City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 10-30-2024 Members George Balakier, Chair Gary Labrie, Vice-Chair Samuel Shumsky Timothy Wagner Robert J. Zygarowski MINUTES August 28, 2024 The following are the minutes of a public hearing held Wednesday, August 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 Also Present: Timothy Reilly (Associate City Solicitor), Lee Pouliot (Planning Director, zoom), Patrick Collins (Assistant Planner, zoom) Glenson Edwards (IT) 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 his family has been working on improving the property. He presented to the committee pictures of his property. Councilor Balakier stated that he spoke with the Building Department and was told that there are concerns. Councilor Balakier asked if there is anyone wishing to speak on this matter. Hearing none. Motion made by Councilor Shumsky and seconded by Councilor Balakier to close public input. Roll Call: Councilor Yes No Absent Abstained Out of Chair Balakier X 1  Labrie X Shumsky X Wagner X Zygarowski X Motion passed. Councilor Labrie stated that it looks like everything that has been requested of the applicant has been accomplished and it looks good. Councilor Wagner stated that it looks good. The applicant did a good job cleaning up the property. Councilor Shumsky thanked the family for cleaning up the property. Councilor Balakier asked if the boat will be stored in the fall and winter. Mr. Mitchell stated that that is his plan. This year they were not able to take the boat out because they were busy cleaning the property. Conditions Permit to run with the applicant Motion made by Councilor Labrie and seconded 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 #2 Zone Change from Res A to Res B for +/- 12,778 SF of property located at 586 Montgomery St. for the purpose of converting to 2 family. Applicant – Valerie Duprey, Ronald Sagan, 586 Montgomery St., Chicopee, MA 01020 Valerie Duprey was present at the meeting. She stated that this addition to the home was added in 1999 for her mom and disabled brother. Since that time her mom and brother have passed away and she would like to rent out this area. Councilor Balakier read the Planning Board recommendation into record. The Planning Board met on July 11, 2024 and voted in favor of approving the zone change request. Councilor Balakier asked if anyone wishes to speak on this matter from the public in the room or on zoom. Hearing none. 2 Motion made by Councilor Labrie and seconded 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 Zygarowski and seconded 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 Zone Change application from Business A to Residence A for 7,378 SF of property located at 1230 Montgomery St. for the purpose of single-family residence. There is no business here. Applicant – Donald J. Ruel, 72 Parenteau Ct., Chicopee, MA 01020. Donald Ruel and Robert Wojtczak were present at the meeting. Mr. Wojtczak stated that there are 3 family homes on either side of this property. There is no business on this property. Councilor Balakier read the Planning Board recommendation into record. The Planning Board met on July 11, 2024 and voted in favor of approving the zone change request. Councilor Balakier asked if anyone wishes to speak on this matter from the public in the room or on zoom. Hearing none. Motion made by Councilor Labrie and seconded 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. 3 Councilor Labrie asked if this project will require a variance because of the lot size. Patrick Collins stated that a variance will be required through the Zoning Board of Appeals. Motion made by Councilor Wagner and seconded 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 delete in its entirety Chapter 275-66A Burnett Rd. and insert new language for Chapter 275-66A Burnett Road Special Permit process. Complete text available in the City Council Office. Applicant - Councilor Samuel Shumsky (Ward 6), City Council Office, City Hall Annex, 274 Front St. Chicopee, MA 01013. Councilor Shumsky stated that he is asking for support for the Burnett Road mortarium. This ordinance has been on the books for 25 years and the cause for this was due to traffic and speed concerns on Burnett Road. He understands that there is traffic and speed concerns throughout the City, but this ordinance was specifically dedicated to Burnett Road just due to it being a school zone and the way the road is designed and resident’s concerns. He continued that his job is to address resident’s concerns. He does agree that there is traffic and speeding concerns that need to be addressed. Since being elected he has sat down with the Planning Director and City Engineer to try and figure out a way to permanently solve these issues and until there is a working concept that the Council is comfortable with he is asking for support of this ordinance. Councilor Labrie asked if Councilor Shumsky will be looking to reduce speeding. Councilor Shumsky stated once the Planning