Town of Lenox
Planning Board
June 12, 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
Selectmen present: Channing Gibson, Ed Lane, Ken Fowler and David Roche
Selectman absent: John McNinch
The meeting was called to order at 5:35 pm.
Joint Meeting of the Planning Board and Board of Selectmen-Interviews with Applicants for Vacant Planning Board Position
Kim Flynn and Lucy Kennedy both applied to fill the Planning Board position. A list of questions had been prepared and would be asked of both applicants.
Following Ms. Flynn’s interview, Ms. Kennedy announced that she wanted to withdraw her application as she felt that Ms. Flynn was very capable and that she (Ms. Kennedy) had just been appointed to the Historic District Commission (HDC). The HDC appointment is in addition to other positions she holds with the Finance Committee, Historical Commission and Historical Society.
The Selectmen expressed their appreciation to Ms. Kennedy for becoming involved and sharing her knowledge and expertise. Ms. Kennedy said that she would continue to offer her assistance.
A joint motion was made by MS to appoint Kim Flynn to fill the vacated position on the Planning Board until the May 2013 election. GS seconded the motion. The vote to approve Ms. Flynn was unanimous.
Selectman Channing Gibson remained for the duration of the meeting.
Discuss Sign Bylaw: Mr. Gibson advised that the Board of Selectmen received seven applications from Historic District merchants for sandwich board signs, all of which were approved, and that the weekend following was uneventful. The Selectmen, each of whom walks through the Village frequently, wish to approach the sandwich board issue in a casual way, rather than to be caught up in enforcement as it was last year. The applicants are aware of the rules for compliance, which will be enforced, but the Selectboard wants to deal with the issues on a personal level rather than formal enforcement.
If the rules prove to work this summer, which were based on the Planning Board’s recommendation, this may be what is taken to the Annual Town Meeting in May 2013.
The Planning Board’s strategy for dealing with the proposed sign bylaw was reviewed. MA said that at the last meeting the strategy agreed upon was to have a draft completed by July-August for sandwich board signs, and that once that was under control work would begin on all other temporary signs and the Board would determine how to coordinate with the HDC. Since that meeting MA has submitted the draft to the Board and is waiting for their comments so that she can give the draft to the HDC. MA said that when she has those comments she will need time to coordinate this revised draft with Town Counsel, the Planning Board and the HDC. It still has to be determined if there is a possibility to do things by right within the Historic District.
KMV suggested that the Board not delay any further in working with signage in areas outside of the HDC. She pointed out that the Board had promised the merchants a Special Town Meeting this past April.
MA responded that she and MS are working with BRPC on the Route 7 and 20 corridor study recommendations which may involve signage. This is a reason MA asked the Board to focus on sandwich board signs before moving on to the other sign issues, i.e., wait to see what the outcome of these sessions will be.
MS agreed stating that the Board should stay with one task as he feels that it is distracting to go into other zones until the District is resolved.
MA asked the members to review the latest draft, make their comments and submit to her, allowing her a few days to incorporate all of their comments, and suggested that the Board make it an agenda item for the next meeting to review. If the Board feels at that time that the draft is complete, MA will get it off to the HDC.
Discuss Solar Bylaw: MA presented to the Board another draft for a solar bylaw. This one is from Belchertown. She feels that this one is a good model, but it has not yet been approved by the Attorney General. She compared this model to the state model which is by right, the BRPC model which focuses on special permits and this one which identifies the zones.
MA advised the Board that they need to be specific as to the areas they wish to regulate and to determine if they want an overlay district or if they should engage the power of a special permit. MA stated that she hopes that the Board will have something in place by the next Town Meeting, but if not, at a minimum she would like to see the adoption of a “by right” model as it gives some enforcement. GS suggested that it would be good to have a map with roads, zoning, electric grids, wetlands, south facing slopes, and slopes over 15 percent denoted. MA will speak to Mark Malloy of BRPC to see if he can utilize GIS to provide such.
Discuss Economic Development: KMV asked Mr. Gibson how the Town wants to look at economic planning and if this should involve the Planning Board. Mr. Gibson said that at this time he doesn’t know as the focus has been on a 10 year plan. It was agreed that the Board will wait for some guidance from the Board of Selectmen.
Rezoning was suggested as something to review to determine if the present zoning was accomplishing what the Town wants to accomplish for economic development.
Planning Board Recommendations to Town Boards and Commissions: MA followed up on a Zoning Board request to the Planning Board regarding Section 7.2 of the Zoning Bylaw, Accessory Dwelling Units. On May 2, 2012 a petitioner requested permission to convert a portion of his residence to an ADU. (Kevin Charlton, 428 Housatonic Street (Map 8, Parcel 155). During that hearing, the question arose as to whether the allowance of 40 percent (no more than 800 square feet) for an ADU was for pre-conversion or post conversion. That hearing was continued to allow a review by the Planning Board. MS and MA studied that section of the bylaw and determined that the calculation is based on the size of existing structure prior to a conversion. This information, plus the fact that MS’s
calculation show that the plan as presented exceeded the 800 square foot maximum by 40 square feet, has been provided to the ZBA and to the applicant. Mr. Charlton does not want to seek a variance, and will consult with an architect to come up with a design which will limit the size of the ADU to 40 percent of the existing building, or 800 sf.
Reviewed Public Hearing Notices from Abutting Communities
Approve Minutes: GS made a motion to approve the minutes of May 22, 2012 and MS seconded the motion. The Board voted to approve the minutes 3-0-1 with KMV abstaining as she was not present for the entire meeting.
Other Business:
- Housatonic River cleanup-Meetings are continuing. Mr. Gibson said that there are many remaining questions and suggested that the Board members watch closely. Another meeting is scheduled for this week.
- Open Space-The Board agreed that this should be an agenda item for the next meeting.
SS made a motion to adjourn the meeting at 7:19 pm. MS seconded the motion and the Board voted to adjourn 4-0.
Respectfully submitted,
Peggy Ammendola
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