Town of Lenox
Planning Board
April 12, 2011
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Vice Chair Steve Sample, SS; Ken Fowler. KF; and Kate McNulty-Vaughan, KMV.
Absent: Gary Schiff.
Staff present: Mary Albertson, Town Planner, MA
The meeting was called to order at 6:01 pm.
Approval Not Required Plans: No plans presented.
Zoning Amendments - Board Report to April 14, 2011 - Special Town Meeting:
Article 1: To see if the Town will vote to amend the Town of Lenox By-laws by adding a new Chapter XXVI, Regulations for Outdoor Dining Licenses. KF made a motion to recommend approval of Article 1. SS seconded the motion and the Board voted 4-0 to approve.
Article 2: To see if the Town will vote to amend the Lenox Zoning By-laws by deleting Section 6.3, Outdoor Dining, in its entirety. KF made a motion to recommend approval of Article 2. KMV seconded the motion and the Board voted 4-0 to approve. Members agreed that if Article 1 does not pass they will ask Town Meeting to pass-over Article 2.
Article 3: To see if the Town will vote to amend the Lenox Zoning By-laws as follows: a) delete footnote (6) from Section 4.1.1 Table of Dimensional Requirements, and replace therewith the following: “(6) In the residential zoning districts, one accessory building or one detached garage is allowed on a lot with insufficient area which complies with all current street and lot line setbacks, frontage and setback between building requirements. In the event that the Building Commissioner determines there is not compliance with street or lot line setbacks, frontage or setback between building requirements, the Zoning Board of Appeals may grant a Special Permit for the reduction of these requirements, provided that the accessory building or detached garage does not exceed 20 feet in height.” b) delete the
paragraph entitled Garage, private from Section 10. Definitions and replace therewith the following: “Garage, private: An attached or detached structure used exclusively for parking and storage of motor vehicles, not operated for commercial purposes and not available to the general public.”. SS made a motion to recommend approval of Article 3. KMV seconded the motion and the Board voted 4-0 to approve.
Article 4: To see if the Town will vote to amend the Lenox Zoning By-laws by adding the following Footnote (7) to Section 4.1.1 Table of Dimensional Requirements: “(7) In the residential zoning districts, a structure is allowed on a lot with insufficient area which complies with the street line setback, lot line setback and frontage requirements. In the event that the Building Commissioner determines there is not compliance with street line setback, lot line setback or frontage requirements, the Zoning Board of Appeals may grant a Special Permit for the reduction of these requirements.”. KMV made a motion to recommend approval of Article 4. KF seconded the motion and the Board voted 4-0 to approve.
Article 5: To see if the Town will vote to amend the Lenox Zoning By-laws as follows: a) remove the phrase “after review by the Planning Board” from Section 5.2.1.1., Signs General; and b) remove the phrase “after review by the Planning Board” from Section 5.2.4.5., Signs in All Districts. KMV made a motion to recommend approval of Article 5. KF seconded the motion and the Board voted 4-0 to approve.
Article 6: To see if the Town will vote to amend the Lenox Zoning By-laws by a) deleting the following language at the end of the first sentence contained in the paragraph entitled Customary Home Occupation: in Section 20, Definitions: “such as dressmaking, preserving or home cooking, real estate agent, attorney, photographer, the giving of private music and dance lessons, or a one-chair beauty parlor”. b) adding the following language at the end of the paragraph entitled Customary Home Occupation: in Section 10 Definitions: “(See Section 3.1.H.9 for those uses requiring a Special Permit)”. KMV made a motion to recommend approval of Article 6. SS seconded the motion and the Board voted 4-0 to approve.
Article 7: To see if the Town will vote to amend the Lenox Zoning By-laws by deleting the word “storage” and replacing it with the word “structure” in Subsection H.5 of Table 3.1-Use Regulations. KF made a motion to recommend approval of Article 7. KMV seconded the motion and the Board voted 4-0 to approve.
Article 8: To see if the Town will vote to amend the Lenox Zoning By-laws by a) deleting the following phrase from Subsection 2 of Section 3.3.7 Reconstruction after Catastrophe or Demolition: “, and shall meet all applicable requirements for yards, setback, and height”. b) deleting Subsection 3 of Section 3.3.7 Reconstruction after Catastrophe or Demolition in its entirely and replace therewith the following new language: ”In the event that the proposed reconstruction after demolition would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) exceed applicable requirements for yards, setback, and/or height or (c) cause the structure to be located other than on the original footprint, a Special Permit shall be required from the Board of Appeals prior to demolition.” c) adding the following new Subsection 4 to Section 3.3.7 Reconstruction after Catastrophe or Demolition: 4. In the event of a bona fide catastrophe, one may apply for a
Special Permit from the Board of Appeals to allow for reconstruction that would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) exceed applicable requirements for yards, setback, and/or height or (c) cause the structure to be located other than on the original footprint. One must apply for the Special Permit within 24 months of the date of the catastrophe.”. SS made a motion to recommend approval of Article 8. KF seconded the motion and the Board voted 4-0 to approve.
Recommendations to Town Boards & Commissions: KMV recommended that the Board review the CPC budget recommendations to Town Meeting. She suggested that if the Board felt it was appropriate, there should be a formal vote to offer recommendations on the CPC proposals. JK said that in the past, the Board has offered input regarding the CPC budget. It was agreed the Board would take this issue under consideration for a decision at the April 26, 2011 meeting.
Review Correspondence: Decisions and notices of public hearings from abutting communities, as well as other correspondence were reviewed.
Minutes: SS made a motion to approve the minutes of March 22, 2011. KF seconded the motion and the Board voted 4-0 to approve. KF made a motion to approve the minutes of March 29, 2011. KMV seconded the motion and the Board voted 4-0 to approve.
Other Business: JK said that the Lenox Chamber is hosting a debate among candidates for Selectman on April 26, 2011. JK proposed starting the April 26th meeting at 5:30 pm to allow the Board time to conduct its business and allow members an opportunity to attend the debate. The Board agreed.
KF made a motion to adjourn the meeting at 7:06 pm. SS seconded the motion and the Board voted 4-0 to approve.
Respectfully submitted,
Mary Albertson
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