Town of East Longmeadow, Massachusetts

MEETING: Planning Board DATE: April 13, 2009 - 06:30 PM	Printer Friendly Page Email Meeting
VIEW: Agenda \| Minutes

Minutes of April 13, 2009

Present were: Thomas Morrissette, Chair; Michael Przybylowicz, Vice Chair;
George Kingston, Clerk; Donald Anderson and Peter Punderson.

Request for Waiver of Site Plan Review – Martin Spalding, 31 Canterbury Circle

Clerk, George Kingston read the request from Martin Spalding of 31 Canterbury Circle, Mini D’s Donuts to operate a home office for his donut making business which operates at fairs and festivals. There are no trailers, the hours of operation are seasonal from July to October and he has no employees. 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 additional employees other than the owner and no signage. No trailers or commercial vehicles will be kept on the property and all equipment is stores in a small portion of his cellar when not in use. The space for this business 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 operation, the applicant must appear before the Planning Board again to discuss those changes.

Request for Waiver of Site Plan Review – Donald & Nancy Marchand, 141 Allen Street

Clerk, George Kingston read the request from Donald & Nancy Marchand to operate a home office for their upholstery & carpet cleaning business, Ludlow Carpet & Upholstery Cleaning. They schedule appointments over the phone, have hours of operation from 8:00 a.m. – 5:00 p.m. and there are no employees. After discussion the Board determined that they wanted Mr. and Mrs. Marchand to come and talk to the Board to clarify the nature of their business and the amount of equipment they may (or may not) have.

Request for Waiver of Site Plan Review – Pamela Hood, 52 Prospect Street

Clerk, George Kingston read the request from Pamela Hood of 11 Overlook Drive to operate a dog grooming shop at 52 Prospect Street. The name of the business is Pampered Pooch. Hours of operation are Wednesday – Saturday 9:00 a.m. – 3:00 p.m. and she has no employees. Upon motion duly made and seconded, the Board unanimously (5-0) voted to approve the Request for Waiver of Site Plan Review with notice that if there are any changes in the service the applicant must appear before the Board to discuss those changes.

Request for Waiver of Site Plan Review – Peter Carpenter, 421 Prospect Street

Clerk, George Kingston read the request from Peter Carpenter, Janik Appraisal Services, 421 Prospect Street to operate a home office for typing real estate appraisal reports. The proposed hours of operation are Monday through Friday 8:00 a.m. to 5:00 p.m. Upon motion duly made and seconded, the Board voted (5-0) unanimously to approve the Request for a Waiver of Site Plan Review conditioned on there being no retail operation at the location, no employees other than the owner, no clients coming to the site and no signage will be placed at the site. 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 operation the applicant must appear before the Planning Board again to discuss those changes.

Request for Waiver of Site Plan Review – Steven Davis, 124 Colony Drive

Clerk, George Kingston read the request from Steven Davis to operate a home office for support of his business of installing hardwood and ceramic tile flooring. There is no lettered vehicle parked on the site and all materials are stored off-site at Wizard Storage Units. The proposed hours of operation are Monday through Friday 7:30 a.m. to 5:00 p.m. There are two employees who do not park their vehicles at the site. Upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the Request for a Waiver of Site Plan Review conditioned on there being no retail operation at the location, no employees other than the owner, no clients coming to the site and no signage will be placed at the site. If the vehicle is commercially registered, it must be screened from street view and abutters by garage or other appropriate vegetative or fence screening. 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 operation the applicant must appear before the Planning Board again to discuss those changes.

Public Hearing Home Based Trade Special Permit – Michael Kneeland, 60 Lee Street

Chair, Thomas Morrissette opened the public hearing and Clerk, George Kingston read the legal notice into the record.

Mr. Morrissette asked Mr. Kneeland to explain what he does at his property and what his business is.

Mr. Kneeland said that he owns a landscaping business.

Mr. Morrissette said that a site visit was performed and where the fence, truck and trailer were located were fine. He said that the one issue they had was with the screening and asked him if he could continue the fence and plantings so that the neighbor could not see the trucks from their side. Mr. Kneeland said he could do that.
Mr. Morrissette addressed the audience for any questions.

Paul Morrissino, 31 Michel Street said that he can see the trucks from his rear property and was wondering if any screening was going to be installed because he can see right through the trees. Mr. Kneeland said if he takes the trees out and plants something new it will take a couple of years to grow. Mr. Morrissette said that he could install more stockade fence. Mr. Morrissino said that the existing stockade fence is right on the line and if he understands the law correctly, it is supposed to be 3 feet off the property line. Mr. Morrissette said on the plan the existing fence is showing right on the line so that has to be moved. After further discussions the Board asked Mr. Kneeland to come back with a new screening plan showing the fence moved to the proper location and new plantings. Upon motion duly made and seconded the Board voted unanimously (5-0) to continue the public hearing to May 12th at 6:45 p.m.

Public Hearing Home Based Trade Special Permit – Mark Fitzpatrick, 99 Maple Street

Chair, Thomas Morrissette opened the public hearing and Clerk, George Kingston read the legal notice into the record.

Mr. Morrissette asked Mr. Fitzgerald to explain what he does at his property and what his business is.

Mr. Fitzpatrick said that he is a painting contractor and has two trucks, one off site and his personal vehicle that he takes home. He also stated that he stores some of his paints that could freeze in a small closet. He has five employees none of which go to his house - they drive directly to the site Mr. Fitzpatrick said that he is still trying to decide if he wants to keep his vehicle at his house and provide screening, so he has looked into renting space on Baldwin Street because he does not want to wreck the way his house looks.

Mr. Morrissette said the problem they had on the site walk was that the truck is parked right in the driveway and is in plain sight. He said they talked about different ways to screen it and came up with some different options and negotiated them with him.

Mr. Przybylowicz said that it does not help that it is a corner lot, it is a short driveway and the driveway connects directly to the garage - there is not a whole lot of backyard behind the house. He said that it will be difficult to screen and what they have been suggesting to other home based trade applicants with the same kind of site is to provide arborvitaes or a solid fence between the driveway with a single panel gate across the side of the driveway where their truck would be parked. Mr. Fitzpatrick said that he is still trying to decide whether he wants to do that because he would have to move all of the sprinklers and really does not want to wreck the way the house looks. He said that he could install a gate about 10 feet up from the street. The Board agreed that would work. Mr. Przybylowicz said that the Board is trying to remain consistent and he does not think they would be able to exempt him from not having a gate. Mr. Morrissette said no matter what side of the driveway he parks on he still needs to screen it so the people across the street cannot see it.

Mr. Morrissette said the issue is that Mr. Fitzpatrick still does not know what he wants to do and the Board would go along with arborvitaes and a fence but he needs to check with the Building Inspector to make sure the gate part of it is far enough away from the street.

Mr. Kingston said one of the issue is that the zoning by-laws says that the fence needs to be no closer to the street than the setback of the primary building but the setback on Edmund Street is pre-existing non-conforming and he is not sure what definition of setback the Building Inspector would use. Mr. Morrissette said that is why Mr. Fitzpatrick needs to talk to the Building Inspector and if he cannot put a gate there then he is going to have to make other arrangements.

Mr. Morrissette addressed the audience for any questions.

Alsessandro Meccia, 32 Hampden Road asked if it would work if Mr. Fitzpatrick put up a temporary fence on wheels to hide his vehicle. Mr. Morrissette said the Board already explored that option with him on the on site.

Gary Landers, 28 Hampden Road asked if was possible to take the ladder rack off of the van could he get it in the garage. Mr. Fitzpatrick said that it is an old garage and very low so he does not think so.

Mr. Kingston said that the Board still needs proof of ownership for the business, vehicles and proof of business at his address prior to January 28, 2009. Mr. Fitzpartick said that he brought those in already, Ms. Macdonald said the problem is that they are dated 2009 not 2008.

With no further questions and upon motion duly made and seconded, the Board voted unanimously (5-0) to continue the public hearing until May 12th at 7:00 p.m.

Public Hearing Home Based Trade Special Permit – Thomas O’Brien, 160 Mapleshade Avenue

Chair, Thomas Morrissette opened the public hearing and Clerk, George Kingston read the legal notice into the record.

Mr. Morrissette asked Mr. O’Brien to explain what he does at his property and what his business is.

Mr. O’Brien said that he is a small local tree service and he also does a little bit of landscaping. He parks his trucks in the back of his property and leaves in the morning and comes home in evening, Monday – Friday.

