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Planning Board Minutes, 03/29/2011


Town of Lenox
Planning Board
March 29, 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: Peggy Ammendola, PA; Mary Albertson, Town Planner, MA

The meeting was called to order at 6:04 pm. ~

Approval Not Required Plans:  No plans presented.  

Review Correspondence from Abutting Communities and BRPC: Nothing received.

Approve Minutes: Tabled

Public Hearing on Proposed Zoning Amendments:  The public hearing was opened at 6:30 pm.  There were six residents present who were all provided with handouts which contained information on the proposed amendments.  

JK noted that the Notice of Public Hearing was lengthy and directed everyone to copies provided in the handouts.  He said the Notice would be considered as part of the record, however would not be read unless there was any objection.  There was none.  JK advised that he would review each item listed in the Notice, briefly explain the reasons for proposing the amendment and then ask for public comment.  Before proceeding, JK noted that there was one change in the last sentence of Item 2 in the Notice of Public Hearing which stated:  “Garage, private: An attached or detached structure used exclusively for parking and storage of motor vehicles and owned or operated by residents of nearby dwelling units, not operated for commercial purposes and not available to the general public.”  He pointed out that the language in the Special Town Meeting Warrant would not include the phrase “and owned and operated by residents of nearby dwelling units”.

Items 1-6 were reviewed by JK who then asked for comments.  Joe Nejaime commented on  
Item 4- Customary Home Occupation and asked how this proposal would affect tradesmen who operate from their homes and who may have a helper meet him at his home before going to a job.  MA responded that tradesman are allowed by-right under a separate section in the Zoning Bylaw, namely Section 3.1.H.10 of the Use Regulations.

There were no additional comments from the public regarding the proposed amendments to the Zoning Bylaw.  

JK noted that voters at the Special Town Meeting will also be asked to amend the General Bylaws to include a new section on outdoor dining to replace the section in the Zoning Bylaw being proposed for deletion under Item 1.  He said that even though no public hearing is required to adopt a General Bylaw, the Board would allow comments on the Outdoor Dining proposal.  JK explained that the intent of the new bylaw is to allow the Board of Selectmen to regulate outdoor dining on a case by case basis which will provide for more flexibility and better control.  

Questions were raised by members of the public present and different scenarios were discussed.

KF made a motion to close the public hearing at 7:08 pm. ~KMV seconded the motion and the Board voted 5-0 to approve. ~

KF made a motion to adjourn the meeting at 7:09 pm. ~GS seconded the motion and the Board voted 5-0 to approve.

Respectfully submitted,


Peggy Ammendola