Minutes of May 15, 2007

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

Public Hearing Site Plan Review – JWW Realty, LLC (RTH Group), 152 Denslow Rd

The Chair, Marilyn Richards opened the hearing and introduced the Board Members. Clerk, Louis Calabrese read the legal notice and correspondence into the record. Michael Burns from the O’Leary Company requested a waiver of traffic study and said that one was previously granted in 2003. Selectmen voted to recommend the approval to include the recommendations from Police which were that existing exterior lighting remain, the additional light on the north side be installed as indicated in the site plan and that a traffic study will not be required. Franklin Miorandi, Assistant Town Engineer found no concerns with the addition as did the Fire Department.

Mike Burns, representative of the O’Leary Company said the work involved will include a 12,000 square foot addition along with 4 additional parking spaces and a truck dock. He said that the existing retention and detention areas have been expanded to accommodate the stormwater runoff. The current building lighting consists of a 400-watt metal fixture over the existing loading dock and the construction will be the same type of structure as the existing facility.

Ms. Richards addressed the Board for any questions.

Mr. Morrissette asked what the space was being use for? Jim Walsh, owner of JWW, said that they design trade show exhibits and the companies want their exhibits set up ahead of time for inspection so he needs space to do that as well as store the exhibits after the trade shows. Mr. Morrissette asked if he would be increasing his staff? Mr. Walsh said no. Mr. Morrissette asked what they were doing with their parking? Mr. Burns said 4 spaces were added in the front and the formula was based on office use and light manufacturing - based on those formulas they are 2 spaces over the requirements.

Mr. Anderson said for the record even though the use is warehouse now if it changes in the future they will need to come back before the Board to address the issue.

Mr. Przybylowicz asked if the dumpster pad labeled on the plan was existing? Mr. Burns said it was being removed as part of the site demolition. Ms. Macdonald asked for 3 new plans with revised plan date stamped on them. Ms. Richards addressed the audience for any questions, being none and upon motion duly made and seconded, the Board voted unanimously (5-0) to waive the traffic study.

Upon motion duly made and seconded, the Board voted unanimously (5-0) to close the hearing. Upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the site plan, conditioned upon meeting the recommendations of the police department.

Miscellaneous

Ms. Macdoanld informed the Board that Bill Collins from Spoleto’s was on the agenda to talk about putting banquet facilities in the lower portion of Spoleto’s. She said however, after speaking with the Building Inspector, she advised that Mr. Collins to speak with the Building Inspector prior to addressing the issue with the Board.

Ms. Richards advised the board that Tony Zampicini called her to tell her that he heard that Jay LeFebvre issued a statement that we had until the 1^st of June to take acquisition of the depot other wise it was coming down. She said he wanted to know what the Board could do about it and she told him that it wasn’t within the purview of the Planning Board and sent him to the Selectmen. Ms. Macdonald said that she went to see Nick Breault on this and Jay told her that if the town wants it they need to do something soon. She said as they know the historical house is in a little bit of jeopardy because the deeding of the property has fallen through the cracks and the town does not own that property so there is a town building sitting on property owned by someone else (The Friends of Norcross). She said that they were to deed over that piece of property prior to the house being moved there which didn’t happen. She said that they are in financial difficulty and there is a chance that parcel is going to be sold, then what are they going to do with the historical house. She said that the Selectmen were interested in the depot, however the moving of it is a huge expense and where could it be moved to? She talked with Dave Gromaski to see if the DPW was willing to dismantle it, mark it, store it and then reassemble it however, the DPW is too busy to attempt such a project. Ms. Macdonald is going to call Jay LeFebvre and find out the facts of this situation.

The Board reviewed the minutes of May 1, 2007 and, upon motion duly made and seconded, voted unanimously (5-0) to approve, with edits.

Mr. Calabrese said that he hopes at the next special town meeting that there is a by-law in place so that the Planning Board can institute a new position of a Zoning Enforcement Officer that works under the Planning Board. He said they are getting a true picture now of what can be done with the new Zoning Enforcement Officer.

Ms. Macdonald informed the Board that the bank coming in at Center Village wants to add a window in the back of building rather than all brick.

