Both the Law Department and City Clerk Wayman Lee have challenged the legality of the council vote granting 777 Cyber Center a permit.
The Springfield City Council has granted a special permit for the 777 Cyber Center at the Five Town Plaza on Cooley Street. The vote was a reconsideration of a vote in May when the permit for the business failed by one vote. The Outer Belt Civic Association has threatened to file a court appeal.SPRINGFIELD – A neighborhood association has threatened to file a court appeal in response to the City Council’s approval of a cyber cafe on Cooley Street, saying the council process was a “political fiasco.”
The Outer Belt Civic Association filed a letter with city councilors this week, objecting to the council vote on Monday, which granted the special permit for the 777 Cyber Center. The vote was a reconsideration of an earlier vote in May when the permit for the business at Five Town Plaza failed by one vote.
Both the Law Department and City Clerk Wayman Lee have challenged the legality of the council vote. The Law Department and Lee said reconsideration of a special permit is not permitted for a two-year period, under state law.
“This has become a political mess,” said Outer Belt letter stated. “When we have a City Council not listening to our law department and city solicitor then there is a serious breach to the laws that govern and the people who are supposed to be following the law. The integrity of the City of Springfield is in question.”
The Outer Belt association had objected to the permit for the business, also known as an Internet cafe, saying it had concerns about gambling, parking, and its impact on a residential area.
The business plans to have 30 computer terminals where patrons can connect to the Internet and Internet games and “sweepstakes” by purchasing Internet time.
Timothy RookeCouncilor Timothy J. Rooke, who called for reconsideration, said such a move is permitted by council rules for any matter if reconsideration is called for immediately after the vote. That reconsideration occurs at the next council meeting, he said.
In addition, he said the concerns about the cyber cafe raised by the association were unfounded because the business is not a gambling facility, would not create parking problems, and posed no nuisance to residents.
The neighborhood council letter accuses Rooke of having a conflict of interest because the business was initially represented by his brother, Thomas Rooke.
Timothy Rooke said he disclosed that his brother was the lawyer. In addition, the business changed lawyers after the first hearing in April, he said.
The council approved the permit by a 10-3 vote Monday, opposed by Councilors Clodovaldo Concepcion, Michael A. Fenton and Melvin Edwards.
The prior vote, May 20, was 8-4 in favor of the permit, one vote shy of the two-thirds vote needed to approve a permit. Concepcion, Fenton, Edwards and E. Henry Twiggs were opposed, and Councilor Amaad I. Rivera was absent.
Walter Gould, president of the Outer Belt association, and Mary Dionne, vice president, filed the letter with city councilors warning that it could appeal the decision unless the permit approval is deemed invalid.
Lee said he will not issue the special permit until he confers next week with the city solicitor. A 20-day appeal period does not begin until the permit is issued.
The appeal can be filed with the local Housing Court or Superior Court, or Land Court in Boston, he said.
Gould said the association will not act until the solicitor and city clerk decide on any course of action.
Gould said the reconsideration of this permit sets a precedent for future permits.
The association stated that it’s also concerned that more than 20 proposed conditions were not voted on.
Timothy Rooke said he believes the council vote included adoption of the conditions, which are aimed at meeting neighborhood concerns and supported by the petitioner, Jennifer Burritt.
“The whole process from the beginning has been flawed,” the Outer Belt letter stated. “This process should have set the precedent for how the city will handle the request for Special Permits. Instead it has turned into a political fiasco.”