Free-Form Document Details Link Name: Meeting Minutes Description: Subject/Title: April 2007 Subtitle: Keywords: Review on: [ ] Default to Printable Version Attachments Attach... April 2, 2007 Deb opened the meeting and continued the meeting without discussion, to April 3 at 7:00 p.m. The meeting was continued as Passover began at sundown and the applicants for special permits could not be present. April 3, 2007 Present: Deb McMenamy, Cris Irsfeld, George Shippey, Nabih Nejaime, Ann Jon -Sculpture Now, David Potter-Architect Designer-Greenriver Design, Attorney David Hellman, Nick Diller-CTSB and Jorja Marsden Deb opened the Special permit hearing under section 6.1.2 of the zoning bylaws for Sherwood L. and Judith A. Gorbach for property at 23 Mahkeenac Terrace by reading the legal notice. The Gorbachs' wish to add an addition to the kitchen on the "road side" of the house and replace an existing deck with an enclosed one story sunroom on the lake side of the house. The property is located in the R-2 zone. Attorney Hellman stated the property consists of a single family dwelling which is nonconforming to frontage (68'); acreage (.35'); and setbacks on the north, east and west. There will be no construction in greater nonconformity with respect to setbacks, height or lot coverage. Deb read into the record the favorable recommendation of the Planning Board. Abutters Richard and Laura Pasternak were unable to attend; however they were very concerned about the construction. Attorney Hellman showed photos of the property of Gorbachs that revealed to the Selectmen that the construction of the screened porch would not be visible to the Pasternak's home and that the kitchen addition would be further away from their property line. Attorney Hellman also stated that there is a tree line separating the two properties. The Selectmen gave careful consideration to any concerns from neighbors and were pleased with the proof provided by Attorney Hellman. George made a motion to approve the application as presented subject to approval by the Conservation Commission and to approve the findings as prepared by Attorney Hellman. The findings are as follows: 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 additions proposed are permitted use by special permit and is in harmony with the general intent to allow for scrutinized alterations 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 result in a house that is less nonconforming and the altered 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 remove an outside deck and replace it with a smaller enclosed footprint and the kitchen addition will be conforming as to east side setback and less nonconforming than the existing structure as to the west side setback; it will beautify the neighborhood, 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. 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 extend 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 public septic and there is no addition of bedrooms from the current use. The proposed alterations will have not impact on any of the Town concerns stated above. 6. The alteration and addition 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 within the permitted allowances; there is actually a decrease in the lakeside setback nonconformity, the existing nonconforming shed is being removed and the kitchen addition is conforming on the east side and less nonconforming that the existing structure on the west side. There is no change to the height of the structure. Therefore, the proposed structure is not in greater nonconformity with the requirements of the ZBL than the existing structure and is in fact less nonconforming with respect to the nonconforming shed being removed and the lakeside setback being made less nonconforming. The proposed structure 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 beautiful improved structure and the nonconforming shed shall be removed and thus made less intrusive to the neighbors. A second was received from Cris. The vote to approve the application as presented subject to the approval of Conservation Commission and the findings as read were unanimous. Cris made a motion to recommend approval of the Gorbach's special permit under section 6.5 of the Zoning Bylaws to the Planning Board. A second was received from George. The vote to recommend approval for the Gorbach's special permit was unanimous. Deb opened the special permit hearing for Bruce Rubin for property at 29 Mahkeenac Terrace with the reading of the legal notice. Mr. Rubin requests to demolish the existing dilapidated house and reconstruct a new single family house with a bay garage. Attorney David Hellman representing Mr. Rubin stated that the property is nonconforming with respect to frontage (100'); acreage (.38'); and with respect to setback requirements (north, east and west). No construction is being constructed in greater nonconformity to setbacks, height or lot coverage and the setbacks will be made less nonconforming. The new construction will be two-stories with the height being 35'. The basement is not considered a floor as it is building into the slope of the land. Deb read into the record a letter of support form abutter Martin Messinger. Also read into the record was a favorable recommendation from the Planning Board. Cris made a motion to approve the application as presented subject to Conservation Commissions approval. George seconded the motion. The Selectmen made the following findings written by Attorney Hellman: 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 reconstruction 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 beautify the neighborhood significantly, and is in keeping with the general appearance of the abutting buildings and on the Stockbridge Bowl in general and in fact the proposal has been supported by the abutters on either side of the premise. 4. The proposed change will not create undue traffic congestion or unduly impair pedestrian safety. 