<FCFORMSHEADER>
<?xml version="1.0"?>

<!DOCTYPE FIRSTCLASS SYSTEM "firstclass.dtd">

<firstclass>

	<fcobject objtype="oDocument" formid="96" objname="New Document">

		<subject index="0" >2003-06-02</subject>

		<field id="8010" index="0" type="text">New Document</field>

		<field id="2000" index="0" type="number">0</field>

		<field id="3999" index="0" type="number">0</field>

	</fcobject>

</firstclass>

</FCFORMSHEADER>
June 2, 2003

Present:  Cris Irsfeld, Deb McMenamy, George Shippey, David Potter, Helen Pigott, Bob Stevens-Camera, David Hellman, Mr. and Mrs. Jerome Sugar, Mary Flynn, Lila Ruggio, Shawnie Barnes-Berk. Record, Don and Chris Deno, and Jorja Marsden

Since this is the first meeting after the Town Meeting, the Selectmen reorganized.  Deb made a motion to make Cris Irsfeld the Chairman, a second was received from George.  The vote was unanimous.  Deb made a motion to have George be the Clerk.  A second was received.  The vote was unanimous.

Cris thanked the Berkshire Theatre Festival for allowing us to have our Annual Town Meeting at the Theatre. The sound and lighting was good.  Cris recapped the meeting by saying that most of the money articles passed, some of the zoning articles passed, the Conservation Commission article regarding a consultant did not pass.  Deb stated that the Memorial Day Parade, ceremony and picnic was wonderful, even without good weather.  Homer Mead, the speaker for the ceremony gave a wonderful speech which will be placed on the Web Site and will be placed in the Town Report for 2003.

Lila Ruggio, representing the Laurel Hill Association, along with Mary Flynn came before the Cemetery Commission to request permission to place a 12” by 24” granite marker in front of the grave of Mary Hopkins Goodrich.  She was the founder of Laurel Hill Association in 1853.  Helen Pigott, a member of the Commission representing the Laurel Hill, asked if the engraving could be done at the base of her stone.  The Selectmen and Lila thought that would be a good idea.  Lila will talk to Paul Arienti, who is carving the marker, to see if it can be done on the stone that is already there, if not then the marker will be placed in front of her stone for the 250 anniversary of the Laurel Hill.

Mary Flynn announced the 250th anniversary celebration of the Laurel Hill Association will be on August 16, 2003.  Mary will be the guest speaker.  On August 17, 2003, the Mary V. Flynn Trail along the Housatonic River and tracks will be opened.

Cris opened the special permit hearing for Dr. Jerry and Kathleen Sugar.  Dr. Jerry and Kathleen Sugar, 27 Mahkeenac Terrace, represented  by Attorney David Hellman, would like to modify a special permit granted March 18, 2002 to add a full basement, second story and enlarge the existing dwelling, none of the work to be further in violation of setbacks or height limitations.  The rooflines and facades have changed from the permit application granted in March, 2002.  The property is in an R-2 zone.  Application is made under 6.1.2.  Also read into the record was the recommendation from the Planning Board.
 The Planning Board recommended approval as the proposed project is larger in scope than the originally approved application even though the footprint is not changing and it meets the requirements under section 6.1.2 b & c of the bylaws.  The Sugars are adding approximately 163 square feet of living space.  All the hip roofs will be gambrel.  The lot coverage is under 10%.  The full basement will be for storage.  Attorney Hellman stated that they have received an amended Order of Conditions from the Conservation Commission.  George asked when the demolition would begin.  David stated after September and the project will be completed by June 1, 2004.  Dr. Sugar stated that he would become a full time resident at that time.

The following findings were made:
(1)	The proposed use is in compliance with all provisions and requirements of ZBL and is in harmony with their general intent and purpose, because the demolition and reconstructions is a permitted use by special permit and is in harmony with the general intent to allow for scrutinized reconstruction of prior nonconforming uses.
(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 enhance the visual appearance of the property.  This amended version of the previously approved plan remains on the same footprint and varies only slightly with respect to its elevations from the previously approved plans.
(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 significantly and most of the dwelling in the area and on the lake are 2 story dwellings.
(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 affecting the general public will not change.
(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 existing use will be unduly subjected to hazards affecting public health, safety or general welfare.  The premise is served by a private water supply and tight tank septic system and will be connected to town sewer as soon as available.
(6)	The reconstruction will not be in greater nonconformity with open space, yard and off-street parking requirements or any other requirement of the ZBL as the lot coverage, side yard setbacks and parking requirements are not creating any greater nonconformities than the existing conditions and furthermore the proposed reconstruction will not be more detrimental than the pre-existing non-conforming structure or use to the neighborhood in that it will be visually more attractive.

A motion was made by George to approve the redesign of the Sugar’s house.  A second was received from Deb.  The vote to approve the application was unanimous.

