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 APPROVED 12-13-18 Stan Walczak George Balakier MINUTES November 15, 2018 The following are the minutes of a public hearing held Thursday, November 15, 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, Walczak, Roy, Balakier Members Absent: Krampits Also Present: Dan Garvey (Asst. City Solicitor), Lee Pouliot (Planning Director), William Jebb (Chief of Police) Councilor Dobosz 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 275-54 (c) for the purpose of waiving dimensional requirements under section 275-28, 275-40 (C) (15) and 275-54 (D) (2) seeking waivers for the following (1) A waiver of section 275-28 for the attachment of canopies to building as shown in the plans (2) A waiver of section 275-40 (C) (15) for the attachment of sheds to buildings 4, 12 and 15 to permit the location of a building the minimum five (5) feet setback from a driveway (3) A waiver of section 275-54 (D) (2) for the attachment of sheds to buildings 5, 8, 16, 18 and 19 to permit the location of a principal building within twenty-five (25 feet of another principal building located at 65 & 70 Broadway. Applicant – Chicopee Housing Associates, a MA Limited Partnership, Ellen W. Freman, Esq., 65 & 70 Broadway, Chicopee, MA 01020. Ellen W. Freman stated that Chicopee Housing Associates has owned these apartments for many years and they are now going through a tax credit refinance where they’re getting money to rehab the entire facility. She stated as part of the upgrades we are putting in some new boilers 1 and enclosing them. She stated that there are two sides; the elderly side and the family side. She stated that some of them are affordable units. She stated that the property is not conforming to the setbacks and open space so we’re creating and extending some new nonconformities by these little sheds that are going onto the building. She stated that this is all for the benefit for the residents. We will have a more energy efficient design and more reliable system for the seniors. Greg Zorzi Studio & Inc. Westfield, Architect stated that we are adding canopies to protect the doorways and add comfort for the residents to get out of the rain. He stated that there is an existing outdoor boiler room and the distribution goes underground so when there is a problem they have to excavate the site to try to find out what the issue is. He stated that we came up with the plan to put small little boiler rooms on the ends of the buildings. Lee Pouliot stated that the SPRAC review comments are pretty general. He recommends that the committee in looking at the Special Permit approve these as the conditions and we’ll ensure that they’re met as part of the process. Planning Department 1. Please provide spot grades on the new sidewalk areas and the Handicap parking spaces. Confirm with the Building and Engineering Department that grades are acceptable. 2. Confirm that other utilities have no problems with the location of new gas mains. Engineering Department 3. Coordinate with the Engineering Department when it is determined what the course of action will be regarding the repair of the sanitary sewer line that connects to Church Street. Church Street is currently under a pavement moratorium. 4. Three (3) gas utility sheds adjacent to the driveway are a concern. Consider relocation or installing bollards for protection. 5. Parking spaces being converted to handicap spaces must adhere to the 2% maximum slope requirement. Fire Department 6. Utility sheds shall have smoke detectors hardwired and interconnected with common areas and/or individual units in apartment buildings. Water Department 7. All materials are subject to Chicopee Water Department approval and should meet Chicopee Water Department Specifications as outlined in the “Construction Standards and Materials Specification”. i.e. Water Mains shall be class 52 ductile iron. All material shall be new and of the type currently being used by the Chicopee Water Department. All specifications can be found on the City of Chicopee’s web site on the Water Department webpage. 8. The Chicopee Water Department is not a member of DIGSAFE and must be notified separately at 413-594-3420 9. If the water service needs to be turned off, a 48 hour notice must be given to the Chicopee Water Department. Councilor Balakier asked when is the projected start time for the project and when will it be finished. Ellen W. Freman stated that the project will start as soon as twenty days from now and it’s a twelve month project. Councilor Walczak asked how many utility sheds are there. 2 Ellen W. Freman answered there are twelve but one is inside the building already so there will be eleven exterior. Greg Zorzi stated that the sheds are about six feet and the sheds will be used to protect the boilers. Permit to run with applicant SPRAC recommendation to be followed prior to issuance of the Special Permit. Councilor Laflamme motion to approve with the SPRAC recommendation – Councilor Brooks 2nd the motion – motion passed. Committee vote 6 – 0 favorable ITEM #2 Special Permit application under 275-40 (G) for the purpose of allowing for a reduction in the number of required parking spaces at the subject site located at 480 & 510 Burnett Rd. Applicant – J & N Salema Family Limited Partnership, Peter Martins, 4 Harding Ave., Ludlow, MA 01056. Applicant was not present. Filipe Cravo, Project Engineer of R. Levesque Associates was present he stated that what the applicant is proposing to do is reconfigure the site by constructing a new building. What we are going through right now is a number of revisions. He stated that we’ve been in front of the Conservation Commission. He stated that these two parcels work in concert, some of these uses we’ll utilize as parking. It also gave us the opportunity to make the drive through a little bit more efficient. He stated that they are going to reconfigure the drive through and push it back for more stacking spaces. He stated that many of these businesses have different peak times for use. He stated that under 275-40(G) that both of these properties are under common ownership. He stated it’s a six thousand square foot building; six thousand on the first floor and four thousand on the second floor. He stated that the parking calculations were based on both sites combined. He stated that seventy five percent of the customers go through the drive through at Dunkin Donuts. Councilor Laflamme stated that Dunkin Donuts bought that whole property. Councilor Walczak stated what is the purpose for a loading zone if it’s an office building. Filipe Cravo stated that the loading zone would be more for the Dunkin Donuts. Councilor Tillotson asked what the impact on the traffic out there is. He stated it’s very congested. Filipe Cravo stated they are still working through the planning process. We’ve gone through the SPRAC meeting and we’re working on the Engineering. He stated that office buildings typically; people coming to work in the morning and leaving later in the afternoon. Lee Pouliot stated that the special permit request is specifically for the waiver of the parking requirement. Based on the uses that are there and the proposed additional uses of the new building with office tenants, our zoning code would require the applicant to build one hundred ninety seven spaces of parking. There are three flexible parking standards that they have 3 referenced in their request to reduce in one hundred and twenty eight spaces that have been reviewed by Conservation and the Planning Board and have been approved. He stated that the first one is protection of a sensitive environmental area; just over the property line in the State Park is a specific wetland resource, it’s regulated via our local regulations. He stated the applicant work very closely with the Conservation Commission to address and relocate this building out of that recourse area buffer. He stated demands for different uses at different times of the day so that parking can be shared among uses and the shared parking between abutting properties; standard practice with the Planning Department has been that we totally support any project that reduces impervious surface on a project. He stated that we don’t see anything here with the addition of the office building that would overwhelm the existing parking total of one hundred and twenty eight on the property. The Planning Board and the Conservation Commission were both comfortable with the proposed plan. He stated that no traffic study is required through a traditional review through the Planning Board. Permit to run with applicant Councilor Roy motion to approve – Councilor Laflamme 2nd the motion – motion passed Committee vote 6 – 0 favorable ITEM #3 Special Permit application under 275-53 B (14) for the purpose of dog kennel – 4 Chihuahuas on Residential B property located at 483 Chicopee St. Applicant – Rosita Diaz Valentin, 483 Chicopee St., Chicopee, MA 01013. Applicant was present she stated she has four Chihuahua’s and when she moved here she already had them. She stated that she’s willing to get a Kennel License. Councilor Brooks stated that this is part of the process to apply for a Kennel license so our City Clerk can keep track of the amount of dogs within the city. Her son stated that she has some depression and anxiety. He stated that she is not trying to run a Kennel and he understands that this is just a formality and he has tried to explain that to her. He stated that all the dogs are neutered and spayed and there are no dogs for breeding. Rosita Diaz Valentin stated she has a letter from the Doctor. Councilor Brooks stated you currently have four dogs and you just moved here. Rosita Diaz Valentin answered yes. She was very upset about the Kennel license. Councilor Brooks stated that there are no abutters here tonight and I think as evidence by the lack of people here there is no one concerned about this but, he would like to hear from the Ward Councilor. Councilor Courchesne stated he is confident there will be no problem. Councilor Brooks stated that the property looks well-kept with a fenced in yard. Rosita Diaz Valentin stated that the dogs are all well trained. Councilor Brooks stated that as the dogs pass away we are going to adjust your Special Permit accordingly to reflect that you’ve gone down to three. He stated that once you are at three dogs you will be under the threshold and you would not require a Special Permit. 4 Permit to run with Applicant Councilor Laflamme motion to approve - Councilor Brooks 2nd the motion – motion passed Committee vote 6 – 0 favorable ITEM #4 Special Permit application under 275-58 for the purpose of operating an eating and drinking place for the consumption of alcohol located at 703 Grattan St. Applicant – LS Restaurants, LLC, James Kosiorek, Mgr., 703 Grattan St., Chicopee, MA 01020. Applicant was present with Attorney Jeffery Giel of LPLG Law, 641 Grattan Street. Attorney Geil stated that the Lucky Strike has good owners and it’s a long standing business. He stated that his client James Kosiorek is a thirty year old married gentleman who very successfully owns the trading post on Burnett Road. He stated that he has very strong ties to the City of Chicopee and he just signed a new ten year lease at the Trading Post so he’s not going anywhere. The relationship between Mr. Kosiorek and Mr. Dugre is fabulous; he was just at their recent retirement party. He spends time at the restaurant working together with Michael Dugre at times. He stated that we are here asking for a Special Permit for continuing the operation. He stated that Mr. Kosiorek is buying the restaurant and for that we need to transfer the liquor license. Councilor Walczak asked if the present staff at the restaurant will continue to work there. Attorney Geil answered yes. Permit to run with applicant Councilor Laflamme motion to approve – Councilor Brooks 2nd the motion – motion passed Committee vote 6 – 0 favorable ITEM #5 Special Permit application under 275-50.C.2.a for the purpose of allowing electronically changeable fuel pricing to replace current manually changeable fuel pricing located at 1423 Memorial Dr. Applicant – Robert Kuszpa, 43 Hosier Rd., Plymouth, CT 06782. Applicant was present he stated that it’s just a replacement of the pricing to make a safer operation. He stated that the pricing changes more than two times per day. Planning Department Property is zoned Business A; electronic signage requires a Special Permit in all zoning districts (275-50(c)(2)(a)). 5 Applicant proposes to upgrade fuel pricing signage on existing pylons. No area increase proposed. Recommend approval. Fire Department No Concerns Permit to run with applicant Councilor Roy motion to approve with restrictions – Councilor Brooks 2nd the motion – motion passed Committee vote 6 – 0 favorable ITEM #6 Ordinance Amendment to Chapter 275-50(B)(3)(a) insert additional language to end of the section. Full text available in the City Council Office. Applicant: Councilors John Vieau (Ward 3), Frank Laflamme and James Tillotson (At-Large). Councilor Laflamme stated that this came to light on an issue that happened on Simard Drive. The City Council approved a new machine for radar; it was portable and could be placed on a pole. It was placed on a pole and DPW went and removed it from the pole and threw it in the back of the truck and damaged it. The DPW stated it needs Engineering approval. He stated that talking with the Police Chief and he feels strongly also that they should not have to go through Engineering for anything. He stated that the sign is installed at the correct height. Chief Jebb stated that the unfortunate thing here is if there is an added layer where we have to contact somebody before we do something; there are concerns that we are going to alert everybody what we’re doing. We’re putting out different devices that are stealth and recording traffic in both directions. These devices cost twelve thousand dollars. He stated that this is restricting the Police Departments capabilities to put devices out there to protect the public. His concerns are restricting our ability to do our job until we notify somebody from DPW which makes absolutely no sense. He stated from the Mayor and from the community one of the biggest complaints we have is traffic. Chief Jebb stated that the device is a black box sixteen by sixteen and eight inches thick and we can put it on anything and it records traffic. He stated that if we alert people that we are putting these out there then we are not going to get a true reading. Councilor Roy asked what the concerns from the DPW were. Chief Jebb answered they did not know what it was. He stated that they ripped it off the pole, threw it in the back of the truck for a couple of days. He stated that the Police Department thought it was stolen. He stated that we now have the Police Departments label on them. He stated that the person who removed it should have had common sense and made some calls. It’s an expensive item and it’s high up on the pole. It comes with straps and it’s designed to attach to a telephone pole. Chief Jebb stated that they are purchasing cameras to video the area as well and they also attach to these poles and in those cases he does not want to notify. 6 Chief Jebb stated that we have two brands new trailers and two other units they can attach to a pole. He stated wherever we get complaints we put them out. Planning Department Recommendation Approval with the condition that a courtesy notice be sent to the City Engineer when signs are to be placed to ensure not negative impacts to sight lines or public safety issues will occur due to placement of signs. Councilor Brooks suggested that you may want to send notification to the Mayor’s office. This way if a Department head has a question about these devices, they could adjust it accordingly. Councilor Laflamme stated he thinks the Police Department should have rights as Public Safety. Chief Jebb stated that our Traffic Bureau runs seven days a week so you are hindering some of our operations if we have to notify the Mayor’s office. He stated that based off of Public Safety and what we’re trying to accomplish he doesn’t think there’s a reason to notify anyone. He stated that we’re not damaging anything; the boxes have straps that wrap around the pole. Councilor Laflamme stated that if the Police Department wants to do something we should not impede their job. Chief Jebb agreed one hundred and ten percent with Councilor Laflamme. Councilor Brooks stated he is not trying to undermine and usurp his authority but everyone has a supervisor and even though it’s an elected position he reports to an authority. Councilor Laflamme stated that the Chief can talk to the Mayor. Chief Jebb stated that the DPW had no idea what the boxes were but, now we have marked the back of the devices. Councilor Tillotson suggested if the Chief could inform the Mayor of the location of the boxes in case he gets calls. Chief Jebb stated that it’s no surprise unless you know where it is. He stated that eight out of ten people won’t see it when they drive by. Lee Pouliot stated that the Planning Board focused on those electronic signs that you have on the little trailers, I don’t think that they were aware that this was emergency equipment that would be attached to a telephone pole so their concerns were more with those electronic traffic signs. Lee Pouliot stated that on the recommendation, all the Planning Board is requesting is those temporary electronic signs on wheels that are being utilized for something; once they’re installed a notice is sent to Engineering just letting them know that they’re out there that’s all they requested they don’t need approval over the location. Councilor Tillotson stated that the Police Department has enough common sense they don’t need to put that in writing. Councilor Walczak stated that nobody should be taking anything down from a pole before getting approval from a Supervisor. Councilor Laflamme motion to approve – Councilor Roy 2nd the motion – motion passed Committee vote 6 – 0 favorable ITEM #7 7 Councilor Laflamme motion to approve the minutes of October 24, 2018 – Councilor Brooks 2nd the motion – motion passed Meeting adjourned at 7:30 8