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Medical District Zone withdrawn

A joint sub-committee meeting was held Monday to continue discussion of the medical district zone.

WESTFIELD – The third joint meeting of the Legislative & Ordinance and Zoning, Planning & Development committees was held on Monday to discuss the medical district or “hospital” zone for Baystate Noble.
At the start of the meeting Ward 2 Councilor Ralph J. Figy, chair of the L&O Committee, said the joint committee meetings had done a lot of good work. He also said he met with City Planner Jay Vinskey earlier, and came to an idea that could wrap it up.
“I would like to withdraw the petition without prejudice to resubmit this petition the second week of January,” Figy said. He added that First Assistant City Solicitor Shanna Reed was of the opinion that the joint committee hadn’t changed the ordinance enough to have a second set of public hearings, which had been suggested at the last public hearing. Figy also said the biggest issue was the 90 day clock, which would run out in January.
“If we withdraw this and resubmit it, there is an opportunity for the new councilors to hear the issue fresh. That is what I’m going to be asking you guys,” Figy said, adding that in fairness to the new councilors, it would give them more time on the issue before a vote.
Ward 3 Councilor Andrew K. Surprise said his understanding was that they could take everything they already have made and resubmit the ordinance at the next public meeting.
“Absolutely, we’ve learned too much valuable information,” Figy said.
“I would support that. Jay (Vinskey) has done a good job of keeping score. It makes sense, and gives the public speaking input,” said Ward 6 Councilor William Onyski.
“If this is going to come back before Council I think it would be better received if the hospital were the petitioner and not a Councilor. I don’t know exactly why this came from a City Councilor,” said Ward 4 Councilor Mary O’Connell.
“The reason why I was asked to propose this was it didn’t exist,” said Figy, who was the original petitioner for the new zone.
“The reason the Council was asked to sponsor the petition is it came from the Law Department,” added At-Large Councilor Stephen Dondley.
“I am concerned about fairness to the neighbors. We have seen a large group initially, then less and less,” said O’Connell. She added if Figy was going to push this to next year, the neighbors would need to resubmit their petition.
At-Large Council Dan Allie asked if the petitioner changed, would that require another applicant fee. Vinskey said as it stands right now, the process was the city deciding what it wanted to see in the new zoning. He said if the hospital were the petitioner, there would be a $350 fee, but they would also decide what to submit.
Allie also asked if Figy were to resubmit the petition, would the starting point be the language “where we’re at now. “ He also questioned whether January would be too soon to resubmit. Figy said it could be put off until February.
“I really don’t think the hospital going through Rob Levesque would make a radical change,” said O’Connell. She also doubted that the neighbors seeking a legal opinion for a new petition would go through the city’s Law Department, as Figy suggested they could, saying the Law Department was in favor of the zoning change.
“Why do we need a petition? I think we got your flavor,” said Onyski to the residents in attendance. Both Figy and Allie said the petition raises the required Council vote to three quarters, or 10 votes in favor of a new ordinance.
“The state zoning regulations state (that if) 20% of abutters object, it goes from a super majority of 9 to 10,” Figy said. There was also some discussion about when a new petition would be due; before the public hearings close, or before the final vote.
O’Connell asked if Figy had the ordinance in a good format. He responded that he was working on it, and was looking to add a few things from a Fairfax County, Virginia document for a hospital zone.
“We wanted to look at the template, language, how they phrased things,” said Surprise.
O’Connell asked whether Figy was recommending no action on the ordinance. He said he wanted to withdraw it without prejudice, in order to resubmit it with a new 90 day clock and opportunity for public hearings. O’Connell made the motion, which passed unanimously.
“I think more time is good,” commented Westfield resident Karen Pighetti, one of a handful of residents who attended the joint sub-committee meeting.

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