City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 5-29-2024 Members George Balakier, Chair Gary Labrie, Vice-Chair Samuel Shumsky Timothy Wagner Robert J. Zygarowski MINUTES April 24, 2024 The following are the minutes of a public hearing held Wednesday, Wednesday, April 24, 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), Dave Rice (Facilities Director) (zoom), Mike Pise (Mayors Chief of Staff), Lee Pouliot (Planning Director) 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 275-30 (B) for the purpose of installing one 20’x10’ conex storage box and moving the existing one 20’x10’ conex for more storage at the Public Safety Complex located at 110 Church Street. Applicant – City of Chicopee, David Rice, 274 Front Street, Chicopee, MA 01013. Dave Rice stated that a second storage container is being added for the Police Department. They’ve filled the first one and they’ve requested to add a second one. He has requested to move the existing one which will allow both containers to be side by side. Department Reports Fire Department No Concerns Engineering Department No Concerns 1 Building Department None Planning Department Property is zoned Business A and is located within the Mill Conversion & Commercial Center Overlay District. Applicant is looking to install a second 20 foot by 10 foot conex storage container for increased storage at the City’s Public Safety Complex; Conex storage boxes are 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. The existing Conex storage container will be moved to the location shown on the site plan to accommodate the second Conex box; Planning recommends approval following confirmation that the Conex’s box’s location is consistent with Building and Fire Code Requirements. Additionally, the City should consider exploring permanent storage options to accommodate storage needs off-site, secure facilities to minimize the need for these temporary storage solutions. Councilor Balakier asked if there is any public input on this item. 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. Motion made by Councilor Labrie 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. Conditions: Permit to run with the applicant 2 Item #2 Zone Change application from Res B to Bus A for 51,835 square feet of property located at 22 Grove Avenue and 0 Grove Street (Parcel ID 0125-00026 & 0125-00029) for the purpose of parking lot, new construction, restaurant, commercial kitchen, housing. Applicant – Ridvan Turan, 185 Grove Street, Chicopee, MA 01020. Ridvan Turan was present at the meeting. He stated that the proposal is to use the bottom floor as a wine bar with residential units on the top two floors and whatever is leftover on the land, he will use it for new construction in the future. Councilor Balakier read the recommendation from the Planning Board which was a favorable 6 – 0 recommendation. Lee Pouliot stated this zone change addresses two parcels in Chicopee Falls which are both split zoned. Public Input Sue Nimchick, James Street, asked if any abutters gave input at the Planning Board meeting, parking, also wanted to know if any traffic reports have been submitted. Lee Pouliot stated that one abutter provided input at the Planning Board hearing. The individual wanted to know how traffic would access the new business from 22 Grove Avenue. The developer at the time indicated that the existing curb cut on Grove Street will be utilized. No traffic will be going down Grove Avenue or unto Pine Street. Parking analysis and traffic analysis are not a requirement at the zone change application. If there is a need for it, it would occur at the site plan review level. 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 stated that Pine Street is very narrow, and he wanted to make sure that there would be no curb cut on Pine Street. Lee Pouliot stated that it was indicated by the developer that there would be no curb cut on Pine Street. Councilor Labrie also wanted to make sure that abutters were notified of the Planning Board and the Zoning Committee meetings. Abutters were notified. Lee Pouliot stated that there is a driveway on Pine Street for the property. He continued that if the zone change is granted, and a Special Permit is applied for at the Site Plan Review phase the discussion would take place as to where residential units parking needs would be addressed. 3 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 Shumsky X Wagner X Zygarowski X Motion passed. Item #3 Special Permit application under Chapter 275-58 C (4) for the purpose of restaurant with full-service liquor license located at 1329 Memorial Drive. Applicant – Zengxin Ouyang, 131 Viscout Rd., Longmeadow, MA 01106. Zengxin Ouyang was present at the meeting. He stated that he is taking over Masse’s American Bistro and is applying for a liquor license. He stated that he knows that Masse’s has been in the community for a long time, and he hopes to carry out their legacy and bring more to this community. Department Reports Fire Department If any renovations are planned that may reconfigure the interior space, ensure that a licensed fire sprinkler contractor submits plans and a permit application to alter the sprinkler system. Engineering Department No Engineering Department comments Planning Department Property is zoned Business A; Applicant is looking to obtain a Special Permit to transfer an existing liquor license to a new owner to continue operating 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; and Planning recommends approval of the Special Permit. Councilor Balakier asked if there is any public input on this item. 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 4  Zygarowski X Motion passed. Motion made by Councilor Labrie 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. Conditions: Permit to run with the applicant Item #4 Ordinance Amendment to add Chapter 275-73 No further business, commercial or industrial development shall occur on James Street from the intersection of James Street and Memorial Drive to the beginning of Syrek Street and any appurtenant Street for one year. Applicant - Derek Dobosz (former Ward 6 Councilor) and Councilor Mary Beth Pniak-Costello (Ward 9) Attorney Reilly stated that under the Open Meeting Law, Councilors that are not on the committee, they can’t be treated any differently than someone sitting in the audience. So, the committee is trying to comply with that but also allow Councilor Pniak-Costello her time to give input. He stated that the question is can Councilor Pniak-Costello speak as an applicant. The committee has two options right now, postpone the matter for him to render a legal opinion or allow Councilor Pniak-Costello to speak during public input. He continued that Councilor Pniak-Costello wishes to speak as an applicant. Public Input Sue Nimchick, James Street, stated what is the success ratio and has it always been leveraged properly for the betterment of Chicopee? 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. 5 Motion made by Councilor Labrie and second by Councilor Balakier to postpone to the May 29, 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 #5 Minutes – March 27, 2024 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 Shumsky and second by Councilor Balakier to adjourn at 7:35 PM. Roll Call: Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Initials ________ 6