City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 8-30-2023 Members George Balakier, Chair William Courchesne, Vice Chair Mary Beth Pniak-Costello Joel McAuliffe Delmarina López Robert J. Zygarowski Gary Labrie MINUTES July 26, 2023 The following are the minutes of a public hearing held Wednesday, July 26, 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: Timothy Reilly (Associate City Solicitor), Councilor Laflamme (via zoom), Patrick Collins (Assistant Planning Director), Lee Pouliot (Planning Director), 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. ITEM #1 Special Permit application under Chapter 275-58 (c4) for the purpose of an eating and drinking place with the consumption of alcohol located at 420-424 Front Street. Applicant – Navjot Singh, 565 Main Street, Indian Orchard, MA 01151. Attorney Joe White and Navjot Singh were present at the meeting. Attorney White stated that the applicant plans to run the business in the same manner as it has been run. Reports read from the following departments: Engineering – No comments 1 Health – If they have not done so already, new owner must fill out a food establishment application with the Health Department. Fire – No issues Planning & Development – Property is zoned Business A; Applicant is looking to obtain a Special Permit for the transfer of a liquor license to operate an eating and drinking place with the consumption of alcohol; Proposed use is allowed by Special Permit under 275-58 (C)(4): Eating and drinking places with the consumption of alcohol, with our without live entertainment; Property has been historically allowed and permitted to operate under these conditions; and Planning recommends approval of the Special Permit. Councilor Balakier asked if anyone from the public would like to speak. Hearing none… Motion made by Councilor Zygarowski 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. Conditions Permit to run with the applicant Owner must fill out a Food Establishment application with the Health Department prior to the Council meeting on August 1, 2023 Motion made by Councilor López and seconded by Councilor Balakier to approve with conditions. 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. 2 ITEM #2 Special Permit application under Chapter 275-30 (B) for the purpose of revising the existing dumpster location, adjusting the existing fence, and locating a conex storage box in the dumpster area located at 7 Rivermills Drive. Applicant – David Spada, Managing Member, 1 Wildflower Lane, Weston, MA 02493. Rodney Denman, HallKeen Assisted Living/River Mills Assisted Living, was present at the meeting. He stated that David Spada is recovering from surgery. Mr. Denman stated that the proposal is to modify the dumpster area so as to accommodate a storage container that during the construction of the community the permitting process was misunderstood and they were looking to correct that process as they have been hopefully advised as to how to approach that permit to appropriately accommodate the storage container and to adjust the fence so that all meets code. Reports read from the following departments: Fire – this pre-existing conex storage box should be denied as there is not the required minimum of 10 ft of space between the building and the box. The existing topography cannot support a different location for the conex storage box. This was installed without a permit from the building department or consult with the fire department. Engineering – no engineering comments Building – none Planning & Development – Property is zoned Industrial, Residential A, and is within the Mill Conversion & Commercial Center Overlay District. Applicant is looking to relocate dumpster, adjust existing fence, and locate a conex storage container in the dumpster’s previous location. Conex storage box is considered a truck or tractor towed trailer manufactured for the “use of hauling or carrying materials over the highways” which is impermissible except with a Special Permit from City Council under section 275-30 (B): The City Council may, however, authorize by special permit the use of the above-mentioned equipment for storage by nonprofit organizations, charitable institutions or for other such activities as the City Council deems appropriate. Said special permit shall govern the particular use of said container(s) and shall detail such other provisions and restrictions as the City Council deems necessary and appropriate. Planning recommends approval following confirmation that the conex box’s location is consistent with Building and Fire Code requirements. Collectors – Water bill is due $25,469.31 Lee Pouliot stated that there still seems to be some concerns on the fire side. Captain Katie Collins-Kalbough stated the Fire Department stopped to do a routine inspection at the RiverMills Center on March 20th. It was discovered that at some point RiverMills decided to put a conex box out back. They hired an electrician, ran electricity to the box and had removed no parking fire lane signs. The maintenance employee stated that the box was needed for storage. The Fire Department then went and looked at the original plans submitted and discovered that the room that was being used for storage on the plans has now been converted into a maintenance office. It appears that since they converted the storage room into an office they now need the box for storage space. Captain Collins-Kalbough continued that the Building Department issued 3 a cease-and-desist letter saying that this was installed without a permit. So, instead of complying with the cease and desist they chose to apply for a special permit. Captain Collins-Kalbough presented the picture above. Captain Collins-Kalbough presented the cease-and-desist letter below from the Building Department. 4 5 Councilor Balakier asked if anyone from the public would like to speak. Hearing none… Motion made by Councilor Pniak-Costello 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 Pniak-Costello stated that the cease-and-desist letter stated that there is up to $1,000 per day fine. She asked if the Appeals board has received an appeal on this cease-and-desist letter. Lee Pouliot replied that he has not received an appeal. Councilor López would like a follow-up on the cease and desist from the Building Department. Lee Pouliot stated that if the Council decides to postpone this item, he will be glad to take the lead on this issue to see if the design team and the Fire Department can design a plan that meets all codes. Councilor López asked the applicant if they are willing to entertain design changes in an expeditious manner. Mr. Denman stated “Yes. To whatever extent is possible, either with physical change, to the topography, if possible, or simply to comply with removal of the equipment. And if I may also offer that the applicant, owner and operators for the building did not believe that the cease and desist was ignored. There may have been a misunderstanding in the follow up that we had with that. Unfortunately, I'm not able to fully articulate commentary to that, but the owner was very involved. We simply are not in the business of ignoring serious business in a city with which we enjoy working. “ Councilor Laflamme stated that he has been in touch with the Building Commissioner and the question of the $1,000 fine a day is not applied yet. The Building Commissioner informed the applicant that he needs to apply for a Special Permit which he has done tonight. Attorney Tim Reilly stated that if the Council postpones a request for extension must be received from the applicant. Motion made by Councilor López and seconded by Councilor Balakier to postpone to the September 27, 2023 Zoning Committee meeting at 6:30 PM in the Council Chambers, 4th floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Roll Call 6  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 Special Permit application under Chapter 275-9 (L) (3) for the purpose of renewal of an existing special permit for a proposed multifamily development with waiver of parking requirements from 88 to 75 spaces located at 0 Oak Street (Parcel ID 0147-0005H). Applicant – Culper Properties, LLC, Gregory Szyluk, 444A N. Main Street #125, East Longmeadow, MA 01028. Gregory Szyluk was present at the meeting. He stated that he is requesting to extend a special permit that was previously requested and granted. The project has not begun yet. He further stated that nothing in the proposed project has changed from the original concept. There will be two buildings – one with 42 units will be along Main Street and one with 9 units will be along Oak Street. Reports read from the following departments: Engineering – Engineering will review during SPRAC Fire – No issues Health – No concerns at this time Planning & Development – Property is zoned Residential C and is also within the Mill Conversation & Commercial Center Overlay District; Applicant is looking to renew a Special Permit for a proposed multi-family development with waiver of parking requirements, from 88 spaces to 75 spaces, as the original Special Permit was not acted upon within one (1) year of issuance; and Planning recommends approval of the Special Permit renewal with the conditions that were accepted from the Overlay District Review Committee (ODRC) dated August 20, 2020. Lee Pouliot stated that the Council has seen these types of requests in the past. This is a Special Permit granted under Mill Conversion and Commercial Center Overlay District. These projects often take a little bit of time to line up financing to be able to advance to construction. He also stated as a response to the Engineering Department comments they have already reviewed these plans when we did the initial special permit. Councilor Balakier asked if anyone from the public would like to speak. Hearing none… Motion made by Councilor Pniak-Costello and seconded by Councilor Balakier to close public input. 7 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 with existing conditions. 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 Special Permit application under Chapter 275-58 (c)(5) for the purpose of four (4) residential units located at 1682 Memorial Dr. Applicant – 896-900 Prospect Street, Inc., David B. Williams, 32 Haig Ave., South Hadley, MA 01075. Attorney James Baker was present via zoom. He stated that his client David Williams had a family obligation and cannot be present today. He further stated that this special permit is to bring into compliance a four-unit residential building with an office which has been the use for about 25 years. The following was read from Fire Captain Benjamin Turnberg dated July 20, 2023 – Today, Frank Boron and I conducted an inspection of 1682 Memorial Drive, and it fully meets the fire code requirements for alarms, extinguishers and emergency land. If you have any questions, please let me know. Public Input Gerry Roy, 31 Devlin Drive, stated that this property came before the City Council a couple of years ago. He also questioned the parking as outlined on the submitted plan with the application. Lee Pouliot stated that Mr. Roy is referring to the property next door that came before the Council in the past. 8 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 Pniak-Costello the parking issue needs to be addressed. Captain Collins-Kalbough stated that if someone significantly renovated a four unit today that could trigger installation of a sprinkler system depending on the level of work that is done, the work area, the amount of money. She continued that when the Fire Department went to inspect this building, they could see the work was done many years ago and the sprinkler system requirement would not be triggered for this building. Conditions Permit to run with the land Parking spaces as referenced in the application of said property Motion made by Councilor López and seconded by Councilor Balakier to approve with conditions. 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 Minutes – June 7, 2023 & June 28, 2023 Motion made by Councilor López and seconded by Councilor Balakier to approve. Roll Call 9  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 #6 Adjournment Motion made by Councilor López and seconded by Councilor Balakier to adjourn at 7:57 PM. 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. 10