Minutes of August 21, 2007

 

Present were: Marilyn Richards, Chairperson; Thomas Morrissette, Vice Chair;

Louis Calabrese, Clerk; Michael Przybylowicz and Donald Anderson.

 

 

Public Hearing Site Plan Review  – MacKenzie Vault, Inc., 165 Benton Drive

 

The Chair, Marilyn Richards opened the hearing and introduced the Board Members. Clerk, Louis Calabrese read the legal notice and correspondence into the record. Selectmen voted to approve the recommendations of the Police who recommended that exterior lighting be installed on the north and south side of the proposed building; Exterior lighting be installed on the east side of the proposed building to illuminate that portion of the building; Existing “exit only” sign be removed or altered to reflect the purpose of the sign; no traffic study will be required; and the buffer zone between the building and the wooded area will be increased to assist officers during inspections of the site.   

 

Bob Bartlett, contractor from Hampshire Construction Co. introduced the owners,

Scott and Neil MacKenzie.  Mr. Bartlett explained that they are proposing to construct

a 6,400 square foot addition (80x80) metal building to the east end of the existing warehouse at 165 Benton Drive that designs and fabricates memorial urns.  He said that the addition would separate the storing of raw materials and the finished product from the packing in the manufacturing area.  He also stated that no future curb cuts are needed and the utilities will not need to be extended.  Mr. Bartlett said that the driveways on the north and south side serve both the parking areas as well as the loading dock with 1 space per 2 employees and they will employ 15 people requiring 8 spaces - currently they have 18 spaces.   He said if 1 space was added for a visitor that brings them up to 19 spaces, there are no company vehicles and the warehouse area requires 1 space per 3,000 square feet of floor area that equals 3 spaces, thus bringing them up to 22 - they have 24 available but they are going to take 2 spaces and make it 1 handicap space.   He said they will finish with 22 standard spaces and 1 handicap space so there will be more than adequate parking.  

 

Mr. Bartlett said the addition would match the width and height of the existing building with a total lot coverage of 17% and the sprinkler system will be extended into the new building for fire precaution.  He said that the parimeter of the addition will be lawn area and the vegetation will be trimmed back in accordance with the Police Department’s recommendations so they have vision on all 3 sides of the building for security purposes,  and 2 wall packs on each side of the building will be installed.  Mr. Bartlett said that the wooded buffer will remain the same - that the residential area to the north is heavily wooded.  He did add that although zoning calls for a 50 foot vegetated buffer zone when garden industrial abuts residential,  the property abutting the project was in a zone that was changed 4 years ago to residential.  Presently, the current driveway is approximately 5 feet off the property line so there is no way they could put a 50 foot buffer zone between the residential and the industrial garden park.  He said that the truck traffic to the facility will consist of 1 UPS van per day for pickup and delivery; 1 tractor trailer load out per week; and 1 tractor trailer load of raw materials arrives approximately once every 2 weeks.

 

Ms. Richards addressed the Board for any questions.                   

 

Mr. Przybylowicz asked if he could better explain what the company actually does?

Mr. Scott MacKenzie said that they make 210 cubic inch memorial urns out of cultured marble, onyx or granite.  Mr. Przybylowicz asked what their current hours are?  Mr. MacKenzie said that they are open from 8:00 a.m. to 6:00 p.m.   Mr. Przybylowicz asked if they have many visitors?  Mr. MacKenzie said rarely they have a box salesman or UPS representative but there is no retail traffic and the closest they get to the public is through the funeral homes which is only about 10% of the business, most of it is through distributors.

 

Mr. Anderson asked how close does the developer of the Fields at Chestnut plan on building next to their location?  Ms. Macdonald said that there is road there.  Mr. Anderson asked if there will be specific delivery times?   Mr. MacKenzie said it is pretty consistent and there will be no more nor less trucks, the trucks will just be fuller with raw materials and fuller with out-bound materials.        

