BOARD OF APPEALS MINUTES
Monday, June 22, 2009
7:00 p.m.
Present: Chairman Lisa Beauvais, Alternate Chester Zymroz and Alternate James Bodurtha
Absent: Vice-Chairman Gregory Neffinger, and Secretary Christine Kumiega-Provost
The Chairman called the meeting to order at 7:01 p.m.
1. Acceptance of Minutes
Ms. Beauvais moved to table the minutes of March 23, 2009, until the next meeting of the Board.
2. Public Hearings
7:00 p.m. (7:04 p.m.) – Pocket Communications (Special Permit) –Special Permit to amend existing special permit under Section 4.21 of the Zoning Ordinance for a change of one non-conforming use to another non-conforming use at the property located at 1362 Westfield Street in the Neighborhood Business (NB) zoning district.
Attorney Rich Sypek came forward representing Mr. Laguercia and he introduced Mr. Andrew Moon of Pocket Communications. In July of 2001 a special permit was allowed on this property. This is a change of use from the business Digital Communications to allow the business Pocket Wireless or any of its affiliates or agents, to operate from this location. Landscaping is an issue that will need to be looked at further with plans drawn up. If the board allows a change in the business at this location, then they would request a continuation to allow time to draft plans for the landscaping. Years ago this site was used by Mobil Gas and there is an issue relative to boundary lines. Mobil had a surveyed plan drawn and the lot lines are narrower than the area that is paved. The landscaping must be consistent with the current bylaw and Mobil has agreed to monitor the site and cap and pave the entire parcel. There are currently four curb cuts; 2 on Westfield Street and 2 on Kings Highway.
The DPW will not give permission for paving until the site is in compliance with the curb cut regulations. Attorney Sypek suggested the Board allow Pocket Wireless to operate at the site and continue the landscaping matter (condition #3) to a later date, 4 to 6 months from now.
Ms. Beauvais reviewed the decision of the Board from 2001. Ms. Beauvais asked how long they were operating at this location? Mr. Moon said they have been there two months.
Ms. Beauvais asked for questions from the Board. Mr. Werbiskis questioned if the Board needs to limit the use to a specific corporation or just a general use be allowed at this location. When issuing the 2001 decision the Board had some concerns with traffic generated with cell phone stores, but now we know the traffic patterns of cell phone stores, and we do not need to limit to a specific individual. Ms. Beauvais said if the use were to change, they would need to come back before the Board. Mr. Werbiskis said if the tenant or corporation name changes, then they may have to come back before the Board, so we may not want to restrict the user. Mr. Bodurtha suggested striking condition #2 from the previous decision.
Ms. Beauvais asked how long they would need to submit a landscape plan? Attorney Sypek said he needs time to look at the materials from Exxon, but probably 4 to 6 months to talk with them and get plans drawn up. Mr. Werbiskis suggested a date sooner than November because the asphalt plants will be closing for the winter.
Ms. Beauvais moved to amend the Special Permit from 2001, striking condition #2 and allow Pocket Communications to operate in this building while continuing the landscaping and paving issues to the public hearing continued to September 28, 2009, at 7:00 p.m. All other conditions and findings from the decision made in 2001 will remain in place; Mr. Bodurtha second. UAV.
7:05 p.m. (7:15 p.m.) – Robert McCarthy (Special Permit) – Special Permit under Section 4.21 of the Zoning Ordinance for the alteration of a pre-existing, non-conforming structure at the property located at 154 Lancaster Avenue in the Residence A-2 (RA-2) zoning district.
Mr. Robert McCarthy of 154 Lancaster Avenue said he would like to add a front porch to his existing house. The existing dimensions are 4 ½ feet by 6 feet and he would like to come off 6 feet by 20 feet. Mr. McCarthy said his neighbor’s porch extends out farther than that. The house to the right is 16 feet off the street and house to the left is 13 feet off the street.
Mr. Werbiskis noted the house is currently non-conforming due to the lot size requirement and the front yard is currently conforming due to the existing setbacks of two abutting homes.
Ms. Beauvais asked what is the footage in front? Mr. Werbiskis said it is 18 feet off of the street, side yard setback is 15 feet on the right and 18 feet on the left.
Ms. Beauvais said the neighbors are 16 feet from the road and 13 feet from the road. Mr. Bodurtha asked if the neighbors had porches also? Mr. McCarthy said the home on the right side has a porch. Ms. Beauvais asked why he was extending the porch out 1½ feet? Mr. McCarthy said it would be 6 feet off the house to ensure there was enough room to walk around. The porch would be 20 feet long. Ms. Beauvais said from the front property line, with the porch, he would be 16 ½ feet. Mr. Werbiskis said the front yard currently conforms due to the adjacent uses, he would be allowed one foot on the front yard without coming before the Board.
Ms. Beauvais asked for comments from the Board. Mr. Werbiskis noted there were no concerns from town departments. Ms. Beauvais asked for comments from the audience. No comments followed.
Ms. Beauvais moved to close the public hearing; Mr. Bodurtha second. UAV.
The Board discussed the wording of the decision and found this is not more detrimental that what currently exists. Mr. Werbiskis said this is not technically a Special Permit, per say, but the town does not have a findings appeal with single and two family homes.
Ms. Beauvais moved to make the finding that this project is not more detrimental than what currently exists now and is in conformity with the abutters and the neighborhood and is clearly within the allowable 14 feet setback; Mr. Bodurtha second. UAV.
7:10 p.m. (7:30 p.m.) – Janet Fong (Special Permit) – Special Permit under Section 4.21 of the Zoning Ordinance for the alteration of a non-conforming mixed use residential and business structure at the property located at 204 Baldwin Street in the Business B-1 (BB-1) zoning district.
Ms. Janet Fong of 60 Ames Avenue in Chicopee said she would like to reopen a small deli and convenience store at the old Govoni’s location on Baldwin Street. Ms. Fong said she would run a deli serving breakfast and lunch with convenience items, as it was before.
Ms. Beauvais asked what is currently operating at the site? Ms. Fong said the commercial use is closed now. Mr. Bodurtha asked if there was also a residential use at this property? Mr. Werbiskis said there is a two family use. Ms. Fong added the owner of the property lives there. Ms. Beauvais asked if the residential portion would continue to be used. Mr. Gil, the property owner, explained the two family floor plan layout, and noted both units are occupied.
Mr. Werbiskis said the property is non-conforming due to the mixed use commercial and residential. The commercial portion lost its grandfathering status because it has been vacant for more than two years. The two dwelling units are non-conforming because the Zoning Ordinance allows for nothing less than three units. Ms. Beauvais said if there was a change in use of the store they would have to come back before this Board.
Ms. Beauvais asked the hours of the store and Ms. Fong said Monday through Friday 6 a.m. to 8 p.m. and Saturday 8 a.m. to 6 p.m. Ms. Beauvais asked if there was parking available? Ms. Fong said there are five spaces off-street and a couple on street spaces. Employees would park in the rear. Ms. Beauvais asked where the residents park? Ms. Fong said the parking is behind the building. Mr. Werbiskis showed the parking layout to the Board. He said there is a large curb-cut area on Baldwin and Cold Spring where vehicles have been backing into the street. This location has a lot of vehicular and pedestrian traffic due to the abutting school. DPW would like to close that area in order to improve public safety and they request the tree belt be
restored and sidewalk replaced.
Ms. Beauvais said she was concerned with the curb cut and sidewalk because that area is congested with traffic from the school.
Mr. Zymroz said if that area of concern is closed off would there be additional parking? Ms. Fong said no, then there would only be on-street parking. The entrance to the building is on Baldwin.
Mr. Bodurtha questioned if the Board needed to define convenience store/deli and will it fit with what they want to do. Mr. Werbiskis said yes, convenience store, as defined in the bylaw.
Ms. Beauvais asked for comments from the audience.
Mr. Gil questioned if there would have been any issues if the business had remained opened. Ms. Beauvais said the store lost grandfathering status, but if there is a store operating at this location, then it would not be an issue. Mr. Werbiskis said there would have been concerns noted at any time with the Licensing Commission, Health Department, or DPW. Under current regulations for resurfacing, the DPW has requested the closure of the curb cut area before they can obtain a paving permit. This project would have been red-flagged at some point. More curbing is coming into that area. Mr. Werbiskis noted there were no other concerns raised by town departments.
Ms. Beauvais moved to close the public hearing; Mr. Bodurtha second. UAV.
The Board discussed including the DPW requirements in the decision.
Ms. Beauvais moved to approve the Special Permit and the Board finds that the project is not more detrimental to the neighborhood and is in conformity with the former use of the building and is subject to the recommendations of the DPW for the tree belt to be restored and the sidewalk replaced. All the recommendations of the DPW shall be adhered to as part of the project.; Mr. Bodurtha second. UAV.
3. New/Old Business
706 Prospect Avenue – Mr. Werbiskis said all fencing on the property was included in the decision of the Board and the applicant would like the decision modified to reflect the Board had no issues with the rear fence.
Ms. Beauvais said this matter would have to wait until the next meeting when Mr. Neffinger and Ms. Kumiega are in attendance to discuss the decision.
4. Date of Next Meeting
The next regular meeting of the Board will be held on Monday, July 27, 2009, at 7:00 p.m.
5. Adjournment
Ms. Beauvais moved to adjourn the meeting at 8:02 p.m.; Mr. Bodurtha second. The vote was unanimous.
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Christine Kumiega Provost
Secretary, Board of Appeals
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