Approved April 14, 2009

McKnight Neighborhood Council
Special Meeting: February 24, 2009

PRESENT: *Gregory A Hession (President) Chair, *Tony Anthony, *Jeri Gardiner, *Stephen Gray, *Walter Kroll, *Jim Llewellyn (Vice President), *Denise Moccia, *Liz Stevens, *Ben Swan Jr. (Secretary), James Boone, Archie Emmanuel Jr., Sandra Hession, Mary Kirby, Stephen Thibeau, Mike Wiersma, Kat Wright (*Members of the Board)

Guests: Ron Perell, owner 400 St. James Ave., petitioner; Todd Ratner, attorney for Mr. Perell; Till Selfan, property manager, 400 St. James Ave.

Meeting called to order 7:10 p.m. 8 Board members present.
Board members not present: *Abdullah Abdul-Rahim, *Kwesi Albury, *Chip Gorra, *Demetrios Panteleakis, *Rodrick Shubrick, *Marianne Winters (Treas.)

PURPOSE OF THIS SPECIAL MEETING:
To take up the following: That the McKnight Neighborhood Council Board of Directors revisit the decision made on February 10, 2009, concerning the petition for a variance to convert the house at 400 St. James Avenue from a 1-family to a 2-family status, to be used as a rental property.

The reasons are:

1. The decision made on February 10, 2009, was based on incomplete information;
2. Neighbors were given no prior notice;
3. In the fall of 2005, McKnight Neighborhood Council, by request of the residents of the eastern part of our neighborhood, formally petitioned the City of Springfield to change the zoning from Zone B to Zone A, in order to protect the housing stock. The City granted that request and the change was made.

This special meeting is being held today so that the McKnight Neighborhood Council can debate and decide the issue before the applicant is due to appear before the Planning Board of Appeals on the same application. [WEDNESDAY, FEB. 25 at 6 pm, City Hall, Room 220].

PRESIDENT'S REPORT: Pres. GAH informed the applicant (Mr. Perell) of the reasons for calling this special meeting (as noted above), apologized for any inconvenience, and stated that everyone will have a turn to speak. Also noted that the vote taken at the regular council meeting on Feb. 10, 2009, is printed in tonight's agenda, and is, to whit:

• "400 St. James Ave., petition for a zoning variance to convert from 1-family to 2-family; owner Ron Perell, represented by Atty. Todd Ratner; addressing the council in favor Benjamin Swan Sr.
• SG moved to support the change to a 2-family house on this one site, 400 St. James Ave.; JL seconded. Discussion:
• DP offered friendly amendment to include a caveat that the owner use his best efforts to bring the house to code and maintain the historic character of the neighborhood; amendment accepted by both SG and JL.
• GAH called the question: Votes were 5 AYE and 3 NAY. Motion passed."

MOTION: Liz Stevens moved that McKnight Neighborhood Council rescind its vote of February 10, 2009 and revisit the issue. DM seconded. Motion passed unanimously.

PRESENTATION: Pres. Gregory Hession invited Mr. Perell and Atty. Ratner to present their case, then the Council will discuss and Mr. Perell & Mr. Ratner will have rebuttal time.

• Reason for seeking 2-family variance is financial, cannot complete repairs unless he has 2-unit income; if approved he will rent, if not approved he will board up.
• Has already spent $50,000 on repairs, including roof work, 2 new kitchens, appliances, new bathrooms, flooring. (No new windows.)
• Bought in 1995, sold twice but held mortgage & neither buyer could maintain property and one had a lien placed on it; took ownership of deed in 2007; cannot sell until lien is taken off property; pursuing solution with MA Dept. of Revenue.

Council discussion:

• Denise Moccia, Chair, Housing Committee, noted work of MNC to change Zoning from Residence B (multi-family) to Residence A (single-family) dwellings, was approved by Planning Department and the City Council, Fall 2005. Effort made because McKnight District 2 does not have the protection of the Historical Commission. Change was strongly supported in the neighborhood.
• Walter Kroll, Chair, Public Safety Committee, reported on the number and nature of police calls to 400 St. James Ave. from January 1, 2007 through December 31, 2008 - over 25 serious calls in 2 years while property was under current supervision.
• Jim Boone presented a report on research he did on the property, including tax status (up to date), code violations recorded and uncorrected, no building permits on file for work being done, piling up of trash at sides and behind the building.
• Council members had chance to review Police report and Code Violation report before voting.
• Gregory Hession asked for time frame to correct code violations and if applicant is willing to do them. Mr. Ratner estimated 4 to 5 months to complete repairs. Mr. Perell replied that if he cannot get variance for a 2-family house he will board it up, but if he can get the variance he we work on it as quickly as possible.

MOTION: Denise Moccia moved to deny support by McKnight Neighborhood Council for conversion to a 2-family house at 400 St. James Ave. LS seconded. Discussion: Board members reiterated their positions. ST asked how much the house is worth today; JB estimated $30,000 - $40,000.

VOTE CALLED: Votes were 7 AYE and 2 NAY. Motion carried.

Wrap up: GAH promised to send or hand deliver result of the vote to Atty. Ratner's office and to Board of Appeals in time for tomorrow's hearing.

8:30 pm JL moved to adjourn; LS seconded. Motion passed.

Submitted by Kathryn A. Wright, Administrative Staff, 4/14/2009