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Neighbors of Westover Building Supply must wait longer for zoning decision

Date: 4/24/2015

CHICOPEE – The City Council vote that would allow the expansion of Westover Building Supply – a move that is hotly opposed by the people who live around the business – will be delayed one more time.

At the April 21 meeting, councilors approved the motion to table the vote on the zoning change at the request of Attorney Thomas Murphy representing the business. Murphy said that the zoning change requires the vote of 10 councilors to pass and two councilors were absent that night. Of the 11 councilors present, he said that two have publicly stated they were against the zone change, so the motion would fail.

He successfully argued that his client wouldn’t receive a fair vote. Councilor Shane Brooks made the motion to table, and it was passed with three councilors – James Tillotson, Adam Lamontagne and Frederick Krampits – voting no.

The subject once again dominated the public speak-out portion of the meeting. Resident and abutter Steve Mekal said he believes the building that will be constructed of the zone change for three parcels on Telegraph Avenue passes will not be used as garage for trucks that haul drywall but will eventually be used for storage.

He said forklifts from the company are routinely in the street.

Michael Klin charged an “empty lot” the company speaks about should be used for parking. He said the company is renting parking spaces in the parking lot of a church that faces Telegraph Avenue. He sees this as a violation of the church’s nonprofit status as described by Massachusetts General Law and the Internal Revenue Service regulations.

Sue Nimchick called the zoning effort “a classic example of spot zoning” and said that more than 100 people have signed a petition against the change.

“The situation is dire and worse,” she said.

In a letter to Reminder Publications, Nimchick spoke of the neighbor’s concerns about increasing diesel fumes, noise from early morning deliveries among other concerns.

“The heavy and intense industrial operations extend beyond the actual set property boundaries continuously spilling and pushing against out homes thus impacting property values and our annual home investments,” she wrote.

School Committee member Mary Beth Pniak-Costello asked the councilors to consider how the zone change and subsequent expansion would affect the safety of students walking to school in the neighborhood.

Murphy stressed the Planning Board has already approved the change, as did the City Council’s Zoning Committee. He said the garage was needed to shelter the drywall trucks and their loads and the business has been in its location for 53 years.

“This neighborhood is well protected,” Murphy said.

In other action the council approved an appropriation of $240,000 to repair three of the city’s pools in order to be ready for summer. Department of Public Works Superintendent Jeffrey Neece said the repairs would get the pools “up and running.”

The three pools to be repaired include Szot Park, Fairview Park and Rivers Park. Concrete repairs, new caulking of expansion joints and new drain covers will be among the items addressed at the three locations.

Several of the councilors expressed concern about why these three pools were selected to be repaired. Neece explained a report on the pools’ condition determined the order of repair.

The council also approved $15,500 to be used to pay for an analysis that could lead to the replacement of the way the city adds chlorine to its water. Neece explained the current use of chlorine gas is both out of date and poses a public safety hazard and recommended a switch to a liquid chlorine treatment system.