WESTFIELD – A superior court judge has notified the city that an order restricting work on the Cross Street playground, part of the new elementary school site, will remain in place until overturned on appeal of set aside by legislative action.
Hampden Superior Court Judge Tina Page issued the temporary restraining order in early September after a motion, filed by several residents of Ashley and Cross streets, contended that the city is violating state and federal law by using part of the Cross Street playground for the $36 million school project. The residents filed the suit earlier this year, charging that the city is violating Article 97 of the Massachusetts General Law which sets preservation protection for open-space land.
The residents filed a lawsuit early this summer charging that the city is in violation of state law for the using the Cross Street field for the school project. The residents charge specifically that the city is violating Article 97 of the Massachusetts General Laws which is designed to preserve park and recreation land.
Those residents also charged that the city should be required to perform an environmental impact study as part of the review process recently completed by the Executive Office of Energy and Environmental Affairs and the Massachusetts Environmental Protection Agency.
The city was notified at the beginning of this month that the EOEEA determined that the city will not be required to submit an environmental impact report for the use of 1.37 acres of the 5.32 acre Cross Street playground in the Ashley Street school project.
Philip Griffiths, EOEEA undersecretary, notified the city after assessment of the Environmental Notification Form (ENF) submitted by the city for the $36 million school construction project, which includes a proposal to replace the 1.37 acreage lost at Cross Street with acquisition of 33 acres of open and recreational land off Main Street as required by Article 97.
The Article 97 suit is one of two suits filed by residents now in the Superior Court system. The initial suit challenges the Zoning Board of Appeals process and decision in granting relief to the city from setback requirements, although that issue is moot because the city purchased additional land to comply with those requirements.
The injunction issued by Page is limited to the playground land being incorporated into the 96,000-square-foot, 600-student school building project. That land will be used for subsurface infiltration of storm water collected off the building and for a recreational area.
The former Ashley Street School building is being demolished to make way for construction of the new structure which is proceeding.
Mayor Daniel M. Knapik said Monday that the city has been notified by Page that she will not vacate or modify her decision to impose the injunction.
“She’s not going to make any amendments to the original order,” Knapik said. “So we’re preparing to pursue other legal options.”
Those options are an appeal of Page’s order, a hearing which would be assigned to one of the State Supreme Court judges. A second option is to seek relief from the requirement of Article 97 through the state Legislature.
“We have hired an appellate lawyer who is currently working on an appeal and we have started the Legislative process,” Knapik said. “Which course of action we take is a matter of expediency, which option is the quicker of the two.”
