BOARD OF APPEALS MINUTES
Special Meeting Monday, December 12, 2011
7:00 p.m.
Present: Secretary Chester Zymroz, and Alternates James Bodurtha and Alex Villar
Absent: Vice Chairman Christine Kumiega-Provost
The Secretary called the meeting to order at 7:00 p.m.
Mr. Zymroz moved to accept the minutes of October 24, 2011; Mr. Bodurtha second. UAV.
Mr. Zymroz said the minutes of September 26, 2011 will be taken up later in the meeting.
7:00 p.m. (7:02 p.m.) – Lattitude Realty LLC (Special Permit) – Special Permit from Section 4.3 of the Zoning Ordinance which allows for the alteration of a non-conforming use and for the alteration of a non-conforming structure at the property located at 1330-1344 Memorial Avenue in the Business A (BA) zoning district.
Attorney Ben Coyle of Bacon Wilson, 33 State Street, came forward with the applicant, Jeffrey Daigneault.
Mr. Bodurtha announced that he filed a Disclosure of Appearance of Conflict of Interest with the Mayor’s Office because the applicant’s attorney’s law firm is an authorized agent of his employer. There is no personal economic benefit to him in hearing this matter, and their business relationship will not affect his decision in this matter.
Attorney Coyle said two Special Permits are before the Board. One Special Permit is for the extension of a pre-existing, non-conforming use and the other for the extension of the pre-existing non-conforming structure. The applicant was before the Board on June 27, 2011 and two Special Permits were granted for a similar building footprint and use, but now the plans have changed and Mr. Daigneault would like to utilized additional banquet space. Attorney Coyle requested that he be able to address both Special Permits at the same time.
Attorney Coyle said the current square footage is 8,180 square feet and at the June 27th meeting they were granted an additional 2,997 square feet. Tonight they are requesting an additional 796 square feet for a total of 11,973 square feet, for the expansion of the rear portion. The plan has changed and an inspection revealed some of the walls are not straight and will need to be fixed. They are going to change the location of the entrance that allows for better flow in and out of the restaurant. The new placement of the rest rooms will better serve the public.
Attorney Coyle said seating will be increased substantially from 206 to 358 seats. In the June Special Permit, 32 seats were allowed outside. Parking is an issue at this location. The proposed plans are for the demolition of the house at 18-23 Exposition Terrace, and the continuance of the current lease for additional parking, which provides 33 parking spaces.
Mr. Zymroz interrupted the hearing when Ms. Kumiega arrived at the meeting at 7:10 p.m. to vote on the minutes of September 26, 2011.
Mr. Zymroz moved to approve the minutes of September 26, 2011, as presented; Ms. Kumiega second. 2 in favor; Mr. Bodurtha and Mr. Villar abstained.
Ms. Kumiega left the meeting at 7:11 p.m.
Attorney Coyle said the demolition of the property at 18-23 Exposition Terrace would provide 11 parking spaces. There are 92 parking spaces available at all locations and 156 spaces are required. Attorney Coyle said the West Springfield Zoning Ordinance has a provision for sharing of parking between businesses. There is additional parking that can be utilized at 1272 Memorial, which is the new location of Memo’s Restaurant. There are 28 spaces available and their business hours are the opposite of the Lattitude Restaurant; to balance off space utilization. These spaces would only be used as banquet parking and there would be valet parking contracted for that site. Attorney Coyle said they have been in contact with the Big E regarding utilizing 44 spaces
directly across the street. The main concern with using those spaces is the pedestrians crossing Memorial Avenue. These spots would be used contingent that they only be used with valet parking.
Mr. Bodurtha asked where the valet was on Memorial and Attorney Coyle said they are located around back where there is a drop off.
Mr. Zymroz asked the hours of operation for the banquet facility and how would this affect other parts of the operation. Attorney Coyle said it would be on an as-needed basis, but mostly on Friday, Saturday and Sunday. Banquets are more of a weekend operation.
Mr. Villar said there may be some overlap of parking in the Memo’s Parking lot if there is a day function in the banquet hall.
Mr. Zymroz noted the 44 spaces at the Big E cannot be used when the Big E is in progress. Attorney Coyle said it is not likely there would be many banquets during the Big E time. The business owners in the area have a good relationship because Lattitude is a good neighbor.
Mr. Zymroz asked when the lease on Exposition Terrace lot would expire. Attorney Coyle said the lease expires in 2013 and this lease is a condition of all licenses for the restaurant.
Mr. Bodurtha noted his concern that sometimes at a banquet there are people that will not let you valet park their car. Attorney Coyle said the Big E parking is utilized now so it is difficult to police. That may be an issue, but the valet service would use that lot first.
Mr. Bodurtha asked how people will know the Memo’s parking lot is available for use. Attorney Coyle said there will be signage and parking attendants. Mr. Bodurtha said some of the parking will be regular business, not just banquet. Attorney Coyle said they have enough on-site parking, not including the banquet facility. Mr. Bodurtha asked if they would be restricting the other lots to just banquet parking or use full time. Attorney Coyle said they would like to keep their options open; they have valet service now.
Mr. Zymroz noted the property line goes right through 10 spaces in the rear parking area. Mr. Werbiskis said Exposition Avenue is a private way. Most businesses utilize the street as their parking because it is not controlled by the town. Mr. Zymroz said part of the building is located into the private way. Attorney Coyle said yes, it is like that now, but they are not changing that area. Mr. Werbiskis said there were no concerns from municipal departments, but the Health Department will need more detailed plans. Mayor Gibson was in agreement with the proposed plans. Mr. Werbiskis said the Town would require the use of the Big E parking as valet parking only to avoid pedestrians crossing Memorial Avenue.