 

Mr. Przybylowicz asked if there was a dumpster on site?  Ms. Richards said that they do have an existing dumpster with a stockade fence.  She asked Ms. Macdonald when she types up the decision if she would please include that the Board recognizes that the location was pre-existing to the by-law change for the 50 foot landscape buffer.  Mr. Przybylowicz asked the color of the split faced block.  Mr. MacKenzie said that it is tan/beige and with red split units above it.

 

Ms. Richards addressed the audience for any questions, there being none, Mr. Calabrese then read a request for waiver of traffic study into the record.

 

Upon motion duly made and seconded, the Board voted unanimously (5-0) to waive the requirement for a traffic study.  Upon motion duly made and seconded, the Board unanimously voted (5-0) to close the hearing.  After discussion and upon motion made and seconded, the Board voted (5-0) to approve the Site Plan conditioned upon adding of the comment regarding the buffer.

 

Public Hearing Amendment to Special Permit – Fusion Café

 

The Chair, Marilyn Richards opened the hearing and introduced the Board Members. Clerk, Louis Calabrese read the legal notice and correspondence into the record.  Police Department recommended:

 

1.      The grass portion be removed along the fence line as indicated on the site plan to increase the paved area for parking and the travel lane.  

2.      The four proposed 9' x 24' parking spaces be installed as indicated on the site plan with vehicle parking in a Northbound direction only.  

 

3.      A portion of the brick sign support be removed to increase the paved area for parking and the travel lane.  

 

4.      Additional pavement markings be made to clearly delineate the travel lane.

 

5.      Additional pavement markings be made to separate the proposed travel lane from the current parking spaces and to act as a guide for vehicular traffic.

 

6.      The proposed travel lane be restricted to a "one-way" traffic pattern in a Northbound direction and pavement markings be installed to indicate the recommended traffic pattern.

 

7.      Additional concrete "curbs" be placed along the front of the building in any of the parking spaces where none are installed, and an additional concrete "curb" be placed in the first South side parking space to separate the vehicular traffic from pedestrian traffic.  

 

8.      Additional pavement markings be made to eliminate parking at the South end and North end of the front parking spaces.

 

9.      Outside tables be positioned adjacent to the front of the building to maximize the separation between vehicle parking and seated patrons.

 

Dawn and Sid Starks, 28 Elm Street direct abutters of Yummydough's restaurant Fusion Cafe wrote:

The following issues currently exist without any changes to the permit:

§         On a daily basis we have heavy kitchen odors permeating the air. Fusion is supposed to have filtration systems which will handle this. This should be addressed. 

§         Trash pickup is taking place between the hours of 5 and 7 a.m. This is not what was agreed to in the first Special Permit issued. The agreement was to have trash pickup after 7 a.m. as it is a residential area. We have made formal complaints to the Planning Board office, and we know that the office has on numerous occasion contacted and told Yummydough, as well as the trash contractor, to abide by the agreement. The result has not been successful, as trash pickup will abide by the law for one to two weeks after complaints are lodged, and then they return to early morning pickups.

§         In the original application for Special Permit a fence was to be constructed to protect abutters from headlights, and cut down on noise. The fence does provide protection from the lights and noise at the rear of the property as it does not extend to the back near the building.

Current permit issues that concern us are as follows:

§         The live dancing indicates that bands or D's will be on the premises, which seems to be a change of use from restaurant to nightclub/tavern. We are curious to know why this would be considered for an amendment to the Special Permit, and not trigger a new Special Permit as the focus of the business will be new.

§         How many eating tables are to be removed to fit in a dance floor? If the establishment is truly a restaurant, why would you remove space for dining, to replace it with dancing space? We have been in the establishment and it is very tight. As you cannot grow new space, what is being removed to fit it all in and still be in compliance with seating/parking regulations? A dancing floor will encourage less eating and more drinking. The bar was supposed to be a service bar only. It has become a "bar" bar, and is often standing room only currently.  How will a dance floor help this situation?

