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		<subject index="0" >March 6, 2006</subject>

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March 6, 2006

Present: Deb McMenamy, Cris Irsfeld, George Shippey, Louie Peyron, Marilyn Dempsey, Attorney Ken Shearn, Richard Rothbard, Stan Rosen, Attorney Philip Heller and Jorja Marsden,  Mati Kiin, CTSB

A Reserve Fund request for $9,000. has been requested by Chief Richard Wilcox. The request is for $8000 for gasoline.  His estimate is to get him through until the end of the year, and another $1000 for supplies for oxygen, etc to get the Police through the end of the year. Cris made a motion to approve the request and to send it along to the Finance Committee for their review.  A second was made by George.  The vote was unanimous.

Cris Irsfeld made a motion to rescind an earlier motion regarding a life insurance policy for Louis Peyron.  Deb seconded the motion.  The vote was two for and one against.  Deb stated that the insurance policy doesn’t do what the Selectmen wanted it to.  George stated that his position is that the Town pays one half and Louie pays half as the general coverage is not just for coverage while on Fire Department business.  The decision was to write a letter to Louie stating that the policy would be paid this year only.  Also, the Town is looking into other coverage’s that would cover the McNamara bill and cover the volunteers over the age of 70.  

The Stockbridge Institute of American Craftsman’s special permit hearing was opened with the reading of the legal notice.  The Stockbridge Institute of American Crafts, LLC at 9 South Street would like to convert office space and gallery space into two additional apartments.  There will be no change in footprint or exterior appearance.  The property is located in the B zone and the application is made under 6.1.2.

Deb asked about the parking plan.  Attorney Shearn stated that they will need 1 ½ parking spaces per each unit and that there was adequate amount of parking spaces.  Attorney Shearn explained that the first floor apartment will be front to back.  It was explained that the small room in the rear with its own entrance formerly the VIP Travel will be an option for the tenant occupying the front right hand apartment.  If the occupant of the first floor apartment does not want the space in the rear, Mr. Rothbard suggested that he might use it for storage.  Attorney Shearn stated that the Board could make a stipulation that the rear apartment isn’t a separate rental.  The Selectmen voiced concern regarding the rear of the property and the lack of landscaping.  The Selectmen brought this concern to Mr. Rothbard before.  Mr. Rothbard stated that he would be happy to accommodate in anyway their concern regarding the rear of the property.  Deb read the recommendation from the Planning Board, which stated that the Board would recommend approval of the Special Permit provided that the issues of parking and the loss of commercial space are thoroughly reviewed.  Attorney Shearn stated that there was more demand for housing.

Cris made a motion to approve the application for two apartments made out of the commercial space, one on ground floor and one on the top floor with the following conditions: “a.  that the four small rooms on the west side of the building on the downstairs area not be created as other living space or rented separately: and b.  that the other condition be that a six (6) foot solid wooden fence with plantings be placed along your westerly property line from where your restaurant property line, along the former property of Buck Smith, the Wilkerson’s line down to your neighbor, Mary Ellen McCormick’s line to the Convenience Store property that a solid six (6) foot wooden fence with greenery be put along that line.  Planting would be nice along her side but I think we need to talk   with her family.  Mr. Rothbard stated that he would do whatever she would like.  The applicant’s attorney continued by saying that they would do it in consultation with Mrs. McCormick.  George seconded the motion.  Deb asked about the parking plan.  Attorney Shearn stated that he will have the surveyor insert on the plot plan the spots.  This is a 2004 survey of the entire area and we will either do that or we will have something that has already been certified by a surveyor or the Building Inspector and will provide it to the Board.

The Selectmen made the following findings:
a.	The proposed use exists with the general intent and purpose of the bylaw, there will be sufficient parking once reviewed on the plan and there will be no change to the appearance of the building.
b.	The proposed use is desirable to the public convenience or welfare in that the site is also already being used for the same purpose and there is a continual need for reasonably priced housing in Town.
c.	The proposed use will not be detrimental to adjacent uses or to the established or future character of the neighborhood because it is a use that already exists and the architecture and aesthetics will be changed for the better.
d.	The proposed change will not create undue traffic congestion or unduly impair pedestrian safety for the same reasons cited above.  There will be no change to the exiting traffic or pedestrian patterns.
e.	The proposed change 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 Selectmen unanimously voted the application as presented with the conditions.  Deb voted yes, Cris voted yes and George voted yes.

Deb McMenamy opened the public hearing by reading the legal notice.  I. Michael Goodman whose property is located at 18 Ice Glen Road wishes to reconstruct and alter the existing nonconforming two family dwelling by constructing additions onto the dwelling and by relocating the existing apartment to a new location over the proposed garage.   The property is located in the R-4 zone.  Application is made under 6.1.2. 

