Town of Lenox
Planning Board
May 22, 2012
Land Use Meeting Room
Members present: Acting Chair Steve Sample, SS Kate McNulty-Vaughan, KMV; Mark S. Smith, MS; and Gary Schiff, GS.
Staff present: Peggy Ammendola, Land Use Clerk, PA; Mary Albertson, Town Planner, MA
The meeting was called to order at 6:00 pm.
Also in attendance were Selectmen Channing Gibson and Ed Lane as well as three members of the press who represented the Berkshire Eagle, The Beacon and The Record respectively.
Approval Not Required Plans: Patrick McColgan, a surveyor who represents Mary Syriac, owner of properties at 53 and 57 Tucker, presented the Form A. To accommodate a neighbor (Gamble) to have the driveway on the Gamble property, Ms. Syriac is reconfiguring her property and adding a 10 foot strip of 2,000 square feet to the Gambles lot. The Form A depicts lots 2, 3 and 4 as belonging to Ms. Syriac and Lot 1 as belonging to Gamble. Lot 2 will be conveyed to the Gambles. This puts the Gamble’s driveway on their property. MS made a motion to approve the lot line adjustment. GS seconded the motion and the Board voted 4-0 to approve.
Review applications for Planning Board member: Two letters of interest have been submitted to the Planning Board for the position vacated by Board member Joe Kellogg. The letters were from Lucy Kennedy and Kim Flynn. It was decided to hold a joint meeting with the Board of Selectmen on June 12, 2012 at 5:30 pm to interview the interested parties. MA will co-ordinate the meeting with the Town Manager/BOS.
Sign Bylaw Amendments: SS gave a brief review of a meeting with the HDC and stated that the HDC does not deal with temporary signs; therefore the issue of sandwich board signs and other temporary signage is left up to the Board of Selectmen and Planning Board. Mr. Gibson said that until the Planning Board can craft a bylaw amendment, the Selectboard will decide at their meeting tomorrow night on a temporary measure that will see the businesses through their busy season. Discussion centered on the size, style and materials for sandwich board signs and criteria that will allow for enforcement. Mr. Gibson said added that it will be made clear to the businesses that this is an exception in the absence of a sign bylaw, and that it will be reviewable.
SS said that the Board should deal first with the sandwich board signs, and then with additional temporary signs e.g., menu signs, window displays, open banners and flags.
KMV cautioned about being lax on regulations during this season only to determine afterwards that it must be scaled back.
KMV left at 6:30 pm.
The concept of “by right” was discussed. The HDC Bylaw states that the HDC must review. MA will speak to Town Counsel to see if by right can be exempt under the HDC bylaw.
There was discussion regarding the existing draft of the proposed sign bylaw. Mr. Gibson has been provided with this draft and he has reviewed sandwich signs in other communities and online. He suggested that the Board give direction or emphasis on what they want the Selectmen to consider. GS responded that he felt that the BOS should work within the specifics that are in the draft. Mr. Channing feels that the BOS will want to get something going as quickly as possible. All agreed that it would be better to put something in place for now that would extend to the end of this calendar year. Planning Board members were encouraged to walk around the Village and review on July 10, 2012.
The Board agreed to develop a new strategy and establish a goal to have a draft completed by July-August for sandwich board signs. Once that is under control then work will begin on all other temporary signs and the Board will determine how to coordinate with the HDC.
MA will do another draft with everyone’s comments and give to the HDC.
Discuss Solar Bylaw: MA commented that BRPC has created a well written document for consideration for a solar bylaw, but some restrictions included have not been tested in court. She said that the town of Bolton has adopted a bylaw which has more restrictions and she will follow up to see if the Attorney General approves and keep the Board posted of any developments.
Recently MA attended a meeting in which Don Dubendorf, an attorney who specializes in land use and zoning law, spoke about the adoption of solar bylaws. MA said that Mr. Dubendorf stated that one must be careful with regulating solar as it falls under MGL Chapter 40A, Section 3, which covers subjects that zoning cannot regulate.
Economic Development Plan: SS said that the Board had been asked to take an active part in Economic Development. Channing Gibson is the liaison from the BOS to the Planning Board and he said that recent discussion has been to recreate the Economic Task Force of several years ago and having it take over. This has not yet been decided.
Recommendations to Town Boards & Commissions: MA said that the Zoning Board of Appeals has asked the Board to clarify the maximum unit size allowed under the Accessory Dwelling Unit bylaw. MS volunteered to look at the most recent application (Charleton) before the ZBA, review the bylaw and meet with MA and advise the ZBA. GS made a motion that MS review the ADU bylaw and application and report his findings to the PB and SS seconded the motion. The Board voted to agree 3-0. MA will advise the PB of the results of the review before passing on the recommendation to the ZBA.
Review Correspondence from Abutting Communities & BRPC: There was no correspondence.
Other Business:
1) MA and MS will be attending a meeting on Thursday with BRPC and Pittsfield concerning the Route 7 ordinance.
2) MS gave a quick review of the most recent BRPC meeting which included discussion of the Transportation Improvement Program for 2012 and 2013.
3) MS advised that on May 24, 2012 there will be a meeting of the Housatonic river cleanup
Approve Minutes: GS made a motion to approve the minutes of May 8, 2012. MS seconded the motion and the Board voted to approve 3-0.
GS made a motion to adjourn the meeting at 7:48 pm. SS seconded the motion and the Board voted to agree 4-0.
Respectfully submitted,
Peggy Ammendola
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