Zoning changes for Plaza roundly approved
Published on July 30th, 2003
STONEHAM, MA - 670 people packed into the balcony and auditorium floors of Town Hall and unanimously approved two warrant articles Monday night that will keep the Montvale Plaza in existence.
Specifically, citizens voted to accept Warrant Article 3, which will amend Stoneham's bylaws to rezone the Commercial One district to allow banquet halls. The townspeople also approved Warrant Article 4, which will allow banquet halls in the district to obtain offsite parking.
Speaking on behalf of Montvale Plaza owner Marty Murphy, Woburn attorney and Stoneham School Committee member Daniel Moynihan explained to the Special Town Meeting gathering that two recent court decisions ruled that the Montvale Plaza wasn't allowed to operate as a function hall.
"As a result of that decision, the fate of the Montvale Plaza now rests with you, the people of Stoneham," explained Moynihan, referring to a Massachusetts Land Court case brought about by Montvale Place owner Curt R. Feuer.
Adding that the court rendered its decision because the Plaza was built larger than its 1964 site plan allowed, Moynihan told the audience that Murphy should be absolved from an action he had no part in.
"Warrant Articles 3 and 4 present an issue of equity and an issue of hardship to a local businessman who had nothing to do with the changes in the site plan which were made 39 years ago," commented Moynihan, whose presentation was met with the thunderous applause, hollers, and whistles of the citizen turnout.
Despite the passage of the two warrant articles, Montvale Plaza will not be officially allowed to operate in town until it receives both regular and special site plan approvals from the Town's Board of Selectmen and Planning Board.
Although neither Feuer or Stoneham Attorney Charlie Houghton attended last night's meeting, Houghton still contends that last night's decision changes nothing about his client's concerns with parking shortages at the Plaza.
"I don't know that it changes anything as far as a solution. We were under the assumption all along that he could get a zoning change. I had no doubts that was going to happen last night," Houghton remarked.
"Marty has to come up with a site plan. Until he comes up with a site plan showing what parking he has, we can't assume anything. It's just like his building isn't there from a zoning standpoint," the attorney added.
Houghton also didn't rule out the possibility that his client could challenge the passage of Article 4 on the grounds that it in effect grants spot zoning to the Plaza, an act prohibited by Massachusetts State Law.
"I don't know if my client wants to go down that road. We'll see. I think it could be spot zoning though I know (Town Counsel Bill) Solomon disagrees," said Houghton.
While Solomon refused to comment on the legality of Article 4, Moynihan disagreed with Houghton's interpretation.
"I don't think there's been any singling out of any particular land parcel, which is the grounds for spot zoning. I certainly spoke to the article from the Montvale Plaza standpoint, but its a change to the entire commercial district for banquet halls. It just so happens that there's only one function hall in the district, but there's nothing that precludes another banquet hall in the district from applying for off-site parking," said Moynihan.
In an extraordinary show of support for passage of the warrant articles, dozens of picketers blanketed Main Street and Central Street hours before the meeting, carrying signs reading, "Save Jobs. Save Town Revenue. Save Montvale Plaza. Vote yes on Articles 3 and 4."
In addition to those supporters, the Town's Board of Selectmen, Finance and Advisory Board, Planning Board and Town Administrator all favored passage of the two articles.
According to Murphy, who claims he bussed nearly 250 persons from the Plaza to Town Hall at his own expense, even his eleven-year-old daughter Stephanie got involved, carrying a hand written sign that implored people to, "Save My Dad's Job".
"If you see your daughter who's eleven years old giving support like that, you have to say to yourself, 'I have to get through this'. Life is a long hard bumpy road, but if you handle things right, you're going to get through it," exclaimed a relieved and grateful Murphy.
"Family and friends are a major part of anybody's life and if you don't believe in that, you should look at what happened on July 28. I'm deeply indebted to all the people of Stoneham and if anybody ever needs my help, I'm here 24-7 for them," added Murphy, who realizes that he still has much work to accomplish before his business is officially on the right track again.
Saying that he hopes he can work out some type of solution to his neighbors concerns with parking, Murphy also expressed his disappointment with Houghton and Feuer's absence Monday night.
"I wish Charlie Houghton and Mr. Feuer were there to speak to the townspeople. They should have been there to answer the concerns of Stoneham's citizens and explain what was happening...Charlie spoke very highly of me in the paper and I have a lot of respect for Charlie. I just hope we can mend our differences and work out some type of compromise between neighbors," Murphy said.
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