Members agreed that body art businesses should be allowed only in the business zone, but some disagreed on how far from churches and schools the establishments should be.
EAST LONGMEADOW — The Planning Board has approved a warrant article regarding body art establishments that will be presented at the special Town Meeting scheduled Oct. 1.
During its Tuesday meeting, the board discussed the article that it will present in conjunction with the Board of Selectmen acting as the Board of Health. While the Board of Health must establish health regulations and age restrictions, the Planning Board must decide where such businesses will be allowed.
All members agreed that body art businesses should be allowed only in the business zone, but some disagreed on how far from churches and schools the establishments should be.
George KingstonPlanning Board Chairman George Kingston suggested a distance of 1,000 feet from any public school or church.
Planning, Zoning and Conservation Director Robyn Macdonald told the board it has to be careful with not restricting the establishments too severely because the state Attorney General's office could reject the regulations if it feels it infringes on a person's First Amendment rights.
At 1,000 feet, body art establishments would be limited to 31 percent of the business district and would include a small portion of Shaker Road and North Main Street near the Springfield line.
Member Alessandro Meccia took issue with the distance restrictions.
"Someone could go to a hair salon and paint their hair green or yellow, but they can't get a tattoo," he said. "I have a problem with even a one-foot restriction."
Member Michael Carabetta said he would be uncomfortable not restricting the establishments at all, but suggested a 500-foot distance from schools or churches.
Michael Carabetta"I think out of respect for First Congregational Church, which has been here 100 years, we should limit a (body art) business owner from opening right next to it," he said, referring to the church on the rotary.
Member Michael Przbylowicz felt the restrictions should also include distances from daycare facilities and charter schools.
"If we are worried about protecting kids at the high school level, why would we want to expose the younger kids to this?" he said.
Przbylowicz suggested not regulating the establishments at all and waiting to see if a small business owner would be willing to fight the current bylaw which does not list body art establishments as an allowed use in the business district.
"We are better off putting in a bylaw than ignoring this," Kingston said.
Member Ralph Page said he has visited several body art establishments in surrounding communities, talked to the business owners and their neighbors, and most said they had no problems.
"They are professional businesses and people are not just hanging out there," he said.
The board ultimately voted 4-1 to approve the article with a 500-foot distance from any public or charter school and church. Przbylowicz voted against the article.
Kingston said there will be a public hearing regarding the article prior to the special Town Meeting.