Mr. Morrissette said that they did do a site walk and there was a box trailer on the site that is going to be removed. He said that there were some old bobcats, a boat, excavation type of trailer and a ten wheeler that are going also be removed and that only one unregistered vehicle is allowed on his property. Mr. O’Brien said that his land is under 61 & 61A and does not believe he has more than one unregistered vehicle on the property. Mr. Morrissette addressed the audience for any questions.

Terry Leone, 205 Mapleshade Avenue said that she has some concerns and one problem she has is that trees are being brought onto the property and ground up and she has listened to that to the point that she is unable to stay outside of house and has to go inside. She said regarding zoning by-law 3.080 Industrial Uses, her couch has vibrated on a number of occasions and the noise is driving her indoors versus enjoying her yard. She said she bought her property in a residential setting and does not want to listen to industrial noise for 12 to14 hours straight. She said that she is also concerned with zoning by-law 3.082, Construction Supply Establishment and asked what if she continues to have noise issues, what is complaint procedure for the town.

Mr. Morrissette said starting with the noise issue, if anyone who applies for a home based trade and if the Board receives a compliant regarding their operation, the number of trucks, noise level or anything else, the Board can ask that person who received the permit to appear before the Board to address the issues. He said if that person refuses to address the issues or if it is ongoing, the ultimate penalty is that they could lose their permit. Mr. Morrissette said that there are noise regulations built into the home based trade by-law that mirror the General By-laws of the town, the hours of operation are indentified which are 7:00 a.m. to 8:00 p.m., Monday – Saturday, no work on Sunday.

Mr. Przybylowicz said the next issue was the grinding of trees. Mr. O’Brien said that he had to resort to that only one time because he lost the engine on his chipper so rather than lay his workers off he had them bring back the loads of brush to his house to grind them up until it was fixed for about a week and half. He said that he did not have them do it in the morning, it was after lunch and it took somewhere between two and three afternoons, it was a one time deal and the only time it is going to happen.

Mr. Morrissette asked how long ago this happened. Mr. O’Brien said around three weeks to a month ago and it is not something that will happen in the future and he has no intention to store wood. Mr. Morrissette asked him if he brought product to the site from another site to cut it up or process it. Mr. O’Brien said the only processing of wood he does which is allowed is the processing of fire wood for his personal use. He does not bring any logs to the site that he has cut for others. Mr. Morrissette asked if his employees park where the trucks are. Mr. O’Brien said yes they do. Mrs. O’Brien said that they did do some clearing for the parking lot which was part of the noise issue. Mr. Morrissette said that he was going to mention that it looked like the site was cleared and obviously it was not that way when he bought it. Mr. O’Brien said he did not even think about that, however, the noise and vibrations may have been from when he was having site work done on his property from a bulldozer which was a one time deal.

Mr. Przybylowicz said when they walked the site they could tell someone did some extensive work there and there was no evidence of any further activities going on. He said that they did not see any large equipment. Ms. O’Brien said that there are two piles of loam that still have to spread out. Mr. Morrissette said anyone has the right to spread loam and do what they want with their property and that had nothing to do with the actual operation of his business. He said they are talking about his lumber and wood cutting company. Mr. Przybylowicz asked if he just takes down trees and does not process them. Mr. O’Brien said that is all he does and he is not going to have a saw mill operation - there are no plans for any future growth, if anything it will get smaller as he gets older. Mr. Morrissette said that Mr. O’Brien is allowed to grow trees & cut them periodically because he is under chapter 61A.

Mr. Morrissette asked Ms. Leone if her questions were addressed. Ms. Leone said that she has to listen to the big trucks on a daily basis and she really does like his property and hopes his farming goes well. She said that she has an issue with the tree service permit and still has her same additional concerns and will probably end up moving at some point rather than listening to the noise.

Mr. Anderson said that she may want to check out the new by-law because there has been some consumer points brought in there. He said for instance idling cannot be for a certain period of time and he cannot be running the truck all day. Mr. Anderson said that the tree service business is done offsite and if she finds there is a violation of that then she needs to bring it to the Planning Board’s attention. He said that permit allows him to park his vehicles and does not give him the right to run a mill and it does not allow him to do anything more than have a home based business. Mr. Anderson said any changes to his business he then would have to go come before the Planning Board again.

Mr. Punderson asked Mr. O’Brien if he keeps is boom truck at his home. Mr. O’Brien said that he alternates it between Wilbraham & East Longmeadow. Mr. Punderson said that the town does not allow any ten wheeled vehicles. Mr. O’Brien said that chapter 61A allows different privileges and protections and his farm plates were approved for the vehicles for the property because it’s protected usage. Mr. Punderson said that his efforts where to make it publically known that it is allowed because of the 61A status. Mr. Anderson asked if it has to be used in the course of the 61A farming or can it be expansive and be used for the tree service. Mr. O’Brien said it is a gray area and the law reads that the vehicles can leave the property and be used for farming or work outside the property and the only criteria that has to be met is that the vehicles have to be for more than 40% of the harvest. He said so the harvest for his property would be trees because it is under 61 is for forestry & 61A is for hay, corn, etc.

Mr. Anderson asked if the under those chapters, is a certain percentage of the business to be conducted on site or can it be more like a hobby, in other words does he harvest trees on an annual basis as a requirement. Mr. O’Brien said that it allows someone to harvest 10 cords without any questions for personal use. He said usually when wood is going to be harvested a cut plan is submitted and said that he will get a cutting plan eventually when things turn back around. He said because it is 40% of harvest time which varies depending on what someone is harvesting and the time it is being done.

With no other comments from the audience Mr. Morrissette addressed the Board for any further questions or comments.

Mr. Kingston said he is very familiar with both the agricultural and the forestry laws and thinks they should stay away from there because it is not their prevue. He said that it sounds that Mr. O’Brien has addressed most of the issues and he sounds like he is certainly willing to work with the neighbors if there are issues. Mr. Kingston said if there are issues that are not resolved they can come before the Board and it can be reopened.

Mr. Anderson asked if they should continue and do they take a vote stipulating because of that trailer they know that is on the site has to be removed because it is admitted that it is storing another person’s businesses electrical equipment. Mr. Morrissette said that was a zoning infraction so they have agreed on other applications that they will close the public hearing and hold the plan unsigned until that it takes place. He said a date has been set for most of those things to be done by June 1st .

Mr. O’Brien said that plans are being made and the reason he kept that stuff because his friend’s father had owned the business forever and it is mostly junk in there, it was a personal favor.

Upon motion duly made and seconded, the Board voted unanimously (5–0) to close the public hearing. Upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the Special Permit and will not sign the plan until it is in compliance by June 1st of any of the zoning infractions.

Public Hearing Home Based Trade Special Permit – Richard Bosworth, 6 Maynard Street

Chair, Thomas Morrissette opened the public hearing and Clerk, George Kingston read the legal notice into the record.

Mr. Morrissette asked Mr. Bosworth to explain what he does at his property and what his business is.

Mr. Bosworth said that he is a single proprietor, does lawn maintenance, has no employees, one truck, one trailer and two lawnmowers.

Mr. Morrissette said that they did do a site visit on Mr. Bosworth’s property and the issue is the screening and he also lives on a corner lot and they talked about planting a row of pine trees. Mr. Bosworth said he went to Graziano Gardens and because the pines are so big and so shaded the two types of shrubs he could use under there probably would not survive. He would like to get a variance so he could install a stockade fence and is willing to paint it green so it would blend in behind the pines and his trailer is already covered in a green tarp so it pretty much blends in. Mr. Bosworth said he is going to put up a single pole at the end where he was going to put the shrubs and have a swing gate. Mr. Morrissette said that he does not have an issue with but the Building Inspector might because he is close to Elm Street and asked the Board members their thoughts. Mr. Kingston said that the Board cannot authorize it. Mr. Morrissette said that the hearing would have to be continued while he checks with the Building Inspector.

Mr. Bosworth said originally he went to the Building Inspector and he pulled up his site
on his computer and said that I had more than adequate coverage with the pine trees.
Mr. Morrissette said when you look at it from the top you cannot see anything, Mr. Bosworth said that there was a lot of deadwood that he took off hoping that it would fill in more and there is some stuff that grows up in the summer that kind of hides it. Mr. Morrissette said that it is difficult because those threes are so tall and he said something that they could possibly come down if Elm Street was ever widened. Mr. Bosworth said when the town was talking about doing something with that road he gave them permission to remove the trees including the big oak tree next to the telephone pole.

Mr. Morrissette said the only way they could actually proceed is to continue the hearing and have Mr. Bosworth do his homework to see if he can install some sort of fence. He said the ultimate goal is that it needs to be screened so if he cannot install a fence then the only other thing to do is plant some arborvitaes or take down the pines that are there and then replant. Mr. Morrissette said it is not possible to keep the truck in the garage so the only other option is to continue the public hearing while he explores his other options. Mr. Bosworth asked if he would have to apply for a variance. Mr. Morrissette said that he did not think he could get a variance for the fence. Mr. Bosworth said that he drove around town and found a lot of fences that are less than 50 feet from the road. Mr. Morrissette said that he may be right but unfortunately, zoning violations do not fall under the Planning Board and they cannot approve a plan that shows a zoning violation. He suggested that he talk to the Building Inspector to see what potential possibilities there are for him to without cutting the trees down and he needs to have screening because it is one of the requirements of the home based trade by-law. Mr. Morrissette addressed the audience for any questions – there being none, the Board voted unanimously (5-0) to continue the public hearing until May 12th at 7:15 p.m.

Public Hearing Home Based Trade Special Permit – Frank Mitchell, 170 Pease Road

Chair, Thomas Morrissette opened the public hearing and Clerk, George Kingston read the legal notice into the record.

Mr. Morrissette asked Mr. Mitchell to explain what he does at his property and what his business is.

Mr. Mitchell said that he and wife have been operating their painting business at 170 Pease Road since 1986 and they have four employees who do not go to his house at all. He said that he has two vehicles, one van and one pickup and one is usually in the yard and said that he dropped off the new plan that day.

Mr. Przybylowicz asked what about the storage of any materials. Mr. Mitchell said that it is shown on the plan.

Mr. Morrissette added that the site was well screened also and then addressed the audience for any questions - being none, Mr. Morrissette asked Mr. Mitchell what the situation was regarding the ownership of the property and the ownership of the business.

Mr. Mitchell said that the property is in his wife’s name and the business is in both names. Mr. Morrissette said that they will need to submit some sort of documentation for the file. Mr. Mitchell said the he has a tax return.

Mr. Anderson said that they need some clarification because the schedule C form for the Painting and Wall covering just under Frank’s name. Mr. Mitchell sais that he has a state tax form that has both name on it. Mr. Anderson said the question is not whether they file joint returns it whether the business is owned by him and his wife. He said that is the issue that is coming up at town meeting and right now it is just in her name and the business is just in his name and said that he was not the first one. He then addressed the audience for any questions.

Gary Landers, 28 Hampden Road said that there is an article that is going to be coming up to modify the by-law that would address that situation. He said it will change so that if an immediate relative owns the property that you are living at then you would still qualify to run the business out of that property.

Mr. Morrissette said he would like to continue the hearing after the town meeting and then they could address the issues and if it passes he will be all set. Mr. Mitchell said if it does not pass and he gets rid of one truck and then what does he do. Mr. Morrissette said that he wants to wait to see what happens at town meeting that is why they are going to continue the hearing. Upon motion duly made and seconded, the Board voted unanimously (5-0) to continue the public hearing until May 26th at 6:45 p.m.

Public Hearing Home Based Trade Special Permit – Chris White, 347 Pease Road

Chair, Thomas Morrissette opened the public hearing and Clerk, George Kingston read the legal notice into the record.

Mr. Morrissette asked Mr. White to explain what he does at his property and what his business is.

Mr. White said that he has a tree service business with two trucks, two trailers and that they are kept behind his barn and he brings no materials to his house. He said that he has two employees and that they meet him at his house in the morning and go in the truck with him and park their vehicles where the trucks are and return at night with no activities going on at the site.

Mr. Anderson asked how long he has been running his business at that location. Mr. White said 26 years. Mr. Anderson said that they just need his 2007 excise instead of the 2009 to proved that he has been in business since January 28, 2008 and it has to be made out to his business. Mr. Anderson asked if the business and home were in his name and if it is his primary residence. Mr. White said they are and that is his primary residence.

