City Council - Zoning Committee

City of Chicopee City Council Zoning Committee APPROVED 1-27-2021 Members George Balakier, Chair James Tillotson, Vice Chair Fred Krampits Frank Laflamme Jerry Roy Stan Walczak Gary Labrie MINUTES November 18, 2020 The following are the minutes of a public hearing held Wednesday, November 18, 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 (zoom), Krampits, Laflamme, Roy, Walczak, Labrie Also Present: Jerry Rivera (IT), Daniel Garvey (Associate City Solicitor), Councilor Zygarowski The meeting was called to order at 6:30 PM Motion made by Councilor Krampits and second by Councilor Balakier to postpone to the call of the chair. There were technical issues with zoom. Motion passed. Meeting reconvened at 7:14 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 section 275-72 for the purpose of amending existing special permit by requesting a waiver from provision E (1) of the adult use cannabis ordinance to allow for a drive-up fulfillment window at the existing facility located at 672A Fuller Road. Applicant – Theory Wellness, Inc., Brandon Pollock, 38 Montvale Ave, #210, Stoneham, MA 02180 Present at the meeting on zoom were the following: Brandon Pollock and Scot Lee from Theory Wellness and Austin Turner from Bohler. Theory Wellness is seeking a waiver from provision E(1) in the adult use cannabis-zoning ordinance which prohibits drive through service. Theory wishes to operate a drive-up fulfillment window that would allow our customers to pay for and receive their orders in a contactless way. The Cannabis Control Commission has 1 encouraged cannabis dispensaries to implement curbside and other similar low contact systems to reduce the risk of transmission of the Coronavirus. This pickup window would allow Theory to achieve that goal. The single drive-up window would be located at the northwest of the existing building in order to facilitate this contactless system. The lane is proposed to be 12 feet wide and the existing drive aisles for vehicles circulating the site and utilizing the parking area will be maintained. All orders would have to placed online through our website ahead of time, so that a customer would simply arrive, have their identification verified at the window, pay for their order, and receive their order. This would not operate like a fast food drive through window where customers place orders while in line in their cars. We would only allow customers to use this service whom have pre-ordered through the website. Scot Lee stated that Theory Wellness met with Lt. Davis numerous times to review security measures. The facility will have 24/7 video monitoring. Security personnel outside could control traffic flow if needed. Snow will be removed off premise. The following SPRAC comments were read: Departmental (SPRAC) Comments Submitted to the Planning Department for Site Plan associated with Special Permit File # 20-6608 “Theory Wellness, Inc.” October 29, 2020 Planning Department: 1. The Planning Department has no issues with the proposed drive-up fulfillment window as proposed. Engineering Department: 2. A painted lane for the pickup window has been proposed. This striping should extend to at least even with the north end of the building. This would serve to keep vehicles tight to the building in the northwest corner, maintaining clearance for vehicles to drive around the building while vehicles are cued for the pickup window. Adequate clearance for vehicles to pass the pickup window line and exit the site must be maintained at all times. Fire Department: 3. Manager advised the Fire Department this drive through is not like a typical restaurant drive through where you pull-up and stop to place an order and then drive forward to pay and collect your food. Rather this is a pre-order drive through; cars will only be picking up products and not placing orders while in line; this should greatly reduce the wait time and therefore the number of cars in line at any one time. 4. Customer parking on the right side of the building may conflict with the flow of cars proceeding to the drive through line or that are stuck in line if it should grow to a large number of vehicles. Water Department: 5. All materials are subject to our approval and should meet Water Department Specifications as outlined in our “Construction Standards and Materials Specifications.” i.e. Water Mains shall be class 52 ductile iron. All materials shall be new and of the type currently being used by the Chicopee Water Department. 2  6. All water gate and service valves are only operated by Chicopee Water Department personnel. 7. Any service boxes or gate valves must not be paved over. Any concerns please contact the Chicopee Water Department. 8. Chicopee Water Department is a not a member of Dig Safe and must be called separately 1-413-594-3420. Water Pollution Control: 9. No comments regarding this project. Police Department: 10. No comments submitted Building Department: 11. No comments submitted Health Department: 12. No comments submitted Conservation Commission: 13. There are no Conservation issues associated with this property. Chicopee Electric Light: 14. No comments submitted Commission for the Disabled: 15. No Comments submitted CONDITIONS: 1. Permit to run with the applicant 2. Fulfillment via the drive up window shall be by appointment only and shall be prepaid 3. Scheduled pickups shall not exceed 30 per hour 4. Applicant shall comply with all comments and requirements as detailed on the attached SPRAC report dated October 29, 2020 Departmental (SPRAC) Comments Submitted to the Planning Department for Site Plan associated with Special Permit File # 20-6608 “Theory Wellness, Inc.” October 29, 2020 Planning Department: 1. The Planning Department has no issues with the proposed drive-up fulfillment window as proposed. 3 Engineering Department: 2. A painted lane for the pickup window has been proposed. This striping should extend to at least even with the north end of the building. This would serve to keep vehicles tight to the building in the northwest corner, maintaining clearance for vehicles to drive around the building while vehicles are cued for the pickup window. Adequate clearance for vehicles to pass the pickup window line and exit the site must be maintained at all times. Fire Department: 3. Manager advised the Fire Department this drive through is not like a typical restaurant drive through where you pull-up and stop to place an order and then drive forward to pay and collect your food. Rather this is a pre-order drive through; cars will only be picking up products and not placing orders while in line; this should greatly reduce the wait time and therefore the number of cars in line at any one time. 4. Customer parking on the right side of the building may conflict with the flow of cars proceeding to the drive through line or that are stuck in line if it should grow to a large number of vehicles. Water Department: 5. All materials are subject to our approval and should meet Water Department Specifications as outlined in our “Construction Standards and Materials Specifications.” i.e. Water Mains shall be class 52 ductile iron. All materials shall be new and of the type currently being used by the Chicopee Water Department. 6. All water gate and service valves are only operated by Chicopee Water Department personnel. 7. Any service boxes or gate valves must not be paved over. Any concerns please contact the Chicopee Water Department. 8. Chicopee Water Department is a not a member of Dig Safe and must be called separately 1-413-594-3420. Water Pollution Control: 9. No comments regarding this project. Police Department: 10. No comments submitted Building Department: 11. No comments submitted Health Department: 12. No comments submitted Conservation Commission: 13. There are no Conservation issues associated with this property. Chicopee Electric Light: 14. No comments submitted 4 Commission for the Disabled: 15. No Comments submitted Motion made by Councilor Roy and second by Councilor Krampits to approve with conditions. Committee vote 7 – 0 favorable. Councilor Tillotson voice vote on zoom. ITEM #2 Special Permit application under 275-53 (C) (6) for the purpose of waiving the dimensional requirements to construct a residential single family home. Specifically a reduction in frontage from 75” to approximately 55.78” located at 0 Montgomery St. (Parcel ID 230-14). Applicant – Sergey Savonin, 21 West School St., West Springfield, MA 01089 Present at the meeting were Sergey Savonin and his representative James Ferrera. Mr. Ferrera stated that the application before the committee is for a Special Permit but it has been brought to their attention on Monday that some action was taken in the past for this property with regards to a Special Permit and a Zone Change. It seems as though the Zoning was very changed on that property; even though they were notified by the Planning Department and the GIS system online that it was changed. It reflects Residential B when currently it is a split zone (Business A in the front and Residential B in the back). The property is unique and is not conducive to the neighborhood. He continued that in the past it was supported by the Planning Department to change it to Residence B zone to match the existing footprint of the neighborhood. They learned of this issue on Monday and have subsequently filed an application for a Zone Change this afternoon. They would then like to come back to this committee to discuss the Special Permit. Mr. Ferrera asked the committee to keep this Special Permit in committee until the Zone Change hearing. Attorney Garvey stated that that request is an option but a letter from the applicant waiving the 90 day decision would need to be submitted. Councilor Labrie asked Attorney Garvey the other option available. Attorney Garvey replied that the committee could vote the Special Permit application up or down. If the committee votes it up then it would have to be contingent upon the application securing a Zone Change. Another option is to table this Special Permit with a letter from the applicant extending the 90 day decision. If the Special Permit is denied then the applicant is prohibited from reapplying for 2 years unless there are significant changes to the proposal. Councilor Tillotson suggested that the applicant submit a letter asking to withdraw the application. Let the applicant file for a Zone Change. If granted, then the applicant could submit a Special Permit application. Public Input Robert Kelley, 13 Wells Avenue, stated that the last time the applicant was before the Council the Zone Change was denied. Attorney Garvey stated that the applicant did apply for a zone change for a duplex in 2017 and was denied. By right he may reapply after 2 years, which he is doing now. 5 Robert Kelley continued that the reasons why the previous zone change was denied was because the intersection is dangerous. This intersection is still dangerous. To put families in a house in this area is an issue. The second issue brought up was the merits of the developer. There was dispute in the past over who the actual owner was. The impression of developers as neighbors was brought up. The first thing the developer did was take the single family house and turned it into a duplex with separate entrances. Then the apartments were rented out to different people. This causes a lot of strain on the neighborhood. The area is owner occupied and the tenants in the duplex were not consistent. The developer is trying to maximize on profit which he has a right to do. But unfortunately, they bought a property that does not allow for the things that they want to do with it. James Ferrera stated that MS Homes only owns 0 Montgomery Street. They do not own other homes in the area. The previous proposal was for a duplex. This proposal is for a single family home that will be built and sold. He provided a signed petition by the immediate abutters in support of MS Homes. James Ferrera stated that they would not be opposed to withdrawing the Special Permit until a Zone Change is granted. Councilor Labrie stated that this is the third time that this applicant has been before the Council for this parcel. The reports come in from Building, Fire and Engineering and no one loves this area. It’s located directly on a difficult intersection to navigate. It’s difficult to see a house being built. Neighbors have called Councilor Labrie stating their concern with children moving into the new proposed house and trying to cross the road to get to the mini park on Sheridan Street. Councilor Labrie stated that will is not in favor of a zone change for this parcel. James Ferrera stated that Engineering and DPW approved a curb cut for this property. He continued that Sergey Savonin held off further development of the property until the city had completed their reconstruction plan. Councilor Labrie stated that for the record the road project at this intersection was a state project not a city project. Councilor Walczak stated that he wants to make sure that Building, Fire, and Engineering have an opportunity to review the project. Councilor Zygarowski stated that this is a disastrous intersection. James Ferrera submitted a letter from 2014 from Robert Kelley supporting the rezoning of 0 Montgomery Street. Public Input Robert Kelley, when 49 Montgomery Street was turned into a duplex it was owned by MS Homes. After the home was hit by a car it was sold. The following letter was read from Lee Pouliot, Planning Director. November 13, 2020 Councilor Balakier, The Planning Department had previously communicated to the Applicant that this parcel was zoned Residential B. However, upon review of the zone change materials dated September 8, 2017, the documents indicate that 6 the City Council did not approve a zone change request from Business A to Residential B for a portion of the property. I believe an error in communication between the City Clerk’s Office and the Planning Department resulted in the GIS data being incorrectly updated. The parcel remains split-zoned (Residential B and Business A). Prior to this Special Permit being considered, the Applicant will need to apply for a secure a zone change for the Business A portion of the property to Residential B. I apologize for the confusion this data error has caused, if you have any questions please feel free to contact me at any time. With regards, Lee Pouliot, AICP, ASLA Director Reports read from the following: Fire Department – The only concern appears to be traffic congestion where the driveway and traffic light meet. All four sides of house must be accessible by fire crews. Engineering Department – Plan does not reflect the new road layout of Montgomery Street. Concern that the driveway is too close to the intersection, will only be able to take a right turn out of it (there is an island in the road). Location of utilities is not correctly reflected on the plan. Concern that the pitch of the driveway and the property will shed surface water run off onto neighboring properties. Motion made by Councilor Labrie and second by Councilor Balakier to deny. James Ferrera stated that his client will withdraw the application. Motion made by Councilor Labrie and second by Councilor Balakier to withdraw the original motion. Motion made by Councilor Tillotson and second by Councilor Balakier to withdraw the Special Permit application and the applicant send the withdraw letter to City Council. Committee vote 7 – 0 favorable to withdraw. ITEM #3 Minutes – October 28, 2020 – Motion made by Councilor Laflamme to approve. Motion passed. Meeting adjourned at 8:19 PM. 7