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January 21, 2003

Present:  Cris Irsfeld, Deb McMenamy, George Shippey, Attorney Philip Heller, Pam Sandler-Rota-Architect, David Mazzullo, Marshall White-White Engineering, Kristen Brouker-Berk. Record, Richard Fey, David Maxson-Broadcast Signal Lab, Gary Johnston-Stockbridge Sportsmen’s Club, Jason Overbey-T-Mobile, Amit Uzzaman-T-Mobile, Brian Grossman-Anderson & Kreiger (AT+T Wireless), Keith Coppins-Site Acquisition, Inc., Dave Gile-NOC (AT+T), Theirey Colson-Bethtel (AT+T), Joe Forfa, William Sample-CTSB and Jorja Marsden

The meeting was opened by thanking the Searing family, Chris Marsden, Ed Bailey and Don Holmes for flooding the skating rink. Deb read a letter from the State-funded Firefighter Public Safety Equipment Grant program stating that the Stockbridge Fire Department was awarded a $15,000 grant.  George read a      letter from the State-funded local law Enforcement Public Safety Equipment Grant Program awarding the Stockbridge Police Department $15,000.

Cris opened the continuation of the Mazzullo Special Permit.  Attorney Heller stated that after the last meeting and hearing the neighbors concerns, the applicant has substantially modified the plans.  A letter was read from Dr. Hecht who has seen the modifications and is in support of the change.  Pam Rota said she had talked to Ms. Baron telling her that they had lowered the roofline, with keeping the high point to the east.

Cris read into the record a letter, accompanied by a letter from the prior owner of the property, from Attorney Heller with respect to the issues raised by George at the last meeting.  Attorney Heller quoted MGL, chapter 40A, section 7 that states in part: 

	No action, criminal or civil, the effect or purpose of which is to compel
the removal, alteration, or relocation of any structure by reason of any
alleged violation of the provisions of this chapter…or bylaw adopted hereunder, or the conditions of any variance or special permit, shall be maintained unless such action, suit or proceeding is commenced and notice thereof recorded in the Registry of Deeds… within ten years next after the commencement of the alleged violation.

“Based upon the information supplied by Mr. Darrin, the building inspector at that time authorized all of the construction at the property at 10 Grove Road and specifically authorized the rebuilding of the deck on the north side of the property…”

Also read into the record was a memo from the Building Inspector which quoted Mass Building Code 780 CMR 110.1.

Cris stated the applicant has choices, short of having a building permit, to go to the Planning Board to get a permit for the structure or design without the deck, or approve it as a structure making it part of the building.  Attorney Heller stated that there has been approval from the Planning Board.  Cris stated that approval was granted not knowing that it was an illegal structure.  Heller said it is pre-existing.  Cris said that if  you take off a nonconforming section then it is gone and part of the footprint is lost.

Pam Rota stated that with the new modifications, the structure is not any larger and that; the area near the grove will not change.  The house will be 22’ high across for ¾ of the house at which time the height goes to 32’.

Cris read a new letter from Ms. Baron (original in the special permit file).  George was pleased that the Mazzullos , Pam, Phil and Marshall had changed the height-it addresses the needs of the abutters and I have no problem with the modified height.  It was decided that Attorney Heller needed to talk to Town Counsel regarding the request.  A motion was made by Deb, seconded by George to continue the hearing until the next meeting – Februrary 3, so Phil could talk to Town Counsel.  The vote was unanimous to continue.

The continuation of the public hearing for Omnipoint-T-Mobile to place a cell tower at the Sportsmen’s Club property was opened.  
Simon Brighenti presented a history of where we are today.  Last Friday, a letter was received from Mass Highway to the attorney of the Club removing deed restrictions at the proposed site.  The entrance to the tower will be the same used for the Club.  Cris asked why a different pole from Schillers.  Simon explained that this design is more flexible for more carriers.  George asked how many carriers available.  Simon replied three to six carriers at the Sportsmen’s Club.  Another site, the Forfa property, which another company is requesting, has a gap in coverage therefore Omnipoint would prefer the Sportsmen’s Club.  Simon stated that he felt the company can make the tower less innocuous and you could not see it from residences.  He stated that it would be difficult to get the coverage at lower than 150 feet.  Simon stated that if the tower were lower another tower would be needed in the area.  Cris stated  “ no one likes these,  our plan is to have few and tucked away from one to the other.”
David Maxson, the Town’s Consultant, asked questions regarding coverage, height, etc. to Simon, Mobile and Brian,  AT & T.  Mr. Maxson stated the size of the external flag pole and surface inside casing then wider at bottom and much larger diameter with support up the center and thus takes away from the flexibility with the flag pole.  
Cris stated that Simon would need a balloon test, visible impact map, two markers, 150 and 130, simulative with flag pole and flush mounted.  George asked about the application to the Conservation Commission.  Simon stated that with the State coming through last Friday with their decision, there really wasn’t a lot of time to prepare for the meeting, however the application would be forthcoming.  Simon continued by stating that the tower wouldn’t be significantly over the ridge.

A motion was made by Deb to continue the meeting until Monday March 24.  A second was received from George.  The vote to continue was unanimous.

The Selectmen appointed Harold French their credential alternate the upcoming Veteran’s Budget meeting.

With no further business the meeting adjourned at 9:00 p.m.

							A true copy, ATTEST: