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July 11, 2005

Present:  Deb McMenamy, Cris Irsfeld, George Shippey,  Sandy Carter-Verizon Wireless, Attorney James B. Sheils-Verizon Wireless, Barbara and Donald Shack, Attorney Philip Heller, Attorney Lori Robbins, Alan Clark-Clark and Green, Bob Tynan-White Engineering, Howard Rosenfeld, Jeremy Crowles-CTSB and Jorja Marsden

Deb opened the public hearing for Pittsfield Cellular Telephone Company d/b/a Verizon Wireless by reading the legal notice.  Pittsfield Cellular Telephone Company d/b/a Verizon Wireless wishes to erect twelve antenna panels on an existing wireless telecommunications tower at the Stockbridge Sportsmen’s Club, 24 West Stockbridge Road.  The property is located in the R-4 zone.  Application is made under 6.25.  

Attorney James B. Sheils stated that the corporation had discussions with the club, looked at the location, stretched their policy and would like to be the sixth carrier on the tower at the height of 110’.  It was explained that the panels do not stick out and the three outside panels will be flush against the pole.

Deb was concerned with the Verizon coverage for the Main Street.  The Selectmen reviewed the propagation charts.  Verizon did state that they are looking at possibly going onto the tower on East Street.  George asked if the towers in Great Barrington, would help us.  Sandy Carter explained that they would not.

George inquired about the size of the building.  Attorney Sheils stated that they have an emergency back up therefore there would be no gaps in the coverage.

Planning Board had sent a favorable recommendation to the Selectmen.  

Cris stated that nothing has changed, Verizon is asking to go on the same tower that is there and the findings have been met.  

Cris made a motion to approve the application as submitted.  George seconded the motion.  The vote to approve the application as submitted was unanimous.

Deb opened the public hearing for the Donald and Barbara Shack at 9 Mahkeenac Road by reading the legal notice.  The Shacks would like to alter the existing, nonconforming dwelling by constructing a 31’-8” x 22’, addition on the first floor of the dwelling.  The property is located in the R-2 zone.  Application is made under 6.1.2.  

Attorney Heller representing the Shacks stated that the property consisted of 2.3 acres, had 313.6 feet of frontage.  The north sideline setback will be reduced from 64.8 feet to 35.7 feet.  The rear setback is 39.9, the addition will setback 53.8 feet from the Bowl.  The existing dwelling is 25 feet in height, the addition will be 21.2 feet.  The lot coverage will increase from 2.5% to 3.2%.  The total habitable area with the addition will be 2,966 square feet. The ratio of combined floor area of buildings on the lot will be 2.9%.  The property has been connected to the municipal sewer.

Alan Clark of Clark and Green described the floor plan with the new addition which will be a multi-purpose room.  Bob Tynan of White Engineering discussed the topography and the drop in grade.  He also stated that there will be no erosion or change in the vegetation.

Deb read for the record the recommendation from the Planning Board and noted that they will reconsider the LPOD application on August 23.  

Donald Shack stated that he had been coming to the Berkshires since 1938 with his parents, went to camp here and went to Williams College.  The Shacks would like to spend more time here as their daughter lives in Richmond.

The Selectmen made the following proposed use for the Shack Special Permit:

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.(c) specifically allows for an extension, alteration or reconstruction that increases the footprint of a pre-existing, nonconforming structure if said extension, alteration or reconstruction is no closer to the lot line than the closest point of the existing structure, and the resulting structure complies with the applicable maximum lot coverage set for the in section 5.5.  The extension will be in conformity with the required 35-foot sideline setback of the zoning bylaw.  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.  There is sufficient setback from Mahkeenac Road and from Stockbridge Bowl so that the addition will not adversely impact neighbors or the lake.  An Order of Conditions was issued by the Stockbridge Conservation Commission on March 22, 2005 for the proposed work.

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 addition 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 application with the Planning Board pursuant to section 6.5, Lake and Pond Overlay District.  The addition 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 at the location.  The property is served by a well and town sewer.

George made a motion to approve the application of a first floor addition as proposed.  Cris seconded the motion.  The vote to approve the application was unanimous.

