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March 24, 2003

Present:   Cris Irsfeld, Deb McMenamy, George Shippey, Heather Viola-CTSB, Stephanie Cohen-Berkshire Eagle, Keith Coppins-Metro Tower, Ajay Suwant-AT&T, Brian S. Grossman-Attorney for AT&T, Dave Gale-AT&T, Amy Loveless, Virginia Loveless, Oliver Pixley, Sandy Carter, Verizon, James Sheils, Attorney for Verizon, Joseph Forfa, Gordon Soule, Simon Brighenti-T-Mobile, David Crotty-Verizon, Jorja-Ann Marsden, Executive Secretary

The meeting opened with thanking Austen Riggs for their generosity in these hard budget times with sending a check in the amount of  $15,000 in lieu of taxes which is an increase of 36% over last years amount.

Cris opened the hearing for Jane Hart, 34 East Street with the reading of the legal notice.   Thom Lipiczky, General Contracting and Design representing Mrs. Hart wishes to tear down the existing 18’x31’ barn/garage and build a new structure on the existing footprint.  The new structure will be a one-story master bedroom suite, and build a 20’x25’ garage on the front of the house, with the setback requirements. The property is in an R-1 zone.  Application is made under 6.1.2.  

It was noted that the existing residence is non-conforming as part of the structure is 30 to 31 feet from the lot line.  The applicant would like to tear down the present garage and replace it with a one story bedroom, laundry and bathroom.  George stated that Conservation Commission had issued an Order of Conditions.  Mr. Lipiczky stated that he had left a message for the Planning Board over six weeks prior, however he had not heard from them.  Cris stated that it wasn’t right not hearing from the Planning Board and continued by stating that he didn’t feel that it was technical, and that the building would not be any more non-conforming.

The Selectmen voted the following findings:  
a.	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 does not change the use or increase the building
c.	It will not be detrimental to adjacent uses or to the established or future character of the neighborhood as it will not encroach more than it does now as far as setback
d.	The application will not create undue traffic congestion or unduly impair pedestrian safety.
e.	This is not applicable as the water and sewer are both private.

George made a motion to approve the application subject to the Conservation Commissions review.  A second was received from Deb.  The vote was unanimous.

The joint continuation of the special permit for cell towers at 15 West Stockbridge Road and 24 West Stockbridge Road was opened.  David Maxson, the Town Consultant was unable to be present however wrote a report which was given out to both applicants.  Mr. Coppins and Mr. Brighenti felt it important to be able to read over the report to be able to make comments.  Cris felt that since the applicants would need time to review the report he requested from each applicant and co-locators letters of extension for sixty days.  Mr. Coppins handed out new sets of plans based on Mrs. Loveless’s concern regarding the zoning and the stamped survey from Forfa’s property only for wetland purposes.  The balloon tests had been done; concerns were raised by Mr. Coppins, therefore our consultant ended up driving to Stockbridge to review both tests.  Mr. Brighenti stated that his company felt that there would be an appearance of conflict; therefore his company hired an independent balloon tester.  Mr. Brightenti stated that his balloon test had been altered due to the wind, therefore the balloon after the alteration stood upright.  
Deb was concerned that it was a windy day.  Keith stated that there may be five co-locators now: Cingular, AT& T, Sprint, T-Mobile and possibly Verizon.

Cris stated that the Sportmen’s Club has informed him that anytime a vendor or event is taking place, the property is shut down, and there is no activity ( no guns, archery etc.)  Attorney Sheils read a letter from Sandy Carter of Verizon which stated that their policy is that there still is a strong potential of safety concerns as an emergency rationale.  “We appreciate the effort made by the Sportsmen’s Club.”  Cris continued by saying that it is interesting what they do on the other side of the street.  There would be open hunting during the hunting season.  Cris also stated that after speaking with Town Counsel, if that is the position of Verizon, then if you do not want to be on it then we have met our requirement of our bylaws.  

