City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 1-17-2019 Members Shane Brooks, Chair James Tillotson, Vice Chair Fred Krampits Frank Laflamme Jerry Roy Stan Walczak George Balakier MINUTES December 13, 2018 The following are the minutes of a public hearing held Thursday, December 13, 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, Krampits, Laflamme, Walczak, Roy, Balakier Members Absent: Also Present: Dan Garvey (Asst. City Solicitor), Lee Pouliot (Planning Director), Councilor Dobosz, Councilor Roy 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 Chapter 275-23 for the purpose of rebuilding a home at 40 Czepiel St that burned down. Applicant – Waycon, Inc., Wayne Bessette, 157 Britton St., Chicopee, MA 01020. Applicant present stated that we’re trying to build a one family home on the same footprint. He stated we just want to get this man back in his house. Councilor Brooks asked if there were any modifications to this site. Wayne Bessette stated it will be twenty five feet back, six feet on the right hand side facing the house and twelve feet on the other side. He stated it’s the same footprint. Councilor Brooks stated that the restoration is of a conforming use on a non-conforming lot. Mr. Fontaine stated he has lived there for forty years and would like to get back home. 1 Public Input Barbara Kulig, 50 Czepiel Street stated that it was a very devastating fire and Mr. Fontaine has suffered the most. She stated that the Fire Department feared that the fire would spread very quickly; five trucks were called to the fire. She stated that her house is setback twelve feet from the property line; that being said it was very hot and very close to my house. She stated the fear of it spreading then precipitates her fear of a fire in the future. She stated he can rebuild with the minimum setback of six feet on the same foot print. She stated she wishes there could be more distance between houses. She stated that she offered to purchase the land if the applicant did not want to go through with the building. She stated that she opposes this but not on a personal level but out of fear for houses being so very close. She stated that if he rebuilds, his house is not placed in the center it’s six feet from my property line. She asked if the house could possibly be moved towards the center to give her the benefit of a few more feet or a better fire wall put on the outside of the house. Wayne Bessett stated that fire alarms and good housekeeping would help. Councilor Walczak asked what the cause of the fire was and Mr. Fontaine answered it was electrical. Mr. Fontaine stated he has lived in that house for over forty years. Councilor Laflamme stated that if they center the house they would lose their driveway. Wayne Bessette stated he could understand Barbara Kulig’s concern but he doesn’t think two feet will make a difference. He suggested that we put 5/8ths on that gable wall. Councilor Laflamme stated that the 5/8th gable wall is on commercial buildings and it’s a better firewall. Councilor Laflamme stated that the new materials that they use to build the structures today are different than years ago. Barbara Kulig stated that she agrees that a newer house would be in better condition. She also stated that they had a lot of living items in the home which contributes to a fire. She stated that with newer wiring and less items in the house it’s less likely to happen again. Mr. Fontaine stated that it took the Fire Department forever to get there. Councilor Brooks stated that this is obviously challenging and traumatic for the neighborhood but it sounds like the state building code and the materials used now being fire retardant and fire rated, this will not likely happen again. Permit to run with land With 5/8 inch plywood sheathing on the outside gable wall Councilor Laflamme motion to approve – Councilor Brooks 2nd the motion – motion passed Committee vote 7 – 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 2 Attorney Garvey stated he has to submit a written document stating that he agrees to the sixty day extension if he doesn’t then we have to vote on it Tuesday night. He stated that they have to be notified tomorrow. Request for a written extension. Councilor Krampits motion to postpone Item 2 for sixty days and grant the petitioner a sixty day extension- Councilor Laflamme 2nd the motion – motion passed Committee vote 5 – 0 favorable ITEM #3 Zone Change application from Business A to Business B for .33 acres of property located at 524 Chicopee St. for the purpose of small business construction outfit to enable outdoor storage of masonry and construction materials, a fenced in dumpster for bagged construction materials and appropriate parking for small construction vehicles and equipment. Applicant – Jordan Healy, 218 East St., Easthampton, MA 01027. Councilor Brooks recapped on what happen last month. He stated that there was an unfavorable motion to grant the zone change. He stated that the ward councilor reached out to talk about alternatives and try to satisfy all concerns within the neighborhood and we sent this back to committee and that’s why you’re back here this evening. Mark Murphy and Roger Robare owners of D & D Masonry were present Mark Murphy stated that last time we were here some concerns were obviously the neighbors, the noise, and the dumpster. He stated that they reached out to the eighteen people on the list that were not in support of us and seventeen out of eighteen of those people are in support of us. He stated that they were given some other information as to what we were doing at the property. He stated that the business has been there for the last three years and since we’ve taken ownership over a year ago they support us now and support us in the future. He stated that we’ve complied with the cease and desist and removed the dumpster from the property. He stated that we park our vehicles out front so we don’t disturb the neighbors out back. He stated that the seventeen neighbors provided their numbers if anyone wants to call them, but they do support what we’re doing there. Public Input Caridad Cruz, 13 Catherine Street stated she has more signatures from Shepard and Chicopee streets. She stated that we just want to keep it residential and to make sure that the dumpsters and the trucks are kept out of the area. She stated that some of the neighbors stated that they never signed anything from them and one is a renter so she does not count. She stated that we don’t want to shut down the business we just want to keep it residential. Councilor Brooks stated that it is currently Business A zoned and there was no agreement made, it is operating under what is allowed in Business A. Caridad Cruz stated that all the debris fly’s our way and we have been complaining for the past five years. Councilor Brooks stated there’s a letter in support of a specific zone change from Business A to Business B that are signed in favor and then there are some names that are on the original submission letter that are formally opposed. He stated that we need to reconcile some of them, some of the support seems to run in both directions. 3 Councilor Tillotson stated that once he gets the zone change he can do whatever he wants under Business B there’s no guarantee. He stated that it’s zoned wrong for the operation that’s there. Attorney Garvey stated that the business that was there with the dumpsters was not appropriate therefore a cease and desist was issued. He stated what is allowed under Business A; automobile parking, auto service, auto trade, business and professional services, commercial greenhouses, communications, educational, entertainment, finance and insurance, real estate, funeral and crematory services, hotel, motel, membership clubs, personal services, repair services, retail trade with or without outdoor storage, welfare institutions, lodging houses, motor vehicle repair and animal kennels. Lee Pouliot stated that he is going to give us the land use contents. He stated we have Business A and Business B and multiple commercial districts but I think it’s important to understand what the intent the Business A zoned verses the Business B zone is as established in our zoning code. He stated that Business A is intended for general business uses located in areas of high traffic volume that are intended to serve an area wide population. He stated that is what the property is currently zoned as. He stated Business B is intended for heavy business’s that generate high volumes of traffic and are incompatible with residential and many general business uses. He stated that contract constructive services is specifically called out in business B and it’s defined very clearly: facilities used by firms engaged in construction activities including but not limited to; plumbing, heating, air conditioning, painting, electrical, masonry, stonework, tile, setting and plastering, carpet and wood flooring, roofing and sheet metal, concrete and well drilling. He stated that if the zone here is changed then you are creating a spot zone. It’s mostly residential with Business A along the Chicopee Street corridor. Lee Pouliot stated that it would be unwise to set the precedence to continuing to create spot zones when we are actively trying to fix them. Mark Murphy stated that there is an ability to enforce these things, the Building Department and the Building Commissioner enforces these things to everyone in the city. Mark Murphy stated that any business can have a dumpster in the back. He stated that if this is approved it would be a spot zone but the parcel limits us to what we’re able to do at the property. The parcel and the constraints of the property limit us. He stated that we are just operating under the requirements of the parcels. Robert Robare stated that they have been working with the neighborhood and have made substantial improvements to how we manage that site. He stated that this is heavy masonry debris it is not something that just fly’s around. He stated that he does not appreciate being painted as an irresponsible corporate citizen when we have done everything responsible in this situation from beginning to end. Robert Rabare stated there was a certificate of occupancy issued by the City of Chicopee Building Department of September 5, 2017. He stated that we submitted it because there wasn’t one and as part of our due diligence with the purchase of this property we recognized the need to be in compliance. We invited the Building Department out before we even owned the property and they found several deficiencies in the property and we rectified them before we owned the property. He stated that a Certificate of Occupancy was issued to us for the same business that operated there as a Masonry and Chimney Sweep business. He stated that if the City brought forth at that time that this business was not suitable to operate at that location then perhaps we would have not moved forward with that purchase. We did what we thought was the right thing to do. He stated that we are operating a very small construction outfit there are twelve employees and there are a few vehicles. He stated that in the morning they leave the site. There is a brief period in the morning where they start the trucks and then they are gone for up to ten hours. They return at the end of the day, put the trucks away and go home. He stated that this is not an industrial operation; it’s a small specialty trade business of Artisan and Masons with some office support staff. Robert Robare stated that he understands the intent of the zoning perhaps the zoning bylaws need to be looked at in terms of the specificity of having a contract construction business only allowed under Business B verses Business A. He stated that this has done a huge detriment to our business. It cost 4 additional money to dispose of the materials off site and it makes longer days for our employees. He also wanted to add that the vote on the renter of the petition counts whether she rents or owns a house. Caradad Cruz stated that she has been calling the City of Chicopee for five years; she’s been calling the Board of Health and the Building Inspector. She has nothing against them; it’s something that’s been ongoing. She stated it’s not her fault that the other business didn’t tell them what was going on when they bought it. She stated that she has sent videos to John Beaulieu showing loose debris and cement. She stated it’s being shoveled from the dump trucks into the dumpsters. At six o’clock in the morning bricks are being thrown inside the dumpster. She stated that one of the neighbors that lives on Chicopee Street said it’s been nice and there has been no noise since the cease and desist. She stated that she works second and third shift and she can’t fall asleep until ten o’clock in the morning because of the noise. Public Input Gerry Roy 31 Dublin Drive stated that he thinks some of the problem is because the fence there is not solid and I know they are going to address that. He stated that they are bagging the debris right now and throwing it in the dumpster. He stated that Home Depot is zoned Business A and they have four dumpsters and tractor trailers rolling in throughout the night. He would tend to think that half of these little operations in the city aren’t zoned Business B. He stated that Home Depot does; contracting, windows, doors, siding and roofing and they’re in Business A. He stated that a lot of this is more of a systemic issue with the zoning the way it’s written. He stated that this may be something that the Council would want to address. He stated that with a covered dumpster, bagged product and an eight foot fence it would solve a lot of problems. He stated that you could have an Auto Repair or Dog Kennel here tomorrow. The alternatives are sometimes worse than what you have. He stated he thinks it makes sense for the city as far as jobs go. Caridad Cruz stated that she has footage on her phone of them dumping stuff without being bagged. She stated that neighbors came to her with concern and they expected me to speak for the neighborhood. She stated she wants to keep it a nice peaceful place like it was when my parents bought the house over twenty years ago. Councilor Krampits stated that he spoke to Councilor Courchesne and he informed him that he would not be able to attend this meeting and he stated that he is against the zone change because they had not complied with his request. Councilor Brooks stated that they will be able to operate by use if the zone change is granted. If it remains the same the dumpster will need to remain off of premises for the purpose of unloading construction materials but, they’ll likely still be able to operate the business as it is now; scheduling appointments, meeting with their staff putting them out in the community as a whole to perform the work. He stated it’s been made aware by the abutters and the applicants that none of the work can possibly occur on the site by way of the masonry work you’re doing. Councilor Laflamme stated why can’t they all be on site as long as they don’t dump. Attorney Garvey stated that as far as the operation that they have right now, we determined that it is not allowed by right in a Business A district. The only way that operation can continue is if the zone change is granted to a Business B. It is categorized as a construction business. Attorney Garvey stated that he can drive a truck their get an appointment and leave. Councilor Laflamme stated he will visit all the people who signed the petition. Councilor Tillotson stated that he can bring his trucks in but he can’t bring in any debris. He would have to take the debris someplace else. He stated that the debris and the dust are the problem; he doesn’t think it’s the size of the trucks it’s what’s in the trucks. He stated that his issue is that they can’t bring in the debris that creates the dust, that’s the way he sees the difference between Business A and B. Councilor Laflamme stated that the Ward Councilor and Building Department should have been here. We need the answer from the Building Department, can it work or can it not work. 5 Councilor Laflamme stated he wants to make sure he can operate in a clean fashion for the neighborhood. Caridad Cruz stated she does not have a problem with the trucks parked in front of the building she just doesn’t want the dump trucks. Attorney Garvey stated there is a time limit on this but it goes back to where they have to reapply as opposed to it to be automatically granted. He stated that it’s ninety days from the day that we received the Planning Boards recommendation. Councilor Brooks stated we received the recommendation on September 17, 2018. Councilor Brooks said that Councilor Courchesne did not communicate to him how he feels and he could have conveyed his message tonight. He stated that we’re confronted with the issues we have in front of us tonight. He stated that he has a Zoning Committee meeting set for January 17, 2019. He stated we will get the Building Commissioner here and ask him how he interprets all this and he will work behind the scenes prior to the January 17th meeting. Councilor Laflamme motion to postpone to the call of the chair until January 17, 2019 – Councilor Krampits 2nd the motion – motion passed Committee vote 7 – 0 favorable ITEM #4 Special Permit application under Chapter 275-62 (D) for the purpose of relief of setback requirements from 25’ to 2’ for new sign placement located at 658 Fuller Rd. Applicant – Carlos Martins, 658 Fuller Rd., Chicopee, MA 01020. Applicant was not present Councilor Krampits motion to postpone to the call of the chair – Councilor Brooks 2nd the motion – motion passed Committee vote 7 – 0 favorable ITEM #5 Special Permit application under Chapter 275-31 for the purpose of filling of a former gravel pit in accordance with Dept. of Environmental Protection policy COMM 15-001 located off Sheridan Street (Map 428 Parcel 14C). Applicant – Ondrick Materials & Recycling, LLC, Todd Ondrick, 22 Industry Rd., Chicopee, MA 01020. Gary Magnuson CMG Environmental was present he stated that the proposal is to come in off of Ludlow Park Drive, one entrance one exit, fill the gravel pit so it can be used for future development. He stated the materials that are going in there are excess construction materials and they’ll be dealt with under DEP policy called COM15001 and Odrick’s Material and Recycling will enter into an administrative consent order with MassDEP to assure that all the materials that come in meet the requirements. He stated that there are seven active facilities in the Commonwealth and three that have already been completed so there are ten. Councilor Roy stated how long does this have to settle before you can do any construction. Gary Magnuson stated the plan is to try to fill it in over a five year period. Fire Department 6 No Concerns Planning Department Property is zoned IPUD – Large scale excavation and fill projects require a Special Permit (275-31(A)). Project has been reviewed by the Conservation Commission and was given a negative 3 determination (no impacts to a resource area) A notice of intent is not required. Project proposes to fill an historic gravel pit and prepare the property for future reuse. Recommend approval with the condition that the applicant provide an annual update of filling progress to the city. Permit to run with the applicant Councilor Laflamme motion to approve – Councilor Balakier 2nd the motion – motion passed Committee vote 7 – 0 favorable ITEM #6 Councilor Krampits motion to approve the minutes of November 15, 2018 – Councilor Brooks 2nd the motion – motion passed Meeting adjourned at 8:00 PM 7