Minutes
of January 23, 2007
Present were:
The Board welcomed the Hampden
County Physician’s group and the Clerk, Donald Anderson read correspondence from Bob Suchecki,
CEO of Hampden County Physicians (HCP) who wrote that they intend to provide
physician office services while accepting walk in patients. Further, the letter read that the group will
accept walk-in patients particularly on an urgent need basis. It was explained that this is a very valuable
service for residents who cannot get an appointment with their doctor when they
are ill. HCP has never had any plans to
operate a 24 hour emergency room-type service. Mr. Suchecki also wrote that although the
physicians are on call 24 hours a day, the facility will not be open 24 hours a
day. The letter explained that all of
their office sites have limited hours of operation and the
Mr.
Anderson then read a letter from Pearsons Systems, Inc. dated January 22, 2007
regarding
The
Chair,
Mr.
Morrissette said that the question came up with regard to the walk-in clinic. He said that the Board had asked at the
previous meeting when the Board does
give approval if there was going to be a walk-in clinic and the response was
not clear.
Ms.
Richards said originally when the Board heard of future development plans for
the
Ms.
Richards continued by stating that the Board also knows that physicians within
the confines of their own practice do some lab work and x-ray work, however if it
was an entity where there was a lab department, an x-ray department and an
urgent care mini emergency room within confines of that practice, it changes
from physician offices to that of an medical clinic. She said that the Board was under the
impression that they were dealing with a business where there were a number of
physicians in a group all seeing patients, that’s all you did was see your
patients and the hours of operation would be normal. Ms. Richards said the Board very happily gave
the waiver of site plan. Following that,
she continued, the Board heard all kinds of stories suggesting different things
about the intended use and that what was understood was incorrect. She said that the Board does not normally pay
attention to that kind of rumor, however they were hearing that the actual use
is going to be physicians with an urgent care center open 24 hours and to provide
a variety of services. She added that
they are in the beginning process and the Board wants to make sure that
everyone is on the same page because they do not want to end up in any kind of
litigation. Because of this, the Board
felt that we needed to clarify the intended use and give you the opportunity to
set the Board straight so we could feel comfortable with what we are doing.
Mr.
Suchecki said that they intend to provide the same services that they provide
now at the North Main Street locations which is a physician office, some of
whom require appointments for patients with the hours stated, and another
section within the building that allows patients without appointment to walk-in
and sign up to be taken on a first-come, first-serve basis. He said he was not clear with what the Board
defined as a clinic, that they care for patients - do not do procedures, and
they have no intention of opening more hours then they are open now.
Ms.
Richards asked if their walk-in patients were established patients with some of
their doctors or could someone just walk-in and been seen? Mr. Suchecki said that someone could just
walk-in, but some of them become established patients. He added that once someone sees a doctor they
sometimes become a patient of the doctor they saw in their emergency. He said other times, for the convenience of other
physicians in the area who are probably not open at night or on the weekends,
they will take their patients as well and then coordinate the care with that
physician. Mr. Suchecki said that it is
a combination of services, but again, it is a physicians office providing care
for patients and they do not provide any types of procedures – those patients
would be sent to the emergency room.
Ms.
Richards said she does not want to send the message that any of the Board
members has a problem with what they do, they realize that the town would
benefit greatly from having medical resources within our reaches. She said it is from a zoning prospective and
the by-law has been modified to allow medical clinics in the industrial garden
park. She continued by stating that prior
to the new by-law change, medical clinics were only allowed in the residential
district of all places - the Board does not know why the powers that be years back
established that medical clinics would be only be allowed in our residential
zones, and we thought maybe because the type of service that you are providing
compliments the residents that live there.
She said that the Board also looked at the business zone and possibly
excepting a medical clinic to operate in this zone. However, the Board felt it necessary to establish
different criteria because the business zone is the most congested zone in our
community, and it is not because the Board is against such an operation. It is from a planning prospective, it is the
impact and the traffic - the use of the property has nothing to do with the
good services that they provide.
Mr. Przybylowicz asked if it was fair to say that the
difference between the urgent care facility that the Board defines as a clinic
and what you are proposing to do is the surgical aspect but everything else will
be performed such as blood work, setting of broken bones? Mr. Suchecki said again that is a very different definition of a clinic
but so be it, you’ve established it. He
said again the differences could be in the hours, we are only open limited
hours, the differences could be in the surgical procedures and even in the
minor procedures. He said the only thing
they come close to doing is stitching up someone once in a great while and that
is it so we do not have any appliances there and they certainly do not intend
to have any capabilities that the Board would define as a clinic.
Mr.
Ogaley said that he just wanted to reiterate his conversation of the last
meeting that an important part of the urgent care is that, for instance if Dr.
