Minutes of September 18, 2006

Present were: Louis Calabrese, Chair; Marilyn Richards, Vice Chair; Donald Anderson, Clerk, Michael Przybylowicz and Thomas Morrissette.

Public Hearing Continuance - Ron Bretta – Site Plan Review – North Main Street

Mr. Morrissette recused himself due to a potential conflict of interest.

The Chair, Louis Calabrese continued the hearing. Clerk, Mr. Anderson read a new Police report that recommended exterior lighting be installed to illuminate the parking lot to improve the safety at the site for pedestrian and vehicular traffic; that exterior lighting be installed at the entrances to the building to assist officers during their patrol of the site and to reduce the potential for criminal activity. Further, exterior lighting be installed to illuminate the area between the proposed building and the existing building at 595 North Main Street. Any signage installed is to be located so as not to interfere with visibility of vehicular traffic entering or exiting the site.

Mr. D’Ambrosio, Civil Engineer from Baystate Environmental said after their discussion at the last meeting they discussed the old parking spaces 11 & 12 that would be located on Mr. Bretta’s existing property on Dorset Street. He said that the spaces were non-conforming and since that meeting they have eliminated one of the spaces and decreased the size of the building from 2,160 square feet to 1,198 square feet, which square footage requires 11 parking spaces.

Mr. Anderson asked if they were turning the building into retail use? Mr. D’Ambrosio said no that they are still looking for a commercial tenant.

Mr. Przybylowicz said he likes the addition of the landscape buffer between the parking lot and the back of the new building. He asked what the plans were for providing any screening around the dumpster? Mr. D’Ambrosio said it could be fenced in. Mr. Przybylowicz thought it is a great plan and is going to be a benefit to the town and a nice solution to the current businesses at this location.

Mr. Anderson said he thinks it is a good example of cooperation between the Board and the applicant.

Ms. Macdonald added that Tom Dimarzio stopped in last week and he brought up the fact that business that have bays count the parking spaces inside of the building toward the requirements for the entire plan. She suggested that the members find out how many parking spaces where inside of the existing building. Mr. Bretta said that he could put 6 cars in the building.

Ms. Richards asked if that information is written anywhere? Ms. Macdonald said that she pulled a few plans and looked at the parking formulas, specifically for Jiffy Lube and written on the plan for the formula portion was “number of bays for parking spaces plus the number of bays”. She said in the past the Board included spaces inside of bays. Mr. Przybylowicz said when you think about it most people drop off their car and then they are gone for the day and that car is going to be sitting inside being serviced or they wait until it is serviced and they leave. Mr. Bretta said that he works alone and very rarely are there are 3 or 4 cars but you never know what is going to happen down road.

Ms. Macdonald reminded the Board of the cross easement agreement. Mr. Bretta said he was waiting until the plan was approved and would be going to see Attorney Bob Fratar on Friday.

With no further questions, and upon motion duly made and seconded, the Board voted unanimously (4-0) to close the hearing. With no need for further discussion and upon motion duly made and seconded, the Board voted unanimously (4-0) to approve the site plan as presented subject to the cross easement agreement being accepted and recorded, and some screening being placed around the dumpster.

At this time Mr. Anderson left the meeting due to illness.

Miscellaneous

Ms. Macdonald told the Board that she has yet to hear from Attorney Donahue with regard to the language for the warrant article on Rollins Drive. She said that Attorney Donahue did say that the Planning Board will have to admit that the Town inadvertently made an error accepting the bond. Mr. Morrissette said there was no error because it was excepted at that time. Mr. Calabrese said the last time they had this problem was with Prospect Hills and that the town held letters of credit from banks. He said it was at a meeting with the Selectmen and the Planning Board that Town Treasurer’s responsibility to decide on what kind of bond is accepted based on the class rating. Mr. Calabrese said at that time he felt that the Planning Board did not have the expertise to determine what kind of bond rating they had, if someone wanted to post an insurance bond they should deal with the Town Treasurer because it is his responsibility.

Mr. Przybylowicz said that you could point the finger at almost any Department; why didn’t the DPW act sooner to address the problem; why didn’t the Clerk propose a different type of bond? He said that everyone should step up to the plate and the developer is the one who really is to blame because he walked away from the project when the work was not completed. Ms. Richards said that they could fine tune the language a little bit a far as the presentation. Ms. Macdonald said that they have until October 23^rd. Mr. Calabrese asked if the Board was going to paint a clear picture or a brief overview. Ms. Macdonald that the overview should present a clear picture of the actual events and what sets this subdivision apart from other private streets.

