Town of Lenox
July 28, 2009
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Ken Fowler, KF; Kate McNulty-Vaughan, KMV; Steve Sample, SS; Gary Schiff, GS
Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, Land Use Clerk, PA
The meeting was called to order at 6:05 pm.
Discuss Attorney General’s Approval: It was noted that the Attorney General has approved all of the zoning amendments passed at the March 24, 2009 Special Town Meeting. The Board expressed their pleasure with the AG’s approval. Discussion ensued regarding future amendments and JK stated that he would like to add consideration of eliminating use variances to the list of amendments to study.
Continued Discussion - Section 6.7 Religious and Educational Uses: MA stated that she has finally received the book on RLLUPA. She highlighted a few sections which were discussed briefly among the members. JK asked MA to seek comments on the Mass Planners List Serve as to what other communities have done regarding the development of a zoning amendment to deal with impacts of assembly uses, regardless of whether they are religious or educational.
Approval Not Required Plans:
Macalin Realty Trust – Off Martha Lane. Following an initial review of this application at the last meeting, the Board agreed to conduct a site visit prior to tonight’s meeting. All Board members attended, with the exception of GS. Rob Akroyd of Greylock Design Associates, and Attorney Mitch Greenwald, Trustee, were also present. At issue was the fact that there is not a road presently existing in a condition which would provide adequate access to the lots. It was noted that the private way, Chestnut Lane, was in existence prior to adoption of the Subdivision Control Law, and the Form A application was being made under the provisions of MGL, Chapter 41, Section 81L(c), which allows a Form A to be granted if, in the opinion of the Board, the way has suitable grades and adequate
construction to provide for the needs of vehicular traffic in relation to the proposed use and for the installation of municipal services to serve such use. Discussion ensued regarding whether the Board could issue an approval which would be conditioned on the actual construction of the road to a certain specification and whether this conditioned approval could be recorded at the Registry of Deeds. Mr. Akroyd and Mr. Greenwald requested that they be allowed to withdraw the application in order to provide them time to research the matter. KF made a motion to allow the withdrawal of the Form A application without prejudice and SS seconded the motion. The Board voted 5-0 to approve.
Minutes: KF made a motion to approve the minutes of July 14, 2009 and SS seconded the motion. The Board voted 4-0-1 to approve with GS abstaining as he was not present at that meeting.
Public hearing notices and decisions from abutting communities and Lenox were reviewed.
KF made a motion to adjourn at 6:55 pm. KM-V seconded the motion and the Board voted 5-0 to adjourn.