City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 5-11-2017 Members Shane Brooks, Chair Timothy McLellan, Vice Chair Fred Krampits Frank Laflamme Jerry Roy James Tillotson William Zaskey MINUTES April 13, 2017 The following are the minutes of a public hearing held Thursday, April 13, 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, Roy, Tillotson, Zaskey Absent McLellan 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 Special Permit application under 275-27.1 (B) to install a 150’ tall wireless telecommunications tower with relocated public safety antennas having a highest elevation of 158’. Additional equipment to support the tower will also be installed and waivers under 275-27-1 C and G for setback and tower location-located at 110 Church Street. Applicant: Ellen W. Freyman, Authorized Agent, for Cellco Partnership d/b/a Verizon Wireless, 1441 Main Street, Suite 1100, Springfield, MA 01103. Attorney Michael Fenton, 1441 Main Street, Springfield stated we are also joined by our Verizon wireless team; Shelby Docker, Jane Latouri, and Doug Roberts. Michael Fenton stated that this project is at the request of the City of Chicopee and we have a lease signed by the Mayor to erect a one hundred and fifty foot pole and accessory equipment at the site of the Public Safety Complex. We will provide for the removal of the existing one hundred and fifty foot tower. It will also allow for Verizon Wireless and potentially other future carriers to locate their wireless telecommunications equipment on the structure. He stated it will 1 also provide for rent free space to the Public Safety and Departments in the city. We have letters of support from the Fire Department and Police Chief. This will also increase revenue for the city because there will be rental payments from Verizon wireless to the City of Chicopee for this location. Councilor Laflamme asked if this tower will interfere with the Police and Fire Departments systems such as 911. Ellen Freymen stated that they are working together with the Police and Fire Department so all the cities equipment will be on this tower. Department Recommendations Planning Department Upon review of the Public Safety Complex, Planning Staff makes the following recommendation: 1. The property is currently zoned residential B which per 275-27.1 Wireless Communications-prohibits the construction of communications towers in residential zones. Per 275-27.1(D) – such facilities are allowed in Business A,B,C and Industrial Zones with a Special Permit. 2. As currently zoned; the Public Safety Complex could be considered a large spot zone as it is not contiguous to any other residential B districts. Further, Planning staff does not anticipate the City disposing of this property for redevelopment as a residential use in the foreseeable future. 3. Planning staff recommends that Zone Change be advanced to change zoning from residential B to Business A which better approximates the current use on the property and eliminates a spot zone. The Zone Change would also eliminate the need to consider a use variance through the Zoning Board of Appeals prior to the issuance of a Special Permit by the City Council. Planning staff recommends approval of the Special Permit contingent upon the completion of the Zone Change and the securing of dimensional variances from the Zoning Board of Appeals. Engineering Department No Comments regarding special permit application. Comments regarding site work to be addressed during site plan review. Fire Department No Concerns Conditions Permit runs with the applicant Subject to obtaining necessary zone change and the securing of dimensional variances from the Zoning Board of Appeals. Councilor Tillotson motion to approve – Councilor Brooks 2nd the motion Committee vote 5 – 0 favorable 2 ITEM #2 Special Permit application under 275-52 B (1) to obtain an on-premises alcohol license for the Chicopee Elks Banquet Hall located at 433 Granby Rd. Applicant-Chicopee Lodge No. 1849 of the B.P.O.E., Inc., Brett Vottero, Treasurer, 431 Granby Rd., Chicopee, MA 01013. Bret Vottero, 235 State Street, Springfield Joseph Gora, 109 Norwich Lake, Huntington, Ma Bret Vottero stated we’re trying to find ways for the Elks to meet its mission which is really assisting the City of Chicopee. One of the things we’ve always done is made our facilities available without charge for nonprofit local community groups and we want to try to expand that. With our declining membership, one of our biggest assets is the facility that we have. We put some money into it and the Elks has the largest dance floor in Western Massachusetts. We’re anxious to make it available to community groups without charge and also private groups as another source of revenue for the Elks. We have had a club license for sixty years. Public Input Susan Tawrel, 79 Sunflower Ave. stated that although the Elks have been a fine organization, it has been a lousy neighbor. In the seventies they had landfill back there and there were a lot of problems. We were promised there would be a pavilion for picnics and tennis courts and that never happened. Just a couple years ago there was a solar field; I assumed that we were going to get a line of abbreviates to be a barrier between the solar panels and us. I had to call Councilor Brooks to see if they could come and remove some of the brush that is impeding the street area. It’s an eyesore and we get promises all of the time. Councilor Brooks stated that he will get together with Brett and Joseph and talk about some of the quality of life issues and we’ll come up with a plan. I trust that they’ll be interested in addressing many of your concerns. There have been others in the neighborhood that have had some concerns and I’ve had some conversations in the past with the Exalted Ruler with our expectations as far as the city goes with the maintenance. Linda Czerwiecki, 87 Sunflower Ave., wanted to know if the other liquor license expired. Councilor Brooks stated that this is more of a housekeeping measure. In the past the liquor license was being applied to both settings and it wasn’t within the boundaries and the rules that the city has. The license was shared upstairs and down stairs and now we’re trying to delineate the function of the private banquet hall downstairs to the license banquet hall that the general public would have access to rent. It won’t change the function or increase the capacity of the building. It will just get them the appropriate licensing to have banquets upstairs. Brett Voterro stated that we are trying to make sure that the Elks is functioning properly in compliance with both the State laws, all of the ordinances in the City of Chicopee and being good neighbors. Councilor Brooks stated he will address some of the promises that were made with respect to arborvitaes. The neighborhood overwhelmingly supported the idea of the solar farm to keep the Elks viable in the community. I will reach out and see if we can get some of those challenges rectified. 3 Fire Department 1. The business shall 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 business. Size and quantity to be determined. (527) CMR 1.00, s.13.6) 3. Dumpsters shall be kept at least 25’ from building. 4. Proper address numbering per Code of City of Chicopee 5. If building has fire sprinkler system and/or fire alarm system, applicable inspection reports will be required. 6. Inspection reports for commercial cooking equipment and suppression system shall be up to date. 7. Annual certificate of inspection requirements shall be maintained to date. 8. Applicant must contact the Fire Prevention Office to arrange an inspection of the establishment prior to opening and complete a “Business/property information form”. Engineering Department No comments Planning Department Property is zoned residential A; use allowed via Special Permit as a Membership Club (275- 52(B) (1)). Precedent set with other membership clubs having similar licenses for publicly – available banquet spaces – see no major site issues. Recommend approval Permit to run with applicant Councilor Laflamme motion to approve – Councilor Brooks 2nd the motion Committee vote 4 – 0 favorable - Councilor Tillotson abstained ITEM #3 Special Permit application under 275-22 (C) for the right to extend a non-forming use by up to 25% of its fair market value or its area – legal use for 4 unit dwelling located at 583 Chicopee Street. Applicant: Sharon Riley, 80 Daniel Shays Highway, Suite 1, Belchertown, MA 01007. Sharon Riley stated she is the owner and Manager of Property one LLC. She stated she purchased the building at 583 Chicopee Street in 2005 and when she purchased the property it 4 was a four unit dwelling. She stated the city will benefit because the taxes will go up because it will be a legal four family building. Lee Pouliot stated that the total parking limit is seven cars, not counting the garage she would have the seven spots needed. She meets the requirement. Lee Pouliot stated the he would anticipate that the Building Commissioner in counseling the applicant to move through this Lee Pouliot stated that what the Building Commissioner is referring to with the new building permit is it will officially change the size of the existing apartment which right now per his records is a certain number of bedrooms for that first floor apartment. He stated it’s essentially a paperwork exercise to conform to what she has. The first floor apartment will legally be smaller and also the separate studio apartment. Fire Department Plan incomplete. Building Department has been advised. Building Department If approved, the owner will need to secure a building permit to change the use of the structure. New unit removes at least one bedroom from first floor apartment. Engineer Department Submitted plan is inadequate. Show sidewalk in relation to property line. Show curb cuts. Show traffic flow Parking spaces 5, 6,7 are under sized for standard parking Access aisles are too narrow Permit to run with land Meet all requirements of Building Department, Planning Department and Engineering Councilor Tillotson motion to approve – Councilor Brooks 2nd the motion Committee vote 6 – 0 favorable Councilor Krampits motion to remove Item #4 from the table – Councilor Brooks 2nd the motion – motion passed – Councilor Laflamme abstained ITEM #4 Postponed 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. 5 Applicant was not present. He sent a letter to postpone until the May 11th Zoning Committee meeting. Councilor Brooks read the letter. Councilor Krampits motion to postpone to the call of the chair until the next meeting – Councilor Brooks 2nd the motion – motion passed ITEM #5 Ordinance Amendment – Proposed Ordinance Chapter 275 Section 71 “Renewable Energy.” Full text available in the City Council Office. Applicant: Councilor James K. Tillotson (At-Large). Councilor Tillotson stated that there are some changes made to clarify and bring the definitions up to date. 275, Section 71 Renewable Energy General Definitions Special Permit Granting Authority: A body of local government designated by the municipality to grant special permits. In the City of Chicopee the city council holds such authority. Site Plan Review Authority: Refers to the body of local government designated by the municipality to review site plans. For the City of Chicopee the Planning Board serves as the Site Plan Review Advisory Committee. Zoning Enforcement Authority: The board charged with enforcing the zoning bylaws. For the City of Chicopee the Building Commissioner serves as the Zoning Enforcement Authority. Definitions (Photovoltaic Systems) Photovoltaic System (also referred to as Photovoltaic Installation): An active solar energy system that converts solar energy directly into electricity. Rated Nameplate Capacity: The maximum rated output of electric power production of the photovoltaic system in watts of Direct Current (DC). Solar Energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar Energy System, Grid-Intertie: A photovoltaic system that is connected to an electric circuit served by an electric utility. Solar Energy System, Ground-Mounted: An Active Solar Energy System that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-, medium-or large-scale). 6  Solar Energy System, Large-Scale: An Active Solar Energy System that occupies more than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater). Solar Energy System, Medium-Scale: An Active Solar Energy System that occupies more than 1,750 but less than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 10 - 250 kW DC). Solar Energy System, Off-Grid: A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility. Solar Energy System, Roof-Mounted: An Active Solar Energy System that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium-or large-scale). Solar Energy System, Small-Scale: An Active Solar Energy System that occupies 1,750 square feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or less). Definitions (Wind Systems) Building Integrated Wind Energy System: A building-mounted wind energy conversion system that has a manufacturer’s rating of 10 kW or less and projects no more than fifteen (15) feet above the highest point on the roof and shall not be considered a small wind energy system in terms of area and setback requirements. This definition also covers, for the purposes of this zoning provision, other wind energy systems primarily used for land-based applications which may be permanently mounted and operated on a building. Utility-Scale Wind Energy Facility: A commercial wind energy facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets. Wind Energy Facility: All of the equipment, machinery and structures together utilized to convert wind to electricity. This includes, but is not limited to, developer-owned electrical equipment, storage, collection and supply equipment, service and access roads, and one or more wind turbines. Wind Turbine: A device that converts kinetic wind energy into rotational energy to drive an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades. A. Purpose The purpose of this ordinance is to; 1. Promote the use of renewable energy systems, including the creation of new large-scale ground-mounted solar photovoltaic installations and wind energy facilities. 2. Provide standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety and minimize impacts on scenic, natural and historic resources and residential viewsheds. 3. Ensure adequate financial assurance for the eventual decommissioning of such facilities. B. Applicability 7  1. All renewable energy installations shall be installed in compliance with the requirements of Chicopee City Code Chapter 275 – XXX; state and federal law, and the standards and procedures established by Chicopee Electric Light (CEL) or Western Massachusetts Electric Company (WMECO). This requirement pertains to physical modifications that alter the type, configuration or size of installations preexisting this ordinance and those installations permitted in accordance with this ordinance. This section also pertains to physical modifications that materially alter the type, configuration or size of these installations or related equipment. 2. Nothing in this chapter should be construed to prevent the installation of accessory roof mounted solar photovoltaic installations. C. Process The following identifies those uses that are allowed by right and those that may be allowed only by special permit. The City Council is the special permit granting authority in accordance with Chicopee City Code, § 275-9. The construction and operation of all solar photovoltaic installations and wind energy facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation or wind energy facility shall be constructed in accordance with the State Building Code. D. Utility Notification 1. For installations that do not require a special permit: Prior to issuance of building and/or electrical permit, the installation owner or operator must enter into an interconnection agreement with the utility company that operates the electrical grid for which the installation connection is proposed. Proof of the interconnection agreement shall be presented to the Building Department with the permit application. Projects that are not designed to connect to an electrical grid are exempt but must comply with all other relevant requirements. 2. For installations requiring a special permit: No special permit applications shall be accepted unless installation owners provide written proof that they have notified the utility company that operates the electrical grid for which the installation connection is proposed. E. Solar 1. Production for On-Site Use The following conditions shall apply to all installations designed to convert solar energy into a power source for residential, commercial, business and industrial uses where the primary purpose of the system is to generate power for those uses. These uses are permitted in any zoning district within the city. a. Visual Impact: All solar conversion installations shall be designed and located to minimize adverse visual impacts. All abutting property shall be visually screened from the project through any one or combination of the following: location, distance, plantings, existing vegetation and fencing (not to exceed six feet). b. Pole Mounted Installations: If solar conversion installations are mounted on a pole or other apparatus separate from a principal or accessory structure, said apparatus must comply with accessory structure regulations within their respective zoning districts and be set back from adjoining property lot lines at a ratio of one-to-one of apparatus height to the setback requirement, whichever is greater. 8  c. Rooftop Installations: Rooftop solar conversion installations that are not flush mounted must not exceed the overall building height limits of the underlying district. Height is measured to the highest protruding point of the solar energy system at its fullest extension. d. Utility Notification: Written proof that CEL or WMECO is in discussions with the applicant regarding an interconnection agreement must be submitted with all permit applications. No building or electrical permits will be issued until the installation owner or operator enters into an interconnection agreement with the utility company that operates the electrical grid for which the installation connection is proposed. Proof of the interconnection agreement shall be presented to the Building Department with the permit application. Projects that are not designed to connect to an electrical grid are exempt but must comply with all other relevant requirements. Reasonable efforts, as determined by the City Council with guidance from the Planning Department, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be aboveground if required by the utility provider. 