City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 11-18-2020 Members George Balakier, Chair James Tillotson, Vice Chair Fred Krampits Frank Laflamme Jerry Roy Stan Walczak Gary Labrie MINUTES October 28, 2020 The following are the minutes of a public hearing held Wednesday, October 28, 2020 at 6:30 PM in the Council Chambers, City Hall Annex, 274 Front Street, Chicopee, MA 01013 and on Zoom. Members Present: Balakier, Tillotson, Krampits, Laflamme, Roy, Walczak, Labrie Also Present: Lee Pouliot (Planning Director), Jerry Rivera (IT) 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 275-52 B (11) for the purpose of producing specialty jams and jellies for retail and wholesale (production only) located at 18 Curtis Street. Applicant – Ruth N. Adams, 18 Curtis St., Chicopee, MA 01013. Ruth Adams was present at the meeting. She stated that she used to have a certified kitchen in Greenfield and now she bought a home in Chicopee and would like to transfer her food certification to Chicopee. She continued that she purchases her own supplies, produces artisan jams and jellies, sells her products at craft fairs and farmers markets. She delivers her own products. There will be disturbance to the quiet street. She will have no employees. She does not sell out of her home and no customers will come to her home. There will be minimal delivery trucks to her property with an occasional UPS/FedEx truck delivering her jars. Councilor Tillotson stated that the Health and Fire Department need to conduct inspections. 1 Councilor Walczak asked what a certified kitchen entails. Ms. Adams stated that inspections are conducted and she received a Serve Safe Certificate. Councilor Walczak also asked how long Ms. Adams has been making jellies. Ms. Adams replied that she has been operating a business for the past 2 years. Reports read from the following: Health Department None, must be approved for other required licenses before operation. Fire Department House recently passed smoke detector inspection – June 2020. Applicant states she has a fire extinguisher – June 2020. Schedule inspection with Health Department and Fire Department can also attend to conduct general safety inspection. Engineering Department No Engineering comments Building Department 18 Curtis Street is located within a Residence A zoning district. The proposed use to make jams and jellies for sale off premises or through a virtual sales platform seems to be in line with the purpose of the Home Occupancy License. The Building Department has no concerns with the issuance of a Home Occupancy license for this use. Conditions Health and Fire Departments conduct inspection No employees be hired Permit runs with the applicant. Motion made by Councilor Laflamme and second by Councilor Roy to approve with conditions. Committee vote 7 – 0 favorable. ITEM #2 Special Permit application under Chapter 275-58 C (5) for the purpose of adding a second residential unit within a business building. A previous special permit allowed for one residential unit located at 104 Lauzier Terrace. Applicant – Rui & Fatima Mendes, 190 Southwood Dr., Ludlow, MA 01056. Rui & Fatima Mendes were present at the meeting. Mr. Mendes stated that they would like to add a 2nd apartment to the business building. There is still room in the structure for a 2nd apartment. He also stated that he has a pending building permit for the 1st apartment that was granted earlier this year. Public Input Diane Roberts, 80 Lauzier Terrace, stated that the street has small cape style homes which are all single family. She continued that she does not want to add rentals to the street. She would like to neighborhood to remain as is. She also stated that Wendy’s in on Memorial Drive not on Lauzier Terrace. 2 David Williamson, 80 Lauzier Terrace, stated that he does not want to see the street become multi-family. He continued that he does not see how you will be able to fit 2 apartments in the structure. Betty Shrewsbury, 72 Lauzier Terrace, stated that her home has the same floor plan as 104 Lauzier Terrace. She doesn’t see how 2 apartments and a salon will fit in the structure. She continued that she does not want rental properties on the street. It’s a quiet neighborhood. Bruce Cierpial, 96 Lauzier Terrace, stated that he opposes this Special Permit request. 104 Lauzier Terrace was a barber shop and salon in the past but the business owner lived on the property. The street has single family homes. This proposal is not a proper fit for the neighborhood. He also stated that additional noise should not be added to the neighborhood. James Dolan, 95 Lauzier Terrace, stated that he is in opposition of the Special Permit. The previous shop owner lived in the house and ran the business. The street has single family homes. This proposal is not a proper fit for the neighborhood. Ralph Shrewsbury, 72 Lauzier Terrace, stated that it’s mostly Veterans that live on the street and they all keep their properties maintained. Reports read from the following departments: Fire Department Applicant must submit detailed plans and drawings to Building Department in order to obtain permit. Plan must show fire protection plan and detector locations in accordance with MGL Chapter 148, 527 CMR 1.00 Ch 13 and NFPA 72. Building Department 104 Lauzier Terrace is zoned Business A, and up to 4 dwelling units are permitted within a business building with a Special Permit. The property abuts residential property within the Residence A zone which is primarily comprised of single family dwellings. A determination will need to be made that a second dwelling unit in addition to the ongoing business will not have a negative effect on the neighborhood. The renovation will likely require the services of an architect or other design professional, as the structure will not be able to be renovated under the Massachusetts Residential Building code. Engineering Department No Engineering comments Planning Department Property is zoned Business A; up to four dwelling units in a business building require a Special Permit under 275-58 C 5. Applicant is looking to obtain a Special Permit to utilize this property as a business space with two residential units. A previous Special Permit allowed for the creation of one residential unit. Planning recommends approval of the special permit with the condition that a business use be maintained in the structure as the primary use, and that any Building Department concerns be addressed. Fatima Mendes stated that her property is zoned business and abuts business property. Wendy’s is next door, Dunkin Donuts is to her rear, and jeweler and salon across the street. Councilor Walczak stated that last month a similar application was heard for property in the Fairview section of the City and it was approved for only one apartment. 3 Councilor Labrie stated that the neighborhood came out and voiced their opinions and he has to respect that. Motion made by Councilor Laflamme and second by Councilor Balakier to deny. Committee vote 7 – 0 favorable to deny. Reasons for Denial Special Permit – 104 Lauzier Terrace The Committee concluded that the applicant failed to meet the following Performance Standards as defined in Chapter 275-9 M as follows: 1. The applicant’s plan is not in conformance of the plan/proposal to zoning ordinances, other applicable requirements of the Chicopee City Code and all other applicable regulations. 2. The applicant’s plan is not compatible with existing uses and other uses permitted by right in the same zoning district. 3. The applicant’s plan has the potential for creating a nuisance due to air and water pollution, flood, noise, dust, vibration, lights or visually offensive structures and accessories. 4. The applicant’s plan has the potential for creating a substantial inconvenience or hazard to abutters, vehicles or pedestrians. 5. The applicant’s plan has the potential of creating a negative appearance of building, accessory uses and grounds and compatibility with the appearance of the neighborhood. This includes scale, building materials, architectural style, and landscaping. 6. The proposal is not in general harmony with the purpose and intent of the Zoning Ordinance. 7. Comments made by the City of Chicopee Building Commissioner as detailed in a report to the City Council received September 25, 2020. ITEM #3 Minutes – September 30, 2020 Motion made by Councilor Laflamme and second by Councilor Balakier to approve. Motion passed. Meeting adjourned at 7:15 PM. 4