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November 3, 2006

Present:  Deb McMenamy, Cris Irsfeld, George Shippey, Chief Richard Wilcox and Jorja Marsden

Cris made a motion to approve Change Order # 2 which includes an upgrade to the landing doors and frames to the elevator, additional non-asbestos ceiling demolition, furnish and install new drain inlet and piping, furnish and install new catch basin at the deteriorated existing one and new 12" piping between another catch basin and change lockset design from rose trim to escutcheion plate trim.  A second was received from George.  The vote was unanimous.
 
Cris made a motion to go into Executive Session regarding personnel issues.  George seconded the motion.  The vote to go into Executive Session was unanimous.  Deb - yes, Cris - yes and George - yes.

George made a motion to go out of Executive Session and adjourn the meeting.  A seconded was received from George.  The vote to go out of Executive Session and to adjourn the meeting was unanimous.  Deb - yes, Cris - yes, and George - yes.

					A true copy, ATTEST:

November 6, 2006

Present:  Deb McMenamy, Cris Irsfeld, George Shippey, Bruce Kaden-CTSB, Attorney David Hellman, Robert Wiseman, Sarah Stiner and Jorja Marsden

Deb read opened the Special Permit for Robert and Karin Wiseman at 3 Oak Lane.  The Wisemans wish to raise the existing house, construct a frost wall and add an approximate 10 foot by 4 ¾ foot addition to provide access to the crawl space.  The property is located in the R2 zone.  Application is made under 6.1.2. 

Attorney Hellman explained that the house would be raised 4 feet to provide access for a frost wall foundation.  Mr. Wiseman explained that the house is very close to the ground and by putting the frost wall in would allow space for heat to be put into the house.  The small addition will be built to gain access into the newly created space.  The change in height of the overall building will be about 1 foot.  The proposed construction will not be closer to sideline than the exiting setback.  The lot coverage will be approximately one percent lower than the permitted of 10%.  Attorney Hellman stated that they have received an Order of Conditions from the Conservation Commission.

Deb read into the record the favorable recommendation from the Planning Board.  Also, the following findings prepared by Attorney Hellman were read into the record. 
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 small addition is a permitted use by special permit and is in harmony with the general intent to allow for scrutinized extensions of prior nonconforming structures. 
2.)	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 the change will make the house more substantial by removing it from piers and installing a frost wall and foundation.
3.)	The proposed use will not be detrimental to adjacent uses or to the established or future character of the neighborhood because; it will be served by town sewer, and is in keeping with the general appearance of the abutting buildings and in the Beachwood section of Stockbridge in general.  To the untrained eye, few will even notice the addition which is toward the rear and is merely for gaining access to the crawl space.
4.)	The proposed change will not create undue traffic congestion or unduly impair pedestrian safety.  Once again, this site is already being used for the same purpose as proposed and the traffic pattern will not change in any significant manner.
5.)	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 exiting use will be unduly subjected to hazards affecting public health, safety or general welfare.  The premise is served by a private well on the property and town sewer.  There is no addition of bedrooms from the current use and the related site work has received an Order of Conditions from the Conservation Commission.
6.)	The reconstruction 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 the combined total floor area of the structures on the lot to the lot size are well below the permitted allowance (1.04% lot coverage and volume coverage as this is a single story dwelling on approximately 2.7 acres with a footprint of 1212 square feet after development; there is no change in the front setback nonconformity of 27 feet 6 inches (less than the 40 foot current setback), and the north side yard setback, while currently nonconforming at 24.9 feet is not being made more nonconforming by the proposed construction but is being kept the same;  the road frontage which is 165 feet instead of the current requirement of 250 feet is unchanged.  The height of this single story dwelling is not being increased and is nevertheless within the 35 foot allowance permitted by the ZBL.  Therefore, the proposed structure is not in greater nonconformity with the requirements of the ZBL than the exiting structure; and furthermore the proposed construction will not be more detrimental than the pre-existing non-conforming structure or use to the neighborhood in that it will be an improvement to the neighborhood to have a more substantial structure to replace the existing structure set on piers.

Cris made a motion to adopt the findings as read and approve the application under 6.1.2 of the zoning bylaws as presented.  George seconded the motion.  The vote to approve the application for the Wiseman's was unanimous.

