WESTFIELD – The Zoning Board of Appeals found sufficient facts to warrant approval of a special permit and variance for a property owner who wants to use a section of his building for residential use.
Michael Tierney owns the building at 16 North Elm Street where his insurance business is located. That building is located on the northwest edge of the Commercial Office Retail Enterprise (CORE) District.
Tierney and his attorney, Brad Moir, appeared before the ZBA to seek the special permit and variance from the CORE District zoning which prohibits residential units on the ground floor of business buildings in that zone.
The CORE District code, Section 3-100.5, Special Regulations for Residential Uses states in paragraph 1 that “Within any building containing both residential and non-residential uses, no floor area within one story of the street level shall be used for residential purposes (adopted 12/6/2012).”
Moir argued that it is the very character of the building which creates the hardship to justify the board to approve a variance and special permit granting an exception. Tierney’s building is a single floor by its original design as the city’s train depot. That design is iconic in its utilitarian design and is listed on the National Registry of Historic Places.
Moir also argued that there is no viable retail use for the section of the building Tierney was to convert to a residential use for his son’s family. Moir said that because of the topography of North Elm Street as it passes underneath the railroad line, the Depot building is not visible.
“This is an unique building in shape and location. Is there anything the board can do to grant this variance based on the uniqueness of the building?” Moir asked. “There is a substantial hardship because this is an expensive building to run and maintain. There is tons of parking, 18 spots, to meet the residential parking requirement of two spaces and still have ample spaces for employees and customers of Mr. Tierney’s business.
“The intent of the ordinance is to bring people downtown, which this will do,” Moir said. “We’re not changing anything externally except putting a backdoor toward the rear (loading platform) by the tracks where a window will be converted into a door to meet the second means of egress required by the city’s Building Superintendent Jon Flagg.”
ZBA Chairman Michael Parent suggested that the board attach conditions to the special permit limiting the conversion to only one residential unit and that Tierney of future owners “keep the exterior of the building consistent with its historic character.”
The Board voted 3-0 to approve the petitioner’s special permit, variance and site plan.
