City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 7-31-2024 Members George Balakier, Chair Gary Labrie, Vice-Chair Samuel Shumsky Timothy Wagner Robert J. Zygarowski MINUTES June 26, 2024 The following are the minutes of a public hearing held Wednesday, Wednesday, June 26, 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), Lee Pouliot (Planning Director), Patrick Collins (Assistant Planner) 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 275-51.1 for the purpose of membrane covered structure storage of a boat. Approx – 22 ft – 10 ft. located at 2 Daniel Drive. Applicant-Duane Mitchell, 2 Daniel Drive, Chicopee, MA 01013 Duane Mitchell was present at the meeting. He stated that he would like to have this structure to store his boat. Reports read from the following departments: Building – This structure is very tall and is in the front side yard and it’s a eye sore to the neighborhood. I also believe they have violations with the Health Department. Planning – Property is zoned Residential A. Applicant is looking to install a membrane-covered structure for the purpose of boat storage. Membrane-covered structures are permissible with a Special Permit from City Council under Chapter 275-51.1 and must meet the following conditions: 1 1. In the judgement of the City Council, the visual impact of the structure will not adversely impact the area in which it is located. 2. The use of the structure is consistent with the intent of the district in which the use is located and the general purpose and intent of Chapter 275. 3. The structure complies with the dimensional requirements of the zoning district in which it is located and the requirements of the Massachusetts Building Code. 4. The Special Permit application and site plan shall include the following: a. The structure shall be clearly shown on the site plan b. A rendition of the structure with dimensions (footprint and height) and a description of the construction materials shall be provided Application includes required documents and Planning recommends approval, upon confirmation that Building and Health have no issues with the property. Fire – We have no concerns at this time Lee Pouliot stated that a membrane covered structure is allowed but only through the Special Permit process. Public Input Heidi Christman, 144 Champagne Avenue, stated that she is here to listen. 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. Councilor Labrie asked about setback requirements. Lee Pouliot stated that back accessory structures have a three-foot setback requirement. When constructed, usually there’s a building permit and the Building Commissioner ensures that those are being met. He continued that the map provided for this application is an approximate location. Councilor Labrie stated that it looks like the structure is right on the property line. Councilor Zygarowski asked if there is a limit as to how many membrane covered structures are allowed on one property. Lee Pouliot replied that there is no limit, but it is at the City Councils discretion. 2 Councilor Labrie stated that the membrane covered structure appears to be right on the property line. He also stated that he is concerned about all the other items in the yard, a trailer in the front of the house. The Planning Director mentioned that special permits must meet certain criteria, one is that the visual impact of the structure will not adversely impact the area in which it is located. He continued that when he drove down the street this structure stuck out at him. In his opinion this structure will impact the neighborhood and it does adversely affect that area. Councilor Shumsky stated that in the comments from the Planning Department it stated that they recommend approval if there are no issues with Building and Health and clearly the Building Department has issues with this property. Councilor Wagner stated that when looking at the pictures it will adversely affect the neighborhood. He stated that the committee could postpone this application to give the petitioner time to work on the property. Councilor Labrie stated that he does not feel that the applicant could move the structure anywhere on the property to be in compliance with the 3-foot setback requirement. Mr. Mitchell stated that he could move the structure 3 feet away from the fence. He has moved the trailer to the backyard, and he plans to remove the trailer from the property. He plans to get a shed at some point to store his equipment. Mr. Mitchell is to address the following issues prior to the August 28th Zoning Committee meeting: Move the structure 3 feet off the property line. Address the Building and Health Department issues Attorney Reilly stated that the petitioner needs to submit an email requesting to postpone the meeting until the August 28, 2024 Zoning Committee meeting at 6:30 PM in the Chambers, 4th floor, City Hall Annex. Motion made by Councilor Wagner and second by Councilor Balakier to postpone to the August 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 #2 Special Permit application under Chapter 275-67 due to the fact that the subject parcel is located entirely within the Mill Conversion and Commercial Center Overlay District. The proposed residential development is allowed by Special Permit with the City Council located at 105 East Street. Waivers requested (1) waiver from section 3 275-67(G)(2)(d)(3) for a historical narrative prepared by a preservation consultant (2) waiver from section 275- 67(G)(2)(d)(6) from a traffic impact study. Applicant – PREM, LLC c/o Dennis Patel, 36 Yarmouth Dr., Agawam, MA 01001 Rob Levesque, R Levesque Associates, was present at the meeting representing the petitioner. He stated that the proposal is a 14 residential condominium development. He continued that they took the neighborhood comments and concerns into consideration when they redesigned the project from apartments to condos. First story is living space, living room, kitchen bathroom. Second floor 2 bedrooms and a bathroom. Each unit will be about 1800 square feet. The proposal is to have two-way access for the vehicles coming off of East Street with a one-way exit onto Fuller. Because of the grade levels on the property, 5 of the units can have a drive under garage. Screening the backside of the property from the other adjacent residential properties with arborvitaes. There will also be a retaining wall because of the grade on the property. The following ODRC review comments have been submitted to the committee: 105 East St. – 14-Unit Condominium Community ODRC Review Departmental Comments – June 11, 2024 Planning Department: 1. Provide details of the proposed steps with railings. 2. Provide cut sheets and details of the proposed retaining wall. 3. Consider granite curbing for durability especially during winter plowing season. 4. Consider a mixed evergreen planting along the northern property line to provide more diversity. 5. Consider additional shade or ornamental trees along the Fuller Street and northern side of the project. 6. Work with the Planning Department Staff to enhance the Landscape Plan. 7. Provide plant cultivar names in the planting schedule. 8. Provide details of the outdoor finishes of the buildings. 9. Provide building floor plans indicating the number of bedrooms per unit. 10. Provide a snow management plan. 11. Provide a trash management plan. 12. Site lighting shall be Dark Sky compliant and directed away from abutting residential uses. 13. Erosion control shall consist of silt fencing along with filter socks. 4 Water Department: 14. Please include with construction notes: All materials are subject to our approval and should meet Water Department Specifications as outlined in our “Construction Standards and Materials Specifications.” i.e. Water Mains shall be class 52 ductile iron. All materials shall be new and of the type currently being used by the Chicopee Water Department. This can be found on The City of Chicopee web site under Water Dept. along with Water Department Fee Schedule and Permit Application Documents. 15. On sheet C-6, please include with Construction Notes #3: Chicopee Water Department is a non-member utility of DIGSAFE and you MUST contact us directly 72 hours prior to excavation at 413-594-3420 for water mark outs. 16. Please include with construction notes: All water gate and service valves and hydrants are only to be operated by Chicopee Water Department Personnel. 17. The CWD only permits one meter per parcel. If this property has not been subdivided, it will call for a master meter with one line entering the property. If there is a meter pit, a bypass will be required. The water main layout will need to be changed depending on the subdivision of parcel. Please call Michael Beliveau at 413-594-3420 to set up a meeting to talk about options. 18. Water Service Permit Application Form must be submitted with an updated set of construction plans at a minimum of 10 business days prior to starting water work. 19. A written, stamped letter from a licensed fire engineer depicting the size of the fire line is required. 20. Please contact Michael Beliveau for Water Service Details to add to construction plans at mbeliveau@chicopeema.gov. 21. Plumbing plans are required to be submitted to the Cross Connection Coordinator for cross connection and backflow review. The building will be subject to a plumbing survey upon completion. 22. Backflow Permit must be submitted for backflow inspection. Fire line backflow will need to be tested yearly. 23. Water Main Shutdown Requests must be submitted in writing to Assistant Superintendent Michael Beliveau, (mbeliveau@chicopeema.gov) at a minimum of 5 business days. The contractor is responsible for notifying affected residences/businesses at a minimum of 2 business days ahead of time. Fire Department: 24. There shall be no mulch within 18” of the buildings as they are wood framed. 25. Provide 4” storz connections for the FDC. 26. Provide a turning radius analysis showing that a fire engine will be able to exit onto Fuller St. 27. Provide a Bi-directional Amplifier. 5 28. Provide a NFPA 241 Construction Safety Plan. 29. Provide Sprinkler and Alarm Plans. 30. The Fire Department recommends that “No Parking” signs be placed along Fuller St. as the street is only 20’ wide. Water Pollution Control: 31. Developer will be required to submit an stormwater permit application. 32. The stormwater cannot tie into the combined system without a more robust infiltration system. 33. WPC defers additional comments to the City Engineer. Community Development: 34. Community Development is comfortable with the site plans. 35. Community Development does support the creation of housing units, especially homeownership in response to the existing statewide crisis. 36. Community Development requests the City consider requiring 10% of new units to be affordable for future projects. Assessors: 37. Assessors recommend approval. Electric Light: 38. CEL can utilize P-14 East Street and add a pole on the proposed project property for a fee. CEL can feed overhead to the new pole from P-14 East Street and the electrician can go underground from the new pole. 39. CEL will need a load size when it is available. Conservation Commission: 40. There are no Conservation Commission jurisdictional areas on the project property. Commission of the Disabled: 41. The Commission for the Disabled is always concerned with ACCESS and SAFETY for persons with disabilities, and recommends proper access, automatic systems such as entrance doors and facilities which are reachable and useable easily by wheelchair bound or otherwise incapacitated individuals. On elevators and other appropriate sites, accommodation of sight-limited persons using raised finger readable attachments and an awareness of any limitations and ADA required facilities accommodations. Whatever can be done during the new construction is the best time. 42. The Commission of the Disabled is also available to advise anytime with the latest ADA recommendations; many up to date requirements are expected to be available sometime in September 2024. 6  Engineering Department: 43. The Stormwater Drainage Report computations submitted use 24-hour rainfalls from Technical Paper 40 (1961). The computations should be revised to use the 24-hour rainfall amounts from NOAA Atlas 14, Volume 10 / National Resources Climate Center (NRCC). (3.12, 5.01, 6.21, and 8.05 inches for 2, 10, 25 and 100-year storms, respectively for 105 East Street). 44. No ADA ramps shall be provided at the entrances from East Street nor Fuller Street. The sidewalks must be continuous through the access drives. Driveway aprons must be used between the roadway and the sidewalk. The sidewalk shall be 6” through the drivable portions at the entrances and follow City standards. Detectable warning strips shall not be used at entrance / exit driveways per Access Board R221 Public Right of Way Accessibility Guidelines (PROWAG). 45. The driveway widths as noted on the plans shall be maintained through all sidewalks and sidewalks must be continued through the access driveways as previously noted above. 46. The 20’ radii shown on each side of the East Street driveway entrance may not be allowed. The Fire and Engineering Departments will determine the proper berm radius. 47. The plans show an overflow from the drainage infiltration system and two catch basins that would flow directly into the combined sewer in East Street. This is not allowed. There can be no connection of new storm drainage to any combined sewer. 48. East Street is under a 5-year paving moratorium. The road shall be milled and paved for the full width of the road past the limits of any trenching into East Street. Line striping shall also be done to match existing striping. The length of resurfacing shall extend a minimum of 20’ past the limits of trenching in either direction along East Street. The minimum length of road to be resurfaced shall be approved by the City Engineer. 49. The Contractor shall obtain a Street Occupancy Permit through the DPW Engineering Department prior to any work within the right-of-way of East Street, Fuller Street or Linden Street. Police Department: 50. Recommends approval with the following modification: Remove the exit to Fuller Street since Fuller Street is one-way and very narrow. Vehicles parking on Fuller Street make it very difficult for emergency vehicles. Building Department: 51. The Building Department submitted an email stating they have no comments. School Department: 52. The School Department did not submit any comments to the Planning Department. Lee Pouliot provided a quick overview of the process of approval a project through the Mill Conversion and Commercial Center Overlay District. The first step in the process is that a draft submission, which includes a narrative report and a plan set, is submitted to the planning department for an initial review. The planning staff confirms that all of the requirements that are detailed in the overlay district ordinance chapter, have been met by the draft submission. If not, we request revisions, until everything is satisfied. The applicant then can submit 7 the special permit application to the City Council. When it hits your agenda, you refer it to your Zoning Committee, and to the Overlay District Review Committee, which is all of the reviewing departments as detailed in the ordinance. So, in this case, because it's no conversion and overlay, the Mill Conversion Overlay District, in addition to the traditional department that would review site plans for the planning board, we add the Assessors, and the school department to these projects. In addition, the Assessors are there to look at what the tax benefits are of the project, as that's a narrative requirement for, an application. When planning receives the referral for the Overlay District Review Committee they organize that meeting; they send the plans out. And when they have an informal roundtable review with the representatives from each of the departments, they submit formal comments to the planning department, which generates the report. That's before you tonight. Where this project, deviates significantly from traditional site plan review is that there's only one shot at review for the applicant and the design package, which is why you have a report with about 50 comments in it. Under Site Plan review with the planning board they split it into a preliminary, or sort of conceptual review first, which typically sees a report that has more comments, and then a definitive submission, as a second step, where the initial comments are reviewed. And then there's a much smaller report that is usually generated, with the final details that would allow the project to move forward, with building permits. Because the applicant only has one shot. At the review with the committee, you see a report of everything that the departments, would