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 extend 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 town sewer. 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. The lot coverage is greater than the permitted allowance of 10% but less nonconforming than the existing ratio of 11.9% as it is being reduced to 11.4%; there is actually a decrease in the east and west side setback and lake setback nonconformities and the ratio of combined floor area to lot size is within the permitted allowance of 20.0% (19.9%). The height while being increased from 18 feet to 35 feet is within the allowance permitted by the ZBL. Therefore, the proposed structure is not in greater nonconformity with the requirements of the ZBL than the existing structure and is in fact less nonconforming than the existing structure in every way except the lot size itself; and furthermore the proposed demolition and reconstruction 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 beautiful new structure to replace the existing and failing structure. The vote to approve the application as presented subject to the approval by the Conservation Commission was unanimous. Cris made a motion to recommend approval to the Planning Board the application for Bruce Rubin under section 6.5 of the zoning bylaws subject to the approval of the Conservation Commission. George seconded the motion. The vote to recommend approval to the Planning Board for Mr. Rubin's special permit was unanimous. Ann Jon, representing Sculpture Now came with an update of the site plan and sculptures to be placed at Town Hall, Congregational Church and Laurel Hill property next to Town Hall. George inquired if Sculpture Now had gotten approval of all the sites and sculptures to be installed. Ann stated she had and will be meeting with all of the sponsors to decide on the actual position of each piece. She told the Selectmen that she had two sculptures planned for the Town Hall property, three within the Church property (two in front and one along side between the Church and the Town Hall parking areas) and one planned for the Laurel Hill property. Ms. Jon showed the sites to be used on a plot plan of the area. One sculpture in front of Town Hall will be a stainless steel structure shaped as a house with a stuffed chair inside. The dimension is approximately 6 ½ feet high, by 4 ½ by 4 ½ and the placement she thought would be within the green way near the street. The other sculpture also stainless steel will be in the shape of a tree with a bench around the trunk. The diameter of the base will be 6 to 8 feet with a 5 to 6 foot bench, center height will be 10 to 12 feet with a canopy of 6 to 8 feet. Ms. Jon stated that the ground will be restored as it appears prior to installation. The asked that all sites be checked in the spring after the sculptures are removed since the sculpture will not be taken down until late October. Ann showed the Board the sculptures being planned between Town hall and the Church and two sculptures in front of the Church. The Church has agreed to all three pieces. She stated that she still needs to contact Laurel Hill for the piece that they want to install on their property. It was decided that Ann should meet with Jorja for the placing of the sculptures so not to interfere with the Memorial Day celebration. Barbara Allen, curator of the Historical Collection at the Stockbridge Library and Laura Hudson, President of the Stockbridge Library came before the Selectmen to ask permission to offer the program "The Shades of Stockbridge" in the Stockbridge Cemetery on Saturday, June 23, 2007. The purpose of the event is to share the history and accomplishments of former Stockbridge residents buried in the cemetery and also to give some background on the cemetery itself. They will use volunteers, dress them in period customers and will ask for a donation of $5.00. Cris felt that the cemetery was sacred ground and really did not like the idea. Barbara stated that the Historical Room of the library really did not make money but covered expenses. She stated that they had tremendous positive input from the people in attendance and the performers. Deb really had no problem with the concept as they do this sort of thing all over Massachusetts. George stated that he was supported of this program. Laura stated that a member of the Butler family was present last year and was very happy to hear about the family. Barbara stated it was a way to teach some history of the Town. The library was wished well on the endeavor. Cris stated that he has been the representative to the MPO for the southwest portion of Berkshire County. However, now that he is not seeking re-election he has turned his seat over to the alternate, Jim Lovejoy from Mt. Washington. He stated that within a month a traffic study of downtown Lee was formed. The study is to find a way to take the truck traffic from the Main Street in Lee. One thought that has come up is to bring the truck traffic down Route 102 and up Route 7. Cris stated that it is a very hard turn to go up Route 7 and another to make a left to go onto Route 102 from Route 7. There would also be the need to have a second lane for slower traffic going up the hill on Route 7 which would mean property and houses being taken. The Board felt that one very important part of the infrastructure that would not allow for this to happen is Kampoosa Bog. George volunteered to be our representative on the Traffic Study Committee. Deb announced the new Town Office project is on time and budget. They are installing drywall. George stated that people have told him how excited they are about the project and how great it was of Stockbridge to preserve and use the building. George made a motion to adjourn at 8:30. Cris seconded the motion. The vote to adjourn was unanimous. A true copy, ATTEST: April 23, 2007 Present: Deb McMenamy, Cris Irsfeld, George Shippey, Gary Kleinerman, Michael