City Council - Ordinance Committee

CHICOPEE CITY COUNCIL ORDINANCE COMMITTEE APPROVED 8-28-2013 Members James Tillotson, Chairman Donald Demers, Vice-Chairman Robert J. Zygarowski Frank Laflamme Timothy McLellan MINUTES June 11, 2013 The following are the minutes of a public hearing held Tuesday, June 11, 2013 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present : Tillotson, Laflamme, Demers, Zygarowski Members Absent: McLellan Also Present : Daniel Garvey (Associate City Solicitor), Councilor Swider, Frank Czepiel (Commission for Disabled) The meeting was called to order at 6:30 PM. ITEM #1 BE IT ORDAINED by the City Council that the Code of the City of Chicopee for the Year 1991, as amended be and hereby is further amended as follows: Chapter 275-70 Medical Marijuana Facilities A. Purposes (1) To provide for the establishment of Medical Marijuana Facilities in appropriate places and under strict conditions in accordance with the passage of The Acts of 2012, Chapter 369 entitled “An Act for the Humanitarian Use of Marijuana. (2) To minimize the adverse impacts of Medical Marijuana Facilities on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said Facilities. (3) To regulate the siting, design, placement, safety, monitoring, modification, and removal of Medical 1  Marijuana Facilities. B. Applicability (1) The cultivation [unless it meets the requirements for an agricultural exemption under Chapter 40A Section 3], production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use is prohibited unless permitted as a Medical Marijuana Facility under this Section. (2) No Medical Marijuana Facility shall be established except in compliance with the provisions of this Section. (3) Nothing in this Ordinance shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs. (4) If any provision of this Section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Section are severable. C. Definitions (1) Medical Marijuana Facility – A facility for the cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use, located inside a structure or building. (2) Marijuana for Medical Use – Marijuana that is designated and restricted for use by, and for the benefit of, Qualifying Patients in the treatment of Debilitating Medical Conditions as set forth in The Acts of 2012, Chapter 369 entitled “An Act for the Humanitarian Use of Marijuana. (3) Marijuana – The same substance defined as “marihuana” under Chapter 94C of the Massachusetts General Laws. D. Eligible Locations for Medical Marijuana Facilities. (1) Medical Marijuana Facilities, other than agricultural operations meeting exemption standards under Chapter 40A Section 3, may be allowed by Special Permit of the Chicopee City Council in the Industrial Zoning District provided the facility otherwise meets the requirements of this Section. E General Requirements and Conditions for all Medical Marijuana Facilities. (1) All non-exempt Medical Marijuana Facilities shall be contained within a building or structure. (2) No Medical Marijuana Facility shall have a gross floor area of less than 2,500 square feet or in excess of 20,000 square feet. (3) A Medical Marijuana Facility may not be located in buildings that contain any medical doctor’s offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana. (4) The hours of operation of Medical Marijuana Facilities shall be set by the Special Permit Granting Authority, but in no event shall said Facilities be open and/or operating between the hours of 8:00 PM and 8:00 AM. (5) No Medical Marijuana Facility shall be located within 300 feet of a residential zoning district. (6) No Medical Marijuana Facility shall be located within 1000 feet of any of the following structures or uses: 2  (a) any school attended by children under the age of 18; (b) any licensed child care facility; (c) any drug or alcohol rehabilitation facility; (d) any correctional facility, half-way house, or similar facility; (e) any other Medical Marijuana Facility. (7) No Medical Marijuana Facility shall be located within 500 feet of a pre-existing church, school, park, playground, play field, youth center or other location where groups of minors regularly congregate. (8) No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a Medical Marijuana Facility. (9) No Medical Marijuana Facility shall be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck. (10) Signage for the Medical Marijuana Facility shall include the following language: “Registration card issued by the MA Department of Public Health required.” The required text shall be a minimum of two inches in height. (11) Medical Marijuana Facilities shall provide the Chicopee Police Department and Building Commissioner with the names, phone numbers and email addresses of all management staff and keyholders to whom one can provide notice if there are operating problems associated with the establishment. F. Special Permit Requirements (1) A Medical Marijuana Facility may only be allowed by special permit from the Chicopee City Council in accordance with G.L. c. 40A, §9, subject to the following statements, regulations, requirements, conditions and limitations. (2) A special permit for a Medical Marijuana Facility shall be limited to one or more of the following uses that shall be prescribed by the Special Permit Granting Authority: (a) cultivation of Marijuana for Medical Use (horticulture) [special permit not required for sites meeting agricultural exemption standards found in Chapter 40A Section 3]; (b) processing and packaging of Marijuana for Medical