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 March 25 , 2014 The following are the minutes of a public hearing held Tuesday, March 25, 2014 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Brooks, Tillotson, Laflamme, Roy, Krampits Members Absent Vieau, McLellan Also Present Daniel Garvey (Associate City Solicitor), Kate Brown (Planning Director), Councilor Zygarowski The meeting was called to order at 6:30 PM by Vice Chairman Brooks. ITEM #1 Application for a Home Occupation License at 117 Dayton Street for the purpose of personal training. Applicant Garvin Training Studio Jeff Garvin 117 Dayton Street Chicopee, MA 01013 Applicant was present he stated that he works at Baystate Hospital in the health and fitness area and would like to do some personal training in his house as part time work. There will be no more than two people training at a time. Public Input Wildonna Szydziak, 127 Dayton Street, stated that I bought a home in 1987 because it was a nice quiet neighborhood zoned residential. I would like to see Dayton Street stay residential. I do not see a benefit to me or the neighborhood to see a person open up a business here. I feel if this license is approved it will damage my property value. 1 Walter Wingate, 109 Dayton Street stated that we’ve never had any noise or problems with Jeff Garvin and his wife. I am all for this. Councilor Krampits asked how many clients’ would you train per day. Jeff Garvin answered no more than four per day. It would be a small part time business when I can schedule people and get clients; it’s not going to be steady right away. Councilor Roy (Ward 9) asked why not just work at a local gym. Jeff Garvin answered the gyms charge trainers a monthly fee. They would charge me a trainer’s facility fee and I would give a certain percentage of my earning to their facility. Councilor LaFlamme stated if there are any issues with this license we could call it back in for review. Councilor Zygarowski asked if Dayton Street is a public street and if there was any restricted parking anywhere on that street. Councilor Brooks answered yes it is a public street and there is no restricted parking. Restrictions 1. Must comply to rules outlined in Planning Department document 2. No outdoor activity 3. No turning in neighbor’s driveway 4. All customers must park in applicants driveway Hours of operation Monday – Friday 4:00pm – 7:00pm Saturday 9:00am – 1:00pm No Sundays Motion made to approve with restrictions. Committee vote 5 favorable 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. Jonathan Finkelstein owner of business stated that we have fifty seven hundred square feet of land that we’ve used in the past for some overflow parking. We’ve assessed our needs for the park and this parcel of land is just a surplus piece and we really have no use for it so we approached the bar and asked if they could use the lot for extra parking but, it’s part of a residential zone so in order for them to use it we have to change it to a business zone. Councilor Tillotson stated you could leave it residential A and get a special permit for parking only. If you change the business zone they could do whatever they want their; it gives them much more latitude in a business A zone. Where under residential A, which it is now a special permit, then they couldn’t do anything else but park. 2 Jessica Cody, Manager of Docs Place was present she stated that she’s wants to buy the business and have extra safe parking for the customers. Public Input Arthur Lamagdeleine , 24 Cadieux Ave., stated that I’ve been told that all they want to use it for is parking. I’ve also have been told that they want to use it to expand the bar which would create more business and they will still end up parking on Cadieux Avenue. We have beer bottles and cans all over the lawns. We’ve had lawn ornaments stolen off the property. I have a problem with the current owner looking for a zone change and not the people who want to buy the bar, that I have a problem with because somewhere in the middle of this something’s not right. Brian Patrick , 18 Cadieux Ave. stated that I agree that it should stay residential and for them to get a permit for parking. We’re hearing that the bar wants to obtain this lot, expand their business and this will create more parking, more business and more aggravation on the street. The noise in the summer is unbearable and I can’t sleep with my bedroom window open. I called the police numerous times because of noise, people dancing on my front lawn and sitting on my porch. It’s a very noisy place since it’s been taken over by the current owner. The thought of them expanding discourages me greatly. Francis Mathieu , 42 Cadieux Ave. stated that since it’s been a karaoke bar people come out at two o’clock in the morning and are singing in the street. It gets so bad we have to put our air conditioner on to drown out the noise. I don’t think you would have a problem if someone was policing the area at that time. Lena Lamagdeleine , 24 Cadieux Ave., stated that we find beer bottles on the side of the road and in summer time we’re constantly sweeping the up glass. Two o’clock in the morning they’re playing their radio and dancing. It used to be a quiet street now I can’t visualize selling my house with a karaoke bar on the end. Councilor LaFlamme stated they don’t have enough space for what their occupancy holds now so the occupancy number couldn’t go up. Kate Brown stated if they expand the building it would require more parking which they don’t have. The License Commission has control over any increase in size. Councilor Tillotson stated if you sold it with the condition that they are allowed a special permit for parking only then I would support this. Motion made to defeat – motion passed Committee vote 5 – 0 unfavorable. 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. Owner Sanjay Patel was present he stated that they have four big gas price signs and would like to eliminate two and replace them with an LED price sign so it would be easier for customers to see. It’s easier on my employees in the bad weather to go on the ladder and replace the numbers. Councilor Krampits asked are you just displaying gas prices. 3 Sanjay Patel answered yes. Motion to approve with restrictions – motion passed Committee vote 5 – 0 favorable Restrictions Permanent lights – no flashing or moving signals Permit to run with land Permit to run with applicant ITEM #4 Application for Special Permit under section 275-52 for the purpose of full liquor license located at 1408 Memorial Drive. Applicant Benjamin Vargas 71 Cochran Street Chicopee, MA 01020 A letter requesting the application to be withdrawn was presented at the committee. Motion to leave to withdraw – motion passed ITEM #5 Minutes – February 11, 2014. Motion made to approve. Motion passed. Meeting adjourned at 7:50 PM. 4