WESTFIELD — Following the approval of mayoral appointments to city boards and commissions by the City Council at its Feb. 5 meeting, the appointment of Melissa Fitzgeral Ogulewicz as a third alternate to the Zoning Board of Appeals was withdrawn due to her residency in Granville.
During the meeting, at which City Councilor Bridget Matthews-Kane had objected to voting in a non-resident, it was pointed out that there is a city ordinance that allows for people who have businesses in Westfield to serve on boards.
Ogulewicz’ appointment was approved with only Matthews-Kane voting no. “I’m unable to vote for somebody who is not from Westfield,” she said.
After the meeting, City Planner Jay Vinskey pointed out that the Zoning Board of Appeals is the only committee that was created within the zoning ordinance instead of the general ordinance, and the zoning ordinance states that all members of the Board of Appeals shall be residents of the city.
Vinskey said, like the Planning Board, the Zoning Board of Appeals does grant some special permits for smaller-scale homeowner projects such as setback relief, garages and sheds, and single-family to two-family residences. He said they also give site plan approvals for detached accessory dwelling units (ADU).
There are more substantial projects that come under the Zoning Board of Appeals, such as granting variances that are an exception to the rules of the zoning ordinance, which no other board can do, Vinskey said. The board also hears appeals to administrative decisions, such as ones from the building inspector.
Vinskey said, for example, the board granted a variance for the City Hall sign to allow internal illumination. “ZBA was the only one that could override the ordinance for that,” he said.
During the City Council meeting, City Councilor Kristen Mello, who ultimately voted to approve Ogulewicz’ appointment, did share Matthews-Kane’s concerns. “This is the one board I can think of outside of the Board of Health that can grant variances to our zoning ordinances. I want to highlight Councilor Matthews-Kane’s concern. If we are not fully invested in Westfield, that could prevent conflict. It’s not your average board,” she said at the time.
Following the clarification about residency requirements for the ZBA from the city planner, the mayor withdrew the appointment and plans to nominate Dorinne Rodriguez to the board.
“The Zoning Board of Appeals has the authority to grant variances from our zoning requirements, and its decisions significantly impact our neighborhoods and community,” Matthews-Kane said following the withdrawal of the appointment. “For that reason, I’m grateful for the forethought that went into the zoning ordinance that requires Zoning Board of Appeals members be city residents.”
“I acknowledge that these boards and commissions can be challenging to fill, as it’s hard work for little recognition and even less remuneration. I hope qualified people who would like to serve on any of our boards and commissions reach out to the mayor. Democracy can only work when citizens are committed and involved. I hope more residents are willing to step up and serve,” Matthews-Kane added.
