City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 2-28-2024 Members George Balakier, Chair Gary Labrie, Vice-Chair Samuel Shumsky Timothy Wagner Robert J. Zygarowski MINUTES January 31, 2024 The following are the minutes of a public hearing held Wednesday, January 31, 2024 at 6:30 PM in the Chambers, 4th floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013 and via Zoom. Members Present: Balakier, Labrie, Shumsky, Wagner, Zygarowski Also Present: Timothy Reilly (Associate City Solicitor), Jerry Rivera (IT), Lee Pouliot (Planning Director), Frank Boron (Building Commissioner), Captain Ben Turnberg (Fire Department) 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 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 her proposal is for a mixed-use property. After this is approved then she will bring an application forward to rezone the entire parcel to be zoned Business. 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. 1 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. 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. Councilor Balakier stated that there are outstanding Real Estate taxes and water bills that are due. Lee Pouliot stated that this is a split zoned parcel. The majority of the parcel is Business A which allows a mixed- use property. The Council is allowed to consider through the Special Permit process up to four residential units within that business structure. Frank Boron stated that the revised plan that the applicant presented him is missing important information that is needed before he can make a determination. Captain Turnberg stated that the department needs to see a plan for hardwired alarms and safety features. 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 Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Councilor Balakier asked how long the Building and Fire Departments will need to review a revised plan. Frank Boron stated a week or two. The plan will need to be redrawn or modified. Angela Klusman stated that she reached out to the Assessor’s Office and was told that it was supposed to be non-profit. The property was vacant, and the City never caught on until she said something in the Assessor’s Office. She does not know what her next step should be. The engineer to draw up and stamp a plan is expensive and she is trying to get a mortgage on the property. 2 A copy of the plan that was submitted to the Building Department was submitted to the committee. Motion made by Councilor Wagner and second by Councilor Balakier to postpone to the February 28, 2024 Zoning Committee meeting at 6:30 PM in the Chambers, 4th floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. The applicant is to work with the Fire Department, Building Department and Collector’s Office. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Item #2 Special Permit application under Chapter 275-58 (C)(5) for the purpose of one residential unit in a business building located at 277 Grattan Street. Applicant – Tan Tan & Associates, LLC, Zhi Tan, 39 Beauregard Terrace, Chicopee, MA 01013. Zhi Tan was present at the meeting. He stated that he would like to create a residential unit in a business building. Reports read from the following: Engineering – No Engineering Department comments Health – No concerns at this time Building – Building seems completely vacant currently. First floor is at least partially gutted. Applicant needs to submit smoke alarm plan. Planning – Property is zoned Business A; Applicant is seeking a Special Permit to allow for one (1) residential dwelling unit within a business building; current conditions consist of vacant business building. The proposed uses are permitted in Business A Districts by Special Permit (275-58 (C)(5) up to four dwellings in a building. Planning recommends approval of the Special Permit for a mixed-use development with Building and Fire approval. Lee Pouliot stated that the applicant is looking to reuse the existing structure for professional office space and one residential unit. Councilor Balakier asked if anyone wishes to speak on this matter from the public or on zoom. Hearing none. 3 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 Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Both the Building and Fire Department are satisfied with the submitted plans for this application. Motion made by Councilor Labrie and seconded by Councilor Balakier to approve with conditions. Conditions Permit to run with the land To be in compliance with all City Fire and Building Codes/Regulations Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Item #3 Special Permit application under Chapter 275-59 (C) 6 for the purpose of obtaining a beer and wine license for Aesthetic Beauty Revolution located at 20 Center Street. Roxanne Roman, 76 Elmwood Avenue, Holyoke, MA 01040. Roxanne Roman was present at the meeting. Her proposal is to offer mimosas at the beauty salon. Councilor Balakier stated that the applicant did not pay for the legal ad and therefore, the ad did not run in the newspaper as required. Reports read from the following: 4 Fire – None Planning – 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 business’ presence would bolster the long-term efforts to revitalize the City’s downtown area; and Planning recommends approval of the Special Permit. Engineering – No Engineering Department comments Health – Not opposed but persons getting tattoos and piercing cannot drink alcohol Attorney Reilly stated that the applicant will need to send a letter to the office requesting a continuance. Motion made by Councilor Shumsky and second by Councilor Balakier to postpone to the February 28, 2024 Zoning Committee meeting at 6:30 PM in the Chambers, 4th floor, City Hall Annex. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Item #4 Special Permit application under Chapter 275-30 B for the purpose of 15 temporary trailer or seabox container storage October 1 through January 31 to assist with Walmart’s needed extra storage for holiday merchandise. Waiver requested – duration of temporary trailers on site, where 14 days is permitted, and 120 days are requested located at 591 (545) Memorial Drive. Applicant – Walmart, Wendy Hubbard, 591 Memorial Drive, Chicopee, MA 01020. Greg DiBona, Engineering consultant, was present on zoom representing Walmart. He stated that Walmart is requesting a Special Permit for seasonal outdoor storage in the rear parking lot – October 1st through January 31st. Reports read from the following: Engineering – The extent of the storage boxes to the south of the designated area creates a line-of-sight obstruction for vehicles traveling southerly and easterly. 5 Planning – Property is zoned Business A; Applicant is requesting waiver of duration for permission to locate fifteen (15) temporary storage containers on property. Duration of storage location is asked to increase from fourteen (14) to one hundred and twenty (120) days; Storage container usage is permissible with a Special Permit from City Council under section (275-30 (B)); however, the regulating section does not contain language regarding waivers and extension of permitted location of storage containers. Proposed temporary storage units and the Applicant’s proposed location is consistent with the recently approved Site Plans for the property. Planning recommends the City Council determine the date the temporary storage trailers will be removed from the property AND note that a new Special Permit will be needed, annually, for seasonable storage. Fire – Ensure that the placement of the storage containers do not impede fire apparatus movement/turning radius. Ensure that the placement of storage containers does not block any fire hydrant access in the area. Lee Pouliot stated that Walmart last year submitted plans for small expansion to their building. That was approved as part of the process. The Planning Department dealt with a number of other additional issues on site, which included increasing the number of calls to try to deal with the litter problem and also designating an area for seasonable storage challenges that are needed. The review committee made it clear that this would be an annual special permit to provide for temporary storage units. It was the review committee’s strong recommendation that Walmart apply for that by July each year to ensure that the permit was in place for the fall. That did not happen this past season and trailers showed up and the Building Commissioner issued a cease and desist and Walmart did remove the trailers and applied for a permit. He continued that this application must be for the upcoming holiday season. Lee continued that the area is designated on the plan that was submitted with the application it is what was agreed to by all reviewing departments as part of the site plan review. All departments had an opportunity to weigh in on that. 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 Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Councilor Wagner stated that the proposed location of the trailers is a well-travelled intersection. He continued that it does create a line-of-sight obstruction with the proposed storage trailers and the tractor trailers that travel in this area. He also stated that they placed the trailers without a permit. Walmart violated the ordinance by placing the trailers before they received a Special Permit. 6 Councilor Shumsky drives in this area once or twice per day. He stated that the trailers do impede drivers’ awareness to that area. He hopes that the City can work with Walmart if this location is not appropriate to find an appropriate spot that would not impede drivers. Councilor Labrie stated that because this parking lot is not a city street the City cannot impose ordinances. He suggested that maybe speed bumps in this area would help to slow the traffic down when coming to the stop sign. He continued that Walmart has had problems in the past, but they are a good tax producer in the City. He would like to work with Walmart on this. Greg DiBona stated that stop controls could be designed in this area to force the issue of people slowing down. Regarding the Fire Department concerns, he stated that he has no issues addressing their concerns. Conditions Permit to run with the applicant Temporary trailers October 1, 2024 through January 31, 2025 Traffic conditions – speed tables/humps and traffic signs in the designated site storage area 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 Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Waiver #1 Duration of temporary trailers on site, where 14 days is permitted, and 120 days are requested. Motion made by Councilor Labrie and second by Councilor Balakier to approve Waiver #1. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. 7 Item #5 Minutes – December 20, 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 Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Item #6 Adjournment Motion made by Councilor Wagner and second by Councilor Balakier to adjourn at 8:17 PM. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. 8