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Voters approve retail size cap

By Sarah M. Corigliano

Assistant Managing Editor



EAST LONGMEADOW At last Monday's Annual Town Meeting, voters met the two-thirds majority required to pass Article 23, which will limit new retail development in town to 65,000 square feet, exclusive of parking.

Residents who were opposed to the potential Lowe's project and developers Edens & Avant may see the outcome of the meeting quite differently, though.

Last week, Paul Benjamin, a public relations consultant hired by Edens & Avant, said the new bylaw was hastily put together, is not clear in its interpretation, and may ultimately be a disservice to the town, its infrastructure, and its business community.

East Longmeadow Selectman James Driscoll, sponsor of Article 23, felt differently.

Driscoll said he did not have any concerns that Attorney General Thomas Reilly would not approve the new town zoning bylaw. The attorney general has 90 days to review the law and make a decision as to its legality. He also said a lot of work went into crafting the language in the article.

"We used verbage from cases throughout the country that have held up in courts in appeals," Driscoll said. "And this has no bearing on anything other than retail. We are a very pro-business community here and work closely with business owners by keeping the same tax rate [for businesses and residences] ... that's why properties like our industrial park are almost completely filled with world headquarters and great high-paying jobs."

Planning Board members Donald Anderson and Marilyn Richards confirmed last week that the Planning Office had received ANR (approval not required) and subdivision plans from Edens & Avant the previous Tuesday.

However, as the Planning Board had not met since the plans were submitted, they said neither had the chance to review them. Richards said Planning, Zoning and Conservation Director Robyn Macdonald notified her that the plans had been received and that they did not specify any site plans, structures or uses in the plans that were filed. She said she was told they cover changing lot lines and subdividing the land. Macdonald was on vacation last week and could not be reached for further details regarding the plans.

Richards also said the plans and any subsequent plans would be subject to the new zoning bylaw under Massachusetts General Laws, Chapter 40A, Section 6.

"Chapter 40A, Section 6 addresses building permits or special permits that are issued prior to a proposed zoning bylaw change," Richards explained. "If the permit is issued before the first day of the publication for the public hearing to discuss the bylaw change, then that particular building permit is exempt from bylaw change; however, if the building permit is requested after the first day of the first publication of the proposed bylaw change, then should the bylaw become effective, then the date of effectiveness reverts back to first day of first publication."

She further explained the content of Section 6, "A zoning ordinance or bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of the notice of the public hearing on such ordinance or by-law required by Section 5, but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing."

She added, "The purpose of that is, once you publicize something, it prevents people from trying to run in and get plans in under the wire."

The first published notice of the public hearing regarding Article 23 appeared in The Reminder on March 27.

"Assuming the attorney general approves the article as submitted, then we have a [65,000 square feet] retail cap in East Longmeadow," she added.

Richards noted that the ANR and subdivision plans filed by Edens & Avant will be reviewed by the Planning Board at their May 16 meeting, which begins at 6 p.m.

When asked last Thursday what would happen to the Lowe's project, Benjamin said it was unclear.

"They're evaluating what will happen, they're looking at various options," Benjamin said. "More than anything, the company is concerned that the Town Meeting adopted the bylaw, as it is our belief that it was poorly crafted and subject to interpretation."

Benjamin said the bylaw will not prevent continued traffic or sprawl.

"And it will eventually have a negative effect on property values," he said. "They passed the bylaw because they want to slow growth and they have the perception that large retail is the sole source of growth ... in a sense they're not dealing with the impacts on traffic and the environment that smaller developments will and can create even under the bylaw."

He said traffic issues in the Heritage Park Plaza area of North Main Street would have been mitigated by the company, as is required for larger developments, but not for smaller businesses.

When asked if the developer would consider building a smaller Lowe's to meet the requirements of the new zoning bylaw, Benjamin said he couldn't speak for the home improvement company, but that it seemed unrealistic to carry the inventory they have in a smaller building.

He also warned that existing businesses may not be completely grandfathered in under the new bylaw.

"In a sense, the grandfathering is true, but it does not protect [businesses] completely," he said. "They are grandfathered only to what they are doing legally in their site plan. If you are an existing business and you have a 30,000 square foot building and you store 40,000 square feet of product outside ... if the outside storage is not on the site plan, you are not grandfathered by this."



Other Town Meeting results




Article 3: passed. This article, the town budget, asked voters to hear and act on the report of the Appropriations Committee "together with the budget reported by them, and to raise and appropriate such sums of money as may be required to carry on the business of several department of the town ..."

