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November 17, 2003

Present:   Cris Irsfeld, Deb McMenamy, George Shippey, Michael Brozek-O’Connell Oil, Keith Coppins-Site Acquistions, Tim Burks-Cingular, Attorney Laurie Robbins – Richard Rothbard, Anthony May-Rothbard, Derek Gentile-Berk. Eagle, Cameraperson, and Jorja Marsden

Cris opened the meeting by stating that Michael Abdalla would like to place a four foot fence around back so as to allow patrons to be able to smoke.  All establishments within Stockbridge are smoke free.  At Michael’s there have been patrons going out the back door with their beer and smoking.  The patrons do need somewhere to go, however we also need to follow the rules set by the Health Department.

The public hearing for a repeater special permit application submitted by Site Acquisitions, Inc. d/b/a Metro Tower to mount two repeaters on an existing cell tower at 24 West Stockbridge Road was opened.  The two repeaters are for Cingular Wireless and Sprint. The property is in an R-4 zone.  Application is made under 6.25. 

Keith Coppins representing Site Acquisitions and Tim Burks representing Cingular were present for the hearing.  Mr. Coppins stated that the tower should be going up on Thursday, and operational by December 1.  It was noted that coverage would extend throughout most of Stockbridge with the two towers – one at 30 East Street and the other at 24 West Stockbridge Road.  The compound was designed for six carriers and with the possibility that if requested the tower could be extended 30 feet above 150 making it 180’ with another special permit.  A concern regarding the chain link fence around the compound was addressed.  Since the fence is within the Sportmen’s property, and two sides are shielded by trees, a mesh will be used on the other sides.

The Planning Board stated that “the application seemed to meet the letter and intent of the towers bylaw, and now provides cell coverage for all the major cell companies on one tower, the Board voted to recommend approval to the Selectmen of the modified special permit application for Site Acquisitions, Inc. to include Sprint and Cingular as additional co-applicants to the existing application.”

Deb made a motion to approve the addition of Sprint and Cingular as two repeaters.  George seconded the motion.  The motion was unanimous to allow Sprint and Cingular to be added to T-Mobile and AT and T at 24 West Stockbridge Road.

Michael Brozek, Environment Compliance Services, came to discuss a remedy to alleviate a problem that the Convenience Store at 11 South Street is having when oil is delivered to the location.  The solution that the firm is considering is place a trailer approximately 4’x6’ by 5’ high in the rear of the property.  The trailer would contain a generator, compressor and blower which they are suggesting would run from 8:00 a.m. until 4:00 p.m. everyday for one year.  

The abutters were notified of this meeting tonight.  A letter was read from Richard Rothbard who was concerned about the noise level.  The McCormicks were very upset and concerned about the placement of trailer and the noise as it would be very visible from their residence. 

The Selectmen stated that they could not allow this solution and suggested that Mr. Brozek come back to them with another alternative.

Attorney Laurie Robbins representing Richard Rothbard of the American Craftsmen Café, came with a Use Permit for 7 South Street.  The building is a two story structure with an existing restaurant on the 1st floor and an apartment on the second floor in the Business District.  The applicant presently displays crafts in the café.  As a related minor use, Mr. Rothbard intends to sell the displayed crafts to his patrons of the café.  Attorney Robbins had been before the Planning Board with the Use Permit.  The Planning Board stated “that the retail sale of crafts does not meet the definition of an accessory use to a restaurant in Section 2.2 of the Zoning Bylaws.  However, the Board voted 6-1 in favor of the following motion:  that while retail sales appears to be a principle use instead of an accessory use, the Selectmen may find it worth considering that the addition of a gallery as a principle use in a portion of the restaurant space would be allowed as an additional multiple business use on a lot, allowed in the B-Zone.  It was also noted that there might be issues with off street parking requirements if this option is explored.”

Discussion followed with regard to the special permit of March 4, 2002 that was scaled down.  Mr. Rothbard stated that it would be a small café and that hopefully the patrons would like what they see and go next door to the gallery to purchase merchandise.  Anthony May, chef, stated that they are referring everyone to the Main Street store and that the people would rather just purchase items at the café.

It was decided to allow a designated area in the reception area for retail.  Deb made a motion to allow for the retail space within the designated area near the reception area.  A second was received from George.  The vote was unanimous.

The Board of Assessors wrote a memo to the Selectmen regarding Chapter 59, Section 2D, The Hopkinton Bill suggesting that the Selectmen reject this bill.  The memo stated that this bill imposes a supplemental property tax assessment on certain improvements to real estate constructed after January 1 once an occupancy permit is issued.  The town would have to generate a separate tax bill to those properties in which this new law applies.  The new law is meant to establish additional revenue based on properties that have an occupancy permit issued after January 1 and up to June 30th.  The Board of Assessors went on to say that they already assess new construction at the highest value allowed by the market and have always used the January 1 date as their assessment date.  They do not see this tax as being fair, because only those who have issued an occupancy permit will be sent an additional tax bill.

The Selectmen agreed with the Board of Assessors.  Deb McMenamy made a motion to reject Chapter 59, Section 2D – Hopkinton Bill on the grounds outlined within the memo from the Board of Assessors.  George Shippey seconded the motion.  The motion to reject the Chapter 59, Section 2D-Hopkinton Bill was unanimous.

It was announced the Stockbridge Police Department has received a $7000.00 Traffic Enforcement Grant through the Governor’s Highway Safety Bureau.

There has been a police presence on Elm Street, tickets have been issued.

With no other business the meeting adjourned at 8:13 p.m.

						A true copy, ATTEST: