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Planning Board Minutes, 01/22/2013
Town of Lenox
Planning Board
January 22, 2013
Land Use Meeting Room

Members present:  Chair Kate McNulty-Vaughan, KMV; Gary Schiff, GS; Mark S. Smith, MS
Absent with notification: Steve Sample, SS; Kimberly Reopell Flynn, KRF
Selectman present: Channing Gibson, CG
Staff present: Peggy Ammendola, Land Use Clerk, PA; Mary Albertson, Town Planner, MA

Approval Not Required Plans-There were none.

Update on the Open Space and Recreation Plan Committee-On January 30, 2013 from 6:30 to 7:30 pm the first public forum will be held.  It will be interactive with the focus on recreational goals and visions. A flyer has been posted throughout the town asking for the residents  to participate. A sub-committee of three, KMV, Ruth Wheeler and Jan Chague have been working on a survey that will be available online for the public’s input.  MA will email the survey in its present form to the Board and is asking for them to review and offer any suggestions they may have.

Update on the Community Preservation Committee-On January 28, 2013 the six applicants for Community Preservation Funds for 2013 will make their presentations.  A second meeting will be held on February 11, 2013.  
MS asked MA to explain the funding and the role of the CPC.  MA stated that the Town takes in approximately $300,000.00 annually from local receipts.  This is the local surcharge.  The state will match those funds, the amount of which varies each year.  In the past the state match has been based on surcharges from filings at the Registry of Deeds.  There are three categories designated for the funds; open space projects, historic preservation projects, and affordable housing projects.  The Community Preservation Act requires that communities annually appropriate, or reserve for future appropriation, at least 10% of its estimated annual CPA fund revenues into those three categories.  The balance, minus administration fees, goes into an undesignated balance.  Most of the applicants each year have been non-profit organizations.  Recently there has been discussion that the Town should also apply as there are projects that could benefit.  CG said that a large recreation plan is being considered around the river front which he feels seems to fit the spirit behind the adoption of the CPA.

Discuss Sign regulations-There was nothing new to discuss other than that Planning Board members and MA will be attending the January 30, 2013-5th Thursday BRPC Dinner Meeting.  The topic will be on signs.

Discuss Solar Bylaw- There was nothing new to discuss.

Discuss 7&20 Corridor Overlay Bylaw- There was nothing new to discuss.

Discuss Economic Development-CG stated that there are two issues relative to zoning and economic development.  There are two businesses that have expressed an interest in locating in Lenox.  
One business is Sam Kasten Handweaver, currently of Pittsfield, who would like to relocate their administrative component to Lenox Commons.  Samples of their product are made at their administrative facility on looms.  The Building Commissioner has advised that this constitutes manufacturing, which is not allowed in the Gateway District.  CG pointed out that two other businesses located  at Lenox Commons are making product on site.  He supports the request and although the Board of Selectmen have not met to discuss this issue, he feels they will advocate on the side of Sam Kasten Handweaver.  MA stated it was her understanding that when the Town adopted the Gateway Overlay District it would be retail, residential and professional offices.  David Ward, the owner of Lenox commons, does have a Special Permit and could apply for a modification under Section 8.2.17 of the Zoning Bylaw as there is a provision for deviation.  She suggested the Board might consider revisions to the Bylaw to encourage artisan craft businesses.  She suggested the Board may want to revisit the overlay district to determine if it is precluding businesses that the Town would like to have.  
A veterinarian has approached the Town Manager about locating a clinic in Lenox.  This use is clearly prohibited in the Gateway, and not even mentioned in the Zoning Bylaw, therefore is not allowed.  MA pointed out that in the bylaw “medical” is referred to for a “person”.  She suggested that the Board consider a future zoning amendment if they wish to allow veterinarians.  Currently, the only option is a use variance and that is a long shot given the state standards.   

Planning Board Recommendations to Town Boards and Commissions-There were none.

Reviewed Correspondence from Abutting Communities
BRPC-MS attended the monthly meeting of the Berkshire Regional Planning Commission at which community representatives were invited in a round table discussion to discuss what they considered to be critical issues in their communities that were related to affordable housing.  He presented to the Board members copies of a spread sheet and handout provided to the attendees by BRPC.  The state mandates that each community has 10 percent of their housing stock (year around residential) in affordable housing.  Lenox does not meet that requirement.  KMV asked MS to keep the Board apprised of any forthcoming information from BRPC on this subject.
Some additional topics discussed at the BRPC meeting included Berkshire Regional Transit Authority’s ten year vision for mass transit and local regulations of medical use marijuana facilities.   
Minutes-January 8, 2013-Tabled as there was not a quorum.  KMV, SS and KRF were sitting for that meeting.  
GS made a motion to adjourn and MS seconded the motion.  The Board voted to agree to adjourn at 7:30 pm.    

Respectfully submitted,
Peggy Ammendola