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, August 10, 2022, 6:30 PM in City Hall Annex, Fourth Floor, Chambers Conference Room, 274 Front Street, Chicopee, MA 01013. Meeting was brought to order by Anthony Gallant at 6:30 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. Julia Sudol X Assoc. Carlos Felix X Assoc. Thomas Tetreault X Planning Department Staff Attendance Title Name Present Absent Excused Director Lee Pouliot X Development Manager James Dawson X Associate Planner Nick Kiser X Note: Associate Member Julia Sudol voted in place of Regular Member Christina Loy who was not in attendance. Note: The Board voted to take Item #1 out of order and move it to the end of the meeting as the Applicant was late to the meeting. Motion to take Item #1 out of order and place at the end of the meeting was made by Carissa Lisee and seconded by Anthony Gallant. Vote was 5-0 to move Item #1 to the end of the meeting. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Katherine Baldiga, Clerk X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix Assoc Thomas Tetreault 1 Item 1: (Cont. from July 13, 2022) Variance from Chapter 275-52 front setback from 15’ to 13.58’+/- for the purpose of constructing a covered deck. Location: 47 Graham Dr. Chicopee, MA. Applicant: Jason Labeau, 20 Ward St. Chicopee, MA 01020 Notes: The Applicant presented the petition on behalf of the Property Owner. The Board discussed the petition and decided to place a condition on the approval that the deck can never be enclosed to become part of the interior house space. Motion to approve with the condition noted above was made by Carissa Lisee and seconded by Anthony Gallant. Vote was 5-0 to approve with noted condition. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Katherine Baldiga, Clerk X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix Assoc Thomas Tetreault Item 2: (Cont. from July 13, 2022) Appeal of Building Commissioner Decision to order cessation of the operation of an excavation business and the storage of equipment not incidental to a principal use in a Residential A zone. Location: 5 Newell St. Chicopee, MA 01013. Applicant: Mark Jenco, same address. Notes: The Applicant requested to table the hearing to October 12, 2022. The Board voted to deny the request to table and continued with the hearing. Motion to table to October 12, 2022 was made by Carissa Lisee and seconded by Anthony Gallant. Vote was 5- 0 to deny the request to table to October 12, 2022 Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Katherine Baldiga, Clerk X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix Assoc Thomas Tetreault Notes: After the Board voted to deny the request to table the hearing to October 12, 2022, the hearing was opened. The Building Commissioner’s original Cease-and-Desist Order for operating an excavation business and storage of equipment not customarily incidental to a principle use in a Residential A Zone was issued to the Applicant in December 2017 however, the appeal was not filed until May of 2022. Appeals are to be filed within 30 days of a Building Commissioner’s Order. Several Abutters were in attendance along with City Councilors Frank Laflamme (At-Large), and Shane Brooks (Ward 2). All the Abutters in attendance were in opposition to the Applicant’s appeal for numerous reasons including but not limited to vehicles blocking the road, diesel, and commercial vehicle activity on the site all hours of the day and night, vehicles and construction equipment parked in City ROW along with personal recreational vehicles, construction debris in the City ROW and on the residential property, and oil in the roadway. Board members researched the “business” and found several ads and or posts connecting the 5 Newell St. address to a business associated with the vehicles and construction debris on the property and within City ROW. After listening to Abutters’ concerns and reviewing photos and the Building Commissioner’s Order, the Board voted to uphold the Building Commissioner’s Order. 2 Motion to approve upholding the Building Commissioner’s Order was made by Carissa Lisee and seconded by Anthony Gallant. Vote was 5-0 to approve upholding the Building Commissioner’s Order. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Katherine Baldiga, Clerk X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix Assoc Thomas Tetreault Item 3: Appeal of Building Commissioner Decision to order cessation of the operation of an auto repair business not incidental to a principal use in a Residential B zone. Location: 181 Granby Rd. Chicopee, MA 01013. Applicant: Giovannie Luna, Same address. Notes: The Cease-and-Desist Order for operating an Auto Repair Business in a Residential B Zoning District was issued by the Building Commissioner on October 26, 2021 with a second Cease-and-Desist Order issued on December 17, 2021. Auto Repair Businesses are not allowable in any Residential Districts. Appeals are to be filed within 30 days of the issuance of an Order of the Building Commissioner. The Applicant and his family members along with his Attorney James Brown were in attendance. Attorney Brown presented the Appeal to the Board stating his client is a hobbyist who enjoys repairing cars, the cars on the property were all cars he was fixing for family members, and he was not operating an auto repair business. Mr. Brown submitted several copies of vehicle registrations the Applicant claimed to be those of his family members cars on his property to be repaired. Several Abutters along with City Councilors Frank Laflamme (At-Large) and Shane Brooks (Ward 2) were in attendance. All Abutters present were opposed to the Appeal for several reasons including but not limited to flat-bed trucks and tow trucks bringing vehicles to the property at all hours of the day and night, property looking like a vehicle repair yard, numerous vehicles in various stages of repair/disrepair on the property, number of vehicles exceeds what should be considered a hobby, transmissions and engine blocks on the property and on flatbed trucks, and an observed auto lift in use in the garage. Attorney Brown noted vehicles were sold on Craigslist and later claimed he misspoke on the sale of vehicles on Craigslist. It was brought to the attention of the Board by City Councilor Brooks that the Applicant threatened harm to the Building Commissioner upon his issuing of the Cease-and-Desist Order. Staff had a police officer attend the meeting after being made aware of the threats to the Building Commissioner. After listening to Abutters concerns, reviewing the photos, and Building Commissioner’s Order, the Board voted to uphold the Building Commissioner’s Order. Motion to approve upholding the Building Commissioner’s Order was made by Carissa Lisee and seconded by Gary Stamborski. Vote was 5-0 to approve upholding the Building Commissioner’s Order. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Katherine Baldiga, Clerk X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix Assoc Thomas Tetreault 3 Item 4: Minutes from July 13, 2022 Motion to approve was made by Carissa Lisee and seconded by Anthony Gallant. Vote was 5-0 to approve. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Katherine Baldiga, Clerk X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix Assoc Thomas Tetreault Item 5: Discussion - Old/New Business Notes: No discussion. Item 6: Adjournment Motion to adjourn was made by Anthony Gallant and seconded by Gary Stamborski. Vote was 5-0 to adjourn. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Carissa Lisee, Vice Chair X Regular Katherine Baldiga, Clerk X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix Assoc Thomas Tetreault Meeting adjourned at 8:08 PM. 4