Deb opened the special permit hearing for Marian Meyerson of 24 Mahkeenac Road by reading the legal notice.  The Meyersons wish to construct a 15’x20’, 300 square feet addition onto the east side of the dwelling.  The structure is a pre-existing and nonconforming structure as to minimum lot area, frontage and all setbacks.  The property is located in the R-4 zone.  Application is made under 6.1.2.

Attorney Philip Heller representing the Meyersons described the property.  The dwelling is located on 8,521 square feet of land with 60 feet of frontage.  The east sideline will be reduced from 34 feet to 22 feet.  The Meyersons have received a variance to permit the reduction of the east sideline setback.  The total habitable area of the residence with the addition will be 840 square feet.  The ratio of combined floor area of buildings on the lot will be 9.9%.  The coverage of the lot will increase from 6.3% to 9.9%.

Bob Tynan of White Engineering stated that Conservation Commission did not have any issues.  He continued by saying that this a small lot and that because of the topography of the land, there was only one place to put the addition.  The property will be connected to the sewer.

Deb read the vote of the Zoning Board of Appeals, allowing for the variance, and read for the favorable recommendation of the Planning Board.

The Selectmen made the following findings:

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 6.1.2c specifically allows for an extension, alteration or reconstruction that increases the footprint of a pre-existing, nonconforming structure if said extension, alteration or reconstruction is no closer to the lot line  than the closest point of the existing structure.  With the exception of the reduction in the east sideline setback from 34 feet to 22 feet for which a variance had been received from the Zoning Board of Appeals, all other setbacks will be maintained.  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.  The lot is surrounded by vacant land, and the sidelines are heavily wooded with natural screening.  The unusual topography of the lot further screens the house and addition from abutters.  The closest structure of an abutter is approximately 85 feet from the proposed addition.

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 300 square foot addition is modest in nature and is a necessity because of the age and physical handicap of the owner of the property.  

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 with two bedrooms, and there will not be any adverse impact on vehicular pedestrian traffic.

e.   The proposed extension will not overload any public services to the location.  The property is served by town sewer and a well.

Cris made a motion to approve the application as submitted.  A second was received from George. The vote to approve the special permit as submitted was unanimous.

Deb opened the public hearing for Alberni Holdings, Inc., 26 East Street by reading the legal notice.  Alberni Holdings, Inc. wishes to alter a pre-existing, nonconforming structure to allow the extension and continuation of a use as a two family dwelling in one building and a single family dwelling in the other building.  The property is located in the R-2 zone.  Application is made under 6.1.2.  

Attorney Lori Robbins representing Alberni Holdings, Inc. introduced herself and Howard Rosenfeld of Shei’rah Foundation.  Shei’rah Foundation sold the property to Alberni Holdings, Inc.  Attorney Robbins gave a history of the property and how it became three dwellings.  The applicant seeks to obtain this special permit to allow the continued use of the ground floor portion of the Main House as a dwelling and to allow the continued use of the Cottage.

Cris felt that this was just a technicality.  George did not have a problem.

The Selectmen voted the following finding regarding the Alberni Special Permit.

a.   It is in compliance with the bylaw in that it is a residential use in a residential zone.  The proposed zoning protection sought for the continued use of the Main House as a two family residence and the continued use of the cottage as a residence is in harmony with the bylaws general intent and purpose, which is to preserve the value of land and buildings, including conservation of natural resources.  The driveway is set back more than 50 feet from any side or rear property line and all parking is located to the rear of the setback line and at least 50 feet from any side or rear property line.  No changes are sought to the existing grade, drainage, or landscaping.  
	
b.   It is essential or desirable to the public convenience or welfare at the proposed location because the preservation and use of the Main House as a two family dwelling and the Cottage as a one family dwelling contributes to the existing housing stock in Stockbridge.  No construction or use is proposed.

c.   It will not be detrimental to the adjacent use or the future character of the neighborhood.  The neighborhood is residential in character, and residential uses is consistent with the neighborhood.  There are two multi family dwellings within the neighborhood.

d.   The continued use of the Main House as a two family dwelling and the Cottage as a one family dwelling will not create undue traffic congestion or impair pedestrian safety because these uses have been in existence since as early as the 1930’s and the three residential units have been used residentially since 1990.

e.   The continued use as a two family dwelling and a one family dwelling in existing structures will not overload any public well and septic system.  A Title V report has been done as well as a water test.

