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, January 13, 2021, 6:30 PM City Council Chambers, 4th Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013 and via video conference (Zoom)*. Meeting was brought to order by Anthony Gallant at 6:35 PM. Board of Appeals attendance: Member Name Present Absent Excused Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Katherine Baldiga, Clerk X Regular Gary Stamborski X Regular Christina Loy X Assoc. Matthew Bieda X Planning Department Staff Attendance Title Name Present Absent Excused Director Lee Pouliot X Assistant Planner Patrick McKenna X Development Manager James Dawson X Associate Planner Nathan Moreau X *NOTE: Due to COVID-19, meeting was held via video conference (Zoom). Pursuant to Massachusetts General Laws Chapter 131, Section 40 the Chicopee Zoning Board of Appeals calls to order this public hearing today, January 13, 2021 at 6:30 pm. Board Members are meeting in person and through video conference utilizing Zoom. In order to ensure and satisfy CDC social distancing guidelines during the COVID-19 Pandemic and pursuant to Governor Baker’s March 23, 2020 Order as amended, the Chicopee Planning Board is conducting public hearings utilizing remote collaboration technology in accordance with Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, M.G.L. Chapter 30A, Section 18. Copies of application materials for items on the Board’s agenda may be requested by phone: 413-594-1517 or by emailing Jim Dawson at jdawson@chicopeema.gov Tonight’s public hearings will be available for viewing via the Spectrum Community Access Channel 191 or the Chicopee TV website at www.facebook.com/ChicopeeTV or https://vimeo.com/chicopeetv Public comment will be received during two timeframes. The first public comment period took place prior to the January 13, 2021 public hearings. The second public comment period occurred following the January 13, 2021 public hearings through January 21, 2021. 1 Public comments were submitted in writing to the Chicopee Planning Board, 4th floor City Hall Annex, 274 Front Street Chicopee, MA 01013. By email to Jim Dawson at jdawson@chicopeema.gov or by calling 413-594-1517. All comments received regarding the agenda items were be provided to all Board Members and will be discussed at this hearing or on January 21, 2021. Item 1: VARIANCE from Chapter 275-52 rear yard accessory building setback from 3’ to 2.6’ for Lot #1 (Maplewood Ave.) and from 3’ to 2.5’ for Lot # 2 (418 Chicopee St.). Side yard setback for accessory building from 3’ to 3’+/- for Lot #1 (Maplewood Ave.) and from 3’ to 2.2’ for Lot #2 (418 Chicopee St.) for the purpose of subdividing 418 Chicopee St. into two lots. Applicant: Roseann Bonatakis, 21 Meadow Lane, Southwick, MA 01077 Notes: The Applicant was not logged into the meeting when the petition was to be heard by the Board therefore the Board took this item out of order and placed it after Item 2. Motion to take Item 1 out of order and place it after Item 2 was made by Anthony Gallant and seconded by Christina Loy. Vote was 4-0 to take Item 1 out of order. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Gary Stamborski X Regular Christina Loy X Notes: After hearing Item 2 the Board reopened the hearing for Item 1. The Applicant still had not logged into the hearing. Since Mr. Chapdelaine of Durkee, White, Towne and Chapdelaine was the Applicant’s surveyor he was familiar with petition and presented on the Applicant’s behalf. Mr. Chapdelaine explained the Applicant’s petition was to subdivide her property and create a new building lot fronting on Maplewood Ave. The division line would run between two accessory buildings, neither of which could meet current setback requirements. (See Above). Due to COVID-19 meeting regulations the Board voted to table the petition to January 21, 2021 to allow for an adequate public comment period. Motion to table to January 21, 2021 was made by Anthony Gallant and seconded by Gary Stamborski. Vote was 4-0 to table to January 21, 2021 Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Gary Stamborski X Regular Christina Loy X Item 2: VARIANCE from Chapter 275-58 Side yard setback from 15’ to 6’. Chapter 275-40 C (8)(a)&(b) pavement setbacks from (a) setback from residentially zoned land from 10’ to 1’ and (b) setback from street lot line from 8’ to 0’. Chapter 275-40 C (15) parking space setback from building from 8’ to 0’ and drive access aisle setback from a building from 5’ to 0’. Purpose: to allow for construction of Office/Storage building. Location: 1230 Montgomery St., Chicopee, MA. Applicant: DJR Holdings, LLC – Donald J. Ruel, 72 Parenteau Ct., Chicopee, MA 01020 Notes: Edward Chapdelaine of Durkee, White, Towne and Chapdelaine presented the petition on behalf of the Applicant. Mr. Chapdelaine explained the original building on the site was completely demolished thus requiring a new building to have the current required setbacks or obtain Variances for setback relief (see above). Planning Staff noted the proposed site plans were before the Planning Board but were tabled to allow time for the Applicant to secure a Variance. Staff also noted there were no public comments to date. 2 Due to COVID-19 meeting regulations the Board voted to table the petition to January 21, 2021 to allow for an adequate public comment period. Motion to table to January 21, 2021 was made by Anthony Gallant and seconded by Christina Loy. Vote was 4-0 to table to January 21, 20221 Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Gary Stamborski X Regular Christina Loy X Item 3: VARIANCE from Chapter 275-53 frontage from 75’ to 50’ and 55’ and area from 7,500 SF to 5,486 SF and 5,014 SF to create two new single-family building lots fronting Harding St. from property at 287 Chicopee St. Applicant: John L. Vieau, 287 Chicopee St., Chicopee, MA 01013 Notes: Applicant John Vieau explained his petition noting that the same petition was before the Zoning Board of Appeals in 2008 and was approved. However, since no action was taken on the Variance the approval expired after one year. Mr. Vieau explained that it is his desire to request Variances to allow for two single-family building lots as opposed to a duplex since the majority of the houses in the neighborhood are single-family. Staff explained it was requesting information from the Massachusetts Ethics Commission since the petition was that of John Vieau the current sitting Mayor of the City. Mr. Vieau noted he had also contacted the Ethics Commission. Due to COVID-19 meeting regulations the Board voted to table the petition to January 21, 2021 to allow for an adequate public comment period. Motion to table to January 21, 2021 was made by Anthony Gallant and seconded by Carissa Lisee. Vote was 4-0 to table to January 21, 2021 Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Gary Stamborski X Regular Christina Loy X Item 4: Discussion Old/New Business Notes: No Discussion or New Business Item 5: Minutes from October 14 and 22 and November 10, 2020 Motion to approve was made by Carissa Lisee and seconded by Anthony Gallant. Vote was 4-0 to approve the minutes. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Gary Stamborski X Regular Christina Loy X 3 Item 6: Adjournment - Next Meeting January 21, 2021 Motion to adjourn was made by Anthony Gallant and seconded by Carissa Lisee. Vote was 4-0 to adjourn. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Gary Stamborski X Regular Christina Loy X Meeting adjourned at 7:08 PM. 4