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 May 9, 2018, 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, Chair X Regular Anthony Gallant, Vice Chair X Regular Carissa Lisee, Clerk X Regular Gary Stamborski X Assoc. Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda 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: Associate Members Christina Loy and Katherine Baldiga voted in place of Carissa Lisee and the vacant 5th Regular Member seat. Matthew Bieda did not vote. Item 1: VARIANCE (Tabled April 11, 2018) from Chapter 275-54 rear yard setback requirement from 30’ to 24’ and setback between buildings from 25’ to 19’ +/- to convert an existing apartment unit to a fully ADA accessible unit. Location: Kida Apartments, Assessor Map 81, Parcel 27. Applicant: Timothy Murphy Architects, 380 High St., Holyoke, MA 01040 Notes: The Applicant was not in attendance at the meeting. The Board voted to table the petition to June 13, 2018 to allow the Applicant to be present or send correspondence as to the future course of action with the petition. Motion to table to June 13, 2018 was made by Roland Archambault and seconded by Anthony Gallant. Vote was 5-0 to table the petition to June 13, 2018. Member Voting members Approve Deny Table Abstain Regular Roland Archambault Chair X Regular Anthony Gallant, Vice Chair X Regular Gary Stamborski X Assoc. Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda 1 Item 2: VARIANCE from Chapter 275-52. Frontage from 100’ to 60’ and area from 10,000 SF to 6,570 SF for existing house and frontage from 100’ to 72.8’ +/- and area from 10,000 SF to 8,380 +/- SF to create a new single- family building lot. Setback for swimming pool from 6’ to 5’ on existing house lot. Location: 54 Cambridge St. Applicant: Ivan Litvac same address. Notes: Mr. Litvac presented his petition to the Board, explaining he wanted to subdivide his property to build a house for his parents who visit approximately 6 months of the year. Board Member Christina Loy aske the Applicant if it was possible to put an addition on the existing house to accommodate visiting family members i.e. an extra bedroom(s). Mr. Litvac responded, stating space was an issue in the existing house and adding to the existing house would not be practical. Several Abutters were present at the hearing speaking out against the petition. For various reasons such as increased traffic, decreased property values, Applicant’s property is not well kept, snow plowing issues on the street, etc. Motion to approve for the sake of discussion was made by Christina Loy and seconded by Gary Stamborski. Vote was 5-0 to deny. Member Voting members Approve Deny Table Abstain Regular Roland Archambault Chair X Regular Anthony Gallant, Vice Chair X Regular Gary Stamborski X Assoc. Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda Item 3: VARIANCE from Chapter 257-54. Frontage from 100’ to 56’ and area from 10,000 SF to 6,020 SF to create a two-family building lot. Location: 16 Tremont St. Applicant: Tergan Nominee Trust c/o Salazar Dos Santos, 111 Exchange St., Chicopee, MA 01013 Notes: The Board asked the Applicant to present the petitions for Items 3, 4 and 5 (#16, #20 and #24-26 Tremont Street) together since they were all contiguous lots owned by the same owner. The Board discussed all three items together, however, each item was voted on separately. The Applicant explained his petition stating he was requesting Variances for frontage and area for all three lots; 16 Tremont St. a reduced size lot for a duplex; 20 Tremont Street to leave existing single-family house on a reduced sized lot; and 24-26 Tremont Street a reduced size lot for a duplex. Planning Staff made a recommendation of denial as the petition exceeded the requirements of the zoning regulations (too many living units for the space available). Planning Staff presented two options to the Board and Applicant that would allow for a conforming use or a minimal relief from the zoning regulations. The Board voted to deny the three petitions as presented as it was their opinion that no hardship existed to warrant their granting. Motion to approve for the sake of discussion was made by Gary Stamborski and seconded by Christina Loy. Vote was 5-0 to deny. Member Voting members Approve Deny Table Abstain Regular Roland Archambault Chair X Regular Anthony Gallant, Vice Chair X Regular Gary Stamborski X Assoc. Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda 2 Item 4: VARIANCE from Chapter 275-54. Frontage from 75’ to 36’ and area from 7,500 SF to 3,873 SF to allow for existing single-family house to remain on a reduced size lot. Location: 20 Tremont St. Applicant: Tergan Nominee Trust c/o Salazar Dos Santos, 111 Exchange St., Chicopee, MA 01013 Notes: The Board asked the Applicant to present the petitions for Items 3, 4 and 5 (#16, #20 and #24-26 Tremont Street) together since they were all contiguous lots owned by the same owner. The Board discussed all three items together, however, each item was voted on separately. The Applicant explained his petition stating he was requesting Variances for frontage and area for all three lots; 16 Tremont St. a reduced size lot for a duplex; 20 Tremont Street to leave existing single-family house on a reduced sized lot; and 24-26 Tremont Street a reduced size lot for a duplex. Planning Staff made a recommendation of denial as the petition exceeded the requirements of the zoning regulations (too many living units for the space available). Planning Staff presented two options to the Board and Applicant that would allow for a conforming use or a minimal relief from the zoning regulations. The Board voted to deny the three petitions as presented as it was their opinion that no hardship existed to warrant their granting. Motion to approve for the sake of discussion was made by Christina Loy and seconded by Katherine Baldiga. Vote was 5-0 to deny. Member Voting members Approve Deny Table Abstain Regular Roland Archambault Chair X Regular Anthony Gallant, Vice Chair X Regular Gary Stamborski X Assoc. Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda Item 5: VARIANCE from Chapter 275-54. Frontage from 100’ to 56.83 +/-’ and area from 10,000 SF to 6,059 SF to create a two-family building lot. Location: 24-26 Tremont St. Applicant: Tergan Nominee Trust c/o Salazar Dos Santos, 111 Exchange St., Chicopee, MA 01013 Notes: The Board asked the Applicant to present the petitions for Items 3, 4 and 5 (#16, #20 and #24-26 Tremont Street) together since they were all contiguous lots owned by the same owner. The Board discussed all three items together, however, each item was voted on separately. The Applicant explained his petition stating he was requesting Variances for frontage and area for all three lots; 16 Tremont St. a reduced size lot for a duplex; 20 Tremont Street to leave existing single-family house on a reduced sized lot; and 24-26 Tremont Street a reduced size lot for a duplex. Planning Staff made a recommendation of denial as the petition exceeded the requirements of the zoning regulations (too many living units for the space available). Planning Staff presented two options to the Board and Applicant that would allow for a conforming use or a minimal relief from the zoning regulations. The Board voted to deny the three petitions as presented as it was their opinion that no hardship existed to warrant their granting. Motion to approve for the sake of discussion was made by Katherine Baldiga and seconded by Gary Stamborski. Vote was 5-0 to deny. Member Voting members Approve Deny Table Abstain Regular Roland Archambault Chair X Regular Anthony Gallant, Vice Chair X Regular Gary Stamborski X Assoc. Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda 3 Item 6: VARIANCE from Chapter 275-52. Frontage from 100’ to 90’; area from 10,000 SF to 8,100 SF and depth from 100’ to 90’ to create a single-family building lot. Location: Polaski Ave., Assessor Map 192, Parcel 28. Applicant: Craig Authier, 1421 Granby Rd., Chicopee, MA 01020 Notes: The Applicant presented the petition to the Board. Two Abutters were present who were in favor of the Variance. Planning Staff provided its typical neighborhood breakdown of lot sizes in the “neighborhood” to the Board. It was the Board’s opinion that the Applicant’s request met the qualifications of the City’s local definition of hardship: “The Zoning Board of Appeals for the City of Chicopee further defines "hardship" to include lot size, frontage and side, rear and front setback requirements for cases which, in the opinion of the Board of Appeals, result in a lot which is not in conformance with the neighborhood in which it is located if the variance from zoning requirements is not granted.” Motion to approve for the sake of discussion was made by Christina Loy and seconded by Katherine Baldiga. Vote was 4 in favor to 1 opposed. Member Voting members Approve Deny Table Abstain Regular Roland Archambault Chair X Regular Anthony Gallant, Vice Chair X Regular Gary Stamborski X Assoc. Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda Item 7: VARIANCE from Chapter 275-52. Frontage from 100’ to 90’; area from 10,000 SF to 8,100 SF and depth from 100’ to 90’ to create a single-family building lot. Location: Arnold Ave., Assessor Map 192, Parcel 33. Applicant: Craig Authier, 1421 Granby Rd., Chicopee, MA 01020 Notes: The Applicant presented the petition to the Board. Two Abutters were present who were in favor of the Variance. Planning Staff provided its typical neighborhood breakdown of lot sizes in the “neighborhood” to the Board. It was the Board’s opinion that the Applicant’s request met the qualifications of the City’s local definition of hardship: “The Zoning Board of Appeals for the City of Chicopee further defines "hardship" to include lot size, frontage and side, rear and front setback requirements for cases which, in the opinion of the Board of Appeals, result in a lot which is not in conformance with the neighborhood in which it is located if the variance from zoning requirements is not granted.” Motion to approve for the sake of discussion was made by Christina Loy and seconded by Katherine Baldiga. Vote was 4 in favor to 1 opposed. Member Voting members Approve Deny Table Abstain Regular Roland Archambault Chair X Regular Anthony Gallant, Vice Chair X Regular Gary Stamborski X Assoc. Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda 4 Item 8: Minutes from April 11, 2018 Motion to approve was made by Anthony Gallant and seconded by Gary Stamborski. Vote was 5-0 to approve. Member Voting members Approve Deny Table Abstain Regular Roland Archambault Chair X Regular Anthony Gallant, Vice Chair X Regular Gary Stamborski X Assoc. Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda Item 9: Discussion Old/New Business Notes: Staff stated there was no old/new business to discuss. Item 10: Adjournment - Next Meeting June 13, 2018 Motion to adjourn was made by Christina Loy and seconded by Katherine Baldiga. Vote was 5-0 to adjourn. Member Voting members Approve Deny Table Abstain Regular Roland Archambault Chair X Regular Anthony Gallant, Vice Chair X Regular Gary Stamborski X Assoc. Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda Meeting adjourned at 7:55 PM. 5