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Planning Board Minutes, 08/12/2014
Town of Lenox
Planning Board
August 12, 2014
Landuse Meeting Room

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

Also present were: Scott Barrow and Barney and Julie Edmonds

The meeting was called to order at 6:00 pm

Approval Not Required Plans-
Daniel and Paula Almgren, Map 43 Parcel 14, 1 West St.  Presenting the Form A was Patrick McColgan.  The Almgrens are proposing to buy 5096 square feet of property from Robert Smith of 17 West Street.  On the plan presented, Robert Smith owns Lots 2 and 3 and will convey Lot 3 to the Almgrens whose property is identified as Lot 1 on the plan. Mr. Smith will then have 1.4 acres and Lot 1 and 3 combined will be over 2 acres.  LM made a motion to approve the Form A as presented and KMV seconded the motion.  The Board voted to approve 4-0.

Solar Bylaw-The Board reviewed the Model As-of-Right Zoning Bylaw: Allowing Use of Large-Scale Ground-Mounted Solar Photovoltaic Installations, prepared by the Department of Energy Resources, Massachusetts Executive Office of Environmental Affairs, March 2012  Lenox Bylaw latest version (August 12, 2014).  

KMV said that in this document she has made most of the changes and has added more questions.  This latest version does not include TD revisions. TD pointed out his recent changes and the Board discussed.

KMV said that since the Town is planning on having its own solar, the Board needs to keep that in mind as they work on the document.  Limitations of power generated were discussed, but not to be restrictively low or limit what the opportunities are for the Town of Lenox and providing its needs for the government facilities.  

KMV will combine this document and TD’s document and then provide that version to the Board.  Once they are all satisfied with this document, the Board would like to send to individuals and groups who would/should have input to review and discuss.  Suggestions included, but not limited to, Building Inspector, Conservation Commission, Environmental Committee, Board of Selectmen, Fire and Safety.  KMV feels that this matter should be put on the BOS agenda so that they can be updated.

The goal is to get this project finished before starting on crafting a bylaw for smaller arrays.  

The criteria for  the Green Community Designation should be reviewed to make sure that the bylaw meets the requirements.  

Zoning Changes-KS said that there is money left over in the Planning Board budget from last year due to the fact the Town Planner retired.  With the excess funds, it is felt that it would be wise to contract a firm which works specifically on cleaning up zoning bylaws.   The Board wants to develop a list of areas which need to be addressed.  KMV stated that there is a need for an up-to-date zoning map.  KMV provided a list she has composed of items which need to be addressed for zoning bylaw changes.  Some of those mentioned were parking, footnotes, curb cuts, flag poles, definitions, signs, use table, home occupations, site plan review (There is no reference to the Planning Board in that section of the zoning bylaw.), Section 6.7 which addresses educational and religious uses, Great Estate Zoning Bylaw, infrastructure. The parking and the current Table of Uses were felt to be a higher priority.  KS said that each member should work on a portion and then have a professional work it into the zoning bylaw and think about what kind of firm that should be hired.  It was suggested that the Town Manager be invited to a meeting to explain what there is to work with.   

Town Planner Update-This position has been posted and there have been some responses.  For interviews it is expected that there will be a group made up of ZBA, PB and BOS members in addition to the Town Manager.

BRPC Update-There was nothing to report.  There is a meeting on August 22 in Lee regarding the vacant paper mills and the Board was encouraged to participate.  KMV said that she, TD, and MS recently attended a training session at BRPC on “Roles and Responsibilities” of Planning Boards.

ELM Court Update-This project is currently before the Stockbridge Board of Selectmen, and if approved will be coming before the Lenox Zoning Board of Appeals. The next meeting of the Stockbridge BOS is on September 8, 2014 at 7:00 pm.  

An application has not been filed in Lenox.

Scott Barrow asked if Lenox is required to allow the developers of the Elm Court proposal to tie into the Lenox sewer systems.  KS responded that it is not a requirement, but that would be decided if and when a petition is presented to the Lenox ZBA, and until something is filed, Lenox has no oversight.  KS added that should a petition be filed in Lenox, the Planning Board could offer an advisory opinion or comment.  

Barney Edmonds asked about the duration of the process should a petition be filed with the Lenox ZBA.  KS responded that he has seen decisions rendered anywhere from 20 minutes to 18 months.    

Approval of the Minutes-July 14, 2014 TD as amended, KMV seconded, 3-0-1 (LM abstained).  

Reviewed Correspondence from Abutting Communities

The meeting was adjourned at 7:30 pm.

Respectfully submitted,
Peggy Ammendola