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

ZBA OKs Cumberland Farms special permit

Date: 3/28/2012

March 28, 2012

By Debbie Gardner

debbieg@thereminder.com

WEST SPRINGFIELD — The Zoning Board of Appeals (ZBA) approved a special permit request to Cumberland Farms for a proposed gas station project at 143 Park Ave. and 47 Union St. at its March 19 meeting.

However, ZBA member James Bourtha was quick to point out to concerned residents that the board's approval was not the final OK for the project.

"People need to understand that there are still more hurdles," Bourtha said.

Dianne Crowell, who spoke to the potential effects of the project on the neighborhood, told Reminder Publications she was "disappointed" by the board's decision. Among the evidence she presented to refute the plaintiff's claim of neighborhood improvement was a petition to halt the project signed by 168 area residents.

"I think it is detrimental to the neighborhood," Crowell said.

At issue that evening was whether or not the construction of Cumberland Farms' proposed 4,242 square foot convenience store and 10 fueling stations, as presented by Lukien Distefano, who spoke for the project designers Bowler Engineers, Atty. Dennis Powers and Paul Wilson, agents for Cumberland Farms and Steven Severino, traffic engineer for Fuss & O'Neill, represented a significant enough deviation from the original site usage — considered a nonconforming use under West Springfield zoning laws — that its construction would be denied even under special permit stipulations.

At ZBA Chairman Chet Zymroz's request, Distefano reprised the project overview presented at a previous meeting, outlining the landscaping to add green space to the site, the enhanced storm water processing system designed to handle a "100 year storm," event, the modifications to curb cuts — and accompanying signage — to minimize potential traffic problems caused by patrons turning in and out of the property, and a proposal to pay for the timing of traffic lights at the Park Avenue and Union Street intersection to minimize the potential for disruptive traffic queuing.

He also showed a photo of the current gas station on the corner which Cumberland Farms already owns and an artist's rendering of the proposed new pumps and convenience, noting "Cumberland Farms is not going to close up shop [here]. It will continue to pump gas at this site, either with this [old] station or with this [new one]."

He noted that the current station, which previously included a repair shop, now just carried a small selection of sundries and pumped gas.

Severino and Powell both spoke to the site's traffic study, noting that only a 1 percent increase is predicted at the new station. Severino said the estimate was 20 trips into the site during morning peak traffic hours, and 22 during evening peak travel times.

"Because there are multiple trips in and out of our site does not mean an increase in traffic," Powell said. "It's the same level of traffic going by, just a greater volume of people turning in."

Residents who spoke against the project argued that the change to the site would not improve the neighborhood but would instead increase traffic in an area where there is a heavy walking population and bring high-priced food products to a neighborhood with little access to grocery stores. Crowell noted that District 1 City Councilor Angus Rushlow had expressed concern about the condition of the crosswalks near the proposed project. Lillian Hillman said she was concerned about potential for increased litter from the products sold in the convenience store.

"You will see a significant change in the trash on the common," she said.

Tina Giachello asked why, with a Cumberland Farms at the Park Street rotary, the company wanted to build another convenience store on the same street.

Bourtha acknowledged that all the neighbors concerns were "valid issues," but stressed that the ZBA "can't speak to that."

"I'll be honest, we can't enforce the criteria that we make," he added.

He said what the ZBA can do is make certain Cumberland Farms' application for a special permit for the site meets three criteria called the "Powers Test" established by the Massachusetts Superior Court in 1968 in Charles A. Powers & Others vs. Building Inspector of Barnstable.

That decision states that approval of a special permit for an extension of what is called a nonconforming use in a specifically zoned area of a city or town hinges on "(1) Whether the use reflects the "nature and purpose" of the use prevailing when the zoning by-law took effect … [citations omitted.] (2) Whether there is a difference in the quality or character, as well as the degree, of use… [citations omitted.] (3) Whether the current use is "different in kind in its effect on the neighborhood."… [citation omitted.]"

According to Bourtha, Cumberland Farms' special permit application did meet the basic criteria of the Powers Test.

"It is not more substantially detrimental to the neighborhood than the current use [and] it is not a substantial change or substantial extension [to the original zoned use]," he said.

Zymroz noted that, with its approval, the ZBA imposed several conditions, that any restrictions on imposed by the board — or any future board — must be posted so managers are aware of them; that no entry and left turn only signs must be posted on the first curb cut on the property on the Union Street side, that a modification of the traffic signals would be addressed, that the storm water would be completely managed on the property and that upgrades of the crosswalks would be considered.

According to Planning Department Secretary Lynn Hanzel, the Cumberland Farms project is scheduled to come before the Planning Board on April 4 at 7 p.m. at the Municipal Office Building.



Bookmark and Share