Next on the agenda was the special permit for the Bruce and Joan Cohen, 84 Interlaken Road.  Cris read the legal notice.  The Cohen’s, represented by Attorney David N. Hellman, wish to demolish the existing house and accessory buildings and build a new house, move existing septic fields several hundred feet from lake, remove deck, install trees and shrubs between lake and house.  None of the work proposed shall create any greater nonconformities.  The property is in an R-2 and R-4 zone.  Application is made under 6.1.2.  

The Planning Board recommended approval to the Selectmen of the significantly smaller project.  Attorney Hellman stated that the project is reduced from the previous permit with the living space only be 4640 square feet rather 5637 square feet.  The applicant is also moving the dwelling further from the lake, rather than only being 112 feet now it will be 126.3 feet from the lake.  The lot coverage will be 1.6%.  Don and Chris Deno came as abutters.  They had no comment.  George asked if anything would be done with the boat house.  Attorney Heller stated that cosmetic only, no change to the foot print.  George stated that it was a historical landmark at the lake and that he hoped that the integrity would be maintained.  Attorney Heller also stated that the garage and the shed near the Deno’s would be taken down.

The following findings were made:
(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 demolition and reconstruction is a permitted use by special permit and is in harmony with the general intent to allow for scrutinized reconstructions of prior nonconforming uses.
(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 enhance the visual appearance of the property.  This amended version of the previously approved plan is smaller and makes less of a visual impact on those using the Stockbridge Bowl.
(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 significantly and most of the dwellings in the area and on the lake 2 story buildings.
(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 affecting the general public will not change.
(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 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 passing septic system and will be connected to a new septic system significantly further from the Stockbridge Bowl than the existing system.
(6)	The reconstruction will not be in greater nonconformity with open space, yard and off-street parking requirements or any other requirement of the ZBL as the lot coverage, side yard setbacks and parking requirements are not creating any greater nonconformities than the existing conditions and furthermore the proposed reconstruction will not be more detrimental than the pre-existing non-conforming structure or use to the neighborhood in that it will be visually attractive and have a smaller impact than the previously approved special permit.

Deb made a motion to approve the application as amended.  A second was received from George.  The vote was unanimously approved as all the necessary findings were met.

Elm Court Realty has asked the Selectmen to review the site plan of Elm Court.  After the Berle’s went to the Town of Lenox (frontage and entrance of the property is in Lenox) to receive permits for their plan for the property, the decision of approval was that the Berles change the front parking farther away from the street and entrance.  Therefore the Selectmen needed to review the change of the parking lot which would be located nearer to the estate.  George moved to accept the revision of the plans as presented.  Deb seconded the motions.  The vote was unanimously approved.

The Selectmen voted to execute the taking of the land formerly occupied by a track of the Berkshire Street R.R. Company located in the village of Glendale on the easterly side of Route 183, shown on the Assessor’s Map 9 and located south of lots 40 and 41 and north of lot 39 totaling approximately .3 miles.  

Deb made a motion to appoint the following officials for 2003:

Highway Superintendent			Clinton E. Schneyer, Jr. for one year – 2004 
Veteran’s Agent				Al Adams, District Director for one year – 2004  
Board of Registrars			Anne Sparks for three years – 2006
Berkshire Regional Transit Authority	John Cronson for one year – 2004 
Zoning Board of Appeals			Patricia Flinn, Associate for one year – 2004
						Thomas Schuler Associate for one year – 2004  
						William Harris full member for four years-2007	
						Linda Day for five years-2008 			
Conservation Commission			George Shippey for three years – 2006
					Charlotte Underwood-Miller for three years - 2006            
Community Preservation 			Thomas Stokes for one year – 2004 
						David McCarthy for one year – 2004
Wire Inspector  				Robert Clausen for one year – 2004 
Cable Advisory Committee    		J. Cristopher Irsfeld for one year – 2004	
						Neil Holden for one year – 2004 
A second was received from George, the vote was unanimous.

      The Selectmen stated that they are looking for a volunteer to represent them on the Berkshire Regional Planning Commission.

At the Town Meeting, an article was approved to create an Historic Preservation Task Force.  The Selectmen are looking for five volunteers, anyone interested should contact Jorja.  The Task Force will be looking at a possible Historic District and the bylaws to protect the Town.

The Selectmen are in receipt of a check in the amount of $24,000 from the Boston Symphony Orchestra which represents their payment in–lieu of taxes.  The Boston Symphony is an asset to the Town.  Deb stated that the BSO has been working with the Town after the traffic problem of last year.  The James Taylor created a lot of congestion, however the BSO has worked very well with Chief Wilcox and the Selectmen on trying to eleviate the problems.

As we always like to do, the Selectmen share letters of praise for the Town employees.  A letter to Chief Wilcox from Kripalu thanks the Police Department for the professionalism and quick response of the department.  Another letter received from Miriam and Donald Sommers was read for the good work that the Fire and Rescue and Police Department do, especially after Donald was taken to the hospital.  Also announced was the appointment by Governor Mitt Romney to Chief Richard Wilcox to the Municipal Police Training Committee.

With no other business, Deb made a motion to adjourn at 8:00 p.m.  A second was received from George.  The vote was unanimous.

						A True Copy, ATTEST: