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Lenox Planners OK Solar Bylaw Language; Public Hearing Set Tuesday
By Stephanie Salvini, Special to iBerkshires
03:53PM / Monday, March 23, 2015
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Lenox will hold a public hearing on Tuesday evening on a proposed bylaw to regulate commercial solar arrays.

LENOX, Mass. — The Planning Board approved language for a proposed bylaw concerning solar panel installations on Thursday, and further discussed potential changes to commercial parking and loading regulations in the downtown area.

Board members combed through the bylaw that would regulate the installation, maintenance and the social/environmental impact of Large-Scale Ground-Mounted (LSGM) solar photovoltaic installations.  

The town of Adams recently approved a similar bylaw; in fact, Lenox's is modeled after Adams' — which Lenox Chairman Kameron Spaulding called "pretty standard practice."

Modifications to the Lenox bylaw were mostly grammatical, with one crucial wording change: the necessary switch from quoting the National Electric Code to the Massachusetts Electric Code. Though minor, town counsel felt in earlier talks that these changes were "more precise."

LSGM installations cited in the bylaw were for commercial use only (250 kW and above). The structures would be mounted on the ground as opposed to on roofs, and will only be allowed in specifically designated residential, commercial, and industrial districts.

The approved bylaw outlines mandatory procedures for initial installation such as obtaining a building permit, preparing all site plans and maps through a state-licensed professional engineer and/or professional land surveyor, and informing the Zoning Board of Appeals of electrical grid compliance and all emergency contact information.

Land Use Director and Town Planner Gwen Miller reassured board members that they were mostly looking for any detail that would "change the footprint of the project," as opposed to major overhauls.

Approved mandates for installation maintenance include submitting a plan to the fire chief, following land clearing procedures without the use of herbicides, and obtaining approval from the ZBA for any material modification.

The bylaw also requires installation project owners to provide an official form of surety to the ZBA to cover any cost of removal should the LSGM solar installation be abandoned or need to be removed by the town.

A public hearing is scheduled for Tuesday, March 24, at 6 p.m. in Town Hall's Land Use Meeting Room. The public is encouraged to view the bylaw on the town website or in the clerk's office.

"We spent a lot of time going through it," said board member Kate McNulty-Vaughan.

In addition to approving the solar installation bylaw, board members discussed proposed changes to parking and loading regulations in the Historic District of Lenox.

Miller emphasized that the town "would be benefiting from new language" as pertaining to current regulations.

The board questioned whether it was time to rezone the commercial district, and whether it would do more harm than good. As it stands, pointed out Spaulding, "no one in the historic district meets [the loading requirements] right now."

A proposed amendment to the current zoning bylaw would waive the parking and loading requirements for new or changed uses within the "mixed-use centers of Lenox."

The amendment would not include Lenox Dale, because it isn't a "walkable downtown area," according to Spaulding.

Parking discussions are very subjective at this point, said board members, but topics up for consideration included adopting Great Barrington's similar and successful parking bylaw and possibly postponing any changes to allow for a "parking study" during Lenox's peak summer season.

The Planning Board, the Land Use Department, and the ZBA would then all be able to see what "the intensity of [parking requirements in peak season] would be," suggested Miller. It may be that requirements are amended or waived based on seasonal traffic, instead of being instated year-round.

Detailed amendments such as bigger, more visible parking signs and "greener" updates to parking structures would then be put on the agenda.

The Board of Selectmen was also discussing the parking issue on Thursday evening, and was anticipating a decision from the planners.

"What makes this interesting," said Spaulding, "is that there's a clock on us."

Although the general consensus is to adopt a wait-and-see approach to changing parking and loading requirements, McNulty-Vaughan cautioned the board to "put bells and whistles on this. [It's] going to be a big change."

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