like to see addressed in, in the project. However, I will say I have reviewed this, there's nothing in here, that are beyond design and engineering details that either need to be edited or refined to allow this project to be constructed. So don't be concerned that there are 50 comments. Just know that the Overlay Review Committee reviewed one set of plans, with no opportunity for them to see it a second time. With that said, on past projects that have come through, some examples of those, in recent memory would be the assisted living facility next to the senior center that was permitted as a Mill Conversion Commercial Overlay project, the former Belcher School, also in this neighborhood. Generally speaking, what I recommend from a planning perspective is that if the committee is looking to make a recommendation this evening that the ODRC review comments, be adopted as conditions of approval. Our process, in the past, has been that, you add, two additional, conditions to an approval. The first would be that the applicant, submit revised plans addressing these comments to the planning department for review, and that when, all comments have been addressed, that the director, submits a letter to the City Council office confirming that all conditions have been met to officially release the special permit. So the special permit does not get released until the plans have been revised to satisfactorily meet all the conditions that the ODRC noted. That process has worked well in the past. And I expect it to work well here. I would also just, from a planning perspective, just like to note that the process that we've been through on this particular property is an infill or redevelopment project. Public Input Dan Roy, 86 East Street, stated that he is very happy with what is being proposed. 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. 8 Motion made by Councilor Labrie 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. CONDITIONS Permit to run with the land Submission of revised plan to the Planning Department All departmental requirements (as referenced in the attached ODRC Review Departmental Comments dated June 11, 2024) and regulations shall be satisfied prior to the issuance of the Special Permit as evidenced by a written communication sent to the City Council by the Director of Planning confirming that the requirements and regulations have been met to the satisfaction of our Director of Planning. (See below) 105 East St. – 14-Unit Condominium Community ODRC Review Departmental Comments – June 11, 2024 Planning Department: 1. Provide details of the proposed steps with railings. 2. Provide cut sheets and details of the proposed retaining wall. 3. Consider granite curbing for durability especially during winter plowing season. 4. Consider a mixed evergreen planting along the northern property line to provide more diversity. 5. Consider additional shade or ornamental trees along the Fuller Street and northern side of the project. 6. Work with the Planning Department Staff to enhance the Landscape Plan. 7. Provide plant cultivar names in the planting schedule. 8. Provide details of the outdoor finishes of the buildings. 9 9. Provide building floor plans indicating the number of bedrooms per unit. 10. Provide a snow management plan. 11. Provide a trash management plan. 12. Site lighting shall be Dark Sky compliant and directed away from abutting residential uses. 13. Erosion control shall consist of silt fencing along with filter socks. Water Department: 14. Please include with construction notes: All materials are subject to our approval and should meet Water Department Specifications as outlined in our “Construction Standards and Materials Specifications.” i.e. Water Mains shall be class 52 ductile iron. All materials shall be new and of the type currently being used by the Chicopee Water Department. This can be found on The City of Chicopee web site under Water Dept. along with Water Department Fee Schedule and Permit Application Documents. 15. On sheet C-6, please include with Construction Notes #3: Chicopee Water Department is a non-member utility of DIGSAFE and you MUST contact us directly 72 hours prior to excavation at 413-594-3420 for water mark outs. 16. Please include with construction notes: All water gate and service valves and hydrants are only to be operated by Chicopee Water Department Personnel. 17. The CWD only permits one meter per parcel. If this property has not been subdivided, it will call for a master meter with one line entering the property. If there is a meter pit, a bypass will be required. The water main layout will need to be changed depending on the subdivision of parcel. Please call Michael Beliveau at 413-594-3420 to set up a meeting to talk about options. 18. Water Service Permit Application Form must be submitted with an updated set of construction plans at a minimum of 10 business days prior to starting water work. 19. A written, stamped letter from a licensed fire engineer depicting the size of the fire line is required. 20. Please contact Michael Beliveau for Water Service Details to add to construction plans at mbeliveau@chicopeema.gov. 21. Plumbing plans are required to be submitted to the Cross Connection Coordinator for cross connection and backflow review. The building will be subject to a plumbing survey upon completion. 22. Backflow Permit must be submitted for backflow inspection. Fire line backflow will need to be tested 10 yearly. 