City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Members Shane Brooks, Chair James Tillotson, Vice Chair Fred Krampits Frank Laflamme Jerry Roy Accepted 7-31-18 Stan Walczak George Balakier MINUTES June 20, 2018 The following are the minutes of a public hearing held Wednesday, June 20, 2018 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Brooks, Tillotson, Laflamme, Roy, Balakier Members Absent: Walczak Also Present: Dan Garvey (Asst. 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 Application for a Special Permit under 275-67 for the purpose of a mixed-use development including up to 600 new, residential units and up to 400,000 sq. ft. of commercial space within the former Cabotville Mill Complex under the City’s Mill Conversion and Commercial Center Overlay District located at 165 Front Street. Requesting the following waivers: 1. A waiver of 275-67 K 1 (b) (d) for screening of mechanical equipment and loading areas, and interior vehicular use. While we plan to use landscaping and possibly some screening that is attractive, fits within the overall design and is cognizant of the environment we feel that these specific standards may create an unnecessary burden. 2. A waiver of 275-67 K 3 (a) for parking. Our engineer projects parking usage of up to 1,550 spots that we are required to supply 70% (1,085) in the Overlay District. Since commercial use will be needed during working hours and residential use will be needed outside of working hours we believe the up to 50% waiver is applicable. We are requesting a 44% waiver of the 1,085 so that the 623 spot capacity can cover the requirement. A higher ratio could limit the number of units. 3. A waiver of 275-67 K3 (d) (f) for parking areas being screened, for location of lots only to rear and side, for shade trees, shrubs, etc., While we plan to make parking areas attractive 1  with appropriate landscaping, we feel these standards may create an unnecessary burden. The existing Ames Privilege and planned Lyman Mills are both Mill projects within the zone so we feel screening is not necessary. 4. A waiver 275-67 K 7 (a) for specific noise level. We plan to use materials such as Coretec flooring that uses noise resistant cork and rubber. We have used Coretec flooring at other residential and mixed-use buildings that are former mills. Further, the residential and commercial spaces will be separated by existing wood as thick as 6 ft in addition to Coretec flooring so we feel the specific noise level standard may create an unnecessary burden. 5. A waiver of industrial zoning 275-62 (D) for signage restrictions, if any, such as setback so we can install signage that clearly identifies the property. We plan to use up to 12 signs at ground of first floor level of varying sizes but not to exceed 12 ft x 4 ft near 165 Front St. at the corner of Front and Springfield and both sides of the entrance from Springfield St. closest to the river. Further, we plan to use signage that fits within the overall design and respects the historical quality of the property. Applicant – 4 Perkins, LLC, Aaron Papowitz, c/o SilverBrick, 307 W 38th St., Suite 1414, NY, NY 10018. Aaron Papowicz Founder of SilverBrick and Tom Graco Director of Construction, SilverBrick Group were present. Aaron Papowicz stated that they are looking to get approval for mixed use. He stated that it is currently zoned commercial and this mixed use would allow for residential units up to six hundred. He stated that it would be studios and one bedroom units and would be done in two phases. Phase one would be two hundred and eighty units and phase two would be two hundred and ninety units. Councilor Brooks stated that currently you are going through the SPRAC process through the Planning Department. Councilor Tillotson stated that the lot next to the shopping plaza belongs to you. Aaron Papowicz answered yes and that will be included in the parking. The waiver numbers include the parking. Councilor Balakier stated when do you project the start dates for phase one and phase two. Tom Graco stated it depends largely upon when we get approval but possibly three months for phase one and then we will go right into phase two. Councilor Tillotson inquired about the noise. Tom Graco stated that he’s not familiar with all the requirements but they use a specific type of flooring to insulate that has been very successful. Aaron Papowicz stated that there will be no exterior noise. Lee Pouliot stated that we have a requirement in the zoning language for Mill conversion overlay district that says residential units shall not be constructed so that interior noise levels do not exceed LDN decibels of forty five decibels in any inhabitable room; that’s what they’re requesting a waiver from. Lee Pouliot discussed the SPRAC Review Committee recommendations below; Lee Pouliot stated that from a Planning staffs prospective this project at the conceptual level meets the intent of the Mill Conversion Overlay District. Lee Pouliot stated that seven hundred and three spaces that include one hundred and eighteen guest spaces. He further stated that at no point will there be one hundred and eighteen guests at this complex at once and not to mention that in downtown Chicopee there is ample downtown parking. Lee Pouliot stated that the landscaping will include planting, screening and some trees. Lee Pouliot stated that they will continue to work with the Silver Brick design team. Lee Pouliot stated that nothing will move forward until the Planning Department has been satisfied and Carl Dietz won’t be in a position to issue building permits until that’s completed. Councilor Brooks stated that we are excited about the potential of that development and what it means to the City of Chicopee. 2 Permit to run with the land All regulations shall be satisfied by written correspondence from Planning Director required by the Mill Conversion Overlay District Councilor Laflamme motion to approve with condition that All departmental requirements and regulations shall be satisfied prior to the issuance of the Special Permit as evidenced by a written communication sent to the City Council by our Planning Director confirming that the regulations under the Mill Conversion Overlay District have been met to the satisfaction of our Director of Planning. – Councilor Brooks 2nd the motion – motion passed Committee vote 6 – 0 favorable ITEM #2 Ordinance Amendment – Chapter 275-51.1 Membrane-covered structures. Add language to Chapter 275- 51.1 B (3). Full text available in the City Council Office. Applicant: Councilor Frank Laflamme (At- Large), City Hall Annex, 274 Front St., Chicopee, MA 01013 Councilor Laflamme stated his intent is to not take any authority away from anyone. He stated that his concern is that it is costly to a taxpayer and there are several steps such as setback requirements from the Zoning Board of Appeals. He stated it cost over four hundred dollars for the ZBA to run their ad. He stated that the applicant has to pay the City Council to run their ad. He stated basically the membrane covered structure is for storage of a boat etc. Councilor Laflamme stated that some of the constituents can’t afford to put the membrane covered structures up. He stated that it shouldn’t cost someone over five hundred dollars to put these structures up. Lee Pouliot stated that in residential B and C an applicant needs a variance and has two potential pathways to get what they need. He stated that they can go through a variance application for the ZBA or they could bypass that and come to the City Council for a Special Permit to wave those requirements. He stated that the Board is concerned seeing yet another variance situation leave the review authority of the Board of Appeals. Lee Pouliot stated that he requested that the Law Department review the use of the local newspaper for the Boards and Commissions that are under the Planning Departments oversight. He stated that the local papers are not widely circulated for us to utilize. He stated that the Planning Department has to advertise for two consecutive weeks prior to the meeting but the local papers do not come out every two weeks and that creates another issue because that requirement is set by State Zoning Laws. Lee Pouliot stated if we can make this work I think all the Boards and Commissions will want to do this. He suggested that we wait to start a new year to make sure we could do the local papers twice because it will change our cycle of deadline to file dates. He stated that the Republican paper is expensive and it goes up every year and it’s not uncommon to see a Planning Board ad cost sixteen hundred dollars for a full agenda. Councilor Brooks stated that the cost of the filing fee is an excess of the total value of the structure and that’s a real challenge for people to spend two hundred dollars on a structure and spend four hundred dollars to put it up. Councilor Krampits stated that The Reminder publication has switched over to weekly publications. He stated if they stay with having a weekly publication, then you have The Register and The Reminder. Lee Pouliot stated that he will look into this. Councilor Laflamme stated that some applicants only have the structure up for one year. They might be doing work on their homes or using it for storage. 3 Lee Pouliot stated that we will look into switching to using both local papers if we can make the schedules work. He stated the State Law is very specific about printed legal ads. He stated the State Zoning Law is so dated. Councilor Laflamme stated you spend about four thousand dollars on ads for the Planning Department. He stated by talking this out you may be able to cut that in half. Lee Pouliot agreed but stated that trade off there may be more time between filing and hearing. Planning Director will explore advertising requirements under State Zoning Law for cost of advertising for all applicants; cost savings for the city. Councilor Laflamme motion to approve – Councilor Brooks 2nd the motion – motion passed Committee vote 6 – 0 favorable ITEM #3 Councilor Tillotson motion to approve the Minutes of May 17, 2018 – Councilor Brooks 2nd the motion – motion passed Meeting adjourned at 7:05 PM 4