City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 7-26-2023 Members George Balakier, Chair William Courchesne, Vice Chair Mary Beth Pniak-Costello Joel McAuliffe Delmarina López Robert J. Zygarowski Gary Labrie MINUTES June 7, 2023 The following are the minutes of a public hearing held Wednesday, June 7, 2023 at 6:30 PM in the Chambers, 4th floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013 and via Zoom. Members Present: Balakier, Courchesne, Pniak-Costello, López, Zygarowski, Labrie Absent: McAuliffe Also Present: Daniel Garvey (Associate City Solicitor), Timothy Reilly (Associate City Solicitor), Councilor Laflamme, Patrick Collins (Assistant Planning Director), Lee Pouliot (Planning Director), Councilor Dobosz, Councilor Krampits, Shawn Lynch (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. Here none the meeting continued. Motion made by Councilor Courchesne and seconded by Councilor Balakier to take item #6 out of order. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X 1 Motion passed. Item #6 Ordinance Amendment to Chapter 275-66A Burnett Road. Delete Chapter 275-66 A in its entirety And insert in place thereof 275-66 A Burnett Road A. No further business, commercial or industrial development shall occur on Burnet Road from the Ludlow/Chicopee line to the intersection of New Lombard Road and Burnett Road and any appurtenant street for a period of one year commencing on April 1, 2023, and terminating on April 1, 2024, except by special permit. Councilor Balakier read the recommendation from the Planning Board regarding this item. The Planning Board voted 6 – 0 unfavorably. Lee Pouliot explained that Massachusetts zoning allows municipalities to develop zoning ordinances that are termed zoning moratoriums. They are meant to be temporary pauses in development so that communities can address emergency situations with new regulations in a specified period of time. He explained that the Planning Staff and Planning Board are not opposed to the use of more tools. They are opposed to a permanent ban. The Burnett Road mortarium is specific to addressing the negative impact of increasing traffic. This moratorium has been in place for 24 years. He stated that the City cannot have a permanent ban on development of by right uses. He presented the committee with the map below showing the parcels effected by this proposed ordinance. There are 460 parcels that either front on Burnett Road or connect to Burnett Road. If the residential parcels are deleted than there are 42 parcels impacted by this ordinance. Majority of those parcels are already developed or are not developable. Lee stated that if the issue is traffic then money should be spent on enforcement and street design versus adding this extra question in a by right use. 2 Councilor Balakier asked if anyone is present for public input on this issue. Motion made by Councilor Labrie and seconded by Councilor Balakier to close public input. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. Councilor Dobosz stated that this ordinance allows the Council to negotiate with developers. He is not looking to block development. He’s just looking for a tool to make it safer for the residents. Attorney Garvey stated that if the City is challenged because of this ordinance the Law Department will defend the City. 3 Councilor Labrie asked if the moratorium is a deterrent for potential development. Lee Pouliot stated that developers are really looking for project sites where they have a streamlined understanding of the permitting process. In the development world time is money. Lee Pouliot stated that Burnett Road is designed as a highway. Drivers need to be forced to slow down. Councilor López stated that she would like the opportunity to negotiate with a developer such as the Council recently saw with the Tesla project on Burnett Road. Councilor Pniak-Costello stated that she has a constituent in her ward that has been very vocal at meetings concerning traffic and redesigning streets. Motion made by Councilor López and seconded by Councilor Balakier to approve. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier x Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion defeated. Motion made by Councilor Courchesne and seconded by Councilor Balakier to return to the regular order of business. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. Item #1 Home Occupation application at 45 Marion Street for the purpose of doing business in the capacity of growing microgreens in the vicinity to sell at farmer’s market. 4 Applicant – Jerrico Rosa, 45 Marion Street, Chicopee, MA 01013. Jerrico Rosa was present at the meeting. He stated that he would like a Home Occupation License to grow microgreens which are young vegetables and are very healthy. He starts from non-GMO seeds and are grown indoors. He has been selling at the Northampton Farmers Market and would like to sell at the Chicopee Farmers Market. Councilor Balakier read a letter from the property owner stating that he provides permission for Mr. Rosa to run this Home Occupancy Permit from his apartment. Reports read from the following: Engineering – No engineering comments Planning – Applicant is requesting a home occupation license. Property is zoned Residential A; Home Occupation use in this District may be granted through a special permit by the City Council under 275- 52(B)(11). Please note, this application is not complete as stamped plans were not received by the Planning Department prior to submission. Planning cannot determine how the proposed microgreens growing will occur within the residential structure and defers review to Health, Building and Fire. Fire – Need more informational plans for microgreen grow operation- size, location in the house, lighting as well as current fire detection system in the house. Building – The yard is small will the growing be done inside the house? Councilor Balakier asked if anyone is present for public input on this application. Motion made by Councilor López and seconded by Councilor Balakier to close public input. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. The following letter was read into record: Hello, I am a resident of Chicopee at 24 Marion St. I am unable to participate live at the zoning meeting on June 7. But if possible, I would like to provide now a very simple written support of the Home Occupation proposal for Jerrico Rosa, 45 Marion St. 5 I believe that support of local farming initiatives and small business is one of many important factors in making Chicopee a good place to live. I wholeheartedly support our neighbor Jerrico Rosa in this proposal. I think it’s an excellent use of property on our street. I wish him the best in his endeavors and hope the zoning commission will grant the request. Thank you, Steven Wilco Owner/Resident of 24 Marion St., Chicopee Restrictions Satisfactory inspection of unit from Health, Building, and Fire Motion made by Councilor López and seconded by Councilor Balakier to approve with restrictions. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. Item #2 Home Occupation application at 413 East Main Street for the purpose of doing dog grooming. Applicant – Marissa Lachandani, 413 East Main Street, Chicopee, MA 01020. Marissa Lachandani was present at the meeting. She stated that she would like to open a dog grooming business from her home. She has been a dog groomer for the past 14 years. She owns her home at 413 East Main Street. She intends to have about 5 or 6 dogs per day 4 times per week. It takes about 1 to 2 hours to groom a dog. She would like to operate between 8 AM to 5 PM. Reports read from the following departments: Fire – No issues Engineering – No engineering comments Planning – Applicant is requesting a home occupation license. Property is zoned Residential A; Home occupation use in this district may be granted through a special permit by the City Council under 275- 52(B)(11). Planning recommends that the special permit and home occupation license be approved on the condition that Building Department, Fire Department, and Health Department inspect the premises and approve. Building – None Councilor Balakier asked if anyone is present for public input on this application. 6 Motion made by Councilor López and seconded by Councilor Balakier to close public input. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. Restrictions Building, Fire, and Health Department inspect the premises and approve operation of business. Motion made by Councilor López and seconded by Councilor Balakier to approve with restrictions. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. Item #3 Home Occupation application at 13 Mary Street, Apt. 2 for the purpose of doing a home-based bakery. Applicant – Morgan Gillan, 13 Mary St., Apt. 2, Chicopee, MA 01020. The following letter was read from the applicant: To whom it may concern, My name is Morgan Gillan and I recently got a letter in the mail about my home occupancy license meeting date. Unfortunately, my landlord has withdrawn his permission for me to do the bakery in the apartment so I would like to withdraw my application. Thank you so much for your time. Sincerely, Morgan Gillan 7 Motion made by Councilor López and seconded by Councilor Balakier to withdraw the application. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. Item #4 Ordinance Amendment to delete Sections 275-41 Home Occupation, 275-52(B)(11), 275-53(B)(12) and 275-54 (B)(1)(i) and insert section 188-22 Home Occupation License. DELETE: § 275-41 Home occupation. § 275-52(B)(11) § 275-53 (B)(12) § 275-54 (B)(1)(i) INSERT: § 188-22 HOME OCCUPATION LICENSE. (1) A special license from the City Council is required for a home occupation. Special license requests require immediate abutter notification, legal advertisement, a public hearing, a fee as set by the City Council[ and yearly renewal. Applications may be obtained and filed in the City Clerk's office. (2) The procedure for obtaining a home occupation special license is as follows: (a) Obtain an application from the City Clerk's office. (b) Submit the completed application together with the required fee and a copy of the Assessor's Map to the City Clerk's office. (c) A hearing will be held by the License Committee of the City Council on the application for the special license in accordance with this chapter. (d) The City Council will thereafter upon approval of the License Committee's action vote to issue the special license. (e) Once this special license is granted, a certificate of occupancy must be obtained from the Building Inspection Department and a copy forwarded to the Board of Assessors. (f) All home occupation special licenses shall expire on April 30th of each year, unless revoked. Any applications for renewal of the home occupation special license may be made in the month of April and shall take effect on May 1 next ensuing. 8  (g) If a nonowner of the property is the applicant, permission must be obtained, in writing, and submitted with the application. (h) The City Council may in its discretion grant a waiver to allow one employee who is not a member of the family if there is a specific finding by the City Council that the waiver will not cause any undue hardship to the neighborhood nor disrupt the residential nature of the residence. (3) Records. The Building Commissioner shall be responsible for maintaining records of home occupations. If a special license for a home occupation has expired and the holder of such license has not received a renewal of the license from the City Council, the Building Commissioner shall forthwith notify the license holder that the license has expired, and the operation of the home occupation must cease within five days, and the holder must renew his license through the License Committee of the City Council. (4) Performance Standards. A special license for home occupation may be granted only if all of the following performance standards are met: (a) No alteration of the principal building shall be made which changes the character as a dwelling. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations. (b) No use shall create noise, dust, vibration, odor, smoke, glare, electrical interference, health hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential dwelling. (c) Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation. It shall not exceed two square feet in area, shall be nonilluminated and attached flat to the main structure, visible through a window or posted in front of the building with a maximum height of four feet. The limitation to one nameplate is intended to apply to all lots, including corner lots. (d) No traffic shall be generated in greater volume than would normally be expected in a residential neighborhood. The activity involved shall not assume a commercial or public character or constitute a health or safety hazard to the neighborhood. (e) The use shall be clearly incidental and secondary to the dwelling and dwelling purposes and shall not change the character of use as a dwelling. 9  (f) There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation. (g) The total area used for the home occupation shall not exceed 1/2 the floor area of the user's living unit. (h) A home occupation, including studios or rooms for instruction, shall provide off-street parking area adequate to accommodate needs created by the home occupation. (i) Any other conditions which the Council shall impose relating to the health, safety and welfare of abutting property owners. (5) Special Conditions. The City Council may impose special conditions upon a home occupation to ensure that the business is conducted in a manner which is compatible with the surrounding neighborhood. Such conditions may include but shall not be limited to the following: (a) A requirement for fencing and/or screening of the subject property from neighboring residences. (b) A limitation on the number of vehicles related to the occupation which may be stored on the premises or parked on an adjacent right-of-way. (c) A restriction on the hours of operation for the home occupation. (d) A requirement that the permit be renewed after a designated period of time. (e) Any other conditions which the City Council shall impose relating to the health, safety and welfare of abutting property owners. (6) Grounds for Revocation. Failure to meet the definition in this Section and/or any of the performance standards outlined in this Section or any condition imposed by the City Council in accordance with the Section shall be grounds for denial of a special license for home occupation or for revoking such a special license if one has already been granted. (7) Enforcement The City Building Inspector shall have the authority and responsibility to investigate and enforce issues of unlicensed home occupations. The Building Inspector, given a question as to whether a hobby or a home occupation is involved, will make the initial determination and will notify the 10  parties. If a home occupation is determined, the party involved will be given 60 days to obtain a license or to cease and desist. The determination by the Building Inspector may be appealed as provided for herein. A “hobby” is normally a pastime that is engaged in for pleasure as opposed to profit. Any individual found to be in violation of the Home Occupation Ordinance will be subject to fines up to $25 per day for each violation after a determination has been made. Lee Pouliot stated that this will streamline the process and it belongs in the License Committee. Councilor Laflamme stated that he is pleased to see that tenants are required to obtain permission from the property owner before applying for a Home Occupation License. Councilor Balakier stated that the Planning Board voted favorably 6-0. Motion made by Councilor López and seconded by Councilor Balakier to approve. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. Item #5 Ordinance Amendment to Chapter 275-9 to add new language to Chapter 275-9 end of section 275-9(F) Chapter 275-9 Add to the end of § 275-9 (F) Notwithstanding anything to the contrary, a special permit granted under Chapter 275 Section 67 (Mill Conversion and Commercial Center Overlay District) shall lapse in a period of three years, including such time required to pursue or wait termination of any appeal from the grant, if a substantial use has not sooner commenced, except for good cause or, in the case of a permit for construction, if construction has not begun by such date, except for good cause. Following such lapse, the rights for the special permit may be reestablished only after a notice and a new hearing, as specified in § 275-10, have been undertaken. Councilor Balakier read the Planning Board recommendation which was 6 – 0 favorable. 11 Lee Pouliot stated that all Special Permits in Chicopee expire if not utilized in one year from the date granted. State law allows a minimum of one year and a maximum of 3 years life span. The Council has seen numerous projects permitted through Mill Conversion Overlay District for renewals in the past few years. The renewals are necessary because of the competitiveness of financing programs. The developers need to be permitted at the local level to be able to compete for funding programs. This ordinance would allow the developer to concentrate on the funding instead of worrying about coming before the Council every year to renew the Special Permit. Councilor Balakier asked if anyone is present for public input on this application. Motion made by Councilor López and seconded by Councilor Balakier to close public input. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. Councilor López stated that she is not in favor of changing the language to three years. Three years is too long. This feels less transparent. She stated that the developer can come in every year to renew. Councilor Pniak-Costello stated that she agrees with Councilor López. The situation can change in a three-year time span. Lee Pouliot stated that if new issues come up after the Council approves a project and the Council decides upon renewal of the special permit to dramatically change the project that could also kick one of these projects out of where they are in line for funding. These funding projects are multistep and it is a complicated application process. Motion made by Councilor López and seconded by Councilor Balakier to amend to read as follows: Add to the end of § 275-9 (F) Notwithstanding anything to the contrary, a special permit granted under Chapter 275 Section 67 (Mill Conversion and Commercial Center Overlay District) shall lapse in a period of one to three years as determined by the City Council, including such time required to pursue or wait termination of any appeal from the grant, if 12 a substantial use has not sooner commenced, except for good cause or, in the case of a permit for construction, if construction has not begun by such date, except for good cause. Following such lapse, the rights for the special permit may be reestablished only after a notice and a new hearing, as specified in § 275-10, have been undertaken. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. Motion made by Councilor López and seconded by Councilor Balakier to approve. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. Item #7 Adjournment Motion made by Councilor López and seconded by Councilor Balakier to adjourn at 8:25 PM. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X 13  López X Zygarowski X Labrie X Motion passed. 14