City Council - Zoning Committee

CHICOPEE CITY COUNCIL ZONING COMMITTEE APPROVED ZONING COMMITTEE MEMBERS Shane Brooks, Chairman Timothy McLellan, Vice Chairman Fred Krampits Frank Laflamme Jerry Roy James Tillotson William Zaskey MINUTES June 16, 2016 The following are the minutes of a public hearing held Thursday, June 16, 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, Zaskey Members Absent McLellan Also Present Daniel Garvey (Associate City Solicitor), Councilor Courchesne 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 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 Vicente and Luke Vicente (son) were present at the meeting. The following letter was read from Carl Dietz: May 31, 2016 Lee Pouliot, Planning Director Dear Mr. Pouliot: 1 Per your request, I have reviewed Departmental records to evaluate the legal existence of the structure at 84-86 Monroe Street, parcel number 0085-00034. The property in question is a Residence B lot comprised of 5,307 square feet of land. The revised Ordinances of 1956 required 7,500 square feet of land area for a single family home in a Residence B district, and 10,000 square feet of land area for a two family home in a residence B district. The Building Department has on file, a building permit for the installation of aluminum siding to the structure issued on September 19, 1972. In said building permit application, the applicant listed the property as a two family dwelling. There are no other building permits or building permit applications on file for 84-86 Monroe Street in Chicopee. The Massachusetts Building Code requires a building permit to change the occupancy of a structure. With no building permit on file, no evidence of a variance, and the fact that the lot does not even support a two family structure under the 1956 and later ordinances, lead me to believe that 86 Monroe Street is at best a legal non-conforming 2 family dwelling. Any action taken to improve the upper level of the structure was done without the benefit of a building permit and in violation of the zoning ordinance. Should the City Council approve a zone change, the applicant will also need a Council determination that the proposed development serves to preserve a unique natural area, historical building, or is compatible with the neighborhood in order for a dimensional waiver to be granted for a lot that is undersized by 4,693 square feet in area. In summary, 84-86 Monroe Street is a legal non-conforming 2 family dwelling at best. Ideally, the non- conformities in a zoning district will diminish over time, as redevelopment is done is accordance with current zoning requirements. A zone change here would be counter-productive to preserving the character of the neighborhood, will set an undesirable precedence for spot zoning, and inappropriately benefits property owners who don’t play by the rules. Should you have any questions or desire additional information, please feel free to contact me directly. Sincerely, Carl Dietz Building Commissioner Ms. Vicente stated that she purchased the property in 1984 and she refinanced in 2007 and had no issues but this time when she applied to refinance the mortgage an issue came up that the property is not zoned properly for a 3 family. Ms. Vicente also stated that after she purchased the home she requested a third meter and CEL came out and installed the 3rd meter. Mr. Vicente stated that they have been taxed as a three family dwelling and have been paying that rate all along. His father came in to get the third meter and asked what else needed to be done and was told that nothing else needed to be done. Councilor Krampits stated that he checked with the Board of Assessors and was told that the house is actually classified as a 2 family and have been paying taxes only as a 2 family. Ms. Vicente stated that in the 1990s the Council granted a zone change for a 3 family on Madison Street and on Hampden Street a zone change was recently granted to convert a 2 family to a 3 family. Motion made by Councilor Krampits and second by Councilor Brooks to defeat. Committee vote 6 – 0 favorable to defeat. 2 ITEM #2 Application for a Special Permit under section 275-40 G 4 for the purpose of waiver of parking requirements under section G 4 located at 454 Grattan St. Applicant O’Connor Ent., Inc., d/b/a Quicky’s Jeffrey O’Connor, President 2 Springfield St., Chicopee, MA 01013. Jeff O’Connor was present at the meeting. He stated that Quicky’s is being evacuated from their current location at 2 Springfield Street because the property owner will be converting the building into all residential. This Special Permit request is to request a waiver of the required parking at the new location on Grattan Street. Mr. Rider, 27 Ashgrove Street, stated that there have been numerous businesses located at this site and they never needed a waiver for parking in the past. He also questioned the street number location for this business. Mr. Rider stated that he believes that the correct address should be 452. He was also concerned about how the snow removal from this property will affect the width of Ashgrove Street. Reports read from the following departments: Health Department Other health concerns within the building Fire Department Due to the large amount of traffic on Grattan Street and the close proximity to the busy intersection at Granby Road, the Chicopee Fire Department recommends denial of the parking requirement waiver for the above proposed business. Engineering Department Parking as shown leaves a 7’ wide travel lane in rear of building. Handicap parking as shown exceeds the surface slope requirement. 2% max – 6.3% existing. Conditions Permit to run with the applicant Must consult with Commission on Disability on proper placement of parking spot Applicant must maintain openness of public way during winter months Motion made by Councilor Roy and second by Councilor Krampits to approve. Committee vote 6 – 0 favorable. ITEM #3 Minutes – May 12, 2016 Motion made by Councilor Laflamme and second by Councilor Brooks to approve. Motion passed. Meeting adjourned at 7:20 PM. 3