City Council - Ordinance Committee

City of Chicopee City Council Ordinance Committee Members James Tillotson, Chair Fred Krampits, Vice Chair Derek Dobosz Approved 2-1-2024 Gary Labrie Jerry Roy MINUTES October 10, 2023 The following are the minutes of a public hearing held Tuesday, October 10, 2023 at 6:30 PM in the City Council Chambers, 4th Floor, City Hall, 274 Front Street, Chicopee, MA 01013 and via zoom. Members Present: Tillotson (zoom), Dobosz, Labrie, Roy Member Absent: Krampits Also Present: Councilor Laflamme, Councilor Pniak-Costello, Tim Reilly (Associate City Solicitor), Doug Ellis (City Engineer), Councilor Zygarowski, Lee Pouliot-zoom (City Planner) The meeting was called to order at 6:30 PM by Councilor Labrie. In compliance with the open meeting laws the Vice Chair asked if anyone in the audience was recording the meeting. Kristin Rivers from The Chicopee Register was recording the meeting. ITEM #1 Delete Chapter 200-5 Dumpsters Dropoff, pickup, emptying and removal of trash container dumpsters within 1,000 feet of any residential zone shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. Reasoning – MGL Chapter 111 Section 31A supersedes this City ordinance. (Laflamme) Councilor Labrie stated that the Mass General Law supersedes this ordinance. Attorney Reilly read Mass General Law Chapter 111 section 31A. He stated that the City Council cannot pass an ordinance that would conflict with this restriction. Councilor Labrie asked if anyone wishes to speak on this matter. Hearing none. Councilor Dobosz motion to close public input – Councilor Labrie 2nd the motion. 1 Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. Councilor Dobosz motion to approve – Councilor Labrie 2nd the motion. Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. ITEM #2 MANNING STREET - Travelling east – At the intersection of Dorothy Avenue - ISOLATED STOP SIGN (Pniak- Costello) Councilor Pniak-Costello stated that a resident requested this. Councilor Labrie asked if anyone wishes to speak on this matter. Hearing none. Councilor Dobosz motion to close public input – Councilor Labrie 2nd the motion. Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. 2 Councilor Dobosz motion to approve – Councilor Labrie 2nd the motion. Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. ITEM #3 RIVERS AVENUE - North (Even) Side – From Mt. Carmel Avenue to a point 70 feet easterly thereof - PARKING PROHIBITED HERE TO CORNER (Courchesne) Doug Ellis stated that this was a request from the Fire Department to safely be able to maneuver their equipment. Councilor Labrie asked if anyone wishes to speak on this matter. Hearing none. Councilor Dobosz motion to close public input – Councilor Labrie 2nd the motion. Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. Councilor Dobosz motion to approve – Councilor Labrie 2nd the motion. Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) 3  Krampits x Dobosz x Labrie x Roy x Motion passed. ITEM #4 LABELLE DRIVE - Travelling south – At intersection of Labelle Circle - ISOLATED STOP SIGN (Dobosz) Councilor Dobosz stated that the City Engineer worked on this with the residents in the area. Councilor Labrie asked if anyone wishes to speak on this matter. Hearing none. Councilor Dobosz motion to close public Input – Councilor Labrie 2nd the motion. Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. Councilor Roy motion to approve – Councilor Labrie 2nd the motion. Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. ITEM #5 BE IT ORDERED THAT the DPW install a no truck sign for Ludlow Road and be referred to the Ordinance Committee for a public hearing. (Pniak-Costello/Laflamme) 4 Councilor Pniak-Costello stated that it was recommended to send to the Ordinance Committee. She also stated that a resident of the street brings an eighteen-wheeler home with him. The street is narrow and a dead end. Doug Ellis stated that in order to install this sign a study and approval from the state is needed. He also mentioned that there are two businesses located on this street. Councilor Laflamme stated that they are not trying to hurt businesses. If the City has an ordinance in place that tractor trailers cannot park longer than one hour on the street; maybe that truck needs to be ticketed because it’s so narrow. Councilor Labrie asked if anyone wishes to speak on this matter. Hearing none. Councilor Dobosz motion to close public input – Councilor Labrie 2nd the motion. Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. Motion to postpone to the call of the chair. City Engineer to review the residents concerns and work with the Ward Councilor. Councilor Dobosz motion to postpone to the call of the chair – Councilor Labrie 2nd the motion. Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. ITEM #6 BE IT ORDERED THAT the installation of a drive-through be sent to the Ordinance Committee for a public hearing. (Dobosz/Pniak-Costello) 5 Councilor Dobosz stated that he understands that drive-thrus go through the Planning Board and SPRAC review. He stated that there are many issues with drive-thrus throughout the City. He believes that they should be regulated through a Special Permit. Councilor Pniak-Costello stated that drive-thrus are a major problem especially when they are close to residential property. Attorney Reilly stated that the state statute establishes the Planning Board as the regulator of drive-thrus. Some surrounding communities require a Special Permit for drive-thrus. He stated that that does not mean that Chicopee can go through a Special Permit process for drive-thrus. Other communities have different charters and are set up differently. Councilor Laflamme stated that drive-thrus include not just restaurants but any business that wants a drive-thru. Lee Pouliot stated that there are two issues. Regardless of whether a Special Permit could be required for a drive-thru, the Council needs to understand that drive-thrus that already exist would be legally grandfathered. The second point that he would like to make is that some communities may require a Special Permit, however, what is unusual for Chicopee is the number of Special Permits that go to the City Council. Special Permits generally run through Planning Boards or Zoning Boards of Appeal. He continued that historically, drive-thrus have been addressed in Chicopee under the Planning Board’s Site Plan Regulations. The Zoning Ordinance establishes that they are an accessory use to a primary use. They include restaurants, banks, pharmacies and one marijuana facility. He stated that the City has separate Boards and Commissions for a reason. Councilor Zygarowski requested information from surrounding communities on how drive-thrus are handled. Councilor Pniak-Costello stated that this needs to be looked at so that drive-thrus do not have a negative impact. Councilor Dobosz stated that he does not want to drive out businesses. Councilor Labrie asked if anyone wishes to speak on this matter. Hearing none. Councilor Dobosz motion to close public input – Councilor Labrie 2nd the motion. Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. Councilor Dobosz motion to postpone to the call of the chair – Councilor Labrie 2nd the motion. 6 Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. ITEM #7 Minutes – September 12, 2023 Councilor Dobosz motion to approve – Councilor Labrie 2nd the motion. Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. ITEM #8 Adjournment Councilor Dobosz motion to adjourn at 7:33 PM – Councilor Labrie 2nd the motion. Roll Call Councilor Yes No Absent Abstaine Out of d Chair Tillotson x (zoom) Krampits x Dobosz x Labrie x Roy x Motion passed. 7