MINUTES OF MEETING
February 4, 2009
Present: Chairman, Frank Palange, Vice-Chairman, Aldo Bertera, Secretary Katie Harrington, Jose Irizarry, Will Reichelt and Alternate Jill Fortier.
The Chairman called the meeting to order at 7:03 p.m.
1. Public Hearings
2. Acceptance of Minutes
Jose moved to accept the minutes of January 21, 2009, as presented; Will second. Three in favor; Jose and Katie abstaining.
3. Action Items
a. Ordinance Amendments:
Richard said the ordinance subcommittee was going to take up the proposed driveway ordinance at its last meeting, but they had to cancel due to inclement weather. The amendment will be before the Council again on February 17th. The ordinance sets the standards for driveways and sets up the appeals process through the Planning Board for a non-hearing review. Frank asked why it would not go before the Zoning Board and Richard said because the Council wanted to avoid fees and a public hearing and they wanted to expedite the process for the residents.
The Board discussed the driveway standards further and how would people be able to meet the new standards; would DPW be out policing driveways around town? Richard said this ordinance is for the modification of existing driveways when people come in for a permit. The ordinance is written to be as flexible as possible and to give the Planning Board authority over driveways.
Richard said in the past the Board had discussed removing the requirement for special permit for therapeutic massage from the Zoning
Ordinance. The time is right to bring this before the Council. Richard said he would have language for the Board at the next meeting.
Jose asked how this would affect businesses that come in? Richard said it would make the process easier for the applicant to go through
site plan review only. There really is no need for the special permit, since this type of business has become standard use at many spas
and rehabilitation facilities.
Richard said as part of the Master Plan review, under land use a reduction in zoning districts is recommended because some of the zoning
districts are on the books, but are not utilized. Examples are Industrial Park Light and many of the Special Use districts. Differences
between Business B and Business B-1 are minor so they could be combined as one district to make regulations easier to understand and
easier to regulate. There is a Master Plan Committee meeting next week on February 11th and after that the Master Plan will be forwarded
to the Planning Board for endorsement and adoption. Also it is recommended that it be forwarded to the Mayor and to the Council for
adoption.
Richard said the home occupation uses in the Zoning Ordinance currently allow for such occupations as a doctors, lawyers, or architects. The Zoning Ordinance allows for minimal uses as home occupation uses. The ordinance was written in 1923 and does not reflect the computer age. This needs to be amended and updated in accordance with today’s occupations.
Richard said the parking standards and signage regulations need to be revisited because these regulations are 15 to 18 years old and need to reflect changes in the retail sector with big box retailers in existence now. Will asked if all the regulations are that old? Richard said not much has been updated since the mid 90’s and they should be revisited every ten years. Katie asked if there were any communities that are ahead of the curve? Richard said Northampton and Amherst are very progressive with large planning staffs available.
Richard explained non-conforming structures and uses need to be updated and he has been working on this for over a year now with the Town Attorney and the Mayor. Currently single and two-family structures are protected by state statute if they are damaged or destroyed they could be reconstructed to the footprint. Multi-family and Commercial cannot be reconstructed. The Mayor and Council would like to revise the process through the Planning Board and allow structures to be reconstructed as long as they are not a burden on the neighborhood. If they are a burden, then they could be changed to be less of a burden. New language is being drafted and this ordinance may be a model for many other communities once it is drafted. There have been a couple of cases of
non-conforming commercial properties and the applicant’s attorney’s have advised them not to purchase properties because of not being able to rebuild them.
b. Subdivision Regulations – Richard said he is drafting standards for electronic filing, storm water management and pavement standards. The Town is looking to go paperless whenever possible. Applicants will be required to send plans and applications electronically to the Planning Board. However, some paper copies will be required, but it would be a cost-savings to the applicant and the town. These regulations were last updated in 2002.
4. Approval Not Required
a. Richard explained the plan shows 20 Clara Street and a lot broken off of parcel A and conveyed to Andrzej Bialas. The lot remaining with the building complies with zoning and a note will be added that Parcel A is not a building lot in case the conveyance does not go forward.
Will moved to approve the ANR with the addition of the note that Parcel A is not a building lot; Katie second. UAV.
5. New/Old Business
a. Site Plan Review - Richard said the rules and regulations would be updated with electronic filing requirements. This will be forwarded to the Board for review.
b. Subdivision Review – Richard said he met with the engineer for the Stonepath Subdivision development. They are proposing five lots. Conservation is still skeptical and has issues with the storm water management. The engineer said he would address the concerns and submit plans within the next few weeks.
c. Board of Appeals – Richard reviewed the agenda for February.
d. Other Business – Richard reviewed two new zoning reforms, LUPA and CPA II with the Board. CPA II is drafted by planners and addresses the issue of ANR’s. LUPA was drafted by Greg Bialecki and the zoning task force. These changes would have detrimental impacts to West Springfield and surrounding communities. The legislation restricts what is reviewed under subdivision control and Site Plan Review, and towns would have to produce a minimum number of housing units per year (120 for West Springfield). West Springfield does not produce 20 per year. PVPC will be hosting a
meeting regarding LUPA on February 19th, where Greg Bialecki will be giving a presentation.
Richard explained the mid-cycle budget cuts for this fiscal year and the proposed cuts for fiscal year 2010. Richard said the Board could handle a cut of five percent with no effect to the Board, but it would cut expenses to zero, with no Board mailings or workshops. A cut above five percent would reduce staffing support to the Board.
Richard said there has been no decision on the Planning Director’s position. Currently there is a hiring and spending freeze in place.
6. Date of Next Meeting
The next regularly scheduled meeting of the Board will be held on Wednesday, February 18, 2009.
7. Adjournment
Will moved to adjourn the meeting at 8:16 p.m.; Katie second. UAV.
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Katie Harrington, Secretary
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