City Council - Zoning Committee

CHICOPEE CITY COUNCIL ZONING COMMITTEE APPROVED 12-9-2015 ZONING COMMITTEE MEMBERS John Vieau, Chairman Shane Brooks, Vice Chairman Timothy McLellan James Tillotson Frank Laflamme Gerry Roy Fred Krampits MINUTES November 24, 2015 The following are the minutes of a public hearing held Tuesday, November 24, 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, Tillotson, Roy, Krampits Members Absent McLellan Also Present Daniel Garvey (Associate City Solicitor), Councilor Lamontagne, Councilor Labrie, Councilor Zygarowski, Councilor Jerry Roy (At- Large) 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 a Zone Change from Res A to Industrial for 6,239 sq. ft. of property located at 295 Burnett Road for the purpose of making the site zoning uniform and consistent with surrounding properties. Only 6,239 sf of the property is currently zoned residential. The rest of the 6.9 acre site is industrial. Applicant Burnett Road, LLC The Colvest Group Maria Cantalini-Petitt, Manager Peter Lapointe 107 High Pine Circle 1259 East Columbus Avenue Wilbraham, MA 01095 Springfield, MA 01105 1 Mr. Peter Lapointe was present at the meeting. He stated that the surrounding parcels are zoned Industrial and this zone change request will make that portion of the property consistent with the rest of the property. The Planning Board voted in favor of the Zone Change request. Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 6 – 0 favorable. ITEM #2 Application for a Special Permit under section 275-53 B (2) for the purpose of removing existing structure single family into 8 bedroom home for the terminally ill. All renovation work will take place within the existing structure. No expansion is required located at 66 View Street. Applicant Harmony House of Western MA David Tetreault, Board of Directors 16 Keith Avenue Belchertown, MA 01007 David Tetreault was present at the meeting. He stated that Harmony House is a not for profit organization that provides care 24/7 to terminally ill patients who have 3 months or less to live. This organization receives no government assistance. This special permit is required in order to rehab this home for this purpose. All materials for this project will be donated and volunteers will be doing all the work on the home. Councilor Labrie stated that he represents this ward and has received no calls concerning this application. Councilor Tillotson stated that this home needs a lot of work and it will have to pass inspection. Jean St. Pierre, a member of the Board of Directors for Harmony House, stated that she went to all the surrounding neighbors and no one was in opposition of this proposal. Warren Pare, stated that he was the previous owner of 66 View Street. He stated that this matter is in court and urged the Council not to make any decision concerning this property because he will get this property back. Dan Garvey stated that Harmony House is the current property owner and they have a right to apply for a Special Permit. Mr. Tetreault stated that last week in court Mr. Pare asked to stop the Special Permit process and the judge ruled against stopping the process. Reports read from the following departments: 2 Health Department: Board of Health has been in housing court with “owner” regarding the current conditions of the property. The property was condemned. Engineering Department: Parking does not fit as shown (not drawn to scale). Seven spaces shown is 42’ total width (7 spaces require 63’) H.C. Parking? Plan is not to scale, Plan does not sufficiently convey surface characteristics and use. Planning Department: Property is zoned Residential B, Special Permit required for a charitable institution under 275-53 (B) (2) to operate a facility in such zone. Harmony House is a 501 (c) (3) corporation and meets the criteria of a charitable institution. Planning recommends approval. Planning requests that a formal site plan drawn to scale be supplied to the city prior to release of Special Permit. Building Department: No concerns Fire Department: Unable to make any recommendation until discussion with building department week of 11/23. Conditions Permit to run with the land Motion made by Councilor Laflamme and second by Councilor Vieau to approve. Committee vote 6 – 0 favorable. ITEM #3 Application for a Special Permit under section 275-40 for the purpose of an auto glass and repair business/flexible parking – 8 parking spaces at lot located at 628 Center Street. Applicant Joaquin Rodriguez 41 Woodside Terrace Springfield, MA 01107 Mr. Rodriquez, Mr. Burton Resnick (property owner) and attorney Nicholas Sandriapos were present at the meeting. Attorney Sandriapos stated that Mr. Rodriquez ran a successful business in Springfield for 14 years but had to relocate because of the casino moving to Springfield. His business is mainly an auto glass shop and is by appointment only. Councilor Brooks asked the applicant if he is currently operating. Mr. Rodriquez replied that he is only fixing the building on the inside. Councilor Brooks stated that it appears that he is operating without a license. Mr. Rodriquez stated that some of his family and friends have come into the shop. Reports read from the following: Health Department: No concerns at this time 3 Engineering Department: The submitted materials are in conflict with each other. The applicant describes parking on the east side of Center Street. The owner describes parking on the west side of the street – two different lots, which one is it? Planning Department: Special Permit for flexible parking allowed under 275-40 (G) (8). Applicant has demonstrated a shared parking agreement with a nearby property. This shared parking addresses the parking requirement for the proposed auto repair business. Building Department: No concerns Fire Department: 1. The business shall comply with Massachusetts Board of Fire Prevention Regulations: 527 CMR 5.00 Operation and Maintenance of Buildings Used for Garages; 527 CMR 9.00 Tanks and Containers (Waste Oil Storage); 527 CMR 10.00 Prevention of fires in Buildings and 527 CMR 14.00 Storage of Flammable Liquids and Gases (Only Approved Flammable Storage Cabinets) 2. Applicant will be required to obtain all necessary permits. [527 CMR 1.04(8)] 3. The storage, handling and mixing of flammable and combustible liquids shall meet the requirements of NFPA 30, Flammable and Combustible Liquids Code. [780 CMR 419.2.3] 4. Applicant shall adhere to applicable sections of NFPA 30A (Code for Motor Fuel Dispensing Facilities and Repair Garages) 5. Maintain FIRE LANES around building. No vehicle storage against building. 6. Maintain access for emergency vehicles at all times. 7. No storage of junk vehicles. 8. Fire extinguishers are required. All extinguishers must be rated at a minimum of 40 B.C. The number of extinguishers required will be determined at a later date. [527 CMR 5.09(8)] 9. Body work and or spray operations shall not be conducted. 10. A permit for the storage of waste oil may be required. The storage must comply with the Board of Fire Prevention Regulations. [527 CMR 9.06] 11. Proper address numbering as required in Code of the City of Chicopee 12. Dumpsters shall be located at least 25’ away from building. Conditions Permit to run with the applicant Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 6 – 0 favorable. ITEM #4 Minutes – October 27, 2015 Motion made to approve. Motion passed. Meeting adjourned at 7:15 PM. 4