Zoning Board Keeps Custody of Stop & Shop Expansion

The Zoning Board of Adjustment voted unanimously to send Stop and Shop back before them another time to ask for variances the supermarket will need to expand its store in downtown Westfield.

Attorney John H. Schmidt, Jr. argued against Stop and Shop being granted its redesign requests just by submitting its designs to the planning board.

"I think their decision was appropriate," Schmidt said after the meeting.

Karen J. Kessler, a spokeswoman for Stop and Shop said that her company would "retreat and figure out our next move" before coming back before the zoning board. 

At stake is how soon, and even if, Stop and Shop would be able to grow its operation by expanding its parking lot, preparing food in its basement, selling items outdoors and building a standing sign. The supermarket had been arguing for a C variance, which says that the uses being proposed in the expansion are already permitted in the general business zone and a decision needs to be made on the specific proposal. The C variance would move the land use decision before the planning board. The town's zoning officer has determined a D variance is needed, saying that the proposal is for new uses of the general business zone. Under this case, the zoning board would make the decision.

Howard D. Geneslaw, an attorney for Stop and Shop, lobbied that the board declare the grocery's plans suitable under the town's zoning laws.

"The laws of common sense should apply here," he said.

The board debated Stop and Shop's requests point by point and voted that they would require special consideration at a later date.

Westfield's zoning laws dictate that no business related work may be done in any basement in the zone where the Stop and Shop sits without a variance.

Board member Chris Masciale pointed out that making food in a basement was expressly prohibited by the town's ordinance.

"The board has had many applications like this in front of us over the years," he said.

Board member Andrew Wasserman said he didn't think Stop and Shop should receive different treatment.

"While any given employee may not be down there 16 hours a day, they will have employees down there that long," he said.

William E. Heinbokel, chairman of the board, said that the board needed to be consistent in its decisions.

Board member Mark Doherty said he had to think about the part of the town's zoning laws that prohibit outdoor business save for sidewalk cafes and other special exceptions. The supermarket's proposal is to display seasonal items including pumpkins, patio furniture, road salt and hay outside the building.

"Does an outdoor display constitute business? In my own definition it would be where the cash is transacted inside," he said. "I'm struggling to call an outdoor display doing business."

Boardmember Robert Burslem argued that it's not unusual for patrons to pay for items like ice inside and then pick them up outside.

"Whether it's inside of the store or outside of the store, to me it's the same thing," he said.

In the end, both men voted that items displayed outside constitute business.

Three residents came to the meeting to speak in support of Stop and Shop getting the green light to start remodeling.

Saul Drittel, who lives close to the Stop and Shop, said that the business had always been good to him doing such things as moving their fence and air conditioner to have less impact on his house.

"They've been very cooperative," he said. "And I hope this goes forward."

Bill Cariste insinuated that a competing business was behind trying to slow down Stop and Shop's progress.

"I don't think you guys are blind to what's really going on here, there's only one objector" he told the board. "They don't want to see this store expand and be successful."

Attorney Schmidt, who lobbied the board to oppose Stop and Shop's request, spent the meeting sitting next to William Sumas, executive vice president of Village Super Market Inc, which owns several ShopRite grocery stores, including the Garwood one, sitting on the town line with Westfield. When asked who he worked for, Schmidt said "a private citizen" and declined to give a name. Westfield Patch previously reported that former councilwoman Janis Weinstein hired Schmidt to oppose Stop & Shop's plan.

Jennifer Buurma lobbied for Stop and Shop's expansion on the grounds that it would be good for the community.

"I don't feel like this is about the people of Westfield," she said. "It's like these two companies are at war with each other."

Schmidt asked the board to strike her comments from the record.