A group of city councilors is calling on the city’s Building Commissioner to deny a new special permit sought by the developers of the wood-burning power plant proposed for East Springfield.
In May, the City Council voted 10-to-2 to revoke a permit granted for the controversial project back in 2008, citing significant changes made to the original plan. The councilors took the revocation vote in response to growing opposition to the project by residents and medical experts who contend the plant would have grave effects on the environment and on public health. The developers, Palmer Renewable Energy, subsequently sued the city over that vote.
Now PRE has filed an application for a new permit, prompting a group of councilors to write to Building Commissioner Steve Desilets restating their opposition and asking that the new permit be denied.
The letter is signed by City Council President (and mayoral candidate) Jose Tosado, Ward 1 Councilor Zaida Luna, Ward 2’s Michael Fenton, Ward 3’s Melvin Edwards, Ward 4’s Henry Twiggs, Ward 6’s Amaad Rivera (who is running for an at-large seat this election), Ward 7’s Tim Allen and Ward 8’s John Lysak.
“As the legislative body for the City of Springfield, we respectfully request that you … deny this permit and all future building permits for this site which would circumvent our Zoning Ordinance,” the councilors wrote to Desilets. “Failure to deny said permits will bring unnecessary burden upon the city and its taxpayers.”
The councilors noted: “Earlier this year, we revoked PRE’s Special Permit for their proposed ‘biomass’ facility. Said revocation was predicated on findings of fact that we made regarding the facility and the changes that were made to plans approved in 2008. This action was taken with the understanding that PRE would be unable to build their facility without a new Special Permit. Such is our interpretation of the Zoning Ordinance.”
The letter goes on to cite Mass. General Law, quoting that “[the] building commissioner … shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of any zoning ordinance or by-law; and no permit or license shall be granted for a new use of a building.”
The councilors wrote, “As such, we believe it is your obligation to deny this permit.”
The letter also notes that, under state law, “if the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such ordinances or by-laws against any person allegedly in violation of the same and such officer or board declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefore[e], within fourteen days of receipt of such request.”
That would mean Desilets has until Nov. 4 to inform the Council of his decision on PRE’s application. The councilors also noted that they could appeal Desilets’ decision.
