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February 9, 2004

Present:  Cris Irsfeld, Deb McMenamy, George Shippey, Bob Balogh-Berk. Record, Attorney Philip Heller, Tom Flynn and Chuck Regulbuto-Nextel and Jeremy Clowes-CTSB.  Jorja Marsden was absent due to illness.

 
The continuation of the Douglas special permit was opened.  It was noted that the Planning Board had approved the application under the Lake and Pond Overlay and verbally recommended approve of this application.  (The PB secretary’s email was down therefore we did not receive the recommendation until after the meeting closed.)

The Selectmen voted the following findings under Section 6.1.2 for the Douglas Special Permit:


1.	The changed and altered dwelling will not be in greater conconformity with open space, yard and off-street parking requirements. The second story addition is being constructed on a pre-existing, nonconforming structure, and there will be no change in the setback from the southerly property line. The lot coverage will remain at .06%, and the ratio of combined floor area of the building on the lot will be 12%, below the 20% requirement of the bylaw. 
2.	The change and alteration will not be more detrimental than the existing
nonconforming structure to the neighborhood. There is sufficient screening on the south side of the property to screen the addition from the abutter, which is the town beach. The dwelling is set back 144 feet from Mahkeenac Road, which setback effectively screens the dwelling from the road. There will be no change in footprint or setback as a result of the construction. The height of the structure will increase from 23'-5" to 32'-4" in conformity with the height requirements under Section 5.5, Table of Dimensional Requirements, which allows for a height of 35 feet.   The ratio of combined floor area of building on lot will be 12%, significantly below the 20% requirement of Section 5.5(h). 
	3.	The proposed change and alteration is in conformity with Section 6.3.6 of the bylaw as follows: 
a.	The change and alteration is in compliance with all provisions and 
requirements of the bylaw and in harmony with its general intent and purposes. Section 6.1.2(b) specifically allows for an addition of a second story to a pre-existing, nonconforming structure provided that the structure's footprint does not change. There will be no change in footprint or setbacks as a result of the construction of the second story. The upgrading of the property in Stockbridge is consistent with Section 1.3, Purposes, as it will conserve the value of land and buildings within the town. 
b.	The proposed change and alteration is essential and desirable to the public convenience and welfare at the proposed location. All setbacks will be maintained and the dwelling is sufficiently set back from Mahkeenac Road at a distance of 144 feet, and 103-4" from Stockbridge Bowl, so that the construction will not adversely impact neighbors or the lake. An Order of Conditions has been issued by the Stockbridge Conservation Commission for the proposed work. See Order of Conditions attached. 
c.	The change and alteration will not be detrimental to adjacent uses or to the established or future character of the neighborhood. The neighborhood consists of cottages located on small lots. There has been significant alteration and reconstruction of other cottages in the neighborhood. The design of the second story is aesthetically consistent with properties in the neighborhood. The dwelling is located within 150 feet of Stockbridge Bowl, and the applicant has filed a special permit with the Planning Board pursuant to Section 6.5, Lake and Pond Overlay District.  The second story has been designed to have no adverse impact on the 
environment, public health or safety. 
d.	The change and alteration will not create undue traffic congestion or unduly impair  pedestrian safety.  The dwelling that is being reconstructed will continue to be a single-family dwelling, and there will not be any adverse impact on vehicular or pedestrian traffic. 
e.	The proposed expansion will not overload any public services to the location.  The property is served by a well and town sewer.
George made a motion to approve the findings as presented and the application as presented.  Deb seconded the motions.  The vote to approve the applications was unanimous.	

A presentation was given to the Board from the representatives of Nextel.  Nextel is interested in placing an additional tower at the Schiller property and proposing being a co-locator on the Stockbridge Sportsmen’s site.

With no other business the meeting adjourned at 7:50 p.m.

						A true copy, ATTEST: