City Council - Zoning Committee

City of Chicopee City Council Zoning Committee APPROVED 10-28-2020 Members George Balakier, Chair James Tillotson, Vice Chair Fred Krampits Frank Laflamme Jerry Roy Stan Walczak Gary Labrie MINUTES September 30, 2020 The following are the minutes of a public hearing held Wednesday, September 30, 2020 at 6:30 PM in the Council Chambers, City Hall Annex, 274 Front Street, Chicopee, MA 01013 and on Zoom. Members Present: Tillotson, Krampits, Laflamme, Roy, Labrie Members Absent: Balakier, Walczak Also Present: Daniel Garvey (Associated City Solicitor), Lee Pouliot (Planning Director), Jerry Rivera (IT), Councilor Galecki The meeting was called to order at 6:30 PM ITEM #1 Special Permit application under section 275-72 for the purpose of Adult Use of Marijuana – Marijuana Retailer – License Group B located at 1269 Memorial Drive. Applicant – James Robinson DBA JimBudys Rec Shop, 30 Vadnais St., Chicopee, MA 01020. James Robinson was present at the meeting. SPRAC Comments were read: 1  Departmental (SPRAC) Comments Submitted to the Planning Department for Site Plan associated with Special Permit File # 20-6604 “Jimbuddy’s Inc.” August 20, 2020 Planning Department: 1. The Property Owner MUST resolve the following issues prior to the Planning Department recommending approval of this Special Permit:  Enforcement Order from the Conservation Commission for expanding a parking lot in Riverfront Area without a filing or approval from the Conservation Commission.  Completion of required Site Plan Review Advisory Committee (SPRAC) review and addressing any enforcement by the Building Department due to lack of submitting plans to the SPRAC for the parking lot expansion. (See Building Department comment #11)  Compliance with the sign regulations. 2. Jamrog Drive needs to have new no parking signs installed – existing signs extremely faded. Address with DPW. Engineering Department: 3. The plan notes that “All parking shown is proposed.” The plan does not call for any new pavement or other impervious areas, nor does it call for overlaying the existing parking lot. Therefore, exterior work involves mostly re-striping the existing parking lot. 4. There are no typical parking space dimensions shown on the plan. The handicapped parking space is also not dimensioned. These typical dimensions or typical details must be shown on the plan. 5. Details of the ramp for the handicapped parking space must be provided. Fire Department: 6. No Comments. Water Department: 7 No Comments. Water Pollution Control: 8 No Comments. 2 Police Department: 9 There are issues with parking for this business. Parking in front of the business is minimal, I believe customers will start parking all over Jamrog Drive, Memorial Drive (which is prohibited) and will cause safety issues for the residents. Building Department: 10 Expansion of the parking lot needs to be properly reviewed and permitted per order of notice attached. 11 275-40C(8)(a) Pavement must be set back 8 feet from a street lot line. 12 275-40C(9) Provisions shall be made for the storage of snow. 13 275-40C(15) No parking space shall be located within 8 feet of a building wall. 14 275-40E(3) All parking spaces must be separated from walkways or sidewalks by a curbing. 15 A review of 521 CMR, the AAB regulations should be undertaken to determine what level of accessibility is triggered by the proposed and recently completed work. 16 Doors open into each other at security room 101. If possible, all doors should swing in the path of egress. Health Department: 17 No Comments. Conservation Commission: 18 See Planning Department Comment #1 Chicopee Electric Light: 19 No CEL upgrade to the existing electric service is required. Commission for the Disabled: 20 No Comment The committee stated that the issues with the property should be resolved before a Special Permit is granted. (violations of parking expansion and Conservation violations). Mr. Robinson stated that he is certain that he will be able to work with the parking he currently has. He also has an agreement with Masse’s Seafood to utilize their parking spaces which is less 3 than 500 feet away and connected by a sidewalk. He continued that he can have signage on his building directing customers to the overflow parking. He also stated that under the agreed upon Host Agreement he has agreed to have Police detail onsite Thursdays, Fridays and Saturdays. He feels that the issue has been addressed. Councilor Laflamme asked about the parking in the rear of the building; there are trailers, and box trailers. Mr. Robinson stated that the property owner has brought in surveyors. Councilor Laflamme asked how many employees will work at this facility. Mr. Robinson replied 6, 12, 13. They will park at Masse’s Seafood. Councilor Laflamme stated that he would like to see a traffic study for this proposed project. He continued that the Council has requested a traffic study from the previous marijuana facilities that have come before the Council. Mr. Robinson stated that he has been trying to get a traffic study but with COVID it’s been difficult. But he has a firm now that will sign on to conduct the traffic study and maybe this application could be revisited in a month. Councilor Tillotson suggested that the applicant submit a leave to withdraw until all the issues have been corrected. Mr. Robinson stated that he will consult his counsel to get the appropriate letter. Attorney Garvey stated that the Council is under a deadline to make a decision. Mr. Robinson has a number of options. The decision is up to the applicant. 1. Mr. Robinson can say no I don’t wish to withdraw my application. 2. Move forward and have the Council act favorably or unfavorably at the next Council meeting. If the Council votes favorably the Special Permit is granted. If the Council votes unfavorably can’t reapply for 2 years unless there is substantial change to the project. 