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April 4, 2005

Present:  Cris Irsfeld, Deb McMenamy, George Shippey, Peter Williams, Marty Bullwinkel, David Lane, Lori Robbins, Jesse Robbins, Molly Mast, John Lippmann, Paul Lippmann, Derek Gentile-Berkshire Eagle, Jeremy Crowles-CTSB and Jorja Marsden

Cris welcomed everyone to the Selectmen's meeting.  He continued by congratulating the Marians on a successful, well organized Mercy Sunday.  It was particularly a difficult tie as the Pope had just passed away.

David Lane, Stockbridge Committee member of the Cable Advisory Committee, came to request the Selectmen extend the contract with CTSB for another two years.  The Selectmen were in favor of signing another two year contract.  They pointed out a couple of items which could stand improvement-set specific times for reruns so that the public would know when the meetings will be aired and to improve the sound of the programs.

Attorney Lori Robbins and son Jesse Robbins came to review a special permit application for the Planning Board regarding Shei'rah Foundation Inc. for a multi-family development using three existing dwelling units in two separate buildings with no new construction or change in use.  The property is located at 26 East Street and it in the R-2 Zone.  The attorney stated that the former owners had received a special permit for 10 units-seven at Shaggy Dog (the next property to the South) and three units at the Drummond property-26 East Street.  The prospective buyers of 26 East Street want protection for the three units, therefore this special permit is being requested.  Lori Robbins has testimony from the Drummonds that there were two units since the 30's.  Also, Attorney Robbins stated that in 1988 a building permit was received for renovations making it a two family and a single on the lot.  George made a motion to recommend approval of the special permit.  A second was received from Deb.  The vote was unanimous.

John Lippmann and Molly Mast of Housatonic came before the Selectmen with a Use Permit and a Sign Permit.  Lippmann and Mast would like to open a retail bookstore on the ground floor of the former Meagher Dress Shop at 10 Elm Street.  The bookstore will sell used and new books, independent magazines and have community groups, non-profits to do readings.  There is parking in the rear of the property.  They are requesting one two foot tall mounted on two 7'posts double sided (24"x28") reading Stockbridge Booksellers, and one 4'x1'sign hung from the porch roof stating "Books for what's on your mind"  Both the use and sign permits were approved.  The bookstore hopes to open May 1.

Peter Williams, secretary for the Historic Preservation Task Force and committee member Marty Bullwinkel came before the Selectmen  for some guidance regarding the bylaw the committee has been working on for 18 months.  The committee has done a survey receiving 320 responses, met with various Town Officials, held a public meeting, Mass Historical Commission, and have worked with Town Counsel on drafting a preservation bylaw.  The bylaw would apply to the whole Town and would be less restrictive than a Historical District.  The new bylaw would change the Demolition Bylaw in that the decision making would be done by the Planning Board with a recommendation from the Historical Commission, would affect major alterations and would delay for more than one year.  Approximately 40 people were at the public meeting at the Library.  At the last Planning Board meeting, Chairman Carl Sprague attended and discussed the bylaw revision with the Planning Board and to his surprise and the committees, the bylaw was not favorable and the Planning Board indicated that they would not recommend it at Town Meeting.  Peter stated that the committee met yesterday, and wanted to meet with the Selectmen regarding the article and these turn of events.  The committee does feel that there is still some wording that needs to be clarified and they want to work with the Planning Board.  The Selectmen agreed that the committee should continue and work on the bylaw, especially working with the Planning Board.  Another thought that was extended to the committee was to look at possibly the Historical Commission being the final say and that the Planning Board would be the recommending board.  The Historical Commission will have a full compliment of members soon.  The Selectmen also offered to attend any Planning Board meetings when the Historical Preservation Task Force is on the agenda.  The Selectmen praised the Task Force for all their work.

With no other business, Deb made a motion to adjourn at 7:55 p.m.  George seconded the motion.  The vote to adjourn was unanimous.

						A true copy, ATTEST:

April 7, 2005

Present:  Cris Irsfeld, Deb McMenamy, George Shippey, Clinton Schneyer, David Pottle, Joan Burkhart and Jorja Marsden

The Selectmen met with Clint to go over projects that need to get done-curbing on Prospect Hill Road, Bullard Woods driveway, Old Meeting House Road and Larrywaug Crossroad, Public Access at the Bowl, Elm Street with the bump design, Pine Street curbing and lights on Church Street and on the bridge.