§         Where are patrons going to be served outside? How much noise will be generated?  Will it be safe for patrons, as any outside eating area will have to be near the parking lot?

§         Will any changes be made regarding use of the basement to accommodate the change of use?

Fusion Cafe is zoned business, but it is surrounded by a residential neighborhood, and needs to be sensitive to its abutters. To date we have not seen sensitivity, and we just live with the noise and smell.  We have also seen violations of the Special Permit in the past.  After the original permit was issued, which clearly stated that no additions were to be made to the building, an addition was built.  It was only after the fact that it was built, and after neighbors alerted town officials to the violation, that the Special Permit then was amended to allow for the addition.  We are concerned this is happening again.  Has the dance floor already been built? We ask that the Planning Board give this change serious thought. We contend that adding live dancing changes the use from a restaurant to a nightclub/tavern.  Thank you for your time and consideration.

 

Attorney Larry Levine, representative for Fusion Café, introduced Mike Chang, Owner and Russell Chow, Manager.  He explained that there were 2 issues that they would like to address with the Board - 4 tables were being requested for outside dinning and allowing dancing within the restaurant for patrons.  He said to their knowledge there have been no complaints to the Police Department or Health Department and to make accusations when they haven’t been notified is unfounded to begin with.  Attorney Levine continued by stating that during his time representing Fusion Café they have abided by the rules, they have not instituted any dancing before getting the approval of the Board as well as the Selectmen, and the change for the tables needs approval from ABCC as well.  Attorney Levine said once they get those approvals and only at that time they will initiate those changes.  He said the concern that he is hearing about the dancing and that the character and flavor of the restaurant will change is not their intent because Fusion is a restaurant and wants to maintain it’s establishment and clientele. 

 

Attorney Levine also stated that they have no desire to turn it into a dance club or have loud music, that currently they have entertainment.  He said that he stood outside before the meeting that evening and did not hear anything and asked the patrons going in if they heard anything and they did not.  He spoke to some people that live on Brook Street who sit outside at all times of the year and they have no problems with noise.  He continued by stating that if the neighbors have concerns they would be glad to speak with them and address their concerns.  He said the intent of the dance floor is to make available, after hours about 9:00 to 9:30, when patrons are there and business slacks off.  He said that they would like to make a small portion of the restaurant available for dancing with no intent to create a nightclub with an area approximately 10’ x 15’.  He said that they have not decided if it would be in the main dinning room or the area where the bar is and they would like the opportunity to be able to experiment.  Attorney Levine also said that the area would be small and the tables in either area would probably be removed to the back of the restaurant to make that space available. 

 

Attorney Levine then addressed the issue of the outdoor tables by stating that they run a business and they have to be competitive with other restaurants in the area.  It is expected that the 4 tables outside would bring extra business to them but the same supervision that exists now within the restaurant would be continued outside.  He said that the owners understand that it is a privilege to have their licenses and permits and they have no intent of jeopardizing those privileges.  Attorney Levine said that the owners should be credited for the fine establishment they have operated and assume and presume not only will they continue within the same manner, but remember the Special Permit is issued to the owners.  He said if new owners come in they have to go before the Planning Board again for approval of their Special Permit.         

 

Ms. Richards addressed the Board for any questions.

 

Mr. Morrissette asked if he could address the odor and the dumpster issues that were brought up in the letter?  Attorney Levine said that they never heard of those complaints,  but they would be glad to talk the owner.

 

Mr. Przybylowicz asked what the current hours were and if they expect them to change with the improvements, should they be granted?  Mr. Chang said that they are open 7 days a week and 5 days for lunch from 11:30 a.m. to 3:00 p.m. they open at 5:00 p.m. for dinner and Monday, Tuesday and Wednesday they are opened until 10:00 p.m., Thursday until 11:00 p.m., Friday and Saturday until midnight, Sunday 4:00 p.m. to 10:00 p.m.  He said that they have no intention to change the hours.  