2. Production for Off-Site Use The construction of a solar energy system intended for off-site generation as set forth in Chicopee City Code Chapter 275-6 and shall comply with all requirements set forth herein. 275-66: Burnett Road Shall not apply to such a project proposed for the Burnett Road area of the city a. Screening: Structures must be shielded from view and/or located to avoid adverse visual impacts as deemed necessary by and in the opinion of the Site Plan Review Advisory Committee. i. Landscaping: (a) Plantings intended to provide screening shall be evergreen, installed at a minimum of 6’ in height measured from the top of the root ball to the tip of the plant and spaced to create a visual barrier. (b) Deciduous buffers: deciduous or mixed deciduous and evergreen buffers shall be a minimum of 40’ wide and are counted as part of the setback. ii. Natural features: Natural features and features designed to appear as natural features may be employed as visual barriers. Existing vegetation must be at least 40’ in width and adequately dense to provide sufficient screening. iii. Fencing: Fences shall be installed at a minimum of 6’and shall be solid in appearance. b. Setbacks: The purpose of setbacks is to mitigate adverse impacts on abutting properties. For large-scale, ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows: i. Minimum of 50’. ii. Every abutting property shall be visually screened from the project through any one or combination of the following landscaping, existing vegetation and fencing (not to exceed 6’). 9  c. Lighting: Lighting of parts of the solar energy system shall be limited to that required for safety and operational purposes, and shall be designed to minimize glare on abutting properties and be directed downward with full cutoff fixtures to reduce light pollution. The City suggests the use of LED systems whenever possible to conserve electricity. d. Signage: Signs on the solar energy system shall comply with the dimensional and setback requirements of the underlying zoning regulations. Signage in districts with no signage requirements are limited to 2 signs, 3 square feet in size, maximum of 5’ in height, and located in such a manner that there is an unobstructed view of the street from an access drive. Signage required for safety or emergency is excluded from the signage requirements in this section. e. Appurtenant Structures: All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations as adopted by the Planning Board concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shielded from view by existing vegetation or plantings and/or joined or clustered to avoid adverse visual impacts f. Parking: Reasonable on-site parking is required for vehicles that will service solar energy systems. Please refer to Chapter 275 – 40 (N)(2)(V)(Parking and Loading) g. Consultants: Upon submission of an application for a renewable energy installation requiring Site Plan Review Advisory Committee Review, the Permit Granting Authority will be authorized to hire outside consultants, pursuant to MGL c.44, §53G. As necessary, the applicant may be required to pay the consultant’s fees. h. Emergency Services: The applicant shall provide a copy of the project summary, electrical schematic, and site plan to local emergency service providers, as designated by the Site Plan Review Advisory Committee. Upon request, the applicant shall cooperate with local emergency services in developing an emergency response plan. All means of disconnecting the solar energy system shall be clearly marked. The applicant or system owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. The owner or operator shall be required to provide a secure, tamper proof storage box for keys or other access tools at each locked entrance to the facility and maintain a complete set of all keys or devices required to gain emergency access to all areas, buildings and equipment of the facility in each box. i. Security: The solar energy system shall be designed to prevent unauthorized access. Access to electrical equipment shall be locked where possible. j. Operation & Maintenance Plan: The applicant shall submit a plan for maintenance of access roads and storm water controls, as well as general procedures for operational maintenance of the solar energy system. Site access shall be maintained to a level 10  acceptable to the local Fire Chief, Police Chief, Emergency Medical Services and Site Plan Review Advisory Committee. k. Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation and per best management practices of natural areas or good husbandry of the land or forest otherwise prescribed by applicable laws, regulations and bylaws and defined by Mass General Law Chapter 131, Section 140; 310 CMR Wetlands Protection; and Chicopee Stormwater Ordinance: City Code Chapter 231. The clearing of greenfields/ undeveloped landscapes and the development of such facilities is prohibited. [Note: is this legal?] l. Financial Surety: Proponents of renewable energy projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain in the event the city must maintain or remove the facility and remediate the landscape in an amount and form determined to be reasonable by the Site Plan Review Advisory Committee, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation m. Abandonment and Removal i. Abandonment: Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the installation shall be considered abandoned when it fails to operate for more than one year. If the owner or operator of the installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the city may enter the property and physically remove the installation. ii. Removal Requirements: Any installation which has reached the end of its useful life or has been abandoned, shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the City of Chicopee by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of: (a) Physical removal of all structures, equipment, security barriers and transmission lines from the site. (b) Disposal of all solid and hazardous wastes in accordance with local, state and federal waste disposal regulations. (c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Advisory Committee may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation. 