Mr. Morrissette said that they did do a site visit and it was very well screened but they did talk about the installation of gate. Mr. White said that his wife told him about the gate and there really is not anyone in front of the barn as you come in it is all woods.
He said when he built his barn years ago he put a fence around all of his equipment
and he put additional fences on each side of his property. Mr. Morrissette said the issue with that is the people on Redin Drive who are slightly higher then him can see down the hill so that was the reason for the gate.

Mr. Kingston said that he thinks the issue that came up was that the screening from that direction is actually not on his property it is on the right of way that goes next to his property. He said there is always the potential that maybe a street could go through there someday and they have been through it with a number of other people who had great screening but it was on someone else’s property which meant that they do not have ultimate control over the screening and at some point in the future it could come down. He said in all of those case they are requiring that the screening be on the business owners property so they have control over it. Mr. Kingston said that was why they suggested a gate as probably the simplest way and cheapest rather than cutting down on his driveway. Mr. Morrissette said that was the only issue they had with the property and addressed the audience for any questions.

Steve Stein, 359 Pease Road said he has lived there 9 years and he does not have any problem with what he is doing.

Julie Nichols, 339 Pease Road said she has lived there before Mr. White moved in and began his business there and she supports the business and it has never bothered them at all.

Mr. Przybylowicz said that it seems like a very simple application and he did not view the property but going up down Pease Road a number of times it is well maintained.

Upon motion duly made and seconded, the Board voted unanimously (5-0) to close the public hearing. Upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the Special Permit subject to a revised plan showing the fence installed by June 1st and proof that the business was prior to January 28, 2008 .

Public Hearing Home Based Trade Special Permit – John Crane, 34 Tracey Lane

Chair, Thomas Morrissette opened the public hearing and Clerk, George Kingston read the legal notice into the record.

Mr. Morrissette asked Mr. Crane to explain what he does at his property and what his business is.

Mr. Crane said that he is landscaper, has one truck, one trailer and has no employees.

Mr. Anderson asked if he owns the house. Carolyn Crane, his sister said no he does not that she does and so they will have to come back after the town meeting.

Mr. Morrissette said when they were at his home the truck was parked outside and on the plan it is being shown indoors with the trailer also. Ms. Crane said the trailer will be in the garage and the truck will be in the driveway because they both will not fit in garage and the truck is just a pick up truck. Mr. Morrissette said on the plan it is showing both of them inside of the garage and because he is planning to keep the truck in the driveway it needs to be screened somehow because it does have a commercial plate on it. He said he could park the truck on the side and put some fencing around just like some other home based businesses have done. He said that the plan would need to be changed showing the trailer inside of the garage and truck location and indicate the type of screening he will be using. Mr. Morrissette addressed the audience for any questions being none he said that the public hearing will have to be continued until after the town meeting. Upon motion duly made and seconded, the Board voted unanimously (5-0) to continue the public hearing until May 26th at 7:00 p.m.

Request for Temporary Subdivision Signage – Rustic Meadows

The board reviewed the request for temporary 7’ foot sign for Rustic Meadows and upon motion duly made and seconded, the Board voted (5-0) to approve the request for a period of 1 year.

Request for Waiver of Site Plan Review – Master Han’s Olympic Tae Kwon Do,

Clerk, George Kingston read the request from Keyn Soo Han to operate a Tae Kwon Do business located at 54 Shaker Road. Hours of operation are 9:00 a.m. to 8:00 p.m. and there are 3 employees including the owner. Upon motion duly made and seconded, the board voted unanimously (5-0) to approve the Waiver of Site Plan Review and no sandwich type signs are allowed under the zoning by-laws and placement of such will result in fines from the zoning enforcement officer.

Public Hearing Home Based Trade Special Permit – James Lynch, 290 Westwood Avenue

Chair, Thomas Morrissette opened the public hearing and Clerk, George Kingston read the legal notice into the record.

Mr. Morrissette asked Mr. Lynch to explain what he does at his property and what his business is.

Mr. Lynch said that he has a landscape business with three employees. He said two of his employees meet at his property and the one meets them at the job site.

Mr. Morrissette said that he was able to do an ANR and acquire some property from his grandparents and asked why that was done.

Mr. Lynch said because he wants to put in the arborvitaes because he wanted to leave some room and did not want them to be in the way for the screening and a gate. He said that he thinks those changes have been put on the plan that Smith did and he moved the shed that was over the property line.

