Ordinance Committee / Planning Board Joint Meeting November 28, 2023

Posted November 22, 2023, 10:30 AM

vídeo en español

City Council
Holyoke Massachusetts

Pursuant to the Massachusetts Open Meeting Law, G.L. c. 30A, §§ 18-25,
and Chapter 2 of the Acts of 2023,
notice is hereby given of a meeting of the committee on
Ordinance
with hearings held jointly with the Planning Board

Tuesday, November 28, 2023
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 Ordinance Chair: Linda Vacon; Planning Board Chair: Mimi Panitch
Remote access via www.zoom.us https://us02web.zoom.us/j/83177436694?pwd=OEsrK2JFYWZ5SWVIdHlOQlUvQko4dz09
Meeting ID: 831 7743 6694 Meeting Passcode: 289877 or by call in at 1 (646) 558-8656 with the same Meeting ID and Passcode.

Live Spanish interpretation will be available on local access channel 15 using the television’s SAP option, through the live stream on the city website, as well as on the Zoom feed by clicking the interpretation option and choosing Spanish.

Agenda

Item 1: PUBLIC HEARING 3-7-23 MCGEE — Ordered, that the Zoning Ordinance be amended to add a Section for Tiny Houses, in addition to amending Section 2 DEFINITIONS, and any other Sections that may apply to this use.
(joint hearing with the Planning Board, continued from 4-25-23, 9-26-23)

Item 2: PUBLIC HEARING 3-7-23 MCGEE — Ordered, that the Zoning Ordinance, Section 7.8 WIRELESS TELECOMMUNICATION FACILITIES AND ANTENNAS, be amended to include Small Wireless Facilities.
(joint hearing with the Planning Board, continued from 4-25-23, 5-23-23, 8-22-23)

Item 3: PUBLIC HEARING 3-7-23 MCGEE — Ordered, that the Zoning Ordinance, Section 6.4.2 Exemptions, be amended to add a letter,
(k) Banners or signs associated with a civic or municipal program may be allowed in all districts. Community or commercial sponsorship may be displayed on said banner or sign provided that the banner or sign itself is not be greater than six (6.0) square feet. These installations must be approved by the City and by the Department of Public Works as applicable.
(joint hearing with the Planning Board, continued from 4-25-23, 5-23-23, 8-22-23, 10-24-23)

Item 4: 10-18-22 MALDONADO VELEZ, GIVNER — Ordered, that the City Council add a section for Battery Storage Facilities to the Zoning Ordinance (Section TBD) to reflect technology advancements and future need for such installations; new facilities will be reviewed through Section 10.0, Major Site Plan Review.
(public hearing closed 10-24-23)

Item 5: 5-16-23 MURPHY-ROMBOLETTI — Ordered, that the City Council amend Ordinance 2-336(a) and (b) to reflect a streamlined process for disposition of tax title properties and other properties not needed by the City for municipal purposes and to add a new section for the creation of an Abutter Lots Sale Program.
*Tabled 6-27-23, 8-22-23, 9-12-23

Item 6: 2-7-23 JOURDAIN, VACON — Ordered, that Ordinance 2-421 be amended to include all public hearings so that the public has an opportunity to truly participate in their government and to advance transparency.
*Tabled 4-25-23, 6-27-23, 8-22-23, 9-12-23, 10-24-23

Item 7: 9-5-23 JOURDAIN, MCGIVERIN, MCGEE — Ordered, that the Ordinance Committee invite in the Mayor and DPW superintendent to review Chapter 74 of our ordinances on Solid Waste and how this reconciles with the proposed roll-out of a new residential trash pickup program in light of our already existing laws in this area.  It is requested that they review their proposal with us so we and citizens can understand it better.
*Tabled 9-12-23

Item 8: 10-17-23 BARTLEY — The DPW and Law Dept work with the Ordinance committee to invoke some flexibility in the new trash bin program. For example – to allow single family homes to apply for more than one 96-gal bin so long as the homeowner’s request is reasonable and justified. Example two – to allow for the homeowner to swop out the 96-gal bin for a smaller, more suitable trash bin. Refer to Ordinance.

Item 9: 10-3-23 GIVNER — With community support, Order that our trash receptacle ordinance be updated to reflect the following:
Update to Ordinance Chapter 74 Section 2:
(a) Residential rubbish receptacles.
(1) 96 gallon, rodent proof, water tight, residential rubbish receptacles are provided by the City. One receptacle is provided to each residential unit or household. Additional containers are not available and cannot be acquired.  Lost or damaged containers must be purchased from the City/DPW by residents at the current rate. A smaller receptacle may available by request. Considerations are made on a case by case basis and depend on need as determined by the disabilities commission/senior advocate/ personal / health advocate?
&
(3) Should the number of containers necessary to contain all refuse at a given residential location exceed 1 95 Gallon receptacle on a weekly basis, the superintendent of public works will have the right to require the property to utilize an alternate method of collection.
-To Ordinance / Copy to DPW

Item 10: (copy) 10-18-22 GIVNER — With Community support, Order to increase trash can minimum to 50 gallons for municipal pickup service, as our DPW accommodates piles of trash bags en lieu of required current 35 gallon size. This in an effort to increase can use participation in order to mitigate the health hazards of torn and rummaged through piled bags for pickup.

Item 11: 9-5-23 JOURDAIN, PUELLO — City Council review the law for the enforcement of rights of reverter and extensions of reverter.
*Tabled 9-12-23

Item 12: 9-5-23 JOURDAIN, PUELLO — Law Dept provide the City Council an inventory of all outstanding rights of reverter with parcel id numbers, address, what the current reverter expiration date is if it has one, provide a summary of the condition that the reverter is based on (i.e. change of use (such as if no longer used as a golf course) or if no development by X date).
*Tabled 9-12-23

Item 13: 3-10-20 VACON — Ordered, that street vendors who have received a license may be granted a renewal of the license for the same location without a hearing when all required approvals are presented with the application and any required fees/taxes are paid
*Tabled 1-25-22, 4-26-22, 6-8-22, 9-27-22, 10-25-22, 11-29-22

Item 14: 2-21-23 PUELLO — in accordance with the city charter, create ordinance language that confirms, no sitting city councilor shall become a member of any board or commission in city government during the term of office. To Ordinance Committee

Item 15: 11-21-23 PUELLO — That we consider crafting an ordinance stipulating requirements for expenditure of funds of the police special events line and requirements. Example: committee organized event, private businesses participating, alcohol served, who is profiting etc.

Item 16: 11-21-23 TALLMAN, VACON — Ordered, that a review of the ordinance on the Soldiers Memorial Commission be done to update the language.

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.