Town of Lenox
Planning Board
September 2, 2014 at 7pm
Land Use Meeting Room, Town Hall
Members present: Chair Kameron Spaulding, KS; Tom Delasco, TD; Kate McNulty-Vaughan, KMV; Linda Messana, LM; Mark S. Smith, MS
Staff present: (Clerk P. Ammendola out sick)
BOS Liaison present: Ken Fowler
Meeting Documents: revised copy of LSGM Solar Bylaw (August 28, 2014 version); 9-2-14 Meeting Agenda;
Zoning bylaw Dimensional Table 4.1.1 and parcel Map (signed ANR 1985; Registry of Deeds Book 417-L, Page 159)
The meeting was called to order at 7:00 pm.
Approval Not Required Plans: No plans presented
Building Inspection questions needing clarification:
Chair Spaulding had invited Building Inspector Bill Thornton to attend for discussion of several questions that have arisen over interpretations of sections of the Zoning Bylaw. Mr. Thornton was looking for clarification, input, or some guidance in his response, as follows:
- Mr. Thornton directed the Board to the Dimensional Table 4.1.1 and a so-called “grandfathered” lot situation. He had encountered conflicting views (landowner’s attorney, Town Counsel, etc.) of the intent of additional footnotes (Footnotes 6 and 7) added to the Table at the Annual Town Meeting in 2011. The question involved interpretations of the terms “building” and “structure” and what would be allowed to be constructed on a property. While Mr. Thornton indicated that this particular case had been resolved, the questions were likely to be raised again with respect to “accessory buildings” and “garages” in the former R-20,-30, -40 lot size district affected by the zone change to R-1A (1 acre minimum lot size).
- Another question focused on Footnote 6 and discrepancy between setback requirements (4.1.3) and whether garages were or were not exempted from meeting the requirement in the Table.
- Also needing clarification was whether a parcel with an ANR approval from 1985 on West Mountain Rd. showing frontage on a ROW which provided a “pork chop” or back lot access (by former bylaw standards since changed) would still be recognized as a buildable parcel or whether the parcel was technically landlocked. The Board suggested that whether the 1985 ANR is still viable and lot “buildable” needed a legal opinion from Town Counsel, rather than advice from the Planning Board.
Solar Bylaw:
The Board continued its careful review of additions and edits to the August 28 Lenox version of the Model As-of-Right Zoning Bylaw: Allowing Use of Large-Scale Ground-Mounted Solar Photovoltaic Installations. Site Plan Review documents and requirements from the original Model and the Town of Raynham were compared. KMV will take a look at current zoning Site Plan Review requirements, and continue updating the Solar Bylaw based on meeting input.
Town Planner Update:
KS indicated that many resumes were received, about 13 passed the initial review, and Town Manager Ketchen is enlisting a committee of volunteers (ZBA, PB and BOS members) to participate in the interview process in an advisory capacity. Planning Board members were asked to come up with questions for the 4 applicants. The interviews are expected to take place on or around September 15th.
Approval of the Minutes: Minutes from the August 12, 2014 were postponed to the next meeting.
Correspondence from Abutting Communities: no correspondence
Following a motion from MS, seconded by LM, and an affirmative vote (5-0), the meeting was adjourned at 9:35pm.
Respectfully submitted,
Kate McNulty-Vaughan
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