11 F. Wind 1. Residential & Business Production – Individual Use The following conditions shall apply to all structures and devices designed to convert wind energy into a usable power source for residential, commercial, business and industrial uses where the primary purpose of the system is to provide power for those uses. a. Pole mounted wind conversion systems are prohibited. b. Building integrated wind conversion systems are permitted in all zoning districts. For the purpose of this chapter, building integrated systems refer only to systems encased within a principle or accessory building. 2. Production for Commercial Sale The following conditions shall apply to all structures and devices designed to convert wind energy into a usable power source for commercial sale. a. Pole mounted wind conversion systems are prohibited. b. Building integrated wind conversion systems are permitted. All such systems shall have a protective shroud to contain projectiles in the event of system malfunction. c. No wind energy conversion system shall be erected, used or otherwise employed if said device interrupts or disturbs radio or television signal reception. d. Monitoring and Maintenance- The applicant shall maintain the wind energy facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, emergency braking (stopping) and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The project owner shall be responsible for the cost of maintaining the wind energy facility. e. e. Abandonment or Decommissioning- Removal Requirements Any wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. The owner/operator shall physically remove the facility no more than 150 days after the date of discontinued operations. Decommissioning shall consist of: (a) Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site. (b) Disposal of all solid and hazardous wastes in accordance with local, state, and federal waste disposal regulations. (c) Stabilization or re-vegetation of the site as necessary to minimize erosion. f. Financial Surety - Applicants for commercial-scale wind energy facilities shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain in the event the city must maintain or remove the facility and remediate the landscape in an amount and form determined to be reasonable by the Site Plan Review Advisory Committee, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation G. Wood 12  Outdoor Woodturning Boilers (OWBs) are prohibited by the Chicopee Health Department (insert citation) Planning Board Recommendation 275-71 Renewable Energy General Definitions Adverse Visual Impact: When an undertaking alters directly or indirectly the viewshed from a property in a manner that would diminish that property’s perceived value. Special Permit Granting Authority: A body of local government designated by the municipality to grant special permits. In the City of Chicopee the city council holds such authority. Site Plan Review Authority: Refers to the body of local government designated by the municipality to review site plans. For the City of Chicopee the Site Plan Review Advisory Committee (SPRAC) serves as the Site Plan Review Authority. Zoning Enforcement Authority: The board charged with enforcing the zoning bylaws. For the City of Chicopee the Building Commissioner serves as the Zoning Enforcement Authority. Definitions (Photovoltaic Systems) Greenfield – An area of agricultural or forest land, or some other undeveloped site. Photovoltaic System (also referred to as Photovoltaic Installation): An active solar energy system that converts solar energy directly into electricity. Rated Nameplate Capacity: The maximum rated output of electric power production of the photovoltaic system in watts of Direct Current (DC). Solar Energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar Energy System, Grid-Intertie: A photovoltaic system that is connected to an electric circuit served by an electric utility. Solar Energy System, Ground-Mounted: An Active Solar Energy System that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-, medium-or large-scale). Solar Energy System, Large-Scale: An Active Solar Energy System that occupies more than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater). Solar Energy System, Medium-Scale: An Active Solar Energy System that occupies more than 1,750 but less than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 10 - 250 kW DC). 13  Solar Energy System, Off-Grid: A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility. Solar Energy System, Roof-Mounted: An Active Solar Energy System that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium-or large-scale). Solar Energy System, Small-Scale: An Active Solar Energy System that occupies 1,750 square feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or less). Definitions (Wind Systems) Building Integrated Wind Energy System: A building-mounted wind energy conversion system that has a manufacturer’s rating of 10 kW or less and projects no more than fifteen (15) feet above the highest point on the roof and shall not be considered a small wind energy system in terms of area and setback requirements. This definition also covers, for the purposes of this zoning provision, other wind energy systems primarily used for land-based applications which may be permanently mounted and operated on a building. Utility-Scale Wind Energy Facility: A commercial wind energy facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets. Wind Energy Facility: All of the equipment, machinery and structures together utilized to convert wind to electricity. This includes, but is not limited to, developer-owned electrical equipment, storage, collection and supply equipment, service and access roads, and one or more wind turbines. Wind Turbine: A device that converts kinetic wind energy into rotational energy to drive an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades. A. Purpose The purpose of this ordinance is to; 4. Promote the use of renewable energy systems, including the creation of new large-scale ground-mounted solar photovoltaic installations and wind energy facilities. 