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February 18, 2003

The Selectmen met with the Police Department for negotiations

							A true copy,  ATTEST:

February 18, 2003

Present:   Cris Irsfeld, Deb McMenamy, George Shippey, Virginia Loveless, JoAnne and William Snell, Susan Klebl, Jess Murray, Attorney Philip Heller, Richard Fey, Amy and Virginia Loveless, David Maxson, Joseph B. Forfa, Dave Crotty-Verizon, Sandy Carter-Verizon, Jim Sheil-Verizon, Keith Coppins-Site Acquisitions, Brian Grossman, AT+T, Ajay Sawart-RF for AT+T, Simon Brightenti-T-Mobile, Dave Gale-ATTWS. Tom Stokes, Jim Murray, Kristen Brouker-Berk. Record, Heather Viola-CTSB 

Cris announced that there was a freeze on all spending for the Town.  We may need to look at all capital projects in the upcoming year so as to keep the tax rate down.

Deb announced that we are creating a Stockbridge flag to fly in the Rotundo of the State House.  If anyone would be interested in purchasing one please call the Selectmen’s Office at Town Hall.  The first estimate depending on the amount ordered would be between $250 and $550.

Tom Stokes, Chairman of the Community Preservation Committee came before the Selectmen to announce a public hearing on March 5 at 7:00 p.m. at Town Hall for requests for proposals for funding under the Community Preservation Act.  All proposals should be submitted by 4:00 p.m. on March 19.  Tom stated that Stockbridge will have collected approximately $65,000 and with the State match, the total fund to be allocated would be about $140,000.  The RFPs would be for Open Space, Affordable Housing and Historic Preservation.

The Mazzullo continuation opened with the reading of letter from Ms. Baron, as once again with the weather, she was not able to be present to express her opposition to the application.  It was announced that it was the opinion of Counsel that the deck is part of the footprint of the structure, and was incorporated into one of  the previous projects.  Cris and George emphasized again their pleased feeling with the design change.  Deb asked Mr. Fey about the changed design.  Mr. Fey is still not happy and felt that Mrs. Albano was not happy.  He feels that the 32’ height is not necessary.   Deb stated that it appeared to her that the house was nestled into the trees.  Attorney Heller stated that the bylaw has a certain height and the applicant is complying with the bylaw.  The applicant was sensitive to the neighbors and reduced the height of the building.

The Selectmen made the following findings:
a.	It was found that the application is in compliance with all provisions and requirements of this bylaw, and in harmony with its general intent and purpose.
b.	The application is desirable to the public convenience and welfare at the proposed location.
c.	It will not be detrimental to adjacent uses or to the established or future character of the neighborhood.
d.	It will not create undue traffic congestion or unduly impair pedestrian safety.
e.	It will not overload any public water as the property has their own well, drainage, or sewer system as it has Town sewer to such an extent that the proposed use in the immediate area or in any other area of the town will be unduly subjected to the hazards affecting public health, safety or general welfare.

Deb made a motion to approve the application with the modified plans with the following conditions:  all construction and worker vehicles must be parked on-site, and the construction workday will be from 9:00 a.m. to 5:00 p.m. and no construction will begin until after Labor Day and no construction work on Sunday.  A second was received from George.  The vote was unanimous.

The public hearing was opened for Site Acquisitions, Inc., d/b/a Metro Tower with co-applicants of T-Mobile, US Unwired as Sprint PCS and AT & T Wireless Services, along with Verizon Wireless as an interested applicant, for the property of Joseph and Mary Forfa at 15 West Stockbridge.  The applicants would like to construct a new 150-foot self-supporting monopole tower on the property and the wireless carriers will each use a single story shelter or equipment cabinets to house telecommunications equipment.  The Co-applicants propose to install their respective equipment including without limitation, antennas coaxial cables, and Base Station Equipment, on and next to the proposed tower.  The tower would be designed to accommodate up to six commercial carriers including the co-applicants.  The equipment shelters or cabinets would house radio and related equipment for the tower users, including receiving, transmitting, switching, processing and performance monitoring equipment and automatic heating and cooling equipment.  The compound would be enclosed by an 8 foot height security fence and gate.  Application is made under 6.25 of the Zoning Bylaws.  The property is in an R4 zone.  

