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Stockbridge Planning Board
August 22, 2006

MINUTES

Present: Chairman Douglas Rose, Barbara Cohen Hobbs, Gary Pitney, Eric Plakun, Eugene Talbot, and Robert Bartle
 
Absent:  Paul Coates

Member Pitney made a motion to accept the minutes of July 25, 2006 as written.  Member Hobbs seconded this motion and it was unanimously approved, 6-0.

The purpose of the public hearing is to amend the Zoning Bylaws Section 6.5, Lake and Pond Overlay District (LPOD).  The board received correspondence from Attorney Philip Heller indicating his opposition to the proposed bylaw.  Attorney Heller stated that the proposed bylaw should allow the process where the board could waive strict compliance if it finds that the waiver of strict compliance would not be contrary to the bylaw, also some of the provisions in the proposed bylaw overlap with the Conservations Commission’s authority and jurisdiction.

Member Rose read comments from Attorney Ray Miyares in response to Attorney Philip Heller’s letter.  

Member Hobbs made a motion to close the public hearing at 7:50 P.M.  This motion was seconded by Member Bartle and was unanimously approved, 6-0.

Member Rose made a motion to reopen this public hearing to hear further comments from the Conservation Commission.  Member Plakun seconded this motion.

Member Bartle made a motion to close this public hearing at 7:55 P.M.  Member Hobbs seconded this motion and it was unanimously approved, 6-0.

Member Plakun made a motion to recommend adoption of the proposed Lake and Pond Overlay District with the change to Section 6.9.5.c that was suggested by Ray Miyares.  Member Hobbs seconded this motion and it was unanimously approved, 6-0.

There was a discussion that the board should further refine the proposed Lake and Pond Overlay District bylaw whether or not it is approved at town meeting.

The purpose of the public hearing is to consider amending the Zoning Bylaws by adding a new Subsection 37 to Section 4.11.A and the addition of a new Section 6.26 to regulate and provide a Special Permit for Adult Business.

The purpose of the public hearing to consider amending the Zoning Bylaws Section 6.14(a) by striking the work “or” therefrom and replacing it with the word “and”.  

The purpose of the public hearing is to consider amending the Zoning Bylaws by adding to Section 2.2 the definition of “boathouse”.  The addition of a new subsection 38 to Section 4.11.A.  The addition of a new 6.27 to regulate and provide a Special Permit for Body Art Establishments.

Member Bartle made a motion to close the public hearing.  Member Hobbs seconded this motion and it was unanimously approved, 6-0.

Member Rose asked if any members had any further comments regarding the proposed amendments.  

Member Pitney made a motion to recommend approval of the three proposed amendments to town meeting.  Member Hobbs seconded this motion and it was unanimously approved, 6-0.

Robert Markovitz came to this meeting to seek a recommendation to the permitting authority the Board of Selectmen on his application for a Special Permit under Section 6.1.2.  The project is the renovation of a pre-existing non-conforming building, the former Youth Building, and to change the use from Assembly Use Group to Single Family Residential Use.  The lot is nonconforming as to the setback.  The property is located at 1 Shamrock Street in the R-C zone.  The new structure will not alter the existing footprint.   Member Plakun made a motion to recommend to the Board of Selectmen that they consider approving this request in that the application appears to meet the criteria for a Special Permit under Section 6.1.2A.  Member Hobbs seconded this motion and it was unanimously approved, 6-0.

Member Pitney made a motion to adjourn this meeting at 8:30 P.M.  Member Bartle seconded this motion and it was unanimously approved, 6-0.

Respectfully submitted,

Jaimy Messana
Planning Board Secretary