Wed, Jan 09, 2008 2:01 PM From: Howard Siegel To: StockbridgeMA_SelMin Subject: November, 2007 November 5, 2007 The Selectmen’s meeting scheduled for this day was postponed to November 7, 2007. November 6, 2007 Present: George Shippey, Deb McMenamy, Bobby Flower, Joe Kellogg and Jorja Marsden Joe Kellogg went over change Order #9 which consisted of millwork changes, leveling of floors, and change of glass in room doors. Deb made a motion to approve Change Order #9. Bobby seconded the motion. The motion was approved unanimously. Joe stated he is getting three quotes to replace the exterior doors. Other items that will need to be done in the future are windows on the ground floor where the wood is rotten, to put stair treads down on the internal police stairs and to redo the gym floor. With no other business the meeting adjourned at 8:50 a.m. A true copy, ATTEST: November 7, 2007 Present: George Shippey, Deb McMenamy, Bobby Flower, Jacqueline Murray-C. Davis Associates for Sprint-Nextel, Nick Diller-CTSB, and Jorja Marsden George opened the public hearing for Sprint-Nextel by reading the legal notice which appeared in the Berkshire Eagle on October 22 and 29. Sprint-Nextel wishes to install three antennae at the 140’ tower level and install one equipment cabinet inside the existing shelter at 30 East Street. The property is in an R-1 zone. Application is made under 6.25. Jacqueline Murray of C. Davis Associates represented Sprint-Nextel. Ms. Murray stated that the antennae will not be visible and that since the merger of Sprint and Nextel they still have separate service requirements. Construction will begin sometime between January and February, 2008 if approved. George read the favorable recommendation from the Planning Board. The following findings were made by the Board of Selectmen under section 6.25 of the zoning bylaws: a. The proposed Personal Wireless Service Facility, Tower or Repeater will satisfy all requirements of section 6.25 except those for which it finds that literal enforcement would have the effect of prohibiting the provision of personal wireless services; and b. The proposed Personal Wireless Service Facility, Tower or Repeater is a necessary component of a comprehensive scheme to ensure the provision of personal wireless services in the affected area; and c. The proposed Personal Wireless Service Facility, Tower or Repeater is the means of providing personal wireless services in the affected area that will lease intrude upon the Town, the District and neighborhood in which it is proposed to be located, and adjoining properties; and d. A good faith effort has been made to identify and evaluate less instructive alternatives to the proposed Personal Wireless Service Facility, Tower or Repeater; and e. The Applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the proposed Personal Wireless Service Facility, Tower or Repeater on the Town, the District and neighborhood in which it is proposed to be located, and adjoining properties. And the Board of Selectmen made the following findings under Section 6.3.6: 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. Deb made a motion to approve the special permit application of Sprint-Nextel as presented for o install three antennae at the 140’ tower level and install one equipment cabinet inside the existing shelter at 30 East Street. Bobby seconded the motion. The vote was unanimous. At the request of Attorney David Hellman, representing the Kinderhook Group, Deb made a motion to continue the hearing until November 17. Bobby seconded the motion. The vote to continue was unanimous. George announced that Stockbridge has lost a fine individual and a major contributor to this community and beyond with the death of Peter Berle this week. Peter accomplished a great deal with his life and was a frequent contributor to the environment. Peter was President of the Stockbridge Land Trust. He loved his family and grandchildren, and we extend our wishes to Lila and the family. Peter will be greatly missed in Stockbridge. The Selectmen announced that William and Martha Selke are moving to Lenox. It is with much reluctance that the Selectmen accept his resignation from the Zoning Board of Appeals and the Stockbridge Housing Authority. The Selectmen honored Myrtle I. Mercier with a special recognition on her 100th birthday. Myrtle will be 100 on November 12. With no other business the meeting adjourned at 7:40 p.m. A true copy, ATTEST: November 8, 2007 Present: George Shippey, Deb McMenamy, Bobby Flower, Clint Schneyer, Michael Blay, and Jorja Marsden Bobby made a motion to approve the minutes of August, September and October. Deb seconded the motion. The approval of the minutes of August, September and October was unanimous. Clint informed the Selectmen that the railing around the bottles and cans will be installed on Friday. The highway is piling clay at the landfill for work to be finalized in the spring. Michael Blay, Principal Assessor, came to inform the Selectmen that the Board of Assessors feels that their decision to place Kripalu on the tax roll should be settled with the Appellate Tax Board. The option for Kripalu is to pay the first half tax bill then file abatement and then appeal the Board’s decision to the Appellate Board. Deb made a motion to go into Executive Session for the purpose of discussing litigation. Bobby seconded the motion. Deb voted – yes, Bobby voted – yes, and George voted – yes. Bobby made a motion to go out of Executive Session and adjourn the meeting at 8:55 a.m. Deb seconded the motion. The vote to go out of Executive Session and adjourn the meeting was voted as follows: George voted – yes, Deb voted – yes, Bobby – voted yes. A true copy, ATTEST: November 15, 2007 Present: George Shippey, Deb McMenamy, Bobby Flower, Clint Schneyer, Nadine Kennedy, Tony Campetti and Jorja Marsden George informed the Selectmen that Conservation has stated that the on going evaluation regarding the beaver problem at Goodrich Street will be paid from the wetlands fund to Beaver Solution. Clint stated that they have completed work in Mahkeenac Heights that should allow for water to run away from Mrs. Levitt’s property. Also the harvester has been taken off the lake. Nadine Kennedy, Union Representative, and Tony Campetti, Shop Stewart, came before the Selectmen to make sure that on-call and overtime will be equal and that Article 19 of the contract is followed. A true copy, ATTEST: November 19, 2007 Present: George Shippey, Deb McMenamy, Bobby Flower, Mike Kulig-Berkshire Engineering, Attorney Lori Robbins, Myong Talbot, Lisa Bouchard, Chauncey Collins, Attorney David Hellman, Derek Gentile-Berkshire Eagle and Jorja Marsden George opened the public hearing for the Stockbridge Institute of American Crafts, LLC by reading the legal notice which appeared in the Berkshire Eagle on October 22 and 29. The applicant, wished to amend the special permit issued March 6, 2006 to convert a back room into office space. Attorney David Hellman representing Lisa Bouchard of Kinderhook Group requested to open a real estate office in the space. The original special permit was to have the space be part of an apartment or for storage space. The proposed office space would occupy approximately 308 square feet. The Planning Board has recommended denial of the amended permit as it violates a condition of the previous special permit. Attorney Hellman stated that the property was in the business zone and that the change of use is allowed in the business zone. Nine parking spaces would be needed for the 6 apartments and one for commercial space. There are 13 spaces listed on the original special permit. Attorney Hellman stated that the owner of the property has the property for sale. Kinderhook became the broker and wanted to rent space within the building. Lisa informed the Board that the phone is connected and the computer was turned on and then they learned the conditions of the previous special permit. The office never opened – everything is in boxes. George stated that the last Special Permit hearing with Mr. Rothbard was for apartments only. Mr. Rothbard told Lisa from Kinderhook to work it out. Lisa informed the Selectmen that the fence went up and that she is trying to contact the property owner behind the building to discuss specific screening. It was decided that a site visit should be made, and that the hearing should be continued. Lisa will inform the tenants that there will be a site visit. Deb made a motion to continue the hearing until December 3. Bobby seconded the motion. The motion to continue was unanimous. Attorney Lori Robbins and Michael Kulig of Berkshire Engineering representing Dori Laub and Isreal Inbar presented the special permit for a recommendation for the Planning Board. Ms. Laub and Mr. Inbar have a special permit before the Planning Board on December 11 for a common driveway at 42 Glendale Road. Attorney Robbins stated that the driveway will be shared by a two lot subdivision and a third lot owned by Alan Papscun. There is sufficient frontage. Attorney Robbins stated that the slope of the two driveways to be added are less then 10% grade. Engineer Mike Kulig stated that he had met with Clint (Highway Superintendent) and based on the topography he felt that it was approved. Bobby made a motion to recommend approval. A second was received by Deb. The vote to recommend approval was unanimous. Chauncy Collins, Director of Operations, of Austen Riggs Center came before the Board with a sign permit change request. Austen Riggs wishes to change the Administration Medical Office sign at 25 Main Street. The new sign will be 4 square feet, gray with white lettering with a green strip on top. The Planning Board recommended approval. Deb made a motion to approve the sign. Bobby seconded the motion. The vote was unanimous. Deb announced that there is a parking ban on the streets from November 15 through April 1. Also announced was the 18th annual Main Street at Christmasis scheduled for November 30 through December 2. With no other business, Deb made a motion to adjourn at 7:45. A second was received from Bobby. The vote to adjourn was unanimous. A true copy, ATTEST: November 26, 2007 Present: George Shippey, Deb McMenamy, Bobby Flower, Joe Kellogg, Project Manager, Gordon Bailey, State Building Office, Ken Jodrie, Architect, Bob Griffith, R. W. Hall Associates, Ned Baldwin, Building Inspector, Scott Muir, Facilities Manager, Don Schneyer, Sewer and Water Commission Chairman, Michael Buffoni, Water Superintendent, Jacob Nunnemacher, State Fire Marshall’s Office, Ken Burdick, State Fire Marshall’s Office, Joe Tracy, Deputy Fire Chief, and Jorja Marsden All parties met after a letter was received at the State Fire Marshall’s Office saying that the new offices do not have enough water flow. The third floor has a dry system and the flow to that floor is not enough. The ground, first and second floors are sprinklered. Discussion began as to what could be done for occupancy until such time as the tank is installed and a new water line is constructed from Church Street to Route 7 and 102. A true copy, ATTEST: November 27, 2007 The Selectmen, Building Inspector and Town Administrator met with Attorney David Hellman and Lisa Bouchard at 9 South Street for a site inspection with regarding to a special permit for office space at the location. The hearing has been continued until December 3. A true copy, ATTEST: November 29, 2007 Present: George Shippey, Deb McMenamy, Bobby Flower, Clinton Schneyer, Joe Kellogg, and Jorja Marsden Discussion continued about our option for water flow into the new building. It was noted that the building inspector and the fire chief could issue a conditional certificate of occupancy and that the State Fire Marshall’s office is advisory. Clint was looking into some options. It was decided that Joe should contact the tenants regarding our situation. It was decided that the Architect and Engineer, Louie Peyron, Ned Baldwin, Donnie Schneyer, Michael Buffoni, Ray Miyares, Clint Schneyer and Jorja Marsden would meet on December 4 with the Selectmen to discuss the flow situation With no other business, Bobby made a motion to adjourn the meeting. Deb seconded the motion. The vote to adjourn the meeting was unanimous. A true copy, ATTEST: