About 27 property owners in the Glendale Road area of the city filed the following protest petition (PDF) last Thursday to the City Council. It is their belief that the petition will require a 3/4s vote of the City Council in order to alter the heavy public use zoning requirements through either the Narkewicz or the Planning Board proposals respectively, rather than a 2/3s vote.
As Mayor Higgins pointed out during the meeting these proposals do not alter the zoning map as the proposed changes will apply to all heavy public use projects that might come before the city regardless of location. They do however alter the city's zoning ordinance. It is an interesting interpretation of MGL C. 40A, S 5 Adoption or change of zoning ordinances or by-laws; procedure. Higgins said she intends to seek a legal opinion on the matter. According to Mimi Odgers the petition was presented to the city on the Tuesday immediately prior to the City Council meeting so it is unclear why the mayor did not have a legal opinion ready for the meeting. Perhaps we'll learn more from the Thursday September 24 special meeting of the City Council when it next takes up the issue.
Zoning protest petition
We the owners of land immediately adjacent and extending 300 feet from the land (lots 42-79 and 42-89) propose to be included in the attached proposed zoning change (concerning sections 350-10.7 and 5.2) hereby protest the action of the Northampton City Council regarding such zoning change, for the numerous reasons including but not limited to the following:
- The change is arbitrary and capricious in that the general welfare would be harmed by increased truck and other traffic, noise, congestion, poor air quality, and pollution of the environment;
- The change is arbitrary and capricious in that the general welfare would be harmed by locating the landfill expansion over the Barnes aquifer, a source for public water supply;
- The change is arbitrary and capricious in that the general welfare would be harmed by expanding the landfill as such expansion is an objectionable use, with objectionable odor, noise, and increased traffic in a residential area;and
- The change is arbitrary and capricious in that the general welfare would be harmed by decreasing the property values.
