WESTFIELD – Members of two City Council committees resolved the process of reviewing issues sent to both committees for consideration after taking the action of bringing a motion to the council floor without prior review by the second committee.
The issue arose when the Legislative & Ordinance Committee brought out a positive recommendation to approve a special permit requested by the owners of the 99 Springfield Road property, needed to allow a business to be located in their building.
The special permit application was submitted by Julie and Nabil Hannoush, who plan to move their existing business, Expert Fitness, from the Little River Plaza to the property they purchased from the owners of the former Balise dealership, with the intent to convert the property into a retail complex.
There are currently two other businesses located in the former Balise car dealership showroom and repair building which is located in a Business B zone. Both of those businesses, Extra Innings, a batting cage with associated retail, and a cafe with a patio, are allowed uses in that zone.
Expert Fitness is an allowed use only if the City Council approved a special permit as a place of assembly.
Rob Levesque of R. Levesque & Associates, who is representing the couple before several boards and commissions, said Expert Fitness is a use that does not fit cleanly into any use defined by city ordinance.
Levesque appeared before the L&O Tuesday to explain the reasons for special permit petition, providing information needed by that committee to give a 3-0 positive recommendation to the full City Council last night to approve the special permit with finding and conditions, prepared by Principal Planner Jay Vinskey, attached to that permit.
The council did give a unanimous endorsement to the petition and approved the special permit by an 11-0 vote.
Typically the L&O brings motions for permits, ordinance changes, resolution and orders to the floor for final action. The Law Department recently defined the role of the ZP&D as the initial reviewer for matters pertaining to Zoning, Planning and Development, then to refer the issues after its review to the L&O.
At-large Councilor David A. Flaherty, chairman of the Zoning, Planning & Development Committee, took exception with the fact that the L&O bypassed his committee, stating the discussion of the special permit should have started in the ZP&D Committee.
“The purpose of the ZP&D is to research issues such as the findings and conditions, Flaherty said. “This is something the ZP&D should be doing and the L&O looking at the end result of the ZP&D review process.”
At-large Councilor Brian Sullivan, chairman of the L&O, said his committee took up the issue so it could be presented to the City Council last night.
“We’ve sent this type of motion to both committees,” Sullivan said. “I think we’re stepping on our own toes.”
At-large Councilor James R. Adams said that during his tenure on the council issues have been sent to both committees, with one taking the lead at times and the other committee taking that action at other times.
“I think in the future it should go to just the ZP&D Committee for their review, then they can refer it to the L&O to bring it out onto the (City Council) floor for final action,” Adams said.
Flaherty voted to approve the Hannoush special permit, but then made a motion to remove the issue from his committee which was approved by a 11-0 voice vote.
