Town of Lenox
Planning Board
July 13, 2010
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Ken Fowler, KF; Steve Sample, SS; and Gary Schiff, GS
Absent: Kate McNulty-Vaughan, KMV
Staff present: Mary Albertson, Town Planner, MA and Peggy Ammendola, Land Use Clerk, PA.
The meeting was called to order at 6:00 pm.
Planning Board Recommendations to Town Boards and Commissions: John Renzi of Impact Signs and David Hicks of Legacy Banks were present and made a brief presentation regarding their proposal to install a sign for Legacy Banks on Town property on Main Street. Mr. Hicks told the Board they have received approval from the Historic District Commission and the Board of Selectmen for a directional sign on public property. It was noted that, in accordance with the Zoning Bylaw, such signs require review by the Planning Board. Mr. Renzi said that a sign is needed to indicate that this drive is for ATM and drive up banking only and not to access the Town’s parking lot behind the bank. KF made a motion to approve the sign as presented by Legacy Bank. GS seconded the motion and the Board voted 4-0 to approve.
Continued Discussion - Potential Zoning Amendments:
Outdoor Dining - MA presented the Board with a proposed outdoor dining bylaw which would be included in the Town’s General Bylaws, not the Zoning Bylaw. The bylaw would require approval of such activity by the Board of Selectmen who would have the ability to place conditions on each permit depending on each particular application. It was agreed that the bylaw should be included in those for consideration at a Special Town Meeting in the fall.
Bill Thornton’s Recommendations as outlined in his October 28, 2009 letter to the Planning Board - Building Inspector Bill Thornton was present and said that the minimum area requirements listed in the Zoning Bylaw prohibit him from issuing permits for accessory buildings, detached private garages or swimming pools to a residential property owner who owns a parcel of land that does not meet the current minimum area requirements of Section 4, Table 4.1.1. A large number of residential properties are deficient when it comes to the current minimum area requirement, therefore he asked the Board to consider eliminating the minimum area requirement. After discussion, the Board agreed that the minimum area requirements should be eliminated for accessory structures and further that a separate definition should be added for a
detached, private garage which also would not have to meet the lot area requirement.
Mr. Thornton also noted that there is no language in the Zoning Bylaw stating whether or not a fence requires a permit. The Building Code addresses fences that are over 6 feet in height, but he said that fences are being put up in front yards and there is no language for him to refer to for enforcement. MA will research the Bylaw for history regarding the regulation of fences and provide that information to the Board for their review at a later date.
Jim Biancolo regarding Section 6.7 - Mr. Biancolo was present and provided copies of an analysis he had prepared to illustrate how a bylaw could be drafted to establish setbacks based on occupancy. The analysis proposed that setbacks be increased as occupancy is increased to help assure that high occupancy uses have minimal impacts on residential neighborhoods. After discussion, MA was directed to contact Attorney Mark Bobrowski prior to the next meeting to ask him his opinion about the proposal.
Section 5.2 Signs on Public Property - It was noted that the current bylaw requiring the Planning Board to review such signs prior to seeking approval from the Board of Selectmen has not been followed. Members agreed that either the process should be followed or the review requirement should be eliminated.
Review Correspondence from Abutting Communities: Decisions and notices of public hearings and decisions from abutting communities were reviewed.
Minutes: GS made a motion to approve the minutes of June 22, 2010. KF seconded the motion and the Board voted 4-0 to approve.
KF made a motion to adjourn the meeting at 7:40 pm. SS seconded the motion and the Board voted 4-0 to approve.
Respectfully submitted,
Peggy Ammendola
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