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STOCKBRIDGE PLANNING BOARD
JUNE 28, 2005 MEETING

MINUTES

PRESENT:  Doug Rose, Gary Pitney, Allan Blau, Barbara Cohen Hobbs, and Bob Bartle
ABSENT:  Eric Plakun and Paul Coates

Meeting was called to order at 7:30 p.m.  Minutes of the June 14th meeting were reviewed and changes suggested.  Member Hobbs moved to approve the minutes as amended, Member Pitney seconded, and the motion carried.

Ellen Freyman appeared for Verizon Wireless/Pittsfield Cellular Telephone Co. for a 6.25 special permit review.  It proposes to install twelve antenna panels flush against the existing cell tower at the Stockbridge Sportmen’s Club.  The panels would be at the 110-foot level, so the tower would not have to be raised at all.  It also needs to erect a building within the existing compound for additional equipment.  Ms. Freyman showed the Board the increase in coverage that these panels would bring to Verizon customers in town.  With no further discussion, Member Hobbs moved to recommend approval to the Selectmen of the application as submitted under Section 6.25, Member Bartle seconded, and the motion carried. 

Philip Heller appeared before the Board for a continuation of the Myerson 6.1.2.c special permit review.  He told the Board that the ZBA had approved the variance for the side yard setback on June 16th.  Marshall White, from White Engineering, said that he felt the new addition would not be more detrimental to the neighborhood than the existing house.  With no further discussion, Member Hobbs moved to recommend approval of the Myerson application to the Selectmen as submitted under Section 6.2.1.c.

Philip Heller then petitioned the Board to reconsider its recent denial of the Shack special permit under Section 6.5.  Chairman Rose had asked Town Counsel’s opinion on the matter, and he read that opinion to the group.  Town Counsel felt that there were two special permits being asked for: 1) to alter the existing structure under Section 6.1.2, which the Selectmen decide; and 2) the land use activities within the LPOD to make that alteration happen, namely grading and excavation.  The Planning Board should only be considering the land use activities when deciding the LPOD, not the house addition itself.  That being said, the Board was correct in realizing that the addition was being built within 100’ of the lake, but it was not within its purview to decide the LPOD on that alone.  It is within the Board’s jurisdiction to reconsider a decision, instead of requiring the applicant to seek relief through the appeal process.  Member Bartle then moved to reconsider the Shack 6.5 LPOD special permit, Member Hobbs seconded, and the motion passed unanimously.  Mr. Heller said that the applicant was willing to pay for re-advertising the public hearing notice, and it was decided that the public hearing would be on Aug. 23rd.  In light of this decision, Mr. Heller asked if the Board could also reconsider the recommendation sent to the Selectmen to deny the 6.1.2 special permit.  Member Hobbs moved to recommend approval of the Shack application to the Selectmen under Section 6.1.2, Member Bartle seconded, and the motion carried.

The Board accepted the Performance Guarantee language submitted by Alan Hirschberg for the Osprey Lane subdivision off Route 183.  Once the money has been deposited in the escrow account with the town, the Board will endorse the plan and forward all paperwork to the applicant.

With no further business, the meeting was adjourned at 8:20 p.m.