City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 12-15-2021 Members George Balakier, Chair James Tillotson, Vice Chair Fred Krampits Frank Laflamme Jerry Roy Stan Walczak Gary Labrie MINUTES November 17, 2021 The following are the minutes of a public hearing held Wednesday, November 17, 2021 at 6:30 PM in the Chambers, 4th floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013 and via Zoom. Members Present: Balakier, Tillotson, Krampits, Laflamme, Roy, Walczak, Labrie Also Present: Daniel Garvey (Associate City Solicitor), Scott Provost (IT), Councilor Zygarowski, Nathan Moreau (Associate Planner), Lt. Ed Gelinas, 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 Application for a Special Permit under Chapter 275-9 (L) (3) for the purpose of renewal of an existing special permit under the Mill Conversion & Commercial Overlay District located at 165 Front Street. Applicant - 4 Perkins, LLC, c/o SilverBrick, Aaron Papowitz, 1688 Meridian Avenue, Miami Beach, FL 33139 Aaron Papowitz was present at the meeting via zoom. He stated that he is requesting to renew the Special Permits granted to 165 Front Street. The delay in the project is due to rising construction costs and the project may no longer be viable. He further stated that he continues to talk to people to see if there is a path forward. He is not looking to sell but is exploring every option to have the property developed. Fire Lt. Ed Gelinas stated that an inspection of the mill by both the Fire and Building Departments determined that about 20 businesses located there are without the required certificates of occupancy. At the same time the sprinkler system is not working creating an additional hazard. Mr. Papowitz said that the company rents to businesses that need short-term space and often with month-to-month leases. It does require companies obtain occupancy certificates and was not aware some of the businesses had not acquired them. 1 When asked about security for the property, Mr. Papowitz stated that SilverBrick has hired a security company and is operating a 24 hour fire watch which has one person assigned to patrol the areas where there is no sprinklers to watch for any potential signs of fire. Public Input Eugene Wargulewski, owner of the Rivoli, stated that he has an empty lot at 165 Front Street. Reports read from the following: Fire Department (Captain Benjamin Turnberg) - I will be out of state on vacation for the week of 11/15-11/22 and unavailable to attend the scheduled Zoning Committee meeting scheduled for 11/7 at 6:30 PM. The main item on the agenda is the Special Permit for 165 Front Street the Cabotville Mills owned by the SilverBrick Group. I believe it has been requested that this be postponed to a later date as Acting Building Commissioner Frank Boron is also away on vacation that same week. Our combined participation in the Zoning Commission hearing is very important and thus, I agree with the request to postpone the hearing. I have issued several Orders of Notice since becoming aware of the existing situation and conditions within the mills-especially in buildings 2 and 3. While SilverBrick is making progress on the maintenance issues with the sprinkler system within the building the system itself remains our single biggest concern as to the overall like safety and building protection within the mills. Planning Department – It is the Planning Department’s understanding that the Building, Police, and Fire Departments wish to provide the City Council additional information regarding this property at a future meeting, therefore I recommend this item be tabled to accommodate that request. Upon hearing from the above Departments, the Planning Department recommends the following:  4 Perkins, LLC, c/o SilverBrick has applied to renew its Special Permit under the City’s Mill Conversion & Commercial Center Overlay District regulations for the conversion of the Cabotville Mill Complex into a mixed-use, housing focused project in two construction phases;  Renewal is required as the Special Permit was not acted upon within the one year timeframe requirement;  4 Perkins, LLC, c/o SilverBrick is not proposing any deviations from the previously reviewed project plans/project programs;  Planning recommends approval of the Special Permit with the following considerations for the City Council: 4 Perkins, LLC c/o SilverBrick should provide the City Council with an update on its intentions to move this project forward; If it is 4 Perkins, LLC c/o SilverBrick’s intentions to move this project forward, regular (quarterly) update reports should be provided to the City Council and Planning Department; and Any and all concerns of the Police, Fire and Building Departments be fully addressed prior to the release of the Special Permit. Motion made by Councilor Roy and second by Councilor Balakier to postpone until the December 15, 2021 Zoning Committee meeting at City Hall, Council Chambers at 6:30 PM. Committee vote 7 -0 favorable. 2 ITEM #2 Application for a Special Permit under Chapter 275-9 (L) (3) for the purpose of renewal of an existing Storage special permit under the Mill Conversion & Commercial Overlay District located at 165 Front Street. Applicant - 4 Perkins, LLC, c/o SilverBrick, Aaron Papowitz, 1688 Meridian Avenue, Miami Beach, FL 33139 Aaron Papowitz was present at the meeting via zoom. Councilor Walczak asked if SilverBrick has someone in the area that represents the business. Mr. Papowitz stated that he will provide a name to the Council. Motion made by Councilor Roy and second by Councilor Balakier to postpone until the December 15, 2021 Zoning Committee meeting at City Hall, Council Chambers at 6:30 PM. Committee vote 7 – 0 favorable. ITEM #3 Application for a Special Permit under Chapter 275-30 (B) for the purpose of the cargo box is utilized for storage material for equipment being used on new parcel of land, which has been purchased by applicant – temporary storage unit for 18 months located at 15 Nadeau Drive. Applicant - Darayus J. Gardin, 15 Nadeau Drive, Chicopee, MA 01013 Darayus Gardin and Mitchell Nadeau were present at the meeting. Mr. Gardin stated that the cargo unit is to store equipment for cleaning up the adjacent property. Mitchell Nadeau, 45 Pleasant St, Apt B, Westfield, MA secondary address lives in AZ. He stated that Mr. Gardin is his partner. In working with Lee Pouliot it has been determined that they need 10 feet of Nadeau Drive to build on the lot. Lee suggested that the applicant applies for a Special Permit through the City Council for