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June 5, 2006

Present: Deb McMenamy, Cris Irsfeld, George Shippey, Attorney David Hellman, Architect Pam Sandler, Mark Volk – Foresight, Eugene and Shirley Talbot, Bruce Kaden – CTSB, and Jorja Marsden.

Deb McMenamy opened the public hearing for the Timothy S. Cage and Eric M. Nelson property at 54 Lake Drive to demolition and reconstruct a single-family dwelling and the demolition, reconstruction and relocation of the existing shed.  The reconstruction of the dwelling will occur on the existing footprint except that a small addition of 123 square feet is proposed to be added on the northwest corner of the dwelling.  The reconstruction of the shed will be 42 feet from the front yard instead of the 27 feet as it now exists. The lot is nonconforming as to frontage, acreage, and setbacks.  The property is located in the R-4 zone.  Application is made under 6.1.2

Attorney Hellman explained that the property is non-conforming to the frontage acreage and setbacks from the lake and from the southerly and northerly sideline setback requirements.  No construction and reconstruction will be constructed in greater nonconformity with respect to setbacks, height or lot coverage.  The reconstruction of the dwelling will occur on the existing footprint except that a small addition of 123 square feet is proposed to be added on the northwest corner of the dwelling.  The existing shed will be demolished and moved into proximity with the house so that it will be 42 feet from the front yard instead of the 27 feet currently existing.  The height will be 28 feet upon completion of the dwelling measured as required by the bylaws.  The premises will be served by a tight tank, as are the abutting premises to this dwelling.  The dwelling and shed sit on an approximately 0.25 acre site.  Lot coverage will be 10% as permitted by the bylaws and the total floor area will be 17.721% less than the permissible 20% allowed by the bylaws.  An order of conditions has been issued by the Conservation Commission for the proposed work.

George was concerned with the porch addition and the possibility of creating a second floor down the road.  Architect Pam Sandler stated that she felt that the owners would not have a problem with a condition placed on the Special Permit that there would not be an addition of a second floor addition in the future.      

Deb read the favorable recommendation from the Planning Board.

The following findings prepared by Attorney Hellman was read by George:

1.	The proposed use is in compliance with all provisions and requirements of the zoning bylaws 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 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 not only enhance the visual appearance of the property, but it will reconstruct a house that is in such disrepair it could not even be insured, and the reconstructed house will increase the tax revenues for the Town.

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 a tight tank as opposed to the failed septic system currently on location; it will beautify the neighborhood significantly, and is in keeping with the general appearance of the abutting buildings and on the Stockbridge Bowl in general.

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 existing use will be unduly subjected to hazards affecting public health, safety and general welfare.  The premises is served by a private water supply and private septic and there is no addition of bedrooms from the current use and the tight tank and other 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 zoning bylaw as the lot coverage, the ratio of the combined total floor area of the structures on the lot to the lot size are within the permitted allowances; there is actually a decrease in the front setback nonconformity for the existing shed which is being moved from 28 feet from the front line to 42 feet from the front line, and the side and rear yard setbacks, while currently nonconforming are not being made more nonconforming by the proposed reconstruction but are being kept the same.  The height while being increased from 20 feet to 28 feet is nevertheless within the 35 foot allowance permitted by the zoning bylaw.

George made a motion to accept and approve the findings as presented.  Cris seconded the motion.  The vote was unanimous to accept the findings.

George made a motion to approve the application as presented with a condition that a second story couldn’t be built on the porch in the future.  A second was received from Cris.  The motion to approve the application with the condition was unanimous.

Cris made a motion to send a favorable recommendation to the Planning Board regarding the Cage and Nelson special permit for the Planning Board under the Lake and Pond.  A second was received from George.  The vote to recommend approval under Lake and Pond was unanimous.

Sara Schultz from SK Design came to give a presentation on the property of Laurie Richman of 3 Oak Street.  Ms. Richman wishes to replace an existing fence, clear a pedestrian path from the house to the lake, including stairs and some vista pruning within 50 ft. of the mean high water line, and install a seasonal temporary dock at the edge of the lake.  Sara explained that the Order of Conditions was received from Conservation; however, the dock part in the project is waiting for clearance from Natural Heritage.  George made a motion to recommend to the Planning Board to approve the application.  Cris seconded the motion.  The vote was unanimous.   	  

