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 November 14, 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 Regular Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda X Planning Staff attendance: Title Name Present Excused Planning Director Lee Pouliot X Assistant Planner Patrick McKenna X Development Manager Jim Dawson X *NOTE: Associate Members Katherine Baldiga and Matthew Bieda voted for each item although their votes were not required as all five Regular Members were present. Item 1: Appeal of Building Commissioner’s Decision for property located on Ashgrove St., Assessor Map 337, Parcel 74. Applicant: Thomas Malek, 5585 Gallatin Lane, N. Charleston, SC. Notes: The Applicant explained his case to the Board, stating that he met with the former Building Commissioner in 2014 with regard to his plan for the property, the property became vacant. The Applicant removed the roof from the structure on the property, stating the former Building Commissioner said no permits were required to remove the roof. At that time, the Applicant’s plan was to convert the structure to a single family house. In the interim the lot was separated from the lot that fronts Grattan St. Per the current Building Commissioner’s interpretation of the Zoning Ordinances, once the lots were separated any legal non-conformity was rendered null and void and Variances would be required to proceed with the plan to convert the property to a single-family residence. In The Applicant applied for electrical permits and was denied due to the condition of the building. In 2018 the Building Commissioner issued a demolition demand due to the deteriorating condition of the building. The Applicant submitted an appeal in June 2018, however, since no application fee was submitted, the application was considered incomplete and therefore was not placed on an agenda until the fee was submitted in late September 2018. After hearing the argument from the Applicant and the rebuttal from the Building Commissioner, the Board voted to uphold the Building Commissioner’s decision. Motion to uphold the Building Commissioner’s decision and deny the appeal was made by Christina Loy and seconded by Anthony Gallant. Vote was 7-0 to deny the appeal. 1 Member Voting members Approve Deny Table Abstain Regular Roland Archambault, Chair X Regular Anthony Gallant, Vice Chair X Regular Carissa Lisee, Clerk X Regular Gary Stamborski X Regular Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda X Item 2: Variance from Chapter 275-52 for front setback from 25’ to 15.5’ to allow for the construction of a single- family house on a legally non-conforming lot. Location: Kendall St., Assessor Map 421, Parcel 3. Applicant: DCL General Construction, 187 Nelson St. Chicopee, MA 01013 Notes: The Applicants explained their petition. Planning Staff noted that they had done research on the property in the City Assessor’s office and determined that the lot was legally non-conforming as it had not been owned in common with any abutting lot and had at least 50’ of frontage and 5,000 SF of area. The request to reduce the front setback was to allow for a typical sized single-family house to be constructed on the site. The Applicant chose to take frontage on Summit Ave. in order to have at least 100’ of frontage; this left the lot too shallow to allow for a typical house considering the current setback requirements. The Board considered the lot was a legally nonconforming lot therefore, in order to allow the Applicant to use the lot as zoning intends, the Variance was necessary. Two Abutters were opposed the petition. The Board voted to grant the Variance. Motion to approve was made by Anthony Gallant and seconded by Gary Stamborski. Vote was 7-0 to approve. Member Voting members Approve Deny Table Abstain Regular Roland Archambault, Chair X Regular Anthony Gallant, Vice Chair X Regular Carissa Lisee, Clerk X Regular Gary Stamborski X Regular Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda X Item 3: Variance from Chapter 275-52 to create a new single-family building lot from 45 Laclede Ave. and leave existing house on a reduced size lot. Frontage from 100’ to 90’ for both lots, area from 10,000 SF to 7,200 SF for the new lot and 9,430 SF for the existing house and depth from 100’ to 80’ +/- for both lots. Applicant: Pioneer Properties, LLC, 2559 Boston Rd. Wilbraham, MA 01095 Notes: The Applicant explained his petition stating he purchased the property to rehab the existing house and subdivide the lot to create a new single-family building lot. Once the lot is subdivided the resulting lots must abide by current dimensional regulations thus the reason for the petition. Abutter opinion was mixed with one in favor and one opposed. The Board discussed the petition and it was their opinion that if granted the Variance had the potential to set a precedent of smaller lots in the neighborhood which could ultimately increase the density in the neighborhood significantly and negate the purpose of the zoning ordinance. It was the Board’s opinion that no legitimate hardship existed with the property to allow the Variance to be granted. The Board voted to deny the Variance. Motion to approve for the sake of discussion was made by Anthony Gallant and seconded by Christina Loy. Vote was 7-0 to deny the Variance. 2 Member Voting members Approve Deny Table Abstain Regular Roland Archambault, Chair X Regular Anthony Gallant, Vice Chair X Regular Carissa Lisee, Clerk X Regular Gary Stamborski X Regular Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda X Item 4: Minutes from October 10, 2018. Motion to approve was made by Anthony Gallant and seconded by Katherine Baldiga. Vote was 7-0 to approve the minutes. Member Voting members Approve Deny Table Abstain Regular Roland Archambault, Chair X Regular Anthony Gallant, Vice Chair X Regular Carissa Lisee, Clerk X Regular Gary Stamborski X Regular Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda X Item 5: Discussion Old/New Business Notes: No Discussion Item 6: Adjournment Motion to adjourn was made by Christina Loy and seconded by Gary Stamborski. Vote was 7-0 to adjourn. Member Voting members Approve Deny Table Abstain Regular Roland Archambault, Chair X Regular Anthony Gallant, Vice Chair X Regular Carissa Lisee, Clerk X Regular Gary Stamborski X Regular Christina Loy X Assoc. Katherine Baldiga X Assoc. Matthew Bieda X Meeting adjourned at 8:09 PM. 3