Zoning Board of Appeals

Zoning Board of Appeals Voting Record and Minutes The Zoning Board of Appeals of the City of Chicopee public hearing for Wednesday, September 13, 2017, 6:30 PM in City Hall Annex, Fourth Floor, City Council Chambers, 274 Front Street, Chicopee, MA 01013. Meeting was brought to order by Roland Archambault at 6:30 PM. Board of Appeals attendance: Member Name Present Absent Excused Regular Roland Archambault X Chair Regular Anthony Gallant, Clerk X Regular Gary Stamborski X Regular Derek Dobosz X Regular Carissa Lisee X Assoc. Christina Loy X Assoc. Katherine Baldiga X Planning Staff attendance: Title Name Present Excused Planning Director Lee Pouliot X Asst. Planning Director Jack Benjamin X Development Manager Jim Dawson X *Note: The Board opened the meeting by observing a moment of silence in memory of former Board Member Miguel Roldan who passed away in August. Item 1: VARIANCE (Continued from August 9, 2017) from Chapter 275-53 frontage from 75’ to 60’; area from 7,500 SF to 5,268 SF +/- and depth from 100’ to 87.38’ +/- to create a single-family building lot. Location: Dorrance St. between #21 and #35, Assessor Map 444, Parcel 34A. Applicant: Jeffrey L. Jose, 80 Fisher Rd. Chicopee, MA 01013. Notes: The Applicant explained his petition stating he had received a Variance from the Board a few years prior and then was not able to build on the vacant lot. Planning Staff confirmed that the Applicant had received a Variance in June of 2013 and it had expired in June of 2014. The Applicant also received a Waiver of Frontage from the Planning Board, Waivers of Frontage do not expire once granted. Several Abutters raised complaints about the upkeep of the property by the Applicant but were not in opposition to the construction of a new house on the vacant lot. Planning Staff acknowledged the Board had approved a Variance in the past but as in the past could not support this request due to lack of hardship. The Board voted to approve the Variance. Associate Members Christina Loy and Katherine Baldiga did not vote on this item as 5 Regular Members were present with no abstentions. Motion to approve was made by Anthony Gallant and seconded by Gary Stamborski. Vote was 4 in favor to 1 opposed. 1 Member Voting members Approve Deny Table Abstain Regular Roland Archambault X Chair Regular Anthony Gallant, Clerk X Regular Gary Stamborski X Regular Derek Dobosz X Regular Carissa Lisee X Assoc. Christina Loy Assoc. Katherine Baldiga Item 2: VARIANCE (Continued from August 9, 2017) from Chapter 275-52 area from 10,000 SF to 7,712 SF +/- and depth from 100’ to 75’ +/- to create a new single-family building lot from property at 18 Dallaire Ave. Location: Grace St., Assessor Map 420, Parcels 29 & 30. Applicant CRA Holdings, Inc., 1421 Granby Rd., Chicopee, MA 01020 Notes: The Applicant’s Legal Representative presented the petition, stating that a Variance had been granted by the Board in the past and it had expired. The previous Owner (Mr. Boutin) explained that part of the reason the Variance expired before the Applicant could commence construction was due to his own actions he also stated he had received letters of support, from neighbors, for the Variance. Planning Staff confirmed that the Variance that was granted had expired on June 8, 2017. Staff also refreshed the Board on the expired Variance and the condition they placed on the Variance with regard to parking. Since Mr. Boutin had constructed a driveway on his property on Dallaire Ave., the condition with regard to parking no longer pertained. The Board voted to approve the Variance. Associate Members Christina Loy and Katherine Baldiga did not vote on this item as 5 Regular Members were present with no abstentions. Motion to approve was made by Gary Stamborski and seconded by Anthony Gallant. Vote was 5-0 to approve. Member Voting members Approve Deny Table Abstain Regular Roland Archambault X Chair Regular Anthony Gallant, Clerk X Regular Gary Stamborski X Regular Derek Dobosz X Regular Carissa Lisee X Assoc. Christina Loy Assoc. Katherine Baldiga Item 3: VARIANCE from Chapter 275-27.1 (D) to install wireless communications antennas on a pre- existing structure on the Elms College Campus which lies within a Residential A zone. Location: 291 Springfield St. Chicopee, MA. Applicant: Cellco Partnership d/b/a Verizon Wireless, 99 East River Dr., East Hartford, CT 06108 Notes: The Applicant’s Legal Representative Attorney Michael Fenton presented the request to the Board. Attorney Fenton explained that by Federal Law (Telecommunications Act of 1996) the Board had to consider a “Use Variance” for the purposes of wireless communications antennas. Attorney Fenton explained the photographs that were attached as part of the Applicant’s submission noting that the antennas 2 would not be visible from Springfield Street. Planning Staff presented a recommendation to the Board from the Historical Commission requesting that the wireless communications antennas be painted/finished to match the color of the roof of the Alumnae