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Approved
Stockbridge Zoning Board of Appeals
Meeting

June 5, 2001

Present: William Selke; Ira Bender; Jack Spencer; William Harris; Linda Day

Following a 5:00 P.M. site visit, the meeting was brought to order at 7:33 P.M. by Chairman William Selke. This meeting was a continuation of the March 29,2001 hearing regarding the variance application appealed to the Board by Voicestream to permit a wireless telecommunications tower constructed outside of the Overlay District.

Mr. Selke received a letter from Neva Kaufman Rohn to Attorney Simon J. Brighenti who represents Voicestream. Mr. Selke also received a June 4, 2001 letter from Stockbridge town counsel J. Raymond Miyares. Both letters pertained to frontage requirements of the proposed 11-A East Street site for the construction of a cell tower. Copies were given to the Board and Mr. Brighenti.

Mr. Brighenti indicated two issues: frontage and accessory use. He indicated that Mr. Miyares letter informed the Board that accessory use was not in question. The issue of frontage could be resolved if the two lots, Map 27, Lots 52 and 54, which are adjacent and in common ownership, were merged. Mr. Brighenti stated that the difference in opinion was whether or not the actual property lines of these lots would have to be legally "erased" to create the required frontage.

Mr. Brighenti noted that the zoning by-laws were changed at the Stockbridge annual meeting thereby instituting a "safety valve" allowing a site to be constructed outside the overlay district. Voicestream could address the Stockbridge selectmen requesting a special permit. However, their approval would be discretionary.

Voicestream and Mr. Brighenti need time, perhaps 2-3 weeks, to review Mr. Miyares letter. Voicestream might withdraw its application to the Zoning Board of Appeals but Mr. Brighenti wanted to listen to any comments or answer any questions resulting from the site visit by the Board.

Mr .Spencer asked Mr. Brighenti why no decision on how to proceed had been made given the fact that Voicestream was aware of the zoning change made at the town meeting. Mr. Brighenti responded that the legal department of Voicestream disagrees on whether to seek a special permit or remain with the Zoning Board of Appeals process. Time was needed to consider any reaction following the site visit.

Mr. Brighenti requested that there be no vote taken at this meeting. He requested a continuance of the public hearing until the end of the month.

A motion was made by Jack Spencer and seconded by Ira Bender to continue the public hearing as requested by Mr. Brighenti. Motion carried.

Mr. John Hart of the Stockbridge Conservation Commission showed the Board two photos, one of Manatouk Heights and the other from Donald Oakes backyard. Mr. Hart asked Mr. Brighenti if he could take these photos and simulate the view with the cell tower in place. Mr. Brightenti indicated this would be possible.

Mr. Hart believed that the visual impact of the tower would have a negative financial impact on the value of surrounding properties. Mr. Oakes had contacted a firm that said objectionable buildings and utilities do diminish property values. Furthermore, Mr. Oakes noted that the application was for construction of a cell tower in a residential zone not a commercial zone or in the overlay district. If the Board approves this, Mr. Oakes felt this would impact the integrity of the residential district zoning by-laws. 

Mr. Brighenti has heard conflicting reports on the impact of cell towers on property values. He reviewed that the new zoning permits towers outside the overlay district if none of the properties in the overlay district are feasible. This is permitted by requesting that the Selectmen grant a special permit.

Mr. Brighenti will contact the Board regarding Voicestram's decision to continue the hearing and the ZBA process or whether Voicestream will withdraw its application.

The meeting ended at 8:45 P.M.

Respectfully submitted,
Linda B. Day