Director returns, he will sit down with him, the Mayor, and the City Engineer to try and come up with some solutions. We have talked about a few in regard to speed tables and narrowing streets and one of the things that we can do is obtain a grant. Councilor Balakier read the Planning Board recommendation regarding this matter. The Planning Board met on August 1, 2024 and voted to deny. Lee Pouliot stated that zoning moratoriums are a legal zoning mechanism by which you can temporarily halt development to address a particular need, or issue, in a particular area or across a community as a whole. In the case law that he’s been able to review, generally speaking, the Massachusetts courts have upheld moratoriums that have had a lifespan of anywhere between a few months to a maximum of five years which is why he believes when this was first, approved back in the 90s, it had an annual lifespan and then needed to be renewed, but effectively, it's functioned, in the same manner. Councilor Shumsky and Lee have had a number of conversations 4 about what the real issues are on Burnett Road and have really dug into the question of whether or not his moratorium is effectively addressing the problem, and he believes that they both agree that it is not. It’s unrealistic that any zoning code or moratorium is going to change the traffic volume that exists on Burnett Road being that it’s a primary corridor. It connects Ludlow to Chicopee and offers access to the Mass Turnpike. As Councilor Shumsky mentioned one of the things that we’ve discussed is looking at doing some planning work, to rethink the right of way to slow traffic speeds and to think about street strategy to increase pedestrian, and even bicycle traffic and reducing the amount of space available for automobiles. It will require some funding and whether or not that comes from grant proposals or an appropriation request of the full City Council. He stated that he is glad to work with Councilor Shumsky in the hopes that we can put this moratorium to rest permanently. Councilor Labrie asked if the road is redesigned will a moratorium still be needed. Lee Pouliot stated that in looking at GIS maps there is really only one parcel that is affected by this moratorium. He further stated that the committee understands that the existing traffic volumes that are out there today are here to stay because none of that development is going to ever leave the neighborhood. Councilor Shumsky and he have focused on this existing volume of traffic that we need to address, and it sounds like the real concern is speed. This is really a design and engineering question. How can the road be better laid out to control speed. Councilor Zygarowski asked about the cost to do this. Lee Pouliot stated that to do planning and analysis it will cost between $50,000 and $75,000. Councilor Wagner stated that speed has been identified as the issue. He also stated that the City has lost hundreds of thousand of dollars in property tax revenue. He feels that this moratorium is not doing anything except stymieing development. He stated that he was elected to do what we feel is right and he has not heard how the moratorium has changed speeding. It is not good for the City. Councilor Shumsky stated that he has lived off Burnett Road for the last 16 years. He grew up there and went to school there. He was never allowed to walk or ride his bike on Burnett Road. It seems that the moratorium just keeps getting passed every year and no one has really addressed the issues. He is trying to address the real issues. Councilor Wagner stated that he has not heard one actual concrete reason why this moratorium is stopping speeding. Attorney Reilly stated that he can give the case law as it relates to moratoriums. It’s the core of the Arlington case from 1975. Basically, there are three issues about moratoriums; 1) the court ruled that it must be a stopgap measure for a permanent amendment to zoning 2) it has to be adopted as a zoning ordinance 3) it has to be for a finite duration. If the goal is to stop all commercial development without a plan to amend the zoning act, it’s not an appropriate vehicle. Councilor Balakier stated that he and Councilor Zygarowski worked on the speeding issue on Front Street. It took four years to finally get it straightened out. Front Street is a different layout than Burnett Road, but he believes that it has helped. 5 Councilor Balakier asked if anyone wishes to speak on this matter from the public in the room or on zoom. Hearing none. Motion made by Councilor Labrie and seconded 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 seconded 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 #5 Minutes – July 31, 2024 Motion made by Councilor Zygarowski and seconded 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 seconded by Councilor Balakier to adjourn at 7:35 PM. Roll Call: Councilor Yes No Absent Abstained Out of Chair Balakier X 6  Labrie X Shumsky X Wagner X Zygarowski X Motion passed. 7