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Planning Board Minutes, 03/22/2011

Town of Lenox
Planning Board
March 22, 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.  

Modifications to the State Building Code:  Bill Thornton, Building Commissioner, and Don Fitzgerald, Building Inspector, were present and offered a brief overview of recent changes to the State Building Code.  They explained that there will be four new items that are exempt from building permits:  1) One-story detached accessory structures, but not garages, with a floor area that does not exceed 200 square feet; 2) fences not over 6 feet; 3) prefabricated swimming pools that are less than 24 inches deep; and 4) decks not exceeding 200 square feet that are not more than 30 inches above grade and are not attached to a dwelling unit.   The changes will take effect in August.  

Discussion ensued regarding the changes and it was noted that the elimination of the requirement for a building permit does not eliminate the need to comply with local zoning.  Mr. Thornton asked if the Board could explore whether the Town could institute its own requirement for such uses in order to track the activity and assure compliance with zoning.  JK said he didn’t think the Zoning Bylaws were the appropriate tool and suggested that a General Bylaw may be more appropriate.  The Board will review this matter during the next series of zoning amendment proposals.    

Update on CPC Applications for FY 12:   KMV provided a brief update on the following applications that received CPC endorsement for FY 12 funding:

Library Debt Service:                           $133,000
Administration:                         $  17,565
Curtis Porch Restoration:                       $  50,000
Lenox Affordable Housing Trust:         $  10,000
Historic Street Signs:                          $    8,000
Berkshire Scenic Railway:                       $100,000 ($150,000 match required)
Sawmill Brook Land Purchase:            $130,000 (First year payment of a five year borrowing)

KMV explained that there will be three warrant articles as follows:  

1) Warrant article to place the funds in the appropriate funding categories;
2) Warrant article for all the projects except the Sawmill Brook land purchase; and
3) Warrant article to purchase the Bartoni property and authorize borrowing $600,000 from CPA funds to be paid back over five years.

JK suggested that CPA funds could be used to prepare a revised Open Space Plan.  The consensus was that it was too late for this year, however, the CPC could review this matter at any time and spending could be authorized at a Special Town Meeting if the CPC was in support.    

Zoning Amendment Schedule:  The Public Hearing will be Tuesday – March 29th at 6:30 PM.  The proposed dates for the Special Town Meeting are April 12th or April 14th.  MA will notify members of the date.  





Review Correspondence: Decisions and notices of public hearings from abutting communities and other correspondence were reviewed.

Minutes:  KMV made a motion to approve the minutes of March 8, 2011. ~KF seconded the motion and the Board voted 5-0 to approve.  

Other Business:  Members discussed the ZBA decision regarding The Frederick (Kemble Inn) and noted their disappointment that our advisory comments regarding the original intent of the Great Estates Inn bylaw were not considered.  It was agreed we should consider exploring possible zoning amendments to deal with our concerns.    

The Board discussed the location of the bank located at the Lenox Center.  MA confirmed that it will be attached to the Price Chopper building.  It is not a free standing building as reported in the newspaper.  

GS made a motion to adjourn the meeting at 7:00 pm. ~KF seconded the motion and the Board voted 5-0 to approve. ~
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Respectfully submitted,   


Mary Albertson