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Date: 10/11/2023
CHICOPEE — After several meetings, public comment and a protest petition, neighbors and abutters of the 523 James St. parcel can finally have a break now that a proposed zone change for the property was defeated.
The City Council voted against the proposal to change the parcel’s zoning from Residential A to Business A during an Oct. 3 meeting.
This was applicant Daniel Hannoush’s fourth attempt to secure the zone change. Hanoush sought the change to create consistent zoning across the entire property in order to construct a drive-thru Starbucks.
During an Aug. 3 Planning Board meeting, Diane Martin, who directly abuts the small parcel of land on Prospect St., spoke in opposition of the zone change, along with several others.
She shared it would be “detrimental to the area” as people already race down that street.
“It is the worst thing that could happen to the community,” she added.
Ultimately, the Planning Board voted 2-2 on this item, meaning a split recommendation would go before the City Council.
On Sept. 27, in a Zoning Committee meeting, the item was brought up again, but this time, as a request for withdrawal.
Ward 9 City Councilor Mary Beth Pniak-Costello explained that if the withdrawal was approved, the applicant could come back at any time with a new proposal.
While this zone change has been attempted four times, this is the first time it has involved potentially building a Starbucks.
In the past, Pniak-Costello said councilors Ronald Belair and Jerry Roy were opposed to this zone change. She noted that both individuals were proactive and advocated for quality of life in Ward 9.
She went on to say that the zone change discussion was brought up in late 2021 and in early 2022.
“They wanted an application for a zone change but didn’t have specific plans at the time. Now the plan is for a Starbucks,” said Pniak-Costello.
Other previous plans included a Dunkin’ and Family Dollar, but no matter what, the issue was not about the building — it was about land use, she explained.
Following the February 2022 discussion, the application was withdrawn, before coming back in July 2023. Pniak-Costello said the residents want to know why the issue keeps returning.
In addition to residents’ concerns with public safety such as traffic increases in an already heavily traveled area, residents — and Pniak-Costello — are wondering, “How often do we come back here?”
During the Zoning Committee meeting, a protest petition was presented with nearly 30 abutters’ signatures and read into the record by Ward 3 City Councilor Delmarina López. A neighborhood petition and letter from the Western Massachusetts Area Labor Federation was also presented, criticizing the zone change and issues with Starbucks, including claims that the company has broken federal labor laws “hundreds of times.”
Pniak-Costello shared that the way the protest petition is worded, if a large percentage of direct abutters sign the petition, instead of nine votes to pass the zone change, it would need 10 votes.
She explained that this is a different kind of petition, as a large number of signatures are not needed, but a certain percentage of abutters’ signatures are.
When it came time to vote on withdrawing the application, the committee unanimously voted against it, as well as the zone change.
As the Zoning Committee is a recommending body, López noted that the issue would not end there and would go before the full body on Oct. 3.
Following the meeting, Martin’s daughter, Tammy Martin-Griffin, told Reminder Publishing, “Our fight has been called a ‘historic’ case for Chicopee, as every two years — the minimum length of time interested developers have to wait before applying for another zone change proposal — we have had to put our lives on hold. Several of us are grieving very recent losses of our loved ones, and we have a couple people that are currently dealing with brand new babies having just entered the world and nursing sick family members and join together again to fight to save the tiny buffer that is all that is left between us and Memorial Drive.”
She continued, “Each time we find ourselves facing new obstacles in our fight, as each time there are new ways that are being tried to sneak this zone change proposal by the council that has already voted it down three times.”
Martin-Griffin said the representation right now in the city is “amazing” — particularly Pniak-Costello, López and Ward 9 City Councilor Derek Dobosz — as they listen to residents’ concerns with care and work hard for change.
Several residents attended the Oct. 3 meeting to once again speak in opposition of the zone change.
Pniak-Costello said, “How many times are these poor people [going to] have to come down here? This is not right. This is not fair. We have to be respectful of their time they put in and the stress they undergo … Enough is enough.”
With a vote of 10-1, motions for the applicant to withdraw and the proposed zone change were defeated. Ward 2 City Councilor Shane Brooks was the only one to vote in favor of it.
Because both items were defeated, Hanoush cannot seek a zone change for two years. If the City Council had approved the withdrawal, the applicant could have returned at any time.
With this outcome, Pniak-Costello said it will finally give neighbors a rest.
Additional information
In December 2021, Pniak-Costello visited the James Street area and counted more than 430 cars passing by in 30 minutes, meaning there are about 900 to 1,000 cars per hour.
“As far as I know, [there is] no updated traffic study” and there should be, she added.
Following the Aug. 3 Planning Board meeting, Martin-Griffin, said a comment she keeps hearing is, “They [abutters] should expect this … They bought into this.”
Her response is, “Nobody bought into this. [They] bought into a quiet, residential, safe, low traveled area” and were promised that the heavily wooded barrier in their backyards would always remain residential.
Martin-Griffin noted that traffic and speeding in the area is now “out of control.”
“Our section of Prospect Street has been turned into a cut through since the quest by the city to overwhelm this small area with new businesses that cannot safely and appropriately accommodate the already overcrowded traffic, noise and exhaust fumes,” said Martin. Breathing in those fumes would lead to health problems, she added.
Martin said another issue is that if a coffee shop goes in, abutting houses would depreciate “because who would want to buy a house with a Starbucks right behind it?” she questioned.
After speaking with neighbors, Martin-Griffin said there is not a single proponent for this zone change that lives in the vicinity of the parcel.
“More traffic is not needed,” Pniak-Costello said. “Adding a Starbucks will make this worse.”
She reiterated this is not just a recent idea or request — it has been an ongoing concern for many.
There is currently a house on the 523 James St. parcel which has been there for decades. However, the house is vacant and not in good condition, Pniak-Costello shared. Martin described it as a “dilapidated house” that she has direct sight of.