City Council - Zoning Committee

CHICOPEE CITY COUNCIL ZONING COMMITTEE ACCEPTED ZONING COMMITTEE MEMBERS John Vieau, Chairman Shane Brooks, Vice Chairman Timothy McLellan James Tillotson Frank Laflamme Gerry Roy Fred Krampits MINUTES February 11, 2014 The following are the minutes of a public hearing held Tuesday, February 11, 2014 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Brooks, McLellan, Tillotson, Laflamme, Roy, Krampits Members Absent Vieau Also Present Daniel Garvey (Associate City Solicitor), Kate Brown (Planning Director), Councilor Zygarowski, Councilor Lamontagne The meeting was called to order at 6:30 PM by Vice Chairman Brooks. ITEM #1 Application for a Special Permit under section 275-61 C (3) for the purpose of conducting an eating and drinking establishment with the consumption of alcohol on the premises located at 460 Memorial Drive. Applicant Kamaraj Pandurangan 1782 ½ Westover Road Chicopee, MA 01020 Mr. Pandurangan was present along with his attorney Thomas Costello and Hershal Patel , representing the property owner. Attorney Costello stated that currently the business is operating as a restaurant but not serving alcohol. The application is the purpose of serving alcohol. The previous owner did not renew the liquor license. Councilor Roy asked about the Days Inn housing homeless people. 1 Mr. Patel stated that the hotel has 15-30 rooms for the transitional assistance program. Councilor Roy stated that he has concerns about children in this program running around the parking area while people who have been drinking at the restaurant operate their vehicles in this area. Councilor Tillotson stated that the Council can only look to see if the property is zoned for this type of business. The following Fire Department Recommendation was read:  Due to the recent transfer and development of the adjacent property to the north, the Fire Department is concerned that there may not be sufficient parking available for additional businesses located on this property.  Occupant load will be posted in ALL assembly areas  An inspection will be conducted by the Fire Prevention Bureau of the Chicopee Fire Department prior to operation  Management shall be responsible for maintaining clear Fire Lanes as marked at north end of building. Councilor Brooks informed the application that there is money owed to the city for this property which will need to be paid prior to the special permit being granted. Restrictions 1. Occupancy limitation 2. Applicant will be required to abide by applicable codes 3. Inspection by Fire Prevention Bureau 4. Maintaining clear fire lanes 5. Pay all back taxes 6. Delineate a number of parking spaces 7. Permit to run with the applicant Motion made to approve with restrictions. Committee vote 5 favorable 1 unfavorable. Voting in favor – Krampits, Laflamme, Tillotson, McLellan and Brooks. Voting unfavorable – Roy ITEM #2 Application for a Zone Change from Residential A to Business A for 5,713 +/- square feet of property located at Westover Mobile Home Park, Granby Road between 1204 and 1264 Granby Road Assessor ID 423-6 for the purpose of transferring parcel of land to abutting business for additional parking. Applicant Longport, LLC Jonathan Finkelstein, Mgr. P O Box 1012 Worcester, MA 01613. Mr. Finkelstein was present at the meeting along with Lou Monsurus. He stated that there has been issues with the patrons of the bar parking within the mobile home park. This proposal will help to alleviate that issue. 2 The address as originally submitted stated 1286 Granby Road. Kate Brown informed the Council that that address is incorrect. An address adjustment was done with the consent of the applicant. All correspondence to this effect is in the file. Councilor Brooks asked if there will be an egress onto Granby Road. The applicant responded that there is no curb cut at this point. Would have to apply to the City for this cut in order to create an egress. Councilor Tillotson questioned why the applicant did not apply for a special permit to allow the bar to park on this property. He further stated that with a zone change anything under that zone is allowed. Councilor Tillotson feels that allowing this zone change will not protect the neighborhood. Councilor Laflamme stated that he supports this application and he is glad to see that the Mobile Home Park is working with the bar owner. Councilor McLellan stated that it appears that the chance that the bar could expand on this property are slim. Councilor Lamontagne stated that this proposal could alleviate the parking issue in this area. Councilor Brooks stated that there are outstanding bills that need to be paid prior to this application being approved. Motion made to approve. Committee vote 6 – 0 favorable. ITEM #3 Application for a Special Permit under section 275-9 for the purpose of installing replacement gas pricing signs with LED price signs located at Shell, 197 Grove Street. Applicant Sign Techniques, Inc. John Lemanski 361 Chicopee Street Chicopee, MA 01013 Applicant not present at the meeting. Motion made to table until the end of the meeting. Motion passed. ITEM #4 Application for a Zone Change from Business A to Residence C for 6,000 square feet of property located at 271 Grattan Street for the purpose of building a new two family home. Applicant James Fleming 7 Meadowood Drive South Hadley, MA 01075 Mr. Fleming was present at the meeting. 