4-26-17 The meeting was called to order by Chairman Newman @ 7:00 p.m. Room 315, Municipal Building, 59 Court Street, Westfield, MA. Members present Staff Members absent Jay Vinskey, Principal Planner Gary Bacchiocchi, Member Christine Fedora, Clerk 1. Call to order: Chairman Newman called the meeting of the Zoning Board of Appeals to order at 7:00 and asked the members to introduce themselves. 2. Public Participation: Chairman Newman asked if there as anyone in the room who would like to address the Board regarding items not currently before the Board? There being no one heard the Board proceeded to their next item on the agenda. Chairman Newman read the notice into the record for Baystate/Noble Hospital. BAYSTATE NOBLE HOSPITAL who, as a non-conforming use, seeks a special permit finding per Section 4-10(3) to expand its parking lot the onto the property at 91 W. Silver St, zoned Residence A. Chairman Newman noted the Board probably will not be voting on the petitions before them until their next meeting. Presenting the proposal to the Board was Rob Levesque of R. Levesque and Dave Rosinski Director of Operations for Noble Hospital. Mr. Rosinski informed the Board they have a purchase and sale agreement for the property. He explained they would like to raze the house and expand the parking in order to bring the parking closer for the patients. Mr. Levesque noted it is a preexisting nonconforming use. Chairman Newman noted the property is currently a single family. Chairman Newman noted the hospital is currently a non-conforming use and the applicant is asking to extend it to another property? Levesque replied they would like to add an additional 43 parking spaces, noting he also has to file with the Conservation Commission. Levesque proceeded to show a new plan with proposed landscaping in front of the parking lot. Members inquired if there would be additional traffic with the increase in the parking? Levesque replied the use would stay the same, the operations aren t changing, it will not increase the use.
Mr. Rosinski noted this would be an opportunity to have patients park closer to the hospital. Members inquired if they should apply for a zone change? Levesque noted there is no hospital zoning district, if this is approved they will be submitting an ANR (Approval Not Required) plan to merge the 2 lots. Marty read 4-10-3, into the record. He felt this would be extending a non-conforming use into a lot that currently is in conformance. He felt by altering the subject property the Board is being asked to downgrade from residential use to commercial use. He felt a variance or zone change would be the way to accomplish this. Levesque informed the Board he spoke with Jay Vinskey and he was comfortable with the way the application is being presented, it does not say you can t extend to another parcel. Chairman Newman felt there is nothing that allows a conforming use to become a nonconforming use. Williams asked if they merge the lots with an ANR would it be extending the nonconforming use? Bacchiocchi felt the ordinance doesn t address the merging. opinion or possible a condition on the ANR. It was suggested the Board seek a legal After further discussion the Board felt it would be worth obtaining a legal opinion. In favor? Opposed? Brian Bonner 90 West Silver St He voiced his concerns that 43 cars would fit there. George Lank Lives near the hospital parking lot voiced his concerns regarding the trash; he would like to see hedges placed along the parking lot. Heather Dunphy 92 West Silver Can t let kids play in yard. Garbage, ongoing problem. Understand problem with parking. Don t like idea at all. Noise issues. Jan Houser Abuts parking lot, agree as far as trash, don t see how fit. Ruth Pinion 84 West Silver St She felt the people purchased their homes and they knew there was a hospital there. Parking is silent, she felt if they had concerns with trash, they should have said something, she did not see an issue with this.
Noble Director of Facilities Informed the room he tries to address the concerns of the trash and try to address the problem as soon as they can, he also noted employees are disciplined when they are found smoking. 96 West Silver Street Asked if they could add another trash barrel? Andrew Surprise Ward Councilor Not against but would like to see hedges along West Silver, he also felt more surveillance should be in the parking lot as well as trash barrels in islands. Chairman Newman felt there should be a significant buffer. It is currently a residential use ( a house) the petitioner wants to take it down to use as a parking lot. He would require significant buffer plants plus fencing. Williams felt there should be an opinion from the law department. Sullivan MOTIONED, seconded by Williams to continue to May 17 th. Hampton ponds read into the notice. HAMPTON PONDS REALTY who seeks an amendment to a condition of a variance and special permit (voted 5/6/09) requiring public water service at 95 New Broadway, also known as Lot #18, zoned Residence A and Water Resource. The Board gave a brief overview to Member Bacchiocchi. They noted in the 2009 decision it was stated that. The Board noted in the 2015 decision it did not reference the 2009 condition. One decision does not trump another decision. The letter from the Southampton Superintendent as well as the Water Department were read into the record. Williams voiced her concerns that 2009 had the condition regarding well and septic. Then in 2015 an ANR plan was approved by the Planning Board with a notation that 95 New Broadway was to be razed she stated she had concerns at the last meeting regarding the notation. It was noted the notation on the plan regarding it being razed had no bearing on this.
Larry Fedora The proposed buyer of the property stated he would like to buy 95 New Broadway and rehab the house. He also had a contractor out there to look at the condition of the house and he felt the house would be able to rehabilitate the building. Dori Cleamer, Mr. Fedora s sister, added he s already qualified for a loan. Nancy 93 New Broadway Informed the Board the reason there is no water is because when the tenant moved out the water was never turned off. Members voiced their concerns to make sure everything was done legally. Williams noted she would like to discuss this with their underwriter to make sure everything gets done legally. Chairman Newman was concerned about dropping the one condition and felt his would mean the Board is walking on thin ground, it is not good. Bacchiocchi MOTIONED, to continue to May 17 th. A.I.F. Mr. Fedora informed the Board he was speaking to Mr. Weise and he agreed to let Mr. Fedora cross his land in order to hook up to City Water, so that he could extend it to the property. If the water department allows him to hook up he would like to come back to the board to withdraw his application. Motion to adjourn at 8:35. The Board also noted if any new applications are received they could be acted on administratively.