 

Mr. Przybylowicz asked if the same kind of entertainment would still be offered or will it be changing with their improvements?  Mr. Chow said it will still be the same and the idea for dancing was brought up by the customers so they brought the idea to the Planning Board.  He said that it would only be on Friday & Saturday from about 9:30 to midnight.  Mr. Przybylowicz asked Mr. Chow what guarantee could they give the Board that there would be no over crowding on the dance floor and prevent it from becoming a big night club?  Mr. Chow said when he thinks about a night club he thinks about loud rock music but that is not their intention and the music that they will be playing will be from the 70’s & 80’s, so he really does not know what his question meant.  He just wants to keep his customers happy.

 

Attorney Levine said if they are granted a license and define a certain size area, it is up to them to supervise it just like they have done in the past.  He said if they found that the area was not large enough for whatever reason, have no noise problem and are still maintaining the restaurant atmosphere, then they know either they have to eliminate it or they have to eliminate it for the time being and ask for approval to enlarge it.  He said the dancing application is not only going to the Planning Board but it also to the Selectmen and State Department of Public Safety for approval.  Attorney Levine said that the application has already been submitted to the Selectmen for dancing only as a another entertainment portion of the restaurant but not to be changed from the restaurant.                   

 

Mr. Przybylowicz said the problem that he has is that the Building Inspector is classifying it  as an A3 and because of the dancing it falls as an A2 (night club).  He asked how the Board could support classifying it any differently knowing that another department in town is classifying it as a night club? 

 

Attorney Levine said that he disagreed with the interpretation.  He said if it was exclusively to be used for dancing and serving alcohol maybe that would be the case but they have to consider that it’s an ancillary use and not a primary use and the Building Inspector did not contact him, so he was unaware of it.  He also said that they agree with Sergeant Bates’ recommendations and they will add each and every one of them on the plan.

 

Ms. Richards added that she is struggling with whether the Planning Board even has the authority to move forward with the request for dancing.  She said that the by-laws for the table of uses says if it’s not listed it’s deemed not allowed and she believes when dancing is added at 9:00 or 9:30 it does change the principal use to dancing.  Ms. Richards said that the majority of people have already dined and she understands that Fusion wants to keep the customers there, but when people are dancing they are not ordering meals.  She said that the people would probably eat light or maybe not eat at all because they want to dance and does not believe that the town has given the Planning Board permission to extend the use of a restaurant in that way.

 

Attorney Levine said in one of the Special Permits the Board granted a piano player and no other entertainment.  Ms. Richards said correct, background music.   Attorney Levine said if he went there specifically to listen to someone that he enjoyed was playing and had a light meal and a drink, as a opposed to going there and dancing and having a light meal and a drink, he does not see the distinction as far as primary versus ancillary use.

 

Ms. Richards said that she did not want to debate it because the Board did agree to it when it was added as part of the conditions in the previous Special Permit.  She said speaking for herself, the Board agreed to the entertainment because it was ancillary use to the actual dinning experience and the Building Inspector’s interpretation is that dancing puts it into a different category.

 

Attorney Levine said that he disagrees with the interpretation and does not think it fair at the last minute that they get notice of that because it has now colored the Planning Board’s decision.  At that time Mr. Morrissette read the CMR 303 regulation into the record.  Attorney Levine said that the Board is presuming once the dancing begins that all of sudden people who might be dinning there will not remain in the restaurant and a whole new flood of people are going to come in and take over, that is not the intent.

 

Mr. Anderson said regardless of the intent, he cannot say with certainty and he doubts that the petitioners can as well.  He said the thing he is struggling with is if it was something that might become a destination to dance as opposed to being a restaurant.

 

Attorney Levine said he thinks that the Board is pre-judging and when the Special Permit was issued they all heard the same concerns over a piano player and a singer.  Ms. Richards said the concerns where more in line with the extension of hours and abutting a residential district and one of the arguments in favor of extending the hours was that there was no entertainment that would become a nuisance issue or would increase the use of the facility, that it would strictly be a restaurant.  She said one of the things that was discussed was that entertainment would not be an issue.          