By-law allowing Medical Clinics

Ms. Macdonald said she was looking at hospitals, sanitarium or medical clinics in the Zoning By-Laws and noticed that they are only allowed in residential districts. Mr. Morrissette said that there already is one operating on North Main Street. She said that Ms. Richards had called about that and that Ms. Richards does not believe that to be an ambulatory or a medical clinic, rather more of a professional office with doctors and a lab. Mr. Morrissette said that they have a walk-in clinic and they have two separate businesses, Hampden County Physicians on one side and a medical walk-in clinic on the other side. Ms. Richards said that the entire structure isn’t an ambulatory center and each business had it’s own entity and she is not sure what is being proposed for Benton Drive or Shaker Road.

Ms. Macdonald said that she has not seen any plans, but in general conversation with a couple of developers, they were talking about an ambulatory clinic and where one might be allowed. Mr. Morrissette said that he really does not see a big problem as long as it does not turn into taking care of gun shot victims from Springfield for instance. Ms. Macdonald said she thinks Industrial Garden District is a perfect spot for it rather than the main roads because of possible traffic, and it would be easy to get to in the Industrial Garden District.

Ms. Richards said she certainly does not have any problems with the use being in the industrial garden park but she was trying to figure out why it was not allowed anywhere else other than residential districts.

Mr. Przybylowicz asked if an alcohol treatment clinic or methadone clinic would fall under the category of a medical clinic. Ms. Richards said yes because she does not feel that the Board has the right to choose who can be treated. Ms. Macdonald said it was her thought just in conservation - if someone had a broken arm they could go there and have them set it because it could not be done in a regular doctor’s office. Mr. Calabrese said they should get some feed back from the Industrial Development Committee. Ms. Macdonald said that she is on the Economic Development Committee with a meeting scheduled the next morning and would ask Joe Dilk and the rest of the committee members their thoughts on the matter.

Request for Waiver of Site Plan Review - Morse Turf & Ornamental, 38 Denslow Road

Ms. Macdonald said that this is the site that with many questions on whether it was storage of hazardous materials. Mr. Morrissette said that they never came before the Board and have been in business for 6 months. Ms. Macdonald said that the Fire Department went and checked them out and the Building Inspector went and checked them out and we have gotten the okay from everybody with regard to the hazardous materials.

Ms. Richards read the request to open a landscape supply business, that would sell grass seed, fertilizer, shovels rakes, etc. Hours of operation would be Monday – Friday, 7:30am to 5:30pm and Saturday 8:00am – 12:00pm and employ 1 full time employee.

The Board reviewed the Fire Department report regarding the storage of chemicals and fertilizer and they were informed that the operation was a warehouse for the purpose of distribution services for lawn care products to country clubs and large landscapers. However, this was not the case. The Board determined according to the Zoning By-Laws retail or wholesale business is not allowed in the Industrial Garden District and would send a letter to the applicant telling him he must cease this type of operation because he is in violation of the Zoning By-Laws.

Upon motion duly made and seconded, the Board unanimously voted (4-0) to deny the request for waiver of site plan review on the grounds that this is not an allowed use in this district.

Release of Covenant – Glynn Farms Extension

Ms. Macdonald advised the Board that the town will hold Ten Thousand ($10,000.00) Dollars for Glynn Farms Extension and said the roadway has been inspected by DPW. Upon motion duly made and seconded, the Board voted unanimously (4-0) to release David and Patricia Baker from the covenant in lieu of bond and Mr. Calabrese endorsed the subdivision contract.

Release of Covenant – Lori Lane Extension

Ms. Macdonald advised the Board that the town will hold Eighty Two Thousand Two Hundred Twenty-four and 00/100 ($82,224.00) Dollars for Lori Lane Extension and said the roadway has been inspected by DPW. Upon motion duly made and seconded, the Board voted unanimously (4-0) to release Maryanne and John Hasley from the covenant, in lieu of bond and Mr. Calabrese endorsed the subdivision contract.

ANR – Alpine Avenue

The Board reviewed the ANR for Alpine Avenue submitted by Vyacheslav Kuzmenko

for the revision of a new Lot A on Alpine Avenue. The new Lot A will consist of 10,582 square feet leaving the remaining land owned by Vyacheslav Kuzmenko. The

new parcel has existing proper frontage as required by the East Longmeadow Zoning By-Law fronting on a public way, namely Alpine Avenue. After discussion and upon motion duly made and seconded, the Board voted unanimously (4-0) to approve the ANR.

Minutes

The Board reviewed the minutes of August 8, 2006 and upon motion duly made and seconded, voted unanimously (4-0) to approve them.

The Board reviewed the minutes of August 22, 2006 and upon motion duly made and seconded, voted unanimously (4-0) to approve them, with edits.

The Board reviewed the executive session minutes of August 22, 2006 and upon motion duly made and seconded, voted unanimously (4-0) to approve them, with edits.

Therefore, with no further business and upon motion duly made and seconded, the Board voted to close the meeting at 9:15 p.m.

Very truly yours,

Donald J. Anderson, Clerk