The Selectmen reviewed a letter sent from Town Counsel regarding an article on the Annual Town Meeting which pertains to funds for legal and expert witness fees and related expenses associated with defending against actions filed in court challenging the Town's Zoning Bylaws, Subdivision Regulations or seeking judicial review of decisions.  Since a significant portion of the funds requested are intended for us in paying his firm, Town Counsel believed that this falls under MGL chapter 268A, section 19a.  Therefore Town Counsel request that the Board make a written determination pursuant to section 19 (b) 1 so that he could participate in the Town Meeting or other discussions regarding the Article.  The Selectmen determined that the interest mentioned in his letter is not so substantial as to be deemed likely to affect the integrity of the services that the Town would expect from Town Counsel and his firm.  A letter will be written to Town Counsel in this regard.

David Pottle, Southern Berkshire Educational Collaborative, and Joan Burkhart, Riverbrook, came to definitively discuss their space needs in the Plain School.  David pointed out that he would like the space west of the cafeteria for six classrooms and an office.  He would primarily need the space at this time in the evening, therefore possibly Riverbrook could use the space during the day.  He stated that Stockbridge is definitely a great location for him as they serve from Lee south to Sheffield.  

Joan Burkhart stated that her program is five days a week.  The women are integrated within the community at Kripalu and throughout Stockbridge.  Definitely, having space in the Plain School would be a great location being central and with the mixed use of the Town Offices, Council on Aging, and a Day Care Center.

We would like to have a presence in the building as September, 2005 as the school will be leaving by that date.  

Both groups are willing to pay, however Riverbrook has not incorporated this in their budget.  The So. Berk. Education Collaborative is willing to pay an amount per month, however the amount depends on whether Riverbrook sublets from them, if the Collaborative would be responsible for computer hook-up, lines etc, garbage disposal etc.

The Selectmen asked if both parties could put something in writing to them as a proposal.

						A true copy, ATTEST:

April 7, 2005

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

Cris stated to the Plain School Task Force that the Selectmen had met earlier in the day with David Pottle of Southern Berkshire Collaborative and Joan Burkhart of Riverbrook.  It was a wonderful meeting, as they both loved the idea and the space.  Chuck Gillette started that formal letters of intent are needed from possible tenants.  Joe discussed the rentable space layout from Caolo & Bieniek.  The cost to bring the elevator to the 3rd floor was estimated at $50,000.  Chuck stated that we need to know a real dollar amount before we can go the town.  The consensus of the group was that our next step should be a space needs analysis.  The next meeting will be April 20 at 6:00 p.m.

						A true copy, ATTEST:

April 14, 2005

Present:  Cris Irsfeld, George Shippey, Art Sherman, Elliot Vines, Sandy Newman, Dawn Lane, Bill Roche and Jorja Marsden

Art Sherman and Elliot Vines from Berkshire Institute for Lifetime Learning came at the request of the Selectmen.  B.I.L.L. is looking for classroom/lecture space.  The Selectmen wanted to talk to them about space in the Plain School.  The Selectmen also showed them the plans for the present Town Hall renovations which would convert the building into a true meeting hall.

Sandy Newman and Dawn Lane of Community Access to the Arts came to discuss possible space within the Plain School.

Bill Roche, assistant wire inspector, came before the Selectmen.  Rob Clausen, wire inspector, has given his notice effective May 1.  In speaking with Mr. Roche, it now sounds that Rob would continue to be the inspector.  Mr. Roche stated that towns pay on a fee basis rather than salary.  It was left that Jorja would contact Town Counsel regarding the fee structure and also look at the warrant article that was voted to eliminate the collection of fees by individuals.  She will also speak to Rob regarding his letter of resignation.

						A true copy, ATTEST:

April 25, 2005

Present:  Cris Irsfeld, Deb McMenamy, George Shippey, Linda Shafiroff-Creative Building Solution-Kampoosa Clearing, Sarah Stiner-Creative Building Solutions-Kampoosa Clearing, Attorney Shawn Leary-Kampoosa Clearing, Linda and David Heinrich-Kampoosa Clearing, Diane Woitis-Austen Riggs, KarenLaRocque-Austen Riggs, Paul Campbell-Sergeant Street, Philip Smerling-Sergeant Street, Steve Lacker-KynSungWoo Architects-Austen Riggs, Glen Valentine-RFFD Hilerbrand Architecture Landscape-Austen Riggs, Dr. Edward Shapiro-Austen Riggs, Chauncey Collins-Austen Riggs, Attorney Kevin Kinne-Austen Riggs, Rob Hoogs-Foreside Land Services-Austen Riggs, Caroline Kessman-Sergeant Street, Attorney Elisabeth Goodman for Sergeant Street and Pine Street, Jeffrey and Arline Sosne-Sergeant Street, Mary Ann Miles-Pine Street, Christine Toupin-40 Main Street, Attorney Michael MacDonald-Austen Riggs, Carol Owens, Paul Froncek, Edgar Chamarro-CTSB, and Jorja Marsden

