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		<subject index="0" >December, 2007</subject>

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December 3, 2007

Present:  George Shippey, Deb McMenamy, Bobby Flower, Attorney David Hellman, Lisa Bouchard, Myong Talbot, Matti Kiin-CTSB and Jorja Marsden

George opened the meeting with the following announcement: “We are disappointed to announce that our date to move into the Plain School has been delayed.  The State Fire Marshalls have concerns about the fire suppression system.  We are investigating all options available to address their concerns.”

The continuation of the special permit amendment for the Stockbridge American Craftsmen property at 9 South Street was first on the agenda.  Attorney David Hellmann and Lisa Bouchard of Kinderhook Group said that the Kinderhook Group wishes to rent space at 9 South Street.  The site inspection last week did confirm that one of the spaces in the back of the building which was not to be used unless by a tenant was in fact being used for office space by a tenant and that the rest of the building is apartments.  The space in question that Kinderhook wishes to occupy is not functioning as an office at this time and does not tie in with a rental space as an occupant must go outside for access.  The building inspector has issued a memo with some items that need to be brought up to code.  However, it has nothing to do with the special permit.

Lisa Bouchard informed the Selectmen that she continues to try to get in touch with the neighbor, Mrs. McCormick, regarding the plantings which will take place in the spring.

Attorney Hellman stated that conditions placed on the specific space that is part of the amendment could create a problem with the salel of the property.  The property is zoned business.  The Selectmen felt that the building is zoned business and it would be worthwhile to keep some business use at the location.  

Deb made a motion to approve the application with the following conditions: 1.)  That upon the sale of the property the Board would review the new owners use of the building that within one year; 2.)  The shrubbery will be installed by the fence on the abutter’s side by July 4, 2008; and 3.)  That the concerns of the Building Inspector and Fire Chief as outlined in a memo dated November 28, 2007 with regard to the emergency lights not working, no C/O detectors, and whether the alarm panel is working to be satisfied within 60 days from the effective date of the special permit.    The following findings were made: 
a.	The application is in compliance with all provisions and requirements of this Bylaw, and in harmony with its general intent and purpose; and
b.	is essential or desirable to the public convenience or welfare at the proposed location; and
c.	will not be detrimental to adjacent uses or to the established or future character of the neighborhood; and

d.	will not create undue traffic congestion or unduly impair pedestrian safety;  and
e.	will not overload any public water, drainage, or sewer system or any other municipal facility to such an extent that the proposed use of any existing 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. 
Bobby seconded the motion.  The vote to approve the application with the conditions was unanimous.

Attorney David Hellman reviewed a special permit amendment for the Sherwood L. and Judith A. Gorbach, Trustees of 23 Mahkeenac Terrace Nominee Realty Trust, at 23 Mahkeenac Terrace.   Attorney Hellman stated that the application is under 6.5 of the zoning bylaws and is requested as the Gorbachs have become infirmed since the original application.  The stairs to the lake will be replaced with a ramp; the parking is requested to be closer to the house, and the bulkhead will be smaller.  Deb made a motion to recommend approval to the Planning board.  Bobby seconded the motion.  The vote to recommend approval to the Planning Board was unanimous.

Deb made an announcement that there is no overnight parking from November 15 to April 15.  Bobby commented how successful the Chamber’s recreation of Norman Rockwell’s Main Street was on Sunday and how well attended.

With no other business, Deb made a motion to adjourn at 7:35 p.m.  Bobby seconded the motion.  The motion to adjourn was unanimous.

					A true copy, ATTEST: 

December 4, 2007

Present:  George Shippey, Deb McMenamy, Bobby Flower, Don Schneyer, Bob Griffith, Ken Jodrie, Joe Kellogg, Ned Baldwin, Clint Schneyer, Louis Peyron, Joe Tracy, Attorney Ray Miyares, Attorney Tom Harrington and Jorja Marsden

Discussion followed regarding the water flow and pressure at the new Town Offices.  After this portion of the meeting, Deb made a motion to go into Executive Session  at 4:30 p.m.for the purpose of discussing possible litigation.  Bobby seconded the motion.  The motion to go into Executive Session was voted: George – yes, Deb – yes, Bobby – yes. 

Deb made a motion to adjourn the Executive Session and to adjourn the meeting at 5:05 p.m.  Bobby seconded the motion.  The vote to adjourn the Executive Session and the meeting was voted: George – yes, Deb – yes, and Bobby – yes.

						A true copy, ATTEST:

December 17, 2007

Present:  George Shippey, Deb McMenamy, Bobby Flower, Joel Meyerson, Attorney David Hellman, Wayne English, Neil Holden, Joan Nimmo, Carl Sprague, David Pottle, Jay Elling-CTSB and Jorja Marsden

George opened the special permit for Bernard J. Ryan, for property at 26 Mahkeenac Road by reading the legal notice which appeared in the Berkshire Eagle on December 3 and 10.  The Ryans, represented by Attorney David Hellman, wish to demolish and reconstruct on essentially the same footprint, of an existing single family dwelling,  with the addition of a second story, pouring of a partial foundation and frost wall.  The property is located in the R-4 zone.  Application is made under section 6.1.2. 

The property is non-conforming to setbacks and lot coverage.  The changes will not make the property any more non-conforming.  Attorney Hellman stated that the Assessor’s card says that the effective year built is 1963.  Carl Sprague, chairman of the Historic Preservation Commission, stated that his understanding was that the property was built in 1920.  Discussion followed on whether to use the built date or the effective date when deciding the age of the building. Mr. Sprague informed the Board that the Commission cannot meet until January 4.

