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		<subject index="0" >September 5, 2002</subject>

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Unapproved
Zoning Board of Appeals Meeting
Stockbridge, Massachusetts

September 5, 2002

Present: John Spencer, William Harris, Ira Bender, William Selke, Linda Day

John Spencer , Chairperson, opened the meeting at 7:00P.M. 

The Board reviewed and discussed the opinion letter dated September 4, 2002 from town counsel J. Raymond Miyares. This was in regard to the Appeal of Kathleen Keresey, applicant, for Gary Simanson, owner of property at 35 Church Street, Stockbridge, who received a letter dated July 17, 2002, from Building Inspector Ned Baldwin. Mr. Baldwin found the applicant in violation of Section 4.11.A.18 of the Town of Stockbridge Zoning Bylaws through use of the property at 35 Church Street as a "Bed and Breakfast" without a special permit to do so.

A motion was made by William Selke and seconded by William Harris to uphold the building inspector's finding that Gary Simanson is not a resident owner, and therefore, as he is not a resident owner, to continue the operation of a Bed and Breakfast" at 35 Church Street would require a Special Permit. Motion carried 4-1 with Ira Bender opposed.

A motion was made by William Selke and seconded by William Harris, that since the applicant acted in good faith, the Zoning Board of Appeals recommends to the selectmen that the cease and desist order be held in abeyance until the status of the operation of this "Bed and Breakfast" be resolved. Motion carried 5-0.

Respectfully submitted,
Linda B. Day