Town of Lenox
Planning Board
October 8, 2013
Land Use Meeting Room
Members present: Chair Kate McNulty-Vaughan, KMV; Mark S. Smith, M Kameron Spaulding, KS; Gary Schiff, GS
Absent with notification: Steve Sample, SS
Staff present: Peggy Ammendola, Land Use Clerk, PA; Mary Albertson, Town Planner, MA
Approval Not Required Plans-Map 44 Parcel 22, 57 Tucker St, property owned by Mary Syriac. Presenting the Form A was Patrick McColgan, a surveyor with Taconic Consultants. Ms. Syriac seeks to reconfigure her lot and the property identified as Map 44 Parcel 23, 63 Tucker St. owned by James Hurley Jr.
MS made a motion to accept the Form A as presented. KS seconded the motion and the Board voted to approve 4-0.
Continued Discussion - Sign Regulations-KMVsaid that she, MA and MS were unable to meet so there was nothing to report.
Update on the Open Space and Recreation Plan-MA said this committee met last week. This is a temporary committee which is phasing out and it is hoped that a committee with representatives from various boards/commissions that would come together to meet and advise regarding Town owned land and to look at potential land purchases. The Conservation Commission has concerns regarding the formation of another committee as they already are the statutory authority for open space enforcement. It is understood that the Board of Selectmen and the Conservation Commission will be meeting to discuss this matter. KMV feels that until something is resolved, this leaves the potential new committee in limbo.
Continued Discussion-Medical Marijuana Moratorium and Solar Bylaw-
Medical Marijuana-After a review it was agreed that there were no other language changes to be made. KS made a motion to approve the Medical Marijuana Moratorium. MS seconded the motion and the Board voted to approve 4-0.
Before this can be brought to a Town Meeting, a Public Hearing must be held
Solar Bylaw-MA has spoken with Town Assessor Jim Sorrentino and Bob Mazur, an assessor for the Town’s vendor Paul Kapinos, regarding solar system’s affect on land evaluation. Mr. Mazur said there is a special provision that solar panels are not taxed. MA said it doesn’t look like such systems will add to the tax base.
MA asked the Board if they want to have this solar bylaw and if so in what zones. She reminded them that zoning enabling legislation gives certain uses special exemptions and solar is one. (MGL, Chapter 40 A, Section 3) Solar is allowed anywhere, except for regulations pertaining to health safety and welfare; therefore one would have make a case to regulate solar.
After considerable discussion, the consensus was to allow stand-alone – ground mounted solar installations by right in the Industrial zone and by special permit in the C1A and C3A (Not C.) and not permitted in residential zones. It was also agreed to change the language from “promote” to “allow”.
KMV asked the Board to read this model bylaw through to see if anything is missing, if any other language needs to be changed.
Discuss Economic Development-Discussion was tabled.
Review Correspondence from Abutting Communities & BRPC-MS told the Board that he attended a meeting at BRPC a couple of weeks ago and there will be a special meeting this Thursday at BRPC regarding the remaining cleanup of the Housatonic River. An inter-municipal agreement involving six towns is being finalized and MS said that he will be voting in favor. He has been told by Acting Co-Town Manager, Jeff Vincent, that the BOS are in agreement. Within the agreement is to hire one attorney to represent the six communities in going forward with General Electric.
Upcoming events at BRPC:
Oct 18th-Community forum on housing.
Third Thursday-October 31st
BRPC Annual Dinner–Thursday–October 17, 2013
Minutes-September 24, 2013-GS made a motion to approve the minutes as amended. KS seconded the motion and the Board voted to approve 3-0-1. MS abstained as he was not at that meeting.
GS made a motion to adjourn. MS seconded the motion and the Board voted to adjourn at 7:30 pm.
Respectfully submitted,
Peggy Ammendola
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