Town of Lenox
Planning Board
March 8, 2011
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Vice Chair Steve Sample, SS; Ken Fowler, KF; Kate McNulty-Vaughan, KMV; and Gary Schiff, GS.
Staff present: Mary Albertson, Town Planner, MA
The meeting was called to order at 6:05 pm.
Approval Not Required Plans: No plans presented.
Discussion of The Frederick, LLC ZBA Application: Board members reviewed the application and heard a brief presentation from Jeff Lynch and Rob Akroyd, representing the applicant. Also reviewed was a memorandum from Town Counsel relative to the subject building having eligibility as a Great Estate in accordance with the Zoning Bylaw. It was noted that Town Counsel was of the opinion that the building could not be classified as a Great Estate, but advised that it should be allowed to apply as one to avoid protracted and costly litigation.
Discussion ensued as to the original intent of the 2009 zoning amendment to allow a by-right Great Estate Inn. Members agreed with allowing a by-right use for Great Estate Inns because they would be located on large parcels, at least 25 acres, and this would provide a buffer to abutting property owners. The ability of The Frederick to receive designation as a Great Estate Inn on a parcel less than 25 acres is an unintended consequence of the 2009 Great Estate Inn zoning amendment. The Board agreed that the 2009 amendment should be reviewed more thoroughly to determine if additional amendments are appropriate. The following votes were taken on the subject applications:
Special Permit for Amplified Music – KF made a motion to recommend approval of the special permit to allow amplified music. SS seconded the motion. Discussion ensued and the motion failed 1-4 (JK, GS, KMV, SS opposed). GS made a motion to recommend denial of the special permit for amplified music as it is not clear a Great Estates Inn designation is needed for the proposed operation and further that the applicant does not appear to fall within the intent of the Great Estate Inn Bylaw as it does not contain 25 acres. SS seconded the motion and the Board voted 4-1 (KF opposed) to approve.
Use Variance to Allow a Detached Innkeeper’s Cottage - The Board reviewed the plans for the proposed detached innkeeper’s residence. The consensus of the Board was that the proposed size and location of the innkeeper’s residence was in harmony with the R-1A Zoning District and the abutting properties. The Board discussed the difference between a use variance and a dimensional variance. JK said he is of the opinion that allowing a innkeeper’s residence in a residential zone is not a use variance, but since it does not meet dimensional requirements should be classified as a dimensional variance. JK suggested that the residence be owner occupied to assure it remains a residential use and not be rented out as a commercial use. KMV made a motion to recommend
approval of the use variance for the innkeeper’s cottage with the condition that it be owner occupied. KF seconded the motion and the Board voted 5-0 to approve.
Modification of the Previously Issued Variances - The Board reviewed the proposed changes to the parking plan and sign location and agreed they are reasonable and appropriate. GS made a motion to recommend approval of the proposed changes to the parking plan and sign location. KF seconded the motion and the Board voted 5-0 to approve.
Update on CPC Applications for FY 12: KMV provided a brief update on applications seeking CPA funding for FY 12:
Library Debt Service: $133,000
Administration: $ 20,000
Curtis Porch Restoration: $ 50,000 or $85,000
Lenox Affordable Housing Trust: $100,000
Historic Street Signs: $ 8,000
Berkshire Scenic Railway: $250,000
Sawmill Brook Housing Land Purchase: $200,000
Feasibility Study of the Peters Property: $ 55,000
KMV noted that the CPC public information hearing is March 21st at 7:00 pm and told the Board that the CPC is considering a change regarding the Sawmill Brook Housing Land Purchase Project. At the presentation for this project the CPC initiated a discussion regarding the possibility of the Town purchasing the property instead of the Southern Berkshire CDC. KVM will provide an update at the next meeting. The CPC is scheduled to vote on its recommendations at their March 21st meeting.
Schedule for the Zoning Amendment Project: Members discussed the need to schedule a Public Hearing for the proposed Zoning Bylaw amendments and agreed on a date of March 29th at 6:30 pm. The Board asked MA to coordinate an April Special Town Meeting with the Town Manager.
Review Correspondence: Decisions and notices of public hearings from abutting communities, as well as other correspondence were reviewed. JK also noted that there is a Berkshire Regional Planning 5th Thursday Dinner on March 31st at which Bob Richie and will be discussing the Comprehensive Land Use Reform and Partnership Act. JK asked members to notify MA if they plan to attend the dinner. In other business, SS offered an update on a recent HDC case on Church Street.
Minutes: KF made a motion to approve the minutes of February 8, 2011. ~GS seconded the motion and the Board voted 5-0 to approve.
Other Business: None
KF made a motion to adjourn the meeting at 7:45 pm. ~SS seconded the motion and the Board voted 5-0 to approve.
Respectfully submitted,
Mary Albertson
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