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Planning Board Minutes, 04/09/2013
Town of Lenox
Planning Board
April 9, 2013
Land Use Meeting Room

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

Also present was Kameron Spaulding of the Beacon.

Approval Not Required Plans: There were no plans

Discuss Sign Regulations:  KMV said that in the last month, she, MS and MA looked at the Urban Design Associates Model Sign Code and have come to the conclusion that this model was simple to understand and preferable to continuing to pick through other model bylaws.

CG asked the Board what was behind the Board’s push to change the sign by-laws and what they hoped to achieve.  MA explained that the Building Commissioner had been asked by the BOS to do extensive enforcement.  There was community “push back” and the Board has devoted much of its time over the past couple years studying the bylaw attempting to create a new simplified bylaw that would be clear and enforceable.    Through public meetings, sandwich board signs became a “hot topic”.  It was pointed out that technology today is different than when the bylaws were written, therefore it is felt that the Board should start “re-thinking” sign bylaws.

Some ideas shared at the BRPC meeting on signage were:
1) Preferred ways to structure signs
2) What size a sign should be to draw the eye
3) Consider the size of the building
4) Formula for a size
5) Fit the sign to the character of the zone

The Board agreed that businesses should be permitted the opportunity to have creative expression, allowing signs to be useful and effective.  Signs in the Historic District are driven more by aesthetics than in the C1A and C3A zones.   The bylaw should be written for all districts and then it would be up to the HDC to determine what is appropriate in the Historic District.  

The Board agreed with the Model Sign Code’s definition of a sign:
“Any device, structure, fixture, painting or visual image using words graphics symbols numbers or letters designed and used for the purpose of communicating a message or attracting attention.”

KRF stated that most businesses located on Rt. 7 & 20 lost frontage as a result of the widening several years ago therefore are no longer conforming.  MA said that Jim Nejaime, a business owner on the highway, is interested in trying to do something to help the businesses on this route put up newer signs, which will help to “spruce up” the highway.   It is recognized that having to file for a variance to do so prevents many from proceeding.  MA suggested the Board look to a zoning bylaw change that will deviate from the set-back requirement, so that one could file for a special permit rather than a variance.                          

In conclusion the Board felt that in moving forward, what is finally adopted should be enforced and the business community should be educated on what they may have.  All were comfortable with MA, KMV and MS continuing to work as a sub-committee with the Model Sign Code and ask that the others continue to review it, mark it up, pass on their thoughts and think of situations to apply.   

Update on the Open Space and Recreation Plan Committee
The OSRP is to be submitted by the Conway School by April 15th.

Update on the Community Preservation Committee (CPC)
The CPC met last night and was attended by Town Accountant Charles Browne who explained how the funding of CPA projects works.  

Susan Wissler also attended and she inquired as to if the Town would be interested in partnering with The Mount for open space preservation of the property and the building.  The Mount has a balloon payment of 3.9 million dollars which is due in 2016.  They would like to preserve the land in perpetuity by having the Town buy the property, and open the grounds for public use.  The Mount would continue to function as it has been.  The thought is to connect through the Scarofoni property via an access easement to Edith Wharton Park on Laurel Lake.  

Lee and Lenox jointly own a house at Edith Wharton Park.  At the Lee Town Meeting, the voters approved with a 2/3 vote to sell their half, and asked Lenox to do the same.  This had been an Article on the draft Lenox Town Warrant, but the BOS decided to table this until they get more information.  

Discuss Solar Bylaw: SS said that he is seeing more solar arrays ground mounted in residential areas.  MA said that she would speak to the Building Commissioner to see if there are state building code issues.  She suggested that the Board explore provisions for removal of systems should one decide that they no longer want their existing system or want to replace it.  

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

Discuss Economic Development: Discussion ensued and it was agreed that there needs to be a strategy.  MA suggested that the Board look at a similar process that was employed to develop the OSRP by seeking out a school of business and utilizing their expertise for developing a strategy.  The Town and the Chamber of Commerce should work together to draw people and business.  CG mentioned again that he feels that advertising in the Tanglewood programs would be a great way of drawing attention to Lenox.

Planning Board Recommendations to Town Boards and Commissions:  
KMV told the Board about the Lenox Gov 101 Event that will be held on Thursday, April 11, 2013, at the Library and invited members to attend if possible.  

Review Correspondence from Abutting Communities & BRPC

Berkshire Regional Planning Commission: MS gave a brief review of the following topics discussed at the March 21st BRPC meeting:
  • Dave Christopolous, the Executive Director of the Hill Town’s CDC made a presentation regarding affordable housing.
  • Attendees participated in a climate energy game to explore solutions to reducing CO2 emissions by 25 percent by the year 2020.
  • Siting of medical marijuana facilities-Nat Karns of BRPC has written a letter to the Department of Public Health in which he recommends a moratorium on zoning until the Commonwealth determines how they will proceed.   MS will email the letter to MA who will then share with the Board.
  • There will be a meeting on May 30th which is the Fifth Thursday dinner meetingon the topic of medical marijuana.   
  • On April 24, 2013, there will be a meeting regarding the upcoming feasibility studies on the siting of stations, parking facilities, etc. for passenger rail service via the Housatonic Rail Road.  An ultimate goal is to provide transportation to NYC.   MS will attend the meeting.
Minutes-March 12, 2013: MS made a motion to approve the minutes with a minor edit.  SS seconded the motion and the Board voted to approve 3-0-1 with KRF abstaining as she was not at that meeting.   

CG advised that the florist at Guido’s generally sells plants during the spring and summer but has to relocate this part of her business due to the recent remodeling of the front of the store.  David Ward would like to allow her to operate this business at Lenox Commons.  It would be temporary for the spring and summer only and would be housed in a tent.   Bill Thornton advised that he would be permitting this under the tent provision as a seasonal business.  It was noted that several years ago, the farmer’s market was located in in the same location.  

KRF made a motion to adjourn and MS seconded the motion.  The Board voted 4-0 to adjourn at 8:00 pm.   

Respectfully submitted,
Peggy Ammendola