Town of Lenox
Planning Board
April 8, 2014
Landuse Meeting Room
Members present: Chair Kate McNulty-Vaughan, KMV; Mark S. Smith, MS; Kameron Spaulding, KS
Staff present: Peggy Ammendola, Land Use Clerk, PA
Also present was Selectman Channing Gibson, Phil Knowles and Jim Biancola.
Approval Not Required Plans-There was nothing.
Planning Board Representative to Historic District Commission-KMV said that until we have the Town Election when it is anticipated there will be another member, the Board members will continue to rotate.
Alternate Representative to Berkshire Regional Planning-There is a need to replace former Board member Gary Schiff. MS will remain the representative, but until there are more members and the Board is re-organized after the Annual Town Meeting, there will not be an alternate. MS will advise the Board if he is unable to attend, but there needs to be an official alternate, who can vote, but only if the delegate is not there.
Sign Bylaw Revisions-KMV suggested the Board continue with this effort, but wait a month and then regroup in terms of a subcommittee.
During the discussion of this topic, questions were raised on how quickly the Board could expect a replacement for former Town Planner, Mary Albertson. CG said that the new Town Manager, Chris Ketchen, will be addressing this as soon as possible. He also said that Mr. Ketchen would want the Board’s input. CG asked the Board to think about the position, i.e., how to utilize this individual and suggested to include an economic development component into the description of the position. He said the Board should be very clear on what it needs and what the opportunity could be. KMV said that she plans to speak to the new Town Manager tomorrow and that the Board should have this matter on their agenda.
Medical Marijuana-Within the Commonwealth, this issue is mired in controversy. KS will research some municipal bylaws and report back to the Board. The Board will then review and return to this project in the fall.
Public Hearing to discuss Planning Board warrant articles-KS made a motion to open the public hearing to discuss the articles. MS seconded the motion and the Board voted to agree 3-0.
KMV advised all that the hearing was for discussion and public input.
The Notice was read aloud and then each item was discussed.
Item 1 – Amend Section 5.2.4 Signs in All Districts by adding the following:
7. All Historic Building Markers approved by the Historical Commission. Markers for public buildings must also be approved by the Board of Selectmen and Markers within the Historic District must also be approved by the Historic District Commission.
Mr. Biancola said that the wording is fine. He reflected on the Historic District Commission meeting of March 18th which he attended and said it had not gone very well, but reported that since then progress has been made. He provided a three page hand-out related to that meeting and the historic markers project. He said that the HDC is holding a Public Hearing on the subject of Certificates of Appropriate-ness for the markers and a Certificate of Non-Applicability. Page three of the handout was an excerpt from the Hingham Zoning By-Law which excludes the HDC from reviewing markers. For the purposes of this warrant article, Mr. Biancola had no comments relative to the wording. Mr. Biancola was invited to return to the Planning Board prior to both the Annual Town
Meeting and the HDC public hearing which is slated to be April 22nd and May 20th respectively.
The Board discussed the possibility of using another word in place of approved, but felt that as written the language was sufficiently broad, therefore no changes were suggested.
Item 2 – Amend Section 3.3.5 Nonconforming Single and Two Family Residential Structures by deleting the term “habitable floor area” and replacing it with “gross floor area”.
MS met with Building Commissioner, Bill Thornton, to get his opinion. There is no definition for “habitable” in the zoning bylaw, so one falls back to the Building Code. Mr. Thornton told MS that he thought it was a poor idea to reference the Building Code in the zoning bylaw. The intention of this bylaw is to have a maximum amount of floor area. Habitable is vague as it does not include halls, bath rooms, closets or storage area. A word search of the bylaw indicated that there are five references to “habitable”. Mr. Thornton felt that it would be “OK” to amend this section, but not the others.
Item 3 – Amend Section 5.1.8 Parking Design Standards by removing the following sentence: “The following standards shall apply to all parking facilities.” The following sentence shall be added in its place: “The following standards shall apply to all parking areas except those for one and two family dwellings.”
MS spoke with Mr. Thornton on this item who approves of this amendment.
Item 4 – Amend the Zoning Map to show that the property located on Pittsfield Road identified as Lenox Assessors Map 27 – Lot 51 is zoned C-1A.
KMV said that at the Town Meeting in 2008 the zoning change was approved, but the zoning map must be approved.
MS made a motion to close the public hearing. KS seconded the motion and the Board voted to agree 3-0.
KMV advised the Board that in speaking with Mary Ellen Deming in the Town Manager’s office, the Board needs to vote to recommend the articles to the public and then add to the warrant.
KS made a motion to approve items one through four to be recommended by the Planning Board. MS seconded the motion. CG said that the wording “approved” is used to indicate support of the articles. KS made a motion to amend his motion read: To approve items one through four to be to approved or recommended or whatever word the Town uses. MS seconded the motion and the Board voted to agree 3-0. KMV will communicate with Mary Ellen Deming the outcome of the Public Hearing.
Planning Board Recommendation to Town Boards and Commissions- There were none.
Reviewed Correspondence from Abutting Communities
Approve Minutes-March 11, 2014-MS made a motion to approve the minutes and KS seconded the motion. The Board voted to approve 3-0.
Open Session- MS advised the Board that the Building Commissioner agrees that flagpoles should be addressed in the zoning bylaw.
KS made a motion to adjourn and MS seconded the motion. The Board voted to agree 3-0 and the meeting was adjourned at 7:08 pm.
Respectfully submitted,
Peggy Ammendola
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