Use, including Marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products; (c) retail sale or distribution of Marijuana for Medical Use to Qualifying Patients; (d) wholesale sale of Marijuana for Medical Use to other Medical Marijuana Facilities located in Chicopee or in another municipality in Massachusetts or elsewhere. (3) In addition to the application requirements set forth in Sections E and F of this Ordinance, a special permit application for a Medical Marijuana Facility shall include the following: (a) the name and address of each owner of the facility; (b) copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the Facility; (c) evidence of the Applicant’s right to use the site or structure such as a deed, or lease; (d) if the Applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly- 3  situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals; (e) a certified list of all parties in interest entitled to notice of the hearing for the special permit application, taken from the most recent tax list of the City of Chicopee and certified by the Office of the Assessor; (f) Proposed security measures for the Medical Marijuana Facility, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft. (4) Mandatory Findings. The Special Permit Authority shall not issue a special permit for a Medical Marijuana Facility unless it finds that: (a) the Facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in G.L. c. 40A, §11; (b) the Facility is fully permitted by all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all applicable state laws and regulations; and (c) the applicant has satisfied all of the conditions and requirements of Sections E and F herein; (d) the applicant has satisfied all of the special permit requirements as outlined in Chapter 275 of the Ordinances of the City of Chicopee (5) Annual Reporting. Each Medical Marijuana Facility permitted under this Ordinance shall as a condition of its special permit file an annual report to and appear before the Special Permit Granting Authority no later than January 31st, providing a copy of all current applicable state licenses for the Facility and/or its owners. (6) A special permit granted under this Section shall have a term limited to the duration of the applicant’s ownership of the premises as a Medical Marijuana Facility. A special permit granted under this Section shall run with the applicant only and may be transferred only with the approval of the Special Permit Granting Authority in the form of an amendment to the special permit along with all information required in this Section. (7) Any violation of this Section shall be grounds for revocation of a special permit issued under this Section. G. Waiver (1) The City Council, when granting a special permit under this Section, may waive setback requirements as outlined in Section E above, provided the applicant submits its request in writing and can demonstrate the proposed site will not have an adverse effect upon the surrounding neighborhood. The City Council reserves the authority to require the applicant to produce necessary documentation to support its position. Further, a waiver of setback requirements shall require both the affirmative vote of three-fourths of all of the members of the City Council and shall require a separate vote apart from the main vote on the proposed site. H. Abandonment or Discontinuance of Use (1) A special permit granted under this Section shall lapse if not exercised within one year of issuance. (2) A Medical Marijuana Facility shall be required to remove all material, plants equipment and other paraphernalia: 4  (a) prior to surrendering its state issued licenses or permits; and (b) within six months of ceasing operations. The committee made the following changes (in red) to the proposed ordinance as requested by Kate Brown: BE IT ORDAINED by the City Council that the Code of the City of Chicopee for the Year 1991, as amended be and hereby is further amended as follows: Chapter 275-70 Medical Marijuana Facilities A. Purposes (1) To provide for the establishment of Medical Marijuana Facilities in appropriate places and under strict conditions in accordance with the passage of The Acts of 2012, Chapter 369 entitled “An Act for the Humanitarian Use of Marijuana. (2) To minimize the adverse impacts of Medical Marijuana Facilities on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said Facilities. To regulate the siting, design, placement, safety, monitoring, modification, and removal of . Applicability (1) The cultivation [unless it meets the requirements for an agricultural exemption under Chapter 40A Section 3], production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use is prohibited unless permitted as a Medical Marijuana Facility under this Section. (2) No Medical Marijuana Facility shall be established except in compliance with the provisions of this Section. (5) Nothing in this Ordinance shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs. (6) If any provision of this Section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Section are severable. C. Definitions (4) Medical Marijuana Facility – A facility for the cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use, located inside a structure or building. (5) Marijuana for Medical Use – Marijuana that is designated and restricted for use by, and for the benefit of, Qualifying Patients in the treatment of Debilitating Medical Conditions as set forth in The Acts of 2012, Chapter 369 entitled “An Act for the Humanitarian Use of Marijuana. (6) Marijuana – The same substance defined as “marihuana” under Chapter 94C of the Massachusetts General Laws. 5 D. Eligible Locations for Medical Marijuana Facilities. (2) Medical Marijuana Facilities, other than agricultural operations meeting exemption standards under Chapter 40A Section 3, may be allowed by Special Permit of the Chicopee City Council in the Industrial Zoning District provided the facility otherwise meets the requirements of this Section. E General Requirements and Conditions for all Medical Marijuana Facilities. (1) All non-exempt Medical Marijuana Facilities shall be contained within a building or structure. (2) No Medical Marijuana Facility shall have a gross floor area of less than 2,500 square feet or in excess of 20,000 square feet. (3) A Medical Marijuana Facility may not be located in buildings that contain any medical doctor’s offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana. (4) The hours of operation of Medical Marijuana Facilities shall be set by the Special Permit Granting Authority, but in no event shall said Facilities be open and/or operating between the hours of 8:00 PM and 8:00 AM. (5) No Medical Marijuana Facility shall be located within 300 feet of any residence or residential zoning district. This includes overlay zoning districts that allow residential uses provided that a permit for residential use has been approved prior to the application for a Medical Marijuana Facility Special Permit. (6) No Medical Marijuana Facility shall be located within 1000 feet of any of the following pre- existing structures or uses: (a) any school attended by children under the age of 18; (b) any licensed child care facility; (c) any drug or alcohol rehabilitation facility; (d) any correctional facility, half-way house, or similar facility; (e) any other Medical Marijuana Facility. (7) No Medical Marijuana Facility shall be located within 500 feet of the following pre-existing structures or uses: (a) any church; (b) any school; (c) any park; (d) any playground; (e) any play field; (f) any youth center; (g) or any other location where groups of minors regularly congregate. (8) No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a Medical Marijuana Facility. 6  (9) No Medical Marijuana Facility shall be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck. (10) Signage for the Medical Marijuana Facility shall include the following language: “Registration card issued by the MA Department of Public Health required.” The required text shall be a minimum of two inches in height. (11) Medical Marijuana Facilities shall provide the Chicopee Police Department and Building Commissioner with the names, phone numbers and email addresses of all management staff and keyholders to whom one can provide notice if there are operating problems associated with the establishment. F. Special Permit Requirements (1) A Medical Marijuana Facility may only be allowed by special permit from the Chicopee City Council in accordance with G.L. c. 40A, §9, subject to the following statements, regulations, requirements, conditions and limitations. (2) A special permit for a Medical Marijuana Facility shall be limited to one or more of the following uses that shall be prescribed by the Special Permit Granting Authority: (a) cultivation of Marijuana for Medical Use (horticulture) [special permit not required for sites meeting agricultural exemption standards found in Chapter 40A Section 3]; (b) processing and packaging of Marijuana for Medical Use, including Marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products; (c) retail sale or distribution of Marijuana for Medical Use to Qualifying Patients; (d) wholesale sale of Marijuana for Medical Use to other Medical Marijuana Facilities located in Chicopee or in another municipality in Massachusetts or elsewhere. (3) In addition to the application requirements set forth in Sections E and F of this Ordinance, a special permit application for a Medical Marijuana Facility shall include the following: (a) the name and address of each owner of the facility; (b) copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the Facility; (c) evidence of the Applicant’s right to use the site or structure such as a deed, or lease; (d) if the Applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly- situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals; (e) a certified list of all parties in interest entitled to notice of the hearing for the special permit application, taken from the most recent tax list of the City of Chicopee and certified by the Office of the Assessor; (f) Proposed security measures for the Medical Marijuana Facility, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft. (4) Mandatory Findings. The Special Permit Authority shall not issue a special permit for a Medical Marijuana Facility unless it finds that: 7  (a) the Facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in G.L. c. 40A, §11; (b) the Facility is fully permitted by all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all applicable state laws and regulations; and (c) the applicant has satisfied all of the conditions and requirements of Sections E and F herein; (d) the applicant has satisfied all of the special permit requirements as outlined in Chapter 275 of the Ordinances of the City of Chicopee (5) Annual Reporting. Each Medical Marijuana Facility permitted under this Ordinance shall as a condition of its special permit file an annual report to and appear before the Special Permit Granting Authority no later