 

Attorney Levine said he thought there were many concerns about the noise, the effect on the neighborhood and the fear on the type of restaurant that it would be.  He does not agree with their concerns and thinks they are pre-judging again and he does not foresee it happening.  

 

At that time Ms. Richards addressed the audience for any questions.

 

David Smith, 23 Brook Street said the only noise he hears occasionally is the trash pickup and asked what the interior capacity was, the size of the 4 tables and when would the tables be put away?  Ms. Richards said that the capacity is 98 seats, the table would be 16 seats and it would be management’s decision when the tables are taken in.  Mr. Smith asked if Coldwell Banker ever moved out, would Fusion be able to expand or move into that space?  Mr. Morrissette answered that it could expand, it is the owners’ decision and if they wanted to do that they would have to come before the Board in order to do so.

 

Andrew Wilson 24 Elm Street said that Fusion should start thinking about the neighbors and not just of themselves with regard to the trash pickup that is being pickup at around 4:20 – 5:20 in the morning.  He said it was approved as a restaurant and now the restaurant is going to have dancing and music that will classify them as a night club, he asked what’s next?  Attorney Levine said again that was the first time they were hearing about complaints regarding the trash pickup and they will address that immediately and they do not intend to turn it into a night club.

 

Mr. Calabrese asked Ms. Macdonald if she had any records of the complaints?  Ms. Macdonald said that there were a couple calls regarding the trash pickup and she spoke to Mr. Chow and called the trash people and they agreed that they were too early and she thinks what happens is that they do arrive later for a while and then slack off.  She said that she called them about 3 or 4 weeks ago and they said that they would check into it.           

 

Lynn Jackson, 17 Brook Street said right now the music ends at 10:00 and asked if it will it go on until 12:00 because of the dancing?   Mr. Morrissette said they are not required to end at 10:00 but they are stopping it voluntarily now.  Ms. Jackson asked if the doors would be opened in order for the people outside to hear the music?   Attorney Levine said that the doors would be closed.

 

Ms. Richards addressed the Board for any further questions.

Mr. Calabrese said basically a night club in his eyes is a place where you hear a comedian or see a hypnotist and those are the kinds of things he associates with a night club.  He said that he never recalls dinning and dancing being a night club so he guesses that interpretation is a big thing and there are different organizations in town that have functions such as dancing, are they all in violation of operating a nightclub?  He said that was the biggest problem he was having with the interpretation of a night club, dinning and dancing which is a very common thing.  He said that they have already been approved to have entertainment and whether the people stay to sing along and participate with the nice music that is there, is that a problem?  He said that he does not see the dancing as a problem and he thinks that the interpretation is being stretched as a night club.

 

Mr. Przybylowicz said he does not have so much of a concern with the interpretation because he believes the truth comes out of the testimony.  He said the testimony has been that they voluntary turn down the music or the music stops at 10:00 p.m. and if there is such a need for listening ‘till they close then they would keep it on until they were closed.  He said but now they are saying that they are trying to keep the business there so instead of the patrons leaving after they eat at 9:00 or 10:00 and go some place else to spend their money, why cannot they keep them there to drink and dance, that is the trouble he is having with it.  He said that it is not so much an extension of their business it is like they are creating another business for later dancing and the drinking.

 

Ms. Richards said that there is also a request for 4 out door tables (16 additional seats) and asked if there were any concerns with that request before the Board moved forward with a decision?

 

Mr. Przybylowicz said that he was sure it was going to be seasonal and the Board has  done it for other establishments in town and as long as it is policed properly, there should not be a problem.  Mr. Anderson said as long as the Building Inspector who is in charge of ADA compliance, signs off on it and there is no increase in seats inside, and no out door music he does not have an issue with people eating outdoors providing it does not create a safety issue. 

