Zoning committee approves rezoning at 749 James St. for proposed restaurant despite neighborhood objections

The Chicopee City Council Zoning Committee voted Feb. 25 to approve a zone-change application for a portion of 749 James St., converting the Residential A portion to Business A to allow the applicant to operate a restaurant. Applicant Duy Nguyen told the committee he intends to open a coffee shop that serves breakfast.

Planning staff member Lee Pouliot told the committee the total parcel is about 35,163 square feet, with the Business A portion comprising just over 72% of the parcel area and the Residential A portion just shy of 28%. Pouliot said the existing building sits largely within the Business A portion and that rezoning would align the zoning boundary with the parcel’s existing use rather than expand the building footprint or introduce new commercial intensity.

Why it matters: The vote resolves a split-zone condition that staff said complicates enforcement and future permitting but generated neighborhood opposition that emphasized potential traffic, lighting, noise and public-health concerns. The committee’s decision removes the split-zoned status from the parcel and clears the way for the applicant to pursue local permitting needed to operate.

During public comment several nearby residents opposed the change. Carol Pease said Mr. Nguyen’s businesses in Nashua, N.H., had been subject to multiple inspections and fines and voiced concern about "public health and safety." Robert Masse said food handling requires adherence to state public-health standards and expressed concern about licensing and sanitation; he also said a related business was listed as not in good standing by the New Hampshire Department of State. Other neighbors raised concerns about traffic, the absence of sidewalks on parts of James Street, buffering between the property and backyards, and potential effects on property values.

Councilor Joel McAuliffe said he was sympathetic to "not in my backyard" concerns but emphasized the council must follow the law: "There is the law and there are facts that the Council is required to follow. The Council cannot legally consider what violations the applicant had in New Hampshire or did not have when it comes to approving and not approving. That is the law." Councilor Joseph Pasternak acknowledged residents’ concerns about preserving buffers and asked staff whether a prior use (Bernie’s) had a special permit for back loading; staff said they were not aware of a special permit and said any site reconstruction would require additional reviews, including site-plan review for additions.

After closing public input, Councilor McAuliffe moved and Councilor Balakier seconded to approve the zoning change for the +/-9,780-square-foot portion of the parcel; the motion passed on a unanimous roll-call vote.

The approval changes the parcel’s zoning classification and removes the split-zone condition; it does not itself authorize any construction or operation. Any future changes to the building or site will be subject to standard permitting and site-plan review requirements noted by staff.