoning Board of Appeals decision to deny the permit.    

SS made a motion to adjourn the meeting at 7:15 pm. ~KF seconded the motion and the Board voted 4-0 to approve. ~

Respectfully submitted,   


Mary Albertson