At-large City Councilor David Flaherty (WNG File Photo)
WESTFIELD – At-large Councilor David Flaherty, chair of Zoning, Planning and Development, called a meeting on Thursday to discuss the special permit and site plan approval process for an applicant in front of the city council by Old Dominion Freight Line.The trucking company wants to put a truck terminal on Medeiros Way, which is in Business B zoning and not a by right use, requiring a special permit.
A public hearing on the application was continued by the City Council on Sept. 5, and will resume at the meeting on Sept. 20.
Flaherty told ZPD members Robert A. Paul, Sr. and Michael Burns that he wanted to bring them together to understand their role if the application is referred to their committee following the public hearing. He said it could also be referred to the License sub-committee.
“This doesn’t have to necessarily be in our committee. Council rules say that License can also do it,” Flaherty said.
Flaherty also shared a reference guide prepared by City Planner Jay Vinskey for the City Council regarding the approval process.
Vinskey wrote that, in order to approve an application for a special permit, the City Council must approve of four findings; that the specific site is an appropriate location for such a use; that the use as developed will not adversely affect the neighborhood; that adequate and appropriate facilities will be provided for the proper operation of the proposed use; and that the plan as approved conforms to all rules and regulations unless specifically waived.
Flaherty said he believes the full City Council will go through each finding. In order to approve a special permit, a super majority of nine votes is required. Paul was not present for the hearing on Sept. 6, and will not be able to vote, as all members must be present for all hearings in order to vote.
In addition, nine findings must be approved for the site plan, as well as approval of the stormwater plan, which must be signed off by the city engineer. He said they can also attach conditions to the site permit, such as adding trees to the buffer zone.
“My interpretation is you have to have all thirteen findings satisfied, or it doesn’t go through,” Flaherty said.
Ward 6 Councilor William Onyski, who formerly served on the Planning Board which generally hears applications for special permits and site plans, recommended to Flaherty that Vinskey be present at the meeting if it comes back to ZPD.
City Council President John J. Beltrandi, III warned that the application could get bogged down in committee. The guidance from Vinskey states that special permit applications expire 90 days after the public hearing is closed, or they effectively become automatically approved. Vinskey added that subcommittee chairs should take note of the expiration date and bring the item forward in a timely manner.
Beltrandi also said he believes the application should have been heard by the Planning Board, which reviews them all the time, as opposed to the City Council, which rarely does.
“I’m one of the people who thinks it should be here (in City Council),” Flaherty said, because the members are elected by the public.
Flaherty said he believes that the public hearing will be closed after the next City Council meeting, and then it will come back to ZPD. “Once it’s closed, you can’t ask any more questions,” Onyski said.
“The main job, for those who have opinions, is to show up at the continued public hearing and express opinions about various things,” Flaherty said.