Unregistered Vehicles

The Board discussed the by-law change with regard to unregistered motor vehicles and agreed with the revision, with the exception of one area. The members all agreed that new language should be added such as: “the keeping of unregistered truck trailers or the like, either assembled or disassembled, on a parcel is prohibited for all residential uses, except the aforementioned will be exempt when used for agriculture or farm business”. Upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the by-law language for unregistered vehicles.

Informal meeting - Bach Towing

James Lawrence & Leonard A. Eremento from Bach Towing said that they wanted to meet with the Board to ask for a modification to the original site plan decision, allowing their trucks to stay at the site overnight. He said that their East Longmeadow location is now their primary office due to downsizing and they have 1 full time employee and a fleet of 5 trucks. He added that 1 more truck has been added to their fleet but it is not a regular operating truck and thus, not used on a daily basis. He said with regard to the complaint from the police department about the vehicles that were stored at the location, it was after 2 snow storms - their other lot was full -all the vehicles were registered and left maybe for 2 or 3 days. He said they have made a deal for storage of towed vehicles at Custom Auto Body on Maple Street. He added that for them to have all 5 trucks at the East Longmeadow location at the same time was very rare.

Mr. Calabrese read the minutes from 5 years ago regarding the discussion on the Board’s decision so Len & Jim could get a handle on what the Board was thinking at the time. Ms. Richards asked if his lease still said that they cannot park vehicles overnight? Len said no, that has changed and their business had changed as of March 1st. It was, according to Mr. Eremento, approximately 2 weeks later that they received the letter regarding the complaints and they have not had time to reorganize themselves. Ms. Macdonald asked if they had talked with Custom Auto Body about coming before the Board to operate two businesses out of that location? Len said the storage area they took over was formally CJ’s towing impound which was used primarily for vehicles impounded from East Longmeadow. He also stated that there is no change of use just a change of name.

Ms. Richards asked if there were vehicles stored on Shaker Road, and whether they were looking to store the 5 vehicles in and outside of the bays? Mr. Morrissette asked what the concern was with parking the vehicles at that location? Mr. Calabrese said there was a problem on Baldwin Street with Jim Planky’s operation and the lack of specifics is why they are where they are today. He said he would like to see his business work out, but that would probably require a site plan review process. Jim Lawrence said that Len was not at the meeting held five years ago and they did not intend to be deceptive. He said they thought parking their trucks at their shop was a reasonable thing, and, regarding the vehicle storage, they completely understand the Board’s position. He said that it was essentially a state of emergency for two days, they had about 16 cars that came in and went out from the extreme storms, their facility in Springfield was not set up, they had just moved and they did not have their deal with Custom Auto Body. Jim said there will never be a time when they will be storing vehicles on Shaker Road unless they approached the Board first. At that point they know a site plan would be required. Mr. Calabrese said his key concern was not the trucks being parked at the site, but if they are going to bring vehicles back there they would have to be set up and a site plan review would be required. Mr. Lawrence said if they were going to ask for any type of storage it would only be for about 6 cars for about 2 weeks at the most. He said that their current plan is to operate as they have, store their vehicles in Springfield or at Custom Auto Body and address that issue as the Board suggested.

After further discussion the Board agreed to require a Waiver of Site Plan Review for the storage of vehicles at Custom Auto Body and allow them to park their trucks at their current location at 174 Shaker Road in order for them to continue their business. The Board will send a letter to Custom Auto Body and ask them to come in and talk to them about the agreement they have with Bach Towing. Ms. Richards reiterated that there will be no storage of vehicles at the Shaker Road site. Mr. Lawrence and Mr. Eremento agreed that there would be no other vehicles (other than their fleet of trucks) parked at the Shaker Road site.

ANR – 103 Parker Street

The Board reviewed the ANR submitted by Albert Crivelli for property located at 103 Parker Street. After discussion and upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the ANR.

Partial Release of Subdivision Bond – Orchard Road

The Board reviewed a partial release of subdivision insurance bond presented for Orchard Road in the amount in the amount of Twenty Two Thousand Six Hundred Thirty Three and 00/100 ($22,633.00) Dollars. The Town of East Longmeadow will continue to hold Twenty Three Thousand Three Hundred Sixty Five and 00/100 ($23,365.00).

Therefore, with no further business and upon motion duly made and seconded, the Board voted to close the meeting at 9: 30 p.m.

Very truly yours,

Louis Calabrese, Clerk