City Council - Zoning Committee

CHICOPEE CITY COUNCIL ZONING COMMITTEE APPROVED 5-12-2016 ZONING COMMITTEE MEMBERS Shane Brooks, Chairman Timothy McLellan, Vice Chairman Fred Krampits Frank Laflamme Jerry Roy James Tillotson William Zaskey MINUTES April 14, 2016 The following are the minutes of a public hearing held Thursday, April 14, 2016 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Brooks, Krampits, Laflamme, Tillotson, Roy Members Absent McLellan, Zaskey Also Present Daniel Garvey (Associate City Solicitor), Lee Pouliot (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. Hearing none the meeting continued. ITEM #1 Application for a Zone Change from Res A to Bus A for 4,555 sf +/- of property located at 529 Memorial Drive for the purpose of building a drive-thru pick up window addition and drive-thru lane with menu board and speaker to existing Friendly’s Restaurant. Existing property has a portion of site zoned Res A and does not meet the setback requirements to a drive-thru. Applicant-Friendly’s Ice Cream, LLC, David Panella, Sr., Director, Design & Construction, 1855 Wilbraham Rd., Wilbraham, MA 01095. John Furman from VHB was present along with John Sypek from Friendly’s. Mr. Furman explained that Friendly’s is seeking to install a drive thru at the existing location. However, after discussions with the Planning Department it was determined that the northwest corner of the property needs to be rezoned in order to meet the 25 foot setback to residentially 1 zoned property requirement for drive thrus. The property is currently multi-zoned with the northwest corner being zoned Residential A, the southwest corner being Business B and the remainder of the property is zoned Business A. This application for the zone change would rezone the northwest corner to Business A. Councilor Brooks recommended that a Stop Sign be installed to protect traffic flow. Motion made by Councilor Laflamme and second by Councilor Roy to approve with recommendation. Committee vote 5 – 0 favorable. Motion made by Councilor Laflamme and second by Councilor Brooks to take item #3 out of order. Motion passed. ITEM #3 Application for a Special Permit under section 275-59 C (8) to establish a car/truck rental facility & 275-596 D (5) for relief of setback requirement of 25 feet to 6 feet or from 25 feet to 10 feet located at 70 Fuller Road. Applicant-Camrac, LLC/Enterprise Holdings, Kevin Kolstad, 8 Ella Grasso Turnpike, Windsor Locks, CT 06096. Kevin Kolstad was present at the meeting. Mr. Kolstad stated that Enterprise will be leasing the one acre parcel to establish a car/truck rental facility. They intend to relocate Enterprise Truck and Enterprise Rent-A-Car to this site. A portion will be office space and a portion will be bay space. Mr. Kolstad also stated that he is requesting a waiver of setback requirements from 25 feet to 10 feet for the sign. Reports from the following were read: Fire Department No concerns Planning Department Property is zoned Business B; use is allowed via Special Permit (275-59 (c) (8)), use is consistent with surrounding uses and would improve the site’s conditions. Proposed business sign cannot be located to meet minimum 25’ setback requirement – requesting relief to 6-10’ – recommend approval see no negative impacts. Engineering Department No comments on special permit request, proposal will go through Planning Department site plan review process, engineering comments will be provided at that time. Conditions Permit to run with the applicant Motion made by Councilor Laflamme and second by Councilor Roy approve with condition. Committee vote 5 – 0 favorable. 2 ITEM #2 Application for a Special Permit under section 275-70 for the purpose of establishing a medical marijuana facility in accordance with the Acts of 2012, Chapter 369, entitled “An Act for the Humanitarian Use of Marijuana” located at 1247 East Main Street. Applicant-Mass Alternative Care, Inc., Kevin Collins, President, One Monarch Place, Suite 1900 1414 Main Street, Springfield, MA 01144. Attorney Thomas Murphy and Edward Chapdelaine were present at the meeting. Attorney Murphy stated that Mass Alterntive Care meets all the requirements of the City Ordinance to operate a marijuana facility. This would be the first medical marijuana dispensary in Hampden County. This facility will provide patient consultation, education, and treatment in a safe and secure environment and will be operated by some of the most qualified and dedicated professionals in the country. Mass Alternative Care has received a provisional certificate of registration from the State Department of Public Health and to be begin immediate construction. The company will invest approximately $3 million for the purchase, rehabilitation, and outfitting of its proposed location. It anticipates tripling the real estate tax, retaining and creating 30 + jobs, and purchasing over 35 kilowatts of electricity from Chicopee Electric Light on a monthly basis. In addition to those benefits they have completed negotiations with the city and executed today a community benefit agreement that will provide financial incentives and support to the city in every year of its operation. Departments have received necessary plans and have been reviewed all without a single negative comment. Last week the Planning Board voted that this proposal complies with all of its regulations. Present tonight are the senior leadership of this company: CEO, Kevin Collins, CFO, Vincent Cardillo, COO, Steven White, Chief Security Officer Ron Campurciani. The Board of Directors of the company: Dr. Ronald Paasch, Mr. Nicholas Tamborrino. Also present at the meeting to describe the proposal are: Ed Chapdelaine, Andy Crane (General Contractor), Joseph Cebula (Cebula Electronics and Alarm Systems), Chris Krane (Dispensary Consultant), Matt Curran (Cultivation System and Design Co.), Ed Czepiel ( Local Construction Advisor), David Pieciak (Property Owner), Kevin M. Collins (Administrative Assistant to CEO). Councilor Laflamme stated that he did not know that A Crane Construction was involved in the project. Andy Crane is his brother in law and he removed himself from this vote. Attorney Murphy stated that the footprint of the building will not change. All work will be contained within the structure. Edward Chapdelaine stated that the north is bounded by the Chicopee River and to the east by power lines owned by Western Mass Electric, to the west by land owned by the City of Chicopee. Total acres is 2.5 acres of that 1.7 acres is secured by fencing. The building is approximately 20,000 square feet. 50 parking stalls are proposed for this project. The power lines are zoned Residential A. Attorney Murphy stated that regarding the Residential A zoned power lines, he has been in touch with Eversource. Eversource has signed a Zone Change application to change the zone to Industrial. Unfortunately, the application that came in was requesting a zone change to commercial which is wrong. It should be Industrial. Eversource anticipates that the application will be changed from Res to Commercial to Res to Industrial. 