 

Ms. Richards asked Attorney Levine if when the 16 seats outside are being used will 16 seats inside be removed?  Attorney Levine said no, it would be 16 + 98 to equal 114 seats. Ms. Richards asked if that meant when the tables are moved inside that there will be additional seating created inside to meet the 114 seats?  Attorney Levine said no that the seating plan inside will still stay at the original 98 seats.    

 

Ms. Richards turned to the Board.  Attorney Levine said that they could go forward and decide on the outdoor seating and asked if the hearing on the dancing issue could be continued so that they would have an opportunity to talk to the Building Inspector to make sure that his interpretation is based on the facts.  After further discussion and upon motion duly made an seconded, the Board unanimously voted (5-0) to approve the 4 outside tables subject to the Building Inspectors approval for ADA compliance.  Upon motion duly made and seconded, he Board voted unanimously (5-0) to continue the dancing portion of the hearing until October 2nd   at 7:00 p.m.

 

 

Signage - Forastiere Funeral Home

 

Frank Forastiere said that the only reason they want to make a change was because since the credit union opened people are missing the driveway.  He said if people do not stack into the intersection they end up going around because their signage is on the side of the building.  He said they were hoping, by replacing the existing entrance sign, it would help take some pressure off the intersection and capture people better into the common driveway they share with the credit union.  Mr. Forastiere said what they would like to move the Westwood sign to the north side of the building and put a lawn sign in front on the corner.  Ms. Macdonald said that she explained to Mr. Forastiere that entrance or exit signs could be erected without the name of the funeral home.

 

Ms. Richards asked Ms. Macdonald if they are maxed out with their square footage for their structure?  Ms. Macdonald said that their request would change everything so the Board need ed to tell him what ones are approved, and then the square footage could be worked out.  Ms. Richards asked if they could identity the funeral home on their driveway entrances if it doesn’t exceed the total square footage?  The members answered no and Mr. Morrissette said that it was taken off of People’s Bank and SIS bank.  Ms. Richards said they can leave the sign because it is there but if they want to change it has to be just an entrance and exit sign.  She said that there is a ground sign which is  3’ x 6’ (18 square feet) to be placed beneath the window with a 25 foot set from the property line.

 

After further discussion and upon motion duly made and seconded, the Board voted unanimously (5-0) to approve an 18 foot square ground sign, however, in another motion as a result of the applicant’s request, the Board voted unanimously (5-0) to rescind the ground sign approval to give Mr. Forastiere the opportunity to change his request.  

 

Request for Waiver of Site Plan Review –  PIP Printing, 175 Benton Drive

 

Clerk, Louis Calabrese read a letter from Attorney Phillip Smith stating that the restrictions that WestMasss had on the parcel had expired on June 1, 2004.  Mr. Calabrese then read the request for Waiver of Site Plan Review from Robert Pelzek and Michael Tarby to open a Professional Printing Shop at 175 Benton Drive, East Longmeadow.  Hours of operation will be 6:00 a.m. to 7:00 p.m. and employee 17 people.

 

Michael Frisbie, Troon Realty said that PIP Printing will occupy 12,000 ± square feet of the interior building on the Benton Drive side. 

 

Mr. Przybylowicz asked if PIP was going to be like they were in the center?

 

Mr. Pelzek said that the location has been changed over to strictly commercial printing services without retail.  He said that they have another location in the city that does all of their production for several of their retail locations.  He said their market has changed over the years more towards commercial printing and their retail business has pretty much disappeared.  He said that they have a few customers that occasionally go into that location, they have pretty much changed their mind set and are now just going over to commercial printing and intend to bring over all of their commercial equipment to service the customers.  

 

Upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the Waiver of Site Plan conditioned upon any proposed signage to be presented to the Board for approval prior to construction and that no retail sales  will be conducted from the location because that use is not allowed in that district and a use permit must be obtained from the Building Inspector prior to occupancy in this location

 

Request for Waiver of Site Plan Review –  Academy of Dance, 175 Benton Drive

 

Clerk, Louis Calabrese read a request for Waiver of Site Plan Review from JoAnn Jebb to open a dance studio at 175 Benton Drive providing dance education for children and adults.  Hours of operation will be 8:00 a.m. to 10:00 p.m. Monday through Friday and employ 2 people.  