Sarah Stiner of Creative Building Solutions came to review a special permit application 
for Brandie and Donald Holmes of 9 Castle Hill Road.  The special permit is with the Planning Board.  The Holmes wish to build a breezeway and garage with a living space above.  Sarah stated that she went to the Historic Preservation Commission at 5:00 this evening and is hoping for their approval.  The application has received a non- jurisdictional finding from the Conservation Commission.  Sarah pointed out that there is more than enough lot coverage for to meet the setbacks.  

Cris made a motion pending approval of the Historic Preservation Commission that the Planning Board approves this application.  A second was made by George.  The vote to recommend approval was unanimous.

Deb read into the record a letter received from the Stockbridge Land Trust informing the Board of Selectmen that their chestnut nursery project was the beneficiary of some manpower through the Sheriff's Community Service Program.  The land trust has planted approximately 400 chestnut trees and the community service program pulled weeds and spread mulch around all of them.

Cris stated that the Plain School Town Office Conversion Project is on schedule, the new entry foundation has been poured and the new plumbing has been started.   Deb continued by saying that the geothermal wells will be drilled starting this week.  Each well will take approximately a week of continual drilling from 7 am until 5 pm.  The contractors have stated that the drilling will create a very loud noise that will be continuous.  The Board appreciates the patience everyone has extended to the Town for this project and asks for their continued patience.  The geothermal wells are a part of the Towns effort in making the building a green building.

George stated that the speed humps have been placed on Elm Street.  Traffic is visibly slowing down.  

George made a motion to adjourn at 7:32 p.m.  Cris seconded the motion.  The vote to adjourn was unanimous.

					A true copy, ATTEST:

November 9, 2006

Present: Deb McMenamy, Cris Irsfeld, George Shippey, Steve McMahon, and Jorja-Ann Marsden

Steve McMahon came before the Selectmen to inform them that the Housatonic Natural Heritage has been designated as a National Designation by the President of the United States. The preservation area of the Housatonic River designated is from Pittsfield south through northwestern Connecticut.

Kripalu is attempting to change their postal address to Stockbridge. Deb has been asked by representatives of Kripalu to speak to the Stockbridge Post Office concerning this endeavor.

George updated the Board on the Green Choice Project through the National Grid Company and CET. Stockbridge did reach its goal of 3% and that there is a balance of $7930.47 for a solar project with the Town. George will meet with a representative to go through the town buildings to see if they would qualify for a solar project.

The Senior Work off Program was reviewed. Some questions arose, therefore, the discussion will continue regarding this subject. 

A letter received from the Police Union negotiator was reviewed.

With no further business the meeting was adjourned.

A true copy, ATTEST:

November 13, 2006

Present: Deb McMenamy, Cris Irsfeld, George Shippey, Jim Hunt-RLI, Nick Diller-CTSB, and Jorja Marsden

The continuation of the Red Lion Inn special permit to construct a new canopy and foundation for the existing entry into the Courtyard Dining Area was opened. 

Deb stated for the record that she is an employee of Country Curtains and the Rule of Necessity is invoked for this application.

Mr. Hunt, representing the Red Lion Inn, stated that the archway would resemble the Lion's Den Canopy and the pillars on the porch.  However it would encroach on the setbacks.  He presented a letter written by Gerald A. Denmark on behalf of Berkshire Bank.  The letter from Berkshire Bank states "…have no objection to it being placed in part on the property of Berkshire as depicted in your drawings….."

Deb read into the record the decision of the ZBA.  "Citing the facts that (1) the Bank is already on the property line, (2) the Bank has already agreed to the arch, and (3) the arch is obviously not an encumbrance on the abutter.  Member Jim Murray made a motion to grant the variance.  Member Linda Day commented that the use is the same; the arch just clarifies the use.  Member Tom Schuler thought the appeal was a reasonable request."  Deb continued by reading the summary findings:
"	Hardship if the bylaw is enforced - The situation is unique, since there is only one entry to the Courtyard from Main Street, and there is no line-of-sight into the area.  Without the arch, the public would not be able to see that dining is available in the Courtyard, and business would suffer.
"	There is no harm to the public good
"	Zoning is not nullified 

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.	is essential or desirable to the public convenience or welfare at the proposed location; 
c.	will not be detrimental to adjacent uses or to the established or future character of the neighborhood; 
d.	will not create undue traffic congestion or unduly impair pedestrian safety; 
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. 

George made a motion to approve the application as submitted under section 6.1.2 of the Zoning Bylaws.  A second was received from Cris.  The vote to approve the construction of a new canopy and foundation for existing entry into Courtyard Dining Area was unanimous.  

The following announcements were made:
Flu Clinic- 11/14 from 1:30-4:30 at Town Hall
Classification hearing will be held November 27 at 7:00

Cris stated that he has received positive feed back regarding the speed humps on Elm Street. The Highway Department will be painting white or yellow stripes around the humps. Cris also said that the Highway Department will be paving the sidewalk from South Street to the Town Hall.

Deb asked for continued patience regarding the new Town Office project as we anticipate that the drilling of the geo-thermal wells may begin this week.

Everyone was wished a Happy Thanksgiving. 

Cris made a motion to adjourn at 7:18 PM. George seconded the motion. The vote to adjourn was unanimous.

A true copy, ATTEST:

November 21, 2006

Present: Selectmen- Deb McMenamy, Cris Irsfeld, and George Shippey. Nadine Kennedy-Union Representative, Anthony Campetti-Shop- Steward, and Jorja-Ann Marsden-Town Administrator

Cris Irsfeld made a motion to go into Executive Session at 1:00 p.m. regarding personal issues. A second was received from George. The vote to go into Executive Session was unanimous.

Cris made a motion to go out of Executive Session at 2:45. George seconded the motion. The vote to go out of Executive Session was unanimous. 

A true copy, ATTEST:

November 27, 2006

Present: Deb McMenamy, Cris Irsfeld, George Shippey, Rudy Hoeltzel, John Hart, Neil Holden, Carol Owens, Jim Balfanz, Mary Boyce, Karin Passmore-CTSB, Michael Blay, Derek Gentile-Berkshire Eagle, and Jorja Marsden

The meeting opened with the Selectmen holding Tax Classification hearing. The hearing addressed the issue of selecting a residential factor which will determine the percentage of tax burden to be borne by each class of property for the fiscal year 2007.
Michael Blay, Principal Assessor, representing the Board of Assessors, presented to the Selectmen with a document regarding the reasoning to keep a Residential Factor of 1.00, thus resulting on a single tax rate for Stockbridge.

The following is taken from the document:

"The Board of Selectmen do have the option of shifting the burden of the levy to the Commercial, Industrial and Personal Property classes. This would result in a split tax rate with the later being higher than the residential tax rate.

Shifting the Burden:
	
	The Selectmen can decide to shift the tax rate up to 150%. If you do shift the 
burden it must create a Residential Factor that is no lower than the Town's Historical Factor. The Lowest Residential Factor that the Town can 
shift to is 94.6449 percent.

There have been expanded Minimum Residential Factor Parameters that 
fall under Chapter 200(12) and Chapter 3(13) that do allow the           
maximum C.I.P shift to go as high as 183% for Fiscal Year 2007, but
there are additional guidelines that pertain to these maximum shifts.
											
     The Board of Assessor's can not see any justification in shifting the burden
when the Commercial, Industrial and Personal Property classes only make up 9.6658
percent of the entire Levy."									                              

Cris stated he was comfortable and understood that a single tax rate is right for us as we are a small community. 

George had no problem either, and couldn't see justification for any other way.

John Hart asked about a Residential Exemption. Michael had prepared the following in answer to Mr. Hart's question.

"The Board of Selectmen also have the option to allow a Residential Exemption,
Open Space Discount and Small Commercial Exemption.

	Residential Exemption:
The Residential Exemption is one of three opinions that may be adopted by the Board of Selectmen during the Tax Classification process before setting the Town's tax rate.

If adopted the Residential Exemption may be up to twenty percent of the average assessed value of all Residential Properties.

A Residential Exemption applies to every residential property which is the principal residence of a taxpayer.  The Residential Exemption does not apply to accessory land incidental to a residential use, summer home or to residential property not occupied by it owner.  This would include rental properties.

In addition, the application of the exemption may not reduce the taxable value of the property to less than ten percent of its full and fair cash value.

The dollar value of the exemption is subtracted from the assessed value of every eligible property. 

Calculation of Residential Exemption
(Using Actual Numbers)

A.	Find the average assessed valuation for Residential property by dividing the Total Assessed Valuation of the Residential class by the number of Residential parcels.
734,072,100  (Total Assessed Valuation)
____________
= 437,991 (Average Res Value
1,676		(Total Residential Parcel Count)

B.	Find the dollar amount of each Residential Exemption by multiplying the average assessed value by the chosen percentage for the Residential Exemption (may be up to 20 percent).

