WESTFIELD – The Planning Board voted to send the City Council a positive recommendation for two ordinance codes amendments and a negative recommendation for a zone change of land off Southampton Road.
The two ordinance codes amendments are both sponsored by members of the City Council, one dealing with the definition of a family and the other to allow truck repair in an industrial A zone by special permit.
The amendment to change the definition of family is sponsored by Ward 4 Councilor Mary O’Connell and Ward 3 Councilor Peter J. Miller Jr.
O’Connell, who presented the amendment to the Planning Board Tuesday night, said that the city Building and Law departments are “hamstrung” by the current definition of a family when it comes to code enforcement pertaining to unrelated individuals living together.
The proposed ordinance code change would limit the number of unrelated individuals living in the same residence to four, O’Connell said.
The issue was generated in both Ward 4 and Ward 3 where houses are being rented, usually by large number of college-aged individuals, creating a “boarding house situation.”
O’Connell said the issue is that residences are not designed to support that use. City health and building officials are concerned that houses with septic systems designed for typical family usage will fail when being used by a large number of residents. The other issue is that parking at residences is designed for typical families, not for a large number of residents, each with a separate vehicle.
The ordinance defines family as “an individual or two or more persons related by blood, marriage, or legal adoption living together as a single housekeeping unit in one dwelling unit and including necessary domestic help such as nurses or servants, or a group of unrelated individuals, not to exceed 4, residing cooperatively in one dwelling unit. In this instance, an accessory use as described in Section 3-40.3(1) and 3-50.3(1) is not permitted.”
Board members asked O’Connell how the councilors decided on a limit of four unrelated individuals in the proposed amendment.
“We were trying to be fair as possible,” O’Connell said. “It was a compromise. In my opinion four was pushing it, but the number four was a compromise people could agree to adopt.”
The Planning Board voted 7-0 to make a positive recommendation.
The Board also voted to make a positive recommendation for a second change which would allow the Planning Board to issue a special permit to allow truck and heavy equipment repair businesses in an Industrial A zone. That use is currently allowed only in the Business B zone.
The ordinance amendment, sponsored by Ward 1 Councilor Christopher Keefe and At-large Councilor John J. Beltrandi III, would expand that use to Industrial A zones, as well.
The heaviest volume of truck traffic in the city is generated by companies in the Industrial A zone, primarily along Lockhouse, Servistar Industrial, Southampton and Summit Lock roads.
The two councilors have argued that allowing truck repair in the same zone as businesses generating that truck traffic would eliminate the need for the truck to go to other areas for service.
The proposed change does allow the sale of parts needed to support repair work, but specifically prohibits repair facilities for passenger vehicles, nor does it allow the retail sale or rental of vehicles, machinery, parts or equipment.
Several residents living in areas near the industrial parks objected to the proposed zone change.
Barbara Rokosz of 272 Lockhouse Road, whose residence is directly across the street from the intersection of Servistar Industrial Way, objected to the proposed zoning ordinance amendment.
“You should think very carefully about what this will allow,” she said. “We will just get more truck traffic when they come for repairs. You’re opening the door wide open.”
“What does a resident have to do to get this denied?” Rokosz asked. “I don’t want zoning that will permit more trucks coming into my neighborhood. We, as residents, are here to ask you to give a negative recommendation.”
Barbara Clement of 275 Lockhouse Road opposed the proposed amendment because she was concerned that it would increase truck traffic congestion, increase diesel fuel fumes and pose a greater hazard to residents and children.
The board considered a motion to table the issue because neither Keefe nor Beltrandi were present to present the issue.
O’Connell said that both councilors were absent due to medical issues, one was recovering from surgery while the other was in a hospital being treated for hypertension.
“Councilors, in our role as legislators, proposed these changes when we see a problem,” she said. “We send proposed zoning changes to you for your review and recommendations.”
The Planning Board voted to make several changes to clarify that truck parts could only be sold to support the repair business. An example would be charging a customer for brakes being installed on the truck.
The board approved a positive recommendation of the proposed ordinance change with amendments.
The Planning Board rejected a motion to give a positive recommendation to a zone change requested by the owners of property near the Southampton Town line. The board members voted 2-5 for the motion to give a positive recommendation, meaning that a negative recommendation will be submitted to the City Council.
The property owner DV Realty Group, LLC, has owned the property for nearly 30 years under different corporate entities.
The property, which is between seven and eight acres in area, is located at 0 Southampton Road, between North Road and the Southampton line.
The owners requested a zone change to Commercial A to allow construction of a self-storage facility. The property is currently zoned as Rural Residential, which does not allow self-storage facilities.
The property cannot be used for residential purposes, the owners stated, because perk tests have failed due to soil conditions and the fact that about half of the land is wetlands. Self-storage facilities do not require sanitary facilities.
Board member Matt VanHeynigen argued that the change would create a “spot zone,” a practice that is not legally prohibited, but which is discouraged under state law and zoning codes.
Residents urged the board to give a negative recommendation and maintain the rural character along that section of Route 10, one of the major accesses into the city. Several citizens speaking against the change said that the wetlands along that property are the source of water flowing in Arm Brook.
