City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 6-26-2024 Members George Balakier, Chair Gary Labrie, Vice-Chair Samuel Shumsky Timothy Wagner Robert J. Zygarowski MINUTES May 29, 2024 The following are the minutes of a public hearing held Wednesday, Wednesday, May 29, 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 (arrived 6:37), Zygarowski Also Present: Timothy Reilly (Associate City Solicitor) 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)(4) for the purpose of a liquor license located at 108 West St. Applicant – DingBin Chen, 1 Edward St., Wilbraham, MA 01095 Ms. DingBin Chen was present at the meeting. She stated that she is looking to open a restaurant and serve alcohol. This is her second restaurant as she currently operates a restaurant in Palmer. Reports read from the following departments: Planning Department – Property is zoned Business A; eating and drinking places with the consumption of alcohol in Business A districts require a Special Permit under 275-58 (C)(4). Applicant is looking to obtain a liquor (all alcohol) license for the consumption of alcohol, this requires a Special Permit. Planning recommends approval of the Special Permit. Building – no comments Fire – We would like to do a walk-through inspection of the entire building 1 Engineering – No Engineering Department comments Councilor Balakier asked if anyone would like to speak on this item from the public either in the Chambers 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 Labrie asked the hours the restaurant will operate. Ms. Chen replied 11 AM to 9:30 PM. Conditions Fire Department to do a walk-through inspection of the entire building Permit to run with the applicant 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. Item #2 Zone Change application from Business A & Residential A to Residential B with Mill Conversion and Commercial Center Overlay for the entirety of property located at 0 Chicopee St. & 445 Chicopee St. (Parcel ID 0442-00091 & 0442-00090) for the purpose of creating one contiguous zoning district by extending the Residential B zoning district to the entirety of both parcels and adding the Mill Conversion and Commercial Center Overlay for the purpose of a proposed residential development. Applicant – Chicopee Property Management, LLC c/o Risa Teall, 112 East St., Granby, MA 01033. Rob Levesque from R Levesque Associates was present at the meeting representing the applicant. He stated that the property is zoned Business A and Residential A, and the request is to make it all Residential B. This will allow the property owner to pursue residential. In addition to the underlaying zoning to be all Residential B, in 2 speaking with the Planning Department they thought that the Mill Overlay District would allow additional flexibility which is also requested in this application. Councilor Balakier read the recommendation from the Planning Board. The Planning Board voted 3 in favor and 2 opposed to the Zone Change request. The Planning Board voted 3 in favor and 2 opposed on the Mill Conversion and Commercial Center Overlay District. Public Input Mike Joslyn, 192 Empire Street, stated that he and his wife are opposed to this application. The proposal is to put in five duplexes across the street from him and that poses an issue on the value of his property. There are only single-family homes in the area. It also poses a security issue. Multi-family homes have a tendency of changing residents time and time again. Every City has issues with not enough housing. He also stated that he used to deliver fuel to this property and they had leaky tanks. There is contaminated soil unless they produce paperwork that it isn’t. He is asking that Empire Street be left Residence A for property value, security and traffic. Serge ? 174 Empire Street stated that Empire is a busy street right now. It’s nicely paved and it’s like a highway and adding additional families to the street is not a good idea. He believes it should stay Residence A. Most of the houses are single family on the street. She is not opposed to developing the land, but it should remain single family homes. Most multi-family homes are not owner occupied. Carol Sliwa, 66 Cora Avenue, stated that the petitioner didn’t intend to ask for the overlay designation, but it was suggested by the Planning Department. The flood gates will be opened if the property is granted the overlay. The property is not a mill and never was a mill. The petitioner stated for greater flexibility of the project the overlay is requested but greater flexibility could put anything there. She read the ordinance, and the overlay goes through the City Council for approval but Ward 3 only has one Councilor who could be out voted. Daniel Slowik, 32 Cora Avenue, stated that security is a concern for him. Just a couple of days ago there was a robbery at the convenience store across the street from this property. He stated that he has small children and is concerned about security. 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 he is surprised that this property has not been picked up by someone in the past. He said he visited the property and it’s a mess and a hazard. It would be nice if it was a small store and kept it a business. He does not like the idea of Residence B zone. If it is kept Business zoned anything allowed in that zone could come in and be running trucks in the backyard. 3 Councilor Wagner stated that he lives in a 5 unit building and there are single family homes in the area also. People need to live in homes and where he lives now there is a healthy mix of single family homes and multi- family homes and everybody has been perfectly respectable and there hasn’t been any issues with any of the neighbors. People maintain their properties and he wonders what that says if multi-family homes are criticized. He stated that he does not have issues with the Residence B request but may have a problem with the Mill Conversion district. He further stated that anything that goes in under a Mill Conversion district has to go through a Special Permit process. It gives a good deal of control over what happens in that area. Rob Levesque stated that there is no specific plan in place right now. The property is currently split and not conducive to do anything right now. The property would be turned into ANR lots. The Mill Conversion proposal is a tool to do something creative. They are not attempting to push for duplexes. With the Residence B zone it would create one additional lot. Councilor Labrie stated that the Mill Conversion aspect is a safeguard because of the Special Permit component. Motion made by Councilor Wagner and second by Councilor Balakier to approve the zone change request from Business A & Residential A to Residential B. 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 Mill Conversion and Commercial Center Overlay District. 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 Residential A to Residential B for 13,620 SF of property located at 0 Montgomery St. (Parcel ID 0230-00033) for the purpose of constructing a duplex. Applicant – Erik Govoni, 94 Montgomery St., Chicopee, MA 01013 4 Erik Govoni was present and stated that he owns the 3 family home. There used to be a single family closer to the street, but it was torn down and the foundation was removed and by doing that it was no longer grandfathered. He stated that with all the housing issues going on he would like to build a duplex. He has plenty of space for parking because of the size of the property. Councilor Balakier read the recommendation from the Planning Board which was a unanimous favorable recommendation. Councilor Balakier asked if anyone would like to speak on this item from the public either in the Chambers or on zoom. 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 Labrie stated that he received a call from a neighbor who is concerned about how close to his property line the duplex would be built. Mr. Govoni stated that there is a whole strip of property in between with a good 40 feet. The duplex will be on the other side of the lot not on the side abutting the neighbor’s property. Councilor Labrie asked the applicant if he is aware that he will have to come back for a variance for the 40-foot frontage. Applicant stated that he is aware. Councilor Labrie asked if the applicant is planning to remain on the property. Mr. Govoni stated that he plans to move into one of the new duplexes. 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 #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). 5 Mary Beth Pniak Costello was present and stated this was filed in conjunction with Councilor Dobosz in trying to piggyback what was happening on the moratorium on Burnett Road. This was to model that particular moratorium based on the fact that there were concerns on James Street in regards to, traffic and possibility of overdevelopment. Councilor Balakier distributed the following maps provided by the Planning Department. 6 Councilor Balakier read the recommendation from the Planning Board which received a negative vote at the Planning Board meeting on March 14, 2024. Councilor Balakier stated that the first map has the total number of parcels on James Street; which are Business is 4 and Residential is 35. Split zoned is 2. Number of developmental parcels is 0. The second map shows the total number of parcels on streets appartement to James Street is 333. Attorney Reilly stated that case law says that if you want to do a moratorium there are 3 criteria that have to be met- interim zoning so it can only be imposed if it’s a stopgap or an imminent permanent amendment to the zoning amendment. He continued that the Burnett Road moratorium has been renewed every year for about 24 or 25 years and it’s never been challenged. Case law says it has to be interim, stop gag in other words the City needs a plan for the change for whatever you want changed, and it’s got to be in the process. Councilor Shumsky asked the petitioner if there are no parcels affected by this proposed ordinance why file it? Mary Beth Pniak-Costello stated that there were 2 parcels on James Street that were in play. Part of this was to have a discussion on this and have the Planning Department do research to determine if a moratorium is a good idea. Is it a good idea to allow future businesses with a zone change request to have a moratorium? Maybe there is no parcel now to develop but there could be with a zone change request. Public Input 7 Rob Levesque from R Levesque Associates stated that he is the representative for the project at the corner of Memorial Drive and James Street. He continued that there are a couple of items in this particular proposal that are unclear. He stated that they have an application with the Planning Board which was approved. As part of those conditions from the Planning Board they requested that the petitioner go through MassDOT process. They are currently in the MassDOT process for the commercial development. He asked what is the intent if there are no commercial properties for development. He also stated that if traffic is a concern in this area that it’s controlled by MassDOT because it’s within MassDOT right of way. If the proposed moratorium is to effect a moratorium on zone changes that would be prohibiting a public process or is it a moratorium on development of commercial properties. Mary Beth Pniak-Costello stated that she is requesting that this be withdrawn. 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 Wagner and second by Councilor Balakier to allow the applicant to withdraw. 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 – April 24, 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. 8 Item #6 Adjournment Motion made by Councilor Zygarowski 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. Initials ________ 9