Nathan, Chauncey Collins, Glen Valentine, Edward Shapiro, Mati Kiin-CTSB and Jorja Marsden Deb opened the meeting by thanking Austen Riggs for their generous gift to the Town in-lieu of taxes. Cris stated that Austen Riggs is a wonderful neighbor and friend. Chauncey Collins and Edward Shapiro representing Austen Riggs and Glen Valentine of Reed and Hilderbrand, design landscaping company, came with a landscaping plan for Pine, Main and Sergeant Streets. The plan is to landscape the borders of the Austen Riggs campus along the streets and within the campus. Mr. Valentine stated that the main campus was separate pieces of property that each had a row of evergreens as a separation. The Master Plan for the property calls for the elimination of the actual rows of trees. An arborist had reviewed all the trees for safety and the Master Plan. The arborist has stated that roughly twenty trees should be removed along the three streets. Over the last few years some very large trees have fallen in strong winds. The Master Plan is to create within the campus a center open space for events and a view of the marsh. Therefore spreading the edges east and west with the open space in the center behind the buildings. The plan is to develop groves with canopy trees. Along Sergeant Street native plants will be planted so to screen the campus and to give privacy for neighbors on Sergeant Street. Mr. Valentine stated that the plantings would soften the look rather than resemble a wall. The Selectmen felt it was a good plan and thought it was helpful to see the design. Michael Nathan and Gary Kleinerman came before the Selectmen with an update of the harvesting of weeds at the lake. The smaller of the two machines has been rebuilt and will be in the Outlet Area and behind the Island this summer. The large harvester will be on the Main portion of Stockbridge Bowl. The hope is to have the harvesters in the water by the third week in May. Mr. Nathan, Mr. Kleinerman and George will meet with the Mr. Foodi of Pittsfield to decide on dates and use of the hydro-rake at Stockbridge Bowl prior to the ropes and rafts being placed within the water. Deb announced that the Main Street will have a different look this summer. Sculpture Now plans on showing 22 sculptures from the First Congregational Church to Stone Court and the library this May to October. With no other business, George made a motion to adjourn; a second from Cris. The vote To adjourn at 8:05 p.m. was unanimous. A true copy, ATTEST" April 24, 2007 Present: Deb McMenamy, Cris Irsfeld, George Shippey, Joe Kellogg and Jorja Marsden Joe went over the items for Change Order #5.which included 18 items ranging from water main location change, floor and joist repairs, electrical item to other necessary repairs or changes that have been found. George made a motion to approve Change Order #5. Cris seconded the motion. The motion to approve Change Order #5 for the Conversion of the Plain School for Town Offices and rental spaces was unanimous. Joe received a quote from A.M. Fogarty to provide cost estimating services for the Town Hall Restoration proposal. The Selectmen agreed to have A.M.Fogarty update the cost estimate for $2,500. With no other business, the meeting adjourned at 8:45 a.m. A true copy, ATTEST: April 24, 2007 Present: Deb McMenamy, Cris Irsfeld, George Shippey, Clinton Schneyer-Highway Superintendent, Lou and Bill Campbell-Cemetery Consultant, Linda Hunt-Town Clerk Helen Pigott-representing Laurel Hill and Jorja Marsden. Chief Wilcox joined after the Cemetery Committee Meeting ended. The Cemetery Commission met to discuss the possibility of planting some sort of screening along the border of the cemetery and private homes. Burials in the new section go in order, and lately family members have not wanted their loved one to be buried so close to private property. Bill was wondering about screening the properties with 4 to 5 foot high hemlocks along that area. It was decided that this would be a good idea. Cost estimate will be obtained. Helen will speak to Laurel Hill to see if they might help with the cost as they planted the hedge along the Main and Church Streets within the Cemetery. The Cemetery is running out of space. Deb suggested that we think about incorporating a wall Columbarium as at St. Paul's for cremations. The Commission will look into this and also possible other space within Town for a cemetery. Next on the agenda was the speed humps on Elm Street. Chief Wilcox joined the Selectmen and Clint. It was agreed that the humps are working by slowing down traffic along the street. The Selectmen, Chief Wilcox and Clint reviewed a catalog that have removable speed humps to facilitate winter plowing. It was decided to purchase them. The location of the humps was discussed. The humps will be placed closer to the crosswalk as one enters into Elm Street and another after the crosswalk near Vlada's. Discussion followed regarding a possible third one on Elm and possibly one on Maple. Fire Chief Louis Peyron came to ask the Selectmen to fund a portion of a grant writer for the Fire Department. Several communities within Berkshire County will be applying for a grant which could net for Stockbridge $150,000 for fire equipment. The payment would need to be made by May 4. The Selectmen were in favor of the $2,600. However, at this time a Reserve Fund request would have to be made. Since the monies would have to be paid by May 4, the Selectmen asked if the Fire Department could pay the fee and then the Town would reimburse the Department. Louie felt that it could be worked out. Cris made a motion to authorize Louie to apply and ask for a Reserve Fund Transfer and if turned down for the Reserve request then they would need to wait until next year for the reimbursement to be budgeted. A second was received from George. The motion was voted unanimously. With no other business the meeting adjourned at 11:50 a.m. A true copy, ATTEST: