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

<!DOCTYPE FIRSTCLASS SYSTEM "firstclass.dtd">

<firstclass>

	<fcobject objtype="oDocument" formid="96" objname="Select Board Meeting Minutes">

		<subject index="0" >August 2005</subject>

		<field id="8010" index="0" type="text">Select Board Meeting Minutes</field>

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

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

	</fcobject>

</firstclass>

</FCFORMSHEADER>
Aug. 1, 2005

Present: Deb McMenamy, Cris Irsfeld, George Shippey, Cara Davis, Fred Bunger, Tim Geller, Michael Abdalla, Judy Abdalla, Cathy Wilkerson, Ned Baldwin, Richard Rothbard, Attorney Philip Heller, Bob Hoogs, Foresight Engineering, Jorja Marsden.

Representatives of Construct, Fred Bunger, Chairman, Cara Davis, Director and Tim Geller, Project Manager came before the Selectmen to update everyone on the Pine Woods Project.  Mr. Bunger explained that some decisions have had to be made, however the project is on budget.  Cris Irsfeld stated that there are some code conflicts and that the Building Inspector, Ned Baldwin is concerned. Cara Davis stated that the code conflicts are both exceptionable and that they will work this out with the Building Inspector.  The Selectmen were told that some occupancy may happen by October (possibly 50 to 60%), and that some of the occupants are from Stockbridge.  Deb McMenamy congratulated them for being on schedule and on budget.

Deb opened the Kampoosa Clearing LLC special permit hearing by reading the legal notice.  Kampoosa Clearing, LLC, Linda and David Heinrich, principals of 24 East Street wish to replace a dilapidated single-family house with two-family house on smaller footprint plus carport.  The eight apartments in the other building on the property will be reduced to seven.   The property is located in the R-2 zone.  Application is made under 6.1.2. and 4.4 and 6.3. 

A letter from Attorney Shaun Leary was read.  The clients, Linda and David Heinrich   requested the hearing be continued until September 6.  A motion was made by Cris.  A second by George.  The vote was unanimous.

The special permit public hearings for Richard Rothbard regarding property at 7 South Street were opened.  Deb McMenamy read the Legal notice.  Mr. Rothbard is requesting  
to modify special permits granted on May 8, 2002 to increase the seating capacity of the Café by six seats, allow performance of live acoustical music in the café, limited to one or two musicians, allow up to six seats on the lawn on the west side of the building for waiting diners, and modify condition 3 of the special permit, and under Section 6.1.2 to increase the parking spaces from 20 to 23 in pre-existing nonconforming parking lot by a reconfiguration of the spaces to permit an increase in the Café seating from 42 to 48 spaces.  The property is in the business district.  Attorney Philip Heller gave a narrative describing the addendum to the special permit application and parking. Rob Hoogs from Foresight described the reconfiguring proposal for the parking lot.  Cris Irsfeld questioned how the parking lot could accommodate 23 parking spaces as he saw 17 cars packed within the lot.  Also, a concern of extra tables and chairs within the restaurant was raised. Cris stated it was like musical chairs and on 4 different nights the Fire Exit door was locked.  George asked Mr. Rothbard to explain the schematic layout. Mr. Rothbard stated he knew nothing of the door being locked; the tables and chairs and bar stools are moved to accommodate different size parties up to a total of 42.  The request regarding staying open to 11:00 was discussed and the Selectmen felt that would be fine as the Red Lion Inn and Michael’s serve up to 11:00 or even later.  George was not happy with the serving on the porch even if it was seasonal, and didn’t like the seating on the west side waiting to be served.  The music inside the restaurant, Mr. Rothbard stated, would be maybe a guitar or a violin, not with amplifier. Deb read a note from abutter Mary Ellen McCormick which stated she was adamantly against the applications.  Cathy Wilkerson, an abutter, was present and asked a question regarding the parking, and reviewed the parking plan.  Michael Abdalla made a comment about the back porch regarding mop, buckets and Coke machine which is visible from Maple Street.

Deb stated that she felt the Selectmen needed a site visit to the property to review the parking plan.  A site visit was set for August 4, Thursday at 12:00.  Cris made a motion to continue the hearings until 7:00 on August 22.  George seconded the motion.  The vote to continue was unanimous.

The 2003 Police cruiser bid was opened today at 10:00 a.m.  The Town received three bids for the cruiser.  Jersey One Auto for $8,191.00; 2 Grace Quality Used Cars; and              3. Ronald Driscoll for $6,751.00.  George made a motion to accept the bid of Jersey One Auto for $8,191.00.  A second was received from Cris. The vote to Accept Jersey One Auto was unanimous.

The Selectmen discussed the Boards and Commissions which haven’t been designated as Special Municipal Employees.  The State Ethic Commission feels that this designation is important for all Boards and Commissions, especially in small Towns.  With these thoughts, Cris made a motion to designate as Special Municipal Employees the Historical Commission.  George seconded the motion.  The vote was unanimous.  George made a motion that the Finance Committee be designated as Special Municipal Employees.  Cris seconded the motion.  The vote was unanimous.  Cris made a motion to have the School Committee be designated as Special Municipal Employees.  George seconded the motion.  The vote was unanimous.  George made a motion that the Tree Warden become a Special Municipal Employee.  Cris seconded the motion.  The vote was unanimous.  Cris made a motion that the Board of Appeals be designated as Special Municipal Employees. George seconded the motion.  The vote was unanimous.  George made a motion that the Council on Aging be designated as Special Municipal Employees.  Cris seconded the motion.  The vote was unanimous.

The following announcements were made:  Open House/Dedication August 6 at 10:00 at the new schools  -  Sept. 12, 5:00 p.m. Tour, 6:00 p.m. public meeting at Plain School – August 20, 10:00 a.m. Auction of Youth Building  -  2:00 p.m. Laurel Hill Day.

Cris extended a thank you to Laurel Hill for all the beautiful flowers around Town.

With no other business, George made a motion to adjourn at 8:15.  Cris seconded the motion.  The vote to adjourn was unanimous.

                                                            A True Copy,   ATTEST 

 

August 3, 2005

Present: Deb McMenamy, Cris Irsfeld, George Shippey, Gerry Buckley    
And Jorja Marsden

The Selectmen reviewed the transfer document of Adelphia to Time Warner. The Selectmen stated that they want to keep Channel 5 for news from Boston and wanted to watch both the Patriots and the Red Sox.  Cris moved to accept the contract.  George seconded the motion.  The vote was unanimous.

The meeting adjourned at 5:40.

                                                              A True Copy, ATTEST

August 3, 2005

Present: Deb McMenamy, Cris Irsfeld, George Shippey, David McCarthy, Joe Kellogg, Jim McMenamy, Eva Sheridan, Jack Spencer, Charles Gillette, Laurie Norton Moffatt and Jorja Marsden

Cris opened by stating that he had hoped to get private dollars for the renovation of Town Hall.  Senator John Olver has stated he is very interested in this project and will be looking for Federal funding.  Another thought toward funding would be to apply to CPA and Mass Historical.  We will not know the price without an RFP.  The upcoming Town Meeting could have two articles regarding retention of both buildings and the other to appropriate money for architectural plans.  The outline of the meeting was also discussed.  Joe Kellogg felt that everyone should speak. Joe Kellogg will create frequently asked questions (FAQS) and E-Mail to everyone for their review.

The schedule was reviewed.  The Task Force will meet Sept. 7 at 6:00; Public Hearing, Sept. 12 at 6:00 in gym with a tour at 5:00; Tuesday Sept. 13 the Task Force to meet at Town Hall with the Special Town Meeting being Oct. 3 at 6:30.  Advertising will be done on CTSB, Penny Saver and Shopper’s Guide to inform everyone about the Public Hearing and Special Town Meeting.

With no other business, the meeting adjourned at 7:20.

                                                             A True Copy,  ATTEST

August 4, 2005

Present:  Deb McMenamy, Cris Irsfeld, George Shippey, Attorney Philip Heller, Steve Mack-Foresight Land Services and Jorja Marsden

The Selectmen met at 7 South Street, The American Craftsman Café for a site visit of the parking lot and café.  Mr. Mack had outlined the proposed parking spaces.  It was noted that the additional number of spaces could nicely fit within the space.  The Selectmen and Attorney Heller and Mr. Mack toured the inside of the café.  The Selectmen noted that the Fire Exit door was locked, the café had many patrons.  Attorney Heller went to the manager and told her that the Fire Door needed to be open when the café was open.

						A True Copy, ATTEST:

August 22, 2005

Present: Deb McMenamy, Cris Irsfeld, George Shippey, Craig Moffatt, Marshall White -White Engineering, Charlene Kelsey,  Karen Consolati - Sidetracks, Robin and Shelley Birnhak, Attorney Philip Heller, Richard Rothbard, Steve Mack-Foresight Land Service,   
John Lippman – Stockbridge Booksellers, Ned Baldwin-Building Inspector,  Bruce Kakley- CTSB and Jorja Marsden

The continuation of the Richard Rothbard American Craftsman’s Café special permit modification was opened.  Deb McMenamy disclosed that she was an employee of Country Curtains.  Attorney Philip Heller stated that he and his client had no problem with that.  The Selectmen had gone on a sight visit to 7 South Street.  Steve Mack, Foresight Land Services and Attorney Philip Heller were present.  Mr. Mack had marked out 22 parking places and one handicap space for a total of 23 for the restaurant use.  It was noted that with the lines drawn, people parked in an orderly fashion, therefore allowing the increase in parking places.  Since the driveway is stone, the markings easily wear off, therefore markers 12 in. to 18 in. high will be placed for every parking spot.  It was noted that the Fire Chief has no problem with the parking arrangement.  Deb was satisfied with the parking arrangement, as were Cris and George.
 
Deb stated that there was a problem when the Selectmen had their sight visit.  The porch door, Exit door, was locked.  On several occasions when the Building Inspector, Ned Baldwin, went to the restaurant, the door has been locked.  The operators have been told many times to have that door unlocked when they are open.  Even with the site visit arranged, the door was locked.  Cris stated to Mr. Rothbard that he needs to be more diligent in keeping the door open.  Mr. Rothbard stated he was embarrassed and had spoken to the people who were running the restaurant to make sure at all times while the restaurant was open that the door will be unlocked.  

The floor plan of the restaurant was discussed.  Attorney Heller stated that the restaurant has a flexible plan where the tables change for the size of the party, keeping within the number allotted for the special permit.  Tables are placed on the porch, chairs are rearranged, and stools at the bar eliminated as needed to keep the sitting at 42.

George stated he was not in favor of lawn seating.  Attorney Heller asked that possibly only drinks could be served on the porch while people wait to be seated inside, with entry through the French Doors when a table opens for a party.  Deb agreed with George regarding dining outside.  Deb stated that she has a problem with alcohol being served on the porch.  Cris stated that the liquor license may have to be amended to allow serving on the porch.  It was noted that the Selectmen have just been informed of two OUIs regarding the café.   Mr. Rothbard stated that his café is not a drinking establishment like Michael’s on Elm Street.  Attorney Heller stated that the café has been opened for three years with no violations, and have only just heard about these violations tonight.

The motion was made by George to increase the seating capacity of the Café by six seats, allow performance of live acoustical music in the café limited to one or two musicians,  and modify condition 3 of the special permit to allow the café to remain open until 11:00 p.m., and allow for patrons to wait on the porch for dining. No food service will be allowed on the porch, and under Section 6.1.2 to increase the parking spaces from 20 to 23 in the pre-existing nonconforming parking lot by a reconfiguration of the spaces to permit an increase in the Café seating from 42 to 48 spaces.  A second was received from Cris.  The motion was approved unanimously. 

Since the applications for special permits for modifications of the original permits, the Selectmen felt that the findings were still met, therefore not creating a new special permit, and voting on findings for the modifications.

Next on the agenda was Craig Moffatt, representing John and Mary Lou Hyson of 3 Butler Road for a special permit with the Planning Board under the Lake and Pond Overlay.  The Hyson's wish to expand their kitchen, add a half bath, bury a line running from a buried propane tank to the house within 150 ft. of the mean high water mark of the Housatonic River.  Deb stated she was an abutter and she stated the rule of necessity applied.  After the presentation review by Mr. Moffatt, Cris made a motion to recommend approval under Lake and Pond Overlay.  George seconded the motion.  The vote to recommend approval was unanimous.

Charlene Kelsey, owner of Sidetracks on Elm Street with her sister Karen Consolati, came before the Selectmen to talk about signage on Elm Street.  Tourists go down Main Street, but don’t go down Elm Street.  Charlene and Karen were hoping to change that by proposing a directional sign which would list whichever businesses wanted to be listed.  The sign at the corner of Main and Elm now just says Shops and Galleries, Restaurants and St. Joseph’s Church, but does list Michael’s Restaurant separately.  George felt that if one merchant was mentioned, then everyone should be mentioned individually if they chose.  Jorja noted that Michael’s sign was added after the streetscape project.  The project allowed a transformation in front of the professional building.  Charlene and Karen stated that they would speak with the merchants on Elm Street to see if they would like to be on their proposed directory sign and also work with the Chamber.  Their idea would be that the merchants would pay for the sign.  The directory sign would be divided, listing shops and the other services, and possibly double-sided.  George stated that he would like to see a rendition that would be more specific.  Charlene and Karen said that they will pursue the sign with the other merchants and come back before the Selectmen.      

Marshall White of White Engineering and Shelley and Robin Birnhak of 11 Mahkeenac Road were next on the agenda.  The Birnhaks' had received a special permit from the Selectmen on June 21, 2004.  When the builder, Michael White went to the Building Inspector, the Building Inspector noticed that the plans submitted had the wrong square footage.  Marshall White presented a new plan showing the zoning calculation table to reflect a total lot area of .73 acres.  It was noted that the proposed modifications is in compliance with the Town’s Zoning requirements.  The Selectmen reviewed the updated  plans marked 03-09-010.  Cris made a motion that all zoning requirements have been met with the correct square footage for that property.  George seconded the motion.  The Selectmen unanimously approved the revised plan.

The Selectmen reviewed the South Street project with Marshall White, and asked that Marshall could make sure that the plans are approved at Mass Highway so that the project could happen.  Mass Highway had informed the Selectmen that there were numerous deficiencies in the package that was installed by White Engineering.

Deb stated that the Selectmen and Jorja had recently been asked to tour Kripalu.  Kripalu would like to be more involved with the community.

The Youth Building was sold at auction on Saturday.  There were 6 qualified bidders.  The auction netted the Town $200,000.00.  Two bidders were going strong, with the successful bidder being Robert and Ruth Markovitz, who live next door.

Deb informed the public that two very important meetings were coming up.  One on September 12, which is a public hearing looking for public input regarding the Plain School which will revert back to the Town in September and on October 3, a Special Town Meeting which the Task Force will make a recommendation, and also funding for architect drawings.  Both meetings will be held at the Plain School.

A letter from DEP and Recycle America Alliance was read which extended congratulations to Stockbridge for another successful year of recycling.  A check in the amount of $7,388.66 was received for the recyclable materials delivered to Materials Recycling Facility (MRF).

Also a letter from Mahkeenac Heights Association was read.  The letter stated that the association was impressed and pleased with Tony Campetti’s presentation to answer any concerns and questions regarding the sewer project.

Deb thanked the Laurel Hill for the flowers around Town, especially around the monuments.  Laurel Hill had a beautiful day for their annual meeting and the presentation from Carole Owens was fine.

With no other business, George made a motion to adjourn at 8:30.  Cris seconded the motion.  The vote to adjourn was unanimous.

                                                                A True Copy,  ATTEST