Mr. Zymroz asked if any of the spaces were handicap in the 30 spaces and Attorney Coyle said they meet ADA compliance and they are determining where the best location will be. Mr. Katz thought the best use would be in the new lot at 18-12 Exposition Terrace. They will continue to work with Mr. Katz to examine this further. There are four handicap spaces and one van accessible for a total of five on site to be determined where the best layout would be.
Mr. Zymroz asked how many of the 11 spaces in the new lot would be diminished by the handicap parking. Mr. Werbiskis said three to four spaces for the handicap parking. There are 161 total parking spaces available including on site, Exposition Terrace, Memos and Big E.
Mr. Bodurtha noted as part of the June decision it was conditional that all properties be on one deed. Attorney Coyle said they are in the process of acquiring the property at this time, so this will be done.
Mr. Zymroz asked for comments from the Board and the audience.
Mr. Katsoulis of Spartan Muffler on Memorial Avenue came forward and said he is familiar with the limitations that Board’s put on these properties and he encouraged the Board to support their local business people and improve the properties on Memorial Avenue.
Mr. Katz came forward and asked if the Big E lot and Memo’s parking already have existing handicap parking or do the 92 spaces determine the handicap requirements. Mr. Werbiskis agreed with the five handicap spaces being adequate because valet parking may be utilized also. We do not want to over dedicate the handicap parking onsite. Mr. Katz said some handicap individuals will not let others operate their vehicles and this is something to take into consideration. In the future, if there is a need for additional handicap parking, then discussions can begin about putting some more in. Mr. Zymroz said he was unsure if the Board could do that in the future unless there is a stipulation in the conditions. Mr. Werbiskis said he is comfortable with the five
spaces and it is compliant with ADA and the Zoning Ordinance.
Mr. Katz asked if the main entrance will be relocated to the rear of the building and Attorney Coyle said both entrances will be used.
Mr. Zymroz moved to close the public hearing; Mr. Bodurtha second. UAV.
Mr. Bodurtha said that he had no problem with the structural change and Mr. Zymroz agreed. Mr. Bodurtha said he was not thrilled with people walking from the new Memo’s parking lot, but that would be only if they did not choose to utilize the valet parking. The Big E may restrict their parking use during the Big E times and Mr. Villar said parking situation during the Big E may discourage people from having a banquet at that time of year.
Mr. Bodurtha said they could require an attendant be at the Memo’s lot to direct people as well as some signage. Mr. Zymroz said he was concerned with the times where the Memo’s parking is being utilized. The Board discussed having an attendant at the Memo’s lot while a banquet was going on. Mr. Bodurtha said it would be contingent on the requirements of the easement agreement.
Mr. Zymroz said he was concerned with the current parking lot lease that expires in 2013; eight months of construction and this lease is ongoing, but what if the lease is not renewed. Mr. Werbiskis said it is conditionally associated with the use; terms of the leases automatically rescind their Special Permit unless they alter their parking or provided other arrangements approved by the Board.
Mr. Bodurtha said this is a good project and Mr. Villar agreed.
Mr. Zymroz moved to grant the Special Permit to allow the amendment to the pre-existing, non-conforming structure with the findings as in the original decision of the Board dated June 28, 2011; Discussion: Mr. Bodurtha asked if the approval for the structure is subject to the leases for parking and Mr. Werbiskis said no, the leases are just for the use of the property; Mr. Bodurtha second. UAV.
Mr. Zymroz moved to approve the Special Permit for use of the structure conditional with the two leases (one lease and 2 easements to be submitted for review). Should the termination of these leases occur it will result in the termination of the Special Permit for this property. All parcels will be combined into one deed. Handicap parking will be in compliance with ADA requirements with plans being modified and submitted to the Board indicating the handicap parking. Use of the Big E parking area will be by valet parking only and there will be an attendant at Memos during a banquet function. Discussion: The Board discussed the need for an attendant at the Memos lot every night. Mr. Zymroz said he did not see a difference between the banquet valet and
restaurant valet. Mr. Zymroz said there are 44 spaces for the banquets at Memos or for restaurant use. Mr. Bodurtha asked Attorney Coyle if a valet will be at the Big E parking area all the time. Attorney Coyle said if there is no banquet, then the restaurant has adequate parking available. They are covered with the former Memo’s lot and the two areas on Exposition Terrace. They only need the other two lots if a banquet function is occurring. Mr. Bodurtha said he was amenable to require a valet at each site during a banquet function. Mr. Zymroz moved that the Board is requiring four handicap with one van accessible and all the findings associated with the June 28th Special Permit decision of the Board. The Board finds with the two additional parking areas that are proposed, the use will provide adequate off-street parking and the proposed addition will enhance the character of the neighborhood; Mr. Villar second.
UAV.
Mr. Werbiskis said Ms. Kumiega was going to be resigning from the Board in the near future, but Mayor Neffinger may ask her to stay on a little longer.
The next regular meeting of the Board will be held on January 23, 2012, at 7:00 p.m.
Mr. Zymroz moved to adjourn the meeting at 8:15 p.m.; Mr. Bodurtha second. The vote was unanimous.
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Chester Zymroz
Secretary, Board of Appeals
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