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Town of Lenox, MA

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Planning Board Public Hearing Notice
Town of Lenox, Massachusetts
Planning Board
Notice of Public Hearing

The Planning Board will hold a public hearing pursuant to M.G.L. Chapter 40A, Section 5 on Tuesday, March 29, 2011 at 6:30 P.M. at the Lenox Town Hall, 6 Walker Street, Lenox, MA. The purpose of the public hearing is to provide interested parties with the opportunity to comment on the following proposed amendments to the Zoning Bylaws:

Item 1 – Outdoor Dining.   Delete Section 6.3 Outdoor Dining in its entirety.  
Item 2 – Garages, Accessory Buildings, and Structures in Residential Districts.  A) Delete Footnote (6) from Section 4.1.1 Table of Dimensional Requirements and replace therewith the following:  “(6) In the residential zoning districts, one accessory building or one detached garage is allowed on a lot with insufficient area which complies with all current street and lot line setbacks, frontage and setback between building requirements. In the event that the Building Commissioner determines there is not compliance with street or lot line setbacks, frontage or setback between building requirements the Zoning Board of Appeals may grant a Special Permit for the reduction of these requirements provided that the accessory building or detached garage does not exceed 20 feet in height.“ B)  Delete the paragraph entitled Garage, private from Section 10. Definitions and replace therewith the following:  “Garage, private:  An attached or detached structure used exclusively for parking and storage of motor vehicles and owned or operated by residents of nearby dwellings units, not operated for commercial purposes and not available to the general public.”
Item 3 – Structures.  Add the following Footnote (7) to Section 4.1.1 Table of Dimensional Requirements:  “(7) In the residential zoning districts, a structure is allowed on a lot with insufficient area which complies with the street line setback, lot line setback and frontage requirements.  In the event that the Building Commissioner determines there is not compliance with street line setback, lot line setback or frontage requirements, the Zoning Board of appeals may grant a special permit for the reduction of these requirements.”
Item 4 – Signs on Public Land – A) Remove the phrase “after review by the Planning Board” from Section 5.2.1.1., Signs General ; and B) Remove the phrase “after review by the Planning Board” from Section 5.2.4.5., Signs in All Districts.  
Item 5 - Customary Home Occupation – A)  Delete the following language at the end of the first sentence contained in the paragraph entitled Customary Home Occupation:  in Section 10, Definitions:
“such as dressmaking, preserving or home cooking, real estate agent, attorney, photographer, the giving of private music and dance lessons, or a one-chair beauty parlor”.  B)  Add the following language at the end of the paragraph entitled Customary Home Occupation: in Section 10 Definitions:
“(See Section 3.1.H.9 for those uses requiring a Special Permit)”.
Item 6 – Accessory Uses - Delete the word “storage” and replace it with the word “structure” in Subsection H.5 of Table 3.1- Use Regulations.  
Item 7 – Reconstruction after Catastrophe or Demolition – A) Delete the following phrase from Subsection 2 of Section 3.3.7 Reconstruction after Catastrophe or Demolition:  “, and shall meet all applicable requirements for yards, setback, and height”.  B)  Delete Subsection 3 of Section 3.3.7 Reconstruction after Catastrophe or Demolition in its entirety and replace therewith the following new language:  

“In the event that the proposed reconstruction after demolition would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) exceed applicable requirements for yards, setback, and/or height or (c) cause the structure to be located other than on the original footprint, a special permit shall be required from the Board of Appeals prior to demolition.”  C)   Add the following new Subsection 4 to Section 3.3.7 Reconstruction after Catastrophe or Demolition:  4. In the event of a bona fide catastrophe, one may apply for a special permit from the Board of Appeals to allow for reconstruction that would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) exceed applicable requirements for yards, setback, and/or height or (c) cause the structure to be located other than on the original footprint.  One must apply for the special permit within 24 months of the date of the catastrophe.”

These items may be renumbered on the warrant at annual or special town meeting.

A copy of the proposed changes is on file and may be inspected in the Town Clerk’s office. Any person interested, or wishing to be heard, should appear at the time and place designated. If unable to attend please submit comments in writing to the Planning Board, 6 Walker Street, Lenox, MA 01240.

Joseph A. Kellogg
Chairman



 
Lenox Town Hall  6 Walker Street, Lenox, MA 01240   PH: (413) 637-5500