Editorial

What the Founders Had in Mind

It is hard to understand how litigation is part of a constructive effort on behalf of Stockbridge Bowl. It is equally hard to understand the basis of the litigation. Both the town and the Stockbridge Bowl Association (SBA) have the same mandate with respect to the Bowl.

SBA has a long and distinguished history.

It began in 1946 with a letter to the editor from Dr. Anson Phelps Stokes about “protecting Stockbridge Bowl.” Stokes “took the liberty” of suggesting 14 necessary steps “as one whose family held property on Stockbridge Bowl for about 60 years.”

In 1893, the Stokes family built Shadowbrook on a rise above the lake. Their property extended to the lake shore.

In his letter, Stokes suggestion number 11 was “the possible advisability of establishing a Stockbridge Bowl Association to protect the interests of residents and the general public concerned about preserving the charm of the Bowl.”

The first meeting of SBA was held October 1946. Stokes presided. The first motion before the association was “to insure its purity.” It passed unanimously.

The founding purpose of SBA is almost identical to the Conservation Commission’s purpose. “By 1957, General Law Chapter 40 �8C — the Conservation Commission Act — enabled municipalities to establish conservation commissions…The duties and responsibilities of a conservation commission…is protection of a community’s natural resources.” (Fuller details of founding and purpose of the Conservation Commission can be found in SU Issue 5)

Hard to imagine how two entities with the same goal ended in one suing the other rather than ending with a cooperative plan made in the best interests of Stockbridge Bowl.

At the SBA Annual Meeting 2018, President Richard Seltzer assured the attendees that at the same time SBA submits its Notice of Intent (to use herbicides in the lake), SBA will prepare an adversarial document. That is, if SBA does not like the decision of the Stockbridge Conservation Commission, Health Department or Select Board, it will sue to override that decision. “And.” Seltzer said, “SBA will win.”

Perhaps that explains it. Now we just have to ask: is this really winning?

Carole Owens, Managing Editor

by Carole Owens, Managing Editor

Editorial

Stockbridge Updates Statement of Purpose

To inform without opinions or pressure and give you the facts you need to make your own decisions.

To provide space for opinion, but since facts and opinions are different, to clearly mark opinion pieces, and clearly identify the opinion holder.

Stockbridge Updates is a periodic newsletter delivered through email.

Carole Owens, Editor

by Carole Owens, Editor

News

Town News: November 13, 2020

Notes from the Select Board Meeting 11/13/2020

1. Karen Williams, Town Collector-Treasurer, is retiring. A committee was named to review applications: Bronly Boyd, Jorja Marsden, Jay Bikofsky, and Michael Canales.

2. The winter parking ban begins November 15.

3. On December 10, the Select Board and Stockbridge members of the School Committee will meet to fill a vacancy on the School Committee. If anyone would like to be considered, please alert the Select Board before December 10. Currently there are two people interested: Sean Stephen and Nick Fredsall. Cory Sprague was elected to a seat on November 3.

4. The fees for the new liquor licenses for Norman Rockwell Museum and Elm Street Market were prorated. Due to Covid, the Select Board will discuss waiving all restaurant and liquor license fees in 2021 at its meeting this Thursday. Dalton waived liquor license fees for bars; Stockbridge is considering following that example and broadening it.

5. The Board issued a special permit to 19 Birch Lane to build a larger house on the property.

6. The hours permitted for entertainment licenses will be considered. Those who live close by and are affected by noise have voiced support for an earlier cessation of entertainment during the evening. However, there is a requirement that end times be uniform in for all businesses in the residential zoning district. That means end times all have to conform within all zones beginning with “R”. For example, the end time for Tanglewood would have to be the same as the end times for all businesses in any of our residential zones. It is an extra variable to be considered.

Notes from Stockbridge Bowl Stewardship Committee

Friday, November 6, 2020 8am. Via zoom conference cancelled.

Agenda for the meeting on 11/20/2020

• Open Meeting: Welcome, announcements
• Invited guest to speak/ Dr. Kortmann Ecosystem Consulting Service, Inc. was founded in 1980 by Dr. Robert W. Kortmann, Ph.D. (Environmental Science, Rutgers University; Limnology/Ecosystem Ecology University of Connecticut). ECS, Inc. consists of two divisions, Research and Ecological Technologies (EcoTech). The Research Division is run by Dr. Robert Kortmann and staffed by qualified Field Biologists. The Research Division conducts problem solving diagnostic-feasibility studies, monitoring programs, client-based monitoring programs, method and apparatus development and design. In 1985, Charles Bonnell joined ECS, Inc to help develop the EcoTech Division. EcoTech provides design, fabrication, installation, and maintenance of specialized apparatus, as well as SCUBA inspections/surveys, and operation/maintenance services.
• Reports and/or information to share that was requested from last meeting, if time allows.
• Members of the Commission: Tri-Town Health, J. Wilusz; Board of Health, C. Kenny, MD.; Conservation Commission, J. Minacci; Harbormaster (boat launch) G. Kleinerman; SBA, M. Nathan; Select Board Representative, R. McCaffery; Town of Stockbridge / Public Works, M. Buffoni;Sewer & Water Committee, J. Liodice, MD.

News

Update: The Children’s Chimes

The restoration of our unique and historic Children’s Chimes has never looked more likely as Bob Verdin and Jeff Lewis of The Verdin Bell Company met with town officials and chime ringers at the tower on 10/14 to update and review renovation plans. Attending, the review were Select Board members Patrick White and Roxanne McCaffery, Town Administrator Michael Canales, Facilities Manager Chris Marsden, and Peter Williams of the Historical Commission. Also attending was EDM structural engineer Carlo Schneller and senior ringer Claire Williams.

The tower itself will need some minor repairs to stone and cement before any additional work can begin. Mr. Canales and Mr. Marsden are working on the financial/operational planning. The Historical Commission will consider the balance between restoring the original components of the chimes and the possible expansion of the bells from the current 11 to a more standard 14 bell configuration with an updated playing stand.

The expansion would improve both the playability and musical versatility of the chimes. However, the chimes could also retain their current configuration with a repaired and restored frame and playing stand to preserve the historic character of these original structures. The bells were last expanded with the addition of the latest bell in 1973. The current frame holding the bells themselves is in poor condition, as are the cables and hardware.

The work could begin as early as next spring on the concrete and stone work. The bells would be removed from the tower and stored while the frame, cables, and stand are rebuilt. The result would return this historic instrument to top playing condition which could last for generations with the right maintenance.

by Bruce Blair

News

Notes from SBA

In the matter of Stockbridge Bowl Association, Inc. v. Town of Stockbridge Conservation Commission, et al. — Berkshire Superior Court Docket No. 1976CV00032:

In the latest communique from the attorneys for SBA, SBA requests Stockbridge pay SBA $25,000 in court costs. Excerpt from the letter:

“While the Commission has now apparently complied with the Court’s Judgment from last year, the SBA has had to expend over $25,000 in attorneys’ fees – not counting the time and efforts of the SBA board members and the time and effort of this Court – to finally convince the Commission to do what it was obligated to do almost a year ago. The SBA has not been made whole, and the Commission’s much-delayed approval of the Second Amended Order of Conditions does not fully resolve the contempt complaint. The SBA is a not-for-profit organization, and these funds have been diverted from the civic purpose of the care and protection of the Stockbridge Bowl.

In order to complete the Court’s understanding of the “status,” the SBA reports that beginning the day after the last court hearing on October 29, 2020, it has offered the Commission several times to meet to discuss resolution of the contempt complaint, but the Commission has declined to discuss amicable resolution. Indeed, as recently as November 9, 2020, the Commission’s counsel emailed to the SBA’s counsel “I am not aware of anything left to negotiate.”

Dated: November 11,2020 Respectfully submitted, STOCKBRIDGE BOWL ASSOCIATION, INC., Plaintiff, By its attorneys,

Editor’s note: There is an SBA Board Meeting Saturday November 14, 2020. Both town residents and SBA members have an interest in this meeting. SU would like to know: Is it open to the public? Are minutes of the meeting available?

News Alert

Stockbridge Updates News Alert:USPS Announces Closure of Glendale Post Office in Three Days

On November 17, the United States Postal Service announced the permanent closure of the Glendale Post Office, effective at the end of business on Friday, November 20, 2020.

Customers were notified today. According to Title 39, United States Code, Section 404(b), anyone served by that Post Office has the following rights:

1. The public must be given 60 days’ notice of a proposed action to enable the persons served by a Post Office to evaluate the proposal and provide comments.
2. Final determination to close or consolidate a Post Office must be made in writing and must include findings covering all the required considerations after public comments are received.
3. Written determination must be made available to the customers served by the office at least 60 days beforehand.
4. Any customer served by the affected Post Office may appeal the decision to the Postal Rate Commission (PRC) within 30 days of the written determination.
5. The PRC is required to make a determination on the appeal no later than 120 days after receiving the appeal.

According to multiple sources, the following letter, dated today, was the first notice given. Stockbridge Updates will seek clarification from the Stockbridge Postmaster.

Around Town

Shop Local: Meet Our Merchants

https://www.youtube.com/embed/yv7dHbveHus
Walking around this week and saying hello to some of our shopkeeps. Video by Patrick White

by Patrick White

Around Town

Stockbridge Chamber: Main Street at Christmas

Annually, the town of Stockbridge becomes a magical New England setting decorated with holiday wreaths and festive lights, as it celebrates Stockbridge Main Street at Christmas on the first weekend in December annually.

Due to COVID-19 and the need to maintain the health and safety of our patrons, we will not be gathering together in celebration this year. We will embrace the character of the “Best New England Christmas Town” with virtual events, and outdoor, masked-up and socially distanced offerings. Highlights include virtual readings & a holiday marketplace, online videos of holiday concerts past and Main Street at Christmas celebrations, as well as, outdoor holiday light shows, live theatre and more. Some of our events run through the full month of December.

We invite you to celebrate the joyous holiday season with us, take in some of our holiday events and rediscover Stockbridge, MA. The Berkshires is home to world renowned theatre, major art museums, and historic homes. The historic village of Stockbridge, MA offers unique boutiques and galleries, catering to all your holiday gift needs. Browse our local shops, in person or online, dine in our restaurants who offer al fresco dining and takeout, and book a stay at one of our New England Inns.

Before planning to travel here, review our Coronavirus details for Travelers and visit Mass.gov for the latest on COVID-19 and your responsibilities as a community member or visitor. Check with venues and attractions for information on openings, capacity, and available amenities before making plans. During your visit, please remember to keep six feet apart from others and wear a mask or face covering when in public.

by Barbara Zanetti, Executive Director

Around Town

Reader to Reader (an email exchange)

Susan: Hi Carole- This newsletter is great. Thank you for all your efforts- so informative etc.

Now- any idea why I can’t get cell service (phone) in Stockbridge since the storm? Once I cross the bridge on Rte. 7 by Ice Glen, I am all set… Best Susan

Carole: Hi Susan, Sorry I am lucky I can properly use a cell phone. I know nothing about connectivity. Best, Carole

by Carole Owens

Opinion

Understanding How Our Bylaws Are Amended

by Christine Rasmussen and Bill Vogt

Editor’s note: Bill and Christine are Chair and Vice Chair of the Planning Board but are not speaking on behalf of the PB. They are sharing their opinion and knowledge as citizens of Stockbridge.

As you know zoning issues can be very confusing so we thought that giving a brief overview of the process that any bylaw amendment goes through will be helpful information or a refresher.

Because we’ve received questions about the process of adoption of new zoning bylaws, or amending existing ones, we believe it may help to outline the requirements, so that everyone can feel confident that they will have an opportunity to participate in the process.

First, we want to assure everyone that each of the seven members on the Planning Board cares and values our town, its culture and its beauty. We are working hard to ensure that our bylaws protect our town’s character, as evidenced by putting on hold, for now, provisions in a proposed bylaw that appear similar to one in Lenox that may not be appropriate for Stockbridge.