Library. The Board voted to approve the Variance with the condition requested by the Historical Commission to have the antennas painted/finished to match the color of the roof of the Alumnae Library. Associate Member Christina Loy voted in place of Carissa Lisee who abstained because she is an abutter to the project. Associate Member Katherine Baldiga did not vote since 5 members voted Motion to approve was made by Christina Loy and seconded by Derek Dobosz. Vote was 5-0 to approve with the noted Historical Commission condition (see notes above). Member Voting members Approve Deny Table Abstain Regular Roland Archambault X Chair Regular Anthony Gallant, Clerk X Regular Gary Stamborski X Regular Derek Dobosz X Regular Carissa Lisee X Assoc. Christina Loy X Assoc. Katherine Baldiga Item 4: VARIANCE from Chapter 275-52 to create a new single-family building lot with frontage reduced from 100’ to 30’ from property at 836 Montgomery St. and leave 836 Montgomery St. on a lot with frontage reduced from 100’ to 74.22’ +/-. Applicant: Michael R. Labrie, Esq.; Labrie, Pouliot, LaRocque & Guiel PC, 641 Grattan St., P.O. Box 0385, Chicopee, MA 01021-0385. Notes: Attorney Ronald Larocque presented the petition on behalf of the Applicant Attorney Michael Labrie and the Owner (the Gilpatricks). Attorney Larocque explained that the Gilpatricks want to subdivide their large property to allow for the construction of a single-family house to the rear of their property at 836 Montgomery Street. The proposed “new” lot has legal frontage on Bridle Path Road however, that frontage in inaccessible to the main developable portion of the property due to a ravine and stream. Planning Staff supports the petition and stated the ravine constitutes a legitimate hardship as it prevents the Owners from utilizing their legal frontage to develop their property. City Councilor Dino Brunetti also spoke in favor of the petition. The Board agreed and voted to approve the Variance. Associate Members Christina Loy and Katherine Baldiga did not vote on this item as 5 Regular Members were present with no abstentions. Motion to approve was made by Derek Dobosz and seconded by Carissa Lisee. Vote was 5-0 to approve. Member Voting members Approve Deny Table Abstain Regular Roland Archambault X Chair Regular Anthony Gallant, Clerk X Regular Gary Stamborski X Regular Derek Dobosz X Regular Carissa Lisee X Assoc. Christina Loy Assoc. Katherine Baldiga 3 Item 5: VARIANCE from Chapter 275-40 C (7)(a) to allow two-way traffic aisle width from 24’ to 22’. Location: South of and to the rear of 235 Meadow St. Assessor Map 473, Parcel 4A. Applicant: Chico’s Towing Service, Inc. 25 Bancroft St., Springfield, MA 01107 Notes: Attorney John Pearson represented the Applicant. Both he and the Applicant explained their petition. City Councilors Frank Laflamme and William Courchesne spoke against the petition noting several license and safety issues against the property owner. Planning Staff spoke in opposition to the request stating that no legitimate hardship exists since the reduced travel lane width was a “self-created” issue the owner created when the property was subdivided to allow for the newly constructed Family Dollar store. Attorney Pearson requested the Board table the hearing until October 11, 2017 so he could request the Owner be present to address the Board on the petition. The Board discussed the tabling request and voted to table to October 11, 2017. Associate Members Christina Loy and Katherine Baldiga did not vote on this item as 5 Regular Members were present with no abstentions. Motion to table was made by Roland Archambault and seconded by Derek Dobosz. Vote was 5-0 to table to October 11, 2017. Member Voting members Approve Deny Table Abstain Regular Roland Archambault X Chair Regular Anthony Gallant, Clerk X Regular Gary Stamborski X Regular Derek Dobosz X Regular Carissa Lisee X Assoc. Christina Loy Assoc. Katherine Baldiga Item 6: Minutes from August 9, 2017 Associated Member Christina Loy voted in place of Carissa Lisee since Carissa was not a Board Member at the time of the August 9, 2017 meeting. Motion to approve was made by Gary Stamborski and seconded by Christina Loy. Vote was 5-0 to approve. Member Voting members Approve Deny Table Abstain Regular Roland Archambault X Chair Regular Anthony Gallant, Clerk X Regular Gary Stamborski X Regular Derek Dobosz X Regular Carissa Lisee X Assoc. Christina Loy X Assoc. Katherine Baldiga Item 7: Discussion Old/New Business Notes: The Board noted that it would need to select a new Vice Chair since the position was left vacant due to the passing of Miguel Roldan. 4 Item 8: Adjournment – Next Meeting October 11, 2017 Motion to adjourn was made by Roland Archambault and seconded by Derek Dobosz. Vote was 5-0 to adjourn. Member Voting members Approve Deny Table Abstain Regular Roland Archambault X Chair Regular Anthony Gallant, Clerk X Regular Gary Stamborski X Regular Derek Dobosz X Regular Carissa Lisee X Assoc. Christina Loy Assoc. Katherine Baldiga Meeting adjourned at 7:45 PM. 5