the cargo unit to clean up the property and also to organize to build 2 single family homes and 1 duplex. Public Input Richard Marketos, 18 Nadeau Drive, wanted to clarify that the cargo unit is for an additional 18 months because it’s been there already for 18 months. This property and cargo unit is being utilized for business purposes for construction and/or landscaping. Folks come and go constantly to this property. Kathy Kaczmarczyk, 10 Nadeau Drive, stated that the cargo unit arrived 18 months ago and there is activity 7 days per week from 8 AM to 11 PM. She questioned if the applicant shouldn’t have gotten the permit for the cargo unit before it arrived. She continued that a fence has been installed and the woods have been cleared out. It’s turned into a Home Depot. Jennifer Picard, 70 Lawndale Street, stated that she sees the activity at this property from her back patio. There has been a steady accumulation. There is an unregistered vehicle. This property is zoned residential but is being used as business property. The storage container blocks the fire hydrant and she is concerned that if there was a fire on her property the fire department would not have access to the hydrant. 3 Slav Verbetsky, 30 Lawndale Street, stated that there is increased traffic because of the storage container. It is a nuisance and also he is concerned about safety. Reports read from the following departments: Planning Department – Property is zoned Residential B; vehicles or tandem trailers or wheel boxes that are utilized for the construction of buildings and are placed in a construction site temporarily and trailers which are utilized for temporary offices or sanitation stations are permissible with a Special Permit from City Council under section 275-30C. Applicant is looking to obtain Special Permit to allow for the temporary storage of a cargo box on a newly purchased parcel of land for 18 months. Planning recommends that City Council determines the specific purpose of the cargo box and Planning recommends approval of the Special Permit upon gathering more information. Building Department – Please do not grant this Special Permit that cargo box has been there for 18 months. The neighbors are not happy. They are storing construction material not related to the new parcel of land. They show up at all times of the day to pick up material out of the cargo box. Notice of Violation September 10, 2021 Gordaqfreed and Darayus Gardin 15 Nadeau Drive Chicopee, MA 01013 Dear Mr. Gardin: As Building Commissioner for the City of Chicopee, it has come to my attention that you are using your residence B property at 15 Nadeau Drive in Chicopee, Massachusetts for vehicle and equipment storage that is not accessory to the residential use. Non-accessory vehicles and equipment storage and construction services are not a permitted use under 275-53 (A). In addition, there is a storage box of the type manufactured for use for hauling or carrying materials over the highways on your property. Use of the containers for storage purposes is in violation of the Chicopee Zoning Ordinances Section 275-30. Section 275-30 of the Chicopee Code, entitled Storage of Trucks and Other Equipment states in part that: No truck, truck body, truck-towed trailer, tractor-towed trailer or other equipment manufactured for use for hauling or carrying materials over the highways shall be used for storage of any materials of any kind, whether or not said truck, truck body, truck-towed trailer, tractor-towed trailer or said other equipment is registered in accordance with MGL c. 90 or in accordance with the laws of any other state; nor shall the aforesaid be parked or stored in any place in any district for any time in excess of two weeks, unless said place is used as a truck terminal or a parking area for equipment rented to members of the general public for use on the highways. The storage of equipment not customarily incidental to the principal use is not permitted uses within the Residence A zoning district per 275-53 of the Chicopee Ordinance. 4 Please remove the storage box, vehicles, trailers, and non-accessory equipment stored on site forthwith. Please also cease and desist any business activity on the site. I request that you contact me for an inspection upon completion of the removal of trailer boxes and stored vehicles, trailers and equipment, so that I may confirm compliance with the Ordinances. I appreciate your anticipated cooperation in advance. Continued non-compliance shall cause me to take all appropriate legal action including but not limited to the levying of fines and pursuing an action in the Hampden County Housing Court. Sincerely, Carl Dietz Building Commissioner Notice of Violation 2nd Notice October 28, 2021 Signed by: Frank Boron – Assistant Building Commissioner Fire Department – No fire concerns with the container box itself. Contents are construction tools and supplies. Reports of open burning occurring over the course of past several months. Told John Tersavich not to burn anything ever. Engineering Department – Nadeau Drive is a private road on a parcel owned by #15 Nadeau Dr. No Engineering Department comments on placement of cargo box. Nathan Moreau stated that the Planning Department’s written recommendation was made prior to knowing what was being done at the property. Please refer to the Building Department. Councilor Laflamme stated that the committee should support the Building Commissioner and the box should be removed within 30 days. Councilor Tillotson stated that the original intent of the box was to store material to build the home on the property. This however is not the case. Mitch Nadeau stated that 18 months ago he didn’t know that a permit was required for the box. Councilor Walczak stated that two notices from the Building Commissioner have not been addressed by the applicant. Public Input Jennifer Picard asked if the building laws prohibit the cargo box. Councilor Laflamme stated that they are allowed only with a Special Permit. Kathy Kaczmarczyk asked what happens to the business operation on the property. 5 Motion made by Councilor Laflamme and second by Councilor Balakier to deny the Special Permit. Reasons for Denial Building and Fire Department concerns Neighborhood concerns Remove the container box within 30 days No further business activity be permitted on the property Committee vote 7 – 0 favorable. ITEM #4 Minutes – October 27, 2021 Motion made by Councilor Laflamme and second by Councilor Balakier to approve. Motion passed. Meeting adjourned at 7:30 PM. 6