Ordinance Committee Meeting January 25, 2022
6:30 pm City Hall Holyoke
536 Dwight St, Holyoke 01040
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, January 25, 2022
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: Linda Vacon
Remote access via www.zoom.us
https://us02web.zoom.us/j/87414101926?pwd=bTRRdWp1dFFVMVV4S1pkLy9qamdudz09
Meeting ID: 874 1410 1926 Meeting Passcode: 178030 or by call in at 1 (646) 558-8656 with the same Meeting ID and Passcode.
Agenda
Item 1: PUBLIC HEARING (continued from 11-23-21, 12-14-21) 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: 12-7-21 BARTLEY — The City remove the No Parking signs proximate to 274 South St. & 2 Brown Avenue. The signs affect two homeowners and the W-3 councilor met with both 11/20/21 and both wanted the signs removed.
Item 3: 12-7-21 BARTLEY — The city amend its ordinances to limit parking in front of the business at 548 South St. The new restaurant seeks to cap parking during its business hours to one hour.
Item 4: 9-7-21 VACON — that additional speed limit signs be posted on Homestead Ave, north and south of 202, locations to be determined by our City Engineer.
Item 5: 12-7-21 LEBRON-MARTINEZ — That a handicap sign be placed in front of 70 Walnut St. for Angel Lopez, Placard #PL3940078.
Item 6: 8-3-21 LEBRON-MARTINEZ — That a handicap sign be removed from the front of 130 Cabot St.
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, 11-23-21
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, 11-23-21
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, 11-23-21
Item 10: 5-18-21 MURPHY — Ordered, that That the Ordinance Committee meet with the Water Department Superintendent and commissioners to amend the ordinance restricting activities such as fishing and dog walking etc., both to increase the fines and to authorize either State Police or Environmental Police as well as Holyoke Police to issue citations.
Item 11: 12-7-21 VACON — that the Ordinance Committee review and recommend ordinance language changes pertaining to our reservoirs including but not limited to: a) increase the fines/penalties from the current amount of not more than $50 for any offense to a minimum of $250 for subsequent offenses. b) expand the language in the ordinance to include Massachusetts Environmental Police (MEP) and State Police for issuing citations and fines. c) consider revising Section 90-53 to enforce that fines will be paid to the Holyoke Water Works.
d) consider other revisions to ensure safety of the water supply, including uses and activities at the reservoir.
Item 12: 5-18-21 VACON, BARTLEY, MCGIVERIN, LISI — Ordered, that the setting of the sewer rate be returned from the City Council to the DPW Commission where it had been previously determined.
*Tabled 6-29-21
Item 13: 3-10-20 VACON — that street vendors who have received a special permit may be granted a renewal of the special permit for the same location without a hearing when all required approvals are presented with the application and any required fees/taxes are paid.
Item 14: 8-3-21 MURPHY — Ordered that the ordinance committee meet to discuss downtown parking meters in terms of the amount of time allowed & the price charged, as well as how we might increase the number of payment options available.
Item 15: 8-3-21 MURPHY — Ordered that the ordinance committee meet to discuss amending the demolition order regarding historical commission review to begin the process once a property has been listed by the problem property group. The goal of this would be to enhance the possibility of preserving structures, and to do so prior to extensive building deterioration, which then escalates costs.
The following orders are placed on the agenda for the purposes of committee jacket cleanup. Discussion is not expected
Item 16: 9-5-18 VACON — That speed humps be installed on Lower Westfield Rd, Richard Eger Dr, Whitney Ave and Lynn Ann Dr. (Petition attached)
Item 17: 8-2-16 ROMAN — That the City of Holyoke remove the loud speaker permit authority from the Police Department and include any loud speaker / outdoor permitting in special permits issued by the licensing board, this will improve efficiency, transparency and equity when issuing permits for loud speaker permits.
