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MEETING: Planning Board
DATE:
January 20, 2009 - 06:30 PM |
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Minutes
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Minutes of January 20, 2009
Public Hearing – Special Permit, 13 North Main Street, East Longmeadow Mobil
Chair, Thomas Morrissette opened the public hearing and Clerk, George Kingston read the legal notice into the record.
Representative Attorney Larry Levine and Applicant Robert Belli were present. Attorney Levine said that the gas station has existed for well over 50 years at the present site. Mr. Belli purchased the real estate within the last 2 years and is now the record owner of the real estate as well as the business. He said the Special Permit request is to expand the area for selling convenience store items into the two existing service bays. He said they will be eliminating repairs and inspections and under the by-laws a gas station with a convenience store requires a Special Permit.
Mr. Morrissette reiterated that the inspection bays & repair bays will be gone and that area is going to be a convenience store. Attorney Levine said there is a small area in the back for coolers, storage and a small office but basically both bays will be servicing that. Mr. Morrissette said the space of the building is 1,440 square feet and the parking requirements are six spaces per thousand. Mr. Morrissette also stated that the parking plan shows the nine required spaces with one being a handicapped space. He asked if the overhead doors were being eliminated. Mr. Belli said yes and an emergency exit will be constructed on the Elm Street side. Mr. Morrissette addressed the Board for any questions.
Mr. Punderson asked if the parking spaces were drawn to scale because area #4 showing the handicapped area is basically the same width as the other parking spaces. He said the handicapped space should be larger. Mr. Anderson said that parking space #1 seems very narrow and he thought the surveyors have been putting the dimensions on the plan. Attorney Levine said he thought they were done to scale and there is additional room on the north side to make corrections in the space dimensions, if required.
Mr. Kingston said the overhead photography shows that all spaces are the same width and it shows the handicapped spot is further out so it could be van accessible as well. Mr. Levine said that they intentionally eliminated that area because they thought to make it the same depth as the other parking spaces. Mr. Kingston said the reason he asked that was otherwise parking space #3 has plenty room next to it and could easily be van accessible. Attorney Levine said that space #4 is closer to the entryway.
Mr. Morrissette said that it is critical they meet at least the nine parking spaces because it is going to be a much different use then what is currently there.
Mr. Punderson asked where their dumpster is. Mr. Morrissette said that it is back to back to Romito’s dumpster.
Mr. Przybylowicz asked if the concrete configuration across the front of the building was being expanded and how much of it is sidewalk. Mr. Belli said that it is an existing apron pad in front of the two bays and the handicapped ramp/slope is on the left hand corner to accommodate both the bathroom and the entry door. Mr. Przybylowicz asked if any site improvements are planned other than the re-striping of the parking ramp. Mr. Belli said that they are going to landscape where the sign is, plant annuals and trim the christmas tree. Mr. Przybylowicz asked if it was going to be a Mobil “on the run” store. Mr. Belli said that he did not qualify for “on the run” because of his square footage and so it is going to be called “Rotary Mart”. Mr. Przybylowicz asked if there was going to be any other building improvements other than the new windows. Mr. Belli said the glazing on the façade facing North Main Street will be covered and the Elm Street façade, the first and third segment of glazing will be covered. He said that the center is going to be cut out completely and that is going to be an emergency exit with a new entrance for deliveries.
Mr. Morrissette addressed the Board for any more questions, there being none, he addressed the audience for any questions. There being none, and upon motion duly made and seconded, the Board voted unanimously (5-0) to close the hearing. With no need for further discussion, and upon motion duly made and seconded, the Board voted unanimously (5-0) approve the Special Permit conditioned on the submittal of a parking plan approved by the DPW for access, egress & drainage and showing the dimensional requirements for the parking spaces. Mr. Morrissette said that the Board does require that the parking space show the dimensions on plan.
Signage – East Longmeadow Mobil, 13 North Main Street
The Board reviewed signage requests presented by East Longmeadow Mobil, 13 North Main Street. After review of the five proposed signs and upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the following signs:
 One ground pylon sign measuring 45 square feet with a setback of
3.5 feet from the property line. The sign is to be approximately 13’8”
in height. This sign is a pre-existing, non-conforming ground sign and because
the pole and copy are changing, such changes will require a Variance
from the Zoning Board of Appeals regarding the setback. The Board voted unanimously (5-0) to approve the pylon ground sign as presented, conditioned upon the granting of a Variance from the Zoning Board of Appeals and approval of the Building Inspector.
 Two building signs each measuring 24 square feet reading “Rotary Mart” to be placed at the building side facing Elm Street and one on the building side facing North Main Street. The Board voted unanimously (5-0) to approve the two building signs, conditioned upon approval of the Building Inspector.
 Two canopy signs each measuring 14 square feet with the facia of the canopy encased in blue plexi-glass and with approximately fifteen (15) lights located under the canopy to illuminate the site were presented to the Board. In addition, there was a request to update the Mobil logo. After discussion and upon motion duly made and seconded, the Board voted unanimously (5-0) to deny the sign because the amount of illumination will be detrimental to the site with the potential for major motor vehicle distraction at the rotary. Further, the Board determined that the maintenance of the logo “MOBIL” was permitted as right and thus, no permit is required.
