City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 12-20-2023 Members George Balakier, Chair William Courchesne, Vice Chair Mary Beth Pniak-Costello Joel McAuliffe Delmarina López Robert J. Zygarowski Gary Labrie MINUTES November 29, 2023 The following are the minutes of a public hearing held Wednesday, November 29, 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, Zygarowski, Labrie Absent: McAuliffe, López Also Present: Timothy Reilly (Associate City Solicitor), Councilor Laflamme, Councilor Krampits, (zoom) Councilor Dobosz, (zoom) 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. Motion made by Councilor Zygarowski and seconded by Councilor Balakier to take Item #2 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 #2 Special Permit application under Chapter 275-58 (c)(5) for the purpose of a property becoming a mixed property. The creation of one residential unit in a business building located at 386 Chicopee Street. Applicant – Dance Dynamics/Angela Klusmen, 386 Chicopee Street, Chicopee, MA 01013. Angela Klusmen was present at the meeting. She stated that she is the owner of Dance Dynamics at 386 Chicopee Street. She is requesting a postponement at this time. The Building Commissioner and Fire Department have requested an architect or engineer access the property. She is in the process of arranging this. Councilor Balakier stated that there is money owed to the City by the property owner (real estate taxes and water bills) and Dance Dynamics (personal property). Ms. Klusmen stated that she personally paid the water bill. The personal property taxes owed by Dance Dynamics are not hers. She did not own the business at the time, but her aunt did. She also stated that she is in the process of purchasing the property at 386 Chicopee Street but she’s trying to get it zoned. Attorney Reilly stated that Ms. Klusmen needs to submit a letter requesting postponement. Councilor Balakier asked if anyone wishes to speak on this matter from the public or on zoom. Hearing none. Motion made by Councilor Pniak-Costello and second 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. Motion made by Councilor Pniak-Costello and second by Councilor Balakier to postpone to the December 20, 2023 Zoning Committee meeting held at 6:30 PM in the Chambers, 4th floor, City Hall Annex, 274 Front Street, Chicopee. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X 2  Courchesne X Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. ITEM #1 Special Permit application under Chapter 275-59 (c)(6) for the purpose of selling beer and wine in a restaurant located at 32 Center Street. Applicant – Deepthi Fernando, 123 State Street, Chicopee, MA 01013. Deepthi Fernando was present at the meeting. She stated that they are asking for a beer and wine license at their restaurant, Island Spice. Reports read from the following: Health Department – Contact the Health Department if adding any new refrigerators or equipment. Engineering Department – No Engineering comments Building Department – none Fire Department – no issues Planning Department – Property is zoned Business B, applicant is looking to obtain a Special Permit to operate an eating and drinking place with the consumption of alcohol (beer and wine). Proposed use is allowed by Special Permit under 275-59 (C)(6): Eating and drinking places with the consumption of alcohol, with or without live entertainment. Proposed property is located in downtown district that has been historically allowed and permitted to operate under these conditions, and the business’ presence would bolster the long-term efforts to revitalize the City’s downtown area; and Planning recommends approval of the Special Permit. Councilor Balakier stated that there is an outstanding excise bill that needs to be paid before the next City Council meeting on December 5, 2023. The applicant is to provide a receipt for payment to the City Council Office. Public Input Steve Huntley, Executive Director Valley Opportunity Council, 35 Mt. Carmel Street, Chicopee. He stated that VOC is the property owner, and they are very excited about this business opening at this location. Jason Reed, 49 West Street, stated that he is very happy to see downtown being redeveloped. 3 Lisa Tault, 9 Walcott Ct., Granby CT, stated that she is working with the applicant to make sure that they comply with all requirements. Motion made by Councilor Pniak-Costello and second 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 Tax bill is to be paid before the December 5th City Council meeting. Motion made by Councilor Labrie and second 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 #3 Zone Change application from split zone Bus A/Res B to Res A for 9,000 SF located at 580 Meadow St. for the purpose of Boys & Girls Club (existing) eliminating a small portion of zoning overlapping and causing a split zone on the site. Applicant – Chicopee Boys & Girls Club, Jason Reed, 580 Meadow St, Chicopee, MA 01013. Jason Reed was present at the meeting. He stated that he is requesting a postponement until the December 20th Zoning Committee meeting. They have been working to try to get their paperwork in order for this zone change request. 4 Attorney Reilly stated that the Boys and Girls Club went through the Planning Board and their application was incorrect at the time of filing. The Planning Board was able to change the application to the correct zone, but the Council application reflected the wrong zone. Attorney Reilly asked the applicant to come in and amend the application and initial it. Mr. Reed has come in and amended the application to now read Res B. His recommendation is to postpone to the December 20, 2023 Zoning Committee meeting. Turley Publications is advertising the application with the correct zoning information. Councilor Balakier asked if anyone wishes to speak on this matter from the public or on zoom. Hearing none. Motion made by Councilor Labrie and second 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. Motion made Zygarowski and second by Councilor Balakier to postpone to the December 20th Zoning Committee meeting at 6:30 PM in the Council Chambers, 4th floor, City Hall Annex, 274 Front Street, Chicopee. 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 Minutes – October 25, 2023 Motion made by Councilor Zygarowski and second by Councilor Balakier to approve. Roll Call 5  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 Adjournment Motion made by Councilor Zygarowski and second by Councilor Balakier to adjourn at 7:12 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. 6