5. Provide standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety and minimize impacts on scenic, natural and historic resources and residential viewsheds. 6. Ensure adequate financial assurance for the eventual decommissioning of such facilities. B. Applicability 3. All renewable energy installations shall be installed in compliance with the requirements of Chicopee City Code Chapter 275 – 71; state and federal law, and the standards and procedures established by Chicopee Electric Light (CEL) or Western Massachusetts Electric Company (WMECO). This requirement pertains to physical modifications that alter the type, configuration or size of installations preexisting this ordinance and those installations permitted in accordance with this ordinance. This section also pertains to physical modifications that materially alter the type, configuration or size of these installations or related equipment. 14  4. Nothing in this chapter should be construed to prevent the installation of accessory roof mounted solar photovoltaic installations. C. Process The following identifies those uses that are allowable and those that may be allowed only by special permit. The City Council is the special permit granting authority in accordance with Chicopee City Code, § 275-9. The construction and operation of all solar photovoltaic installations and wind energy facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation or wind energy facility shall be constructed in accordance with the State Building Code. D. Utility Notification 1. For installations that do not require a special permit: Prior to issuance of building and/or electrical permit, the installation owner or operator must enter into an interconnection agreement with the utility company that operates the electrical grid for which the installation connection is proposed. Proof of the interconnection agreement shall be presented to the Building Department with the permit application. Projects that are not designed to connect to an electrical grid are exempt but must comply with all other relevant requirements. 2. For installations requiring a special permit: No special permit applications shall be accepted unless installation owners provide written proof that they have notified the utility company that operates the electrical grid for which the installation connection is proposed. E. Solar 1. Production for On-Site Use The following conditions shall apply to all installations designed to convert solar energy into a power source for residential, commercial, business and industrial uses where the primary purpose of the system is to generate power for those uses. These uses are permitted in any zoning district within the city. a. Visual Impact: All solar conversion installations shall be designed and located to minimize adverse visual impacts, defined as an undertaking that alters directly or indirectly the viewshed from a property in a manner that would diminish that property’s perceived valueAdverse visual impacts can be mitigated through a variety of actions in design, construction and maintenance. The removal of the natural or existing vegetation is the single most noticeable visual impact of a project and shall be held to a minimum to achieve community acceptance. Clearing only what vegetation is necessary for the construction can eliminate or reduce the need to mitigate. However, proper sight distances, clear zones and horizontal clearance requirements must be considered. All abutting property shall be visually screened from the project through any one or combination of the following: location, distance, plantings, existing vegetation and fencing (not to exceed six feet). b. Pole Mounted Installations: If solar conversion installations are mounted on a pole or other apparatus separate from a principal or accessory structure, said apparatus must comply with accessory structure regulations within their respective zoning districts and be set back from 15  adjoining property lot lines at a ratio of one-to-one of apparatus height to the setback requirement, whichever is greater. c. Rooftop Installations: Rooftop solar conversion installations that are not flush mounted must not exceed the overall building height limits of the underlying district. Height is measured to the highest protruding point of the solar energy system at its fullest extension. d. Utility Notification: Written proof that CEL or WMECO is in discussions with the applicant regarding an interconnection agreement must be submitted with all permit applications. No building or electrical permits will be issued until the installation owner or operator enters into an interconnection agreement with the utility company that operates the electrical grid for which the installation connection is proposed. Proof of the interconnection agreement shall be presented to the Building Department with the permit application. Projects that are not designed to connect to an electrical grid are exempt but must comply with all other relevant requirements. Reasonable efforts, as determined by the City Council with guidance from the Planning Department, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be aboveground if required by the utility provider. 2. Production for Off-Site Use The construction of a solar energy system intended for off-site generation as set forth in Chicopee City Code Chapter 275-6 and shall comply with all requirements set forth herein. 275-66: Burnett Road Shall not apply to such a project proposed for the Burnett Road area of the City. n. Screening: Structures must be shielded from view and/or located to avoid adverse visual impacts as deemed necessary by and in the opinion of the Site Plan Review Advisory Committee. i. Landscaping: (a) Plantings intended to provide screening shall be evergreen, installed at a minimum of 6’ in height measured from the top of the root ball to the tip of the plant and spaced to create a visual barrier. (b) Deciduous buffers: deciduous or mixed deciduous and evergreen buffers shall be a minimum of 40’ wide and are counted as part of the setback. ii. Natural features: Natural features and features designed to appear as natural features may be employed as visual barriers. Existing vegetation must be at least 40’ in width and adequately dense to provide sufficient screening. iii. Fencing: Fences shall be installed at a minimum of 6’and shall be solid in appearance. o. Setbacks: The purpose of setbacks is to mitigate adverse impacts on abutting properties. For large-scale, ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows: i. Minimum of 50’. ii. Every abutting property shall be visually screened from the project through any one or combination of the following landscaping, existing vegetation and fencing 16  (not to exceed 8’). Fencing in excess of 8’ requires a variance from the Chicopee Zoning Board of Appeals . p. Lighting: Lighting of parts of the solar energy system shall be limited to that required for safety and operational purposes, and shall be designed to minimize glare on abutting properties and be directed downward with full cutoff fixtures to reduce light pollution. The City suggests the use of LED systems whenever possible to conserve electricity. q. Signage: Signs on the solar energy system shall comply with the dimensional and setback requirements of the underlying zoning regulations. Signage in districts with no signage requirements are limited to 2 signs, 3 square feet in size, maximum of 5’ in height, and located in such a manner that there is an unobstructed view of the street from an access drive. Signage required for safety or emergency is excluded from the signage requirements in this section. r. Appurtenant Structures: All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations as adopted by the Planning Board concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shielded from view by existing vegetation or plantings and/or joined or clustered to avoid adverse visual impacts s. Parking: Reasonable on-site parking is required for vehicles that will service solar energy systems. Please refer to (Parking and Loading) Chapter 275 – 40 (N)(2)(V) t. Consultants: Upon submission of an application for a renewable energy installation requiring Site Plan Review Advisory Committee Review, the Permit Granting Authority will be authorized to hire outside consultants, pursuant to MGL c.44, §53G. As necessary, the applicant may be required to pay the consultant’s fees. u. Emergency Services: The applicant shall provide a copy of the project summary, electrical schematic, and site plan to local emergency service providers, as designated by the Site Plan Review Advisory Committee. Upon request, the applicant shall cooperate with local emergency services in developing an emergency response plan. All means of disconnecting the solar energy system shall be clearly marked. The applicant or system owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. The owner or operator shall be required to provide a secure, tamper proof storage box for keys or other access tools at each locked entrance to the facility and maintain a complete set of all keys or devices required to gain emergency access to all areas, buildings and equipment of the facility in each box. v. Security: The solar energy system shall be designed to prevent unauthorized access. Access to electrical equipment shall be locked where possible. 17  w. Operation & Maintenance Plan: The applicant shall submit a plan for maintenance of access roads and storm water controls, as well as general procedures for operational maintenance of the solar energy system. Site access shall be maintained to a level acceptable to the local Fire Chief, Police Chief, Emergency Medical Services and Site Plan Review Advisory Committee. x. Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation and per best management practices of natural areas or good husbandry of the land or forest otherwise prescribed by applicable laws, regulations and bylaws and defined by Mass General Law Chapter 131, Section 140; 310 CMR Wetlands Protection; and Chicopee Stormwater Ordinance: City Code Chapter 231. The clearing of greenfields/ undeveloped landscapes and the development of such facilities is highly discouraged. y. Financial Surety: Proponents of renewable energy projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain in the event the city must maintain or dismantle, remove and properly dispose of the facility and remediate the landscape in an amount and form determined to be reasonable by the Site Plan Review Advisory Committee, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal and disposal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal and disposal costs due to inflation z. Abandonment and Removal i. Abandonment: Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the installation shall be considered abandoned when it fails to operate for more than one year. If the owner or operator of the installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the city may enter the property and physically remove the installation. ii. Removal Requirements: Any installation which has reached the end of its useful life or has been abandoned, shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the City of Chicopee by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of: (d) Physical removal of all structures, equipment, security barriers and transmission lines from the site. (e) Disposal of all solid and hazardous wastes in accordance with local, state and federal waste disposal regulations. (f) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Advisory Committee may allow the 18  owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation. F. Wind 3. Residential & Business Production – Individual Use The following conditions shall apply to all structures and devices designed to convert wind energy into a usable power source for residential, commercial, business and industrial uses where the primary purpose of the system is to provide power for those uses. a. Pole mounted wind conversion systems are prohibited. b. Building integrated wind conversion systems are permitted in all zoning districts. For the purpose of this chapter, building integrated systems refer only to systems encased within a principle or accessory building. 4. Production for Commercial Sale The following conditions shall apply to all structures and devices designed to convert wind energy into a usable power source for commercial sale. a. Pole mounted wind conversion systems are prohibited. b. Building integrated wind conversion systems are permitted. All such systems shall have a protective shroud to contain projectiles in the event of system malfunction. c. No wind energy conversion system shall be erected, used or otherwise employed if said device interrupts or disturbs radio or television signal reception. d. Monitoring and Maintenance: The applicant shall maintain the wind energy facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, emergency braking (stopping) and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The project owner shall be responsible for the cost of maintaining the wind energy facility. e. e. Abandonment or Decommissioning: Removal Requirements. Any wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. The owner/operator shall physically remove the facility no more than 150 days after the date of discontinued operations. Decommissioning shall consist of: (a) Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site. (b) Disposal of all solid and hazardous wastes in accordance with local, state, and federal waste disposal regulations. (c) Stabilization or re-vegetation of the site as necessary to minimize erosion. f. Financial Surety - Applicants for commercial-scale wind energy facilities shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal and disposal or failure to maintain in the event the city must maintain or remove the facility and remediate the landscape in an amount and form determined to be reasonable by the Site Plan Review Advisory Committee, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal and disposalprepared by a 19  qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. G. Wood The Board of Health signed the following regulation on the 22nd day of March, 2007.Pursuant to Massachusetts General Laws, Chapter 111 §31 and 31C, it shall be unlawful to use, install and/or maintain outdoor wood burning devices within the City of Chicopee including, but not limited to, all outdoor wood burning stoves, boilers and furnaces. For the purposes of this regulation, outdoor wood burning stoves, furnaces and boilers shall mean wood fired devices that are located outdoors and separate from the indoor building, structure or appliance to be heated, which heats water or air and then transports the same by pipe(s) to an indoor building, structure or appliance for the purpose of providing heat and/or hot water. If any provision of this Regulation or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Regulation shall not be affected thereby and each other provision shall be valid and be enforceable to the fullest extent permitted by law. Councilor Roy motion to approve – Councilor Krampits 2nd the motion. Committee vote 6 – 0 favorable ITEM #6 Ordinance Amendment – Proposed Ordinance Chapter 275 Section 72 “Temporary Moratorium on Recreational Marijuana Establishments.” Full text available in the City Council Office. Applicant: Councilor James K. Tillotson (At-Large). Councilor Brooks stated this will not apply to the licensed medical marijuana facility already in the City of Chicopee. Councilor Tillotson stated he was concerned about fires from the lighting being used in these homes. Hopefully we will be able to address this when we give out some licenses. BE IT ORDAINED THAT THE CHICOPEE CITY COUNCIL DOES HEREBY ADOPT CHAPTER 275, SECTION 72 AS FOLLOWS: CHAPTER 275, SECTION 72: TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS A. Purpose (1) To provide sufficient time for the City of Chicopee to establish reasonable local regulations and/or zoning ordinances regarding the siting of the recreational marijuana establishments consistent with the regulations to be established by the Cannabis Control Commission on or before September 15, 2017. 20  (2) To minimize the adverse impacts of recreational marijuana facilities on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said facilities. (3) To regulate the siting, design, placement, safety, monitoring, medication, and removal of recreational marijuana facilities. B. Definition (1) Recreational Marijuana Facility: An establishment operated by an individual or entity licensed by the Commonwealth of Massachusetts through the Cannabis Control Commission and pursuant to all other local and state laws, rules and regulation of acquisition, cultivation, possession and sale of marijuana and all products containing marijuana for non-medical use. C. Temporary Moratorium For the purposes stated above, and notwithstanding other provision of the City of Chicopee Ordinances to the contrary, the City of Chicopee hereby implements a temporary moratorium on the use of land and structures within the City of Chicopee as a Recreational Marijuana Facility. This temporary Moratorium shall take effective upon passage and shall terminate on January 1, 2018. During this period of time, the City shall develop local rules, regulations, and/or zoning ordinances consistent with those regulations promulgated by the Cannabis Control Commission to ensure the safe implementation of the recently approved ballot initiative regarding the possession, cultivation and distribution of recreational marijuana. Councilor Laflamme motion to approve – Councilor Roy 2nd the motion Committee vote 6 – 0 favorable ITEM #7 Minutes for March 9, 2017 Councilor Zaskey motion to approve – Councilor Tillotson 2nd the motion – motion passed Meeting adjourned at 7:15 PM. 21