To the Editor:
Once again, the Springfield writer covering Westfield for the Republican missed capturing the essence of a legal challenge against the City of Westfield where he could have presented a fair portrayal of the matter. The Cross/Ashley St. neighborhood challenge to a Special Dimensional Permit, for allowing the proposed school to be inside the setback dimensions adjacent to St. Peter and St. Casimir’s church, had standing in court. This particular legal challenge stood for more than 2 1/2 years. The Mayor called our efforts ‘frivolous’ then. When the city purchased MORE land from the Church, the city didn’t need to get a Special Dimensional Permit any longer. Our actions forced the City to attempt to do things right. If laws are the ‘guardrails’ to ensure fairness and justice – for ALL – then we did win.
ZBA chairman, Mike Parent, opened the November 16, 2011 public hearing by saying he didn’t want to hear anything about whether or not those in attendance thought the school project was appropriate or not, and he didn’t want to hear anything about parking, traffic or that the school would be too close to the streets. To us, it became clear that orders were sent down the chain. Well, that hit a nerve because the ZBA’s responsibility is to consider a project’s impact upon a neighborhood!
During a ‘public hearing’, we were censured from discussing our concerns with the ZBA. Yet, after the ‘public hearing’ was closed, the ZBA deliberated and deemed that the project was appropriate for the neighborhood! We also contended that the ZBA didn’t address another key issue regarding access to the school from the St. Peter and St. Casimir’s parking lot.
The ZBA was forced to continue the discussion. The City Planner had the ZBA conduct a second meeting on Nov. 29. This second public hearing was not announced.
For Special Dimensional Permits that are part of a project requiring a Site Plan Review (Planning Board function), the ZBA is supposed to hear the city’s case for a permit at the same time as the site plan review. That night I asked Larry Smith if he’d reviewed the school’s plans yet. He said “No.” So how could the ZBA conduct a hearing for a special dimensional permit independent of a site plan review with the Planning Board? The PB didn’t review the site plans until 6 1/2 months later in May 2012.
Again, our legal complaint had merit. Westfield got out of trouble by purchasing more land from the Church. ?Below are some of the ZBA regulations that we claimed were not followed. ??The second paragraph of section 3-60.4.2 states: ??’An application for a Dimensional Special Permit for a use or structure that also requires and additional Use Special Permit and /or Site Plan Approval shall be heard by the same Special Permit granting authority at the same time and as part of the Use Special Permit and/or Site Plan Review. (10.07-04)’ ??Section 1-50.6 – Standards for Reviewing.
Sincerely,
Thomas Smith
