WESTFIELD – The City Council voted 12-1 at its Nov. 19 meeting to accept a conservation restriction for 6.44 acres of land used for decades for agriculture at 225 Pochassic Road by the Bannish family, but there was reluctance by some council members to act without a formal review of the agreement by the Law Department.
At-large Councilor David A. Flaherty made a motion to table the issue which was brought to the council floor for discussion under the Petitions, Remonstrances and Other Papers segment of the session. The motion to table was defeated by a vote of 4-9, with Flaherty joined by At-large councilors Brent B Bean II, Brian Sullivan and Matthew VanHeynigen.
The Conservation Restriction was approved by the Conservation Commission and the Planning Board approved a special permit to allow construction of less than two acres of the 8 acre parcel owned by Henry Bannish. The special permit was needed because the land is zoned rural residential, a zone that requires building lots to be a minimum of two acres. Bannish wanted to maximize the area under the conservation restriction. The property is also located within the Great Brook Aquifer zone protection district.
Flaherty argued that the 18-page agreement was too long to read and digest during the meeting and should be tabled to the council’s next meeting. The agenda was modified to add the Bannish conservation restriction petition.
Ward 2 Councilor Ralph Figy argued that the Law Department has already reviewed the document and were satisfied with the language granting the restriction to the city at no cost.
“This is a gift to the city,” Figy said. “We don’t have to pay for this restriction on the six acres. I don’t understand your hesitation. Yes, there are benefits to the family, as well as the city.”
“Normally this would require a survey, but that is not cost-effective with just six acres and normally we’d see some other agency taking responsibility for oversight, but in this case, the Conservation Commission will do that,” Figy said.
At-large Councilor James R. Adams said the farm “has been in that family forever. I don’t know what issue there could be.”
Ward 5 Councilor Robert A Paul Sr., asked if the land would have open access for the public.
Figy said he did not know if there is an easement to allow public access
“All they (the Bannish Family) say is that they won’t build on the six acres,” Adams said. “We’ve paid hundreds of thousands of dollars (to put land under a conservation restriction) that is still posted.”
The farm is the estate of the late Jean Bannish and is located between the Southwick town line to the south, Magnolia Terrace to the north, Pontoosic Road to the east and Laro Road and Canal Dive to the west.
Ward 6 Councilor Christopher Crean said the council has seen complicated conservation restrictions which require deed investigations, a third-party organization to oversee the restriction and survey of the property lines for the legal documents that are filed with the Registrar of Deeds.
That is not the case with this conservation restriction which will be overseen by the Conservation Commission and require neither a survey nor deed investigation by the Law Department.
“This is the most simple conservation restriction we’ve seen,” Crean said.
The restriction was accepted by a 12-1 vote, with Flaherty casting the one negative vote. The restriction now has to be reviewed and approved by state agencies.
