GREENFIELD — The court appeal of a planned “big box” project on French King Highway could be affected by the zoning changes being considered in exchange for votes for a new library — at least according to the man who has led opposition to the department store project for years.
Albert Norman, a nationally known opponent of chain stores like Walmart, has worked behind the scenes with neighbors who are appealing the city’s approval of a site plan for a department store project in the former Mackin gravel pit near the Route 2 bypass.
The proposed zoning changes before the Planning Board would ease restrictions on commercial development along French King Highway, including the 135,000-square-foot store at issue in the court case.
Norman says that if the zoning in that area changes, it could weaken the case that is being made against the 2011 Greenfield Planning Board decision.
“We don’t know if there is going to be an overlay zone, so obviously it has an impact on the case,” Norman said, after consulting the attorneys on the case this week. “How great? We’ll find out.”
He said that the overlay zone that controls development on French King Highway is a “key element” to his argument against the Planning Board approval, in part because the land is supposed to be an attractive and green entryway to Greenfield. If the land is not a part of the overlay district anymore, “it eliminates some points that we want to make about why this argument is arbitrary and capricious,” Norman said.
The case has been viewed as one reason that a big box store like a Walmart has not been able to open a store on that land just up the road and across the street from the Stop & Shop.
Last week, City Council President Karen “Rudy” Renaud presented a deal in which she would trade two zoning changes for a vote on a proposed $19.5 million library. The zoning changes would amend citywide major development reviews and remove a majority of the French King Highway overlay district restrictions.
The deal was struck with At-Large Councilor Isaac Mass to garner the his swing vote needed to approve the library, which is dependent on a $9.4 million state grant; the city needs to vote on a new library before the April 30 deadline to accept the state grant.
Norman implied Mass knew his zoning change would potentially help the big box developers and hurt the appeal.
Mass contested this assumption and said he did not think the proposal would adversely impact the appeal.
“He shouldn’t have any concerns about that case since he’s not a party,” Mass, an attorney, said. “He’s sticking his nose in other people’s business.”
The trial is set for March 25, with a pretrial conference on March 4, while a potential vote on the zoning changes and a vote to approve the new public library could happen on March 20.
Reach Joshua Solomon at:
jsolomon@recorder.com or
413-772-0261, ext. 264