Westwood Settles with Abutters to FS1 Project, and Withdraws Support of Article 15 Proposed Zoning Amendments

At Westwood Select Board's remotely held meeting of Tuesday, May 13th, clerk Marianne LeBlanc Cummings announced, and the board unanimously approved, a settlement between the Town of Westwood and 23 residents and abutters to Fire Station 1 (FS1) on High Street, removing a significant hurdle to the town's efforts to bring the FS1 project into reality with a new fire station on High Street.

As described by Ms. Cummings, in December 2024, 23 residents and abutters had appealed the Westwood Zoning Board of Appeals decision to grant seven variances to the proposed new construction for Fire Station 1. 

Although Ms. Cummings at the end of last month had described settlement negotiations with the residents as hopeful, at the same time, the threat of litigation spurred Select Board to propose an article (Article 15) to amend the town's bylaws, which would allow all municipal public safety buildings to be exempt from virtually all town zoning requirements. That effort and article are described in the earlier version of this posting, below.

However, on Tuesday evening, Select Board quickly withdrew its support from Article 15 after announcing the settlement with residents. Select Board unanimously voted to authorize Town Counsel Pat Ahearn to discuss with the Town Moderator James O'Sullivan how to ensure that no action be taken on Article 15 at the upcoming May 19th Town Meeting.

According to Ms. Cummings, in the current settlement, the 23 residents have agreed to withdraw their appeal in exchange for the town's agreement to provide additional screening of the fire station from their views along with payments for landscaping, and payments for the residents' legal expenses.

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Editor's note: The following reflects an earlier, outdated version of this posting that was previously titled, "Westwood's FinCom Supports Funding $38.1 Million Fire Station 1, Amending Zoning Bylaw to Facilitate FS1 Project."

Following the close of Westwood's Finance and Warrant Commission's (FinCom's) public hearing of April 28, 2025, FinCom indicated its unanimous support for the construction of the $38.1 million Fire Station 1 (FS1 project), along with its strong support of Westwood Select Board's proposed amendment to the town's zoning bylaw in order to facilitate the project.

FinCom heard presentations by Select Board members and comments by the public before voting to support funding the $38.1 million project costs of FS1, which will be presented to Westwood voters to approve as Article 14 at the upcoming Town Meeting on Monday, May 19th. Construction bids came in lower than expected, bringing the final funding request down to $38.1 million from the original $43 million, said Select Board member Robert Gotti, during his presentation.

Select Board Chair Joe Previtera hammered home the point that failing to act to approve a new fire station now could be more costly than the project at hand, implying that the town has potential liability for the current station's failure to meet current code requirements and referencing the potential for project costs to rise in future years. Additionally, if the FS1 project is not approved, the town may need to spend money on expensive temporary solutions that fail to fully meet the fire department’s needs, and new station could still eventually be required.

Along with Article 14, FinCom heard members of Select Board describe a proposed amendment to Westwood's zoning bylaw. The amendment proposed by Select Board would exempt municipal public safety facilities - including but not limited to land and structures used by police and fire departments, emergency medical service providers, and public safety providers - from "all provisions" of the town's Zoning Bylaw, except for Section 7.3 (Environmental Impact & Design Review). 

Twenty-three residents and abutters have appealed the seven variances that Westwood Zoning Board of Appeals unanimously granted for the design of the proposed fire station. Negotiations between the Town of Westwood and those residents is ongoing, said Select Board Clerk Marianne LeBlanc Cummings.

Ms. Cummings described the zoning amendment as reluctantly proposed and not an ideal outcome. The board has pursued the zoning amendment in order to to ensure that potential issues of litigation with residents will not hold up the FS1 project. 

Ms. Cummings described options that the town looked at before proposing the zoning bylaw amendment. She said the town looked at "shrinking" the design of the proposed new FS1 building, but doing so would compromise public safety needs. The town looked at obtaining an easement to allow more access to the fire station property, along with the purchase of property near the fire station. Neither of these offers were agreeable to the property owners, she said.

"To not move forward now with this project, as you have heard, would be to incur very significant escalation costs at great risk to the town. This [zoning bylaw amendment] is not our preferred option," said Ms. Cummings. "It was not something that we proposed initially."

The proposed zoning bylaw amendment would still require the exempted buildings to undergo review by the Planning Board and Conservation Commission, said Ms. Cummings.

In discussing the proposed zoning bylaw amendment, one FinCom member noted that failing to vote in favor of the amendment would be to put the FS1 project at "substantial risk of not being able to execute on a timeline and a budget by not voting in favor of this zoning bylaw." 

Other discussion among FinCom members included concern with the breadth of the proposed zoning bylaw amendment, and the concern that approving the amendment may take away the town's incentive to negotiate with the residents in litigation over issues of current zoning.

In the end, FinCom voted to support Select Board's proposal, 10-2-1, with ten members voting in favor, two opposed, and one abstaining. The zoning bylaw amendment will be presented to Westwood resident-voters with FinCom's blessing as Article 15 in the Warrant book and at Town Meeting.

The next step in the approval process for FS1 is at Town Meeting, scheduled for Monday, May 19, 2025. If voters approve Article 14 to fund a new fire station, residents would then proceed to a town-wide ballot vote on Tuesday, June 3, 2025 on the question of whether to allow the borrowing to proceed as a debt exclusion.

Town officials are encouraging residents to learn more about the FS1 Project by visiting https://www.townhall.westwood.ma.us/our-town/town-improvement-projects/fire-station-1-project.

Thanks to reader Kathy Wallace for contributing information to this Westwood Minute article.

Updated 5/14/2025 at 8:50 a.m, 4:30 p.m, 9:40 p.m.

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You may also be interested in reading:

- With Permitting Hurdles Cleared, Town of Westwood Advances Plans for New Fire Station 1

- Westwood Zoning Board Approves Variances and Special Permits for Fire Station 1 at Existing High Street Location

- Town of Westwood Makes the Case for Funding a New Fire Station 1 in Advance of Imminent FinCom Public Hearing

- Town of Westwood Advances Plans for New Fire Station 1