City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 9-29-2021 Members George Balakier, Chair James Tillotson, Vice Chair Fred Krampits Frank Laflamme Jerry Roy Stan Walczak Gary Labrie MINUTES August 25, 2021 The following are the minutes of a public hearing held Wednesday, August 25, 2021 at 6:30 PM in the Chambers, 4th floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013 and via Zoom. Members Present: Tillotson, Krampits, Laflamme, Roy, Walczak, Labrie Member Absent: Balakier Also Present: Daniel Garvey (Associate City Solicitor), Chris Casali (IT), Lee Pouliot (Planning Director) The meeting was called to order at 6:30 PM In compliance with the Open Meeting Law the Vice-Chair asked if anyone in the audience was recording the meeting. Hearing none the meeting continued. ITEM #1 Home Occupation License application for the purpose of home kitchen located at 62 Pine St. for Elke’s Baked Goods. Applicant – Kim Bosshart-Cote, 62 Pine St., Chicopee, MA 01013 Kim Bosshart-Cote was present at the meeting. She stated that she intends to bake at her home and sell her products at Farmer’s Markets and online. There will be no customers coming to her home to purchase products. She will be delivering the products herself to the Farmer’s Markets. The orders placed online she will meet the individuals at a mutually convenient location. Councilor Laflamme stated that he is surprised that the Health Department had no comments regarding this application. Councilor Tillotson stated that a condition on the license will be for a Health Department inspection. 1 Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Conditions Application completed Workers Comp Certificate completed Tax Verification Form completed Affidavit completed Inspection by the Fire Department to be sure the house meets all fire requirements Health Department inspection to make sure that there is adequate refrigeration and required sanitation. Committee vote 6 – 0 favorable. ITEM #2 Special Permit application under section 275-27.1 (B) for the purpose of installing a wireless communication antenna and supporting equipment on an existing silo located at 340 McKinstry Ave. Applicant – Cellco Partnership d/b/a Verizon Wireless, Attorney Michael A. Fenton, authorized agent, 118 Flanders Rd., 3rd fl., Westborough, MA 01581 Attorney Ellen Freyman and Jay Latory (Radio Frequency Engineer) were present at the meeting. Attorney Freyman stated that the reason for the application is to provide better coverage for that part of the city. The following reports were read: Engineering – Proposed project does not impact the public right-of-way. This section of McKinstry Avenue is scheduled for a road resurfacing construction project Fall/2021 and Spring/2022. Please coordinate site access for Verizon project with Chicopee Engineering Department. Fire – If any of the supporting equipment involves a gas or diesel powered generator or structure storing a generator and fuel, a permit for fuel storage from the Fire Department will be needed. Lee Pouliot stated that the city has seen these projects throughout the City. As long as Building, Fire, and Engineering have no issues then Planning has no issues. Conditions Obtain all required permits from Fire Department Coordinate site access for Verizon project with Chicopee Engineering Department Motion made by Councilor Laflamme and second by Councilor Labrie to approve with conditions. Committee vote 6 – 0 favorable. 2 ITEM #3 Special Permit application under section 275-52 B 13 for the purpose of dog kennel license for 8 pet dogs located at 79 Newell St. Applicant – Marcolino Belen, Carmen Batista, 79 Newell St., Chicopee, MA 01020 Applicants were not present at the meeting. Because this item was postponed at the last meeting and there were abutters present at the meeting, the meeting continued. Public Input Beverly Como, 19 Tenney Street, stated that they live 2 houses down from this property. They are concerned about the word kennel. Concerned that it will become a business. The neighbors were unaware that you are required to get a kennel license for 3+ dogs. Health Department report read dated August 24, 2021:  Eight dogs on the premises  None of the dogs are current on their rabies vaccine  There is adequate shelter, food and space for the dogs  To my knowledge the Health Department has not received any complaints regarding this property.  Once all the dogs are current on their rabies vaccine, I will not be opposed to a kennel license being issued. The following report was read from the City Clerk’s Office: There are five dogs currently in our system located at 79 Newell Street. This information is furnished by the dog owner or a Massachusetts license veterinarian. They are as follows: Bella, Diamond, Emma, Foxy and Leila. Dogs Emma and Leila have current rabies certificates on file here in the City Clerk’s Office. Emma’s rabies certificate expires on January 9, 2023 and Leila’s rabies certificate expires on May 3, 2024. 4 dogs were not licensed in 2021 and Leila is new to our system in 2021. Councilor Labrie stated that at the last meeting the next door neighbor stated that the dogs constantly bark when she comes in and out of her home. Hanna Orenstein stated that on August 10th the TJ O’Connor Animal Control Center conducted an inspection at 79 Newell Street. The inspection showed 8 dogs. 6 have been spayed and neutered. None have rabies vaccines. The applicant was instructed to obtain rabies vaccines prior to this meeting. To date the TJ O’Connor has not received rabies certificates for the animals. The dogs were well cared for. The only concern was the lack of vet care. Councilor Labrie asked Hanna what happens if the Special Permit is not granted? Hanna replied that they could keep 3 dogs and give the others to friends or family or surrender them to the shelter. Councilor Walczak asked Hanna if she had conversations with the applicant about the issues before the committee. Hanna replied that the applicant was advised to obtain rabies certificates before this hearing. But as of yesterday no paperwork was received. 3 Councilor Krampits asked when the inspection was conducted. Hanna replied August 10th. Attorney Garvey stated that he has learned that the applicant is in the hospital in Boston. Councilor Tillotson stated that the applicant called the office and said that she is in the hospital but she has a husband and children. Lee stated that the husband told him today that he is on the way to Boston. Councilor Laflamme asked when the applicant was hospitalized. Lee replied that he did not know. Councilor Laflamme continued that TJO conducted that inspection on August 10th and today makes 15 days since the inspection. He feels bad that the applicant is in the hospital but they were given 15 days. Councilor Tillotson asked how many days does the Council have to make a decision on this special permit. Attorney Garvey replied 90 days from the first hearing. The first hearing was about 30 days ago. Councilor Labrie stated that he doesn’t see why the applicant should be given a permit for 8 dogs if the next door neighbor at the last meeting stated that there are issues. Councilor Laflamme asked the abutters present if they hear the dogs. They replied that they hear the dogs but the next door neighbor cannot sit on her deck because the dogs bark continually. Councilor Labrie stated that at the last meeting he asked the applicant if a dog was to pass away would they replace the dog and the applicant replied that they would replace the dog. Motion made by Councilor Labrie and second by Councilor Tillotson to deny. Reasons for Denial Neighborhood objections Lack of proper licenses Lack of rabies vaccine for all animals Committee vote 6 – 0 favorable to deny ITEM #4 Minutes – July 28, 2021 Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Motion passed. Meeting adjourned at 7:15 PM. 4