City Council - Zoning Committee

CHICOPEE CITY COUNCIL ZONING COMMITTEE APPROVED 6-16-2016 ZONING COMMITTEE MEMBERS Shane Brooks, Chairman Timothy McLellan, Vice Chairman Fred Krampits Frank Laflamme Jerry Roy James Tillotson William Zaskey MINUTES May 12, 2016 The following are the minutes of a public hearing held Thursday, May 12, 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. Motion made by Councilor Krampits and second by Councilor Laflamme to take Item #2 out of order. Motion passed. ITEM #2 Application for a Zone Change from Residential B to Residential C for 5,307 sq. ft. of property located at 86 Monroe St. for the purpose of changing from 2 family to 3 family. Applicant Jose & Adelina Vicente 86 Monroe St. Chicopee, MA 01020 Adelina Vincente was present at the meeting. 1 Lee Pouliot stated that at the Planning Board meeting held on May 5, 2016 the Board tabled this item so that the Planning Department staff could solicit and provide the Board with historic documents, permits, etc. related to this property that may be on file with the Building Department. The Board would like to determine whether or not the property is legally non- conforming prior to voting on the requested zone change. Motion made by Councilor Tillotson and second by Councilor Laflamme to postpone to the call of the chair. Motion passed. ITEM #1 Application for Special Permit under sections 275-62 D, 66, 50 (C) (1) and 40 C (8) (a) and (11) for the purpose of construction of Mercedes Benz dealership on Burnett, relief from accessory sign regulations for number, size, setback and location, and relief from the 10 ft pavement setback and screening requirements from abutting residentially zoned property located at 295 Burnett Rd. Applicant Springfield Automotive Partners, LLC Peter Wirth 99 Route 304 Nanuet, NY 10954. John Henry, BETA Group, 1 Springfield Street, Chicopee was present at the meeting. He stated that the site was the former Plantation Inn and banquet hall and it will be demolished for the development of a dealership. He further stated that the dealership is requesting waivers for the following: Relief from the sign regulations; Special Permit is required to allow construction and operation of a Mercedes Benz dealership on Burnett Road (Chapter 275-66) requires a special permit for further business; Waiver of the requirement that no pavement may be installed within 10 feet of a residential zone; Waiver requirement that six foot evergreen screening is required between residentially zoned property and parking areas on the project site. The residential property abutting this property are the power lines. The following report was read from the Planning Department: Property is zoned Industrial – Use permitted via a Special Permit 275-62 B (25) . Pursuant to ordinance c.275 Section C (1) applicant seeks relief from the sign regulations as follows:  One ground sign limit to four ground signs  Minimum setback 25’ to existing setbacks already established for existing signs  Maximum sign face size from 60 SF per side and a total 120 SF to proposed dimensions Planning Staff recommendation:  Proposed sign locations correspond to locations of existing signage for the Plantation Inn.  New signs will result in an increase in total square footage of sign face from existing signage  Proposed layout of signage seems consistent with property development plans and does not seem excessive. Recommendation : Approval 2 Applicant seeks a Special Permit to allow construction and operation of a Mercedes Benz dealership on Burnett Road. The Burnett Road Ordinance, Chapter 275, Section 66, which requires a Special Permit for further business, commercial or industrial development. Planning Staff recommendation:  275-66 Burnett Road requires a traffic assessment be submitted with the Special Permit application. Submitted assessments project a traffic reduction wit proposed project when compared to the operation of a hotel – Planning staff agrees with his assessment and recommends approval. Applicant seeks to waive the requirement of Ordinances Chapter 275, Section 40 C (8) (a) that no pavement may be installed within 10 feet of a residential zone. Planning Staff recommendation:  Residential A property on either side (east/west) of north/south oriented access drive is associated with power line easements through the area.  Residential uses highly unlikely  Recommendation for west side of drive: Layout plans proposed a 6’ island on the west side of the access drive and a 28’ wide access drive. If 12’ drive lanes vs. 14’ lanes are created, a 10’ separation between Residential A property on the west side of the drive would be achieved.  Recommend approval for the request on the east side of the drive as no development can occur in this area (MassDOT ROW) Applicant seeks to waive the requirement of ordinance Chapter 275, section 40 C (11) that a six foot evergreen screening is required between residentially zoned property and parking areas on the project site. Planning Staff recommendation:  As the Residential A zoned properties are highly unlikely to ever be developed as residential uses, this requirement would not serve its intended purpose.  Recommend approval with the condition that plantings within the island be species diverse vs. the proposed monoculture of a single species. Applicant can work with the Planning Department to develop an appropriate planting plan. Condition Planning Board restrictions as contained in Planning Board report of April 27, 2016 Permit to run with land Motion made by Councilor Laflamme and second by Councilor Roy to approve with conditions. Committee vote 5 – 0 favorable. ITEM #3 Application for Special Permit under sections 275-58 C (4) for the purpose of transferring a liquor license from Dr. Deegan’s, Inc. to 510 Burnett Rd, LLC located at 510 Burnett Rd. Applicant Derek Salema 4 Harding Ave. 3  Ludlow, MA 01056. Mr. Salema and his attorney John Cruz were present at the meeting. The applicant applied for the special permit under the wrong section of the zoning ordinance. The correct section is 275-58 C (4). The legal ad and abutters notices contained the correct information. Mr. Cruz stated that this is a request for a transfer of the liquor license. The business will be run the same as it is currently just under different ownership. Reports read from the following: Engineering: three handicap spaces required include one van accessible (req), one parking space is within the city right-of-way, if no other site work is being proposed, no further engineering comments. Planning: Property is zone Business A; use allowed via Special Permit, use is existing, transferring to new owners, see no concerns with the continued use of this property and liquor license. Recommend approval. Fire: No concerns at this time. Condition Permit to run with the applicant Compliance with Engineering Department recommendations Motion made by Couniclor Krampits and second by Councilor Laflamme to approve. Committee vote 5 – 0 favorable. ITEM #4 Minutes – April 14, 2016 Motion made by Councilor Krampits and second by Councilor Brooks to approve. Motion passed. Meeting adjourned at 6:51 PM. 4