City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Members Shane Brooks, Chair Timothy McLellan, Vice Chair Fred Krampits Frank Laflamme Jerry Roy APPOVED James Tillotson William Zaskey MINUTES August 24, 2017 The following are the minutes of a public hearing held Thursday, August 24, 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 Members Absent: McLellan, Zaskey Also Present Councilor Labrie, 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 Bus A to Res B for .11+/- acres located at 49 & 0 Montgomery St. (Parcel ID 0230-00015 & 0230-00014) for the purpose of constructing a two family home. Applicant – Sergey Savonin, 30 Clifton Dr., Agawam, MA 01001. Sophia from R Levesque Associates, Inc., and Sergey Savonin were present at the meeting. Sophia stated that the proposal is to change the zone on two lots currently split zoned. She continued that the Planning Board voted favorably. The proposal is for a duplex on the empty lot, one curb cut, parking in the rear of the building for 5 vehicles. Public Input Robert Kelley, 13 Wells Avenue, stated that the property at 49 Montgomery Street is zoned for a single family dwelling but it is utilized as a two family home. He continued that the intersection is not any safer after the reconstruction. He further continued that the area is overcrowded. Kelvin DeJesus, 55 Montgomery Street, presented the committee with a petition opposing the zone change request. He further stated that there have been numerous accidents in this area and it poses safety 1 concerns for all. He also stated that the last accident where the car drove into the home at 49 Montgomery Street the resident of the property had to be rescued by neighbors from his bed. Evelyn Gagnon, 61 Montgomery Street, stated that this is a dangerous intersection and it is a highly congested area. She also stated that the tenants from the upstairs unit of 49 Montgomery Street were treated poorly by the landlord after the accident occurred. Tracy Dame, 61 Montgomery Street, stated that this is a dangerous intersection. Adding another dwelling will cause more safety concerns for the area. Lee Pouliot stated that the Planning Board voted 3 in favor and 2 opposed to the zone change request. He feels that a business on this property will generate more traffic than a residential property. He recommends changing the zone to residential to minimize traffic. Councilor Labrie stated that in the past 2 years there have been 44 accidents at this intersection. He stated that the presented site plan is not drawn to scale. The lot is 50 x 100. The plan presented leaves a driveway that is 8 feet wide. He stated that his pickup truck is 7.5 feet wide. He further stated that it is very difficult to exit from this property onto Montgomery Street. He also stated that in consciousness he can’t allow a duplex on that property where children will reside. This could potentially result in 5 families living on a piece of property that is 50 x 100. Lee Pouliot stated that if the Council approves the Zone Change that does not guarantee that the developer will be approved for a duplex. The developer will have to submit plans and go through the building check list process. Most departments at that time will review the site plans. Sophia stated that the plan submitted is just addressing some of the concerns brought forth at the Planning Board meeting. It was created for visual purposes only. Sergey Savonin stated that he does take care of his properties. He further stated that the renters signed a lease and had the option of purchasing renters insurance which they waived. He offered to pay for a hotel for 2 weeks. Lee Pouliot stated that the property is zoned Business B and he reviewed what is allowed in a Business B zone under the zoning ordinance. Councilor Laflamme stated that he (the applicant) has a right to utilize his property. Lee Pouliot stated that it could be argued that the city is doing a taking if nothing can be done on this property. Motion made by Councilor Krampits and second by Councilor Brooks to approve. Committee vote : 0 – 5 unfavorable. Reasons for Denial: Public safety risks History of traffic accidents Unsafe area for development ITEM #2 Zone Change application from Res A to Industrial for +/- .63 acres of property located at 705 Meadow Street for the purpose of making zoning conform to surrounding zoning district and eliminate a spot zone. 2 Applicant – Chicopee Planning Board, 274 Front St., Chicopee, MA 01013 Lee Pouliot stated that during the J. Polep expansion review this strip of Residential A was spotted. He further continued that it was probably a paper street at one time that rolled into their property. Currently, there is a building on the property in question. Motion made by Councilor Laflamme and second by Councilor Roy to approve. Committee vote 5 – 0 favorable. ITEM #3 Special Permit application under 275-27.1 (B) for the purpose of installing two wireless communication antennas and supporting equipment on the roof of Alumni Library located at 291 Springfield St. Applicant – Cellco Partnership d/b/a Verizon Wireless, Attorney Ellen W. Freyman, Authorized Agent, 99 East River Dr., East Hartford, CT 06108. Attorney Michael Fenton and Ellen Freyman, Jay Latorey (Verizon Radio Frequency Engineer), Elizabeth Jamison (Zoning