Cris read a letter received from Massachusetts Municipal Auditors’ and Accountants’ Association informing the Selectmen that Elaine Markham recently passed examinations and met all the education and experience requirements necessary to be recognized as a Certified Governmental Accountant.  The Selectmen commended Elaine on the great job she is doing for the Town.  The Selectmen will consider this accomplishment during the next budget year. 

A letter has been received from Caolo and Bieniek requesting that the Selectmen award the bid for the Plain School Town Office Conversion Project to A. R. Green and Son of  Holyoke, MA .  Cris made a motion to accept the low base bid as well as the low bid inclusive of the three alternatives at a price of $5,887,243.  George seconded the motion.  The vote to award the Plain School Town Office Conversion Project to A. R. Green and Son of Holyoke, MA  for $5,887,243.  was unanimous

The following announcements were made:
Stockbridge Bowl Day will be August 5.  Stockbridge Bowl Association along with the Town is hosting the event.  There will be boat rides, hot dogs and a video of the lake.
The second home owners meeting will be July 8 at 10:00am at the Congregational Church.
The compactor will be open on Sunday from 10:00 to 12:00 beginning July9 until the Monday of Labor Day.

George commented that the Memorial Day Committee did a great job.  Jean Rousseau’s speech was great.  The day was exceptional.  Deb thanked Leo Mahoney for the use of the PA system.  Cris commented he thought it was the best one yet.

Gene and Shirley Talbot stopped by to see how things were going.  Gene commented that things seem the same since he has been gone from the Board of Selectmen.  Gene has just been elected to the Planning Board.

Cris made a motion to adjourn at 7:45.  George seconded the motion.  The vote to adjourn was unanimous.

							A true copy, ATTEST:

June 6, 2006

Present: Deb McMenamy, Cris Irsfeld, George Shippey, Bruce Stringer, Mike Stanton and Jorja Marsden.

The Selectmen and representatives of the Police Union entered into negotiations.

With no other business, George made a motion to adjourn at 9:00 am.  Cris seconded the motion.  The vote was unanimous.

							A true copy, ATTEST

June 9, 2006

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

Selectmen met with the Chief to go over his contract.

With no other business, Cris made a motion to adjourn the meeting at 9:00 am. George seconded the motion.  The vote was unanimous.

							A true copy, ATTEST :

June 19, 2006

Present:  Deb McMenamy, Cris Irsfeld, Steve Bornes-CTSB, Daniel E. Symecko, David G. Gilmore, Judith Schuchalter, David Hellman, Lisa Mears, Richard Talbert, Maurice Peterson, Mark Johnson and Jorja Marsden   George was away on a family emergency.

Deb opened the meeting with the reading of the Kripalu Yoga Fellowship special permit legal notice.  The property is at 57 Interlaken Road and they wish to construct a lodging and classroom addition to the existing facility.  The existing building is 62.5 in height; the proposed addition will be 62 feet 2 inches in height.  The property is located in the R-4 zone.  Application is made under section 6.1.2 and section 6.3.8. 

Due to George’s family emergency, Cris made a motion to continue the hearing until Monday, June 26 at 7:00 p.m.  Deb seconded the motion.  The vote to continue the hearing until June 26 was unanimous.

Next Deb opened the hearing for the Plain School Town Office Conversion Project 50 Main Street.  The Town of Stockbridge wishes to convert the former Plain School into town offices, police station, community space, senior center, and rental space for private, public, and non-profit entities.  The project involves complete renovation with new mechanical/electrical systems, new windows, roofing replacement/repair and construction of a new handicapped entrance/lobby with elevator and public restrooms.   The property is located in the R-1 zone.  Application is made under 6.1.2. 

Again, due to George’s family emergency, Cris made a motion to continue the hearing until Monday, June 26 at 7:00 p.m.  Deb seconded the motion.  The vote to continue the hearing until June 26 was unanimous.

Maurice Peterson and Mark Johnson of Seven Salon, Spa at 7 South Street came with sign permits for their new business.  The sign permit application was recommended by the Planning Board and approved by the Board.

A Use Permit and Sign Permit were reviewed for Origin Gallery at 6 Elm Street.  Judith Schuchalter explained that she will be opening another gallery at 6 Elm Street.  She will maintain her gallery in the Mews.  The Planning Board recommended approval of both the Use and Sign Permits.  The Board signed the Use and Sign Permits for 6 Elm Street.