3 Councilor Tillotson stated that there are no homes directly in that area. Attorney Murphy stated that he is not certain at this point if a request for a waiver will be necessary. Councilor Brooks stated that a condition could be placed on this Special Permit stating that it cannot be utilized until such time as the zoning has been corrected. Councilor Brooks stated that he would like to hear from the Police Chief regarding this proposal and also he would like to hear more about the control of the growing at this site and how it will be protected from people getting at the product. Chief Jebb stated that the security plan is excellent. This will be the most secure building in the city. The building will be monitored by the Chicopee Police Department 24/7. Some employees within the facility may not have access to all parts of this building. He further stated that there isn’t an element of this business that hasn’t been thought out. He doesn’t see any flaws in the system. He feels very comfortable with the system proposed. Councilor Brooks asked if the cultivation aspect of the business will be visible from the street and how will it be protected. Matt Curran stated none of the interior space will be visible from the exterior of the building. Public Input: Nancy Tarka stated that she is concerned about the volume of traffic in and out of the facility. If recreational marijuana is approved how will this facility be effected. Councilor Krampits stated that he spoke with Steve Frederick, City Engineer, and was told that no street expansion or traffic light will be necessary at this location. In order for this intersection to warrant a traffic light it would have to be like out of WalMart. Councilor Krampits asked the process of a patient coming into the facility. Chris Crane stated that a patient seeing a doctor and the doctor makes a recommendation. The patient then must apply for a state ID card. When the patient comes to the facility there will be a security guard present to present the ID card to. If the person does not have an ID card he or she will not be allowed to enter through the next door. If the person possess the state ID card he or she enters into the reception area where the ID card is swiped. This swipe allows the facility to make certain that the individual still has enough left on the card to obtain the marijuana. If it is determined that the person can proceed the individual will be buzzed into the purchase area. Kevin Collins stated that the facility will be open 8 AM – 8 PM. There will be 4 points of sale areas. There will be no consumption on site and they expect about 150 patients per day. Reports read from the following departments: Planning Board: The City Council tasked the Planning Board with reviewing the Special Permit application for the proposed Medical Marijuana Facility. Planning Staff explained that it was not normal procedure for the Planning Board to review Special Permits; however, the City Council requested the Planning Board’s input on the issue; mainly in regard to ensuing the Application met all the minimum requirements as per the Medical Marijuana Facility Ordinance, 275-70. On April 7, 2016, the Planning Board reviewed the Application for a Special Permit for the proposed Medical Marijuana Facility at 124 East Main Street at their regularly scheduled monthly hearing. The Board discussed the Application in addition to the comments that were provided to the 4 Council from the Planning Department Staff. Five of the six members of the Planning Board were in attendance for the hearing; of the five in attendance three voted positively with regard to the proposal meeting the minimum requirements, one member voted negatively and there was one abstention. The Board determined that the proposal met the requirements of the Zoning Ordinance outside of the one waiver request for relief from the 300’ setback for residential zoned property. Planning Department: Proposed site meets all general requirements and conditions in 275-70 (E) except for #5 which relief is requested as part of the Special Permit application. Special Permit is required for the operation of such a facility in Chicopee. Special Permit shall run with the applicant. Recommend approval/submitted documentation is comprehensive. Engineering Department: No proposed changes to site per plan. If alteration to curb cut or apron is required a street occupancy permit will be needed. No other comments. Fire Department: The Chicopee Fire Department has no objections for the special permit for the above application. The Fire Department reserves the right to input regarding construction and fire safety/protection as required at such time as plans are submitted. Attorney Murphy stated the Community Host Agreement states that the first year $50,000 to be paid to the City. He suspects it will go the Police Department. The Host Agreement also states that a percentage of the gross revenue will go the City. The percentage is graduated. The minimum is $100,000.00. In the first year of operation the City will receive $150,000.00. Attorney Murphy stated that Mr. Bill Gillin, the architect for the project was also present at the meeting. Councilor Roy asked about how much a person can purchase. Chris Crane replied that doctors do not have the ability to specify a certain amount. The law does limit a person to 2.5 oz. every 2 weeks. Councilor Krampits asked about signage for the facility. Kevin Collins replied that under DPH regulations there are limits as to the signage and advertising for this facility. They do expect to have the name of the business on the building. Motion made by Councilor Roy and second by Councilor Krampits to approve. Committee vote 4-0 favorable. Councilor Laflamme abstained. ITEM #4 Minutes – March 17, 2016. Motion made by Councilor Tillotson to approve. Motion passed. Meeting adjourned at 7:24 PM. 5