Town of Lenox
Planning Board
November 13, 2012
Board of Selectmen Meeting Room
Members present: Chair Kate McNulty-Vaughan, KMV; Steve Sample, SS; Gary Schiff, GS; Mark S. Smith, MS; Kimberly Reopell Flynn, KRF
Selectman present: Channing Gibson, CG; Ed Lane, EL
Staff present: Peggy Ammendola, Land Use Clerk, PA; Mary Albertson, Town Planner, MA
Also present were: Clarence Fanto of the Berkshire Eagle and Kameron Spaulding of the Beacon.
Approval Not Required Plans-There were no plans.
Discuss the Open Space and Recreation Plan Project-MA reminded that the next meeting will be November 20, 2012 at 6:00 pm when there will be a review of the 2006 community survey and the Master Plan with the intention of formulating plans for work on this project. KMV invited members of the Board to feel free to participate. MA added that this is the first year that CPA funds will be authorized for outdoor recreation.
Discuss Solar Bylaw-There was a quick discussion regarding the latest information from Brian Domina that MA had handed out at the last meeting which explored the idea of what it would take for a community to turn back a solar array project. This agenda item will be kept as a place holder in the event something develops.
Discuss 7&20 Corridor Overlay Bylaw- MA advised that MassDot has been questioned on the Town’s authority on curb cuts, but there has yet to be a response.
Economic Development Opportunities Discussion with Board of Selectmen: CG had nothing new to report.
Planning Board Recommendations to Town Boards and Commissions-MA advised that there are three applications that are scheduled for the ZBA on December 5, 2012. They are: PVI Lenox Village LLC 60-68 Main Street, Map 43, Parcel 196, aka Nejaime’s; Electric Power Research Institute (EPRI) 115 East New Lenox Road, Map 34, Parcel 1; Shanlen Realty Corporation, aka "Hoff's Mobil", 90 Main Street (Map 43, Parcel 192)
Correspondence from Abutting Communities and BRPC-Notices were reviewed.
Approve Minutes: SS made a motion to approve the minutes of October 23, 2012 as amended. KRF seconded the motion and the Board voted to approve 4-0-1. GS abstained as he was not at that meeting.
Other Business:
MA advised the Board that Lucy Kennedy of the Finance Committee has created a slide presentation on the town’s revenue challenges and Ms. Kennedy has asked if she could present it to the Board. Board members who can will attend the CPC meeting on Monday, November 19, 2012 for her presentation. Others will view on the televised version that is available through CTSB or email which KMV offered to forward. CG said that it is also available on his website, whatsupinlenox.com.
Strategy for continued discussion on sign bylaw was discussed. All commercial and industrial to be the focus start by category then see how different for different zones stay broad and narrow temp window signs and displays
Public Information Meeting Regarding Draft Sandwich Board Sign Regulations
Convened at 6:30 pm
Two members of the public were present: Sharon Hawkes and George Jordan.
The Draft was handed out and KMV reviewed each portion, allowing time for discussion and suggestions for changes. She stated that this bylaw would be in the General Bylaw, not the Zoning Bylaw, and explained that the final draft would go before the ATM for approval before it could be enacted.
Mr. Jordan felt that this proposal is an attempt to supersede the Historic District Commission and he does not approve of sandwich board signs in the Historic District. KMV disputed saying that the HDC bylaw does not extend its review to temporary signage.
KRF suggested that Town Counsel be consulted for her legal opinion and clarification of the jurisdiction of the HDC. MA said this has been done, but she will speak to the Town Manager with whether Town Counsel has rendered a decision on if under the General Bylaw the Selectmen have the authority to issue permits for sandwich signs.
Ms. Hawkes said that when this issue came before HDC, the HDC said it was not in their purview to review temporary signs.
KMV stated that Jim Biancola had submitted his comments regarding sign dimensions and he feels that the proposed bylaw should be more specific. Discussion ensued and EL suggested that a dimension for footprint size be added.
KRF felt it is important to add to the draft that the Police Department would have authority to remove a sign in the event there is an emergency situation and no one from the Building Department is available.
Discussion ensued regarding the use of sandwich board signs in all districts but residential. Mr. Jordan voiced his opinion that he felt that these signs have no place in the Industrial District.
GS felt that a section in the draft that needed to be looked at further was the section related to an insurance company giving notice to the Town in the event a merchant no longer carried insurance which protects the Town.
KMV said that she felt that the Board was closer to having a final draft and that another meeting such as this one would probably be held in the early spring.
The only meeting in December will be December 11, 2012.
GS made a motion to adjourn at 7:30 PM and KRF seconded the motion. The Board voted to agree 5-0.
Respectfully submitted,
Peggy Ammendola
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