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Date: 2/8/2022
CHICOPEE – A zone change from Residential A to Business A on 523 James St. continues to draw extensive discussion from councilors and citizens alike. After petitioner Sherri Fanti requested that the zone changed be withdrawn, the council debated the future of the James Street property during their Feb. 1 meeting.
Fanti made her initial request in a letter to the council sent out on Jan. 14. The potential zoning change is inspiring locals of the area to rally against the issue, with Barby Street resident Beverley Bellavance highlighting the neighborhood perspective through community petitions and regular appearances during the council’s public speak out period. In her address to the council, she requested a moratorium for the zone change that will prevent Fanti from reapplying in two years.
Before discussing the item, City Solicitor Marshall Moriarty took time to explain the impacts of the vote. He explained that if the withdrawal is approved, the applicant would be free to connect with residents near the location and return to the council with the zone change reissued. If the withdrawal is denied, it leads to further review from the Planning Board and Zoning Board before the council take a final vote on the issue.
Once the final vote is reached, the council can either approve the zone change and trigger a 20-day appeal period or deny the permit, which would enact a two-year moratorium on the zone change, according to Moriarty.
The potential zone change drew various perspectives from the council. Ward 2 Councilor Shane Brooks said he sides with the neighbors’ sentiments on the issue, citing the council’s recent removal of the Center Loop bike path and denial of a Cumberland Farms in Ward 8 as examples of the city being proactive in handling neighborhood complaints.
“I don’t think it can be any clearer that the residents of Ward 9 no longer want this to go forward…I think that their voice has certainly been loud and clear, and we’ve set a precedent on this board with listening to residents of neighborhoods,” said Brooks, who stressed his stance to deny the withdrawal. Ward 3 Councilor Delmarina López and Ward 6 Councilor Derek Dobosz echoed Brooks’ sentiments, with López viewing the “overwhelming” neighborhood response against the zone change as sufficient grounds to deny the withdrawal.
Councilor At-Large James Tillotson and Ward 1 Councilor Joel McAuliffe countered their perspectives, believing it would be unfair for the city to deny the issue without hearing the petitioner present what the business would be. “I think it’s a poor practice for the city to outrightly reject something without giving it a full hearing and an opportunity to go through the process,” said McAuliffe.
McAuliffe also denied speculation from Bellavance about the councilor having an impartial perspective on the issue, with Bellavance highlighting a $1,000 donation McAuliffe received last year from the Fanti family as part of a “quid pro quo” agreement. “I receive donations from countless business owners and residents…the reason I am able to do that is because I act independently in the best interest for the city,” said McAuliffe, who shared that his lack of preconceived bias on issues is recognized by the State Ethics Commission.
In her support of the neighbors, Ward 9 Councilor Mary-Elizabeth Pniak-Costello detailed the lengthy battle residents continue to endure with the James Street property. She shared that the residents approached the council two prior years to vote against the Fanti zone change request, with the continual reissuing of the change creating a unique “boomerang zone change.”
“I cannot remember a zone change being a boomerang zone change…These residents do not want this zone change and they have fought hard since the Dec. 7 meeting to make sure their voices are heard,” said Pniak-Costello. The councilor stressed that her constituents stand against the change due to traffic, public safety concerns and the zone change’s impact on local property values.
After lengthy discussion, the council approved the withdrawn zone change in a 9-4 vote. Going forward, the petitioner is allowed to reopen discussion on the zone change if they reissue their request.
In the aftermath of the meeting, Pniak-Costello said she considers the council’s decision a victory for her constituents. “The residents were adamant that they did not want that land to be rezoned to business. They worked hard as soon as news of the petitioner return became public…it was a hard-fought victory for the residents,” said Pniak-Costello in an interview with Reminder Publishing.