City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Members Shane Brooks, Chair Approved 4-13-17 Timothy McLellan, Vice Chair Fred Krampits Frank Laflamme Jerry Roy James Tillotson William Zaskey MINUTES March 9, 2017 The following are the minutes of a public hearing held Thursday, March 9, 2017 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 Absent McLellan, Roy, Zaskey Also Present Dan Garvey (City Solicitor), Lee Pouliot (Planning Director) The meeting was 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 Zone Change application from Residential A to Business A for 1,750 SF of property for the purpose of additional car parking located at 376 Broadway. Applicant: Broadway Auto Shop, Inc. Kassem Kabbout, 376 Broadway Chicopee, MA 01020 Kassem Kabbout and Abbas Hamden were present at the meeting. This is a split zone parcel. This zone change will make the lot consistent. The Planning Board voted to approve. Motion made by Councilor Tillotson and second by Councilor Krampits to approve. Committee vote 4 – 0 favorable. ITEM #2 Special Permit application under Chapter 275-52 B (10) for the purpose of parking facility on Residential A property located on the rear parcel of 376 Broadway. 1 Applicant: Broadway Auto Shop, Inc. Kassem Kabbout 376 Broadway, Chicopee, MA 01020 Kassem Kabbout and Abbas Hamden were present at the meeting. Reports were read from the following departments: Planning: Property is zoned Residential A and owned by the city of Chicopee. A property lease has been executed. Use (parking) allowed via Special Permit (275-52 (B) (10). Confirm screening (fencing or evergreen hedge) 275-40 (C) (11) adjacent to residentially used properties. Existing/continuance of use of the property. Pavement setbacks and stormwater requirements will apply if and when the property is improved with any new paved surface. Fire: Maintain access for emergency vehicles at all times, no storage of junk vehicles and/or parts. Engineering: the six rear parking spaces do not meet the travel lane width of 24’ for two-way travel. The lease agreement with the city is on file. Conditions Restrictions from the Planning Board and Fire Department  Maintain access for emergency vehicles at all times  No storage of junk vehicles and/or parts  Pavement setbacks and stormwater requirements will apply if and when the property is improved with any new paved surface  Screening (fencing or evergreen hedge) adjacent to residentially used properties  Permit to run with the applicant Motion made by Councilor Laflamme and second by Councilor Tillotson to approve with conditions. Committee vote 4 – 0 favorable. ITEM #3 Special Permit application under Chapter 275-58 C (4) for the purpose of bar and restaurant –consumption of alcohol in a business zone located at 621-625 Center St. Applicant: KAJ Associates, LLC Luiselis Hernandez, Manager 621 Center St. Chicopee, MA 01013 Attorney Dan Kelly, Luiselis Hernadez, and Kristine Resin were present. This is the former Kelly’s establishment. Attorney Kelly stated that this owner will be adding more of a kitchen and focus on lunches and dinners. Councilor Brooks stated that this is in a condensed area with respect to parking and some of the adjacent buildings that operate during the times that this establishment will be open. There is a methadone clinic and several industrial businesses. He continued that one of the main concerns that he has is the numerous complaints that he has received from the Police Department is late night people leaving the establishment. 2 There have been reports of drag racing. The graphic company has been hit several times in the last couple of months. There is police presence in the area to deter the drag racing. Councilor Brooks stated that he appreciates the investment in the area. Reports read from the following: Engineering: Plan is not sufficient. Cannot be reviewed, not to scale, no surface characteristics shown. Planning: Property is zoned Business A; use is allowed via Special Permit (275-58 (C) (4)). Transfer of business to new ownership; see no issue with continuance of the existing use. Fire: 1. Applicant will be required to read, understand, and abide by all applicable codes and regulations including but not limited to 527 CMR 1.00 Massachusetts Comprehensive Fire Safety Code, 780 CMR, Massachusetts State Building Code; MGL Chapter 148, Fire Prevention. 2. All permits, licenses and certifications shall be acquired and maintained up to date. 3. Fire extinguishers shall be required. Type and quantity to be determined. 4. Commercial cooking equipment, hoods and suppression system shall be inspected and maintained as required. 5. An inspection will be conducted by the Fire Prevention Bureau of the Chicopee Fire Department prior to operation. 6. Proper address numbering is required by Code of the City of Chicopee. 7. All required inspections shall be scheduled as required to maintain compliance with applicable licenses, codes and regulations. 8. Dumpster shall be kept at least 25’ from buildings. Conditions Special Permit will require to follow all restrictions by Fire and Planning 1. Applicant will be required to read, understand, and abide by all applicable codes and regulations including but not limited to 527 CMR 1.00 Massachusetts Comprehensive Fire Safety Code, 780 CMR, Massachusetts State Building Code; MGL Chapter 148, Fire Prevention. 2. All permits, licenses and certifications shall be acquired and maintained up to date. 3. Fire extinguishers shall be required. Type and quantity to be determined. 4. Commercial cooking equipment, hoods and suppression system shall be inspected and maintained as required. 5. An inspection will be conducted by the Fire Prevention Bureau of the Chicopee Fire Department prior to operation. 6. Proper address numbering is required by Code of the City of Chicopee. 7. All required inspections shall be scheduled as required to maintain compliance with applicable licenses, codes and regulations. 8. Dumpster shall be kept at least 25’ from buildings. 9. Permit to run with the applicant Motion made by Councilor Laflamme and second by Councilor Tillotson to approve with conditions. Committee vote 4 – 0 favorable. ITEM #4 Special Permit application under 275-58 C 6 to use the property as a small scale production facility at 280 New Ludlow Rd. Applicant Walter J. Rose 3  87 Montcalm St. Chicopee, MA 01020 Walter Rose was present at the meeting. The proposal is to obtain the Special Permit to operate out of 280 New Ludlow Road. The current facility at Montcalm Street will be closed. This is a small production and metal fabrication company. They are currently located at 88 Montcalm Street and 32 Dulong Circle. The facility on New Ludlow Road will allow the consolidation under one roof and the expansion of their business. The current use at 280 New Ludlow Road is Everson Distribution Company. It’s the distribution of private label candy. They operate 8 package lines daily. Their hours of operation are 6 AM to 11 PM for two shifts Monday through Friday and some weekends if necessary. They employ 25-30 people. Their truck traffic is approximately 5 trucks daily. Receiving starting as early as 6 AM. The proposed use by Metal Man is to operate within the four walls of the facility. There will be fifteen employees. The truck traffic will drop dramatically. Three to four trucks per week usually arriving at noon. Councilor Laflamme asked what Mr. Rose will do with the facility on Montcalm Street. Mr. Rose replied that he is not sure yet. Public Input Bill Martins, questioned what will be done within the facility. He was concerned about truck traffic at the facility and the noise. Also concerned about the fence being in disrepair. Mr. Martins stated that the current business operator has respect for the neighbors. “If these guys are not going to do that, then there’s going to be a war. Simple.” Chairman Brooks stated that the applicant is proposing less truck traffic than the current use at 280 New Ludlow Road. The current Special Permit that Mr. Everson has allows him to operate from 6 AM to 11 PM. Mr. Rose is proposing from 7 AM to 5 PM. Reports read from the following: Fire: 1. The business is to comply with applicable sections of the Massachusetts Comprehensive Fire Safety Code [527 CMR 1.00] 2. Fire extinguisher(s) are required in the place of the business. Size and quantity will be determined at a later date. [527 CMR 5.09(8)] 3. Dumpsters shall be kept at least 25’ from building 4. Proper address numbering per Code of City of Chicopee 5. Recommend KNOX Box key access system to be installed on building for emergency access by Chicopee Fire Dept. 6. If building has fire sprinkler system and/or fire alarm system, applicable inspection reports will be required. 7. The applicant must contact the Fire Prevention Office to arrange an inspection of the establishment prior to opening and complete a “Business/Property Information Form.” Planning: Property is zoned Business A, proposed use allowed with a Special Permit (275-58 (C) (6). Proposed use fits characteristics of a small-scale production facility. Narrative details the proposed use will have fewer employees and truck traffic. Property has adequate parking for employee count. Recommend approval. 4 Conditions 1. The business is to comply with applicable sections of the Massachusetts Comprehensive Fire Safety Code [527 CMR 1.00] 2. Fire extinguisher(s) are required in the place of the business. Size and quantity will be determined at a later date. [527 CMR 5.09(8)] 3. Dumpsters shall be kept at least 25’ from building 4. Proper address numbering per Code of City of Chicopee 5. Recommend KNOX Box key access system to be installed on building for emergency access by Chicopee Fire Dept. 6. If building has fire sprinkler system and/or fire alarm system, applicable inspection reports will be required. 7. The applicant must contact the Fire Prevention Office to arrange an inspection of the establishment prior to opening and complete a “Business/Property Information Form.” 8. Permit to run with applicant Motion made by Councilor Laflamme and second by Councilor Tillotson to approve with conditions. Committee vote 4 – 0 favorable. Motion made by Councilor Laflamme and second by Councilor Tillotson to take #6 out of order. Motion passed. ITEM #6 Zone Change application from Business A to Residential B for 7286 +/- SF of property for the purpose of constructing a two-family house. Location: Nonotuck Ave (corner of Captain Mac St.) Assessor Map 48, Parcel 19. Applicant Anthony Wheeler 95 Mulcahy Dr. West Springfield, MA 01089 Mr. Wheeler was present at the meeting. He is requesting the zone change to construct a 2 family residence. The property will have driveways that will accommodate 2 vehicles for each residence. Mr. Wheeler provides professional landscaping for his properties every two weeks. The lease agreements will specify that there is no on street parking only parking in the driveway. Mr. Wheeler stated that one driveway will be on Nonotuck Avenue and the other will be on Captain Mac. Public Input Mr. Edward Osetek, 28 Stearns Terrace, stated that he has seen Mr. Wheeler’s homes in other communities and they look good. He has concerns about more vehicles parking on the street. He further stated that no parking signs have been removed from Nonotuck Avenue. One sign was thrown on his property. The following Planning Board report was read: On January 5, 2017 the Planning Board tabled their recommendation on the Zone Change request of Mr. Anthony Wheeler for property on Nonotuck Avenue due to Mr. Wheeler’s absence. The Zone Change request was tabled to February 2, 2017. The Planning Board typically tables taking action on any applications if the Applicant is absent from the hearing. On February 2, 2017 the Planning Board voted to recommend approval on the Zone Change request of Mr. Anthony Wheeler for property on Nonotuck Avenue. It appears that there was an oversight on the recommendation sheet sent to the City Council 5 dated February 2, 2017. It reads the Planning Board tabled acting on the request due to the absence of the Applicant. It should have read the Planning Board recommended approval of the Applicant’s request. Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote: 4 – 0 favorable. Motion made by Councilor Laflamme for a 1 minute recess at 7:13 PM. Motion passed. Meeting resumed at 7:15 PM. Councilor Laflamme excused himself from the meeting. He is abstaining because he is an abutter to the next item on the agenda. ITEM #5 Special Permit application under 275-53 for construction of 2 24x62 garages for tenant/owner use- structures larger than accessory use for non-accessory garages located at 290-292 Granby Rd. Applicant: James Kumiega 55 Van Horn St. Chicopee, MA 01013 Mr. Kumiega was present at the meeting. Chairman Brooks stated that because the committee now does not have a quorum because Councilor Laflamme has removed himself, the meeting will continue but will be for informational purposes only. Mr. Kumiega may present his plans to the committee but the committee will not be able to vote on the matter. Chairman Brooks also stated that Mr. Kumiega should submit in writing to the City Council a request for an extension for the Special Permit application. If this letter is not received the Council will be forced to vote it up or down on Tuesday. The Council would not want to vote without having all information and a committee recommendation. Mr. Kumiega stated that at the last meeting he was not aware of the setback requirements. Since that meeting he has made an adjustment. He is proposing one garage in the rear of the property. It will be located 15 feet from the rear property line and 10 feet from the left side of the property line. Mr. Kumiega asked if the application will need to be re-advertised. Attorney Garvey stated that if the motion is to postpone to the call of the chair, the application will not need to be re-advertised. Mr. Kumiega asked if he needs to make adjustments to his application to indicate that it will be one garage versus two as in the original application. Chairman Brooks stated that Mr. Kumiega should meet with Lee Pouliot so he can review the new plans. The revised plans should be distributed to all reviewing departments for their recommendations. Motion made by Councilor Tillotson and second by Councilor Krampits to postpone to the call of the chair. Motion passed. ITEM #7 Minutes – January 12, 2017 Motion made by Councilor Krampits and second by Councilor Tillotson to approve. Motion passed. Meeting adjourned at 7:23 PM. 6 7