Chicopee zoning subcommittee denies zone change request for 143 Royal Street, cites spot-zoning and ADU alternative

The Chicopee City zoning subcommittee voted unanimously on Oct. 29 to deny a proposed zone change that would have allowed the conversion of an existing two-family at 143 Royal Street into a three-family.

Brandon Benick, the applicant, told the committee he bought the foreclosed property about a year ago and wants to “revitalize and make highest and best use of the property.” He said he planned to occupy the back unit and manage the property to avoid the noise and parking problems associated with prior tenants. Benick also noted state ADU rules and said an accessory dwelling unit option exists for some single-family zones.

Planning staff and the planning board recommended denial. Planning Director Lee Poyet’s written memo, read into the record, said the structure is a legally nonconforming two-family in a Residential A block where single-family homes dominate and no adjacent Residential C parcels exist. He wrote that granting the change would constitute spot zoning and that the applicant could pursue a third unit by using state ADU provisions and building permits without a zone change.

Neighbors who spoke at public comment opposed the rezoning, citing the street’s dead-end configuration, parking congestion, and a desire to preserve single-family character. Longtime residents described prior problems with tenants at the property and said additional units would increase traffic and on-street parking pressure.

Councilors discussed both the city’s effort to reduce spot zoning and the limits of local control over ADUs. Councilor Brooks emphasized that denying the zone change would not prevent the owner from pursuing building permits and ADU options: “He could do this by right…he could still proceed tomorrow morning with going to the building department and pulling a building permit and start to build that out immediately,” Brooks said.

The committee motioned to deny the requested zone change; a roll call recorded five votes in favor of denial (Balakar, LaBrie, Shumsky, Brooks and Goff). The chair said the committee’s denial will be forwarded to the full City Council on Thursday, Nov. 6.

Planning staff materials on the file include the planning board’s unanimous negative recommendation and a planning director memo (file 25-3007). The transcript and departmental memos were the primary record for the committee’s decision.

The committee’s denial leaves the applicant the option to pursue an ADU or building permits under state law without a zone change.