City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 9-24-2025 Members George Balakier, Chair Gary Labrie, Vice-Chair Samuel Shumsky Timothy Wagner Susan Goff MINUTES August 27, 2025 The following are the minutes of a public hearing held Wednesday, August 27, 2025 at 6:30 PM in the Auditorium, 3rd floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013 and via Zoom. Members Present: Balakier, Labrie, Shumsky, Wagner, Goff Also Present: Timothy Reilly (Associate City Solicitor), Lee Pouliot via zoom (Planning Director) The meeting was called to order at 6:30 PM Item #1 BE IT ORDERED THAT the Church of God, 993 Chicopee Street, be called before the City of Chicopee Zoning Committee and City Council to discuss the Special Permit held by the Church of God including compliance with restrictions imposed upon any Special Permit held by the Church of God. The Council may modify, suspend, fine, or revoke any Special Permit held by the Church of God. Violations: Not following 8 second pause or delay. Michele Cropanese was present at the meeting. Councilor Wagner stated that he helped the church to come into compliance with their conditions. The manufacturers’ instructions are not correct. He was able to change the message to stay stagnant for 8 seconds before it changes to the next message. He was unable to fix the issue of the bursting stars that appear on the display. It’s momentary flashes of LEDs that he was unable to disable. He also stated that he is not aware of any ordinance violation that arose from any of the flashing stars. As he understands it that’s not out of compliance with the ordinance. Michele Cropanese provided a video on her phone of the sign which is now in compliance. Councilor Balakier stated that he spoke with the Building Commissioner who is the Zoning enforcement officer and he mentioned that the 8 second delay has been addressed but he did mention the brightness/flash. Councilor Wagner stated that for legal purposes of the order the only thing mentioned is the 8 second delay. 1 Councilor Balakier asked if anyone wishes to speak on this item from the public either in the Auditorium or on zoom. Hearing none. Motion made by Councilor Wagner 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 Goff X Motion passed. Motion made by Councilor Wagner and seconded by Councilor Balakier to place on file. Roll Call: Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Goff X Motion passed. Item #2 Zone Change application from Business A to Res A for 0.402 acres of property located at 0 Prospect St #Lot1B (Parcel ID 0688-0026A) for the purpose of single-family home. Applicant – DCL Construction, David Labrie, 187 Nelson St., Chicopee, MA 01013. David Labrie was present at the meeting. He stated that he is proposing to construct a single-family home. The lot has been for sale for many years and has been a nuisance. There is a two-car garage that is dilapidated. The current owner has been trying to sell it as a commercial property. It’s a very small property for any type of commercial use. After speaking with the Planning Director this seems like the right thing to do to change it to residential use. Councilor Balakier read the Planning Board recommendation. The Planning Board voted 3 in favor and 1 abstention. Lee Pouliot stated that this is at the end of the Willow Street development that occurred a number of years ago. It has been on the market for a very long period of time for business development. Planning has interacted with 2 a few individuals that have looked at it, but no project has ever moved forward. The Planning Board felt that the zone change to Residential A would be consistent with what has occurred around this parcel. Public Input John Bealieau, 20 Willow Street, stated that he is a direct abutter to this property. He is representing the neighborhood tonight and stated that the neighborhood is in favor of this zone change request. 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 Goff X Motion passed. Councilor Labrie stated that even though he and the applicant share the same last name they are not related. 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 Goff X Motion passed. Item #3 Special Permit application under Chapter 275-40 G (2) & 7) for the purpose of flexible parking standards to reduce the required parking spaces from 21 to 18 located at Chicopee Street (Parcel ID 0582-00001&2 parking easement & 0582-00004). Applicant – Nova Home Improvements, Inc., Gleb Leiderman, 764 Springfield St., Feeding Hills, MA 01030. Lisa Narkiewicz, Heritage Land Surveying & Engineering, Inc., was present via zoom representing the applicant. She stated that the applicant is proposing to build a three-story building with a laundry mat on the first floor and 10 dwelling units. With the amount of business space and dwelling units, the zoning requires 21 parking spaces. The parking for the site is not located on this site. The owner has an easement agreement with the abutting parcel, which contains an existing two-family dwelling which is 20 Blanche Street and the parking is on 3 either side of the apartment building. The applicant is proposing to have the building laundromat on his parcel and then utilize the easement agreement with the parking spaces. 22 parking spaces are required and the easement allows for the 4 parking spaces. That leaves 18 remaining parking spaces for the development, which will be 3 less than the zoning requirement. According to the flexible standards one of the ways that you can state that all the parking is not needed is if there is a bus route which is there right in front of the proposed building on Chicopee Street. Reports read from the following departments: Planning – Property is zoned Central Business District. Applicant is looking to obtain a Special Permit to allow for the reduction in required number of parking spaces for the proposed building, as determined by the City Council under 275-40(G)(2) and 275-40(G)(7). Applicant intends to provide eighteen (18) parking spaces for proposed laundromat and ten (10) dwelling units, as well as four (4) spaces for the existing two-family dwelling on site. Planning notes that the proposed laundromat is likely to draw patronage from proximally located residents, reducing the potential of a wider range of customers outside of the local area, and therefore, reducing the need of parking spaces required by formula. Planning recommends approval of the Special Permit. Engineering – The Engineering Department does not object to the reduction of the number of parking spaces (by three) in concept. Details of the project and the parking areas will be reviewed through SPRAC. Fire – We have concerns with a parking waiver being issued. We understand that there is an existing easement in place allowing for parking. Is this easement going to remain in place for the life of the building? Blanche Street currently allows for parking on only one side of the street. With 10 units and a business there will be inadequate parking. Building – nothing Collector’s Office – Outstanding Real Estate Taxes $2,196.59 Lee Pouliot stated that the applicant has been working with the Planning Department on this property close to ¾ of a year now to prepare for redevelopment. It was split zone between Central Business District and Business A. A zone change recommended by the Planning Board and approved and granted by the City Council. The second step was to receive relief through the Zoning Board of Appeals because in Central Business District, there is language that prohibits first floor residential units in a mixed-use building with the Central Business District. The Zoning Board of Appeals granted the relief which would allow for the two or three residential units that are proposed for the first floor behind the first-floor laundromat to be constructed. The next step before getting into SPRAC and Planning Board review is this relief for the three parking spaces that the applicant can’t meet based on formula. There is an easement in place between the two properties. The easement predates both of the current owners. Lee stated that upon reading the easement it appears ironclad and permanent, meaning it can’t exist by any party. Planning has very little concern that there would be any additional traffic or parking congestion in this neighborhood because of a lack of three spaces per the 1970s formula that is in the zoning code. They would prefer that the vacant parcel be developed. The proposed mixed-use structure is consistent with developments around it. 4  Councilor Wagner stated that last year the applicant came in for a Special Permit for storage containers and a condition on that permit was to clean up the property. Lee Pouliot stated that if there is a violation of that Special Permit that would fall under the Building Commissioner to enforce. Councilor Wagner also stated that given the current state of the property the Building Commissioner offered no comment. Public Input Anthony Perla, 27-33 Blanche Street, stated that there isn’t enough parking on the street. He cannot get market rate of his 5 units. A fire truck was stuck on the street and an ambulance couldn’t get to the hospital. The applicant is now renting out space for pigeons and they are disgusting. There are dead birds and congestion. Christine Raczkowski stated that she is representing her son Dariusz Raczkowski. She stated that they have a problem. They never checked the deed. The new owner threatened them and she doesn’t know why. 20 years ago it was a quiet street now it’s very busy. She asked the Health Department to look at the pigeons. The pigeons were supposed to be moved by today and they are still there. Michael stated that there is a nuisance hazard. This proposal doesn’t meet criteria and it will have a negative impact on the neighborhood. Tenants want to move out. Bill Courchesne stated that the street is maxed out. The applicant doesn’t care about rules and the property is overgrown. 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 Goff X Motion passed. Lee Pouliot stated that the application before the committee tonight is whether to grant parking relief for 3 spaces. This is not a dramatic request. The issues with the Health Department or violations are not on the agenda this evening. These issues need to be addressed by the Board of Health and the Building Department. He continued that the applicant has been consistent in going through each step of our processes to get to a point where he can submit site plans and go through the review process and have public hearings with the Planning Board and the development proposal. He would hate to see another project paralyzed because of an issue that the Council really needs to reply on its City’s enforcement staff to deal with. 5 Councilor Shumsky stated that the City has an ordinance that prohibits the Council granting a Special Permit if there are taxes owed to the City. Councilor Labrie asked if the request is only a relief of 3 parking spaces. Lee replied that the request is for relief of 3 parking spaces. Only the City Council has the authority to grant relief of this. Councilor Labrie stated that he went by the property today and it is overgrown with weeds that are taller than him and it smells, trash on the sidewalk. He continued that if enforcement was in place we would not be talking about that. It should not affect something that we need built on that piece of property. Councilor Wagner stated that this applicant has come before the Council before and was granted a Special Permit with a condition that the property be cleaned up. He understands that this falls under the purview of the Building Commissioner but that appears that the enforcement is not being done by either Building or Health. Maybe it’s staffing. He continued that he largely is in agreement with the Planning Director about the Council’s attitude towards Special Permits and housing and not the right place, not the right time. Normally, he would agree. But what the applicant is doing is not normal whereby he is granted a Special Permit and he flagrantly violates it. It is creating a nuisance for the neighborhood. It’s unsafe and unsanitary. He continued that we have had many times developers come before the Council and they strongarm the City and haven’t paid taxes and done whatever to get their way. Councilor Goff thanked Councilor Wagner for his comments and stated that she agrees with him. The Council is to grant a reduction in parking before SPRAC review. Motion made by Councilor Wagner to deny the Special Permit. Lee Pouliot stated that Planning and the City Council have to treat every property owner and every developer the same. We do not have the benefit of picking and choosing the developers that we get to work with. He stated that he does not solicit developers to come before the Council. He advocates for projects that he thinks are appropriate based on the City’s regulations and land use, regardless of who the developer is. Regarding Councilor Goff’s comment about granting a reduction before SPRAC review. SPRAC review comes after the relief that is needed is requested, otherwise the Planning Board cannot approve site plans. He is not advocating that anyone who has back taxes on a property should be given special treatment, but he believes that everyone should be treated the same way. He stated that the Council recently granted a Special Permit for Cabotville knowing that there were six figures of tax debt on that property that was not paid and has still not been paid. Councilor Balakier stated that regarding the outstanding taxes the Council has granted special permits with the understanding that if they are paid before the City Council meeting. The committee recessed at 7:47 PM. The meeting resumed at 7:52 PM. Councilor Wagner stated that he understands that we have to take into consideration more than the property taxes. He continued that the developer has broken the special permit and not maintained that property. He stated that thinking long term this applicant is going to be a problem when it comes to when the building will actually be built. He was supposed to have broken ground by now. He stated that the Council was told within 18 months they would be breaking ground and it is almost the winter. He is concerned that he will build a horribly maintained property in one of the socioeconomically impacted neighborhoods of the City and it will not benefit anyone except the applicant’s bottom line. 6  Councilor Balakier stated that the committee has the option to postpone this application to next month to a date certain and get the Building Department and Health Department involved with an inspection. This would allow the applicant time to straighten things out. Councilor Labrie stated that if he was the developer knowing that he was coming in tonight for a Special Permit before the Zoning Committee he would have made certain that the property was cleaned up and there was no trash on the sidewalks. He is in favor of postponing and getting the Building Department and Health Department to enforce this. He would like to see something built on this property as it has been vacant for a long time. Councilor Shumsky is in agreement to postpone. Councilor Goff is in agreement to postpone. Councilor Wagner stated that he will withdraw his motion to deny. Motion made by Councilor Shumsky and seconded by Councilor Balakier to postpone to the September 24, 2025 Zoning Committee meeting at 6:30 PM in the Auditorium, City Hall, 274 Front Street, Chicopee, MA 01013. Roll Call: Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Wagner X Goff X Motion passed. Item #4 Minutes – July 30, 2025 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 Goff X Motion passed. 7 Item #5 Adjournment Motion made by Councilor Wagner and seconded by Councilor Balakier to adjourn at 8:10 PM. 8