City Council - Zoning Committee

CHICOPEE CITY COUNCIL ZONING COMMITTEE APPROVED ZONING COMMITTEE MEMBERS John Vieau, Chairman Shane Brooks, Vice Chairman Timothy McLellan James Tillotson Frank Laflamme Gerry Roy Fred Krampits MINUTES August 26 , 2014 The following are the minutes of a public hearing held Tuesday, August 26, 2014 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Vieau, Brooks, Tillotson, Laflamme, Krampits, Roy Not Present McLellan Also Present Daniel Garvey (Associate City Solicitor) Kate Brown (Planning Director) Meeting called to order at 6:30 PM In compliance with the Open Meeting Law the Chairman asked if anyone in the audience was recording the meeting. ITEM #1 Application for Zone Change from Residential; A to Business A for 19,228 + - square feet of property located at 443-445 Chicopee Street for the purpose making property consistent with the business A use. It has been used for business historically and cannot be redeveloped as business without zone change. Applicant Chicopee Property Management, LLC Lynn Baker, Manager 14 John Lane South Hadley, MA 01075 Motion to remove from the table – motion passed Applicant was present with Attorney Ron LaRocque 1 Attorney LaRocque, 641 Grattan Street stated that we are seeking a zone change on this small strip of property. The owners have paid taxes on this property as business use property in excess of forty years. This property is zoned differently by hap circumstance Councilor Tillotson stated the property is being sold now and that’s the reason for this issue. Lynn Baker stated we are trying to sell it but are unable to as zoned. Public Input Linda Owziak, 46 Cora Avenue asked to see the plan. Carol Sliwa 62 Cora Avenue also asked to look at the plan. Richard Florence, 121 Empire Street stated that this property has been used as commercial property all these years; they state they’re paying taxes on it but they are using it. Councilor Vieau stated it’s not uncommon for a property to be taxed based on its use not on its zoning and it would be considered a pre-existing nonconforming and that’s what this parcel is now but, when you go to redevelop it or sell it, it would retain its pre- existing non-conforming status but I think the intent is more interest in redeveloping the property. Carol Sliwa, 62 Cora Avenue stated the rear part of the property has not been used as a business for at least fifty years only the front know as Westover Florist has been used. How can it be taxed as business use if it wasn’t in use. Kate Brown stated there is business zoning alongside of your corner and that doesn’t go away just because there may not be a business use there. We tax property on how its zoned. Attorney LaRocque stated that some of the buildings on the property are currently being rented for business use. Lynn Baker stated it’s been a wholesale and retail business since 1959 the business closed in 2008 officially. Rachelle Masters, 31 State Street stated that she bought her home because it was such a quiet area and thought the property was abandoned but now some loud, ugly, noisy thing can happen there that is going to de-value my property and I don’t want that threatened and that is my reason for being here. Barbara McNamera, 31 Billing Street was concerned that they would be able to put up anything they want. Kate Brown stated anything over 1000 square feet would have to go through site plan review through the Planning Board and the Planning Board cannot say no if it meets all the criteria with in that zone. Ilene Forbes, 51 Billing Street stated that I’ve lived here forty years and paid taxes and now I’m afraid whatever goes there may devalue my property. Aguila Fernando 24 Billing Street agreed with that statement that it will devalue our property. Attorney LaRocque stated while I appreciate the abutters concern what may come into the neighborhood the majority of this property is zoned Business A, we’re just trying to make the property conform so we can sell it all to one developer. Carol Sliwa stated that this was zoned Business A in 1955 with the knowledge that it would be a florist that used to plant things on the property. The only part that was used as a business was the little Westover Florist in the front. This road cannot handle any large businesses, it was fixed use at that time for a Florist and the only use for the back part was for growing things. We had a right to believe we were in a residential neighborhood because for over fifty years that’s what it was. Councilor Tillotson stated there are a variety of things that can go in there and I can Understand why the people are concerned. Do you have any idea what might go in there. Lynn Baker stated I don’t know. Attorney LaRocque stated that this is a situation where the abutters do not have a say in how she deals with her property; it’s zoned Business A and she’s trying to sell it as Business A property. 2 Councilor Roy stated they have been paying taxes for decades at the commercial rates and to say they can’t put anything there is a restrictive use. We are a great city to do business in and put business’s in and that’s what we want to continue to be and as long as people need jobs I think we should be business friendly. I don’t think it’s fair to keep it abandoned and keep taxing it. Councilor Vieau stated I’m not in favor of the zone change. I don’t know enough about the future use of the property. My job is to protect the neighborhood and I don’t think that this will be good for Willamansett. Councilor Tillotson stated I think the neighborhood is entitled to some piece of mind and she’s entitled to sell her property. Tabling it would give them another opportunity. Motion made by Councilor Tillotson to table – 2nd by Councilor Laflamme Motion failed by a roll call vote. Vieau – No Roy – No Brooks – No Krampits – No Laflamme – Yes Tillotson - Yes Krampits motion to approve the Zone Change – Vieau 2nd the motion – motion passed Committee vote 2 - favorable (Roy, Krampits) 4 – unfavorable (Vieau, Brooks, Laflamme, Tillotson) ITEM #2 Application for a Zone Change from residential A to Business A for 11,801 square feet of property located at 374 Chicopee Street for the purpose of expanding business. Applicant Dmitriy Salagornik 376 Chicopee Street Chicopee, MA 01013 Applicant was present with Attorney Thomas Murphy. Attorney Murphy summited a petition. Attorney Murphy stated that the applicant has been operating under a license for four years and has had a very successful business and is proposing to add a section for additional cars to his business use and maintain the rest of the property as his residential use. Public Input Renelle Bonavita, 73 Benard Street, stated he keeps his lot up but the license is for thirty cars and he has way over thirty and he’s requesting more. I think that is way too many cars and it will start to look like a dealership such as Balise. Councilor Laflamme stated that you do a good job down there and you keep your lot clean and I still think it will look good. Councilor Roy asked when was the last time you had the right amount of cars that the license allows. Attorney Murphy answered it’s been over a year. It’s not an exact science; you anticipate you will sell more cars than you have. He is very much aware that he has over stacked the cars and that’s why he’s applying to ask for a consideration for an increase. His business has been better that anticipated. Motion to approve – motion passed. 3 Committee vote 6 – 0 favorable Councilor Vieau excused himself from this portion of the meeting due to conflict Councilor Brooks chaired this portion of the meeting. ITEM #3 Application for a Special Permit under section 275-50A (1) (g) [2] &50 A (1) (f) for the purpose free standing billboard measuring 48 feet wide by 14 feet high and to waive the criteria under 275-50A (g) (2) © requiring that billboards over 144 sq. ft. be over 750 feet from any other freestanding billboard; application within 384 feet of another freestanding billboard that is not located on the applicant’s property located at 451 Center Street. Applicant Baystate Medical Center, Inc. Shane Newell, Director of Real Estate 759 Chestnut Street Springfield, MA 01107 Cathy Bernardo spoke in place of Shane Newell Cathy Bernardo stated that Baystate purchased this property back in 2011’ and this billboard was already pre-existing and a special permit was issued back in 2008 but was never recorded also a variance was granted in 1998 for the erection of this billboard. At this point we are looking to properly permit it so that we can continue to use it. Cathy Bernardo stated this is strictly for Baystate services. Attorney Thomas Murphy stated that I am in in favor of this. I am a former board member of Baystate Medical Center which has done amazing work for this community. I think anything this community can do to support Baystate Medical Center we should do. Councilor Tillotson stated I agree Reports read from the following departments: Health No concerns Engineering Plan does not show proposed location of billboard. Location should be highlighted as well as existing location of neighboring billboard 384’ away. Restrictions 1. Permit to run with the applicant 2. Content to be related to Baystate Medical Center essential business function. Tillotson motion to approve with restrictions – Brooks 2nd the motion – motion passed Committee vote 6 – 0 favorable. ITEM #4 Application for a Special Permit under section 275-54 C for the purpose of waiving residential C dimensional requirement rear yard and open space located at 114 McKinstry Avenue. 4 Applicant: Sergey Savonin 11 Liberty Avenue Agawam, MA 01001 Applicant was present with Architect Ray Hervieaux, 116 Arcadia Blvd., Springfield Ray Hervieaux stated that I was hired to take the site plan approved by the Council to proceed with construction drawings. Sergey Savonin stated we are building a town house to match the neighborhood better. Councilor Vieau asked how many units is it approved for. Sergey Savonin answered seventeen. Councilor Vieau stated his proposal is to ask for some setbacks, changes and a waiver to build sixteen units. Public Input Sue Fontaine, Bernard Street asked what kind of units are they. Sergey Savonin answered three bedroom units with one garage. They may be changed to condos; it is more appealing to me and they are more marketable. Renelle Bonavita had questions and concerns regarding the proposed. Sue Fontaine asked what are the chances that these will be turned into subsidized housing. Sergey Savonin ansered I don’t have a plan to turn it into subsidized housing. Ray Hervieaux stated that they then will be rental units if he couldn’t sell them. Councilor Tillotson asked how will this be more compatible with the neighborhood. Ray Hervieaux answered instead of two barracks sized buildings we will have four smaller ones. Councilor Laflammes stated I think this is more compatible for the neighborhood. Councilor Roy asked what is the situation with the storm water and is it traveling off site. Ray Hervieaux answered that has all been approved and most of it is on site. Reports read from the following departments: Health Has forwarded paperwork to the Law Department regarding the condition of this property. Engineering No Engineering comments for this request. Engineering concerns will be addressed during site plan review. Fire Department Due to the height of the building and the reduced yard and open space the Fire Department recommends the use of dwarf type plantings so as not to impede aerial operations. The Fire Department has no objections to the dimensional requirement waiver. Restrictions 1. Permit to run with land. Reason: more compatible with the neighborhood. Laflamme motion to approve – Vieau 2nd the motion – motion passed with conditions. Committee vote 6 – 0 favorable. 5 ITEM #5 Application for a Special Permit under section 275-22 for the purpose of demolishing 3 family house and building a new 3 bedroom duplex located at 25 Depot Street. Applicant: Sergey Savonin 11 Liberty Avenue Agawam, MA 01001 Sergey Savonin stated the house that is there now is a three family, it is falling apart. I’m asking permission to demolish it and put up a three bedroom duplex. Councilor Brooks stated that it’s conducive to what is happening in this ward. It will fit nicely in the neighborhood and will bring people to down town. Councilor Laflamme stated it’s nice to see people invest over there. Councilor Vieau stated we’re not approving the plan we’re approving the zone allowing him to build and redevelop with a three unit. Restrictions 1. Permit to run with the land. Reason: Grandfathered 3 family to 2 family duplex change in non-conforming use. Motion to approve with conditions Committee vote 6– 0 favorable. ITEM #6 Minutes – June 29 2014. Motion made to approve. Motion passed. Meeting adjourned at 8:32 PM. 6