than January 31st, providing a copy of all current applicable state licenses for the Facility and/or its owners. (6) A special permit granted under this Section shall have a term limited to the duration of the applicant’s ownership of the premises as a Medical Marijuana Facility. A special permit granted under this Section shall run with the applicant only and may be transferred only with the approval of the Special Permit Granting Authority in the form of an amendment to the special permit along with all information required in this Section. (7) Any violation of this Section shall be grounds for revocation of a special permit issued under this Section. G. Waiver (1) The City Council, when granting a special permit under this Section, may waive setback requirements as outlined in Section E above, provided the applicant submits its request in writing and can demonstrate the proposed site will not have an adverse effect upon the surrounding neighborhood. The City Council reserves the authority to require the applicant to produce necessary documentation to support its position. Further, a waiver of setback requirements shall require both the affirmative vote of three-fourths of all of the members of the City Council and shall require a separate vote apart from the main vote on the proposed site. H. Abandonment or Discontinuance of Use (3) A special permit granted under this Section shall lapse if not exercised within one year of issuance. (4) A Medical Marijuana Facility shall be required to remove all material, plants equipment and other paraphernalia: (a) prior to surrendering its state issued licenses or permits; and (b) within six months of ceasing operations. (3) Medical Marijuana Facilities. Committee vote 4 – 0 favorable. Motion to take #5 out of order. Motion passed. 8  ITEM #2 Springfield Street West side between Howard Street and Pheasant Street BUS PARKING ONLY between 1:30 PM – 3:00 PM – Monday – Friday Committee vote 4 – 0 favorable. ITEM #3 ZONE CHANGE to amend Flood Plain Overlay District (Chicopee City Code Chapter 275-64) boundaries* on the following numbered zoning maps for the purpose of displaying changes to flood hazard zones designated as A or AE on the Hampden County Flood Insurance Maps for Chicopee issued by the Federal Emergency Management Agency (FEMA) effective date July 16, 2013. Abbey Memorial Brook, Map 66; Northern bank of the Chicopee River, Maps 99, 100, 157, 183, 184, 189, 200, 201, 204 and 229; Eastern bank of the Connecticut River, Maps 12, 13, 19, 26, 35, 46, 60, 95, 581, 604, 605, 626 and 686. *Amendments to an overlay district do not affect the underlying zoning. Motion made to approve as recommended by the Zoning Committee. Committee vote 4 – 0 favorable. ITEM #4 BE IT ORDAINED by the City Council that the Code of the City of Chicopee for the Year 1991, as amended be and hereby is further amended as follows: Delete in its entirety Chicopee City Code Chapter 275-64 “Flood Plain Overlay District” And insert in place thereof Chicopee City Code Chapter 275-64 “Flood Plain Overlay District.” § 275-64. Floodplain Overlay District. A. Purpose. The purpose of the Floodplain District is to promote sound management and appropriate use of land subject to periodic flooding; to protect the public health and safety of persons and property against the hazards of flooding; and to ensure the City's compliance with the rules and regulations of the Federal Insurance Administration so as to assure the City's continued eligibility for participation in the National Flood Insurance Program. All development projects, including public and private utilities and facilities, drainage, and infrastructure, must be designed to minimize and reduce exposure to flood damage. B. Floodplain District Boundaries, Base Flood Elevation and Floodway Data The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the City of Chicopee designated as Zone A or AE on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Hampden County FIRM that are wholly or partially within the City of Chicopee are panel numbers 25013C0192E, 25013C0194E, 25013C0203E, 25013C0204E, 25013C0208E, 25013C0209E, 25013C0211E, 25013C0212E, 25013C0213E, 25013C0214E, 25013C0216E, 25013C0217E, 25013C0218E, and 25013C0401E dated July 16, 2013. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Hampden County Flood Insurance Study (FIS) report dated July 16, 9  2013. The FIRM and FIS report are incorporated herein by reference and are on file with the Department of Planning and Development. (2) Base Flood Elevation and Floodway Data (a) In Zones A and AE along watercourses that have a designated regulatory floodway, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. (b) In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, Local or other floodway data shall be used to prohibit encroachments in flood ways which would result in any increase in flood levels within the communities during the occurrence of the base flood discharge. (c) Base Flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones. C. Regulations: Existing, Uses. (1) Existing Regulations (a) The Floodplain Overly District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General laws and with (i)-(iv) as follows. Any variance for the provisions and requirements of the below referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. (i) Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas; (ii) Wetlands Protection Regulations, Department of Environmental Protection (DEP), 310 CMR 10:00; (iii) Inland Wetlands Regulations, Department of Environmental Protection (DEP), 310 CMR 13:00; (iv) Minimum Requirements for Subsurface Disposal of Sanitary Sewage, Department of Environmental Protection (DEP) 310 CMR 15, Title 5. (3) Use Regulations: the following uses shall be permitted within the Floodplain District: (a) Conservation of soil, water, plants and wildlife, including wildlife management shelters. (b) Outdoor recreation, including but not limited to play areas, nature study, boating, fishing and hunting where otherwise legally permitted. (c) Foot, bicycle or horse paths and bridges, provided that such uses do not affect the natural flow pattern of any watercourse. (d) Agriculture of all types. (e) Forestry, landscaping, lawns and fences. 10  (f) Uses allowed in the underlying district, except mobile homes and mobile home parks and subject to the conditions in Subsections D through G. D. Building permits. In the Floodplain District, a building permit may be granted for the construction or substantial improvement of any use or structure, subject to the following conditions: (1) All new construction, substantial improvement or other development, including fill, is prohibited in the floodway. Boat marinas and other accessory uses to water recreation may be allowed, provided that such construction must not raise the base flood level nor impede the flow of the one-hundred-year flood. (2) Any permitted structures and any portable structures, vehicles or vessels which are permitted shall be fully anchored against both flotation and currents. (3) When base flood data has not been provided in accordance with Subsection B, the Building Commissioner shall obtain, review and reasonably utilize any base flood elevation data available from federal, state and other sources as criteria for meeting the standards of this section. E. No development shall take place in any flood hazard district until all necessary local, state and federal permits have been obtained and evidence of such permits has been submitted to the Building Commissioner. F. Utilities. (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters. (3) On-site waste disposal systems shall be located to avoid impairment or contamination from them during the flooding. G. Site plan approval. The purpose of this review is to determine the viability of projects proposed in flood hazard districts. Viable projects are then subject to all applicable federal, state and local approvals and permits including but not exclusive of Planning Board Subdivision Regulations and Chicopee City Code Chapter 275-6 Site Plan Review regulations. (1) Seven copies of a site plan at a scale of one inch equals 40 feet shall be submitted to the Department of Planning and Development. The site plan shall show the following: (a) The location, boundaries and dimensions of each lot. (b) Two-foot contours of the existing and proposed land structure. (c) The base flood elevation. (d) The location of existing and proposed structures, watercourses, drainage easements, means of access, leaching fields, drainage and sewage disposal facilities and other facilities. 11  (2) The Department of Planning and Development shall forward a copy of the site plan to the City Engineer, Highway Department, Water Department, Department of Planning and Development, Electric Light Department and Conservation Commission for review. The Building Commissioner shall not take final action on such plan until he has received a report thereon from said Departments and Commissioners or until said Departments and Commissioners have allowed 15 days to elapse after receipt of such plan without submission of a report thereon. (3) Records of the actual elevation, in relation to mean sea level, of the lowest floor and/or level of floodproofing, as well as certification of floodproofing, shall be maintained by the Building Commissioner, to be available for public inspection. (4) The City Engineer shall provide bench marks, as needed, when requested by the Building Commissioner. H. Alteration of watercourses. Adjacent communities, the Pioneer Valley Planning Commission and appropriate state agencies including the Massachusetts Department of Conservation and Recreation and Federal Emergency Management Agency (FEMA), Region 1 shall be notified by the Planning Director or Development Manager prior to any alteration or relocation of a watercourse, and evidence of such notification shall be submitted to the Federal Insurance Administration. Such alteration or relocation shall not diminish the flood-carrying capacity of said watercourse. Motion made to approve as recommended by the Zoning Committee. Committee vote 4 – 0 favorable. ITEM #5 57 Call Street Handicap Parking Commission on Disabled recommended that the ordinance not be installed. Councilors, As shown in the attached photographs this address has a driveway with a handicap ramp leading to the front door. The curb on this street from the driveway to the corner consists entirely of unimpeded parking. Additionally the same can be said for the side of the lot on Skeele Street. The only noted change in the area was the construction of a home behind the Call Street address on Skeele Street. Due to the lack of an application for a “Disabled (HP) Only” sign and based upon observation of the location it is recommended that a sign NOT be installed at the 57 Call Street location. Frank Czepiel Motion made to deny. 12 Committee vote 4 – 0 favorable to deny. ITEM #6 Minutes – May 14, 2013 Motion made to approve. Motion passed. Meeting adjourned at 6:49 PM. 13