Keith Coppins introduced himself and corrected his application by stating that the application forms stated that the property was in an R2 zone and in fact it is in an R4 zone.  He also agreed that Virginia Loveless is the direct abutter not the Town of Stockbridge.  Keith is applying for a tower 150’ tall, access would be with the driveway, power would be underground.  Trees would be replanted where a road would go to the tower.  The compound would be 48x84 fenced compound.  Each carrier would have their own equipment whether a building for Verizon’s equipment or cabinets for the other carriers.  A question was raised by George as to the location of the compound in relation- ship to the house.  Mr. Coppins stated that 150’ from the house.  George asked about the corner of the compound to the Forfa house.  Keith replied a little over 80‘.  George then stated that it puts it within the 150’ fall zone; the whole house is within the fall zone.  George also questioned the boundary line with the Loveless property.  Keith stated a survey was done in November.  Deb noted more site carriers than at the Sportsmen’s Club.  Keith stated Sprint doesn’t work at the Sportsmen’s Club unless that tower was  at 180’.   Four carriers have committed-AT&T,  Sprint, Verizon and T-Mobile.  Letters were read for the record.  George read Mrs. Virginia Loveless’s letter to the Conservation Commission and the Selectmen which objected to the citing of the cell tower at the Forfa’s.  Also of concern for Mrs. Loveless was that the application does not show the location of all the structures and buildings with scaled measurements on the plan. The plot plan has no evidence of measurements to lot lines or between structures and house, and proposed tower locations.  Also the markings are only for latitude, longitude and altitude for the tower, no distances to boundaries or to the buildings.  Cris read a letter from Bob Bartle stating that he hoped that the town would consider waiving the Scenic Mountain Act in the reference to the placement of a cell tower at the Sportsmen’s Club.  He felt that the tower at Forfa’s would  dominate what is now an extraordinary view of the ridge line.  Cris also read a letter from Richard Johnson of 18 West Stockbridge Road who strongly opposed the construction or location of a tower at 15 West Stockbridge Road.  He felt that it would not be consistent with aesthetic beauty and natural appearance of the area.  Deb read a letter from Mr. and Mrs. William Snell of 13 West Stockbridge Road which stated their objection as the tower was ugly after seeing the obstruction of the view when the company did a crane test but also the effect it would have on their property value.  Jessica Murray for the Stockbridge Land Trust stated their objections as the Land Trust is negotiating with Mrs. Loveless regarding placing some of her land in their trust.  Cris stated that pictures would be helpful at the Forfa’s.  Mr. Coppins stated a balloon test could be done.  Cris suggested taking pictures of the balloon test from Westdale Road and continue west.  Jim Murray asked under what provision under the bylaws a structure would fall.  Tom Stokes for the Land Trust emphases the entrance to Town should be green and a tower at the Forfa’s would be a significant change.  Attorney James Shiel, representing Verizon, stated for the record that they do not have a formal application, just an interested party in the site.  The Verizon radio and computer equipment are enclosed in a building which is 12x30.  Attorney Shiel stated that Verizon tends to avoid sites where there is shooting and they also like buildings already built for their towers.  Mr. Coppins stated that because of the title issue with the Sportsmen’s club his company was looking for another site to accommodate all the carriers in the area.

Mr. David Maxson, the Town’s Consultant, disclosed that he is working with Verizon on the Skorput property in West Stockbridge.  Mr. Maxson requested a map showing visibility which would show if the tower does or doesn’t have visibility to the sky.  Mr. Maxson stated ideally there would be evidence to compare both sites and then look at the consequences of one site over another.  After many questions from the Loveless's, it was decided that a joint balloon test should be done weather permitting.  The date will be coordinated and the Selectmen will be informed.  A motion to continue both hearings until March 24 was made, voted and unanimously approved.

Cris reviewed and summarized the Adelphia Contract with Deb and George.  Deb made a motion to approve the contract, George seconded the motions.  The vote to sign the contract was unanimous.

With no other business the meeting adjourned at 9:25 p.m.

							A true copy, ATTEST: