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, October 12, 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 X Gary Stamborski (Zoom) 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 Members Julia Sudol, Carlos Felix, and Thomas Tetreault voted in place of Regular Members Carissa Lisee, Katherine Baldiga, and Christina Loy who were not in attendance. Item 1: (Tabled from September 14, 2022) Variance from Chapter 275-48 Frontage from 125’ to 100’ and area from 12,500 SF to 10,000 SF to construct a single-family house on a lot without a sanitary sewer connection. Location: Dobek Ave. Chicopee, MA. Assessor Map 355, Parcels 11 and 12A Applicant: Donna Cabot, 52 Deep Brook Harbor, Suffield, CT 06078 Notes: The Applicant provided a brief overview of the petition. Staff presented passing perc test results to the Board that it had received from the Health Department. Staff also received information from the Health Department stating that as of October 12, 2022 it had not received a septic system plan for approval; as a result the Board conditioned that no building permits be issued until the Applicant submits and engineered septic system plan and obtains approval of said plan from the Board of Health. Motion to approve the Variance with the condition that no Building Permits be issued until the Applicant submits and has an engineered septic system plan approved by the Board of Health was made by Anthony Gallant and seconded by Thomas Tetreault. Vote was 5-0 to approve with the noted condition. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix X Assoc Thomas Tetreault X 1 Item 2: Variance from Chapter 275-53 Front setback from 25’ to 12’ and side yard setback from 6’ to 4’ to allow for the construction of an addition to a single-family house. Location: 120 Columba St. Chicopee, MA 01020. Applicant: Donald T. Nunes, same address. Notes: The Applicant presented his petition to the Board noting the proposed bedroom/bathroom addition to the house was going to be built for his elderly parent and was going to be fully accessible. He explained the location of the proposed addition would not obstruct any sight lines from nearby driveways or streets and provided photos to the Board to illustrate this point. No Abutters were in attendance and only one contacted the Planning Staff for clarification of the Variance. Motion to approve was made by Anthony Gallant and seconded by Julia Sudol. Vote was 5-0 to approve. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix X Assoc Thomas Tetreault X Item 3: Variance from Chapter 275-52 Frontage from 100’ to 75’+/- and area from 10,000 SF to 7,500 SF to create two single-family building lots from property on Crestwood St. Location: Crestwood St. (Assessor Map 129, Parcel 58) Applicant: Lynn and Alexander Lak, 574 Dingle Rd. Worthington, MA 01098 Notes: The Applicant presented his petition to the Board explaining that there were several lots in the neighborhood that were comparable in size to his request. The Board reviewed the lot analysis provided by Staff and it was their opinion that the Applicant’s proposal was in keeping with an established pattern of development in the neighborhood as several lots directly across the street were the same size as the Applicant’s proposal. There were no Abutters in opposition. The Board evoked their local definition of hardship and voted to approve the Variance. Motion to approve was made by Carlos Felix and seconded by Anthony Gallant. Vote was 5-0 to approve. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix X Assoc Thomas Tetreault X Item 4: Variance from Chapter 275-52 Rear yard setback from 6’ to 5’ to expand an existing attached garage. Location: 22 Mt. Vernon Rd. Chicopee, MA 01013. Applicant: Harry and Kimberly Melendez, same address. Notes: The Applicants presented their petition to the Board. Staff explained that accessory attached structures are required to have a minimum of a 6’ setback from rear and side yard lot lines. One Abutter spoke in favor of the petition on behalf of the neighborhood association. No Abutters expressed opposition to the Variance. The Board determined there would be no detriment to the neighborhood and reminded the Applicant that all stormwater runoff from the roof of the proposed garage must be directed away from abutting properties. The Board also conditioned their approval that the garage can never be converted to living space. 2 Motion to approve with the condition that the garage can never be converted to living space was made by Anthony Gallant and seconded by Julia Sudol. Vote was 5-0 to approve with the noted condition. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix X Assoc Thomas Tetreault X Item 5: Minutes from September 14, 2022 Motion to approve was made by Anthony Gallant and seconded by Julia Sudol. Vote was 5-0 to approve. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix X Assoc Thomas Tetreault X Item 6: Discussion - Old/New Business Notes: The Board inquired if the filing fees being collected were adequate to pay the legal fee bills. Staff noted they were. Item 7: Adjournment - next scheduled meeting is November 9, 2022 Motion to adjourn was made by Anthony Gallant and seconded by Thomas Tetreault. Vote was 5-0 to adjourn. Member Voting members Approve Deny Table Abstain Regular Anthony Gallant, Chair X Regular Gary Stamborski X Assoc. Julia Sudol X Assoc Carlos Felix X Assoc Thomas Tetreault X Meeting adjourned at 7:16 PM. 3