Chicopee zoning committee allows withdrawal of Cruise Control towing special-permit appeal as Land Court review proceeds

Attorney Tom Reidy, representing Cruise Control Transportation, told the Chicopee City Council Zoning Committee on Feb. 25 that his client had submitted a letter asking to withdraw a Special Permit application for a towing and storage business at 78 West St. without prejudice while a Land Court action determines whether the use is a lawfully preexisting nonconforming use.

"We believe that the zoning ordinance doesn’t require a Special Permit," Reidy said, describing his office’s recent research and a Land Court complaint filed this week seeking a judicial determination. He said that if the Land Court finds a special permit is required, the applicant will pursue the local special-permit process; if not, no special permit would be necessary.

Councilor Joel McAuliffe moved to allow the withdrawal without prejudice; Councilor George Balakier seconded the motion. The committee took a roll-call vote and the motion passed. The committee had earlier recessed into executive session to discuss litigation strategy related to the application and returned to open session before taking the withdrawal vote.

The committee did not rule on the underlying zoning question; instead, the withdrawal will allow the pending Land Court process to determine whether the use is lawfully preexisting and therefore exempt from a special-permit requirement. The motion’s outcome was recorded by roll call at the meeting.