Ordinance Committee Meeting November 23, 2021

City Council
Holyoke Massachusetts

Pursuant to the Massachusetts Open Meeting Law, G.L. c. 30A, §§ 18-25,
and Section 20 of Chapter 20 of the Acts of 2021,
notice is hereby given of a meeting of the committee on
Ordinance

Tuesday, November 23, 2021
6:30 PM

Meeting to take place at
Holyoke City Hall, 536 Dwight St
and can be accessed remotely on Zoom Meetings
Per order of the Chair: Rebecca Lisi

Remote access via www.zoom.us
https://us02web.zoom.us/j/87494001920?pwd=VzZvQmcrTUJNS1NZRUNKM25paXBTQT09
Meeting ID: 874 9400 1920 Meeting Passcode: 933111 or by call in at 1 (646) 558-8656 with the same Meeting ID and Passcode.

Agenda:

Item 1: PUBLIC HEARING 10-5-21 Zone Change Application from R1 to RM20 for Cherry Hill Estates Condominium Trust at 1 Maplecrest Circle (151-00-006.1C) to change the back 6.7 acres from R1 to RM20 to form one contiguous zoning

Item 2: PUBLIC HEARING 10-5-21 BARTLEY — The City amend its zoning ordinances to allow for front yard pools by special permit of the City Council and to make any other necessary changes to the Swimming Pool ordinance. Refer to Ordinance Committee and copy to Building commissioner said special permit would be reviewed as part of a public hearing process. The current zoning for Swimming Pools (sec 4.5.2) as currently written, states:
The wall of a swimming pool shall not be located less than eight (8) feet to any dwelling or accessory structure, six (6) feet from any rear or side lot line, and ten (10) feet from the street line. A pool shall not encroach into any front or side yard of a parcel. In the case of corner lots, pools shall not be constructed within the front yards of the lot.

Item 3: PUBLIC HEARING 9-7-21 VACON — Amend the zoning ordinance to read any home construction in a residential zone shall be greater than 50% living space.  A special permit from CC is required if the home construction will have 50% or less living space.
Recently home plans have been approved and it has been communicated from the Building Commissioner that our current residential zoning allows for construction of a home that is 80% garage and 20% living space.

Item 4: 4-6-21 MURPHY, LISI — Ordered that the city council consider adopting a wage theft ordinance for all contractors doing projects for the city or receiving special tax incentives by the city similar to Easthampton and Springfield with the following purposes: prevent misclassification of employees as independent contractors; assure that employers are paying all payroll taxes and workers compensation premiums; comply with state laws governing the payment of prevailing wages; assure that contractors provide opportunities for Holyoke residents, veterans, people of color and women.
*Tabled 5-25-21, 6-22-21, 9-28-21, 11-9-21

Item 5: 6-15-21 LISI – that the marijuana ordinance be amended to correct 1) the site plan review process in section 7.10.6.5 (b) and 2) the reference to the Table 4.3 of Principal Uses in 7.10.5.3 (a)
*Public Hearing closed 10-26-21

Item 6a: 11-16-21 MCGEE — ORDERED that the City Council amend Ordinance 2-69 by striking section (g) (2) from the ordinance.  That section states ” No employee of the city shall simultaneously serve on the city council during their time of employment.”

Item 6b: 11-16-21 From Lisa Ball, Acting City Solicitor, legal opinion on City Councilors also holding employment with the City of Holyoke.

Item 7: 9-7-21 MURPHY — Ordered that an ordinance be established prohibiting gas stations from selling gas to illegal dirt bikers/OHV’s.
*Tabled 11-9-21

Item 8: 9-7-21 MURPHY — Ordered that an ordinance establishing municipal fines for illegal operation of dirt bikes and OHV’s be established at the highest possible level allowed.
*Tabled 11-9-21

Item 9: 6-1-21 MCGEE, LEAHY — Order that the city of Holyoke look to adopt an ordinance similar to Springfield regarding recreation and off highway vehicles – see chapter 385- recreation & off-highway vehicles city of Springfield.
> <ORD-2019-11 Chapter 385-Recreation & Off-Highway Vehicles – City of Springfield, Massachusetts
*Tabled 11-9-21

Item 10: PUBLIC HEARING (continued from 7-27-21, 9-14-21, 10-12-21, 11-9-21) 6-15-21 – Zone change proposal to create a Retail Center (RC) zone taking into account both present tenancies and desired future development of such properties with appropriate criteria to ensure proper cohesive uses and promote continued mixed commercial/retail in Holyoke.

Item 11: PUBLIC HEARING (continued from 7-27-21, 9-14-21, 10-12-21, 11-9-21) 6-15-21 – Zone change proposal to have the City of Holyoke remove from its Code of Ordinances, Appendix A, Zoning Ordinance, Section 8.3 “Shopping Center Districts” and any other references to said zone and replace with Retail Center (RC).

Item 12: PUBLIC HEARING (continued from 7-27-21, 9-14-21, 10-12-21, 11-9-21) 6-15-21 – Zone change proposals to rezone the following parcels to Retail Center (RC) in an effort to create a cohesive regional destination district of mixed commercial / retail which all property owners will share the same regulations: 12 Holyoke St (117-00-005), 229-241 Whiting Farms Rd (174-00-013), 227 Whiting Farms Rd (174-00-013A), Lower Westfield Rd (174-00-013B), 95 Lower Westfield Rd (174-00-016), 250 Whiting Farms Rd (174-00-017), 225 Whiting Farms Rd (174-00-018), 7 Holyoke St (174-00-020), 98 Lower Westfield Rd (174-00-021), 94 Lower Westfield Rd (174-00-022), 86 Lower Westfield Rd (174-00-024), Whitney Ave (176-00-010B), 50 Holyoke St (176-00-010C), 400 Whitney Ave (176-00-013), Whitney Ave (176-00-014), 489 Whitney Ave (176-00-014.1), 494 Whitney Ave (176-00-027), 496 Whitney Ave (176-00-028), Whitney Ave (176-00-029)

Item 13: 10-19-21 LEBRON-MARTINEZ — that a handicap sign be placed in front of 58 North Bridge St. for Marilyn Vazquez, Placard P95360581

Item 14: 11-16-21 MURPHY — Ordered, that the handicap sign located at 24 Hampden St be removed. The resident that applied for this has since moved to another location in the city, and has a new application pending for the new address.

Item 15: 11-16-21 HERNANDEZ — Ordered, Remove handicap sign from in front of 136 Beech street.  Constituent passed away.

Administrative Assistant: Jeffery Anderson-Burgos

The listing of matters are those reasonably anticipated by the chair which may be discussed at the meeting. Not all items listed may in fact be discussed and other items may also be brought up for discussion to the extent permitted by law. Also one or two items may require the committee to enter into executive session at this meeting. Agenda subject to change up to two business days (48 hours) prior to posted meeting time.