Item 18: 12-16-16 ROMAN, LISI, LEBRON-MARTINEZ, VALENTIN — Ordered that the City of Holyoke through ordinance create “gentrification mitigation zones.” “Gentrification Mitigation Zones,” or GMZ will be areas with large working class and highest concentration of poverty according to the US Census Data tracts, above-average increases in property values and signs of resident displacement. The districts would be subject to stronger protections for tenants whose housing may be at risk as developers and people with higher incomes move into a neighborhood. In a gentrification mitigation zone, tenants of a building that’s put up for sale would have the first chance to buy it, with the possible assistance of local (i.e. CPA), state and federal funds. If renters opted not to buy their building, the sale would be subject to a tax of 1 percent or less to assist tenants who face displacement locally.
Developers in these proposed zones would also have to create community impact statements to address how they would affect the neighborhood’s character, existing affordable housing, schools and other resources. They would be required to meet with any Ward Councilor in which a zone lies and the local neighborhood councils to present their plans.
Item 19: 4-18-17 MCGEE, LISI, TALLMAN, VALENTIN — that the ordinance committee amend ordinance 2-467, related to the Community Preservation Committee, by removing the position requirement of city council member to the CPC.
Item 20: 12-5-17 LISI — That the city develop a comprehensive sign ordinance that allows for the possibility of billboards and/or off site signage.
Item 21: 2-6-18 LISI — that the City Council adopt an ordinance that phases out and prohibits the use of plastic bags in the city (plastics bags are one of the greatest contributors to the trash and debris problems we have throughout the city and many neighboring city’s have passed language that we can emulate).
Item 22: 3-6-18 VALENTIN, TALLMAN, LISI — That the DPW Superintendent reviews parking options on Hampden and Beacon and offer suggestions that may alleviate delivery issues for Eddie’s Furniture. Request from business owner.
Item 23: 4-3-18 ROMAN, BARTLEY — Ordered that the City of Holyoke draft and adopt a Small Cell Tower Installation ordinance said ordinance would limit equipment must not extend further than 50 inches from the top of the pole/roof. Once installed, all rooftop poles/roofs would be subject to inspection by the city every other year at a fee of $500 apiece to said wireless company
Item 24: 4-17-18 SULLIVAN — Ordered, That ARTICLE II section 42-41 Organization: compensation be changed to allow for a stipend for fire commissioners.
Item 25: 5-15-18 MCGEE, TALLMAN — that permanent speed bumps be installed on Bemis Road, attached is the petition by residents requesting the speed bumps.
Item 26: 6-19-18 Petition from residents of Elmwood Ave. for speed humps.
Item 27: 6-19-18 MCGEE — that the Supervisors Union please provide a list of all employees in the union and how long they have been part of the union for.
Item 28: 6-19-18 ANDERSON-BURGOS — that the PR Salary Schedule of Chapter 2 of the Code of Ordinances be amended to increase the salary of all PR 14 positions to PR 19.
Item 29: 6-26-18 LISI — that the City Council, in accordance with MGL Chapter 43, Section 43, submit the following question to the voters at the next biennial state election: ” Shall this City allow the sale of marijuana products, as those terms are defined in G.L. c.94G, 1, for consumption on the premises where sold, a summary of which appears below?” Passage of this order shall be contingent on the state legislature’s approval of House Bill 4284 or other legislative/interpretive change to M.G.L. c. 94G, sec 3(b) deemed acceptable by the Secretary of the Commonwealth.
Item 30: 9-5-18 VACON — that no change in pay for any elected official shall take effect during the current term of office. Individuals know the pay for the position at the time they run for office.
Item 31: 11-7-18 ANDERSON-BURGOS — that a sign be placed on both ends of Monroe Street prohibiting large trucks from using it as a pass through. Residents have expressed that this creates a danger for children, and that one truck also damaged a power line leading up to a resident’s house.
Item 32: 11-7-18 LISI — the City Council ordinance committee do a comprehensive review of the City’s sign ordinance alongside technical support and feedback from the planning board and legal department.
Item 33: 11-20-18 LISI, MCGEE, VALENTIN — Ordered, that the most recent changes to the sign ordinance be rescinded.
