Planning Board members Richard Utzinger and Robert Johnson review amended plans last night during a public hearing. (Photo by Hope E. Tremblay)
Southwick Planning Board Chairman Douglas Moglin, Town Planner Marcus Phelps and board secretary Ruth Preston listen to a proposal during a public hearing last night. (Photo by Hope E. Tremblay)
SOUTHWICK – Pride owner Robert Bolduc has withdrawn his application to the Southwick Planning Board for expansion of the station at 198 College Highway.
Board Chairman Douglas Moglin said he expects Bolduc will resubmit an application.
“He submitted a letter to request withdrawal of his application without prejudice,” said Moglin.
Because of a technical glitch, the agenda for last night’s Planning Board meeting was not posted and the withdrawal could not be acted on yesterday.
“We will act on it at our next meeting,” said Moglin.
Bolduc submitted plans over the summer to completely revamp the station, located at the intersection of Congamond Road. Upgrades include an additional pump station, to total four stations with 16 pumps, and building a 2,400 square-foot convenience store.
Town Planner Marcus Phelps said the proposal requires a special permit from the Planning Board and variances from the Zoning Board of Appeals (ZBA). He said there is a need for a variance because of the setback required on two sides of the corner lot. There is also residential property on two sides. The plans Bolduc submitted make the lot more non-conforming.
The proposal is complicated further because there are wetlands on the property. Phelps said the use of the land as a gas station predates zoning bylaws.
“The zoning bylaws were adopted in 1950,” said Phelps. “There was a garage there, and in 1970 the three pumps were converted to self-serve. At that time – I’m not sure why – but they did not grant a special permit.”
Last month, before the ZBA rendered a decision or the Planning Board closed the hearing on the request, Bolduc filed an injunction against the two boards and the town. The lawsuit baffled town officials.
“I just don’t understand how you file a lawsuit before you allow the boards to weigh the proposal on its merits,” said Moglin.
There was a court hearing scheduled for yesterday. However, it was held over.
Phelps said without an application, Bolduc has no grounds to sue the town.
Moglin said there are rules against reapplying for a special permit over and over again, but there are exceptions, which he said would include Bolduc’s proposal.
“With the changes that were made to the parking lot and layout, and the variances, I’m sure it will fall within the guidelines for reapplying,” said Moglin.