George stated that the Conservation Commission was not aware of the balloon test and inquired if another test could be done.  Simon and Keith will contact Mr. Maxson to answer the questions raised in the report.

Amy and Virginia Loveless had issues with the dimensional requirements as required on the application and felt the survey was not right.  Other letters of opposition from the Snells and Judith Peyron were read into the record.

The hearings were continued until April 14 at 7:00 p.m.

The Board of Selectmen unanimously voted to refer the following zoning amendments to the Planning Board for Public Hearing prior to the Annual Town Meeting.
ARTICLE XXX:  To see if the Town will vote to amend the Zoning Bylaws by:

A.	Striking the definition of “Bed & Breakfast” in its entirety from section 2.2 and replacing it with the following:

BED AND BREAKFAST:  An accessory use to a dwelling in which a resident operator offers at least one (1) and not more than five (5) rooms for transient occupancy.

B.	Striking the definitions of “Guest House” and “Motel” in their entirety from section 2.2.

C.	Striking the words “motel, guest house” from section 4.11.A.16.

D.	Striking section 4.11.A.18 in its entirety.

E.	Striking section 4.11.B.3 in its entirety and replacing it with the following:

	[B. Accessory Uses]						[R-4]	[R-2]	[R-1]	[R-C]	[B]	[M]
	3.  Bed and Breakfast, provided that no	Yes	Yes	Yes	Yes	Yes	Yes
	kitchen facilities are maintained in the rooms 
	and the accessory use is for the purpose of 
	overnight lodging and breakfast by 
	guest-occupants exclusively.

F.	Striking section 6.2.1.a in its entirety and replacing it with the following:

	a.	Hotel—two (2) parking spaces, plus one (1) parking space for each sleeping room.

G.	Striking the words “motel, guest house” from section 6.6.2.c. 

H.	Striking section 6.6.2.d in its entirety.

or take any other action in relation thereto.

ARTICLE XXX:  To see if the Town will vote to amend the Zoning Bylaws by 

A.	Adding, in appropriate alphabetical order, a new definition to section 2.2 as follows:

TEMPORARY STRUCTURE:  Any tent, membrane structure, patio cover, car port, storage unit, rigid canopy or similar portable or demountable structure, supported in whole or in part by members resting on the ground and lacking a permanent foundation, but excluding tents used exclusively for recreational camping purposes.

B.	 Adding new section 4.11.B.23 and 4.11.B.24 as follows:

	[B. Accessory Uses]						[R-4]	[R-2]	[R-1]	[R-C]	[B]	[M]	
	23.  Temporary Structures erected for a 	SPP	SPP	SPP	SPP	SPP	SPP
	period of less than 180 days
	24.  Temporary Structures erected for a 	Yes	Yes	Yes	Yes	Yes	Yes
	period of less than 180 days, provided 
	that such structure covers an area less 
	than 120 square feet or is located to the rear 
	of the principal structure on the lot

or take any other action in relation thereto.

ARTICLE XXXX.   To see if the Town will vote to amend section 5.5 of the Zoning Bylaws by adding a new footnote (g) to the Residence R-4, Residence R-2 and Residence R-1 Districts as follows:

(g)	The ratio of the combined floor areas of all buildings or structures on a lot
to the area of the lot on which they are located shall not exceed 20%.

or take any other action in relation thereto.

ARTICLE XXX.   To see if the Town will vote to amend section 6.3.3. of the Zoning Bylaws by striking the phrase “owners of land within 300 feet of the property line” therefrom and replacing it with the phrase “abutters within 300 feet of the property line;” or take any other action in relation thereto.

ARTICLE XXX.   To see if the Town will vote to amend section 6.14 of the Zoning Bylaws by striking paragraph a therefrom in its entirety and replacing it with the following:

a.	Maximum building height-two and one-half (2.5) stories or fifty (50) feet.

or take any other action in relation thereto. 

The meeting adjourned at 9:00 p.m.

							A true copy, ATTEST: