City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 11-20-2025 Members George Balakier, Chair Gary Labrie, Vice-Chair Samuel Shumsky Shane Brooks Susan Goff MINUTES October 29, 2025 The following are the minutes of a public hearing held Wednesday, October 29, 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, Brooks, Goff Also Present: Timothy Reilly (Associate City Solicitor), Lisa Sanders (Health Director) The meeting was called to order at 6:30 PM by Councilor Labrie. Item #1 Zone Change application from Res A to Res C for 0.4699 acres of property located at 143 Royal St. for the purpose of 2 family conversion to 3 family. Applicant – Brandon Behnk, 127 Prospect St., East Longmeadow, MA 01028. Mr. Behnk was present at the meeting. He stated that he is a licensed construction supervisor and real estate agent licensed in Massachusetts. He purchased this property at a foreclosed auction. He at the time did not know that the property was occupied. The property was in disarray at the time. There was a lengthy eviction process and he lost thousands in rent. He then began to add curb appeal to the property. He is looking to revitalize and make best use of the property. There are other vacant properties that are a blight to the neighborhood. He stated that he plans to live on the property and manage the property. There is a housing shortage and western Massachusetts is riddled with vacant properties. He stated that he would rather be a good neighbor instead of having a massive storage unit in the back of the property. Under the new Affordable Homes Act (ADU), it allows property owners to build accessory dwelling units by right in single family zones meaning they do not need special permits. His building is an existing structure and it is 1500 square feet. He stated that there is no sense in partitioning it if it is already there. There is already a separate driveway for the unit. Councilor Balakier read into record the Planning Board recommendation which was a 6 – 0 negative recommendation. 1 Councilor Balakier read the following from Lee Pouliot: As I will not be in attendance at the Zoning sub-Committee meeting this evening, I wanted to provide you with a summary of details regarding the Planning Board’s unanimous recommendation to not grant the requested Zone Change from Residential A to Residential C.  The current residential structure on the property is a legally non-conforming 2-family on Residential A zoned land (residential A allows for only single family homes).  The property sits within an entire neighborhood block that is also zoned Residential A. No Residential C properties exist adjacent to 143 Royal and one exist on the entire block.  To approve the Zone Change request would allow for the creation of a spot zone, which the Planning Board and the City Council have been actively working to reduce for the last few years.  Additionally, the Planning Board determined that the Applicant could achieve a 3 rd residential unit on the property, by right, without receiving a zone change. By utilizing the Commonwealth’s regulations for Accessory Dwelling Units (ADUs) – the Applicant could immediately apply for building permits to construct an ADU by right, without a zone change, or any other permitting requirements outside of building permits. For these reasons, the Planning Board was unanimous in their recommendation to deny the Zone Change request. If you have any further questions, please feel free to give me a call to discuss. Best, Lee Public Input Elizabeth Celetti, 135 Royal Street, stated that she has lived here for 34 years. Making this property at 3 family will make the neighborhood different. Most of the homes are single family. This will create more traffic. The last tenants had parties out of the garage that this applicant wants to convert to an apartment. She doesn’t want the neighborhood to change drastically. Mary Beth Costello, 66 Voss Avenue, stated that this is a dead end street. This is the street that the water tower sits on. According to the public, it’s not designed for too much traffic. The Planning Board did not vote for this proposal. Fernando Gualberto, 160 Royal Street, stated that he has lived on this street for 50 years. He said that there is a property where someone rents rooms to people and they park all over the street making it difficult for him to get out of his driveway. This used to be a peaceful and nice area and it’s no longer like that. If he calls the police by the time they arrive the individuals disappear. Mark Poirier, 20 Blanchard Street, stated that he met the new owner. He is doing a lot of work to the property to fix it up. He isn’t sure if the new owner knows where the property lines are. He did some damage to his property. The owner thought the property lines were pieces of pipe. He informed the owner to seek a surveyor 2 to make sure his property lines are within reason. He asked the owner to remove the debris but it still hasn’t been done. If this is granted depending on who moves in it could be noisy. Ron Lavoie, 539 Britton Street, stated that he lives at the corner of Britton and Royal. He sees a lot of traffic going up and down the street and it is busy street considering it’s a dead end. He asked that the committee consider that the zone change would be a permanent change that could negatively impact the community in his neighborhood. 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 Labrie X Shumsky X Brooks X Goff X Motion passed. Councilor Brooks stated that Lee has made it very clear that we have been against spot zoning and we are working very hard to try to clear that up. He also stated that he wants the neighbors to understand that the applicant could do this by right. Even though he may not get the zone change request he could still proceed tomorrow morning by going to the Building Department and pulling a building permit and start building that out immediately. Councilor Shumsky stated that the ADUs in out of the City of Chicopee’s control or any municipality. This is state guidelines. He further stated that he agrees with Councilor Brooks in that the applicant could in theory get permits tomorrow and start construction and there is nothing that the Council could do. Councilor Goff stated that granting this zone change would not be good. It would create a spot zone. Motion made by Councilor Brooks and seconded by Councilor Balakier to deny. Roll Call: Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Brooks X Goff X Motion passed Reason – Not conforming to the street 3 Item #2 Special Permit application under section 275-9 (L) (2) for the purpose of an amendment to the original special permit for a kennel license. Previously had requested for 4 pet French Bulldogs. Now requesting for a kennel license for 10 and under located at 25 Mayflower Ave. Applicant – Brittany Morse, 25 Mayflower Ave., Chicopee, MA 01013. Brittany Morse was present at the meeting. She stated that she is requesting an amendment. Not that she will necessarily always have 10 dogs at one time, but she is very active in showing and training. She currently has champion dogs in her home. She recently imported one from Argentina costing $12,000. This is a very large investment. Her dogs are always in the fence, or on a leash. She is very responsible and diligent. She has 2 dogs living in her home. They should have been able to enjoy their yard and they cannot because she had neighbors taking their dogs up around the fence to antagonize them. They were barking because they were being disrupted. She didn’t think it was fair to the animals because it was disrupting their peace. She re-homed them and they no longer reside at her home. She pays taxes, minds her own business. She’s not breaking any laws. She is not doing anything that is illegal. She is asking to be able to be granted to do something that she enjoys. Her dogs are not out at night. They are not barking and they are not disrupting the peace. Councilor Balakier read the following reports: Planning – Property is zoned Residential B; the keeping of and caring for dogs in excess of three (3) individual animals, defined as a Kennel by 044-1, requires a Kennel License by Special Permit under 275-53 (B)(14). Applicant initially applied for a Special Permit to care for four (4) pet dogs on the premises, heard and granted by City Council on 8/5/2025. Applicant is asking to increase the number of allowed dogs in their care to be approved up to ten (10) animals at a given time. Planning recommends approval of the Special Permit provided compliance with ordinances related to the keeping of animals as pets; in addition to satisfying Health Department standards. Fire – Will need an evacuation plan/fire safety plan. Should have working smoke and carbon monoxide alarms on all levels. Shall be required to meet any applicable provisions of 527 CMR 1.00 the Mass Comprehensive Fire Safety Code. Engineering – The Engineering Department has no comments if no site improvements are proposed. Councilor Balakier read the following 2 emails: Dear Mr Roy, My name is Lenora Chapdelaine I reside at 55 Randall Street, Chicopee, Ma 01013. I am sending you this email in regards to the request from Brittany Morse 25 Mayflower Ave Chicopee, Ma for a Kennel License for under 10 French Bulldogs. As you know this is a residential area with homes close to one another and not an appropriate neighborhood for a kennel. I own a small dog that I walk around Mayflower ave daily and have witnessed some concerning behavior from 2 of the french bulldogs she presently owns. While walking in the street away from their fence these two dogs came running to the fence barking and pushing on the fence protecting their space. I understand that is their job but when they couldnt get to me and my dog they went after each other and continued to fight until I could no longer see them. Please keep in mind this is only 2 of the 4 she presently has. No one came out to access the situation, that concerns me. I believe 4 dogs are more than enough for 4 anyone person to own in our neighborhood. I have had the opportunity to discuss this with my close neighbors and they have the same concerns and are willing to sign a petition if needed. I hope you understand my concerns and agree that this is no neighborhood for a kennel. Thank you for your service to the City of Chicopee. Lenora Chapdelaine 55 Randall Street Chicopee, Ma 413 592-2630 We understand Brittany Morse has requested a hearing to modify a "Special Permit" allowing her to maintain a kennel on her property in a residential area. Initially, she requested permission to keep four dogs on her property. We supported that request as she is a good neighbor and has a nice home. But now she wants to amend that permit to allow her to keep 10 dogs. We object to her request to seek that change. If she asked to keep 10 dogs in her initial request, we would have objected to that. To obtain her neighbors' support for four dogs and then turn around and add an additional 6 dogs appears to be disingenuous. Hopefully, you would encourage your fellow councilors to deny this special permit request as clearly inappropriate in this quiet residential area. Respectfully, Elizabeth Monette Frank Lombard 36 Borys Circle Lisa Sanders stated that an onsite inspection was done yesterday. The house was very clean, odor free. The dogs are free range. She currently has three adult and one puppy. There is adequate space. They crate at night. Crates were sanitary. She continued that people may think the word kennel may mean that she is building a structure on her property. She is not. It’s just the definition. It’s not a structure. These dogs will be in the house. She has a large fenced yard. She checked for holes to make sure the dogs cannot get out. As of yesterday everything was adequate. Renee Robichaud, Animal Control Supervisor for Thomas J. O’Connor Animal Control, stated that nomenclature kennel is a state definition and it applies to any residence where there is more than three dogs. The City of Chicopee has the state’s ordinance in place. Springfield has gotten around that by just saying you can have four if they are all spayed and neutered. When there is four or more dogs that’s when you require a kennel license. The type of kennels that exist are commercial or personal. This is a personal or residential kennel in which that means these are her house pets that live in her home. All the dogs looked great. They looked very healthy and very well taken care of. She has access for them to enter the yard freely and come back in freely through doggie doors on both floors of her home. It is very clean. She has a little treadmill for the dogs for inclement weather. She is requesting this increase to just be in abundance of compliance. The state currently requires that dogs be 5 licensed to a residence after 30 days of being there. She just wants to make sure that everything is in abundance of compliance making sure everything is to the dot. Yesterday everything looked great. She has a whole room dedicated to the dogs. She has five gallon purifying water fountain for them. She clearly loves her pets and just being in the show world, breeding world, she wants to make sure that if she has a dog come to stay with her for breeding or showing purposes she won’t get slapped on the wrist or being found out of compliance with her existing permit Public Input Janna Hunter-Morse, 25 Mayflower Avenue, stated that she created this monster because she for 20 years showed dogs. She believes that the verbiage about a kennel is very misleading because these dogs live in their home and they have a fenced in yard. They are never loose because they are the number one stolen dog in the country. These dogs are extremely expensive. She is with he dogs 95% of the time. When they are out, she is out. She has issues with people walking their dogs and even though they are on a leash, they are on a flexy and people let their dogs come up to the fence. People cannot necessary see her as she has a chair behind the hot tub. But yes if the dogs come to the fence a dog will bark to protect their area. They have never had any complaints against them. The neighbors that are close to them came to last meeting and they were in support. Never left unattended for fear that they may be taken. Kathy Ryan, 62 Sherwood Street, stated that she lives adjacent to this property. There is no problem with the applicant. She is a wonderful person. Her house is clean. The dogs never get out. The question she has is about traffic. The street is already busy and she is concerned that this will create more traffic if someone comes to drops the dogs off. 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 Labrie X Shumsky X Brooks X Goff X Motion passed Councilor Balakier read the definition of kennel as referenced in Chapter 144-1 Definitions KENNEL Any premises wherein any person, partnership or corporation engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs, or engages in training dogs for guard or sentry purposes or every pack or collection of more than three dogs three months old or over owned or kept on a single premises, irrespective of the purpose for which they are maintained. Councilor Brooks stated that he is the ward Councilor and he had an opportunity to drive by the property. He stated that one of the emails was misleading about the fence line. He is not an arborist but there are mature arborvitaes around 95% of the property. There are two panels of fencing to the right. Everything else is impermeable. You cannot see the backyard. You would almost have to antagonize the dogs because of the size 6 of the backyard and the amount of vegetation that was deliberately planted there and these are in excess of 14 feet tall. Hearing the recommendations and hearing from TJO, those are the resident experts that the Council has relied on (Health Department and TJO). There is limited traffic in that area (Mayflower corridor). The only traffic that’s going in there is with the intention of either going home or visiting family and neighbors. This is not a high traffic area. He stated that people drive fast down Nelson Street. Mayflower is traveled because that’s the main thorough way to get in either Mayflower or Nelson to get into that back portion of the neighborhood that ends up abutting Ward 4 in the river. He has never had a complaint outside of the two emails. He has not received any calls against this application. As the Ward Councilor he has no problem voting for this. He stated that he agrees with the Health Director that the City needs to review the meaning of kennel. There are strict regulations regarding dogs. Dogs need vaccines. You can not just go the airport and pickup a dog from Argentina. There are strict restrictions in the state with respect to adopting an animal from either another country or another state. Councilor Shumsky stated that he is in support of this application. She is doing a good thing with the animals. He also spoke to some of the neighbors, Sue Lopes being one of them. He stated that she could not say enough positive things about Brittany and her business. Councilor Labrie stated that with a special permit if some issue should arise the permit can be called back in. He asked for the recommendation of both the Health Director and TJO. Lisa Sanders stated that she recommends approval. She is not going to have 10 dogs at one time. She is just trying to cover herself. She understands that there were issues in the past with kennels and she believes that it’s something that needs to be discussed. But in this case she would approve. Renee Robichaud stated that she agrees with Lisa and she would approve this kennel knowing that she is not going to have 10 dogs but should she have 10 dogs she has the enough space in that room where should could separate all 10 dogs if she had to. She also stated that Springfield only does commercial kennels now but when they had residential they always did put that word in there to limit it to four no matter what. That’s Springfield’s ordinance. She will also be required to be annually inspected by TJO. Renee Robichaud explained about the breeding of these particular dogs. When folks are breeding these dogs they do it very mindfully with a reproductive specialist. They all have a very difficult time because of their structure passing their own puppies naturally and delivery is C-section. She is not going to be running a mini puppy mill out of her house with litters every month. Usually you’re talking one or two litters in a lifetime of an animal. Brittany Morse stated that what Ms. Robichaud stated is correct. French Bulldogs are very sensitive. They can’t give birth naturally. They cannot be bred more than 3 times in a lifetime. If she did breed it would be once a year and it may not even be once a year. She has stunning dogs. These dogs cost $5,000 and up. They never have more than five puppies. It may be a situation where she keeps one or two puppies for a couple of months and evaluates them to see if they are going to be show quality. If not, then she will vet a great pet home for them. Councilor Brooks stated that the committee takes each applicant on their own merit. In this case, this has risen above the criteria. This isn’t a precedent he believes it just talking about merit. He does not believe that it will negatively impact the neighborhood. 7 Councilor Shumsky stated that special permit applications are taken on a case by case basis. The previous two that came before the Council there was a list of reasons for denial taking into account the Health Department, TJO, and Police Department. This application is different in that the neighbors speak highly of the applicant. The Ward Councilor speaks positively. Councilor Labrie stated that some of the previous applications did not have the adequate space. Motion made by Councilor Brooks and seconded by Councilor Balakier to approve. Roll Call: Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Brooks X Goff X Motion passed ITEM #3 Minutes – September 24, 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 Brooks X Goff X Motion passed ITEM #4 Adjournment Motion made by Councilor Shumsky and seconded by Councilor Balakier to adjourn at 7:45 PM. Roll Call: Councilor Yes No Absent Abstained Out of Chair Balakier X Labrie X Shumsky X Brooks X 8  Goff X Motion passed 9