23. Water Main Shutdown Requests must be submitted in writing to Assistant Superintendent Michael Beliveau, (mbeliveau@chicopeema.gov) at a minimum of 5 business days. The contractor is responsible for notifying affected residences/businesses at a minimum of 2 business days ahead of time. Fire Department: 24. There shall be no mulch within 18” of the buildings as they are wood framed. 25. Provide 4” storz connections for the FDC. 26. Provide a turning radius analysis showing that a fire engine will be able to exit onto Fuller St. 27. Provide a Bi-directional Amplifier. 28. Provide a NFPA 241 Construction Safety Plan. 29. Provide Sprinkler and Alarm Plans. 30. The Fire Department recommends that “No Parking” signs be placed along Fuller St. as the street is only 20’ wide. Water Pollution Control: 31. Developer will be required to submit an stormwater permit application. 32. The stormwater cannot tie into the combined system without a more robust infiltration system. 33. WPC defers additional comments to the City Engineer. Community Development: 34. Community Development is comfortable with the site plans. 35. Community Development does support the creation of housing units, especially homeownership in response to the existing statewide crisis. 36. Community Development requests the City consider requiring 10% of new units to be affordable for future projects. Assessors: 37. Assessors recommend approval. Electric Light: 38. CEL can utilize P-14 East Street and add a pole on the proposed project property for a fee. CEL can feed overhead to the new pole from P-14 East Street and the electrician can go underground from the new pole. 11 39. CEL will need a load size when it is available. Conservation Commission: 40. There are no Conservation Commission jurisdictional areas on the project property. Commission of the Disabled: 41. The Commission for the Disabled is always concerned with ACCESS and SAFETY for persons with disabilities, and recommends proper access, automatic systems such as entrance doors and facilities which are reachable and useable easily by wheelchair bound or otherwise incapacitated individuals. On elevators and other appropriate sites, accommodation of sight-limited persons using raised finger readable attachments and an awareness of any limitations and ADA required facilities accommodations. Whatever can be done during the new construction is the best time. 42. The Commission of the Disabled is also available to advise anytime with the latest ADA recommendations; many up to date requirements are expected to be available sometime in September 2024. Engineering Department: 43. The Stormwater Drainage Report computations submitted use 24-hour rainfalls from Technical Paper 40 (1961). The computations should be revised to use the 24-hour rainfall amounts from NOAA Atlas 14, Volume 10 / National Resources Climate Center (NRCC). (3.12, 5.01, 6.21, and 8.05 inches for 2, 10, 25 and 100-year storms, respectively for 105 East Street). 44. No ADA ramps shall be provided at the entrances from East Street nor Fuller Street. The sidewalks must be continuous through the access drives. Driveway aprons must be used between the roadway and the sidewalk. The sidewalk shall be 6” through the drivable portions at the entrances and follow City standards. Detectable warning strips shall not be used at entrance / exit driveways per Access Board R221 Public Right of Way Accessibility Guidelines (PROWAG). 45. The driveway widths as noted on the plans shall be maintained through all sidewalks and sidewalks must be continued through the access driveways as previously noted above. 46. The 20’ radii shown on each side of the East Street driveway entrance may not be allowed. The Fire and Engineering Departments will determine the proper berm radius. 47. The plans show an overflow from the drainage infiltration system and two catch basins that would flow directly into the combined sewer in East Street. This is not allowed. There can be no connection of new storm drainage to any combined sewer. 48. East Street is under a 5-year paving moratorium. The road shall be milled and paved for the full width of the road past the limits of any trenching into East Street. Line striping shall also be done to match existing striping. The length of resurfacing shall extend a minimum of 20’ past the limits of trenching in either direction along East Street. The minimum length of road to be resurfaced shall be approved by the City Engineer. 49. The Contractor shall obtain a Street Occupancy Permit through the DPW Engineering Department prior to any work within the right-of-way of East Street, Fuller Street or Linden Street. 12  Police Department: 50. Recommends approval with the following modification: Remove the exit to Fuller Street since Fuller Street is one-way and very narrow. Vehicles parking on Fuller Street make it very difficult for emergency vehicles. Building Department: 51. The Building Department submitted an email stating they have no comments. School Department: 52. The School Department did not submit any comments to the Planning Department. Motion made by Councilor Shumsky and second by Councilor Balakier to approve Waiver #1 waiver from section 275-67(G)(2)(d)(3) for a historical narrative prepared by a preservation consultant 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 Waiver #2 waiver from section 275-67(G)(2)(d)(6) from a traffic impact study. Roll Call: Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Item #3 Minutes – May 29, 2024 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 13  Shumsky X Wagner X Zygarowski X Motion passed. Item #4 Adjournment Motion made by Councilor Shumsky and second by Councilor Balakier to adjourn at 7:27 PM. Roll Call: Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Initials ________ 14