Bandak is booked one day they could see one of her patients that may have the
flu, and really need to see a doctor. He
continued to say that it is important to handle the walk-in overflow. Mr. Morrissette said he thought that may have
been where some of the confusion was because in the minutes from the last
meeting it said that walk-in business from your other sites that could not be
seen there would be sent over to the walk-in clinic. He said that the Board knows for a fact that
anyone could walk-in.
Ms.
Richards said in fairness to the position that the Board is in currently, comments
came to the Board from different sources that what we were being told and what
was being planned were two different things - she could not explain who would
do such a thing without any foundation.
She said the Board needed to respond to this information because it was
early enough in the process that the Board needed to make sure that it was
exactly what the town was going to get at that location – that being physicians’
offices.
Mr.
Ogaley, Director of Operations, said that he appreciated that and it’s best to
come out at an open forum but he can be contacted anytime. He said the trend right now in physicians’
offices is that some of the physicians are giving up hospital work and leaving
it to a new specialty called “hospitalists”. He asked if one of their physicians wanted to
start seeing patients at 8:00 a.m. for the benefit of the residents, would they
have to file something again? Ms.
Macdonald said just a letter stating that your changing your hours. Mr. Morrissette said that the Board would act
on the letter at one of their next meetings.
Mr.
Anderson said one other thing you might have picked up in the whole conversion
is that, as Ms. Richards pointed out very well, the expression is we are
playing the cards we’re dealt, so clinics under the zoning by-law definition - nothing
is stopping the group from going to Town Meeting with the Town Meeting
Government, and make a pitch to the town’s people to change the by-law to allow
a clinic in the business area. Mr.
Anderson said then the Town’s people can vote to look into having the area expanded.
Mr.
Henshon said that no one was asking that today.
Mr. Anderson said point well taken, but he was talking about the
direction of the future and if the by-laws somehow would cause restrictions, the
by-laws could be revisited but it is through the Open Town Meeting.
Ms.
Richards asked if there was anything the Board needed to know about the plans.
At that
time Mr. Ogaley reviewed the floor plans with the Board.
Upon motion duly made and seconded, the Board voted unanimously
(5-0) to amend the approved waiver of site plan to meet the new hours as stated
above and in the new application.
At this time, the Board, by roll
call, voted to go into Executive Session for purposes of litigation strategy –
then going back into regular session.
Marilyn Richards – yes
Donald Anderson – yes
Michael Przybylowicz – yes
Thomas Morrissette – yes
At this time, the Board, by roll
call, returned to regular session
Request for Waiver of Site Plan
Review – Amy St. Germain, 10 Pleasant Street
Clerk, Donald Anderson read a request for waiver of site
plan from Amy St. Germain to have full use of the lower level of her building
at
Ms.
Macdonald said that she could not find anything in the old files, however Mr.
Morrissette said that he knew it was used for office space before, it was an
existing building and the owner is not adding anything new, just rearranging
the use she has now. Ms. Richards said
you look at Fusion Restaurant - the
entire basement developed into offices for internal use so why cannot she have
a break room downstairs for her staff for internal use?
Mr.
Morrissette said that she could but the reality is she is putting another chair
in and could she hire another hygienist for the second floor, yes. He said that she could increase the business
to a point where the parking could be a problem, and she could sell that
practice and it will be there and who knows what that person is going to
do. He said so there are some other
circumstances to look at.
In
making their decision, the Board took into consideration the fact that that
there are a number of uses in town that have basements that provide for
internal use, together with the fact that the owner would not be increasing the
impact of what is presently being done; and that the owner is willing to add
additional parking spaces to the back of the building.
Based on
the above discussion, and upon reviewing the history of this site, the Board
approved the request to utilize the lower level of the building located at
1.
No additional staff will be hired
2.
No additional patient chairs will be added
3.
No additional use will be added to the site
4.
An updated, certified parking plan will be submitted to
the Board for review and approval, prior to utilization of the lower level.
Therefore,
based on the above, and upon motion duly made and seconded, the Board voted
unanimously (5-0) to approve the waiver of site plan.
Miscellaneous
Ms.
Macdonald advised the Board that Jim McEwen, Esquire on behalf of Don LaMascolo,
is interested in purchasing the Olde Tyme Popcorn building and he wanted to
know if the leasing of house trailers was an allowed use. She said that he delivers house trailers to damaged
property for temporary housing until the restoration work is complete. Mr. Morrissette said that WestMass has deed
restrictions on the property and they need to check with them. Ms. Richards said according to the by-laws it
is an allowed use and they would need to come in for site plan review. At that time, the Board would look at
appropriate screening, if WestMass is in agreement, and also look at the
placement of the trailers. Ms. Macdonald
said she was not comfortable in telling Jim McEwen one thing or another and she
did not want Mr. LaMoscolo purchasing
property based on what she told him.
Ms.