Attorney Shawn Leary representing Linda and David Heinrich, and Linda Shafiroff and Sarah Stiner of Creative Building Solutions came regarding the property at 24 East Street, Kampoosa Clearing. The Heinrichs wanted to inform the board of their plans.  At this point the building inspector has told them that the property would need two special permits-one with the Board of Selectmen and one with the Planning Board.  The special permit applications will be forthcoming.  The owners would like to demolish the existing building that is falling down and has not been occupied for years.  In its place they wish to put a modular house with two living units-one with two bedrooms and one with one bedroom. A letter has been received from Tri-Town Health that they have no issue with the added bedrooms as the septic system accommodates the increase.  The two bedroom unit will be for the property owners.  Kampoosa Clearing has seven rentals at this time, as one of the rentals has been transformed into a laundry room.  The Board told them that they could not rule on this as the application has not been submitted, however they felt that it would be an improvement for the property.

Attorney Kevin Kinne, representing Austen Riggs Center Inc. for a special permit application with the Planning Board for proposed improvements to the parking area serving the existing Lavan House educational "step down" facility was next on the agenda.  The property is location at 13 Main Street which is located in the R-C Zone.  The application is made under Sections 6.2.6 -Off Street Parking Requirements.  The parking will be moved away from the neighbors property, the lighting will be downward and more within the center of the property.  Screening will be placed so to shield the parking from the neighbors.  There will be 10 parking spaces which will include handicap parking and three spaces for overflow.  George made a motion to send a favorable recommendation to the Planning Board.  Deb seconded the motion.  The vote was unanimous.

Cris read the legal notice for the special permit submitted by Austen Riggs Center, Inc pursuant to Sections 6.1.2-nonconfornance height of existing inn, 6.2.3-shared parking and 4.11.A.10-Health Care Facility for the proposed construction of (i) a Community Center building adjacent to the Inn Building; and (ii) a 750-square foot rear porch addition to the Inn Building.  The proposed Community Center will contain approximately 11,156 square feet of space and will house Community meeting rooms, offices, recreation rooms, patient kitchen, life-skill training rooms, and other related uses with parking to be provided to the rear of the Inn and adjacent Medical Office Building on a shared basis.  

Attorney Kevin Kinne representing Austen Riggs, stated as part of the Master Plan presented to the Selectmen and the neighbors about a year ago, they are here to ask for the construction of the Community Center, dining porch and shared parking which is already being done.  The Community Center will be used for patients only.  Landscaping will be done which will include planting of trees.  The loop driveway to the rear of the Inn Building will be removed and a new fire lane constructed.  The arch on the Inn Building will remain, however vehicles will not be able to enter as the Community Center will be built to the rear of the Inn Building.

Rob Hoogs, Foresight Land Services, stated that work will be 120 feet from the wetlands, therefore, there is no Conservation issues with this application.  Mr. Hoogs stated that there will be 145 shared parking spaces.  Attorney Elisabeth Goodman, representing neighbors on Sergeant and Pine Street, questioned the interpretation of the shared parking and asked how many spaces were for professional staff.   Mr. Hoogs continued by saying that Stockbridge bylaws encourage shared parking, the parking is pre-existing and that the shared parking is efficient for the facility.  Mr. Hoogs also stated that there would be negligible traffic impact from the Community Center and that the parking is not seen from the street.

Landscape Architect Glen Valentine showed plans for a canopy configuration over the lawn that would appear to be small rooms with benches that patients and staff could enjoy.  The walkway would be brick.  Steve Lacker, architect for the Community Center, showed the elevations and view of the building.  The building will be clapboard, with wooden windows.  Christine Toupin, an architect at 40 Main Street, did not like the design and felt it not in keeping with the other building.   Attorney Michael McDonald of Cain, Hibbard, Myers and Cook, stated that the project had received support from Massachusetts Historic in December 2004 and was supported by the Stockbridge Historical Commission.  

Attorney Elisabeth Goodman stated that the use of the driveway onto Sergeant Street is a problem.  Her clients wished the Selectmen would deal with this issue now rather than wait for further development of the Master Plan.  This driveway use has an impact on the residential neighborhood.  They charge that the lights shine into their homes, and the vehicles speed up and down Sergeant Street.  Cris expressed that he felt the neighbors were not giving the Board credit for being sensitive to the Sergeant Street neighbors.  Austen Riggs has as much legal right as Sergeant Street residents to use the Town road.

Jeffrey and Aline Sosne of Sergeant Street stated that for two years they have been trying to have Austen Riggs not use the driveway onto Sergeant Street.  Attorney Goodman continued by saying that she felt the parking was an illegal expansion of a nonconforming use under zoning section 6.2.

