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STOCKBRIDGE, MASSACHUSETTS
ZONING BOARD OF APPEALS

Meeting Minutes for:					Board Members in attendance:  
December 15, 2005	 				David Adler 		Thomas Schuler
6:00 PM						Linda Day		John Spencer
Stockbridge Town Hall					Patricia Flinn

PINE WOODS
Chair Linda Day opened the meeting at 6:10 p.m. and read the notice published in the Berkshire Eagle on December 2 and December 9:

“Notice is hereby given that the Zoning Board of Appeals will hold a public hearing at Town Hall, 6 Main Street, Stockbridge, at 6:00 p.m. on Thursday, December 15, 2005 for Pine Woods at 3 West Stockbridge Road.~ The property is located in the R-2 zone.”

There were five attendees of interest to the Pine Woods project:  Ned Baldwin, Building Inspector; Fred Bunger, Consultant; Cara Davis, from Construct, Inc.; Tim Geller; project director; and Stephan Green, architect.  No abutters were in attendance.

Tim Geller outlined the issues of question for the project:

·	Enlargement of the proposed storage shed from 10’ x 15’ to 16’ x 20’.  Cara Davis explained that the request for the enlargement had come from the Housing Authority.  Tim reviewed the 9/2/05 letter sent to the Conservation Commission requesting an opinion as to whether the proposal warranted a filing of a new Notice of Intent.  
Resolution: There was no response from the commission, so the original NOI was considered intact.  

·	Receiving Certificates of Occupancy for some units:
·	With only one of the two ADA units complete - Tim Geller explained that 24 units are ready, but only one is ADA.  Since the AAB Code requires that 5% of the units be ADA, anything over 20 units would necessitate that the second ADA unit be ready.  Tim commented that “Every month we don’t have CO’s costs us development money.”  Tom Schuler pointed out that the ZBA cannot adjust the Federal requirement.
·	Without all parking completed - Stephan Green explained that the first coat of surface had been completed on all parking spaces except the Community House parking section, which was being delayed.  The code requirement is 1.5 parking spaces per unit.  He counted 31 ready spaces, which would satisfy the 30 required if the initial CO request were 20 units.
Resolution: Request CO’s on only 20 of the 24 ready units.  It was determined that the first CO must be the one ready ADA unit.  Both Tim Geller and Ned Baldwin mentioned that CO’s could not be issued until the final sewer work was completed.
   
·	Timing of the completion of the Community House.  Tim Geller pointed out that the Community House was always scheduled to be the last to be built.  Construction will be concentrated in that area, which is planned to be fenced in.  Ned Baldwin had concerns about construction going on with residents in the area.  Linda Day had similar concerns, especially for any small children living and playing there.  Tom Schuler commented that, “You may want to light a fire under the contractor [Tierney]” about these concerns.

Building Inspector Ned Baldwin outlined his concerns.  He said that parking and the new Community House have been rectified.  His two remaining concerns were: (1) how the drive-in would stand up in the spring; and (2) having residents while construction is still going on.  But he commented that “a lot was resolved by this morning”, and he gave his “Go ahead”.

Member Jack Spencer commented that, based on tonight’s discussions, he saw no need to hold a public hearing on these issues.  He commended building inspector Ned Baldwin for bringing the issues forward.  Spencer made the following motion: “The proposed changes for the Pine Woods project are minor or not in the ZBA’s jurisdiction; therefore, no public hearing is needed to amend the original permit”.  The motion was seconded, and Chair Day asked for a roll call vote on the motion:  

·	Chair Linda Day – In favor
·	Member David Adler – In favor
·	Member Jack Spencer – In favor
·	Member Pat Flinn – In favor
·	Member Tom Schuler – In favor

Summary of the voting:  

Five (5) votes in favor, no (0) votes opposed.  No public hearing on these issues is needed.

FADDING APPEAL

Chair Linda Day explained that the Fadding Appeal had been continued until this meeting in case both parties had not resolved the issues on their own, as they had decided to do.  (Note: the Faddings had waived the time limit requirement on their appeal.)  

Chair Linda Day commented that to date, the board had heard nothing from either party.  Building Inspector Ned Baldwin also said he had heard nothing.  Linda explained that, even if both parties have resolved the situation, the board would have to look to Ned to determine if the zoning by-laws have been satisfied.

Chair Linda Day made a motion : “To continue the Fadding Appeal to January 15, 2006.”  The motion was seconded and unanimously approved.

The session of the ZBA was ended at 7:02 p.m.

							Respectfully submitted,
							Patricia Flinn
							Clerk