437,991 X .20				= 87,598 (Res Exemption Amt)

C.	Apply the Residential Exemption to each Residential parcel which is the principal residence of the taxpayer.

In order to apply the exemption, it must be determined which parcels are eligible.  I have estimated the eligible parcels to be around 620 parcels.

The Residential Exemption (87,598) is multiplied by the eligible parcels (620) to determine how much value is taken from the total Residential Class.  This number is 54,310,760,

A new tax rate for the Residential Class is then calculated.  This tax rate will be higher than the Open Space, Commercial, Industrial and Personal Property Classes if maintaining a Residential Factor of 1.00.

The new Residential Tax Rate using the above numbers would be recalculated to $7.82 (estimate).  This would be an increase of .58 cents over the rate that is being estimated ($7.24) for Fiscal Year 2007.  It would be an overall increase in the tax rate of $1.08 from Fiscal Year 2006 to Fiscal Year 2007.

It is very important to note that only those properties that are at or below the average assessment would benefit the most from this exemption.  There are an estimated 378 residential properties under the average assessment.

	Also to note that there are currently no other communities in the western part of the state that have adopted a residential exemption.

Open Space Discount
This does not apply since the open space class is now part of the Residential Class.

	Small Commercial Exemption
This is an exemption that may be granted to all Class Three, Commercial properties that are occupied by businesses with an average annual employment of no more than 10 people and an assessed valuation of less than $1,000,000.

The exemption may not exceed 10 percent of the assessed value of each eligible Class Three, Commercial property.

Adopting a small commercial exemption increases the commercial and industrial tax rates.  The amount of the tax levy paid by those two classes remains the same, but because of the exempted valuation, it is distributed over less assessed value.

This higher rate creates a shift that reduces the taxes paid by owners of properties occupied by small businesses and shifts them to larger commercial and industrial taxpayers.

The Board of Assessor's do not recommend the adoption of any of these options."

John Hart continued by saying that the problem he felt was in the fair market
value as it is a burden for some. 

Deb stated that the town was working on programs that would help individuals.  We have, besides the regular exemptions, an Elderly and Disabled Exemption and we are working on regulations for a Senior Work off Program. Also mentioned was the review of all non-profit group status, and the DeSisto property will probably be placed on the tax rolls in the near future.

George made a motion to keep a Residential Factor of 1.00. Cris seconded the motion. The vote was unanimous.

The Board thanked Michael Blay for coming in and explaining all the options to them and the tax payers.

Jim Balfanz, Chairman of the Recycling Center Committee came with committee members Rudy Hoeltzel and Mary Boyce to give an overview of where the committee is
at this time. The committee has outlined three criteria in reviewing the recycling site: Environment, Space limitations, and economics. The land to the left of the drive into the Highway Department is in conservancy. One item that has been clear is that the Swap Shop and the Recycling Areas should be closer so the attendant can better oversee operations. The committee thought that possibly moving the attendant to the middle of the lot would help with overview and also with traffic flow. It may be possible to use the building located there or to create a new one. 

Signage was also discussed. A proposed plan to temporarily open the Swap Shop during the cold weather was presented to the Selectmen.

The committee would like to have the Swap Shop open Mondays, Thursdays, and Saturdays at this time. Beginning in April, have it open when the compactor is in operation. The committee has worked hard on a management plan for the Talbot Center which was presented with a list of volunteers. Deb suggested that the Selectmen go on a site visit prior to approval of the plan. George commended the committee on the work that has been done to date. Cris stated that before he voted he wanted to go over the volunteer list as he had a problem with some of the names. George made a motion to allow permission to clean up the Talbot Center. Cris agreed to second the motion only for the clean up. The vote was to give permission to clean up the Talbot Center, then notify the Board so they could have a site visit.

Jim stated he would contact the Selectmen when the center is clean so they could do their site visit. 
George made a motion to adjourn at 8:25 pm. Cris seconded the motion. The vote to adjourn was unanimous.

A true copy, ATTEST:

November 29, 2006

Present: Deb McMenamy, Cris Irsfeld, George Shippey, Clint Schneyer, and Jorja Marsden.

George made a motion to go into Executive Session at 8:00 AM to discuss personnel issues. Cris seconded the motion. The motion to go into Executive Session was unanimous.

George made a motion to go out of Executive Session and to adjourn the meeting at 9:00AM. Cris seconded the motion. The vote to go out of Executive Session and adjourn the meeting was unanimous. 

A true copy, ATTEST