Mr. Morrissette said that a site visit was done and the members discussed with Mr. Lynch some proposed screening and he has shown it on the plan plus a six foot stockade gate to block from the street view. Mr. Lynch said that he was going to do an eight foot gate, Mr. Morrissette said that is even better.

Mr. Przybylowicz asked how many trucks he had. Mr. Lynch said that he had three trucks and two trailers and the employees park where the trucks are.

Ms. Macdonald said that she needs his 2007 excise bills for the file. Mr. Lynch said no problem.

Mr. Anderson asked if he owns the house. Mr. Lynch said his partner Suzanne does and both names are on the partner share forms and she lives in the house. Ms. Macdonald said that the Special Permit will go in both names.

Mr. Morrissette addressed the audience for any questions.

Chris Anderson, 30 Savoy Avenue said that he wrote a letter last summer with some of his concerns about the business and the property and never heard from the Planning Board. Ms. Macdonald said that it went to the Building Inspector.

Mr. Morrissette asked Mr. Anderson what his concerns were. Mr. Anderson said there was a lot of noise from the property, trucks idling for long periods of time and waking him up and then he finds out that Mr. Lynch does not own the property and he does, he pays taxes in town and Mr. Lynch is allowed to disrupt him - as a taxpayer he is very dissatisfied the way the town operates. Mr. Morrissette said that Mr. Lynch has applied for a Special Permit in order to run his business out of his home which by-law was passed at last town meeting. He said when it gets approved the Board has the teeth to make them operate within the range that the by-laws allows, which says he can work from 7:00 a.m. to 8:00 p.m. and not on Sundays, the vehicle cannot idle more than 5 minutes, the vehicles have to be backed in at the end of the day.

Mr. Punderson commented that Mr. Lynch has done a lot of work on his property and asked if it was reasonable to say that a lot noise was made while he was cleaning and building things. Mr. Lynch said that was correct. Mr. Punderson said he wants to make sure that Mr. Anderson feels comfortable with the Board going forward with it and the noise tapering down because the construction is basically done. Mr. Morrissette said that he does have a extensive planting plan and once it is established it will block out a little bit of sound but Mr. Lynch is not going to be running things like he was.
Mr. Donald Anderson said the way the by-law was designed is the type of sound would be taking the trucks out in the morning and bringing the trucks back at the end of the day. He said anything else with the trucks is outside of the by-law.

Randy Sample, 10 Senator Drive president of Arbor Tech Tree Service was hired through the winter to bring wood to Mr. Lynch at his property for his own personal use. He said that he would not bring it to him so he could resell it and he knows that he strictly burns the wood for his home. Mr. Sample said he thinks it is a unique situation because he burns the wood and the bobcat is used for personal more than business on the property. Mr. Morrissette said some of that is personal use and the Board cannot control that. Mr. Sample said just because Mr. Lynch has the capability and the property to be able to have an outside furnace and he thinks that a difficult situation because if there is a complaint where is line drawn where it is just a neighbor that is complaining and not a violation. Mr. Morrissette said it is going to have to be determined by the Board at the time and when they were at the site they saw that Mr. Lynch has a wood furnace and he said that he burns around 20 cords of wood a year.

Mr. Donald Anderson said the Planning Board had a meeting recently with the Selectmen and the town lawyer on the issue of zoning enforcement. He said if they make a complaint regarding zoning or enforcement send it to the Building Inspector who is under the Board of Selectmen and if you do not get a written response in 14 days you then have a right to appeal to the Zoning Board of Appeals. He said if they do not get a written response in 14 days and they appeal the lack of response to the Zoning Board of Appeals. Mr. Morrissette said that is for non-business home based business related issues.

Sandy Blais, 14 Kronvall Lane said her first concern was the big trailers and the trucks they have and there are times when they are not on their site and they park on Kronvall Lane and leave the trailers there when they take off in their vehicles. She said that she agrees with Mr. Anderson about the noise and is a little concerned about the air quality from the burning. Mr. Morrissette said that it is not the Planning Board’s control. Ms. Blais said that she was also concerned about the parking of the big trucks and there are only seven houses on the street but there are actually about 15 children who are always in the street. She said the sidewalks only go to Melwood and she heard that they are suppose to continue down to Maple Street and how would that affect his business.

