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Chicopee zoning committee approves rezoning of 749 James St. to Business A after neighbor objections
Summary
The Zoning Committee voted to change a split-zoned parcel at 749 James St. from Residential A to Business A so an existing building can host a restaurant; planning staff said about 72% of the parcel is already Business A and residents raised safety, traffic and prior-business-conduct concerns.
The Chicopee City Council Zoning Committee on Feb. 25 approved a zone-change petition to reclassify about 9,780 square feet of 749 James St. from Residential A to Business A to allow an applicant to operate a restaurant.
Planning Department staff member Lee Pouliot told the committee the total parcel is roughly 35,163 square feet, with just over 72% of that area already designated Business A and just under 28% Residential A. Pouliot said the existing building sits mainly within the Business A portion, and that rezoning the remaining fragment would address a split-zone condition rather than expand the building footprint or introduce new commercial intensity.
Applicant Duy Nguyen said he intends to open a coffee shop serving breakfast. Several nearby residents, including Carol Pease and Robert Masse, opposed or questioned the petition in public comment, citing prior inspections and fines related to Mr. Nguyen’s New Hampshire businesses and alleging a business was listed as not in good standing. Neighbors also raised concerns about traffic, lighting, noise and the loss of a residential buffer.
Councilor Joel McAuliffe responded to public concerns by saying the council must follow applicable law when making a zoning decision and therefore cannot base its vote on out-of-state enforcement history. "There is the law and there are facts that the Council is required to follow," McAuliffe said. Councilor Joseph Pasternak acknowledged residents’ concerns but said correcting past split-zoning errors is a legitimate municipal interest.
On a motion by Councilor McAuliffe, seconded by Councilor George Balakier, the committee voted by roll call to approve the zone change. The motion passed.
