Operator of home-based trade may not need special permit

Date: 2/9/2009

By Courtney Llewellyn

Reminder Assistant Editor



EAST LONGMEADOW Owners of home-based trades had until Dec. 31 of last year to apply for a special permit that would allow them to continue to operate their businesses out of their homes. It is believed, however, that many of these tradespeople did not make the deadline, according to Robyn MacDonald, Director of Planning, Zoning and Conservation.

Robert Martin, owner of Martin Roofing on Lee Street, a member of the East Longmeadow Small Business Association (ELSBA) who did not make the deadline, came before the Planning Board last Tuesday to see what could be done.

The Planning Board asked him about his business. Martin said he keeps only one truck at his house and his employees take the others registered in his name back to their homes. Martin stores nothing more than minimal materials at his home and all his equipment remains on his trucks.

A satellite image of Martin's yard showed a large garage behind his house but the auto enthusiast said the building was for his car collection.

"You could apply for a waiver of site plan," Planning Board member Peter Punderson told Martin. "You don't need a special permit if you only have one truck and no employees come to your house."

Martin explained that sometimes his employees meet at his home before heading out to a job, but that none leave vehicles there. Punderson said that is not allowed under the home-based trade bylaw and that in the future, Martin and his employees would have to meet up elsewhere.

Beyond that requirement, though, Martin is in compliance with the bylaw and does not need a special permit.

If he cannot comply, he will have to move his business off-residence.

"As long as [home-based trade businesses] have only one vehicle, one trailer and no employees coming to the property, they can apply for waivers of site plans," MacDonald told Reminder Publications.

She added that she believes the reason the Planning Board did not get a lot of response with special permit applications was the amount of money needed for the permit, which was potentially up to $1,000 to cover all the requirements.

"Everything fell at the wrong time," MacDonald said, referring to the state of the economy.

She added that the Planning Board requested funding in the fiscal year 2010 budget for a part-time zoning enforcer to monitor the home-based trades in town. If the position is approved, the enforcer would cite small businesses if they are found to be operating illegally.