Article 4: passed. This article authorized payment of departmental bills.

Article 5: passed unanimously. This article asked voters if they would appropriate $3,079,761 for various capital projects, and from where the money would be appropriated.

Article 23 (a two-thirds majority voted to move the article to be placed as the next article): passed 999 yes to 38 no.

Article 6: passed majority. This article asked voters if they would raise or appropriate a sum of money, $150,000, to the Stabilization Fund.

Article 7: passed majority. This article asked voters if the would raise or appropriate a sum of money to fund the third year of a multi-year revaluation contract executed by the Board of Assessors.

Article 8: passed unanimously. This article asked voters if they would "raise or appropriate a sum of money by borrowing or otherwise for highway construction or maintenance purposes which is to be reimbursed by the Commonwealth of Massachusetts."

Article 9: passed unanimously. This article asked voters if they would transfer money from the water and sewer undesignated fund to the general fund long term debt and interest accounts to fund water and sewer long term debt and interest.

Article 10: passed unanimously. This article asked voters if they would raise or appropriate $150,000 for landfill issues petitioned by the Board of Health.

Article 11: passed majority. A two-thirds majority was needed to place this article as a ballot question for voters (within 45 days of Town Meeting). The ballot question will ask voters if they will raise, or appropriate by borrowing, $2,872,025 "for the construction of 12 new elementary school classrooms ... which is to come from a debt exclusion ballot vote of the town."

Article 12: withdrawn.This article sought voters approval to purchase or otherwise acquire property for the expansion of the Senior Center.

Article 13: withdrawn. This article sought voters approval to appropriate $12,000 for the 2006 Fourth of July Parade.

Article 14: passed unanimously. This article asked voters to authorize the Board of Selectmen to re-establish a Local Cable Access Revolving Fund, separate from the general fund, for FY07, for the purpose of receiving and expending monies from public and private sources to fund the cable access program activities ... with such funds not to exceed $35,000.

Article 15: passed unanimously. This article asked voters if they would authorize the Board of Selectmen/Board of Health to re-establish a Solid Waste Disposal Revolving Fund, separate from the general fund, for FY07, not to exceed $75,000, for the purpose of receiving and expending monies from public and private sources in order to fund the solid waste disposal program.

Article 16: passed unanimously. This article asked voters to authorize the Board of Selectmen to re-establish a "Center School Park revolving fund" for FY07, separate from the general fund, for the purpose of receiving and expending monies from public and private sources in order to fund the Center Hill Park development, not to exceed $20,000.

Article 17: withdrawn. This article asked voters if they would authorize the Board of Selectmen to establish an East Longmeadow Public Library revolving fund.

Article 18: passed majority. This article had 14 sections, including many which govern Town Meeting rules, including a change which says no Town Meeting attendee may speak without first being recognized by the moderator; and that the moderator will have the power to declare that the requirements of a two-thirds vote have been satisfied without the necessity of a teller count if the moderator reasonably believes such to be the result of a voice or standing vote.

Article 19: passed majority. This article asked voters to amend Chapter 9 of the town bylaws regulating animal control, including increasing the town's fees to owners retrieving a dog from the pound.

Article 20: passed majority. This article was in regards to prolonged confinement of dogs outside. The amendment makes it illegal to chain or tether a dog to a stationary object for more than six total hours in a 24 hour period. It also outlines requirements for permissable outside confinement, such as fenced dog pens and yards. It outlines the requirements for trolley or tether systems and sets requirements for access to water and shelter. The changes also cover hazardous weather conditions, consequences of violations, and more.

Article 21: passed unanimously. This article sought to amend section 3 of the municipal charges lien bylaw which was adopted at last year's Town Meeting, adding "4. Fees for licenses and permits and penalties for violations of the rules and regulations of the Board of Health including interest and costs to record said liens in the Hampden County Registry of Deeds."

Article 22: motion failed, 130 yes/126 no. This article sought to place restrictions or prohibitions on activities at specific locations in town, as well as a prohibition on obstruction of passage.

Article 24: passed 2/3 majority. This article asked voters if they would amend the zoning bylaw governing signs. The amendment prohibits flashing or blinking lights, Light Emitting Diode (LED) displays, and more.

Article 25: passed unanimously. This article asked voters to amend the town's zoning map to include updated information.

Articles 26 - 30 were withdrawn. These articles sought to establish streets or drives as public ways.