The appeal seeks to void a special permit issued by the city's Zoning Board of Appeals.
WESTFIELD – A Hampden Superior Court appeal of a recent special permit for construction of a new elementary school on Ashley and Cross streets, will not delay on-going planning for the $36 million school.
Three residents filed the appeal last week seeking to void the special permit issued last month by the Zoning Board of Appeals.
But, city officials say that appeal will not stop planning work to prepare the project for a 2012 construction start.
“Anyone has the right to file an appeal but we cannot stop the planning process for this school. We will deal with the outcome of the court when that happens, Mayor Daniel M. Knapik said.
City officials offered little comment on the court action requested by two residents of Cross Street and a third party who owns property on Cross Street, across from where officials plan to construct the 600-student elementary school.
Court papers are now under review by the city’s Law Department which will prepare a response to the action, City Solicitor Susan C. Phillips said.
School project manager Paul H. Kneedler of Skanska USA Building Inc., said that while the appeal must be reviewed and evaluated, planning for construction must proceed to keep the project on schedule.
But, Knapik said an earlier schedule calling for a September, 2013 opening of the new school is now “unrealistic and we are looking at an opening later in that year.”
School Committee member Kevin J. Sullivan, co-chairman of the school building committee, agreed that “work must continue on the project. Hopefully the court will act quickly on the appeal and allow us to move the project forward as scheduled.”
The appeal was filed by Cross Street residents Ernest L. and Elizabeth Simmons. They are joined by Thomas P. Smith. They are represented by Northampton attorney Mark A. Tanner.
The three voiced concerns over the location of the new school on the site of the current Ashley Street School at each of several public information meetings held last summer on the project. The School Committee and City Council approved the project after those hearings. At least one additional hearing will be held when the school issue goes before the Planning Board for necessary building permits.
The ZBA last month approved a special permit allowing the building to exceed side yard distances. Two wings of the new school will extend within the required 20-foot setback required. The largest wing of the new building will extend within eight feet from Ashley Street.
The complaint alleges the public was not afforded adequate time to comment during the ZBA hearings on the special permit process.
The state’s School Building Authority has approved 62-percent reimbursement of school price tag along with the design created by Margo Jones Architect of Greenfield. The school is a state approved “model school” building which will resemble a 10-year old elementary school in Williamstown.
The City Council earlier this year approved local financing for the project.
The project is expected to be advertised for construction bids in February with a ground breaking anticipated next spring. Completion of the building will allow the School Department to merge classes from Abner Gibbs, the city’s oldest school in use, and Franklin Avenue schools.