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 July 28, 2015 The following are the minutes of a public hearing held Tuesday, July 28, 2015 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Vieau, Brooks, Laflamme, Krampits, McLellan Members Absent Roy, Tillotson Also Present Daniel Garvey (Associate City Solicitor), Councilor Lamontagne, Lee Pouliot (Planning Director), Councilor Zygarowski, 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. Dennis from the Chicopee Register stated he was recording the meeting. ITEM #1 Application for a Special Permit under section 275-58 for the purpose of transferring ownership located at 66 Cabot Street. Applicant Paul Moreira 72 Ondrick Drive Chicopee, MA 01020 Applicant was not present at the meeting. Motion made by Councilor Laflamme to postpone to the end of the meeting. Motion passed. 1 Councilor Vieau stated that he must excuse himself from Item #2 on the agenda because he works directly with Mass DOT. Councilor Brooks took over chairing the meeting. ITEM #2 Application for a Special Permit under section 275-52 for the purpose of converting existing residential land owned by Mass DOT to a parking area through an agreement with Mass DOT located at 1183 Memorial Drive. Applicant Paul Krause, Jr. 342 Britton Street Chicopee, MA 01020 Mr. Krause was present at the meeting. Mr. Krause stated that he has worked out an agreement with the state to use the vacant land on Memorial Drive in front of Planet Fitness. He further stated that clients are now parking in this area because permission has been obtained from the state. A lined border has been created. The entrance and exit to this area is through the entrance into the shopping center. Drivers cannot use the side street as an entrance or exit. Some of the existing soil will be removed and compacted stone will be installed. Public Input Reggie Mailloux, 60 Pembroke Place, Lives behind the roller staking rink and has concerns about the fencing in the rear of this property that is falling apart and is not maintained. He is also concerned about the drivers who do not utilize the existing entrance to this plaza on Memorial Drive. He stated that people just cut through the side street to access this new parking area. (Falmouth Road coming down.) Councilor Brooks stated that the lease agreement with the state stipulates that the area has to be demarcated. He further stated that the fencing issue in the rear of the property is not something that the committee can address because it’s not the issue before them. He stated that he speak with his Ward Councilor, Adam Lamontagne, who was present at the meeting. Don Szczebak, 174 Jean Circle, (not living there right now), living at 174 Meetinghouse Road. He stated that he would like to applaud the owners for finally taking action for what has been a sore spot for a long period of time. He stated that the applicant has failed to submit a plot plan and should start of the process over again. Mr. Krause stated that the plot plan is attached. Mr. Szczebak stated that city ordinances must be adhered to and the ordinance stated that the owner of the property must sign the application which the state did not sign the application. The book and page number referenced on the application is for the structure not the piece that the state is allowing Mr. Krause to use. Dan Garvey stated that there wouldn’t be a book and page number because it’s the state layout. He finds it highly unlikely that the state would not have done more than one survey in order to grant Mr. Krause permission to utilize the land. Mr. Szczebak stated that the state still needs to sign the application. Attorney Garvey stated that the state has given Mr. Krause written permission. Councilor Laflamme stated that when fencing is being done for this area could Mr. Krause to the state about putting low shrubs in this area to prevent drivers from trying to access the parking 2 area through the side street. Mr. Krause said that if the problem continues a concrete barrier will be installed. Councilor McLellan stated that he is satisfied with the state’s report. Councilor Zygarowski asked if Mr. Krause is purchasing the property. Mr. Krause replied that he is leasing it. Councilor Zygarowski asked why the patrons of Planet Fitness don’t utilize the parking lot in the back. Mr. Krause stated that they are. He further stated that the entire parking area is being utilized not just by Planet Fitness but also the other businesses in that plaza. Councilor Lamontagne stated that he has spoken with the state and corresponded in writing. He stated that the residents of Brentwood Terrace and they are concerned about driving down the street and the curbing. Part of the curbing has been fixed by the city. The concerns expressed to him were the cleanliness of the place, as well as curbing, and whether or not the property will be paved. Mr. Krause stated that the area will be laid out with stone. Curbing will have to be replaced. Lee Pouliot stated that the reason the application is before Council is because the city right of way is zoned residential so parking facilities need a special permit. The Planning Department would like to get final construction plans for review by all SPRAC sitting departments. Recommendations read from the following departments: Engineering: Adhere to MassDOT terms and conditions within the permit. Of note: a ten foot wide sewer easement runs through the parcel in question. The easement contains a double siphon which originates at Pembroke Place. Fire: Parking not to impede emergency vehicle access. Restrictions: Review site plan prior to construction Fire, Planning, Engineering Permit to run with the applicant Motion made by Councilor McLellan to approve second by Councilor Brooks. Committee vote 4 – 0 favorable. Motion made by Councilor Brooks for a recess at 7:00 PM. Meeting resumed at 7:03. Chairman Vieau resumed chairing the meeting. Motion made to return to Item #1 on the agenda. Application for a Special Permit under section 275-58 for the purpose of transferring ownership located at 66 Cabot Street. 3 Applicant Paul Moreira 72 Ondrick Drive Chicopee, MA 01020 Applicant was still not present at the meeting. Public Input Mike Boober, 51 Perkins Street, wants to make sure that there won’t be any live adult entertainment. Motion made by Councilor Laflamme and second by Councilor Vieau to postpone to the next scheduled Zoning Committee meeting. Motion passed. ITEM #3 Minutes – June 30, 2015. Motion made to approve. Motion passed. Meeting adjourned at 7:10 PM. 4