Cup Cake Café green lit by Planning Board

Date: 10/1/2012

By Chris Maza

chrism@thereminder.com

EAST LONGMEADOW — The Planning Board approved the special permit for Cup Cake Café, located at 60 Shaker Road, provided that progress was made in regards to back taxes owed by the owner of the building.

Planning Director Robyn Macdonald explained to Reminder Publications that the owner of the property, Steven Graziano, "has owed taxes for years" and because of that, Catherine Russo, who was attempting to open the bakery and coffee shop, was in danger of having her permit application denied.

"The town adopted a practice some time ago that states that if anyone owes back taxes, including water, sewer and excise taxes, then the town will not grant them a permit unless a payment plan is set up or the back taxes are paid in full," she said.

Town Clerk/Collector/Treasurer Thomas Florence wrote a letter to the board, which was read into the record by Ralph Page at the Sept. 25 public hearing regarding Russo's application, which stated that Graziano made a payment earlier that day and another was expected on Sept. 28.

Florence was not available for comment on the issue as of press time.

Graziano, who was in attendance at the meeting, stated that he would make that payment.

With this in mind, the board approved the special permit, provided the payment due on Sept. 28 was made on time and in full.

Planning Board director George Kingston reminded Russo that there is a 20-day appeals period for the special permit, but he didn't foresee any problems, given that there was no opposition at the public hearing.

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Following an appointment with Leo Daniele, owner of La Fiorentina, at the Sept. 25 meeting, Macdonald sent him a letter stating that he must submit a drainage plan and new site plan and they must be approved before he can continue any work currently being done on the parking lot of the building slated to be the bakery's new location on Shaker Road.

Macdonald explained that a week prior, Daniele had been served a cease and desist letter from Building Inspector Daniel Hellyer after construction crews began excavating the drainage system underneath the parking lot.

"They are digging up the drainage and they can't do that," Macdonald said. "They have to have drainage calculations approved by the [Department of Public Works] and a new site plan approved by the Planning Board."

Daniele told Reminder Publications that while he may make a public comment at some point, he declined to do so without first consulting his attorney.

This is the latest issue between the board and Daniele after he nearly lost his special permit in August because construction at the location did not match the approved site plan.

In that instance, the board reviewed and approved a new site plan provided by Daniele on Aug. 28, allowing him to keep his permit.