City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Accepted 3-27-2024 Members George Balakier, Chair Gary Labrie, Vice-Chair Samuel Shumsky Timothy Wagner Robert J. Zygarowski MINUTES February 28, 2024 The following are the minutes of a public hearing held Wednesday, February 28, 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 (arrived 6:33) Also Present: Timothy Reilly (Associate City Solicitor), Jerry Rivera (IT), Karl Ferguson (Assistant 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. From the last meeting there were some outstanding bills that she paid. The water and personal property bills. The only outstanding bill is the real estate taxes which belong to the property owner. Councilor Balakier stated that there is a receipt for water and personal property in the file. The real estate tax is still outstanding. Karl Ferguson, Assistant Building Commissioner, stated that he had a chance to speak with the Building Commissioner today and he indicated that the applicant has provided some additional drawings. The Commissioner felt confident that the building code requirements for the building would be addressed and met subsequent to this meeting tonight. He also indicated that the Building Department will not be able to move forward with any additional permitting or any start to any progress until the actual special permit is issued. 1 Captain Turnberg stated that if the applicant gets the permit that she seeks, the Fire Department feels that the property it’s possible to turn it into residential safely with proper alarm system but that would all be a condition on getting the permit first and then the applicant can proceed with wiring it the way it needs to be wired. 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 Shumsky asked the applicant if she spoke with the property owner regarding the outstanding property taxes. The applicant stated that she did reach out. She told the property owner that she will no longer pay the rent and instead use that money to pay the back taxes. The property owner told her that if he does not receive the rent, they will put the property up for sale. Councilor Labrie asked if there is a purchase and sale agreement with the property owner. The applicant replied that she does have a purchase and sale agreement. Councilor Balakier stated that he has spoken with both the City Collector and City Treasurer. He stated that it would be helpful for the applicant to provide a copy of the purchase and sale agreement. He spoke with the Collector and Treasurer about a payment plan. In June, there could be a tax taking. The applicant stated that in speaking with the City Treasurer today, Marie informed her that she does not want to set up a payment plan with Angela because she is not the property owner. Attorney Reilly stated that a tax taking is just a document that the city records when you fall behind on your taxes. It’s not an actual taking of the property. It’s considered a taking but it’s a document that is recorded at the registry. All full-blown City tax title foreclosure could take a year to 18 months. He continued that the ordinance states that property taxes must be paid in order for the City Council to issue a Special Permit. However, Chapter 189 states that if there is a payment plan, then the City Council can decide to issue the Special Permit. In order to issue a payment plan it has to be with the person who owns the property. According to the ordinance the Collector has to establish a payment plan. Councilor Balakier stated that the payment plan would have to be set up before anything can be done with this special permit request. He continued that there are 3 options right now, continuance, withdraw or denial. Attorney Reilly stated that the applicant will have to ask for a continuance and both parties have to agree. 2 Angela stated that she believes that the property owner will not agree to set up a payment plan. Councilor Labrie stated that if the applicant does not agree to continue the matter to next month, then the only option is to deny. Attorney Reilly stated that the applicant could ask for a continuance and speak with the Collector to see if the applicant can enter into a payment plan. He will research the matter and submit his opinion to the Chairman. Angela stated that she is requesting a continuance to the March 27, 2024 Zoning Committee meeting. Motion made by Councilor Wagner and second by Councilor Balakier to postpone to the March 27, 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 City Collector regarding definitive payment plan for real estate taxes owed on 386 Chicopee Street. 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 275-59 (C) 6 for the purpose of obtaining a beer and wine license for Aesthetic Beauty Revolution located at 20 Center Street. Applicant Roxanne Roman, 76 Elmwood Avenue, Holyoke, MA 01040. Roxanne Roman was present at the meeting. Her proposal is to offer wine and mimosas at the beauty salon. Reports read from the following: 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. 3 Engineering – No Engineering Department comments Health – Not opposed but persons getting tattoos and piercing cannot drink alcohol Councilor Balakier asked if anyone is present for public input. 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 Labrie asked if the applicant will open it up to the public. Ms. Roman replied she will only serve to her customers who are having their hair or nails done at the salon. She will not allow serving alcohol to those who are getting piercings or tattoos. Conditions Permit to run with the applicant Motion made by Councilor Wagner and second by Councilor Balakier to approve the special permit application. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Item #3 Zone Change application from Garden Industrial Planned Unit Development (IPUD), Type II to Residential A for 43.83 of property located at 0 Carew Street; 0 Robbins Road; 0 Robbins Road; and 0 Robbins Road (Parcel IDs 0109-00001, 0110-00037, 0111-00008, 0111-00004, & 0111-00003 for the purpose of creating one contiguous zoning district by extending the existing Residential A zoning district to the entity of the five (5) above- referenced parcels to allow for the future construction of a residential development. 4 Applicant - Westmass Area Development Corporation, c/o Mr. Jeffrey Daley, One Monarch Place, Suite 1350, Springfield, MA 01144. Councilor Balakier read the following Planning Board recommendation. 5 Motion made by Councilor Labrie and second by Councilor Balakier to withdraw without prejudice. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. 6 Item #4 Special Permit application under Chapter 275-50 (c)(2)(b) and 275-50 (c)(2)(a) for the purpose of activating a digital sign located at 191 Montcalm St. Waiver requested – relief of setback requirements from 25 feet to +/- 6.3 feet; section 275-50(c)(1). Applicant – Peter Milloy, 74 Pine Grove Dr., South Hadley, MA 01075 Peter Milloy was present at the meeting. He stated that the request is to activate a digital sign on church property. Reports read from the following departments: Engineering – No Engineering Department comments Building – None Fire – No issues Planning – Property is zoned Residential A; waiver of setback requirements for new digital pole sign placement from 25 feet to +/- 6.3 feet from the property line requires a Special Permit under 275-50(C)(1). Additionally, the Applicant is looking to obtain a Special Permit for erecting a digital message board, which is considered an Accessory Sign, under 275-50 (C)(2) (a):” Signs with visible moving…electronically activated changeable signs except for time, temperature, and date sign”. Planning sees no issue with the proposed sign as well as the relief of setback requirements as long as Engineering sees no issue with digital message board in relation to traffic controls along Montcalm Street. Planning recommends approval of the Special Permit and the waiver of setback requirements. Councilor Balakier asked if anyone wishes to speak during public input. 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. Peter Milloy stated that the sign is a ribbon scrolling sign. If the City wants to impose a condition of eight second delay he is not opposed. 7 Conditions Permit to run with the applicant Eight (8) second delay be imposed regarding digital signs City requirements Motion made by Councilor Shumsky and second by Councilor Balakier to approve the Special Permit with conditions. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Motion made by Councilor Wagner and second by Councilor Balakier to approve the waiver request - relief of setback requirements from 25 feet to +/- 6.3 feet; section 275-50(c)(1). Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Item #5 Special Permit application under Chapter 275-9 (k)(3) and 275-58 (c)(4) for the purpose of granting a liquor license transfer at the business known as TD’s Sports Pub located at 699 Grattan St. (a/k/a 697-699 Grattan St.) Applicant – TDs Sports Bar, LLC, Michael Murdock, 204 Denver St., Springfield, MA 01109 Attorney Michael Labrie representing the applicant was present at the meeting. He stated that this is a transfer of the liquor license. The business has been in operation since 1940 and the new applicant does not intend to make changes to the business. He is renting the business space. Mr. Murdock stated that he is a graduate of Chicopee High School and has a criminal justice degree. He works for the Department of Youth Services in Springfield and feels that he is a good candidate to take over this liquor license. He is all about comfortability and security. He is aware there’s some concerns with the families that 8 live in the community and in that residential area. He will work to make sure that they are safe and comfortable at all times. Reports read from the following: Engineering – If no site work is proposed, no engineering comments Planning – 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 or without live entertainment. Permit transfer is allowed under 275-9 (K)(3): Special Permits that govern the use of an existing structure or site shall be granted to the applicant and may be transferred to a new holder only in accordance with the terms of 275-9L(2). Property has been historically allowed and permitted to operate under these conditions; and Planning recommends approval of the Special Permit. Fire – Building and Fire Departments shall conduct a Certificate of Occupancy inspection prior to new owner opening the business. Building – none Public Input Judy Tremblay, 37 Providence Street, stated that the last owner made promises and it just got progressively worse in the neighborhood. She continued that patrons from the bar party in the Lucky Strike restaurant parking lot. She has called the Police numerous times. Lucky Strike was then instructed to put up a barrier so that people don’t use the parking lot. Mr. Murdoch will hopefully be a good candidate and be true to his word. Motion made by Councilor Wagner 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. Motion made by Councilor Shumsky and second by Councilor Balakier to approve. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X 9  Shumsky X Wagner X Zygarowski X Motion passed. Item #6 Special Permit application under Chapter 275-50(c)(1) & 58 (E)(1) for the purpose of Golden Nozzle is requesting to alter and utilize two pre-existing non-conforming signs to display its operation at its new Memorial Drive location. Golden Nozzle is leasing the site and these signs will always remain, Golden Nozzle is simply requesting to brand them with its logo for customers. These signs were most recently used to designate the Denny’s location formerly at this site located at 467 Memorial Drive. Waivers requested (1) two ground signs instead of one that is allowed (2) both signs height exceed the allowed – Sign A – from 30 ft to 55 ft. and Sign B – from 20 ft to 25 ft (3) size of Sign A’s faces exceeds a total area of 80 sq. ft. (4) setback for Sign B would be from 25 ft to +/- 2.8 ft. Applicant - Nouria Energy Retail, Inc., (Golden Nozzle), Richard Smith, 326 Clark Street, Worcester, MA 01606 Attorney Rachel Fancy was present at the meeting along with Richard Smith and Attorney Seth Stratton and John Lemanski (Sign Techniques). Attorney Fancy stated that the applicant seeks to reface two pre-existing signs on the site. Sign A is an accessory sign and sign B is a ground sign. Both signs were previously used in connection with Denny’s Restaurant and would be similar size, space, and appearance to all surrounding signage. Refacing the signs will allow Golden Nozzle to utilize existing structures and will limit the need for unnecessary development or existing poles remain vacant. There are two sign poles on the property already. The size is 55 feet on Sign A with a total square footage of about 160 on each so a total of 320. Sign B is a 25-foot sign, and the pole is already there. The sign is 40 feet square feet on each side. Due to sign A and sign B being on pre- existing non-conforming uses, there are several features of the signs which are not in conformity with zoning ordinances and waivers are requested. The applicant is a tenant not the owner of the property. The property owner does not want to remove the existing poles because there is value in the poles. Reports read from the following departments: Planning – Property is zoned Business A; exceeding the permitted one ground sign per building requires a special permit under 275-50(C)(1) and 275-58(E)(1). The applicant is proposing for both signs to exceed the allowed heights. Sign A from 30 feet to 55 feet. Sign B from 20 feet to 25 feet. Additionally, the applicant is looking to increase the area of sign from 80 square feet to 320 square feet. Further a waiver of setback requirements from 25 feet to +/- 2.5 feet from the property line for Sign B. The previous business that occupied the property, Denny’s was closed in 2020. Because of the lapse in use has exceeded two years, these preexisting signs have lost their legal nonconforming status. Planning is concerned about the scale and significance of this request; beyond what is allowed for signage within Business A Districts. The density of signage along this corridor merits consideration of options to reduce the number of signs particularly by reducing redundancy. Planning recommends that the City Council grant relief for either Sign A or Sign B; but not both. Sign A is Planning’s recommendation for relief approval, while Sign B should be considered for removal. Engineering – If existing sign poles are used, and positioning does not change, there are no Engineering Department comments. 10 Fire – No issues Building – none Councilor Balakier asked if anyone wishes to speak on this matter during public input. Hearing none. Motion made by Councilor Shumsky 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 Shumsky stated that he is in favor of this proposal. The area was run down before, and this will improve the area. He has not received any calls from constituents regarding this application. Councilor Labrie stated that this proposal does fit in with the neighborhood. Councilor Wagner stated that the only thing concerning is the height of the size. He stated that he is not in favor of two of the signs because at this point it will be a nuisance. Attorney Fancy stated that the proposed sign is the same size as the Denny’s sign that was there. Even if the sign is not approved the sign pole will remain. As the tenant of the property they cannot remove the sign poles. John Lemanski stated that the Hampton Inn and Tru signs are all 120 to 125 feet high. What is being proposed is 55 feet. Condition Permit to run with the applicant Motion made by Councilor Shumsky to approve the Special Permit. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X 11  Zygarowski X Motion passed. Motion made by Councilor Wagner and second by Councilor Balakier to approve Waiver #1 - two ground signs instead of one that is allowed Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Motion made by Councilor Zygarowski and second by Councilor Balakier to approve Waiver #2 - both signs height exceed the allowed – Sign A – from 30 ft to 55 ft. and Sign B – from 20 ft to 25 ft Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Motion made by Councilor Zygarowski and second by Councilor Balakier to approve Waiver #3 - size of Sign A’s faces exceeds a total area of 80 sq. ft. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. 12 Motion made by Councilor Wagner and second by Councilor Balakier to approve Waiver #4 - setback for Sign B would be from 25 ft to +/- 2.8 ft. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Item #7 Minutes – January 31, 2024 Motion made by Councilor Labrie and second by Councilor Balakier to approve the minutes. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Item #8 Adjournment Motion made by Councilor Wagner and second by Councilor Wagner and second by Councilor Balakier to adjourn at 8:21 PM. Roll Call Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. 13 14