The Selectmen voted the following resolution:

Whereas the Department of Environmental Protection and the Massachusetts Water Pollution Abatement Trust of the Commonwealth of Massachusetts, pursuant to Chapter 21 and Chapter 29C of the General Laws of the Commonwealth are authorized to make loans to municipalities for the purpose of funding planning and construction activities relative to Water Pollution Abatement Projects; and 
Whereas, the Applicant has examined the provision of the Act, Chapter 21 and Chapter 29C and believes it to be in the public interest to file a loan application.
Now, therefore, be it resolved by the Board of the Selectmen that the chairman of the Board of Selectmen is hereby authorized on behalf of the Applicant to file applications and execute agreements for grant and/or loan assistance as well as furnishing such information, data and documents pertaining to the applicant for a grant and/or loan as may be required and otherwise to act as the authorized representative of the Application in connection with this application.

Cris made the motion to authorize the Chairman of the Board of Selectmen to sign on behalf of the applicant, the Town of Stockbridge.  Deb seconded the motion, the motion was unanimous.

Cris made a motion to appoint the following offices for 2006:

Highway Superintendent	Clinton E. Schneyer, Jr. for one year – 2007

Veteran’s Agent	Al Adams, District Director for one year – 2007

Board of Registrars	Anne M. Sparks for three years – 2009 

Berkshire Regional Transit Authority	John Cronson for one year – 2007

Zoning Board of Appeals   	William Selke for five years – 2011 

Berkshire Cty. Reg. Planning	Craig Berger, Alternate for one year – 2007

Conservation Commission		Sally Underwood-Miller for three years-2009
				George E. Shippey for three years-2009 

Community Preservation     Thomas Stokes for one year – 2007 
				David McCarthy for one year – 2007 	
Wire Inspector           Nicholoas Fredsall for one year – 2007 

Cable Advisory Committee    James Balfanz – 2007	
Neil Holden – 2007  
David Lane – 2007

Special Police    	Louis Peyron for three years – 2009

Deb seconded the motion.  The vote to make the appointments was unanimous.
The Selectmen announced that they are looking for volunteers to service on the Council on Aging and the Historic Commission and on the new committee, Historic Preservation Commission.  It was explained that the new commission will have seven members which will include a member of Historical Commission, one Realtor, one Building Contractor familiar with Historic Rehabilitation, one Architect and three other volunteers.

Cris made a motion to adjourn at 7:20 p.m.  Deb seconded the motion.  The motion to adjourn was unanimous.

					A true copy, ATTEST:

June 26, 2006

Present:  Deb McMenamy, Cris Irsfeld, George Shippey, John Schneyer, Leigh Ellen Kay, Jaya Deb Morrissey, Peter Emery, Margaret Tracy, Mary Flynn, Martha Williams Janice Shields, Dawn Lane, Jon Dietrich, John Stothoff, Patrick O’Shei, Ed Dartford, Clover Swann, Jennifer Young, John Edwards, Jim Hatch, Tom Stokes, Philip F. Heller, Marie L. Carr, Donald W, Deno, Daniel Symecko, David & LuAnn Gilmore, Jo Baldisaro, Dick Lindsay, Derek Gentile, Shirley and Allan Orenstein,Paula Hellman, Shepley W. Evans, Kathleen Ervin, Christine Bonnie Berube, Robert Fournier, Naren Kelso-Cameraman and Jorja Marsden.

Deb opened the meeting with the continuation of the Kripalu hearing.  Attorney David Hellman began with the presentation of the Kripalu special permit hearing with a brief history of the property.  The original building was built by Anson Phelps Stokes.  In 1906 Spencer Shotter, known as the Turpentine King, bought the Shadowbrook and 350 acres.  In 1917 the property was sold to Andrew Carnegie who then sold it to the Jesuits in 1922.  At which time it became a monastery or novitiate. A fire in 1956 totally destroyed the building.  1958 to 1960 the Jesuits rebuilt to what it is today.  It was rebuilt in a very modest style.  They occupied until 1970 at which time due to decreased membership and the increase cost to maintain the building they put the property on the market and vacated the building.  In 1981 Kripalu contracted to buy the Shadowbrook property.  One thing that they had to do was to put in their own sewage treatment.

