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Planning Board Minutes, 03/10/2009
Town of Lenox
Planning Board
March 10, 2009
Land Use Meeting Room/Board of Selectmen Meeting Room

Members present: Chair Joe Kellogg, JK; Kate McNulty-Vaughan, KM-V; Steve Sample, SS; Ken Fowler, KF; Gary Schiff, GS;

Staff present:  Mary Albertson, Town Planner, MA; Peggy Ammendola, Land Use Clerk; PA

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

Approval Not Required Plans:  Mary Ann Corcoran of Hill Engineering presented an ANR for property owned by Nick Desantis and located on Melville Court.   Nick Desantis, the owner of Town and Country Properties, was also present.  Ms. Corcoran stated that Parcel A is being conveyed to Lot 4 in order to bring Lot 4 into compliance with the current minimum side yard setback requirement of 25 feet.  SS made a motion to approve the ANR as presented and KM-V seconded the motion.  The Board voted to approve 5-0.

Minutes:  KF made a motion to approve the minutes of February 24, 2009 and SS seconded the motion.  The Board voted to approve 4-0-1.  GS abstained as he was not present at this meeting.

Upper Housatonic ACEC – EPA Request:  JK stated that neither he nor SS would participate in this discussion as they both own property in the proposed ACEC.   It was noted that Eleanor Tillinghast, of Green Berkshires, has asked the Board to write a letter to the Massachusetts DCR opposing the EPA’s request to be exempt from the provisions of the ACEC.  After discussion, the Board decided to postpone any decision until additional information was provided.  

CPC Project Discussion - JK asked that Board members confirm their priorities for the use of CPA funds for FY10.  It was agreed that purchase of open space, specifically the Baczek property and support of the Sawmill Brook affordable housing project were the Board’s top priorities.  The CPC will be meeting on March 23, 2009 to vote on the projects.

Public hearing notices and decisions from abutting communities were reviewed.

The Board moved from the Land Use Meeting Room to the BOS Meeting Room for the Public Hearings.

Public Hearing – Open Space Flexible Development Protect.  At 7:00 pm, a public hearing was opened on a proposed amendment to the Zoning Bylaw which would replace the existing Open Space Residential Development bylaw with a new Open Space Flexible Development Overlay bylaw.  JK read the public hearing notice and gave a brief summary of the proposed bylaw and how it compares with the existing ORSD.  
There were approximately 12 citizens in attendance.

Jim Herrick said he objects to multifamily homes in the R1A zone and wants to maintain the neighborhoods as they currently exist.

Olga Weiss spoke in favor, stating that clustering was more efficient, and provided a sense of community.

Mary Jo Piretti expressed concern that this proposed bylaw would change the aesthetics in Lenox and would negatively impact the property values.  

KM-V made a motion to close the public hearing and KF seconded the motion.   The Board voted 5-0 to close the hearing at 7:35 pm.  

Public Hearing-Inclusionary Zoning Bylaw & Great Estates Bylaw  
At 7:36 pm, a public hearing was reopened on proposed amendments to the Zoning Bylaw which would change the existing Great Estates bylaw and add a new Inclusionary Zoning bylaw.  The hearing had been continued from February 10, 2009.  There were 19 citizens in attendance.

With regards to the proposed amendments to the Great Estates Bylaw, Attorney
Phillip Heller addressed the issue raised by some that this was spot zoning. He asked that an introductory paragraph be added to explain why the amendments are being proposed.  
George Jordan said he opposes the proposed changes and filed papers with the Board.   He stated that if the amendments are approved by the Town, he will appeal.

There was no comment from the citizens present on the Inclusionary Zoning bylaw.

SS made a motion to close the public hearing.  GS seconded the motion.  The Board voted 5-0 to close the public hearing at 7:49 pm.

The Board will hold a meeting on March 18, 2009 at 6:00 pm to prepare their recommendations regarding the proposed amendments.  The Special Town Meeting is scheduled for March 24, 2009 at 7:00 pm.

GS made a motion to adjourn at 7:50 pm.  SS seconded the motion and the Board voted 5-0 to adjourn.

Respectfully submitted,
Peggy Ammendola

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