Request for Waiver of Site Plan Review – Property Development Resources, 131 Patterson Avenue
The Board reviewed a Request of Waiver of Site Plan from Paul Ruscio of 131 Patterson Avenue to operate a operate a home office for his property management business at that location. There will be no employees and no commercial vehicles other than a van-type automobile that is used for his personal use.
Upon motion duly made and seconded, the Board unanimously (5-0) voted to approve the Request for a Waiver of Site Plan Review conditioned on the Board’s understanding, and the applicant’s assurance, that there will be no retail operation at this location, no additional employees and no signage. The office is not to occupy any more than 20% of the total floor area of the dwelling, including the basement area. If there are any changes in this business operation, the applicant must appear before the Planning Board again to discuss those changes.
Request for Waiver of Site Plan Review – Deborah Interiors, 136 Windham Drive
The Board reviewed a Request of Waiver of Site Plan from Deborah Grisaru-Keedy of 136 Windham Drive, Deborah Interiors to operate a home office for her interior design business at that location. There will be no retail operation at the location, no outside storage, no equipment, no additional employees and no signage.
Upon motion duly made and seconded, the Board unanimously (5-0) voted to approve the Request for Waiver of Site Plan Review conditioned on no retail operation at the location, no outside storage, no equipment, no additional employees and no signage. The service is not to occupy any more than 20% of the total floor area of the dwelling, including the basement area. If there are any changes in the business operation, the applicant must appear before the Planning Board again to discuss those changes.
Request for Waiver of Site Plan Review – Fine Line Painting, 136 Windham Drive
The Board reviewed a Request of Waiver of Site Plan from Glenn Keedy of 136 Windham Drive to operate a operate a home office for his painting business “Fine Line Painting Co.” at this location. There will be no employees and no commercial vehicles other than one E150 Van which is allowed by right.
Upon motion duly made and seconded, the Board unanimously (5-0) voted to approve the Request for Waiver of Site Plan Review conditioned on there being no retail operation at the location, no outside storage, no equipment, no additional employees and no signage. The office is not to occupy any more than 20% of the total floor area of the dwelling, including the basement area. If there are any changes in the business operation, the applicant must appear before the Planning Board again to discuss those changes.
Request for Waiver of Site Plan Review – Edward Pallotta, 102 Pease Road
The Board reviewed a Request of Waiver of Site Plan Review from Enrico Pallotta, “Edward E. Pallotta Landscape” of 102 Pease Road to operate a home office for his part time landscape business at this location. There will be no employees and no commercial vehicles other than one personal pickup truck.
Upon motion duly made and seconded, the Board unanimously (5-0) voted to approve the Request for a Waiver of Site Plan Review conditioned on the Board’s understanding, and the applicant’s assurance, that there will be no retail operation at this location, no outside storage, no equipment, no additional employees and no signage. The office is not to occupy any more than 20% of the total floor area of the dwelling, including the basement area. If there are any changes in the business operation, the applicant must appear before the Planning Board again to discuss those changes.
Ralph Page, Page Landscaping – Request for grandfathering, 137 Pease Road
Mr. Page said the he wanted to know how he went about being grandfathered to allow him to operate his business at 137 Pease Road. He said he sent a letter to the Board & the Building Inspector and Ms. Macdonald did mention getting together with Mr. Hellyer to discuss the issue. At that time Mr. Kingston read Mr. Page’s letter into the record. Mr. Page said that he is the owner of Page Landscaping and was not applying for a Special Permit for Home Based Trade. He said that Page Landscaping was a continuance of a legal business that was in existence prior to the 1962 zoning change. He then referred to section 3.4 of the by-laws which states “This by-law shall not apply to buildings or structures nor to the existing use of any building or structure or of land lawfully in existence or lawfully begun prior to the adoption of this by-law”. The zoning was adopted by a 2/3 majority vote on November 15, 1962 article VII and attached. He said his late father Donald Page opened the business in 1962 and attached a copy of his schedule C which indicated that he was self employed and running a business out of 137 Pease Road prior to the adoption the by-law. Mr. Page said that the business was called Laurel Cleaning Service and was operated out of 137 Pease with all equipment stored in the carriage house. He said that the matter was addressed in1996 with the former Building Inspector, Tom DiMarzio and he was never contacted by him or any other Building Inspector with regard to operating his business after that so he assumed that everything was fine and he continued to run his business.
After further discussion the Board determined that the Planning Board does not have the authority to make the determination as to whether or not his business meets the requirements of a pre-existing non-conforming use at that property. The Board will address the issue with the Building Inspector and ask him to make a determination.
There being no further business and upon motion duly made and seconded, the Board voted unanimously to close the meeting at 8:15 p.m.
For the Board
George C. Kingston, Clerk
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