West Side Planning Board rejects home occupation amendment

Date: 10/12/2011

Oct. 12, 2011

By Debbie Gardner

Assistant Editor

WEST SPRINGFIELD —The West Springfield Planning Board voted 5-0 on Oct. 5 to give an unfavorable recommendation to a zoning ordinance amendment regarding home occupations.

The proposed amendment to Section 10.0 of the West Springfield Zoning Ordinances would have allowed for a new use category of home occupations —such as plumbers. electricians, carpenters and landscapers —in residential zoning districts by special permit process. Resident and landscaper Joseph DuMont of Amostown Road brought the amendment before the board.

DuMont said the purpose of the amendment, which was drafted using a similar zoning change instituted recently in East Longmeadow, was to “revise the bylaw to better fit the needs of the town” and its current residents. Under the proposal he said tradesmen, such as himself, would have to be permitted by the town to bring their work vehicles over three-quarters of a ton, and multiple vehicles and/or trailers to their residences.

As in the East Longmeadow ordinance, the size of a residential lot would determine the number of vehicles/trailers a tradesman could park on his property. All work-related vehicles would need to be properly shielded from neighbor’s views.

The current ordinance allows tradesmen to park a single three-quarter ton truck in a garage in a residential neighborhood.

He said the advantage of this change to the town would be an increase in revenue and taxes through the permitting process.

“The town surely knows we’re here, they just don’t acknowledge us,” DuMont said. He added that as the town allowed doctors, lawyers and architects —all who see clients in their homes —to operate their businesses in residential zones, the current ordinance seemed unfair.

Aldo Bertera, vice chair of the Planning Board, said though he could see a tradesman bring a single truck home if he were on call for his business, he would not be in favor of “allowing a bunch of commercial vehicles in neighborhoods; that would change the flavor of the town.” He also expressed a concern about the effect of multiple commercial vehicles on the potential property values of abutters.

His sentiments were echoed by several residents who spoke against the proposed ordinance, including Roberta Page, who noted ongoing problems with tradesmen who live in her neighborhood, including a plumber who has received deliveries via 18-wheeler and a number of tow trucks and flatbeds parked at a residence.

‘We really need to take a serious look at the ramifications of allowing a commercial business in a residential neighborhood,” Page said.

West Springfield Planning Director Richard Werbiskis pointed out that under the East Longmeadow ordinance, DuMont was citing, he would not be allowed to open a new landscaping business in that town. The purpose of the East Longmeadow ordinance was “to address businesses that were operating without proper permitting, but no enforcement action had been taken.” He said the ordinance basically corrected the oversight by grandfathering those businesses.

Planning Board Chairman Frank Palange said the discussion of the proposed ordinance pointed out three zoning problems that needed to be addressed in more detail —the definition of a home-based business and what is allowed under that ordinance, DuMont’s concern regarding the size of the commercial truck that a resident is allowed to bring home and park in his or her yard, and the potential for employees coming and going at the site of a home-based business such as a landscaper or carpenter.

“I think the entire thing needs to be looked at ,,, we have zoning for a reason,” Palange said, adding that at a recent meeting, the board had created a subcommittee that was charged with investigating and evaluating these concerns.

Werbiskis said that, despite the Planning Board’s negative recommendation, the ordinance would still go through the process of review by the Town Council’s Ordinance Subcommittee and subsequently be acted upon by the Town Council.

Debbie Gardner can be reached by e-mail at debbieg@thereminder.com