Macdonald said that Premier Source Credit Union is going to be looking for an
entrance sign on Westwood Avenue and she wanted the Board to think about it and
determine how it fits into the by-law.
Request for Waiver of Site Plan
Review – Dan
& Samantha Macero – East Longmeadow Shoppes, Shaker Road
Ms.
Macdonald said that the Board of Health has submitted a letter regarding the proposal
from Dan & Samantha Macero who would like to open up a business for a little
girls’ dress up boutique for parties in the East Longmeadow Shoppes on Shaker
Road. Clerk, Don Anderson read the from
the Board of Health stating that they met with Ms. Macero and Attorney Steve
Manning along with Fred Kowal. The
Selectmen determined that any cakes brought in need to be from licensed
bakeries only and the Selectmen are satisfied that no permits relating to food
or entertainment need to be issued at this time, but reserve the right to
require them in the future if necessary.
Upon
motion duly made and seconded, the Board voted unanimously (5-0) to approve the
waiver of site plan.
Request for Waiver of Site Plan
Review & Signage – Napa
Ms. Macdonald informed the Board
that Napa has moved into 169 Shaker Road. The Board reviewed
the application and signage and, upon motion
duly made and seconded, the Board voted unanimously (5-0) to approve the waiver
of site plan. In a separate vote, upon
motion duly made and seconded, the Board voted unanimously (5-0) to approve the
signage.
Request for Waiver of Site Plan
Review – Meadows Driving School, 143 Shaker Road
Ms. Macdonald informed the Board
that Meadows Driving School is planning to move to 143 Shaker Road. After review of the application, and upon
motion duly made and seconded, the Board voted unanimously (5-0) to approve the
waiver of site plan.
Request for Signage – Premier
Source Credit Union, North Main Street
After review of the sign application, the Board voted (5-0)
to approve the ground sign and the building
sign as presented, conditioned
upon obtaining approval and a permit from the Building Inspector. The Board reserved their decision for the
future regarding the requests for other signage at Westwood Avenue.
Request for Signage – Reflections,
21 North Main Street
After review of the sign application, the Board voted (5-0)
to approve the second back door sign as presented,
conditioned upon
obtaining approval and a permit from the Building Inspector. This is allowed as the business has a customer
entrance at the back of the building.
Release of Subdivision Bond –
Country Meadows, Charlie Richard
Ms. Macdonald advised the Board that
Charles Richard has asked for a reduction of subdivision bond. Ms. Macdonald stated that the town will be
releasing Thirty-Five Thousand One Hundred Eighty and 00/100 Dollars ($35,180.00)
and will be holding Eighteen Thousand Nine Hundred ($18,900.00) Dollars for Country
Meadows and it will be on the town warrant for street taking. Upon motion duly made and seconded, the Board
approved the partial release of subdivision bond.
Release of Subdivision Bond –
Orchard Hill
Ms. Macdonald advised the Board that
Mr. Chapdelaine has requested a reduction of the subdivision insurance that the
town is holding regarding Orchard Hill.
Ms. Macdonald advised that the town will be releasing Forty Five Thousand
Nine Hundred Ninety Eight and 00/100 Dollars ($45,998.00) Orchard Hill
subdivision and it will be on the town warrant for street taking. Upon motion duly made and seconded, the Board
approved the partial release of subdivision bond
Partial Release of Subdivision
Bond – Lori Lane Extension
Ms. Macdonald advised the Board
that Mr. Hasley has requested a reduction of the subdivision insurance that the
town is holding regarding Lori Lane Extension.
Ms. Macdonald advised that the town will be releasing in the amount
of Sixty One Thousand forty-one and
60/100 ($61,041.60) Dollars. The Town of
East Longmeadow will continue to hold Twenty One Thousand One Hundred
Eighty-two and 40/100 ($21,182.40)
Dollars in escrow until the project is completed. Upon motion duly made and
seconded, the Board approved the partial release of subdivision bond
The Board reviewed the minutes of October 17, 2006 and upon
motion duly made and seconded, voted unanimously (5-0) to approve them, with
edits.
The Board reviewed the minutes of October 31, 2006 and upon
motion duly made and seconded, voted unanimously (5-0) to approve them, with
edits.
The Board reviewed the minutes of November 14, 2006 and upon
motion duly made and seconded, voted unanimously (5-0) to approve them, with
edits.
The Board reviewed the minutes of November 28, 2006 and upon
motion duly made and seconded, voted unanimously (4-0) to approve them, with
edits.
The Board reviewed the minutes of December 12, 2006 and upon
motion duly made and seconded, voted unanimously (3-0) to approve them, with
edits.
The Board reviewed the minutes of the executive session of
December 12, 2006 and upon motion duly made and seconded, voted unanimously (3-0)
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 10:20 p.m.
Very
truly yours,
Donald
J. Anderson, Clerk