 

Upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the Waiver of Site Plan conditioned upon any proposed signage will be presented to the Board for approval prior to construction and a use permit obtained from the Building Inspector prior to occupancy in this location.

 

Request for Waiver of Site Plan Review – Hunter Development Co., 175 Benton Drive

 

Clerk, Louis Calabrese read a request for Waiver of Site Plan Review from Hunter Development Company to open a Commercial Real Estate Development and Property Management Office at 175 Benton Drive.  Hours of operation will be 8:00 a.m. to 5:00 p.m. Monday through Friday and employ 2 people. 

 

Upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the Waiver of Site Plan conditioned upon any proposed signage will be presented to the Board for approval prior to construction and a use permit obtained from the Building Inspector prior to occupancy in this location.

 

Request for Waiver of Site Plan Review – Commercial Training School, 175 Benton Drive

 

Clerk, Louis Calabrese read a request for Waiver of Site Plan Review from Donna Chalfant to open a Commercial Personal Training School at 175 Benton Drive.  Hours of operation will be 6:00 a.m. to 8:00 p.m. Monday through Saturday and employ 1 person. 

 

Upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the Waiver of Site Plan conditioned that a applicant fully understands that a membership club is not allowed in that district, any proposed signage will be presented to the Board for approval prior to construction and a use permit obtained from the Building Inspector prior to occupancy in this location.

 

Temporary Signage for Caribbean Fest Carnival

 

In a letter from Chris Graziano he requested to display two temporary signs for the Caribbean Fest Carnival sponsored by PTO’s of the Town schools to be placed in the center of town.

 

After discussion, the Board allowed temporary signs to be posted for thirty (30) days or less and the placement of the signs cannot be in the rotary for safety reasons with the decision to be made jointly between the Board of Selectmen and the Police Department regarding the placement signs

 

Request for Waiver of Site Plan Review – A.O.White, 78 Center Square

 

Clerk, Louis Calabrese read a request for Waiver of Site Plan Review from Jayson Falcone on behalf of A.O. White Sport, Inc. to open a clothing store approximately 4,300 feet at 78 Center Square.  Hours of operation will be 10:00 a.m. to 5:00 p.m. Monday, Tuesday Wednesday, Friday & Saturday and Thursday 10:00 a.m. – 8:00 p.m. and employ 4 people. 

 

Upon motion duly made and seconded, the Board voted unanimously (5-0) to approve the Waiver of Site Plan conditioned upon obtaining a permit from the Building Inspector.

 

Request for Signage – Fare with Flare, 48 Maple Street

 

The Board reviewed the signage presented for Fare with Flare and upon motion duly made and seconded, unanimously (5-0) voted to approve the signage at an existing retail space located 48 Maple Street, conditioned upon obtaining approval and a permit from the Building Inspector.  The Board approved two signs, one for the building, measuring 91 square feet and one ground sign, measuring 48 square feet.  The applicant agrees to reposition the ground sign to meet the zoning requirements for setback – that being 25 feet from the property line.

 

Request for Signage – What’s Cooking Kids, 41 Maple Street

 

The Board reviewed the signage presented for What’s Cooking Kids and upon motion duly made and seconded, unanimously (5-0) voted to approve the applicant’s request for signage at an existing retail space located at 41 Maple street, conditioned upon obtaining approval and a permit from the Building Inspector.  The Board approved two signs, one for the building, measuring 31 square feet and one for the existing ground sign, measuring 14.25 square feet. 

 

Therefore, with no further business and upon motion duly made and seconded, the Board voted (5-0) to close the meeting at 10:20 p.m.

 

                                                                        For The Board,

 

 

 

                                                                        Louis A. Calabrese, Clerk