Judge supports Hampden Planning Board against 16 Somers Rd. self-storage

March 1, 2023 | Sarah Heinonen
sheinonen@thereminder.com

HAMPDEN — A Superior Court justice has found in favor of the Hampden Planning Board in a court case that was brought after a self-storage facility at 16 Somers Rd. was denied a special permit by the town in December 2021.

On Feb. 17, Justice of the Superior Court Michael Cahillane issued a summary judgement on the case. He based his decision on the argument of two Planning Board members, Heather Beattie and Christina Brodeur, who voted against the special permit. He noted that the two had referenced in their reasoning subsection 10.21.3 of the town’s zoning bylaws, which specifically states that one purpose for the special permit process is “to protect the rural character, aesthetic qualities, natural, environmental, and historical features, and property values of neighboring properties and the town.”

Cahillane described Planning Board member Heather Beattie’s case for the preservation of the area’s character as “thoroughly detailed” and based on subsection 7.71, which limits “impact on community character and neighboring properties.” Similarly, Cahillane said Brodeur’s use of the subsection 7.72.4 requirement that architectural designs be “compatible with the rural/historical character and scale of building in the neighborhood,” was “proper.”

The justice noted that basing decisions on aesthetics is “well established” and cited cases in which it has been used in the past.

Hampden Town Administrator Bob Markel said the town had no comment. Attorney Raipher Pellegrino, representing 16 Somers Rd. LLC., said that his team had filed an appeal of the judge’s decision and expected the appeal process to last about a year.

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