Stockbridge Zoning Bylaw Adoption Process

The “Home Rule Amendment” of the Massachusetts Constitution gives power to a municipality to adopt, amend, or repeal local bylaws as long as their enactment is “not inconsistent with the Constitution or laws enacted by the Legislature.”

To meet this standard, the first step to adopt or change a bylaw begins with filing a proposal with the Board of Selectmen from (i) the Board of Selectmen, (ii) Planning or Zoning Board, (iii)Regional Planning Agency, or (iv) an individual who owns land which would be affected by the proposal, or (v) at least ten registered voters to call for an annual town meeting, or (vi) 100 registered voters or ten percent of the total number of voters, whichever is less, to call for a special town meeting.

Within 14 days of the receipt of the proposal the Select Board must transmit it to the Planning Board. Once received and following mandated procedures for notification, a public hearing is held to provide an opportunity for anyone interested in the issues a chance to express their views or ask questions.

The hearing may be continued to solicit more information or explanations on the proposal. Once the hearing is closed, the Planning Board may submit a report to Town Meeting.

After receiving the report, or after a 21-day period without a report, Town Meeting voters may adopt, amend and adopt, or reject the zoning proposal. For it to be enacted two-thirds of the residents present at the meeting must vote in the affirmative.

And finally, all town zoning bylaws must be sent to a division of the state Attorney General’s office for review before they become official.

by Christine Rasmussen and Bill Vogt

Perspective

Reimagining a Rockwell: Kamala Harris

Graphic artist Bria Goeller captures Vice President-elect Kamala Harris casting the shadow from Norman Rockwell’s painting, “The Problem We All Live With.” The original work is part of the permanent collection of the Norman Rockwell Museum and is on view as part of an exhibition, “Imagining Freedom.” Fun fact: The model in the Rockwell was Lynda Gunn, a Stockbridge native. The real-life little girl’s name: Ruby Bridges.

Perspective

Stockbridge History: The Arrival of Automobiles

Automobiles: Notice

Town of Stockbridge

An ordinance in relation to the speed of automobiles, locomobiles or any vehicle moved or propelled by any power other than animal. Be it ordained by the Board of Selectmen of the Town of Stockbridge, as follows: Section 1. No person shall be allowed accept by special permission from the Board of Selectmen, ride drive or conduct, any vehicle moved or propelled by any power than animal over any road, street or public place in the Town of Stockbridge at a faster rate of speed than six (6) miles an hour. Under penalty of Law as enacted by the Great and General Court, Chapter 53, section 13, acts, 1865. Chapter 28, Section 25. Public Statutes, Chapter 197, Acts 1885. Section 2 This ordinance may be revoked or amended by any Board of Selectmen of the Town of Stockbridge at any meeting of the same by a two-thirds vote, said revocation or amendment to be published one week in the Pittsfield Sun and spread on the town records, also upon the records of the acts and doings of the Selectmen.

Voted ordained at the Selectmen’s rooms, Stockbridge, Mass. Oct. 27, 1900.

Fred S. Aymar, James Burns and Geo. Schneyer, Selectmen of Stockbridge

May 1901 Chapter 192 Section 1 & 2 of the Acts of 1901, to regulate the speed of certain vehicles in the streets of the Town of Stockbridge.

Section 1. No person shall be allowed except by special permission from the Board of Selectmen, to ride drive or conduct any vehicle moved or propelled by any power other than horses over any road street or public place in the Town of Stockbridge at a faster rate of speed that Eight (8) miles an hour, under the penalty enacted by the Great and General Court Chapter 192 Section 1 & 2 acts of 1901.

Section 2. This Ordinance may be revoked or amended by any Board of Selectmen of the Town of Stockbridge at any meeting of the same by a two-thirds Vote, said revocation or amendment to be published one week in the Pittsfield Sun or other county papers and spread upon the town records, also upon the records of the acts and doings of the Selectmen.

by Rick Wilcox