City Council - Zoning Committee

City of Chicopee City Council Zoning Committee DRAFT Members George Balakier, Chair William Courchesne, Vice Chair Mary Beth Pniak-Costello Joel McAuliffe Delmarina López Robert J. Zygarowski Gary Labrie MINUTES December 20, 2023 The following are the minutes of a public hearing held Wednesday, December 20, 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, Lopez (zoom), Zygarowski, Labrie Absent: McAuliffe Also Present: Kevin Corridan (City Solicitor) via zoom, Councilor Laflamme, Councilor Krampits, (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. Item #1 Zone Change application from split zone Bus A/Res B to Res B 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. This is an application to eliminate the split zone of the property. Councilor Balakier read the following Hi Jason: 1 The Chicopee Boys & Girls Club (CBG) recently applied for a zone change but by mistake applied for a change to Residential A when it should have applied for Residential B. The Planning Board caught the error and approved the zone change to Residential B. When the request came to the City Council Zoning Committee, the committee asked that the error be corrected. In order to accomplish that, we ask CBG to come to the City Council office and amend its application by simply changing the zoning to Residential B and initial the application. Once that is complete, we can re-advertise with the correct zoning for the December 29th meeting. Thank you for your assistance. Timothy A. Reilly, Esq. Legal Counsel to the City Council City of Chicopee Law Department To the Chicopee City Council: Please accept this email as official request for continuance of the zone change discussed at the 11/29 Zoning Committee meeting, regarding the property at 580 Meadow Street. We request this continuance be until the next scheduled Zoning Committee meeting, scheduled for 12/20/2023. Please let me know if you need any additional information, and thank you for your attention to this matter. Thanks, Jason Jason M. Reed Executive Director Boys & Girls Club Of Chicopee Councilor Balakier read the Planning Board recommendation into the record. The Planning Board recommended approval 5 – 0. 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 2  López (zoom) X Zygarowski X Labrie X Motion passed. Motion made by Councilor Labrie 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 (zoom) X Zygarowski X Labrie X 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. 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). The following reports were read: Health Department – No concerns at this time Engineering – Would existing exterior door on south side of building be access to the apartment? Concerns about appropriate assignment of street address (house number) Building – The Building Department is waiting for plans from a design professional before we approve. Fire – Applicant needs to hire a design professional to evaluate the building and the proposed new use. The design professional should submit a code review (all applicable codes) and any plans for needed renovations or upgrades to the building and its systems. 3 Planning – Property is split zoned Business A and Residential A; Applicant is seeking a Special Permit to allow for one (1) residential dwelling unit within a business building; current conditions consist of an existing dance studio; The proposed uses are permitted in Business A Districts by Special Permit 275-58 (C)(5); up to four (4) dwellings in a business building. Parking requirements are regulated under 275-40(N)(1)(a): One, two, three family dwellings and mobile homes; two spaces per unit – parking spaces must be established per the approval – not – required site plan filed at the Registry of Deeds on July 28, 1988. Planning recommends approval of the Special Permit for a mixed-use development with Building and Fire approval. Ms. Klusmen stated that the cost of an engineered plan is very expensive. The plan that the engineer would use is the one she submitted with the application. She is trying to buy the property and is working with the bank for financing. She has spent a lot of money repairing the property and she does not want it to all go to waste. She has spoken with the Assessor’s Office and because the property owner is a non-profit organization, she was told that the taxes need to be assessed differently. The water bills she has been paying. The applicant is very involved in community events and the Councilors thank her for her service and commitment to the City. The committee members do not feel comfortable approving the application with outstanding issues. They would prefer to postpone until the applicant has time to address the issues with the Fire, Building, and Engineering Departments. 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 (zoom) X Zygarowski X Labrie X Motion passed. Motion made by Councilor Pniak-Costello and second by Councilor Balakier to postpone to on or before January 31, 2024 Zoning Committee meeting held at 6:30 PM in the Chambers, 4th floor, City Hall Annex, 274 Front St, Chicopee. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X 4  McAuliffe X López (zoom) X Zygarowski X Labrie X Motion passed. ITEM #3 Zone Change application from Business A to IPUD II for 3.59 acres of property located at 0 East Main St. (0133- 00001) & (0133-00002) for the purpose of office space and utility. Applicant – KOI2KOI Associates, LLC c/o Christopher P Lapinski, 9 Wellesley Cir, South Hadley, MA 01075. Attorney Paul Beaudreau was present at the meeting. He stated that his client is opening a business on this property and according to the Planning and Building Departments the IPUD II zone is better suited for his business. This change does not create a spot zone. Councilor Balakier read the Planning Board recommendation into the record. The Planning Board recommended approval 5 – 0. 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 (zoom) X Zygarowski X Labrie X Motion passed. Councilor Krampits stated that this is the former Annie’s property, and he has not received any calls or emails regarding this proposal. He is in favor at this time. Motion made by Councilor Pniak-Costello and seconded by Councilor Balakier to approve. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X 5  Pniak-Costello X McAuliffe X López X Zygarowski X Labrie X Motion passed. ITEM #4 Zone Change application from Residence A to Residence C for 0.3501 acres of property located at 15 Wawel St. for the purpose of infill housing. Applicant – JCD Realty, Inc., (c/o Jeffrey Daigle), 55 Fuller Rd., Chicopee, MA 01020. Christopher Karney of Pioneer Land Planning was present at the meeting. The zone change would not create a spot zone as it is attached to an existing Residential C zoning district. Councilor Balakier read the Planning Board recommendation into the record. The Planning Board recommended approval 5 – 0. Public Input Stephen Allen, 299 Sheridan Street, asked that the property be kept clean. 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 (zoom) X Zygarowski X Labrie X Motion passed. Motion made by Councilor Labrie 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 6  López (zoom) X Zygarowski X Labrie X Motion passed. ITEM #5 Zone Change application from Residential A & Business A to Res C for 28,827 SF for property located at 19 Beaumont Ave for the purpose of 3 family and to create 2 legal conforming single family building lots. All lot numbers to convey are 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 90. Applicant – David Labrie, DCL Cons., 187 Nelson St., Chicopee, MA 01013. Applicant was present on zoom. He provided a history of the property. He stated that he met with Planning and Building Department staff and both departments are in support of his proposal. This is not considered a spot zone because the request is to change multiple parcels and not just a single parcel. This request would also eliminate a split zone property and it would eliminate a business zoned property in a residential area. He plans to build single family homes. Public Input Jean Payne, 40 Beaumont Avenue, stated that she is concerned about the increase in traffic and that the property would create 75’ frontage lots as opposed to 100’ frontage lots. Kimberly Roy, 29 Beaumont Avenue, the property does not seem large enough for 2 lots. She is also concerned about the increase in traffic. Councilor López asked if the committee can place a condition on the zone change that only single-family homes be built. Solicitor Corridan stated that the Council cannot place conditions on a Zone Change. 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 (zoom) X Zygarowski X Labrie X Motion passed. 7 Councilor Balakier read the Planning Board recommendation into the record. The Planning Board recommended approval 4– 0. Councilor Labrie stated that the applicant and he share a last name, but they are not related. Motion made by Councilor Zygarowski 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 (zoom) X Zygarowski X Labrie X Motion passed. ITEM #6 Ordinance Amendment Chapter 275-66 Burnett Road, add new language to 275-66 B “or Transportation Impact Assessment or any other such report whose official name may be changed by the Massachusetts Department of Transportation.” Full text available in the City Council Office. Applicant: Councilor Frank Laflamme (At Large) and Councilor William Courchesne (Ward 7), City Council Office, 274 Front St. Chicopee, MA 01013. Chapter 275-66 Burnett Road 275-66 add to B In addition to the special permit submission requirements of Chicopee City Code § 275-9, all special permit applications shall be accompanied by a traffic study or Transportation Impact Assessment or any other such report whose official name may be changed by the Massachusetts Department of Transportation. Councilor Laflamme stated that this is just to clarify language. Councilor Balakier stated that the Planning Board voted 4 – 0 unfavorably because the sponsoring Councilors did not attend the meeting and they did not know the purpose of this proposed ordinance change. 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 8  Pniak-Costello X McAuliffe X López (zoom) X Zygarowski X Labrie X Motion passed. Motion made by Councilor López and seconded by Councilor Balakier to postpone to the call of the chair. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López (zoom) X Zygarowski X Labrie X Motion passed. ITEM #7 Ordinance Amendment Chapter 275-50 Signs, delete 275-50 B (f). Delete “Duration of Placement” Full text available in the City Council Office. Applicant: Councilor William Courchesne (Ward 7), City Council Office, 274 Front St. Chicopee, MA 01013. Delete 275-50 B (F) F. Duration of placement. Temporary signs may be placed 60 days prior to an event or promotion and must be removed within seven days following an event or promotion. Councilor Balakier stated that the Planning Board voted 4 – 0 unfavorably because the sponsoring Councilor did not attend the meeting and they did not know the purpose of this proposed ordinance change. 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 9  McAuliffe X López (zoom) X Zygarowski X Labrie X Motion passed. Motion made by Councilor López and seconded by Councilor Balakier to postpone to the call of the chair. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López (zoom) X Zygarowski X Labrie X Motion passed. ITEM #8 Ordinance Amendment Chapter 275-51 Motor Vehicle Repair and Storage, delete language from Chapter 275- 51 D. Delete “or inoperable or not currently registered or with a current state inspection sticker”. Full text available in the City Council Office. Applicant: Councilor William Courchesne (Ward 7), City Council Office, 274 Front St. Chicopee, MA 01013. Chapter 275-51 Motor Vehicle Repair and Storage Delete from Chapter 275-51 D the following language “or inoperable or not currently registered or with a current state inspection sticker” Councilor Balakier stated that the Planning Board voted 4 – 0 unfavorably because the sponsoring Councilor did not attend the meeting and they did not know the purpose of this proposed ordinance change. Motion made by Councilor López 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 (zoom) X 10  Zygarowski X Labrie X Motion passed. Motion made by Councilor López and seconded by Councilor Balakier to postpone to the call of the chair. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Courchesne X Pniak-Costello X McAuliffe X López (zoom) X Zygarowski X Labrie X Motion passed. ITEM #9 Minutes – November 29, 2023 Motion made by Councilor Zygarowski and second 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 (zoom) X Zygarowski X Labrie X Motion passed. ITEM #10 Adjournment Motion made by Councilor López and second by Councilor Balakier to adjourn at 8:51 PM. Roll Call Councilor Yes No Absent Abstained Out of Chair 11  Balakier X Courchesne X Pniak-Costello X McAuliffe X López (zoom) X Zygarowski X Labrie X Motion passed. 12