George read the favorable recommendation of the Planning Board.  Joel Meyerson, abutter,  asked what the new construction would look like from his parents property.  Mr. English, the contractor informed him that it would basically look like what they see now; the foundation will be about 1 foot higher.  It will have a cottage look.  Mr. Meyerson was also concerned with the construction schedule.  Mr. English stated that they would like to start late March to the beginning of April, and that construction would take 2 to 3 months, with completion hopefully done prior to summer.  
Deb made a motion to continue the hearing until January 14 so to hear from the Historic Preservation Commission.  Bobby seconded the motion.  The motion to continue was unanimous.  

George read the legal notice for the amended special permit hearing for Mr. and Mrs.  Sherwood Gorbach of  23Mahkeenac Terrace.  The Gorbachs’ represented by Attorney David Hellman and Designer David Pottle of Green River Design wish to modify the special permit approved on April 3, 2007.  The Gorbachs’ have become infirmed.  Mr. Gorbach has had two hip replacements and Mrs. Gorbach suffers from arthritis.  The applicant seeks to replace stairs on north side of house with a handicap ramp and revise the bulkhead size and parking areas, increase the second floor footprint, revise the roofline and provide different windows and doors and create a boat storage area. The property is located in the R-2 zone.  Application is made under section 6.1.2. 

Attorney Hellman stated that the square footage with the change will be 2358.  The total mass would be 15.08 which is less than the 20% allowed.  George read the favorable recommendation from the Planning Board.

George read the following findings prepared by Attorney Hellman:

1.	The proposed use is in compliance with all provisions and requirements of the ZBL and is in harmony with their general intent and purpose, because the modifications proposed are permitted use by special permit and is in harmony with the general intent to allow for scrutinized alterations of prior nonconforming structures and modifications to previously granted special permits.
2.	The proposed use and  modifications to the previously approved special permit are desirable to the public convenience or welfare in that the site is also already being used for the same purpose and the changes will not only enhance the visual appearance of the property, but it will result in a house that is more accessible to individuals with physical handicaps
3.	The proposed use will not be detrimental to adjacent uses or to the established or future character of the neighborhood because it will beautify the neighborhood and is in keeping with the general appearance of the abutting buildings and on the Stockbridge Bowl in general.
4.	The proposed changes to the previously approved special permit will not create undue traffic congestion or unduly impair pedestrian safety.  This site is already being used for the same purpose as proposed and the traffic pattern will not change in any significant manner except to improve the pedestrian safety by making the home more handicap accessible.
5.	The proposed changes to the previously approved special permit will not overload any public water, drainage or sewer system or any other municipal facility to such an extent that the proposed use or any existing use will be unduly subjected to hazards affecting public health, safety or general welfare. The premises is served by a private water supply and public sewer and there is no addition of bedrooms from the current use.  The proposed alterations will have no impact on any of the Town concerns stated above.
6.	The minor alterations proposed to the previously approved special permit will not be in greater nonconformity with open space, yard, height, and off-street parking requirements or any other requirement of the ZBL as the lot coverage, the ratio of combined total floor area of the structures on the lot to the lot size are within the permitted allowances and there is no change to the height of the structure.  Therefore, the proposed structure is not in greater nonconformity with the requirements of the ZBL than the existing structure and the previously approved special permit for the addition and renovations.  The proposed minor alteration to the structure will not be more detrimental to the neighborhood than the pre-existing non-conforming structure or use or the previously approved alterations to the initial structure, in that it will be an improvement to the neighborhood to have a beautiful improved structure and the site will become more handicap accessible to no one’s detriment.
Deb made a motion to approve the modification as presented and the findings as read.  Bobby seconded the motion.  The vote to amend the special permit of April..for the Gorbach’s was unanimous.

Neil Holden and Joan Nimmo of the Five Town Cable Commission came before the Selectmen to say that Time Warner will be placing CSPAN on the basic cable.  Also, the State has approved a higher maximum rate, however Time Warner has no plans to increase the fees at this time.  Mr. Holden stated the Committee has become harmonious within the last year.  He also said that the Committee recommends CTSB’s contract be extended for another two years; either Linda Miller or someone from the committee will be coming to a meeting for the Selectmen to sign the contract.

Bobby Flower announced that Linda Hunt, Town Clerk has been designated a Certified Massachusetts Municipal Clerk by the Massachusetts Town Clerks Association.  We congratulate her on this designation.

Deb reminded everyone there is an overnight parking ban.  The Highway crew needs to plow and if the vehicles are not moved they will be towed or hit by a plow.

Preliminary tax bills will be going out this week.  The actual bills will go out as soon as the Assessor’s hear from the Department of Revenue and the Town can hold the annual Classification Hearing.

At the request of the volunteers, the Selectmen have decided to close the Swap Shop on December 22 during the cold winter months with a reopening on April 7.  

George said that the Stockbridge Bowl Association is cleaning the paths at Bullard Woods.  The trails were covered with tree branches after the wind sheer in December 2006.  Deb said that it is wonderful, as is Boukers Woods and the Mary Flynn Trail just to name a few.

Selectmen wished everyone a happy holiday season.  Bobby made a motion to adjourn at 7:52.  Deb seconded the motion.  The motion to adjourn was unanimous.

						A true copy, ATTEST:

December 19, 2007

Present:  George Shippey, Deb McMenamy, Bobby Flower and Jorja Marsden

Deb made a motion to hire David Demers, P.E. to do a peer review of the fire suppression system at the new Town Offices.  Bobby seconded the motion.  The vote was unanimous.

Dan Lewis, fireworks specialist, wishes to speak to the Selectmen regarding fireworks at Wheatleigh.  The Selectmen will ask him to come to the meeting on January 2, 2008.

With no other business, Bobby made a motion to adjourn at 8:50.  Deb seconded the motion.  The vote to adjourn was unanimous. 

					A true copy, ATTEST: