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The Westfield News Serving Westfield, Southwick, and the surrounding Hilltowns
www.thewestfieldnews.com VOL. 84 NO. 184
THURSDAY, JULY 23, 2015
Gateway budget stays status quo for now By AMY PORTER Correspondent HUNTINGTON – The special Gateway Regional School Committee meeting planned for Wednesday evening to vote on a new budget was cancelled, due to five members of the school committee being unable to attend. This would have left eight members in attendance, short of the ten required for a vote. When the special meeting was scheduled at the last regular School Committee meeting on July 8, Dr. David Hopson, Gateway superintendent had said it would require a two-thirds vote from the committee for passage of a new budget. “Failure to have the committee take action on a new budget means the old budget,” Hopson had told the committee. The School Committee already had the option of voting in the same budget that was rejected by voters at four of the six Annual Town Meetings, a reduced budget, or an increased budget. Since no vote was taken, the current or “old” budget Version 1 will be resubmitted to the Department of Elementary and Secondary Education (DESE) by the July 28 deadline. This is the same budget on which Gateway is currently operating at a 1/12th or monthly basis as determined by DESE until a budget is voted positively by the towns. If the mitigation funds of $630,000 that were promised by legislators to the Gateway district to help defray the costs of Worthington’s withdrawal come through, town assessments will be lowered by that amount. Since Huntington and Blandford voted for a budget that reflected the lowered town assessments after mitigation funds are received, those towns will not have to call a special town meeting to pass a new budget. Both Middlefield and Montgomery passed Gateway budget Version 1, while Chester and Russell voted it down. A majority of four of the six towns in the newlySee Gateway Budget, Page 3
A 64-year-old Family Lane resident has succumbed to injuries sustain in a single-family house fire early this morning while being treated at Noble Hospital. (photo submitted)
Fire claims life of Family Lane resident By DAN MORIARTY Staff Writer WESTFIELD – A 64-year-old Family Lane resident succumbed to injuries sustain in a singlefamily house fire early this morning while being treated at Noble Hospital. Firefighters pulled an unconscious man from the fire-engulfed house, filled with smoke, at 23 Family Lane early yesterday morning. Police Captain Michael McCabe identified the victim as Frederick A. Kupec, the lone resident at that address. Deputy Fire Chief Pat Kane said this morning that investigators have determined that the fire was ignited in a sofa by a cigarette when Kupec apparently fell asleep, then was awoken by the fire. Kupec was located on the floor in the kitchen at the rear of the house. “The house was full of smoke,” Kane said. Kane said he did not hear smoke detectors sounding an alarm when he was at the fire scene. Investigators found the damaged remnants of smoke alarms in the house, but could not determine if they were working when the fire broke out. Kane also requested the Westfield Gas & Electric Department dispatch emergency personnel to assist firefighters at the scene to mitigate hazardous conditions. “The electricity was cut and one of the gas guys disconnected propane tanks at the back of the house so firefighters could move them away from the fire as a precaution,” Kane said. “We also moved some acetylene tanks that were in the garage.” Kane said the entire shift of 14
harder than the softness of indifference.” — JUAN MONTALVO
75 cents
Court decision muddies sign ordinance petition By DAN MORIARTY Staff Writer WESTFIELD – The Planning Board voted Tuesday night to continue the public hearing on a proposed change to the city’s zoning ordinance controlling temporary signs after new language was submitted by At-large Councilor Dan Allie. Allie, and Principal Planner Jay Vinskey, amended the original language on July 21 to reflect a US Supreme Court ruling on the case of Clyde Reed, pastor of the Good News Community Church versus the Town of Gilbert, Arizona where the court found that the town treats political campaign” signs less DAN ALLIE favorably than ideological signs.” The City Council initiated its own public hearing on the zoning amendment at its July 2, 2015 session based upon the original amendment proposed by Allie, but will now have to consider the new language resulting from the court decision. Vinskey said the new language is intended to bring the city’s temporary sign ordinance into line with the Supreme Court 35-page decision. The ordinance cannot contain “content based restrictions” or deprive property owners of their right to post temporary signs, including political campaign signs, Vinskey said. “The July 21 version is to make the ordinance more constitutional than what is currently on the books,” Vinskey said. Several board members argued that the amendment is not needed. “The current ordinance treats all types of (temporary) signs the same, so it’s not in violation of the Supreme Court ruling,” board member Carl Vincent said. Planning Board member Jane Magarian said the purpose of the amendment should be “to simplify the process so people can understand it.” Board member Peter Fiordalice made the motion to continue the public hearing to allow the board to review the new language. Fiordalice said “would it be easier if we specifically state political signs triggered by one event, an election.” William Carellas, who seconded Fiordalice’s motion, also requested the board to request the Law Department to issue an opinion. “I’d like to see the court ruling to see if we can’t separate campaign signs and request an opinion from the Law Department on the legality of the proposed language,” Carellas said.
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firefighters were present, manning four engines, the department’s tower truck and ambulances. Other communities were requested to provide coverage for the city while the Family Lane fire was extinguished. “It took about 45 minutes to get it knocked down and under control,” Kane said, adding that the fire weakened the support structure and sections of the roof sagged in toward the building interior The cause of the blaze was determined by Westfield Fire and Westfield Police officials and by State Trooper Michael Mazza, who is assigned to the State Fire Marshal’s office. “There were no other family members present, he was living by himself,” McCabe said. “The medical examiner has taken jurisdiction and will conduct an autopsy to confirm the victim’s identity and to determine if it was an accidental death.” “Fires are always a terrible experience, but they are even worse when someone dies,” Westfield Fire Chief Mary Regan said. “Westfield has not experienced a fatal fire since February 2013, where an elderly man died after starting a fire smoking while using medical oxygen.” “As one of the leaders of the Massachusetts Fire Sprinkler Coalition,” she said. “I have been a strong advocate to require all new homes be built with fire sprinklers so we can build a future where these tragedies are less likely to happen.” Sprinklers are like having a firefighter in every room of your house,” she said. State officials said Kupec is the 27th person to die in a fire in the state this year.
Velis, Humason, sponsor bill regarding gun-free zones By HOPE E. TREMBLAY Staff Writer WESTFIELD – State Rep. John Velis (D-Westfield) filed a late bill Tuesday to form a committee to study gun-free zones, particularly where there are military personnel. “This is a direct response to what happened in Chattanooga, Tenn. last week,” said Velis, referring to a terrorist attack on unarmed military personnel in a recruitment center VELIS HUMASON where five Marines were killed. Velis said he hopes the committee will include an anti-terrorist member, a state police member, and member of GOAL (Gun Owner’s Action League), the Massachusetts affiliate of the National Rifle Association, among others. Since filing the Act Relative to Gun Free Zones Tuesday afternoon, Velis has received several requests to co-sponsor the bill from colleagues in both the House and Senate, including Sen. Donald F. Humason (R-Westfield). See Velis, Humason, Page 3
Funeral plans for Mass. marine announced SPRINGFIELD (AP) — A Marine from Massachusetts killed by a gunman in Tennessee will be laid to rest next week. The family of Gunnery Sgt. Thomas Sullivan announced that the private funeral Mass is scheduled for Monday at Holy Cross Church in Springfield. Springfield Bishop Mitchell Rozanski is scheduled to be the main celebrant and deliver the homily. Burial will follow in the Massachusetts Veterans Memorial Cemetery in Agawam. Visiting hours are scheduled for Sunday afternoon at T.P. Sampson Chapel of The Acres in Springfield. Sullivan was one of five service members killed during an attack on military facilities in Chattanooga last week. The gunman was killed by police. Sullivan grew up in Springfield. His family said in a statement Wednesday that they "are truly humbled by the outpouring of support" they have received.
Board adds restriction to solar ordinance By DAN MORIARTY Staff Writer WESTFIELD – The Planning Board voted 6-0 to send a positive recommendation to the City Council which is considering the adoption of a new zoning law to regulate construction and placement of solar farms in the city. The Planning Board members added one restriction to the proposed ordinance, limiting solar facilities to a height of 20 feet, a limit imposed to ensure that the solar panels are less visible. The ordinance is being proposed by Ward 1 Councilor Christopher Keefe to “adopt restrictions and Planning Board review requirements for large ground-mounted solar energy facilities.” Keefe presented the reasons the city should adopt a new zoning regulations to the board members Tuesday night.
CHRISTOPHER KEEFE “We did the same thing 10 years ago when cell towers began popping up everywhere,” Keefe said. “It’s the same situation now with solar energy facilities. State law says that unless there is a local legislation, and ordinance, these facilities can be constructed in any zoning district.”
Keefe said the city’s present zoning regulation “is silent on this issue”. The Planning Board also adopted a definition for groundmounted solar energy facilities which would fall under the requirements of the proposed ordinance. That definition stated that solar arrays of more than 5,000 square feet which are “intended to produce the majority of its electrical energy for off-site consumption” will be controlled by the ordinance restrictions. Keefe said this morning that the 5,000-square foot footprint may be modified when the City Council conducts its public hearing on Aug. 20, 2015. “It doesn’t take many of these panels, which are pretty much standard in size, to hit that 5,000-square foot trigger,” Keefe said. “So the council may consider a different number.”
Keefe said the height restriction is both to reduce the visual impact of the solar facilities and to ensure public safety. “There is concern about the ‘sail effect’ if the panels are too high and the wind catches the panels,” Keefe said. Solar facilities would be a byright use in the Business B, Industrial A, Industrial Park and Airport districts. That use would require site plan approval by the Planning Board for facilities with a footprint greater than 30,000 square feet or within 150 feet of a residential use to mitigate “the impact of the facility from abutting properties and public ways.” The solar facilities would also be allowed in Rural Residential district, but would require a special permit, a process which gives the Planning Board greater latitude in its review process.