Kripalu was founded as the Yoga Society of Philadelphia in 1956. They obtained their 501C3 classification, Federally Tax Exempt, non-profit, charitable, educational and religious corporation and they remain such to this very day.  They changed their name in 1974 to Kripalu Yoga Fellowship.  They are the offshoot of the Yoga Society of Philadelphia.  Kripalu is not only corporated in PA, but is registered and qualified to do business in the Commonwealth of Massachusetts.  It has received its tax-exempt status from the Internal Revenue Service and the Commonwealth of Massachusetts.  As part of this project for which they are seeking permits, Kripalu has sought bonds from the Commonwealth of Massachusetts, as part of a special charitable bond funding program. Therefore Kripalu was reviewed extensively by the Commonwealth of Massachusetts, once again and they verified that Kripalu is a 501C3, charitable not for profit religious and educational corporation..  The primary purpose clause of Kripalu incorporation is stated “to advance the principals, teachings and methods of the science and philosophy of Yoga in order to promote the physical and mental well being and spiritual enlightenment of the members and it’s concept of universal brotherhood of man”.  Kripalu continues to grow with its residents and non-residents who partake of services.  Kripalu, from 1986 to 1994, had a work force of approximately 350 who were given room and board and health insurance and payment of $35.00 per day, which led to Kripalu’s success.  However, with the issues in 1994 around the founder which led to his resignation, Kripalu had to change its focus. They went from a free volunteer workplace to an organization that was required to pay for their workforce.  During this process of change, they were in contact with the Attorney Generals in Massachusetts and Pennsylvania, and with the Internal Revenue Service, and all the transition notwithstanding the method of the employees provided in service change, the charitable purpose never changed and they have never lost their status.  They have annually filed every necessary  requirements with the Commonwealth of Massachusetts, the Commonwealth of Pennsylvania and the Internal Revenue Service.  Kripalu is known internationally and respected as a Yoga holistic health facility.  Currently, they employ approximately 350 people on a full and part time basis. With an annual payroll of approximately $11 million, they spend an additional $67 million in the local economy.  In 1993, Kripalu served 16 thousand guests, in 2005, more than 25,000 guests were served.  However, the change in the model, change in the way of funding, change in the way to pay for services, this non-profit organization does not make a profit.  The excess revenue over their costs in 1993 when they had 13 thousand guests was $500,000.  In 2005, people served was doubled to 25,000.  The excess revenues, over expenses, without depreciation of the building, was only $338,000.  This brings forward the reason for the requests.  In order for Kripalu to maintain its viability they have to change some of the things they do. Shadowbrook  is a facility that has spartan accomodations.  The population that now seeks to come want more services.  There are at present only minimal bedrooms with private baths and no place where a couple could stay together.  If they don’t make the changes so to draw from a larger population, this facility must seek additional revenues.  In seeking more revenues, it is the concept of creating additional housing which will incorporate private baths essential for the success of these kinds of programs.  The proposal is for additional bedrooms, private baths and a large classroom on the ground floor.

The reason that the application is before the Town, even though the zoning by-laws and the Dover Amendment exempt non-profit, educational and religious organizations from requiring special permits, is that the Town has enacted a by-law making the height of a structure for such a non-profit 50 feet or limited to 2 ½ stories.  Kripalu is proposing a seven story structure which is about 62 feet, is not higher than the existing structure, Kripalu will seek a variance if the Special Permit is approved.  The Special Permit would be conditioned on the variance from the ZBA in order to exceed the height of the story limitation currently in the by-law.
Attorney Hellman went over each section of 6.3.8 of the zoning by-law.
a.	Grading and drainage plans, done by SK Design Group, show compliance with the State’s Stormwater Management Policy, no danger to abutters, Town roads, or wetlands as a result of the proposed addition.
b.	Location, size and height, also done by SK Design, demonstrate the existing structure and the proposed addition do not violate set back or lot coverage and the proposed addition is not as high as the existing structure.
c.	Signage will remain.  No new signage is planned.
d.	Landscaping will include more trees as one drives in the drive to the facility.
e.	Open space will remain.
f.	The sewer treatment facility is being upgraded.  Tighe and Bond is upgrading the facility with DEP that will accommodate the proposed addition.
g.	Water is provided by two wells from Kripalu and Lenox water.  Adequate water is available for the proposed addition. The water for the proposed addition will come from the wells.
h.	Parking plans, drawn by Fuss and O‘Neil were provided, showing current parking for 393 vehicles, and showing 86 additional parking spaces.  The number of employees during the largest work shift is approximately 115.
i.	Lighting is to be minimal consisting of 43 inch high, 42 watt lights.
j.	N/A
k.	N/A
l.	Traffic generated by the proposed addition is expected to have minimal impact.