Attorney Philip Heller, representing Mr. Goodman explained that the property is pre-existing, nonconforming two-family dwelling on 9.89 acres with 200 feet of frontage on Ice Glen Road.  The south sideline setback is 31 feet and the zoning bylaws section 5.5 requires a setback of 50 feet and 300 feet of frontage.  Mr. Goodman would like to relocate the existing apartment to a new location over the proposed garage, construct several additions, screened in porch, atrium and decks and stairs.  The lot coverage is .38% and will increase to .66% below the 10% allowed.  The total habitable area of the residence with the additions will be 6,604 square feet, for a ratio of combined floor area of buildings on the lot of 1.5% which is below the 20% maximum.  Architect Marilyn Dempsey explained the additions and garage design. Mike Kulig explained that the septic system has been upgraded and will accommodate the five bedrooms.  Joe DeGiorgis went over the landscaping to screen the septic system and explained that a boardwalk will be built to walk from the back of the house, over wetlands to the sloping acreage to the rear of the property.  The Planning Board had reviewed the application and sent a favorable recommendation along to the Selectmen.  The Conservation Commission has issued a favorable Determination of Applicability.

George made a motion to approve the special permit for I. Michael Goodman as submitted.  Cris seconded the motion.  The Selectmen made the following findings (which were prepared by Attorney Heller):  a.  They are in compliance with all provisions and requirements of the bylaw, and in harmony with its general intent and purposes.  All of the proposed structure extensions comply with the applicable maximum lot coverage set forth in Section 5.5.  All of the extensions comply with the maximum lot coverage’s set forth in Section 5.5, and with the provisions of Section 6.1.2.(c).  The upgrading of the property is consistent with Section 1.3, Purposes, of the zoning bylaw as it will conserve the value of the land and buildings within the town.  b.  They are essential and desirable to the public convenience and welfare at the proposed location.  The property has been in a state of disrepair for many years, and the additions and upgrading of the property is desirable to the public convenience and welfare at this location.  Abutters will not be adversely impacted since there are sufficient setbacks.  c. They will not be detrimental to adjacent uses or to the established or future character of the neighborhood.  The neighborhood consists of large, well maintained homes on large parcels of land.  The design of the additions and renovations of the house as indicated by the elevations is consistent with the neighborhood.  The Stockbridge Conservation Commission has issued a negative determination as to impact on any wetlands and authorized the work as proposed.  There will be no adverse impact on the environment.  d. They will not create undue traffic congestion nor unduly impair pedestrian safety.  The dwelling being renovated will remain as a two family dwelling.  The driveway entrance from Ice Glen Road will not change, and therefore there will not be any adverse impact on vehicular or pedestrian traffic.  e. They will not overload any public services to the location. The property is served by town water and subsurface sanitary septic system that has been designed in accordance with the Massachusetts State Sanitary Code.  The vote to approve the application was unanimous.

Attorney Philip Heller and client Stan Rosen came before the Board regarding a Use Permit for property at 70 Interlaken Road.  Mr. Rosen had requested a change in use in September, 2004 to convert the two-story building with 3 apartments into a five room Bed and Breakfast pursuant to Section 4.11.B.3 of the bylaw and retain the pre-existing multi-family use in the one-story 2 apartment building.  At this time circumstances have changed for Mr. Rosen as he wishes to retain the two apartments in the pre-existing multi-family building and retain the three apartment dwelling and not create a Bed and Breakfast.  The Building Inspector, Ned Baldwin, had concerns regarding this application to change the use. A motion was made by George to continue the hearing until March 20.  A second was received from Cris.  The vote to continue until March 20 was unanimous.

Peter Williams and Carl Sprague from the Historic Preservation Committee came before the Selectmen to update them on the progress of the Historic Preservation Delay Bylaw.  The committee continues to work on this proposed bylaw, it has been tweaked from the bylaw that they have been working on.  A public meeting will be held soon to discuss the proposed bylaw with the public, FAQs will be made, and a letter will be sent out to all voters regarding this proposed bylaw.  The committee feels that this bylaw will be ready for this years Town Meeting.  The Selectmen will place the bylaw on the warrant for the May meeting.  The Board stated that Carl and Peter have kept them as well as the public informed and to keep up the good work.

Discussion was held about the agreement of the Board and the Finance Committee to place a question on the Annual Town Election ballot for debt exclusion for the plain School Town Office Project.  On a motion by George Shippey, seconded by Cris Irsfeld, the Board voted 3-0 to place the following question on the ballot:  “; and a Debt Exclusion Ballot “Shall the Town of Stockbridge be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bond issued for the Plain School Town Office Conversion Project?””

Cris made a motion to adjourn at 8:40 p.m.  A second was received from George.  The vote was unanimous to adjourn at 8:40 p.m.

						A true copy, ATTEST: