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STOCKBRIDGE PLANNING BOARD
SEPTEMBER 13, 2005 MEETING

MINUTES

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

Meeting was called to order at 7:30 p.m.  Minutes of the Aug. 23rd meeting were reviewed and changes suggested.  Member Hobbs moved to approve them as amended, Member Bartle seconded and the motion passed with one abstention.

The Board had a brief discussion about the procedural issues that are arising from continued public hearings.  There seems to be varying interpretations about the state statute that says a special permit granting authority must render a decision within 90 days of a public hearing; the question is if the 90 days starts on the first day of the public hearing or if it starts once the public hearing is closed.  Philip Heller brought it to the Board’s attention as the Shack LPOD special permit was reviewed in August.  Member Plakun said that Mr. Heller will need to submit a written approval to extend the 90-day deadline before the hearing starts again, or the application should be denied.  The group agreed that all paperwork needs to be submitted on these applications so that the documented record is in order, in case of any future appeal.  Member Bartle then moved that if the Board does not receive the extension in writing, as promised by Mr. Heller, by the end of the 89th day of the deadline, it should deny the application because it fails to meet all standards of the bylaws.  Member Plakun seconded, and the motion carried.

Board secretary announced that Craig Moffatt had submitted the required material to complete the Hyson LPOD special permit application; the Board had voted to grant the special permit pending receipt of this material.  Chairman Rose said that since the application was now complete, any submission or appeal timelines start as of this date.

A representative from Sackett Survey Services appeared before the Board for a Form A (Approval not Required) Subdivision application review for property of Komack on Interlaken Cross Roads.  Part of the property was taken by eminent domain by the gas company for a right of way for the gas line before the Komacks purchased the property.  In doing so, this taking decreased the frontage of the property to the extent that the land can not be further subdivided, even though there is enough acreage to do so.  The Zoning Board of Appeals has already approved a variance for hardship so that the lot can be divided.  As the Board reviewed the application, it found that it was lacking the intended disposition of each parcel on the plan, as required in Section 3.20.b of the Subdivision Regulations.  The Board deemed the application incomplete and scheduled a return appointment on September 27th at 7: 35 p.m.

Chairman Rose read a memo from the Selectmen inviting the members to a meeting on Monday, Sept. 19th at 6:30 p.m. in the Selectmen’s Office.  Board members in attendance said they would try to attend.  Board secretary will notify other board members of this meeting.

With no further business, meeting was adjourned at 7:55 p.m.