Use this search box to find articles that have run in our newspapers over the last several years.

Subdivision approval is subject to conditions

By Natasha Clark

Reminder Assistant Editor



LONGMEADOW The Longmeadow Planning Board rescinded its May 26, 2005 decision denying approval of the Site and Design Plan for the definitive subdivision at 154 Williams Street, and approved the Site and Design Plan subject to a number of conditions. The Board also approved Omni Point Holdings, Inc.'s Site and Design Review for a proposed cell tower at 260 Meadow Road.

At the Aug. 22 meeting, Planning Board Chair Walter Gunn said there are still concerns that the Board would like to see resolved with Omni Point's application. He said that he wanted to be sure that all options for the position of the tower on the property had been explored.

Board member Bruce Colton said that if the board does not feel the petitioner has made their position then the proper procedure would be to vote against it, adding that the burden of proof is on the petitioner.

They discussed adding a condition of approval, however, Colton said he does not like conditional approval, particularly when it is for third parties, in this case the Zoning Board of Appeals.

The Review was approved 4-0. Richard Curran abstained.

Abutters of both the Williams Street property and Meadow Road turned out to the Tuesday night meeting.

A resident concerned about the proposed subdivision for Williams Street spoke out at the meeting.

"Why don't you take a stand?" a resident asked. "You're setting a precedent."

"We're a policy board, not an appeals board," Gunn answered.

Colton said, that based on case law, the Board's previous decision would not have held up in court.

Stephen Danalis, property owner of 154 Williams Street, sued the town last year after the Board rejected the subdivision proposal under the town's Site and Design Review By-law.

Colton said the court relinquished the case and sent it back to the Planning Board to handle.

The Site and Design Plan motion was approved, 5-0, and subject to the following conditions:

The property owner shall place and maintain screening to the East of Sherry Lane as set forth on the Landscape Plan, prepared by Baystate Environmental Consultants Inc., submitted to the Planning Board on August 7, 2006, as follows:

A. Such screening shall begin 30 feet from the intersection of Sherry Lane and Williams Street to ensure vision clearance after full growth and shall run the entire distance of Sherry Lane;

B. Such screening shall consist of alternating and partially overlapping rows of no more than 15 consecutive plants of arbor vitae and other species, which shall, where possible, have such rows of plants staggered 2-3 feet further from Sherry Lane (e.g., 15 arbor vitae seven feet from Sherry Lane then 15 other species ten feet from Sherry Lane);

C. Such screening shall, as installed, consist of mature plants of at least 5 feet in height;

D. Such screening shall be placed no closer than seven feet from the shoulder of Sherry Lane;

E. Arbor vitae shall be maintained to remain at a height equal to or below its distance to Sherry Lane (i.e., if the trunk of the arbor vitae is 8 feet from Sherry Lane, then it must be trimmed to a maximum height of 8 feet);

F. Wherever there is sufficient land between the screening and the property line along such screening, flowering plants including dogwoods, azalea bushes or rhododendrons shall be randomly placed between the screening and the rear yards of the Falmouth Road properties which shall be no further than 25 feet apart; and

G. All screening shall be consistent with the Zoning By-Laws for the Town of Longmeadow, shall not interfere with wetlands, and shall be placed so as to minimize any impact on engineering for wastewater management and drainage as already required by the Planning Board.

H. Natural screening shall continue on the East of Sherry Lane along the entire border of the subdivision and the rear yards of all Falmouth Road abutters until Lot 9 in order to provide screening along both Sherry Lane and Lot 4 of the subdivision; and

I. The owners of the lots shall be responsible for perpetually maintaining the above-described screening. The property owner shall be required to establish a homeowners' association, to be composed of all of the owners of lots in the subdivision, and said owners shall make annual contributions to the association to assure on-going compliance with this decision. Prior to conveyance of any of the lots, the developer shall establish and record a restrictive covenant, in a form approved by the Planning Board, to the effect that the homeowners' association shall be responsible for on-going compliance with this decision.

J. The Proposed stockade fence shown on the plan of 8/7/2006 shall be eliminated.

The Longmeadow Zoning Board of Appeals will host a public hearing Sept. 6 at 7:30 p.m. at the Police Department Community Room, 34 Williams St.