George read the recommendation from the Planning Board.  "The Planning Board reviewed the special permit application submitted by Austen Riggs at its April 12th meeting.  After a presentation by Kevin Kinne and a brief discussion, the Planning Board voted to recommend approval of this application under Sections 4.11.A.10, 6.1.2 and 6.2.3. 

Caroline Kessman, 17 Sergeant Street read a letter into the record stating that she and her husband feel that the whole development plan should be dealt with now rather than in segments.

Cris Irsfeld told the neighbors to be concerned with the new parking and driveway onto Sergeant Street when that is part of the special permit application which it is not at this time.

Attorney Goodman stated that if Austen Riggs would just shut off the driveway onto Sergeant Street, they have not other problems with the project.  She couldn't understand why they could not take the subject up now as they have asked for it many times and this does have an adverse impact on the neighbors.

George felt that the Board would be willing to have a condition of the special permit to not have any construction vehicles and or activities enter or exit Sergeant Street. 

A motion to approve the findings and the application for the addition of the porch to the Inn Building to be built as to the blueprints was made by George.  Deb seconded the motion as the addition conforms to the bylaws today.  

The Board of Selectmen made the following findings in regard to section 6.1.2 which deals with the porch addition to the Inn Building, which is a nonconforming structure as to the height of the existing Inn.

a.	Is in compliance with all provisions and requirements of this Bylaw, and in harmony with its general intent and purpose- the porch itself qualifies as is being attached to a building that was built before the bylaws; 
b.	Is essential or desirable to the public convenience or welfare at the proposed location- it is where it is; 
c.	Will not be detrimental to adjacent uses or to the established or future character of the neighborhood- that little porch will not bother anyone;  
d.	Will not create undue traffic congestion or unduly impair pedestrian safety- it won't have anything to do with that;
e.  	Will not overload any public water, drainage, or sewer system or any other municipal facility to such an extent that the proposed use of any existing use in the immediate area or in any other area of the town will be unduly subjected to the hazards affecting public health, safety or general welfare- we have spoken regarding water lines and the sewage use and this will not have any affect.

The five findings have been met and we have a motion to accept that particular one under section 6.1.2.   A motion was made and seconded.  The vote was unanimous to approve the addition of the porch to the Inn Building.

Under 6.2.3-the shared parking, a motion to approve the new configuration of shared parking was made by Deb.  George seconded the motion.  The vote was unanimous.

Under 4.11.A.10, Health Care Facility, the construction of the Community Center building adjacent to the Inn Building, a condition was added that Austen Riggs will enforce keeping all construction traffic, trucks, anything to do with the construction, off the access road onto Sergeant Street and if they fail to enforce that condition, the Board of Selectmen will require them to hire a flagman or someone to stand there during business hours to make sure that the access road was not used.  George moved the motion as proposed with the condition.

The Board made the following findings regarding 6.2.3 and 4.11.A.10:

a.	This addition is in compliance with all provisions and requirements of this Bylaw, and in harmony with its general intent and purpose- this has been proven

b.	Is essential or desirable to the public convenience or welfare at the proposed location-means all setbacks, within their campus, at our request before we saw any design work at all, we asked that it be setback off the line of site from Main Street, and they have done that for us; 

c.	Will not be detrimental to adjacent uses or to the established or future character of the neighborhood-adding three beds, and some conference rooms, will not overwhelm any one neighborhood; 

d.	Will not create undue traffic congestion or unduly impair pedestrian safety-have added seven parking places; 

e.	Will not overload any public water, drainage, or sewer system or any other municipal facility to such an extent that the proposed use of any existing use in the immediate area or in any other area of the town, will be unduly subjected to the hazards affecting public health, safety or general welfare-it is not going to effect anything as far as public water or sewage; we have rulings from the two boards on that, and in fact it adds a layer of safety with a new main hydrant behind the building.  

George made a motion to approve as presented to the board with the condition.  Deb regretfully seconded the motion.  The vote was approved unanimously.  

Cris gave a history of the preservation task force and the preservation bylaw that they are working on for Stockbridge. Cris continued by stating that this Board or any future board has you in mind for anything that has to do with the parking lots or the moving around of the grounds of this campus.  The time to fight your fight for Sergeant Street is when and if that ever comes forward because that is where there is a lot of wiggle room to get what you want permanently.

Deb requested that spring is upon us, and urged people while walking or cleaning their yards from the messy winter debris to pick up if they see paper etc. where it shouldn't be.

The Selectmen signed the warrant for the Annual Town Elections and Meeting which will be held on May 16.

With no other business, a motion was made by Deb to adjourn at 9:35.  A second was received from George.  The vote was unanimous.

						A true copy, ATTEST: