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City Council Zoning Committee tables controversial zoning overlay ordinance

Date: 5/4/2010

May 5, 2010.

By G. Michael Dobbs

Managing Editor



CHICOPEE -- After almost two hours of testimony from residents and questions to City Planner Kate Brown, the zoning committee of the City Council tabled a controversial zoning ordinance that would have put an "overlay" over part of the downtown area.

The capacity audience in the council chambers was clearly against the overlay plan, but unlike the recent meeting between Ward Four residents and Mayor Michael Bissonnette, there were no confrontations.

A particular focus at the meeting was brought by members of the School Committee who argued the additional housing an overlay zone could bring about more children who could overcrowd the city's already at-capacity elementary schools.

As Brown explained to the audience gathered for the meeting Wednesday night, in 2004 the state adopted a law that would encourage "smart growth" in urban areas. If an overlay zone were put in place by a municipality, the state would provide financial incentives to the community for the construction of new housing units within the district.

The district, as defined in the proposed ordinance, includes Cabotville, Canal Loop, Downtown Loop, Eastern Etching, Exchange, Gateway, Tool House and West Street Corridor. Brown prepared a map of the area to show the councilors that at this time there is a "very small amount of land available" for development.

Brown added there was a $600,000 maximum for the district and part of the units built within a district would be "affordable housing." The state defines "affordable" as housing within the financial means of a person who is earning 80 percent of the median income of a region defined by the Department of Housing and Urban Development. A household of one person would be capped at $43,450. With the addition of any other person the cap would be raised between $5,000 and $6,000, she added.

The city has been planning the overlay district for the past three years, Brown said. The proposed overlay plan for the downtown area was another "tool" the city could use to attract developers, she explained. The "game plan," she said, would be to attract market rate housing, but 20 percent of any development would have to priced for the affordable market.

She readily admitted she doesn't see developers lining up with the present economic conditions to build market rate housing in the downtown area. She also said the proposed condominium units in the Cabotville complex, along with the former Navy housing units at Westover Air Reserve Base, are "a lot of housing to absorb."

Resident James Raschilla told the councilors he believed that census information would show there wasn't the need for additional housing the city.

"The numbers don't play out," he said. "I'm not sure what the rush is."

When Brown was asked by City Councilor Timothy McLellan if a housing project could be comprised completely of affordable housing, she said it could.

Resident Dan Appleton said he would like to see the downtown area revitalized, "but we have enough problems in [low income housing] already."

The ordinance before the city councilors read in part, "The purposes of the Chicopee 40R Smart Growth overlay District are:

• "To provide an opportunity for residential and mixed-use development, including new construction and renovation of existing buildings, within a distinctive attractive and livable environment that supports the commercial revitalization of Chicopee center.

• "To promote continuing development and redevelopment in Chicopee center that is pedestrian friendly and consistent with Chicopee history and architecture.

• "To ensure high quality site planning, architecture and landscape design that enhances the distinct visual character and identity of Chicopee center by providing the environment with safety convenience and amenities.

• "To provide a diversified housing stock at a variety of costs within walking distance of services that meets the needs of the city's population.

• "To generate positive tax revenue and to benefit from the financial incentives provided by Massachusetts General Laws Chapter 40R, while providing the opportunity for new business growth and additional local jobs."

City Councilor George Moreau asked Brown if other communities had adopted an overlay zoning plan and she said that 27 other cities and towns in the Commonwealth have done so. She added there has been no study to show how the overlay districts have affected a community, though.

During the testimony period, School Committee members Adam LaMontagne, Michael Pise and Donald Lamothe all expressed their concerns about the overlay proposal. Pise noted there is no room for expansion at the Bowe School, nor at the Belcher or Stefanik schools.

Lamothe said he came to the meeting with an open mind, "but after listening tonight I would be against passing this. I would rather have local control on a site plan by a [individual] site plan basis."

LaMontagne asked the councilors to work together with the School Committee on this issue.

Brown assured the councilors at several points that the ordinance was theirs to modify.

The city has until 2013 to adopt the overlay zone.