Town of West Springfield, MA - Zoning Board Minutes 3/23/09

7:00 p.m. (7:01 p.m.) – Mark Soticheck (Special Permit) – Special permit from Section 4.21 of the Zoning Ordinance to allow for the change of one non-conforming use to another non-conforming use at the property located at 136 Bliss Street in the Industrial (I) zoning district. Continued from 2/23/09.

Mr. Nekitopoulos said DPW has deferred the decision to the Board, but there may be an agreement with all parties involved by installing 12 feet of curb on Progress Avenue and 8 feet along the front of Bliss Street.

Ms. Beauvais said after viewing the site, she was in agreement about the tractor- trailers being able to maneuver on the site, but due to the fact that this is a corner lot, it should be given more consideration because that area makes it unique. Ms. Beauvais asked if there was any discussion about plantings on the tree belt? Mr. Nekitopoulos said they did not discuss planting specifics. Ms. Beauvais said then the owner would have to work with the DPW because the tree belt is under their jurisdiction regarding materials used for grass, plantings and curbing.

Ms. Beauvais said the request is for a change of one non-conforming use to another for retail auto repair and sales for motorcycles.

Mr. Werbiskis asked for clarification if the motorcycles would be new or used and Mr. Soticheck said it would be both new and used. Mr. Werbiskis suggested to the Board not to put a restriction for new or used in the decision.

Ms. Beauvais asked Mr. Soticheck what percentage of the building would be used for parts and what percentage for repair and sales? Mr. Soticheck said he had not broken that down.

Mr. Neffinger asked if DPW was happy with the curbing plan? Mr. Nekitopoulos said personally, he would like to leave it as it is now, but he is willing to compromise to get things going in order to rent the building.

Mr. Neffinger said he is concerned the town is requesting things be done in these older neighborhoods and we do not know if we are making the situation better or making it worse. The intent seems right, but there are no other curbs in this area. It should be a systematic process for improving that whole area.

Mr. Werbiskis said the DPW has not approved this plan and since the original hearing on this matter. The Town Council has modified the zoning ordinance regarding curb cuts and access driveways. It is up to the Board to determine what is appropriate.

Mr. Nekitopoulos noted the abutter across the street did install curb cuts and a buffer area, but in the back of the building the trucks do go over the curb to get in.

Ms. Kumiega noted there are no other curb cuts in this area and it does not make sense to put a curb cut in here, maybe painting off the corner would be a better option? Ms. Beauvais said the curbing would define the property and the streets. It would keep the property intact while meeting the guidelines and providing plenty of room to meet their needs. The Board would have to determine where the 12 foot and 8 foot berms should be placed on this lot so the trucks could leave with no problem and it would clean up the site a little bit. This type of requirement may not be applicable for every parcel.

Mr. Neffinger said he agreed with Ms. Kumiega. The other lots look bizarre and this should be done in a systematic way. It does raise some questions, where will sidewalks be installed and what about the cases where the buildings have been built right on the property line? The use is very similar to the past uses. The town is putting a burden on the property owner while there is no new construction on the site.

Ms. Beauvais agreed, but we have pre-existing non-conforming lots in all areas of town and that is why we are seeing a variety of differences in lots. This lot existed at its present location for so long and never came before the Board before, and as uses change then the lot should come into conformity with the bylaws. To have no curbing would not be correct. A compromise to have a little would be better than to have none at all.

Ms. Kumiega said the information from the Town departments and boards support the DPW in their recommendations for this site, but she did not feel it made sense. Ms. Kumiega said she was willing to approve without requiring the improvements. She said it did not make sense putting a burden on the property owner. Mr. Neffinger agreed and felt the curbs were not necessary there.

Mr. Neffinger moved to approve the Special Permit for 136 Bliss Street without the berms having to be installed on the corners and as in the draft decision; Ms. Kumiega second. UAV.

Mr. Werbiskis said the applicant for 701 Westfield Street is seeking an amendment for a change in the condition the Board required for parking and cross access easements. An easement cannot be granted to yourself, so Richard explained the revised language was drafted to state there is access and parking between all three properties there and this would run with the properties.

Ms. Beauvais moved to amend the Special Permit for 701 Westfield Street with the revised language as drafted; Ms. Kumiega second. UAV.

The next regular meeting of the Board will be held on Monday, April 27, 2009, at 7:00 p.m. Mr. Werbiskis noted there were no hearings on the agenda at this time.