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Planning Board Minutes, 09/24/2013
Town of Lenox
Planning Board
September 24, 2013
Land Use Meeting Room

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

Approval Not Required Plans-There were none.

Continued Discussion - Sign Regulations-KMV said there has not been a sub-committee meeting but she will try to have one prior to the next meeting.    KMV said she would share with MA a link to a site set up by a contender in the mayoral race in Boston which, in a humorous way, discusses the public’s accessibility to permitting.  She suggested the Board go to the townoflenox.com website to look at permitting online, in particular the building department.  She feels it is a cumbersome site to navigate and could be improved upon.

Update on the Open Space and Recreation Plan-MA informed the Board that this Committee will be meeting next week and she feels there will be continuation of the formation of a land management committee.  KMV asked the Board to share comments they may hear with regard to this subject, as she feels the effort to create the committee may be bogging down.  

Continued Discussion of the Medical Marijuana Moratorium and Solar Bylaw-

    Medical Marijuana Moratorium-At the last meeting the Board asked MA to forward the Board’s thoughts regarding medical marijuana to Kopelman and Paige and Brian Domina of BRPC.  Both have responded and MA forwarded the responses to the Board members on September 12th and 13th.  MA summarized the responses and said Mr. Domina suggested the Board decide where they stand on the issue and proceed accordingly.  Discussion ensued and the Board asked MA to advise Mr. Domina of the Board’s interest in a moratorium approach and to ask his advice on final language.  KS volunteered to produce a document for the next meeting.  Upon the Board’s agreement on the final language, a public input session will be scheduled.  GS, referring to an article in the Berkshire Eagle on September 23rd, said there are158 applicants who have qualified for the next phase of the selection process regarding licenses to dispense medical marijuana.  There are 35 licenses available in state, with no more than 3 sites in Berkshire County, and the state expects to start awarding licenses by the end of the year.  

     Solar Bylaw-KMV said that at the last meeting the Board questioned whether the Board should be restrictive in terms of having solar limited to properties that are zoned industrial area or to include all commercially zoned properties and also to determine if any a solar installation would affect property values, i.e., if solar installations would increase tax revenue.  MA said that due to personnel changes and other priorities in the Assessor’s Office, she was unable to get information regarding property values.  She advised that this week the ZBA approved two solar petitions for municipal installations.  She was not sure how one could gauge whether solar installations affects property values in a neighborhood.    This will not generate taxes, but there would be PILOT (payment in lieu of taxes) payments.

     KMV, noting that our C3A Zone abuts Routes 7 & 20, expressed concern of the visual impact of large ground mounted solar installations.  Discussion ensued regarding revenue generators, for example solar versus retail as well as traffic impacts of solar versus retail.  GS stated that the Board should separate the aesthetics from utility.  SS pointed out that there is property behind Price Chopper that may be an area where solar could be located as it would not be a visible site from the highway, but others thought there would be an issue with wetlands.  

In closing the discussion, it was agreed there seemed to be a split on whether C3A zoned properties could be sites for solar.  KMV asked that MA try to get answers regarding tax assessment before the next meeting, and that the Board look at the setback issues for the Commercial zones and be prepared to come to agreement for locations.  MA confirmed that if it is decided to establish an overlay district for solar it cannot be more restrictive than the zone already is.

Discuss Economic Development- MA shared with the Board a document she learned about through her Planners’ List Serve. It is entitled Small Towns, Big Ideas, a project which began in mid-2006 when the UNC School of Government partnered with the North Carolina Rural Economic Development Center to identify and document fifty small towns that were implementing successful or innovative approaches to community economic development. It is a searchable database that includes case studies about planning and implementing economic development strategies in small towns with populations of fewer than 10,000 residents.

Discussion ensued regarding the best approach in engaging the public, i.e., should that be the first step, or should there be professional involvement first whereby someone is engaged  who has experience, analysis and ideas who could provide a foundation for community discussions.  GS stressed the need for new input and ideas of what has been done elsewhere and weave into the fabric of what we have in Lenox.  He suggested hiring a facilitator with experience from other communities, with analysis and ideas that would then provide a foundation for community discussions.  

Sharon Hawkes of the Lenox Library stated that in past there have been discussions initiated by the Town, Chamber of Commerce and the Library, whereby the residents have identified arts, history, nature and wellness when envisioning development in Lenox.  She asked the Board to consider the Library as a resource for assisting the Board in whatever way is necessary and said the Library would be interested in assisting residents who want to start a business.   

The Board asked that MA reach out to find someone who could provide professional assistance.  MA asked the Board to review Small Town, Big Ideas and to consider attending BRPC’s Annual Dinner on October 17th where John Mullin will talk about economic development.   

Reviewed Correspondence from Abutting Communities & BRPC

Minutes:
April 23, 2013-The Rule of Necessity was invoked.  KMV made a motion to accept the minutes as written.  SS seconded the motion and the Board voted to approve 4-0.
May 14, 2013-The Rule of Necessity was invoked.  GS made a motion to accept the minutes as written.  SS seconded the motion and the Board voted to approve 4-0.
September 10, 2013-GS made a motion to approve the minutes as amended.  KS seconded the motion and the Commission voted to approve 4-0.   

KS made a motion to adjourn and GS seconded the motion.  The Board voted to adjourn 4-0 and the meeting was adjourned at 7:55 pm.  

Respectfully submitted,
Peggy Ammendola