Coordinator), and Kelly Shannonhan (Engineer) were present at the meeting. Attorney Fenton stated that the proposal is the installation of two antennas on the alumni library at Elms College. He continued that because the area is zoned residential a variance is required from the Zoning Board of Appeals. He will go before the Zoning Board of Appeals on September 7th. Councilor Laflamme asked if the neighborhood will be effected by the antennas. Jay Latorey stated that the proposal is for two antennas about 3 feet in size. The general distance that these antennas will operate is about 950 foot radius from the transmitting point. So there will be some bleed over into the neighborhood which will benefit the neighborhoods. These antennas will augment the existing facilities in the area. This will densify the network. Councilor Krampits asked if these antennas are in compliance with FCC and NC regulations regarding radiation in the area. Jay Latorey stated that as part of Verizon’s due diligence a third party company was hired to make the assessments. Because the antennas are omnidirectional the aim is fairly low. No additional FCC compliance is necessary. A sign indicating that it’s a transmitter location and a general guideline sign will be installed. Motion made by Councilor Roy and second by Councilor Brooks to approve. Committee vote 5 – 0 favorable. ITEM #4 Ordinance Amendment Chapter 275-67(Mill Conversion and Commercial Center Overlay District) delete chapter in its entirety and insert revised Ordinance. Applicant: Councilor Shane Brooks (Ward 2), City Council Office, City Hall Annex, 274 Front St., Chicopee, MA 01013. § 275-67. Mill Conversion and Commercial Center Overlay District. [Added 8-3-2004 by Ord. No. 04-74] 3 A. Purpose. The purpose of the Mill Conversion and Commercial Center Overlay District is to promote the economic health and vitality of the City by encouraging the preservation, reuse and renovation of underutilized or abandoned industrial properties and commercial centers through mixed-use development that includes compatible industrial, commercial, municipal, and residential uses. B. Designated districts. Riverfront Redevelopment District, adopted 2004. A map of the District is on file in the City Clerk's office and it is also identified on the Zoning Maps available in the Building Department and the Department of Planning and Development. C. Applicability. The Mill Conversion and Commercial Center Overlay District may be superimposed over any other district established in this chapter, subject to an approved zone change in accordance with the provisions of Chicopee City Code, § 275-14. Land in the overlay district may he used for any purpose permitted in the underlying district and is subject to the underlying district restrictions. Exercise of Mill Conversion and Commercial Center Overlay District regulations is subject to a special permit from the City Council in accordance with Chicopee City Code, §§ 275-9 through 275- 13, and the additional submission requirements described in this section. All aspects of the project, including authorized uses, building occupancy, and intensity of use, shall remain in substantial conformance with the plans and other documents submitted to the City Council as part of the special permit proceeding, unless modification of the special permit is authorized, after public hearing, by the City Council. Wherever there is a conflict between the underlying zoning district regulations and the overlay district regulations, the overlay district regulations shall prevail. [Amended 9-1-2009] D. Review committee. (1) A review committee, hereby Overlay District Review Committee, shall be established to meet with developers prior to application for an overlay district or mill conversion or commercial center revitalization project within an established overlay district and to provide recommendations to the City Council for overlay district zone change and special permit applications. [Amended 9-1-2009] (2) The Overlay District Review Committee shall consist of representatives from the following: (a) Site Plan Review Advisory Committee, which includes representatives from the following departments: Building, CEL (Chicopee Electric Light), Conservation, Fire, Health, Planning and Development, Police, Public Works (Highway, Engineering, Waste Water), and Water. (b) Office of Community Development. (c) School Department. (d) Assessor's Office. (e) Commission for the Disabled. 4  (f) Member(s) of the City Council, and any other City department, board, commission or agency representative requested by the City Council. [Amended 9-1-2009] E. Permitted uses. (1) Within an overlay district, there shall be no restriction on combining different categories of use within the same building, inclusive of multifamily and assisted living residences with associated programing, except any imposed by the State Building Code or other federal or state regulations. (2) Multifamily residential uses or assisted living residences with associated programming individually or in conjunction with one or more of the uses by right permitted in the underlying district. (3) Residential uses combined with studios with an emphasis on arts and crafts. F. Application procedure for establishing an overlay district. An overlay zone is a type of zoning district. To establish an overlay district zone, apply for a zone change in accordance with Chicopee City Code, § 275-14. G. Application procedure for an overlay district project. An overlay district project takes place within a designated overlay district zone, subject to a special permit granted by the City Council. [Amended 9-1-2009] (1) Preapplication: The applicant is required to attend a preapplication review with the Overlay District Review Committee. Preapplication review meetings with the developer and representatives cited above will be coordinated by the Department of Planning and Development. The purpose of a preapplication review is to introduce the developer to the municipal staff members who will be reviewing the project and exchange information about the site and surrounds that may be applicable to the success of the project. This meeting is intended to save time for the developer and the City. At this time the City may also determine if the scope of the project will warrant, at the expense of the applicant, a registered professional engineer or other professional consultant(s) to advise the City Council on any aspect of the application. At the preapplication review, the applicant may outline the proposed project and seek preliminary feedback from the City. No formal filings are required for the preapplication review; however, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Overlay District Review Committee of the scale and overall design of the proposed project. (2) Application: The City Council's authority to review special permits is established in Chicopee City Code, § 275-9. Special permit applications under this section shall also include the following: (a) Number of copies: One original and 17 copies of a special permit application form available from the Department of Planning and Development shall be submitted to the City Council. (b) Fees: 5  [1] A nonrefundable special permit filing fee. [2] Engineering and/or consultant fee. If it has been predetermined that an engineering review fee shall be required, the applicant shall submit an engineering review fee in accordance with the City Council Fee Schedule. The unexpended balance of the engineering review fee shall be returned to the applicant within 30 days from issuance of approval or disapproval. To the extent that the engineering review fee shall prove insufficient to pay for the evaluation and review of the site plan by independent technical experts, the charges, if any, shall be billed to the applicant. The applicant shall pay all invoices submitted to him by the City Council within 30 days. (c) Plans required: [1] Site plan and all supporting documents as set forth in Chicopee City Code, § 275-6. [2] Special features plan, showing vegetation, wetlands, perennial streams and ponds, waterways, waterfalls, canals and dams, trees of more than six-inch caliper, rock outcroppings, slopes in excess of 25%, existing and proposed trails and paths, open vistas, structures of historical importance, wildlife habitats, and proposed conservation and recreation areas. [3] Preliminary landscaping and architectural design, showing type, location and layout of buildings, typical elevations, as well as the general height, bulk and appearance of structures, inclusive of any accessory uses. Perspective drawings may be subsequently required by the City Council. [4] Exterior lighting plan, showing existing and proposed exterior lighting, including building and ground lighting, locations, supports, mounting heights, and orientation. [5] Floor plan to scale for each floor of each building, indicating, if applicable, number of units; number of bedrooms; and proposed use of floor space. (d) Narrative report shall be submitted, including the following components: [1] Project summary. [2] Proposed development schedule. [3] Historical narrative prepared by a preservation consultant that includes the significance of the site, architecture and any important associated events or persons. [4] Details of erosion and sedimentation controls during and after construction. [5] Subsurface soil and water conditions that impact the project and methods to be used to overcome them. [6] Traffic impact study. 6  [7] Impact to public sewer system. [8] Impacts to City water supply and distribution system. [9] Impacts to municipal and governmental services, including schools. [10] Projected net tax and other revenues over anticipated municipal costs should be submitted to estimate the total fiscal impact of the proposed project upon City resources. [11] Information pertaining to any organization which the applicant proposes to form, where the development is to be a condominium or other ownership organization. [12] Copies of all proposed covenants, easements, and other restrictions which the applicant proposes to grant to the City. [13] Other information that the City Council may reasonably require to assist in determining whether the applicant's proposed development plan meets the objectives of this section. H. Waiver. Waiver of application requirements: The City Council may waive the submission of technical information or documents where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary for or applicable to the City Council's decision pursuant to this section. [Amended 9-1-2009] I. Review procedure. [Amended 9-1-2009] (1) Copies of applications, plans and supporting materials shall be distributed to the Overlay District Review Committee. Reviewers shall submit written recommendations to the City Council within 14 days of receiving the special permit application. Failure to submit written comments to the City Council within the designated time may be deemed a lack of opposition thereto. (2) The City Council shall hold a public hearing, for which notice is given in accordance with Chicopee City Code, § 275-9, within 65 days of receiving the complete application. Hearing and decision dates maybe extended at the applicant's written request. J. Any new building or new accessory use not approved under the original special permit shall not be constructed New construction. No new building shall be constructed within a project except by special permit and in accordance with Chicopee City Code, § 275-6. K. Standards for project submission and review. (1) Landscaping requirements: 7  (a) Ornamental and shade trees are the preferred landscaping element for ease of maintenance, permanency, and contribution to environmental quality. Native trees and shrubs are encouraged because they are adapted to the region and support native wildlife. Guidelines for trees and shrubs suitable for Chicopee's urban environment are available in the Department of Planning and Development. (b) Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense evergreen plant materials. (c) Berms may be used for screening along the street in conjunction with plant materials, if they do not compromise traffic or pedestrian safety. (d) Landscaping shall be provided for interior vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic. (e) The use of porous pavement and/or perforated brick or block shall be used to the extent feasible to increase on-site water retention for plant material, groundwater supplies, and to reduce problems associated with runoff. (f) Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six months from the time of project completion. (g) Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic. (h) Shrubs or trees shall be maintained in a healthy condition or shall be replaced within one growing season. (2) Access. The principal roadway(s) within the site shall be adequate for the intended use and vehicular traffic and shall be privately maintained. There shall be sufficient site access for public safety vehicles. Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways and interior service roads. (3) Parking. (a) Number of spaces: The applicant shall provide adequate parking to serve all anticipated uses on the property. The minimum number of parking spaces shall be computed using the parking requirements in Chicopee City Code, § 275-40. Where there is more than one category of use, then the number of spaces required shall be 70% of the sum of required spaces for each category of use. (b) Shared parking: The City Council may allow a reduction of the required number of spaces by up to 50% if it can be demonstrated that two or more uses within a single development can share parking spaces. In determining the appropriate reduction, the City Council may give consideration to the hours of operation and/or usage of the proposed uses within the development, the opinions of merchants, residents and municipal officials as to the adequacy of parking spaces within the surrounding area, as well as other relevant information. Parking spaces may be located either on or off the site. Applicant must show proof of space and indicate if the space is owned or leased. [Amended 9-1-2009] 8 (c) Parking stall dimensions: A standard parking stall is nine feet by 18 feet. The City Council may allow smaller spaces if they are demonstrated to be safe and functional. [Amended 9-1-2009] (d) Parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways. (e) Parking lots shall be located to the rear or side of all buildings and shall not be located in front setbacks or in buffer areas. (f) In parking areas of 30 or more parking stalls, at least one shade tree of 2.5 inch or greater caliper complemented by shrubs and other planting material shall be planted for every 10 parking spaces. Adequate tree wells and irrigation shall be provided for all parking lot landscaping. (g) Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged. (h) Paving: Paving shall be textured or of different materials at pedestrian crossings and walkways. The use of stone, brick or cultured stone pavers for entrance walkway borders is encouraged. The use of textured materials for walkway borders is encouraged. (4) Paths. The City Council may require paths which shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways or sidewalks to adjacent sites. [Amended 9-1-2009] (5) Emergency systems. The project shall have an integrated emergency call, and/or telephone and/or other communications system for its residents and/or other tenants. (6) Appearance/architectural design. New construction: Architectural design shall be compatible with the historic character and scale of building in the neighborhood through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. (7) Noise, vibration, smoke, heat, glare, and odor. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes odor, noise, vibration or excessive light, under standards set forth in the performance criteria in this chapter. (a) Noise. [1] Residential units shall be constructed so that interior noise levels do not exceed an LDN of 45 dB in any habitable room. [2] Commercial uses shall be designed and operated so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity. [3] Common walls between residential and nonresidential uses shall be constructed to minimize the transmission of noise and vibration. (b) Vibration shall not be discernible to any human's sense of feeling for three minutes in any one hour for a total of 15 minutes in any one day, or producing an acceleration of more than 0.1 G. (c) Smoke shall not be visible beyond a shade darker than No. 1 on the Ringleman Smoke Chart. 9 (d) Heat and glare shall not be discernible from the outside of any structure. (e) Odor, dust, and fumes shall be effectively confined to the premises or so disposed as to avoid air pollution. (8) Lighting. Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to parking lots, pedestrian and vehicular circulation. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. Lighting structures shall be integrated with the site and surrounding uses. (9) Density. [Amended 9-1-2009] (a) The City Council shall approve the number of proposed dwelling units upon consideration of impacts to City schools and services, traffic, adequacy of the site, and reports from the engineering or technical consultants employed by the City Council, the Overlay District Review Committee and any other department, board or commission from whom the City Council requests a report. (b) Number of bedrooms: The City Council may ensure the diversification of dwelling units within a project by establishing the number of dwelling units with one, two, or three or more bedrooms. Not more than 10% of the dwelling units in any project shall consist of three or more bedrooms. L. Action by the City Council. The City Council may grant a special permit for a project if it determines that the proposed project complies with the requirements of this section. The City Council shall consider the following when making its determination: [Amended 9-1-2009] (1) Degree to which the proposed project complies with the performance standards set forth in this section; (2) Suitability of the site for the proposed use(s); (3) Social, economic or community needs which are served by the proposal; (4) Impact on traffic and pedestrian flow and safety; (5) Adequacy of utilities and other public services; (6) Impact on the neighborhood visual character; (7) Impact on the natural environment; (8) Potential fiscal impact, including impact on City services, tax base and employment; and (9) Special permit evaluation criteria as set forth in Chicopee City Code, § 275-9. Lee Pouliot stated that the City announced a few weeks ago a project that will be happening at lot 4 of the Facemate property which happens to be in the Overlay District. The zoning ordinance separates definitions for multifamily housing which is what is called out specifically in the Overlay District and assisted living. The city adopted the assisted living definition that the Commonwealth created in the city’s zoning code they are two separate things. The way the chapter currently reads, it is the opinion of the Zoning lawyer, that assisted living facilities are not allowed in the Mill Conversion Overlay District which Lee does not think was the intent. The developer feels that they cannot move forward with their project without some clarification of the zoning ordinance. The language has been tweaked to incorporate 10 assisted living within the Overlay District. Yellow indicates proposed added language and red indicated deleting language. The Planning Board made further edits at its August 22, 2017 meeting. The committee recommends approving with the recommended changes as follows: § 275-67. Mill Conversion and Commercial Center Overlay District. [Added 8-3-2004 by Ord. No. 04-74] A. Purpose. The purpose of the Mill Conversion and Commercial Center Overlay District is to promote the economic health and vitality of the City by encouraging the preservation, reuse and renovation of underutilized or abandoned industrial properties and commercial centers through mixed-use development that includes compatible industrial, commercial, municipal, and residential uses. B. Designated districts. Riverfront Redevelopment District, adopted 2004. A map of the District is on file in the City Clerk's office and it is also identified on the Zoning Maps available in the Building Department and the Department of Planning and Development. C. Applicability. The Mill Conversion and Commercial Center Overlay District may be superimposed over any other district established in this chapter, subject to an approved zone change in accordance with the provisions of Chicopee City Code, § 275-14. Land in the overlay district may be used for any purpose permitted in the underlying district and is subject to the underlying district restrictions. Exercise of Mill Conversion and Commercial Center Overlay District regulations is subject to a special permit from the City Council in accordance with Chicopee City Code, §§ 275-9 through 275- 13, and the additional submission requirements described in this section. All aspects of the project, including authorized uses, building occupancy, and intensity of use, shall remain in substantial conformance with the plans and other documents submitted to the City Council as part of the special permit proceeding, unless modification of the special permit is authorized, after public hearing, by the City Council. Wherever there is a conflict between the underlying zoning district regulations and the overlay district regulations, the overlay district regulations shall prevail. [Amended 9-1-2009] D. Review committee. (1) A review committee, hereby Overlay District Review Committee, shall be established to meet with developers prior to application for an overlay district or mill conversion or commercial center revitalization project within an established overlay district and to provide recommendations to the City Council for overlay district zone change and special permit applications. [Amended 9-1-2009] (2) The Overlay District Review Committee shall consist of representatives from the following: (a) Site Plan Review Advisory Committee, which includes representatives from the following departments: Building, CEL (Chicopee Electric Light), Conservation, Fire, Health, Planning and Development, Police, Public Works (Highway, Engineering, Waste Water), and Water. 11  (b) Office of Community Development. (c) School Department. (d) Assessor's Office. (e) Commission for the Disabled. (f) Member(s) of the City Council, and any other City department, board, commission or agency representative requested by the City Council. [Amended 9-1-2009] E. Permitted uses. (1) Within an overlay district, there shall be no restriction on combining different categories of use within the same building, inclusive of multifamily and assisted living residences with associated programing, except any imposed by the State Building Code or other federal or state regulations. (2) Multifamily residential uses or assisted living residences with associated programming individually or in conjunction with one or more of the uses by right permitted in the underlying district. (3) Residential uses combined with studios with an emphasis on arts and crafts. F. Application procedure for establishing an overlay district. An overlay zone is a type of zoning district. To establish an overlay district zone, apply for a zone change in accordance with Chicopee City Code, § 275-14. G. Application procedure for an overlay district project. An overlay district project takes place within a designated overlay district zone, subject to a special permit granted by the City Council. [Amended 9-1-2009] (1) Preapplication: The applicant is required to attend a preapplication review with the Overlay District Review Committee. Preapplication review meetings with the developer and representatives cited above will be coordinated by the Department of Planning and Development. The purpose of a preapplication review is to introduce the developer to the municipal staff members who will be reviewing the project and exchange information about the site and surrounds that may be applicable to the success of the project. This meeting is intended to save time for the developer and the City. At this time the City may also determine if the scope of the project will warrant, at the expense of the applicant, a registered professional engineer or other professional consultant(s) to advise the City Council on any aspect of the application. At the preapplication review, the applicant may outline the proposed project and seek preliminary feedback from the City. No formal filings are required for the preapplication review; however, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Overlay District Review Committee of the scale and overall design of the proposed project. 12 (2) Application: The City Council's authority to review special permits is established in Chicopee City Code, § 275-9. Special permit applications under this section shall also include the following: (a) Number of copies: One original and 17 copies of a special permit application form available from the Department of Planning and Development shall be submitted to the City Council. (b) Fees: [1] A nonrefundable special permit filing fee. [2] Engineering and/or consultant fee. If it has been predetermined that an engineering review fee shall be required, the applicant shall submit an engineering review fee in accordance with the City Council Fee Schedule. The unexpended balance of the engineering review fee shall be returned to the applicant within 30 days from issuance of approval or disapproval. To the extent that the engineering review fee shall prove insufficient to pay for the evaluation and review of the site plan by independent technical experts, the charges, if any, shall be billed to the applicant. The applicant shall pay all invoices submitted by the City Council within 30 days. (c) Plans required: [1] Site plan and all supporting documents as set forth in Chicopee City Code, § 275-6. [2] Special features plan, showing vegetation, wetlands, perennial streams and ponds, waterways, waterfalls, canals and dams, trees of more than six-inch caliper, rock outcroppings, slopes in excess of 25%, existing and proposed trails and paths, open vistas, structures of historical importance, wildlife habitats, and proposed conservation and recreation areas. [3] Preliminary landscaping and architectural design, showing type, location and layout of buildings, typical elevations, as well as the general height, bulk and appearance of structures, inclusive of any accessory uses. Perspective drawings may be subsequently required by the City Council. [4] Exterior lighting plan, showing existing and proposed exterior lighting, including building and ground lighting, locations, supports, mounting heights, and orientation. [5] Floor plan to scale for each floor of each building, indicating, if applicable, number of units; number of bedrooms; and proposed use of floor space. (d) Narrative report shall be submitted, including the following components: [1] Project summary. [2] Proposed development schedule. [3] Historical narrative prepared by a preservation consultant that includes the significance of the site, architecture and any important associated events or persons. 13  [4] Details of erosion and sedimentation controls during and after construction. [5] Subsurface soil and water conditions that impact the project and methods to be used to overcome them. [6] Traffic impact study. [7] Impact to public sewer system. [8] Impacts to City water supply and distribution system. [9] Impacts to municipal and governmental services, including schools. [10] Projected net tax and other revenues over anticipated municipal costs should be submitted to estimate the total fiscal impact of the proposed project upon City resources. [11] Information pertaining to any organization which the applicant proposes to form, where the development is to be a condominium or other ownership organization. [12] Copies of all proposed covenants, easements, and other restrictions which the applicant proposes to grant to the City. [13] Other information that the City Council may reasonably require to assist in determining whether the applicant's proposed development plan meets the objectives of this section. H. Waiver. Waiver of application requirements: The City Council may waive the submission of technical information or documents where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary for or applicable to the City Council's decision pursuant to this section. [Amended 9-1-2009] I. Review procedure. [Amended 9-1-2009] (1) Copies of applications, plans and supporting materials shall be distributed to the Overlay District Review Committee. Reviewers shall submit written recommendations to the City Council within 14 days of receiving the special permit application. Failure to submit written comments to the City Council within the designated time may be deemed a lack of opposition thereto. (2) The City Council shall hold a public hearing, for which notice is given in accordance with Chicopee City Code, § 275-9, within 65 days of receiving the complete application. Hearing and decision dates maybe extended at the applicant's written request. 14 J. Any new building or new accessory use (not approved under the original special permit) shall be constructed New construction. No new building shall be constructed within a project except by special permit and in accordance with Chicopee City Code, § 275-6. K. Standards for project submission and review. (1) Landscaping requirements: (a) Ornamental and shade trees are the preferred landscaping element for ease of maintenance, permanency, and contribution to environmental quality. Native trees and shrubs are encouraged because they are adapted to the region and support native wildlife. Guidelines for trees and shrubs suitable for Chicopee's urban environment are available in the Department of Planning and Development. (b) Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense evergreen plant materials. (c) Berms may be used for screening along the street in conjunction with plant materials, if they do not compromise traffic or pedestrian safety. (d) Landscaping shall be provided for interior vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic. (e) The use of porous pavement and/or perforated brick or block shall be used to the extent feasible to increase on-site water retention for plant material, groundwater supplies, and to reduce problems associated with runoff. (f) Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six months from the time of project completion. (g) Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic. (h) Shrubs or trees shall be maintained in a healthy condition or shall be replaced within one growing season. (2) Access. The principal roadway(s) within the site shall be adequate for the intended use and vehicular traffic and shall be privately maintained. There shall be sufficient site access for public safety vehicles. Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways and interior service roads. (3) Parking. (a) Number of spaces: The applicant shall provide adequate parking to serve all anticipated uses on the property. The minimum number of parking spaces shall be computed using the parking requirements in Chicopee City Code, § 275-40. Where there is more than one category of use, then the number of spaces required shall be 70% of the sum of required spaces for each category of use. 15 (b) Shared parking: The City Council may allow a reduction of the required number of spaces by up to 50% if it can be demonstrated that two or more uses within a single development can share parking spaces. In determining the appropriate reduction, the City Council may give consideration to the hours of operation and/or usage of the proposed uses within the development, the opinions of merchants, residents and municipal officials as to the adequacy of parking spaces within the surrounding area, as well as other relevant information. Parking spaces may be located either on or off the site. Applicant must show proof of space and indicate if the space is owned or leased. [Amended 9-1-2009] (c) Parking stall dimensions: A standard parking stall is nine feet by 18 feet. The City Council may allow smaller spaces if they are demonstrated to be safe and functional. [Amended 9-1-2009] (d) Parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways. (e) Parking lots shall be located to the rear or side of all buildings and shall not be located in front setbacks or in buffer areas. (f) In parking areas of 30 or more parking stalls, at least one shade tree of 2.5 inch or greater caliper complemented by shrubs and other planting material shall be planted for every 10 parking spaces. Adequate tree wells and irrigation shall be provided for all parking lot landscaping. (g) Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged. (h) Paving: Paving shall be textured or of different materials at pedestrian crossings and walkways. The use of stone, brick or cultured stone pavers for entrance walkway borders is encouraged. The use of textured materials for walkway borders is encouraged. (4) Paths. The City Council may require paths which shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways or sidewalks to adjacent sites. [Amended 9-1-2009] (5) Emergency systems. The project shall have an integrated emergency call, and/or telephone and/or other communications system for its residents and/or other tenants. (6) Appearance/architectural design. New construction: Architectural design shall be compatible with the historic character and scale of building in the neighborhood through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. (7) Noise, vibration, smoke, heat, glare, and odor. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes odor, noise, vibration or excessive light, under standards set forth in the performance criteria in this chapter. (a) Noise. [1] Residential units shall be constructed so that interior noise levels do not exceed an LDN of 45 dB in any habitable room. [2] Commercial uses shall be designed and operated so that neighboring residents are not exposed to 16  offensive noise, especially from traffic or late-night activity. [3] Common walls between residential and nonresidential uses shall be constructed to minimize the transmission of noise and vibration. (b) Vibration shall not be discernible to any human's sense of feeling for three minutes in any one hour for a total of 15 minutes in any one day, or producing an acceleration of more than 0.1 G. (c) Smoke shall not be visible beyond a shade darker than No. 1 on the Ringleman Smoke Chart. (d) Heat and glare shall not be discernible from the outside of any structure. (e) Odor, dust, and fumes shall be effectively confined to the premises or so disposed as to avoid air pollution. (8) Lighting. Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to parking lots, pedestrian and vehicular circulation. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. Lighting structures shall be integrated with the site and surrounding uses. (9) Density. [Amended 9-1-2009] (a) The City Council shall approve the number of proposed dwelling units upon consideration of impacts to City schools and services, traffic, adequacy of the site, and reports from the engineering or technical consultants employed by the City Council, the Overlay District Review Committee and any other department, board or commission from whom the City Council requests a report. (b) Number of bedrooms: The City Council may ensure the diversification of dwelling units within a project by establishing the number of dwelling units with one, two, or three or more bedrooms. Not more than 10% of the dwelling units in any project shall consist of three or more bedrooms. L. Action by the City Council. The City Council may grant a special permit for a project if it determines that the proposed project complies with the requirements of this section. The City Council shall consider the following when making its determination: [Amended 9-1-2009] (1) Degree to which the proposed project complies with the performance standards set forth in this section; (2) Suitability of the site for the proposed use(s); (3) Social, economic or community needs which are served by the proposal; (4) Impact on traffic and pedestrian flow and safety; (5) Adequacy of utilities and other public services; (6) Impact on the neighborhood visual character; (7) Impact on the natural environment; (8) Potential fiscal impact, including impact on City services, tax base and employment; and 17 (9) Special permit evaluation criteria as set forth in Chicopee City Code, § 275-9. Motion made by Councilor Roy and second by Councilor Krampits to approve. Committee vote 5 – 0 favorable. ITEM #5 Minutes – June 29, 2017 Motion made by Councilor Laflamme and second by Councilor Brooks to approve. Motion passed. Meeting adjourned at 7:31 PM. 18