City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Members Shane Brooks, Chair Timothy McLellan, Vice Chair APPROVED Fred Krampits Frank Laflamme Jerry Roy James Tillotson William Zaskey MINUTES May 11, 2017 The following are the minutes of a public hearing held Thursday, May 11, 2017 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Brooks, McLellan, Krampits, Laflamme, Tillotson Absent 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 from Residential A and B to Residential C for 2.4 acres of land on Maple and East Streets in order to repurpose existing structures for multi-family use and eliminate a spot zone located on Assessor Map 175 Parcels 28, 29, 30, 31. Applicant: Valley Opportunity Council, Inc., 35 Mt. Carmel Ave., Chicopee, MA 01013. Steve Huntley, Executive Director, VOC was present. Mr. Huntley stated that VOC currently owns 18 housing units that abut St. George School and convent. VOC discovered that the diocese was inquiring about tearing these buildings down and in the end purchased the properties from the Diocese. He further stated that VOC will have to come back for setback requirements as they are not at this stage yet. The church and rectory are not owned by VOC. They are owned by the Diocese. The parking requirements have not been worked out as this plan is very preliminary and the number of units has not been determined. Councilor Laflamme asked whether the Diocese had signed this zone change application. Chairman Brooks stated that the Bishop has signed the Zone Change application. 1 Ed Chapdelaine, 351 Front Street, Chicopee, Surveyor for the project. If the school was only rezoned to Residential C this would create a spot zone. To avoid a spot zone the Planning Department suggested rezoning a larger portion of the property. Public Input Dave Boucher, Linden Street, why did the VOC not want the diocese to tear down the buildings? Steve Huntley replied that because they are an abutter they wanted to control what happens with the neighbor. He also wanted to know why VOC wants to build affordable housing in this area? Steve Huntley replied that it fits with the mission of the VOC. Currently, the Kendall is being redeveloped. It would be a shame to knock down a beautiful old building. Mr. Boucher continued that many of the residents in the area are not in favor of this application. He further stated that property values will decrease when the proposed site becomes multi-family housing. This project will need to go through the Site Plan Review Committee. Motion made by Councilor Laflamme and second by Councilor Brooks to approve. Committee vote 5 – 0 favorable. ITEM #2 Special Permit Application 275-58 Commercial-Business retail apartment in a business – parking 275-40 required parking is 7 total shown is 5 located at 301 Front St. Applicant: Paul/Bruce Mailhott, 6 Laskowski St., Chicopee, MA 01020. Paul Mailhott was present at the meeting. He stated that the property is zoned Business A would like to have a business on the first floor and possibly an apartment on the second floor. He also stated that he met with the Site Plan Review Committee and it was recommended that he request to reduce to zero parking. Mr. Mailhott stated that he owns the building next door which is home to the World’s Best Tailor business. There is some parking there. Ed Chapdelaine, 351 Front Street, Surveyor, for the project. He stated that during the SPRAC meeting a couple of concerns were mentioned regarding the parking of vehicles close to the building, issues with easements to come in. It was thought that in the best interest for the project to reduce the parking to zero. He continued that there is some land next door which is probably where the tenants will park in the area behind World’s Best Tailor, some may park in the parking lot across the street. Councilor McLellan asked if Mr. Mailhott would be willing to take down garage in back for additional parking. Mr. Mailhott replied no. A new roof was just installed and new doors will be installed. Permit to run with the land. Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Committee vote 4 favorable 1 unfavorable Voting in favor: Councilor Brooks, Councilor Laflamme, Councilor Krampits, Councilor Tillotson Voting unfavorable: Councilor McLellan 2 ITEM #3 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. Motion made by Councilor Krampits and second by Councilor Tillotson to remove from the table. Motion passed. Councilor Laflamme excused himself from this portion of the meeting. He is a direct abutter. Councilor Brooks stated that Mr. Kumiega informed him that he is going in a different direction and a Special Permit will not be required. Motion made by Councilor Tillotson and second by Councilor Krampits to deny. Committee vote 4 – 0 favorable to deny. ITEM #4 Ordinance Amendment – Delete Chapter 275-10.1 Filing of decision for variances and special permits and replace with new language. Applicant: Councilor Shane Brooks (Ward 2) BE IT ORDAINED by the City Council that the Code of the City of Chicopee for the Year 1991, as amended, be and is hereby further amended as follows: Delete 275-10.1 Filing of decisions for variances and special permits. And insert in place thereof The special permit or variance granting authority shall cause to be made a detailed record of its proceedings, including the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason for its decision and of its official actions, copies of all of which shall be filed within 7 days in the office of the City Clerk and shall be deemed a public record and notice of the decision shall be mailed forthwith to the petitioner, applicant or appellant, to the parties in interest designated in MGL c. 40A, § 11, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each such notice shall specify that appeals, if any, shall be made pursuant to MGL c. 40A, § 17, and shall be filed within 20 days after the date of filing of such notice in the office of the City Clerk. Lee Pouliot stated that the Planning Board voted unfavorably because this proposal does not coincide with State Law. This proposal shortens the about of time staff has to file the decision with the City Clerk’s Office. Councilor Tillotson stated that if this is postponed if could be placed on another agenda if the need should arise. Motion made by Councilor Laflamme and second by Councilor Krampits to postpone to the call of the chair. Motion passed. ITEM #5 Ordinance Amendment – Delete Chapter 275-66 A in its entirety and insert in place thereof 275-66A: Applicant: Councilor Timothy McLellan (Ward 6) 3 BE IT ORDAINED by the City Council that the Code of the City of Chicopee for the Year 1991, as amended, be and is hereby further amended as follows: Delete Chapter 275-66 A in its entirety And insert in place thereof 275-66 A Burnett Road A. No further business, commercial or industrial development shall occur on Burnet Road from the Ludlow/Chicopee line to the intersection of New Lombard Road and Burnett Road and any appurtenant street for a period of one year commencing on January 1, 2017, and terminating on December 31, 2017, except by special permit. Councilor McLellan stated that this has been in place for a number of years. This year he changed the location to only include the residential portion of Burnett Road. He is concerned about the traffic on Burnett Road. With MGM looking at parcels on Burnett Road this would just add more traffic. Attorney Garvey stated that this proposed ordinance was to be temporary. The city should be working with the state to try to alleviate the traffic concerns. Lee Pouliot stated that the GIS coordinator did an analysis of the parcels that would be impacted by this ordinance and it shows about 42 parcels impacted by this proposal. He further stated that there is not a lot of undeveloped land in this area. Motion made by Councilor Tillotson and second by Councilor Krampits to approve as written. Committee vote 5 – 0 favorable. ITEM #6 Minutes – April 13, 2017 - Motion made by Councilor Laflamme and second by Councilor Brooks to approve. Motion passed. Meeting adjourned at 7:35 PM. 4