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No action taken at enforcement hearing

By Natasha Clark

Assistant Managing Editor





EAST LONGMEADOW An enforcement hearing called by the Planning Board for Spoleto Restaurant ended with no action on Sept. 11.

The restaurant had been deemed in violation of their special permit when a compliance inspection revealed that an unauthorized basement kitchen was in use and the facility seated 295 instead of the 140 seating capacity.

"A compliance check was conducted late yesterday morning by the building inspector who is also the zoning enforcement officer and he found the restaurant to be in full compliance of their special permit," Planning Board Chair Marilyn Richards stated. "They had reduced their seating to the required amount of 140. They ceased operation of a full kitchen in the basement which was a violation of their special permit."

Richards said the goal of the board was to bring Spoleto Restaurant into conformity with their special permit and based on the fact that they are now in full compliance with their permit, there was no need for an enforcement action.

Claudio Guerra, owner of Fun Dining Inc. which operates Spoleto, told Reminder Publications that "first and most importantly it's important to me that the citizens of East Longmeadow don't think at any point the restaurant was unsafe. At all times, with the extra seats, we met all building, health and fire codes ... I haven't put anybody in jeopardy. The big issue here is the Planning Board's restriction on the number of seats I have."

Guerra has been in the restaurant business over 20 years and owns five other Northampton-based restaurants. He said at the present time the East Longmeadow Center Village, where Spoleto is located, is 95 percent occupied and when Spoleto is at its busiest there are never less then hundreds of parking spots empty.

"I've gone out with my management and employees and friends and family and we've counted dozens of times and most times [there are] at least 200 open. We filed this morning for an amendment to the special permit to increase our allocation," Guerra stated.

The amount of parking determines the number of seats Spoletos has and Guerra said currently the restaurant seats an average of three people per car, which is just about 47 parking spaces.

"We're just asking to have a reality check and say we want Spoleto to be a vibrant part of our community and we want them to be able to stay in business. Give them some more parking. The Planning Board has in the past shown flexibility and has been able to think outside the box and has come up with creative solutions," Guerra explained. "I feel bad, the position I'm putting everyone in. This has been taxing for everyone involved ... I apologize for what I've put everybody through and hopefully we can get past this."

Richards explained that the filing of the application requires notification of abutters and publication of a public hearing. At which time the board will entertain their requests and cross reference what they are asking with the town's bylaws.

"The board was clear last night that based on our history we look forward to working with them. However, there's a trust that has been somewhat tainted and we are going to be doing compliance checks periodically to make sure that they honor our agreement," Richards said.