Town of Lenox
Planning Board
May 10, 2011
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Vice Chair Steve Sample, SS; Kate McNulty-Vaughan, KMV; Gary Schiff, GS; and Mark S. Smith, MS.
Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, Land Use Clerk, PA
The meeting was called to order at 6:05 pm. ~
Members welcomed Mark Smith, who was elected to the Board on May 9th filling the vacancy left by Ken Fowler who chose not to run for re-election.
Approval Not Required Plans: No plans presented.
Public Hearing for the modification of a definitive subdivision plan entitled Stone Ledge Subdivision:
It was noted that the Board conducted a site visit at Stone Ledge Subdivision at 5:45 pm prior to this meeting.
Presenting the request for the modification were Tom Spencer, the developer of Stone Ledge Subdivision and Rob Hoogs, President of Foresight Land Services. Mr. Spencer told the Board that it was the consensus of the residents of Stone Ledge that they would prefer to not have a sidewalk, choosing instead for the subdivision to have what he called a “country flair”. He stated that he will complete the paving of the subdivision road by September 15, 2011.
Mr. Hoogs said that Stone Ledge was approved as a definitive land subdivision in 2003 and at that time, the proposal called for a sidewalk on one side of the road. Since the residents have asked that a sidewalk not be constructed, the developer is requestingthat the Board approve the modification of the subdivision plan, removing the requirement for the sidewalk.
It was noted that letters from the following Stone Ledge property owners in support of the request for modification were received and placed in the record: Mike and Sherry Wilser, Bill Parsley, Jim and Heidi Nejaime, Sandy and David Levine, Amy and Tom Lehman, Daniel and Nancy Ginsburg, M. Digrigoli. Several of the letters indicated that support was contingent on the road being paved by September 15th and several stated their desire for the Town to take over the road as a public way.
A letter received from Jeff Vincent, Superintendent of the Department of Public Works, asking that the Board provide the modification was also placed in the record. In his letter, Mr. Vincent listed the final items required by the DPW to assure the road will meet Town specifications.
JK said that no letters of opposition to the modification were received.
Comments from those in attendance included the following:
Mike Wilser wanted to confirm that the existing paving is not the final surface. Mr. Hoogs responded that the existing paving consists of a binder coat which will also be installed on the cul-de-sac. A top course consisting of 1.25 to 1.50 inches thick, composed of finer aggregate will be installed on the entire roadway.
Jim Nejaime asked about a plan for the island at the cul de sac and what would be the recourse of the homeowners if Mr. Spencer did not complete the road as proposed.
Mr. Spencer responded that there were no plans for the cul de sac other than to have a 100 foot diameter paved surface as required by the Town. He further explained that he has posted an irrevocable letter of credit with the Town in the amount of approximately $73,000.in a Certificate of Deposit securing the letter of credit. Should the road not be finished by the developer, the Town could use the letter of credit to complete the work.
GS made a motion to close the public hearing. SS seconded the motion and the Board voted 5-0 to approve.
JK suggested that a condition be placed on any approval of the modification to require that the amount of the letter of credit be increased by an amount equal to the value of the sidewalk construction. Members indicated that they would not be in support of such a condition.
GS made a motion to grant the request to modify the approved subdivision by removing the requirement for the sidewalk, with no conditions. MS seconded the motion and the Board voted 5-0 to approve.
Review Correspondence from Abutting Communities & BRPC: Decisions and notices of public hearings from abutting communities and other correspondence were reviewed.
Reorganization: SS made a motion to nominate JK as Chair of the Board. MS seconded the motion and the Board voted 5-0 to approve. GS made a motion to nominate SS as Vice Chair and MS seconded the motion. The Board voted to approve 5-0.
SS made a motion to nominate the following Board members to the respective committees: Historic District Commission-SS; Affordable Housing Committee-MS; Community Preservation Committee-KMV; Berkshire Regional Planning Commission-GS. MS seconded the motion and the Board voted 5-0 to approve.
Minutes: KMV made a motion to approve the minutes of April 12, 2011 as written. SS seconded the motion and the Board voted 3-0-2 to approve. GS abstained as he was not present at that meeting and MS abstained as he was not a member at that time. SS made a motion to approve the minutes of April 26, 2011 as written. KMV seconded the motion and the Board voted 3-0-2 to approve. GS abstained as he was not present at that meeting and MS abstained as he was not a member at that time.
GS made a motion to adjourn the meeting at 7:00 pm. ~MS seconded the motion and the Board voted 5-0 to approve.
Respectfully submitted,
Peggy Ammendola
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