Town of Lenox
Planning Board
November 22, 2011
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Vice Chair Steve Sample, SS; Gary Schiff, GS; Kate McNulty-Vaughan, KMV; and Mark S. Smith, MS.
Staff present: Mary Albertson, Town Planner, MA
The meeting was called to order at 6:01 pm. ~
Approval Not Required Plans: No plans were submitted.
Stone Ledge Road – Bond Release Request: Rob Hoogs, of Foresight Land Services and Attorney Lori Robbins were present on behalf of Tom Spencer and Sawmill Realty, Inc. JK said the Board conducted a site visit on November 17, 2011 and needs to determine if all or part of the Letter of Credit securing the infrastructure improvements for the Stone Ledge subdivision may be released. The Board reviewed a letter from Jeff Vincent, DPW Director, confirming the infrastructure improvements are acceptable with some minor items remaining to be completed. JK noted that grass has just been planted along the roadside and may not survive the winter. MS asked several questions about the process which were answered by Mr. Hoogs. He explained that the Town holds a $71,000 Berkshire Bank
Letter of Credit from Tom Spencer to assure completion of the infrastructure and Attorney Robbins noted that once the Board approves a total or partial release, Tom Spencer has authorized Berkshire Bank to transfer the funds from the Letter of Credit to a trust account to pay those contractors still owed for their services. JK noted that it is not the Board’s responsibility to ensure creditors are paid since the bond is held for the benefit of the Town should the road or services not be completed. Mr. Hoogs has certified that approximately $4,500 worth of work remains and recommended the Town retain $6,750 to assure completion of those remaining items. Mr. Vincent has advised that such sum will be sufficient to complete the remaining items. Mr. Hoogs further confirmed that he will provide complete “as-built plans” to Mr. Vincent. SS made a motion to approve a partial bond release of $64,250, retaining $6,750. MS seconded the motion
and the Board voted 5-0 to approve. ~
Other Business: Attorney Lori Robbins was present on behalf of David Ward relative to a minor modification of the site plan for the previously approved Lenox Commons (a.k.a. The Lenox Shops and Aspinwell) project. Ms. Robbins said she has filed a request with the Zoning Board of Appeals (ZBA) for a modification of the Special Permit granted under the Gateway Mixed Use Overlay District (LMUD) to allow the construction of a small addition to one of the buildings and would also be seeking a waiver of Site Plan Approval since the change is minor. JK noted that the LMUD specifies the Planning Board as the Site Plan Approval authority for projects permitted under this section, and Section 9.5, which provides guidelines for Site Plan Approval, only references the ZBA which has Site Plan Approval
authority in other districts. This section does allow the ZBA to grant a waiver for minor changes if certain conditions are met. Discussion ensued regarding the LMUD and Site Plan Review process and the Board agreed to consider the Site Plan Approval waiver request as described under Section 9.5.3 at its next meeting.
The Board held a brief discussion about its December meeting schedule. Due to schedule conflicts with the regularly scheduled December 13 date, it was agreed this meeting would be held instead on November 30, 2011 at 6:00 p.m.
The Board also confirmed a meeting with the Pittsfield Community Development Board on January 17, 2012 at 7:00 p.m. at Pittsfield City Hall.
Sign Bylaw Amendments: Discussion ensued regarding the sample bylaws provided to the Board at the last meeting. The Board agreed that Belchertown and Concord were comprehensive and well written with Concord having the best provisions for sandwich board signs which are allowed by-right with regulations regarding location, height, size, and liability insurance coverage. KMV suggested that sandwich board signs are only one type of temporary sign and the Board should also discuss flags and banners. GS said he would like to see a variety of temporary signs, including flags and banners, because they make for a more diverse streetscape. The Board also discussed window signs and agreed that merchandise displayed in the window should not be considered a sign.
Discussion ensued on the positive and negative aspects of flags and banners. GS suggested that businesses be allowed one temporary sign and that it could be either a sandwich board or flag or banner sign. SS is concerned about flag signs in the village and noted that the Historic District Commission (HDC) has generally not looked favorably at flag signs. Board members expressed their strong concerns that we should be meeting with the HDC before going much further on this issue. MA noted scheduling conflicts in trying to coordinate a joint meeting and SS said he will bring it up at the next HDC meeting to try and set a date. JK suggested the initial new bylaw be restricted just to the village and to set it up as an overlay district with the same boundaries as the Historic District.
Potential CPC Application: Members discussed the need to update the Open Space and Recreation Plan (OSRP) and JK asked the Board if we should consider applying for Community Preservation funds to pay for a consultant to assist with this project. It was estimated that $20,000 should be sufficient for such an endeavor which will need to contain a strong public participation component. Board members agreed with the suggestion and JK and MA will work on an application to be presented to the Board for a formal vote for submission to the Community Preservation Committee.
Economic Development Plan: There was no new information offered or discussed.
Recommendations to Town Boards & Commissions: No recommendations were requested.
Review Correspondence: Decisions and notices of public hearings from abutting communities were reviewed.
Minutes: KMV made a motion to approve the minutes of November 8, 2011. ~GS seconded the motion and the Board voted 5-0 to approve.
GS made a motion to adjourn the meeting at 7:30 pm. ~MS seconded the motion and the Board voted 5-0 to approve. ~
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Respectfully submitted,
Mary Albertson
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