3. File a motion to withdraw. Lee Pouliot stated that there are 2 issues that the property owner needs to address. The parking lot expansion and gravel area that was created for dumpsters in the back of the property was done without a site plan review. A Notice Order was issued on June 5th by the Building Department. To date plans have not been received. Additionally, that expansion area was expanded into the riverfront area of Willimansett Brook which is a resource area under state law and would have required the filing of a Notice of Intent with the Conservation Commission. The matter was brought to the Conservation Commission and they issued an enforcement order in May with a deadline of submitting a restoration plan and a NOY by July 31st. That deadline has lapsed and nothing has been filed. Lee continued that the property owner has hired an environmental consulting firm that has been working on this. Today Lee 4 received a draft concept plan for restoration. Because the July 31st deadline lapsed the Commission used their authority under both state and local bylaws to fine the property owner from August until the issue is resolved. Councilor Labrie asked Lee that the issues should be rectified before the Council grants a Special Permit. Lee replied that if the restoration plan that he will be reviewing shows a net loss of parking on the parcel that would impact not only this application but the existing businesses. The Special Permit process is at the Council’s discretion but you have a property with a violation from the Building Commissioner as well as Conservation Commission. It would behoove the property owner to fix this issue to allow a possible tenant to move forward with permitting. Mr. Robinson stated that this address was included in the RFP to the City. There was no negative feedback until this meeting. His state application is based on 1269 Memorial Drive. He would like to know why he was not informed before. Lee Pouliot answered that the process is split into two sections. The RFP that was issued was specifically for consideration of locations in the city and for recommendation to the Mayor for the negotiation of Host Community Agreements which is not the process that the City Council gets involved in. The Council gets involved in the issuing of the Special Permit which grants the authority to run one of these businesses. The RFP was step one in the process which allowed the negotiation of a Host Community Agreement with the Mayor’s Office and the actual permitting of the site and the granting of the license to run the operation if through the City Council through this process. This is the first hearing on this location. Mr. Robinson stated that there are ways that he can address the issues regarding parking. He can schedule appointments every 15 minutes so that the parking lot is not full. Motion made by Councilor Laflamme and second by Councilor Tillotson to postpone to the call of the chair. Committee vote 5 – 0 favorable. ITEM #2 Special Permit application under section 275-53 (B) (14) for the purpose of a dog kennel license in backyard for our huskies, golden retriever, beabull and our blue pit mixes located at 29 Concord St. Applicant – Brandon & Angela Klusman, 29 Concord St., Chicopee, MA 01020 Angela and Brandon Klusman were present at the meeting. 5 Ms. Klusman stated that when they bought the house in 2016 they brought 5 dogs with them. This year she has decided that she will apply for a kennel license because the city has been asking since 2016. The kennels have been there and nothing is changing. She continued that TJ O’Conner was called because of noise and smell. They came and inspected and found nothing wrong. She is applying for this Special Permit to comply with the ordinances of the city. Public Input Elizabeth Henchey, 12 Ravine Street, stated that she lives behind 29 Concord Street. The dogs are a nuisance. They constantly bark. They are outside at all hours in all types of weather. The dogs fight. The applicant is now breeding the animals and she is concerned with the number of animals on the property. She continued that the applicant has large breed dogs, cats, birds, rabbits and chickens. This is a problem in the neighborhood. Ms. Henchey also submitted a letter from a neighbor, Doreen Guyette, 32 Ravine Street. The letter has been notarized and it was read into the read: September 23, 2020 Because I am unavailable to attend the hearing on September 30, 2020, I would like you to accept this letter stating I am opposed to the Special Permit for a dog kennel license. In the past, I have heard dogs barking that continues for longer than I expect. The concern is that once the kennels are constructed, barking will happen more often because the kennel will become the dogs’ home. As indicated by Mr. & Mrs. Klusman’s proposal this will include dog houses, with food and water bowls, therefore, it appears their dogs will be permanently outdoors. I believe dogs should be treated as family members, waking, eating, and sleeping in a home. I oppose the kennel license because of the concern of acquiring more dogs to fill the kennels. Thank you. Sincerely, Doreen Guyette 32 Ravine Street Councilor Tillotson stated that the Council received a petition from the neighborhood. Caryl Valego, 185 Slate Road, owns property across the street from the applicant. She stated that she opposes the Special Permit based on the testimony given by the previous abutter. She continued that the property was always pristine until the applicants purchased it. It has become a farm including kennels and cages in the front yard. She is going to place her property on the market and is concerned that this behavior is going to effect the sale of her property. 6 Sabrina Bradway, 105 Mary Street, she stated that the Klusman property is clean and in good condition. She approves the application. Nothing is changing since they moved unto the property. Gail Boudreau, 74 Ravine Street, asked what the kennel license means. Is it open ended? How many dogs will be allowed? Councilor Tillotson stated that the Council does have the authority to limit the number of dogs on the Special Permit. Mrs. Klusman stated that there are many homes on the street that have dogs. She shared a video that she recorded of dogs barking. Her chickens are licensed through the city. The rabbits are in cages. Her birds are never outside and one cat is allowed to go outside. She continued that the animals are like her kids. Councilor Roy asked how many dogs she has. Mrs. Klusman replied 7. Public Input Elizabeth Henchey, 12 Ravine Street, stated that according to Mrs. Klusman’s Facebook page she intends to breed the dogs. She continued that she has a video of the applicant’s dogs barking on a Sunday afternoon for 6 minutes. Councilor Labrie stated that he called 10 individuals randomly from the petition submitted. All said they knew what they were signing. He also received five calls from constituents in opposition of this Special Permit application. The Council has to listen to all the neighbors. Mrs. Klusman stated that she will not get rid of her dogs. Committee report 1 favorable (Roy) 4 unfavorable (Laflamme, Labrie, Krampits, Tillotson) Reasons for denial Excessive barking by dogs Negative effect on the neighborhood Neighborhood petition again the kennel license Lack of area for a kennel of seven large dogs ITEM #3 Special Permit application under section 275-22 (C) for the purpose of construction of a (12’x16’) four-season room at rear of existing single family home located in a Business zone located at 505 Chicopee St. Applicant - James A. Cornelio, 505 Chicopee Street, Chicopee, MA 01013. 7 James Cornelio was present at the meeting. He stated that last October there was a fire at this property. Since then the home has been rebuilt. It had an existing 6x12 porch in the back and he would like to extend it a little more. Councilor Tillotson stated that according to the Planning Department the property does not have the right setbacks as required. Mr. Cornelio stated that his property is grandfathered. There’s nothing that he or the city can do. Lee Pouliot stated that the house cannot be picked up and moved to honor the setback requirements but for any new addition such as this proposed all season porch the setback should be honored. Per Chapter 275-42 regarding corner lots, side yard setbacks for one and two family homes must be a minimum of 15’. While the existing single family home only has a side yard setback of 12’ the four season room addition must meet the 15’ setback to comply. Mr. Cornelio stated that the house already has a large hole on the side of the house to connect to the porch. Even if he puts back the porch that existed on the old house it would still be at the 12’ setback. Everything is already remodeled to fit with the proposed porch. Lee Pouliot stated that the committee could check with the Building Department on the restoration requirements. Is the porch being restored the way it was before the fire or is it an upgrade to the four season. Lee stated that he reviewed it as an upgrade which would say that it is new construction which would require the honoring of the setbacks or securing a variance from the Board of Appeals. The following recommendation was read from the Building Department: 505 Chicopee Street is located within the Business A district and abuts a Business A district to its South, Narragansett Blvd to its north and residence B district to its south. All abutting properties appear to be residential. The addition as proposed will maintain the setback from Narragansett Street and will provide more than the required rear yard setback from the property behind at 115 Narragansett Street. The Building Department has not concerns with the issuance of the special permit for this proposed addition. Lee stated that he is siting the corner lot ordinance and according to the Building Department they are siting the Business A district ordinance. Lee stated that he can reach out to the Building Department tomorrow and reach a conclusion. Public Input Neil Fahey, stated that he has concerns about the drainage from the applicant’s property that he has placed on his fence that runs into his property. 8 Motion made by Councilor Laflamme and second by Councilor Tillotson to approve pending approval of the Building Department and Planning Department. Committee vote 5 – 0 favorable. ITEM #4 Special Permit application under section 275-58 (C) (5) for the purpose of utilizing the property as a commercial space with a studio apartment located at 3 Hartford St. Applicant – CAP Holdings, LLC, Cheryl Przezdziecki, 3 Hartford St., Chicopee, MA 01020. Cheryl Przezdziecki was present at the meeting on zoom. She stated that on side of the property will be a studio apartment and one side will be an office. The property has been vacant for over a year and the potential lessee that she has spoken with ask if they can live and work in the same space. That’s why she is applying for a Special Permit. The following recommendation was read from the Planning Department: Planning recommends approval of the special permit request with the condition that a business use be maintained in the structure as the primary use. Conditions A business use be maintained in the structure as primary use. Motion made by Councilor Roy and seconded by Councilor Laflamme to approve. Committee vote 5 – 0 favorable. ITEM #5 Special Permit application under section 275-22 (C) for the purpose of expanding a non- conforming residential use on Business A zoned property located at 1570 Donohue Rd. Applicant – Anthony Wolf, 1570 Donohue Rd., Chicopee, MA 01020. Anthony Wolf and Wayne Albreight were present at the meeting. About 2 months ago he applied of a building permit and at that time was informed by the Building Department that a Special Permit is needed for this expansion because the property is zoned Business A. The plan is to add 64 SF to the existing house to be used as a dinette off the existing kitchen. Motion made by Councilor Laflamme and second by Councilor Roy to approve. Committee vote 5 – 0 favorable. 9 ITEM #6 Minutes – August 26, 2020 Motion made by Councilor Laflamme to approve. Motion passed. Meeting adjourned at 7:55 PM. 10