3 Councilor Tillotson questioned why the applicant is applying for Residence C and not Residence B. Kate Brown stated that the lot is not large enough to build a two family home under the requirements of Residence B. Councilor Tillotson stated that he would like to prevent the building of a high rise. He asked that Kate work on an ordinance revision to avoid this situation in the future. Councilor Laflamme asked how many parking spaces are required under order. Kate Brown replied that two parking spaces are required per unit. Councilor Roy asked whether the Council could place a restriction on the Special Permit that only two units are permitted to be built. Kate Brown replied that yes the Council could place such a restriction. Motion made by Councilor Krampits to approve. Committee vote 6 – 0 favorable. ITEM #5 Application for a Special Permit under section 275-54C for the purpose of a waiver from Residence C dimensional requirements located at 271 Grattan Street. Applicant James Fleming 7 Meadowood Drive South Hadley, MA 01075 Applicant was present at the meeting. Councilor Tillotson asked how the special permit can be in conflict with the zoning. Kate Brown stated that under Residential C the waiver process is covered under Special Permit. She further stated that the way it is structured you can have a single family under Residential C on a certain size lot, a two family on a certain size lot, a three family on a certain size lot and a four family on a certain size lot. And all those dimensions are different. The applicant is asking for a waiver from the particular requirements for how many units he is proposing which in this case he is asking for waiver of dimensional requirement for a two family. Kate stated that under the current Residential B there is no provision for dimensional relief. Restrictions 1. Permit to run with the land 2. See Fire Department recommendations 3. Must go through building checklist to address all site specific conditions 4. Special Permit conditional on two units or less. Motion made to approve with restrictions. Committee vote 6 – 0 favorable. 4 ITEM #6 Application for a Special Permit under section 275-70 for the purpose of operating a medical marijuana facility located at 340 McKinstry Avenue, Suite 200. Applicant Baystate Compassion Center, Inc. Kevin Collins, President One Monarch Place, Suite 1900 Springfield, MA 01144-1900 The applicant submitted a request to withdraw the application. Committee vote 6 – 0 favorable to grant the withdraw. ITEM #7 Application for a Special Permit under section 275-58 C (4) and 275-61 C (3) for the purpose of establishing and operating a full service restaurant including an all alcoholic beverage liquor license located at Chicopee Crossing, Memorial Drive. Applicant Martti Matheson 1855 Williston Road, Suite E S. Burlington, VT 05403 Applicant was represented by his attorney Michael Labrie. Attorney Labrie stated that the applicant currently owns 5 of these type of restaurants. This is a franchise of a national chain. The applicant will employ approximately 100 employees. Restriction 1. Permit to run with the applicant. Motion made to approve with restrictions. Committee vote 6 – 0 favorable. ITEM #8 Application for a Special Permit under section 275- 50 C (2) (a) for the purpose of installing a new 4’x6’ LED price sign with “smart pay” alternator to replace existing scroller price sign located at 1063 Memorial Drive. Applicant Carolyn Parker, Agent 3 Lorion Avenue Worcester, MA 01606 Applicant was present at the meeting. She stated that the smart pay price is a price for those who have signed up for the program and have a card. The main sign facing the street will alternate with the regular price and the smart pay price. It will alternate every 8 seconds. The price will also alternate on each pump sign price also. 5 The committee had concerned about the price changing on the main sign facing the street due to the location of this station being on Memorial Drive at a very congested intersection. Motion made by Councilor Tillotson to table. Motion failed for a roll call vote of 5 No and 1 Yes. Voting No were the following: Brooks, McLellan, Laflamme, Roy, Krampits. Voting Yes was: Tillotson. The applicant stated that at this point she would be OK with just a static large sign and alternating prices on the pump signs. If Cumberland Farms would like to change that she will reapply for a special permit. Restrictions 1. Permit to run with the applicant 2. Main sign not to alternate remain market rate price at all times without smart pay option 3. Pump toppers are exempt from restriction. Motion made to approve with restrictions. Committee vote 6 – 0 favorable. ITEM #9 Application for a Special Permit under section 275-40 (N) d & 54 (b) (11) for the purpose of receiving waivers from open space and parking requirements for adaptive re-use of unused school building located at 40 Meadow Street. Applicant O’Connell Development Group, Inc. Dennis Fitzpatrick, President 480 Hampden Street Holyoke, MA 01040 John Furman, from VHB Engineering, was present at the meeting. The proposal is to convert the old Chapin School to apartments for homeless veterans. Residential C zoning regulations zoning regulations have changed since the property was rezoned for multifamily housing in 2008. Building setbacks are grandfathered but open space and parking depends on the number of proposed units. Based on the formula there is insufficient open space and parking for the proposed 43 units. Redevelopment of this site will increase space as pavement is removed from to improve the building curb appeal and provide onsite outdoor amenities. A letter was from Soldier On was submitted at time of application dated October 22, 2013. Mr. Furman read a portion of that letter “Based upon our experiences with parking demand at our current residential facility, a conservative parking ration of 0.8 +/- spaces per unit (34 spaces) will meet our needs.” Councilor Laflamme asked where snow will be plowed in the winter. Mr. Furman replied that it may have to be removed off site. 6 Councilor Tillotson stated that this is a viable program and the city along with the petitioner may have to be creative and we will have to make it work. PUBLIC INPUT Frances Nolt, stated that he wanted to see what was being proposed for this site. He had no concerns. Restriction Permit to run with the land. Motion made by Councilor Laflamme to approve with restrictions. Committee vote 6 – 0 favorable. ITEM # 10 Minutes – December 5, 2013. Motion made to approve. Motion passed. Motion made to remove #4 from the table. Motion passed. Applicant was still not present for the meeting. Councilor Brooks said that a communication will be sent to the applicant asking what his intention is with this application. Motion made to table. Motion passed. Meeting adjourned at 8:12 PM. 7