George made a motion to approve the application as submitted to alter a pre-existing, nonconforming structure to allow the extension and continuation of a use as a two family dwelling in one building and a single family dwelling in the other building.  A second was received from Cris.  The vote to approve the application as submitted was unanimous.
 
The following announcements were made:

The 2005 Household Hazardous Waste Collection will be on Saturday, July 23 from 9 a.m. until 11 a.m. in Stockbridge.  Please call CET to pre-register.

George had arranged for a tour of Kripalu for the Selectmen and Executive Secretary.  Kripalu would like to become more community oriented and hope to extend their program out to the community.  Kripalu is also becoming more educational rather than religious.

Officer Bill DeSantis was recently honored in Torrington, Ct by the Seitz Corporation.  Bill was on his way home and saved the life of a Seitz Corporation employee who was riding his bike and hit the back of a car and went through the window.  Bill received citations from the city of Torrington, Seitz Corporation, and the General Assembly of the State of Connecticut.

The second homeowners meeting went very well and approximately 50 attended.  The homeowners praised the Town and its employees for their consideration and the way they are treated.

With no other business, Cris made a motion to adjourn the meeting at 8:30 p.m.  A second was received from George.  The meeting was adjourned.

					A True Copy, ATTEST:

July 14, 2005

Present:  Deb McMenamy, Cris Irsfeld, George Shippey, Joe Kellogg, Jack Spencer, Chuck Gillett, David McCarthy, Jim McMenamy, and Jorja Marsden

The Plain School Task Force meeting started at 6:00 p.m.  Cris stated that the Post Office is under a five year rental cycle.  Jack Spencer suggested that the next schedule reuse meeting be held at the Plain School.  The Selectmen will ask the School District if we could hold a meeting there on August 3.

Joe Kellogg has spoken with Peter Lafayette about management of the Plain School when it reverts back to the Town.  Mr. Lafayette is considering it as this would be a new venture for his firm.

						A true copy, ATTEST:

July 18, 2005

Present:  Deb McMenamy, Cris Irsfeld, George Shippey, Steve Bannon, Joe Kellogg, 
and  Jorja Marsden

Deb opened the meeting by welcoming Steve Bannon from the Berkshire Hills Regional School District school committee.  Donna Moyer, Superintendent, was unable to attend.  The Selectmen wanted to update the school committee on the Plain School Task Force meetings, regarding the use of the Plain School.  Mr. Bannon stated that he would inform his committee of the time frame of the scheduled hearings regarding the Plain School.

                                                                  A True Copy, ATTEST

July 25, 2005

Present: Deb McMenamy, Cris Irsfeld, George Shippey, Shannon Boomsma, White Engineering, Jeremy Crowles,  CTSB and Jorja Marsden

Shannon Boomsma, White Engineering reviewed the application of Barbara Cohen-Hobbs Special Permit application.  The application is to blacktop the driveway and to divert water from going into the garage.  The Conservation Committee made a negative determination.  George Shippey made a motion to recommend approval to the Planning Board under Lake and Pond Overlay.  Cris seconded the motion.  The vote to recommend
approval to the Planning Board was unanimous.

Representatives from MassPirg stopped in to ask permission to go door to door.  The Selectmen explained to them that due to the recent homicide, that they really would prefer that they don’t go door to door.  The Selectmen, understanding their right, allowed them to solicit from 4:00 until 7:00 for three to four days.

The Selectmen stated that there will be a public (hearing) meeting on September 12 at 6:00 at the Plain School.  A tour will be possible at 5:00 for whomever would like to go through the building.  The Plain School Reuse Committee has been working on the uses of the Plain School for almost two years and wants to relay to the Town’s people exactly what the architect and marketing specialist have determined.  After the public meeting on Sept. 12, there will be a Special Town Meeting on October 3 to actually vote on what to do with the building.

Other important dates are August 6, dedication and tours of the new schools, August 20, auction of Youth Building and Laurel Hill Day.

With no other business, George Shippey made a motion to adjourn at 7:24 p.m. Cris Irsfeld seconded the motion.  The motion to adjourn was unanimous.

                                                             A True Copy: ATTEST