WESTFIELD – The City Council voted Thursday night to refer a motion from Ward 2 Councilor Ralph Figy to delete a section of the city’s zoning ordinance code, which gives the Planning Board authority to review alcohol license petitions near churches and schools, to the Law Department, Planning Board and the Legislative & Ordinance Committee for further review.
Figy, who is the L&O Chairman, made the motion to delete Section 4-110 of the zoning codes to strip the Planning Board of authority to review applications for the sale of alcohol within 500 feet of a school or church.
“Basically, we should not have two city agencies dealing with these issues, especially since the state ABCC (Alcohol Beverage Control Commission) delegates its authority to the License Commission,” Figy said.
Laura L. Parker of Southwick, the owner of the New Corner Variety Store on Prospect Hill and of the Pleasant Street Market at the intersection of Pleasant and West Silver Streets, applied for a malt and wine license for both stores in July.
Parker was required to apply to the Planning Board for a special permit because the Pleasant Street Market is located near Abner Gibbs Elementary School and the South Middle School, while there is a store-front church across Montgomery Street from the New Corner Variety.
The Planning Board, by a vote of 3-3, denied both special permits. Parker’s attorney, Bradford B. Moir, initiated litigation with the Land Court Division on Sept. 14 to vacate the Planning Board’s decision denying Parker the licenses needed to sell beer and wine.
Moir’s argument is that the state, through legislation and the Alcohol Beverage Control Commission (ABCC) regulations, is so comprehensive that the local community, through a home rule action, does not have authority to regulate alcohol licensing and sales.
The ordinance, under IV., General Use Regulations, states: No permit shall be issued for the erection, enlargement or conversion of a structure utilized for the purpose of selling or service alcoholic beverages which is situated within five hundred (500) feet, measured by a direct line from entrance to entrance, of any lot used for a church or a public and/or parochial school primarily intended for the education of students in Grades K through 12, unless a special permit has been obtained from the Planning Board. Said permit shall be obtained from the Planning Board before application is made for any other permit in connection with the proposed erection, enlargement or conversion. (Adopted 02/15/90)
Figy’s motion to delete that ordinance language because it gives the Planning Board authority which is “redundant to the License Commission’s jurisdiction.”
One City Council member would like to retain the zoning regulation giving oversight of liquor store to the Planning Board.
At-large Councilor David A. Flaherty said the Planning Board argued that the License Commission review of a license application is far more narrow than that of the Planning Board. Flaherty said the License Commission, which acts as the local agent of the ABCC “checks the boxes, to ensure that all of the proper information is submitted with a license application.”
The Planning Board’s review is far broader and considers the impact on the community in general and of specific neighborhoods where a license facility would be located.
“The two jobs are different. The Planning Board has far more discretion,” Flaherty said.
Figy said that he anticipates a much more detailed review and discussion of his motion at the committee meeting.
