Body art establishment bylaw moves to Town Meeting
Date: 8/20/2012
By Chris Maza
chrism@thereminder.comEAST LONGMEADOW — Despite some varying opinions on the matter, the Planning Board's initial plan to recommend a warrant article outlining new zoning bylaws for body art establishments will move forward.
At the board's Aug. 14 meeting, chair George Kingston entertained a motion to reconsider the board's initial decision to put the bylaw change before the town at the Oct. 1 Special Town Meeting after members expressed concerns with the proposed bylaw.
Board member Michael Carabetta said that he has received a negative reaction from members of the community with whom he has spoken and he could not support the bylaw.
"I've been getting a lot of phone calls and people are not happy about this," he said. "As far as us getting taken to court, that would take time and money and by the time that happens, we could by then make a bylaw. I don't think there is a need to address this right now."
Board member Alessandro Meccia also stated that he did not support the bylaw as it is currently written because he felt it is too restrictive. In its present form, the proposed bylaw would stipulate that no body art establishment could exist within 500 feet of a church or a public school.
"I am still stuck on that issue of the 500 feet. I don't think it's ethically right or morally right," he said. "I know people that go to church that have tattoos. Are you going to tell them they can't go to church because they have a tattoo? It's still bothering me and it probably still will."
Kingston said he supported submitting the bylaw change as a warrant article and letting the town decide its fate.
"My own feeling is still that it is the job of the Planning Board to bring this to the town so as to avoid the possibility of the town ending up in court on a First Amendment issue and let the Town Meeting decide whether or not they want to have this," he said. "I think it is our job to point out that this is something that if we don't put in a section of the bylaw that controls where such establishments can be established and how they would be established, then we would be leaving the town open to having no zoning regulations and if someone should prevail in court that this is a First Amendment issue, we would not have any control over the way it would go. If the town decides it's worth taking that risk, then that is Town Meeting's decision. The Planning Board has the obligation to bring this forward."
Board member Ralph Page concurred with Kingston in his belief that the Town Meeting should be allowed to decide.
"I think we should bring it forward. I think we should let the townspeople have their say," he said. "I think it's the job of the Planning Board to look at what's happening and look at what's coming down and inform the town and then it's up to the town to make up their mind at Town Meeting."
Upon taking a vote on whether or not to reconsider the bylaw, Carabetta and Meccia issued affirmative votes while Kingston and Page voted to continue to push it forward. Because Michael Przybylowicz, who voted against the bylaw when it was first approved, was not present at the meeting, the vote was a tie and therefore, the motion failed and Planning Director Robyn Macdonald forwarded the proposed bylaw to Town Administrator Nick Breault in order to have it put on the warrant by the Board of Selectmen.
However, Macdonald cautioned that there still could be time for the Planning Board to pull back the article at its next meeting.
