Chicopee City Council votes on two controversial Zoning Committee applications

The Chicopee City Council discusses two zoning application during its March 3 meeting.
Photo credit: ChicopeeTV

CHICOPEE — The City Council and residents voiced their opinions about two hot-button committee reports that ultimately yielded mixed results during the City Council meeting on March 3.

The first was a special permit application for the purpose of operating a towing and storage business located at 78 West St. The permit was filed by Cruise Control Transportation under the direction of Sturbridge resident Joshua Roy.

The permit to operate towing and storage on a property that also contains an auto body shop has drawn lengthy discussion during previous Zoning Committee meetings and at the council meeting. Neighbors described narrow streets, frequent on-street parking, and the potential for the new operation to worsen conditions for city vehicles and local traffic.

Despite being handed a cease and desist by the city, the business has continued to fight for the permit. The permit was previously voted down by the City Council in December 2024 since it did not receive nine votes. However, the council was not at full capacity following the death of Vice President/Councilor-at-Large Robert Zygarowski and the departure of Councilor-at-Large Tim Wagner.

Due to the two absences, the applicant took the city to court, and the judge ruled that the City Council would have to revisit and revote on the item. At a previous City Council meeting, Associate City Solicitor Tim Riley explained to the board that it had to hear out the special permit application because the city agreed to do so in court.

On March 3, City Councilor George Balakier, who chairs the Zoning Committee, motioned to approve the request to withdraw without prejudice.

He explained that the committee has had a lot of discussion about this proposal, and at the recent Zoning Committee meeting on Feb. 25, the applicant was represented by an attorney who “felt at this point this is what they wanted to do.”

Riley explained that to withdraw without prejudice means that the court case can move forward. “Either way, the court case is going to move forward, but it would clear the decks for that,” he stated.

He also explained that if the council voted to allow them to withdraw with prejudice, it would mean the applicant couldn’t come back for a certain amount of time unless they got a court order. Riley stated, “They still have two cases, two court cases … the judge could order them back, so that’s why we recommended [to] withdraw without prejudice.”

City Councilor Shane Brooks, who has been outspoken about this special permit for a while, made a motion to withdraw with prejudice.

After discussion, the motion to withdraw with prejudice failed 6-5 with two abstentions. After a re-vote was approved, the motion passed 6-4 with three abstentions.

The other contentious Zoning Committee report was a zone change application from Residential A to Business A for a property located at 749 James St. for the purpose of opening a restaurant. The application, which was proposed by applicant Duy Nguyen, was ultimately shot down by the council at its March 3 meeting after much discussion.

To get a zone change approval, the applicant needs the approval of the Planning Board as well as a favorable recommendation from the Zoning Committee, and then approval from the City Council.

The parcel is split-zone, meaning two zoning districts exist on the parcel. The total parcel is approximately 35,163 square feet; 25,283 square feet is zoned Business A, and the remaining 9,780 is zoned Residential A.

Currently, most of the remaining restaurant building exists within the Business A portion of the parcel. A curb cut drive aisle, a small portion of the building, and some parking exist in Residential A.

The previous business, Bernie’s Dining Depot, closed its doors in 2022 after 42 years. Balakier explained that even without the zone change, a new restaurant could open in the existing building within the Business A portion of the lot. Furthermore, the zone change for the parking associated with the Residential A property can be legally used to support the new restaurant.

“The zone change request is consistent with the Planning Board and the City Council’s efforts to address split zone parcels. In this case, the parcel has supported a business use for decades. It has never supported residential use,” Balakier stated.

A protest petition was filed by the abutters and signed by about 20% of “the owners of property immediately adjacent to and within 300 feet of the subject property. The application needed 10 votes instead of nine to pass due to the protest petition.

Nguyen stated at the Dec. 18 Zoning Committee meeting that he wanted to open a restaurant, but because the floor was too high, the roof was too low, and due to a lack of handicap accessibility and fresh air inside the building, he went to apply for a permit with the Building Department to remodel. He said he was asked by the Building Department to make the property uniform in zoning before remodeling the building.

After debate from the City Council, the motion failed 8-5. Some City Councilors argued that Bernie’s had a successful business without a zone change. Others wanted to see it combined for safety and the addition of more proper parking for the new restaurant.