The Planning Board will open a public hearing tonight to consider the proposed Ashley Street elementary school project.
The city is seeking Planning Board approval of a special permit, site plan and stormwater management plan to allow construction of the 96,000-square-foot, two-story elementary school at the intersection of Ashley and Cross Streets.
The hearing was slated to begin at the board’s April 17 session, which occurred during school vacation week, but discussion was postponed until tonight because of concern that residents interested in participating at the public hearing could not attend the April meeting, due to previous family vacation commitments.
The $36 million project was already presented to the Zoning Board of Appeals that granted a dimensional special permit for a side yard setback needed to make the city-owned property a legal building lot. That permit was required because of the size of the proposed 600-student building and its proximity to the St. Peter and St. Casimir Church property line.
Residents who charge that the boards acted improperly during its consideration of the city’s petition are challenging the ZBA’s permit approval in Hampden Superior Court.
Attorney Mark A. Tanner, of Bacon Wilson in Northampton, filed the superior court appeal on behalf of residents Ernest L. and Elizabeth Simmons of 32 1/2 Cross St., and Holyoke resident Thomas P. Smith, who has an ownership interest in his family’s house at 36 Cross St.
The suit charged that the ZBA acted in an “arbitrary and capricious” manner when it granted a dimensional special permit to provide side-yard relief for the school project.
“There was no basis in fact or law for the grant of the dimensional special permit,” Tanner charges in the suit. “Any such grant was arbitrary and capricious, rest on legally untenable grounds, and was in violation of the law.”
The city is seeking the permits under Article VI, section 6-10.1 of the city ordinance code to allow construction of the school on the 6.87 acres of municipal property.
That ordinance states: Site plan approval is also required for any use in a residential district where the use in question is subject to the off-street parking requirements as set forth in Article VII, Section 7-10.2 unless, however, the proposed use is one enumerated in Article VII, Section 7-10.2(a).
In approving a site plan, the Planning Board may attach such conditions and safeguards, as it deems necessary to protect the health, safety and welfare of the public in general and the immediate neighborhood. Such conditions may impose greater restrictions than are otherwise required by zoning. The Site Plan granting authority shall not approve any such application for Site Plan Approval unless it finds all of the following.
V1. That the proposed site plan shall be in conformance with the intent of the zoning district and shall not take precedence over specific provisions of the zoning ordinance.
2. That all buildings, structures, uses, equipment and materials are readily accessible for police and fire protection.
3. That adequate off-street parking and loading spaces are provided to prevent on-street and off-traffic congestion; that all parking spaces, maneuvering areas are suitably identified and designed to meet standards specified within this ordinance; and that provision is made for safe pedestrian movement within and adjacent to the property by the installation of sidewalks.
4. That all proposed pedestrian access ways do not create traffic hazards and are adequate, but not excessive in number; adequate in width, grade, alignment, and visibility; adequate distance from the street corners, places of public assembly and other access ways; and adequate design for other safety considerations.
5. That the general landscaping of the site complies with the purpose and intent of this ordinance; that existing trees are preserved to the maximum extent possible; that parking, storage, refuse and service areas are suitably screened during all seasons from the view of adjacent residential areas and public rights-of-way.
6. That lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation; that the glare from the installation of outdoor lights and illuminated signs is properly shielded from the view of adjacent property and public rights-of-way
