“It isn’t a hardship just because you have a preference for something — maybe I might sell more hot dogs or I might have more people come in to an ATM machine because it’s where I like to see it.””

Attorney Michael Harrington

“The bank’s number one concern when locating these kiosks, the goal is line-of-sight, visibility.””

Jake Modestow, civil engineer

Proposed ATM site
655 State Road
Westport, MA
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WESTPORT — In a ‘David vs. Goliath’ (Westport Federal Credit Union vs., Bank of America) bank ATM skirmish, David is the winner — of round one anyway.

With the board poised to vote last week on Bank of America’s request to put a stand-alone ATM kiosk alongside Route 6 in the 655 State Road shopping center parking lot, Bank of America’s spokesman abruptly asked to withdraw the application ‘without prejudice.’

To win its request for a variance, Bank of America needed a super majority — approval by four out of five voting board members — and Jake Modestow, a civil engineer with Stonefield Engineering, evidently guessed that such a vote would not go well for his client (Bank of America).

By withdrawing without prejudice, the applicant may reapply at any time; had the variance request been defeated, the applicant would have had to wait two years before reapplying.

The board voted unanimously to accept the withdrawal.

Bank of America wanted to put a two-ATM walk-up kiosk in the parking lot near the front entrance to the small shopping center that (including a connected parking area) is home to around five businesses including the post office, a pizza parlor and Westport Federal Credit Union with drive-throughs.

Bank of America used to have a branch nearby on Route 6 in Westport but closed that building in June.

The parking lot location proposed by Bank of America would have required a variance to allow the structure to be placed 9 feet 3 inches closer to the front property line than the required 25 feet.

“The bank’s number one concern when locating these kiosks, the goal is line-of-sight, visibility,” Mr. Modestow said, adding that such a kiosk is a permitted use in a business district such as this. 

ATMs “act more as a sign,” he said, and there are many other signs nearby, including one for Westport Federal Credit Union, that are closer to Route 6 than 25 feet.

The area is zoned for business, he said, that part of the parking lot is “underutilized,” the kiosk would not require eliminating any parking spaces, and the almost triangular shape of the lot limits location options.

A variance requires showing ‘hardship,’ board Chairman Roger Menard said — things like topography, soil, ledge …

The request “doesn’t quite fly as a hardship,” Mr. Menard said. “You’re saying it is a hardship because if you put it somewhere else you can’t see it” from Route 6.

“The other issue I have is that it’s right at the entrance to that little shopping mall” and that is going to interfere with parking, traffic and safety.

“I know there are times that that lot is pretty well utilized and having a kiosk right in the front I think is a major safety issue.”

There will be no removal of parking spaces, Mr,. Modestow replied, and safety should be enhanced by enabling motorists to see the ATM from a distance rather than attempting to turn in at the last moment.

Neighbor Cindy Assad wrote to the board that the neighborhood is already being harmed by the town’s permitting of a dance studio in their midst. To add an ATM when “we have a bank with an ATM just feet away is ridiculous.” People live in Westport for its beauty, “not because they want Route 6 to look like downtown Fall River.”

Board member Barbara Pontotolilo said the plan might actually enhance safety within the parking lot by slowing drivers down. “I’ve been in that parking lot where people cut every which way.”

Was there any consideration given to putting it in the other corner by the post office, board member Peter Borden asked.

Doing so would not have provided the visibility that Bank of American needs, Mr. Modestow said.

Attorney Michael Harrington, representing Westport Federal Credit Union in what he likened to a “David vs. Goliath” matter, said, “It isn’t a hardship just because you have a preference for something — maybe I might sell more hot dogs or I might have more people come in to an ATM machine because it’s where I like to see it.”

“It’s almost like we prefer, because we are the big company, that we want to have our sign on the road — but that’s not a hardship, it’s a business decision,” Mr. Harrington added.

“We expected the credit union to be here” at the meeting. Mr. Modestow replied. There are a total of 77 parking spaces in the adjoining lots, and with this plan adding a space and realigning things, “they (the credit union) actually become a benefactor” parking wise.

Veronica Beaulieu, chairwoman of the Westport Housing Authority said she is concerned for the safety of the seniors citizens who live in the 48 units of housing across the street. There would be much better security for them if this was a ‘walk-in’ rather than a ‘walk up’ sort of ATM. “We’ve had a lot of police incidents in that area.”

Tony Cestodio, chairman of the credit union and a retired police detective, took issue with the description of that part of the lot as “under-utilized.” It is actually quite busy, he said, with both pedestrians and vehicles, especially after work.

When the hearing was closed to public comment, Chairman Menard repeated his objections.

“I can’t for the life of me see a hardship other than a business hardship that Bank of America wants to have a sign right on Route 6.”

He added that it will also be a safety hazard having “that kiosk right at the entrance” where it could cause traffic to back onto Route 6.