Mr. Morrissette said that the sidewalks would have no affect on his business and it is a residentially zoned property but the allowance of a home based trade on residential property was passed at the last town meeting as long as the business was in place and on that spot before January 28, 2008. He said that Mr. Lynch met the initial requirements to come before the Board that evening. As for the noise, they have talked to him about the goings on about the repairs and stuff that he has been doing up there.

Mr. Sample said he was hired by J & B Landscape to expand the yard with the trees to comply with the Special Permit. He said that they parked their trailer on the side street instead of being on the corner of Westwood Avenue.

Mr. Anderson said that none of his employees park their vehicles there, is that correct. Mr. Lynch replied correct. Mr. Donald Anderson said because the plan that was submitted calls for designated parking for him and his employees on site. Mr. Kingston added that parking issues on the street are a police matter. Ms. Blais said that they did call the police.

Richard Blais, 14 Kronvall Lane said if a big truck parks next near a mailbox so the mailman goes around it and does not deliver the mail.

Mr. Sample said that it was mentioned that something was parked there and something was unloaded. He said that it is pretty much a trailer that transports a machine and they parked it there again just so it does not stay on the main road for a long time and the job takes an enormous amount of time. Mr. Sample said and sometimes where it falls you would rather block the mailbox instead of a driveway.

Mr. Morrissette addressed the Board for further questions or comments.

Mr. Punderson said that the plan was modified to reflect everything they discussed, moving of the shed, fencing and arborvitaes.

Mr. Lynch said that he got quotes on 8 foot fencing and asked what the date was when they need to be installed by. Mr. Morrissette said June 1st and asked him if he could meet that date. Mr. Lynch said the 1st of July would be better. Mr. Morrissette said that they can say on or before July 1st .

Mr. Przybylowicz asked Mr. Lynch if he understood for the size of his property he is maxed out on the number of trucks and if anything changes he needs to advise the Board of those changes. Mr. Lynch said he understands that and if he replaces a truck with a new he will send the registration information to Ms. Macdonald.

Upon motion duly made and seconded, the Board voted unanimously (5-0) to close the public hearing. Upon motion duly made and seconded, and after the Board verified that Mr. Lynch met all the criteria set forth in the by-law, the members voted unanimously (5-0) to issue a Special Permit to allow a Home Based Trade Operation at property located at 290 Westwood Avenue as shown on the plans filed with the Planning Board and subject to the fencing and plantings completed by July 1st.

Signage – Body Works Unlimited, 347 Elm Street

The Planning Board reviewed a signage request submitted by Body Works Unlimited, 347 Elm Street. After review of the proposed sign and upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the sign measuring 18 square feet in total being a ground sign that is pre-existing and non-conforming with the understanding that the change is simply maintenance of the existing signage and nothing is being changed. The approval is conditioned upon review and approval by the Building Inspector with the issuance of a permit by the Building Inspector.

Request for Exhibitor booths at the Senior Center

Ms. Macdonald said that the Senior Center will be holding a “No Senior Left Inside”
open house and they want to have a day of selling crafts, exhibits and information booths and a 20’ x 40’ tent will be set up in case it rains. Upon motion duly made and seconded, the Board voted unanimously (5-0) to allow a temporary 20’ x 40’ tent to be set up outdoors on May 13th at the Senior Center.

Wine Tasting request from Spoleto’s

Mr. Kingston read a request from Spoleto’s to hold a Chamber of Commerce Wine Tasting Event on April 23, 2009 from 6:00 p.m. to 9:00 p.m. They would like to have a Jazz Saxophonist play on the patio. The Board was in support of the event and asked Ms. Macdonald to send a letter with regards to that.

Marilyn Richards discussion regarding proposed by-law consultant for over 55 apartments

Ms. Richards said she sent the information to the Board 2 weeks ago and watching them go through the process with the criteria for home based trade, she has noticed how important specific criteria is. She said that was why she put together the information she gave them and said that it is not a by-law proposal it is simply for her use and hopefully for their use to be able to go through the process that they will be going through who respect to the next meeting for the proposed by-law change for 55 and older.

The Board discussed the issue further with Ms. Richards and thanked her for her time and input.

There being no further business and upon motion duly made and seconded, the Board voted unanimously to close the meeting at 10:30 p.m.

For the Board

George C. Kingston, Clerk