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Planning Board Minutes, 06/10/2014
 Town of Lenox
Planning Board
June 10, 2014
Landuse Meeting Room

Members present:  Chair Kameron Spaulding, KS; Kate McNulty-Vaughan, KMV; Mark S. Smith, MS; Tom Delasco, TD
Absent with notification: Linda Messana, LM
Staff present: Peggy Ammendola, Land Use Clerk, PA
The meeting was called to order at 6:00 pm

Approval Not Required Plans
Jane B. Butler Revocable Trust, 90 East Street, Map 8 Parcel 197.  The Form A was presented by Kelly Funk of Berkshire Geo-Technologies of Monterey, MA.  She represents Carolyn Butler of 90 East Street whose mother owns the property.  This is a transfer of land.   The Board reviewed and determined there is adequate acreage, adequate frontage and road access.  

MS made a motion to approve the plan as presented.  TD seconded the motion and the Board voted to approve 4-0.

Saw Mill Brook-Special Town Meeting-KMV advised the Board that there will be a Special Town Meeting on June 24, 2014 and encouraged members to get the word out to have good participation.  She is looking for support from other interested committees.  In order to pass, a 2/3 vote is necessary.

TD sought clarification on the wording of the warrant.  KMV explained and reviewed the history of this project.  If approved at Town Meeting, the project can move forward as the developer will do more pre-development and get financing in place.   Article 1 reads as follows:

To see if the Town will vote to grant to the Community Development Corporation of South Berkshire, Inc. an option, for the sum of $1.00, for a period of three (3) years, which may be extended for an additional two (2) years, in the discretion of the Board of Selectmen, to purchase the parcel of land known as the Bartoni property located at the corner of Housatonic Street and Route 7 in Lenox, Massachusetts, described in a deed recorded with the Berkshire Middle District Registry of Deeds in Book 4809, Page 204, for a purchase price of  $600,000.00, exercisable on a 120-day notice at any time after the Community Development Corporation of South Berkshires, Inc., receives a commitment for financing an affordable ownership housing project, as described in the Developer Designation Agreement between the Town of Lenox and the Community Development Corporation of South Berkshire, Inc. dated September 14, 2011, a copy of which is on file in the Town Clerk’s Office, and available for public inspection; or take any other action in relation thereto.  

Solar By-Right Bylaw-Members reviewed and discussed new changes they have made to the last draft which was provided at the May 27th meeting.  TD  said that he has done some online research into other communities who have solar bylaws.  He felt that the Town of Raynham had a better outline of required documents than the model the Board has been using, which is the Model As-of-Right Zoning Bylaw: Allowing Use of Large-Scale Ground-Mounted Solar Photovoltaic Installations prepared by the Department of Energy Resources (March 2012).

Considerable discussion took place regarding, but not limited to, site plan review, the danger of over-regulating, Green Community, industrial district, and the need to have a solar bylaw in place. KS will find information regarding Green Community and forward to the others.  TD said he has some other changes and additions he would like to incorporate and will send them to KS.  Others were encouraged to do the same.  KMV will incorporate the changes agreed to tonight into the working draft and will bring her lap top to the next meeting.  

KMV reminded members that in order to avoid open collaborative conversations outside of a meeting, members should not discuss business in emails and should not  “reply all”.

Once the Board is satisfied with a final draft, MS suggested it be reviewed by the Building Commissioner, Bill Thornton, and the ZBA.  KMV felt it would be beneficial to ask Gary Schiff, a former Board member, to review as well.  

Parking Requirements Subcommittee-KS said that parking is becoming an issue, and that a number of aspects need to be reviewed including the number of spots required for a restaurant and how outdoor dining affects parking spots.  KS and TD will serve on this committee.  KS said that outdoor dining problems and residential parking will be separate.  He has discussed with the Building Commissioner who has a number of ideas.  

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

Reviewed Correspondence from Abutting Communities

Approve Minutes-May 27, 2014 TD made a motion to approve the minutes as amended and KMV seconded the motion.  The Board voted to approve 4-0.

Open Session
Route 7 & 20 Corridor-MS said that he has spoken to C.J. Hoss regarding this project that is in collaboration with the City of Pittsfield.  He was told that Pittsfield is in the process of re-writing their entire zoning bylaw and are not inclined to proceed at this point.  Discussion ensued on possibility of Lenox going solo with the creation of an overlay from the town line south to New Lenox Road.  It was decided to put this on the agenda for late July.  
Town Planner-In regards to whether or not a replacement will be hired to fill the vacancy, the Town Manager has formulated a plan that will be given to the Board of Selectmen on June 11, 2014, but the plan will not be made public at this time. It is expected that a decision will be forthcoming by the end of July.  

MS made a motion to adjourn and TD seconded the motion.   The Board voted 4-0 to agree and the meeting was adjourned at 7:30 pm.

Respectfully submitted,
Peggy Ammendola