April 6, 2004

 

Present were Sid Starks, Chair; Michael Przybylowicz, Vice Chair; Marilyn Richards, Clerk, Donald Anderson and Louis Calabrese.  The Chair opened the meeting at 6:30 p.m. 

 

 

Informal Meeting with Denis Superczynski

 

Denis met with the Board to bring them up to date on the progress of the community development plan.  He said a community priority workshop should be scheduled as a forum where strategies and maps could be presented for the public to review and to provide comment.  The Board agreed that Monday, May 24, 2004 at 6:30 p.m. at Birchland School would be good for all of the members and Denis would send out invitations.  Denis continued by advising that in terms of the mapping, he has some specific maps that have to be completed because of contracts and some additional maps that go into making the final maps.  Denis said that the open space map would be presented to the Open Space Committee for their review to make sure that map is correct and the economic development priorities, transportation issues and improvements map was being prepared.  He said if changes were to be made he would need to know them because they are in the final draft stage and over the next couple of weeks he would like the Board to review the goal statement on economic development for any input.  He said the final project would include the four elements and he would  summarize the major idea of the plan as best as he can.  Mr. Starks addressed the Board for any questions.  Ms. Richards asked what Denis was looking for from the Board with regard to a retirement by-law.  Denis said he need to know if the Board has come with any ides to the density that would work for a developer and to meet the needs of the Board.        

 

 

Public Hearing on Design Review By-law

 

At 7:05 p.m., Chair, Sid Starks opened the Public Hearing and introduced the Board members.  Clerk, Ms. Richards read the legal notice into the record.

 

Mr. Anderson presented the Design Review By-law and explained that it would merely be a part of recommendations within the Site Plan Review permitting process.   He said the purpose and the goal was to enhance the natural,  aesthetic quality of the Town; to preserve the value of the land and buildings; and to protect and to preserve the culture aspects and heritage of the Town.   He said the by-law was not designed to create obstacles for business owners, but rather provide them the opportunity to join together in an attempt to promote new development that is aesthetically compatible with existing buildings and the infrastructure of the town.  The by-law is designed to encourage and assist building owners to restore and rehabilitate existing buildings, encourage originality and creativity in the design and remodeling of existing buildings, and to maintain and enhance the appearance and size of signage new and existing, all of which is good for the Town as well as the business owners.  Mr. Anderson said a very important point for all to understand is that the new by-law would not extend the permitting process, nor would it require another public hearing.  The design review committee will meet prior to the public hearing to review the plan much like the work sessions that are presently in place that Ms. Macdonald schedules with department heads and developers.  The committee is expected to make recommendations to the Planning Board who will then discuss those recommendations at the public hearing on the Site Plan Review.  In January of 1999, the Town adopted chapter 451, the acts of 1998, which authorized the imposition of fees for the employment of outside consultants, thus giving the Planning Board the authority to hire outside consultants to assist the Board in its review with any costs related to those consultant fees would be paid by the developer.  Although this type of review is presently allowed under the authority of the Board, the members have chosen to verbally incorporate the language into the by-law under Site Plan Review.  This will allow each and every applicant specific knowledge of this design review at the time of submission of their plans.   The Board is desirous that all new construction and or alterations are proposed showing architectural qualities that will enhance the overall look of the Town’s business areas.   Although it may seem the proposal is too subjective, it is the intention of the Board to relay on the recommendations of the members of the committee who have the expertise necessary to achieve the goal anticipated.  He explained that the design review was an advisory committee made up of Planning Board Administrator, a qualified architect or landscape designer, a person owning and operating a business in East Longmeadow, a resident of the Town and one member of Board of Directors of the Chamber of Commerce.    Mr. Starks addressed the Board for any questions. 

 

Ms. Richards said the Board agreed with the business community to revisit their goals in establishing the by-law and said she was excited that the recommendation for the by-law will be presented at Town meeting.  Mr. Starks addressed the audience for any questions.

 

Steve Graziano said that when the idea was originally discussed it was designed for business zoned property, and questioned whether or not  the Industrial Park is excluded?  Mr. Anderson said he was not sure and if it was an oversight, it certainly was not the intent of the Board.

 

Joe Dilk said it was big concern that the Industrial Garden district would be included in this review.  He also stated that at first impression, he and the Chamber members were under the impression that this would be tied in with Site Plan Review and that no additional meetings would be required.   Mr. Starks said the permit process was not being extended and a work session will be conducted with Robyn and suggestions and recommendations submitted to the Board.  He said the Board is not delaying the process but just adding a design review.

 

Ken Delude, Westmass Area Development said that the working sessions really help Westmass make a more thorough submission and that Westmass has their own restrictions and regulations that pertain to all applicants planning to build in the Industrial Garden Park.  Mr. Anderson commented that he would be happy to offer by  motion, a recommendation that the Garden Industrial Park be excluded from the design review process as there are stringent rules and regulations for this district over those of the Town.  Mr. Przybylowicz added that the projects that have been proposed for the Industrial Park have always been well prepared and the applicants come forward with color samples and color renderings that help the Board.  However, it is unfortunate that businesses outside that area do not always provide the Board with the necessary information and he feels that the design review committee will be a good way to prompt the applicants to being prepared and to provide the Board with all the information.

 

Mr. Starks said the design review is not intended for every single project that comes before the Planning Board, most of the projects are Waiver of Site Plan Review.  The proposal is to provide the Board with expertise if the members feel there is a big project they uncomfortable with.  Mr. Calabrese said he felt that every submittal from the Industrial Development Committee has been presented first-class, but he is concerned with eliminating the requirement in the entire Garden Industrial zone as it presents a bit of problem because not everything in the Garden Industrial zone comes under the jurisdiction of Westmass Development Area Development.  He said it would make more sense granting a waiver in those cases that are in the park because there are already deed restrictions in place.

 

Steve Graziano suggested that Planning Board should adopt Westmass’s guidelines if they are so good for all of the Industrial Garden Park.  Mr. Anderson said maybe they could be incorporated in the design because other parts outside of the park are not subject to it.

 

Dan Burack, 157 Somers Road, asked if someone could explain page 4 item C of the proposed By-law.  Ms. Richards explained that this section refers to a developer building either a planned business development or a strip mall that had storefronts with no creativity or design in the structure.  Mr. Burack said the development is now restricted.  Mr. Starks disagreed and said it was to encourage not to restrict, rather to provide constructive recommendations. 

 

Tom Morrissette, 84 Cooley Avenue, said that some developers may not be able to afford nice rooflines and might only be able afford a strip mall type of building and if the design review committee suggests one thing that they think is attractive, the developer may not be able to afford to do it -- what happens then.  Mr. Anderson said it would get to the point as to the legal rights of he developer, and then the Board would make a decision accordingly. 

 

Dan Burack asked at what point does a small business owner have to come before the Board for Site Plan Review.  Mr. Anderson said if there was any change of use or any alterations over 2,000 square feet.  Anything under 2.000 is entitled to a Waiver of Site Plan Review.

 

John Maybury, 215 Prospect Street, said the Design Review Committee is a good idea, however, he feels that the Board is adding a layer of paper confusion that is going to start putting in sticky points, which would unavoidably make the process more muddled.  Ms. Richards said the Board was trying to professionalize what they do and to have someone look at the plans as the Board does, and maybe give some suggestions that could improve that appearance of the business.  Mr. Maybury said he thinks the idea is good but is concerned regarding how character or appropriate colors are questions can be answered without personal views coming into play.

 

Steve Graziano said there are a lot situations throughout the Town where the properties are non-conforming and there needs to be someone representing that businessperson.  He said the whole purpose of the by-law was to help the businessperson who never built a building and needed some guidance so they would not hit the obstacles of the Planning Board.   

 

John Maybury said that it is not a matter of what you can and can’t do, it is about how open the line of communication is from the Planning Board.  He further stated that as a Planning Board they need to do what they were elected to do;  to listen to what people want; and to articulate that back and fourth in a very pro active and positive way. 

 

Mr. Starks addressed the Board for any further questions.  There being none, and 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 (5-0) to waive Westmass Area Development Corporation and the Industrial Garden District because of the specific restrictions that have been very effective and the Board would take those suggestions under advisement.

 

 

Public Hearing on Flood Plain Overlay District

 

At 8:15 p.m., Chair, Sid Starks opened the Public Hearing and introduced the Board members.  Clerk, Ms. Richards read the legal notice into the record.

 

Mr. Przybylowicz presented the proposal for the Flood Plain Overlay District By-law and read into the record recommendations for changes to the by-law from the Department of Environmental Management.

 

Mr. Starks addressed the Board for any questions.

 

Ms. Richards added that a list of definitions have to be submitted that accompany the recommendations to change the by-law and being presented to the Town voters under a separate article for definitions, but that the public hearing was covering the Flood Plain Overlay District and the definitions that go along with making the by-law more clear. 

 

Mr. Starks addressed the audience for any questions.

 

Tom Morrissette asked if there were any other changes beside the recommendations.

Mr. Przybylowicz said no there were not.

 

Upon motion duly made and seconded, the Board voted unanimously (5-0) to close the public hearing. 

 

Public Hearing on Zoning Map

 

At 8:25 p.m., Chair, Sid Starks opened the Public Hearing and introduced the Board members.  Clerk, Ms. Richards read the legal notice into the record.

 

Ms. Richards presented the new Zoning Map and explained that section 2.1 of the East Longmeadow Zoning By-laws addresses the building zone map of 1978, which identifies the locations and boundaries of all of the zoning districts, with the exception of the flood plain district.  She said the by-law further states that from time to time the zoning map may be amended by a vote of Town Meeting.  Further,  the article for discussion that evening was a request by the Planning Board to authorize the amendment of the current zoning map to be discussed at the Annual Town Meeting on May 3, 2004.  She said that the amended map reflects any zone changes that were previously been approved by Town Meeting vote since 1978.  The timing of this change reflects the Town’s ability to now include that information in the Town’s Geographical Information System.  With the new technology the Town will be able to print zoning maps on as needed basis, thereby avoiding the costly printing service in the past, any future changes to the map would still require town meeting vote, however once the changes were approved it could be very easily edited for the appropriate zoning change.  She said that the Board was excited about the new map because the color is much better and is much clearer and easier to read.  Ms. Richards addressed the audience for any questions.

 

Marty Kane, 211 Pinehurst Drive asked if it would be down loadable in PDF format.  Ms. Macdonald said in the future it would in read-only format.   Ms. Richards added a modest fee would be charged to purchase a zoning map.

 

John Maybury said that the map was done in ARC View CAD System and the information would only get better.

 

Mr. Starks addressed the Board for any questions. There being none and upon motion duly made and seconded, the Board voted unanimously (5-0) to close the public hearing. 

 

 

 

Public Hearing Continuance – Center Village

 

At 8:30, Sid Starks, Continued the Public Hearing for James Falcone, Center Village Project.   Marilyn Richards, Clerk read correspondence from the following people into the record: 

 

Ralph Butler, 4 Elm Crest Street

Jill Shea

Robert Dobek

Ed Pesce, Civil Engineer for the project

Rick Bates, Police Department

Gary Roux

 

Mr. Pesce submitted revised plans to the layout and zoning plan and explained that traffic calming techniques have been reviewed by the Police Department such as adding the word pavement markings and some traffic calming chevrons.  He said that the parking spaces were changed from a 60 degree angle parking to 90 degree angle parking, a special turnaround lane was added at the library entrance and 2 parking spaces were deleted near Maple Street.   Mr. Pesce said the dumpster would be relocated in the corner behind the Dobek parcel and the 12 foot landscape buffer has been provided along Crane Avenue as required.  He said that Building C was reoriented and some parking spaces were added at the site of the building.  The 53 parking spaces on the railroad property were reduced to 45, and the sewer line information and easement was added to the detail sheet.  Mr. Pesce said he brought a working plan of the landscape that shows the area of parking and internal parking which is at 11.6%.  He explained leaving the present turning accesses/egresses with a left and right is a safe a turning movement and by adding the traffic claming techniques at the distance from the rotary is a safe condition.  He said forcing people to go through the rotary either by taking a right only out of the site or exiting the site towards the rotary and pass the more dangerous Shaker Road intersection is less desirable.  He feels that the proposal will operate safely.  At the request of the Board another plan to monitor the design predictions from the traffic model has been prepared.  Mr. Pesce said the Dobek party mentioned the current stop sign on North Main Street, and he commented that the present location of the stop line and crosswalk is almost at the parcel line.  The developer has decided to spilt the distance and move the stop sign up 20 feet and move the cross walk to the front of the stop line, which is a safer condition and will not conflict with the exit of the Gas Station at the corner.

 

 

Sergeant Rick Bates said he spent a lot of time with Mr. Pesce because of the concerns the Police Department has with the intersection.  He said he feels as though a safer solution has been determined for the community and the fact that the developer is willing to amend their Site Plan if a problem arises.  Sergeant Bates said that the chevrons proposed would not cover the entire lane in order to leave an area along the roadside for a bike lane.

 

Mr. Starks asked how much noise would the chevron produce when a vehicle traveled over it.     Sergeant Bates said he did not have any experience with the raised chevrons and said it should not be as loud the rumbles strips.  Mr. Saveria explained that the thermal plastic pavement markers are commonly used especially in urban areas with heavy traffic.  He added that they are used primarily because the material is more durable than paint, is not a very thick layer and doesn’t make any noise that could be heard outside of the vehicle.

 

Mr. Starks addressed the Board for any questions for Sergeant Bates.

 

Mr. Anderson asked Sergeant Bates what his thought was on adding one more stop sign to the entrance a little further north.  Sergeant Bates said he would have to consider it.  He did say that one of the most likely problems that will occur is a conflict in front of Rocky’s and the intersection by the bank, so he was not sure that it would be beneficial.  Mr. Anderson said at least it would create a break in traffic and on the computer graphics it gave the appearance that the traffic flow was straight in,  however the entrance is not as clean of flow as the computer graphic indicates.  Mr. Anderson expressed his opinion that a stop sign would break up some of the entrance traffic in both areas, plus create a little bit of break for the people on North Main Street to make a turn in the congested area.  Sergeant Bates said it was a good idea.

 

Mr. Saveria stated by placing a stop sign at that location would mean every vehicle coming southbound would have to stop before the driveway, whether there is someone coming out or not.  Mr. Anderson said absolutely.  Mr. Saveria said there would be a tremendous back up on North Main Street and really should be another way around.  

 

Mr. Starks said his concerns with the mitigation agreement is that a problem is acknowledged now however the developer continues to want to have the left turn out of the project and provide mitigation “if a problem is determined”.  Mr. Starks said why not forego the mitigation agreement and remove the left hand turn out at the onset and not wait for more difficult problems to occur.

 

Mr. Saveria said when studies were done in the past, a temporary stop sign was placed on the rotary for 90 days, 120 days and lines were painted along the street, which seemed to work real well.  He said why not put it in with a stop sign for 90 days, study it or without a stop sign when it is first constructed with the understanding that a stop sign could be placed if it becomes congested.  Mr. Falcone said that would be part of the mitigation agreement, and said he did not have a problem with that idea.  Mr. Falcone said the Board needs to give the proposal a chance in order to prove that they are right and let them have it they it is designed.  Mr. Starks said his concern was how difficult it will be to actually receive the benefits of the mitigation agreement.  Sergeant Bates added that the state establishes a warrant which allows a Town to install stop signs and there are only four presently proposed.  He did not think it is going to fit and said most of the time the Police stay within the State guidelines.

 

Ms. Richards asked if there was a stop sign instead of the “Do Not Block Intersection” would that slow the traffic down as it is entering into the center and give the people that are queuing in line to turn left across the traffic an opportunity to go forward, possibly reducing the vehicles queuing into the center?  Mr. Pesce said they did think that could be an option and but they were not sure that would be effective or what it would do to the southbound traffic.  Mr. Saveria said he thought what is being suggested is a real reversal of everyone’s normal expectations when they get to that kind of intersection.  He added that if someone is going to take left into the driveway, they know they will have to yield to the on-coming traffic, and stay and wait for a gap before they turn.  If all of the expectations the drivers have are violated and all these controls are put on their normal behavior they are going to become confused.  Ms. Richards said the center is not like other intersections and she was proposing something to offer some relief to the vehicles that are queuing to left into the project.  Mr. Saveria said it was demonstrated that the vehicles do not have any relief, that there are enough gaps in that southbound flow for the vehicles to turn in without having a queue that extends back to the rotary.  He said that their position is that it will operate safely and efficiently they way it is and the Board is wrong to place further restriction on movement at the beginning as there will be a mitigation agreement which will address any problems that an issue.  Mr. Przybylowicz asked if the mitigation agreement to revisit the traffic was based on occupancy.  Mr. Saveria said no, but there are 3 criteria that have been established in the monitoring plan which must be met to determine whether the situation would warrant revisiting the traffic pattern.

 

Mr. Starks asked if right turn in and right out could be added to the mitigation agreement.   Mr. Falcone said that legally he would have to provide notice to the tenants ahead of time that there may be a restriction entering the site.  Sergeant Bates added based on what Steve Saveria and Gary Roux submitted, and, after working with Ed Pesce, he finally feels comfortable with the initial plan and is pleased with the mitigation agreement.  Further, if the Police find problems anytime, they could have the developer change the situation.

 

Mr. Anderson asked if the area in front of Rocky’s could be angled parking.  Sergeant Bates said his experience was most of the time, if someone parked in those spaces they back out that way anyway.  Mr. Anderson said there are two high traffic businesses, the bank and Walgreens.  He asked if there would be any other high traffic businesses, and if not, how many more high traffic businesses can the project handle and still be within the rules.  Mr. Pesce said as many as the by-law requires, which is up to 20% and currently they are at 15%.

 

Mr. Przybylowicz asked Sergeant Bates why he changed his mind about the rail trail parking spaces.  Sergeant Bates said part of it was the clearing of the area, lighting and security cameras, and it is his understanding that most of the parking spaces are going to be utilized by the Healthtrax employees, so by educating the employees he feels they are reducing the risk along that area.

 

Mr. Calabrese expressed that the Board made a good decision and in the best interest of the town’s people to hire a professional to pass judgment on traffic as opposed to each of the members doing the job.  He stated he was very impressed that Officer Bates, Gary and Steve worked together to come up with a plan that works and also an alternative should it not work.  He said a far as the traffic goes he thinks everyone has done a good job and should move on to what ever else is a problem.

 

Mr. Starks asked Sergeant Bates if he was comfortable with the mitigation agreement.  He replied he was.

 

Mr. Starks addressed the audience for any questions.

 

John Romito, 64 Kibbe Road asked Mr. Pesce what purpose do the chevrons going south serve.  Mr. Pesce said to slow people down in that direction and enhance safety.

 

Mr. Starks stated that Walgreens has not been approved, a special permit was approved for the non-conformity so a future structure could be placed within the footprint, however each store will have to come before the Board for Site Plan prior to construction.

 

John Maybury, Prospect Street said he sees a process that is well-defined.

 

Upon motion duly made and seconded, the Board voted unanimously (5-0) to continue the hearing until April 14, 2004 at 6:30 pending comments from the Board of Selectmen, DPW report and Order of Conditions from the Conservation Commission.  The Board scheduled a work session for April 13, 2004 at 6:30 p.m.  Mr. Falcone asked if the Board would consider voting on the project when they do close the hearing.  The members stated that they would vote on the project when they were satisfied that they had all the information and when all the issues had been addressed to their satisfaction.

 

There being no further business, and upon motion duly made and seconded, the Board voted unanimously (5-0) to close the meeting at  10:15 p.m.

 

                                                                    For the Board,

 

 

 

                                                                    Marilyn M. Richards, Clerk