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Planning Board Minutes, 12/19/2011

Town of Lenox
Planning Board
December 19, 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.

Route 7/20 Corridor Study:  JK reported that every year regional planning commissions receive funds from the State to provide technical assistance to cities and towns and Berkshire Regional Planning Commission (BRPC) is soliciting proposals for their District Local Technical Assistance (DLTA) grant program.  MA has talked with Pittsfield planners and they have suggested we file a joint application to BRPC to continue work on the Route 7/20 project.  Discussion ensued.  MS made a motion to support a joint application with the City of Pittsfield to request DLTA funds to continue work on the Route 7/20 project.  GS seconded the motion and the Board voted 5-0 to approve.  JK noted that the Board of Selectmen will also need to approve the application.  

CPC Application:  GS made a motion to submit an application seeking $20,000 from CPA funds to update the Open Space and Recreation Plan, and to authorize JK to sign the application.  SS seconded the motion and the Board voted 5-0 to approve.  

Sign Bylaw Amendments:  The Board discussed the positive and negative aspects of regulating signs through the Zoning Bylaw versus the General Bylaws.  JK said that he discussed the options with Bill Thornton, Building Commissioner who indicated his preference for regulating signs through the Zoning Bylaw because there is a clear path for enforcement.   Enforcement of the General Bylaws can involve criminal disposition of violations which can be a cumbersome process for all parties.  

KMV and MS asked if there are any advantages to regulating signs through the General Bylaws.  JK said that one can adopt General Bylaws by majority vote and zoning amendments require a two-thirds vote.  Also, under Mass General Laws, the Zoning Bylaw provides for grandfathering of pre-existing uses.  General Bylaws are not bound by the same grandfathering provisions.  After discussion, the consensus of the Board was to continue to regulate signs through zoning.  

MA reminded the Board about the joint meeting with the Historic District Commission on January 4, 2012 at 5:30 p.m.  KMV said she looks forward to developing a partnership with the HDC and SS noted that the HDC is interested in discussing the number of signs allowed as well as the mix of signs that may be allowed such as banners, flags and sandwich signs.  JK and SS asked MA to forward a copy of the sign topics handout to the HDC prior to the joint meeting.    

Economic Development Plan:  JK and MA offered information on a recent discussion on the Planners Listserv regarding economic assessment plans.  MA said she downloaded one of the plans and found it very interesting.  MA will email a copy of this plan to Board members.

Recommendations to Town Boards & Commissions:  No recommendations were requested.  






Review Correspondence:   Decisions and notices of public hearings from abutting communities were reviewed.  The Division of Fisheries and Wildlife sent a copy of the new report on biodiversity called The River and Its Valley.  MS who serves as the BRPC representative offered a report on recent commission activities.  

Minutes:  MS made a motion to approve the minutes of November 30, 2011. ~GS seconded the motion and the Board voted 5-0 to approve.  

Other Business:  MS noted that his work schedule has caused him to miss recent Affordable Housing Committee meetings.  KMV referenced the new solar/ wind powered lights at Eastover.   Discussion ensued and JK said he discussed the lights with Bill Thornton who confirmed that the lights are allowed.  Mr. Thornton further noted, however, that stand alone wind turbines are not an allowed use.  JK suggested that at some point in the future, the Board may wish to consider zoning provisions to allow residential scale wind turbines.  

SS made a motion to adjourn the meeting at 7:00 pm. ~GS seconded the motion and the Board voted 5-0 to approve.


Respectfully submitted,   


Mary Albertson