It is noted that the design developed by Peter Rose of the Rose and Guggenheim Studio was done with minimal impact to the view from the Mahkeenac Road and Rte. 183.  The proposed siding, window treatment will minimize glare of sunlight, and the proposed location will be screened by large mature trees.  The addition will allow Kripalu to generate additional revenues and, eventually, to change the façade on the existing structure so to create a more minimal visible impact from all locations.

Garrett Sarley, CEO of Kripalu, stated the guidelines for the project are: 1.pro-environment; 2. attract tourism; 3. anti-sprawl, and 4. visible esthetics of the situation. The Master plan includes changing the color and horizontal mass of the existing building.  Garrett feels that this change and the addition of the new building will improve the esthetics of Kripalu in the Town.  He emphasized that they planned the proposal thinking of the impact in the Town

Peter Rose, Professor of Architect of Harvard, presented a slide show which shower alternative locations of the proposed building, explained why the alternatives did not work and showed views of the existing building with the proposed new construction.

Mr. Jeremy Yudkin asked why the slides showing the proposed addition were not colored in red so that it would be seen.  Mr. Rose explained that the siding would be like sticks of wood and the slide shows how it would look from the road, causeway, etc.  It wouldn’t be seen.  Correspondence from Richard Jackson, Don Deno, John Beacco, Mina Hamilton and Berkshire Country Day School was read into the record.

George asked why not consider locating the project behind the present building, therefore hiding the proposed building from the lake road and causeway.  The present building is totally visible from the lake and a lot of people would prefer not seeing it from the lake.

Cris stated originally the Selectmen expressed concern with the height.  He thought the plans would bechanged possibly wider than higher.  The Town does not have a fire truck that will go that high.  George agreed that possibly it would work if lower height and increase the footprint.

Mary Flynn stated that bigger is not better but felt that seven stories might set precedence.  Ed Dartford thought the reasons were good, but felt wider and less stories would be better. 
Attorney Philip Heller, representing Canyon Ranch, raised the issue of in-lieu of taxes.  
Canyon Ranch feels that they should be treated equal and that Kripalu should pay more in lieu of taxes.  George stated that the 4% Room Tax is governed by the State and we don’t have any say.  Attorney Hellman stated when they make more money, Kripalu would be capable to pay more in-lieu of taxes.  George stated that Kripalu has made a good faith effort and increased their payment in lieu of taxes this year and we appreciate it.  Tom Stokes, a neighbor, said that Kripalu has been a good neighbor, and has attracted quality guests.  The guests have even used the Stokes land for walking.  However, he is concerned with the height of the building and the lighting impact at night.  Also he was concerned with the parking and asked if the surface could be a permeable surface rather than blacktop.

Cris made a motion to continue the hearing until July 10.  George seconded the motion. Pat Flinn asked the process.  Attorney Hellman stated that they would, if approved, go before the Zoning Board of Appeals and Conservation Commission.  The vote to continue the hearing until July 10 was unanimous.

Next on the agenda was the continuation of the Plain School Town Office Conversion Project at 50 Main Street.

Deb read the legal notice again and introduced Joe Kellogg, Owners Project Manager.
Mr. Kellogg explained the project with the exhibits of the plans.  The parking will be reconfigured, the main front door will be used, a new entrance in the rear near the parking will have a lobby and elevator, public rest rooms and the entrance to the Police Station  Joe showed the reconfigured parking lot with additional parking to the East side. The second egress met with concerns from abutters.   Peg Tracy, Mr. & Mrs. David Gilmore and Dan Symecko all objected.  They felt the exit would be dangerous and lights would shine in their homes.  The second egress is important to the Police.  Deb noted that the second egress will be used primarily for Police use and also may be used for Town Meetings.  Signage saying “no entry Police use” will be installed.  The neighbors felt that the Town employees should not exit from that egress and the only way anyone could exit would be to the right.  It was noted that a Police emergency vehicle could exit either way with the lights flashing.  Pat Flinn felt that there should be some sort of buffer near the exit so as to see cars coming.  Joe Kellogg explained that the elevation would change on the East to allow for the other egress.  He also stated that the Town is working with Laurel Hill regarding the parking.  Dan asked about the hours of work.  It was explained that the hours of construction will be 7 to 4, Monday through Friday.

Cris made a motion to convert the former school into Town Offices, Police Station, Community Space, Senior Center and rental space for private, public and non-profit entities.  George seconded the motion.  The vote was unanimous.

A motion to adjourn was made by George at 10:00 pm.  A second was received from Cris.  The vote to adjourn was unanimous

          							A true copy, ATTEST: