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Planning Board Minutes, 05/13/2014
Town of Lenox
Planning Board
May 13, 2014
Landuse Meeting Room

Members present:  Chair Kate McNulty-Vaughan, KMV; Mark S. Smith, MS; Kameron Spaulding, KS; Tom Delasco, TD; Linda Messana, LM
Staff present: Peggy Ammendola, Land Use Clerk, PA

This was the first meeting for the newly elected members to the Planning Board, Linda Messana and Tom Delasco.  

Also present: Town Manager Chris Ketchen, CK

The meeting was called to order at 6:00 pm.

Approval Not Required Plans-There were none.

Lenox Historical Commission-Historic House Markers-KMV reminded the Board that on May 20, 2014, the Historic District Commission will be having a public hearing to determine whether Historic Building Marker Signs, given prior approval by the Historical Commission, may be excluded from review by the Historic District Commission.  At the Annual Town Meeting earlier this month, a zoning bylaw was passed which exempts the marker from being included in the square footage allowed for signs.   Markers on public property must be approved by the BSO.

Town Planner Job Description-KMV said that she has not yet received the job description that was in place when former Town Planner, Mary Albertson was hired.  She will follow up on her request to Mary Ellen Deming.  

There was lengthy discussion regarding filling the current vacant position of Town Planner. It appears some within the town government do not feel that a Town Planner is necessary.   LM commented that for many years the town did not have a Town Planner, but prior to the creation of the Town Planner position six or so years ago the Town utilized a consultant from Berkshire Regional Planning Commission for a few years.   She feels that it is too early for her to make a determination as to the necessity of a full time planner.  Other Board members who have worked under the direction of Town Planner Mary Albertson spoke of the value.  KMV stated that since Mary’s departure, questions continue to come in, that neither PA nor she can answer.  She provided examples.  CK asked the Board to let him know what they need in terms of support by May 28th so that he could incorporate in his overall management plan.   

Planning Board Reorganization and Liaison Assignments-The Board discussed the five committees in which the Board is to provide representation.  They are:
        Land Management Committee
        Historic District Commission*
        Community Preservation Committee
        Affordable Housing Committee and the Affordable Housing Trust
        Berkshire Regional Planning Commission
* Former Planning Board member Steve Sample held this position, but since his death, other Board members have rotated to meet that responsibility.  KS stated he would represent the Board at the next HDC meeting on May 20th.  

KMV made a motion to nominate KS as Chair of the Planning Board. TD seconded the motion and the Board voted to approve 5-0.  MS made a motion to nominate KMV as Vice Chair.  LM seconded the motion and the Board voted to approve 5-0.
        
Sign Bylaw Revisions- A substantial investment of time has been devoted to this, with the focus on re-writing the entire sign bylaw.  The Town of Lee has just approved a new sign bylaw, and KMV will call Jaimie Messana, an employee in Lee, to get a copy for the Board to review.  

Discussion Future Bylaw Changes-KMV said that she has spoken to Bill Thornton, Building Commissioner, who suggested some changes to the bylaw.  She also mentioned that the definitions and table need to be reviewed and in the near future the Board will be addressing zoning bylaws related to:
  • Medical marijuana
  • Solar
Sawmill Housing Project Update- KMV reviewed the history of this project, affordable housing, which is proposed on property located on Housatonic Street, across from Caligari’s Hardware.  Three years ago the Town bought this property, but because of the lack of state funding, the project has been idle.  That funding is now available, and Tim Geller, Executive Director of CDC of Southern Berkshire has a new set of investors.  At the request of Mr. Geller, KMV arranged a meeting which included, but not limited to, representatives from the Zoning Board of Appeals, Board of Selectmen, Planning Board, Conservation Commission, and the Community Preservation Commission, to put together the plan to purchase the property. To convey the property to the developer, a 2/3 vote at Town Meeting is required.  There wasn’t time to prepare to present this at this year’s Annual Town Meeting, therefore a Special Town Meeting must be called and it is felt that should occur before summer.  The developer needs money to do site control, and then the investors will begin to provide funding. KMV suggested that, because this project has been on the “back burner”, it should be reintroduced to the citizens prior to the STM.  It is suggested that this matter be placed on the BOS May 28, 2014 agenda.

This is regarded as a “friendly” Massachusetts Comprehensive Permit Act: Chapter 40B project.  Forty percent of the housing would be deed restricted, and the purchasers would be 80% of median income level.  The other units would sell at market rate.  The affordable units would add to the necessary ten percent of affordable housing stock to avoid an “unfriendly” Chapter 40 B project.  The present inventory of affordable housing is between seven and eight percent.  

KS made a motion to request that the BOS bring this forward at a Special Town Meeting.  MS seconded the motion and the Board voted to approve 5-0.  

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

Reviewed Correspondence from Abutting Communities.

Open Session-
Remote Participation:
KMV advised the Board that the Board of Selectmen have discussed remote participation, whereby a board or committee member can participate when they are not able to be present at a meeting provided there is a quorum at the meeting location.   This is allowed in the Open Meeting Law, and if the BOS votes to approve, through audio or video hook-up, the absent member can take part in a meeting.  Currently a remote participant is not allowed to vote.  KMV asked the members to think about as the Board may decide to make a recommendation to the BOS.

Department of Housing and Community Development:
A letter dated May 6, 2014 was received regarding the Subsidized Housing Inventory Biennial Update and the DHCD’s request for the Town to update the Town’s inventory of affordable housing.  DHCD uses this information to compile percentages of low and moderate income housing for the purposes of MGL Chapter 40B.  

Approve Minutes-
April 8, 2014-MS made a motion to approve the minutes and KS seconded the motion.  The Board voted to approve 3-0-2, with LM and TD abstaining as they were not on the Board on that date.
April 22, 2014-MS made a motion to approve the minutes with edits.  KS seconded the motion and the Board voted to approve 3-0-2 with LM and TD abstaining as they were not on the Board on that date.  

The meeting was adjourned at 8:25 pm.

Respectfully submitted,
Peggy Ammendola