Item 34: 10-2-18 BARTLEY, BRESNAHAN, ROMAN — The City council amend its ordinances to create a committee to study the costs and benefits of involved with the City of Holyoke establishing its own animal control facility. The expectation is that the committee,
once created, will produce a report to be reviewed by the Board of Health, City Council, Mayor and other relevant departments.
Item 35: 12-18-18 BARTLEY — The City of Holyoke consider remaining the portion of Chapin St. that is south of South St. As a suggestion, it should be re-named South Chapin St.
Item 36: 12-18-18 MCGEE — Order that the following changes be made to the classification and compensation plans of chapter 2 proposed ordinance changes (see attached highlighted changes)
Item 37: 2-19-19 LISI — the Holyoke City Council pass a wage theft ordinance to ensure that all contractors and developers who receive public funds (city contracts, tax breaks, housing development breaks) would need to comply with state laws governing the payment of wage and hour laws as well as any other obligations that would otherwise be required by the municipality to meet. If possible, the ordinance should also include advantages for Holyoke residents to obtain this work and ensure women, people of color, and Veterans are hired on the construction projects.
Item 38: 3-5-19 ANDERSON-BURGOS — Order that a residents only parking signs be place on Columbus Avenue. Residents have expressed concerns that parking for area businesses are parking along street, including driveways in some instances.
Item 39: 4-2-19 MURPHY, LISI — Ordered that the ordinance committee meet with the director of planning and development and other appropriate parties to discuss the current zoning in South Holyoke. The goal of this meeting would be to amend designated zoning to promote economic development and also enhance the residential redevelopment planned for the area. As is, current zoning is preventing several areas which have been vacated either by fire or demolition from being used effectively.”
Item 40: 4-17-18 SULLIVAN — Ordered, that That ARTICLE II section 42-41 Organization: compensation be changed to allow for a stipend for fire commissioners.
Item 41: 5-7-19 MURPHY — that in order to allow for development and redevelopment of properties in South Holyoke in alignment with existing City plans; more properly define two gateways to the City; and to properly align the overlying zoning to what is presently in place, bringing those parcels further into conformity while in turn reducing the possibility of future incompatible uses, the following parcels be zone changed to BC – Downtown Business as shown in the following table:
MBP Number Address
028-03-007 398 MAIN ST, 028-03-009 370 MAIN ST, 028-03-010 358 MAIN ST
028-03-011 MAIN ST, 028-03-012 74 CABOT ST, 028-04-009 MAIN ST
028-04-010 MAIN ST, 028-04-011 454 MAIN ST, 028-04-012 452 MAIN ST
028-04-013 416 MAIN ST, 028-04-014 MAIN ST, 028-04-015 412 MAIN ST
028-04-016 60 HAMILTON ST, 028-06-001 MAIN ST, 028-06-002 341 MAIN ST
028-06-003 345 MAIN ST, 028-06-004 349 MAIN ST, 028-06-005 MAIN ST
028-06-006 363 MAIN ST, 028-06-007 365 MAIN ST, 028-06-008 369 MAIN ST
028-06-009 MAIN ST, 028-06-010 MAIN ST, 028-06-011 MAIN ST
028-06-012 385 MAIN ST, 028-06-013 389 MAIN ST, 028-06-014 MAIN ST
028-06-015 393 MAIN ST, 028-07-001 401 MAIN ST, 028-07-002 405 MAIN ST
028-07-003 409 MAIN ST, 028-07-004 415 MAIN ST, 028-07-005 MAIN ST
028-07-006 427 MAIN ST, 028-07-007 433 MAIN ST, 028-07-008 435 MAIN ST
028-07-009 437 MAIN ST, 028-07-010 447 MAIN ST, 028-07-011 449 MAIN ST
028-07-012 71 SARGEANT ST, 029-01-001 2 CABOT ST, 029-01-007 16 CABOT ST
029-01-008 14 CABOT ST, 029-04-001 20 CABOT ST, 029-04-001.1 18 CABOT ST
029-04-002 525 SOUTH SUMMER ST, 029-04-014 32 CABOT ST, 029-04-015 28 CABOT ST
030-03-004 CABOT ST, 030-03-005 CABOT ST, 030-03-006 57 CABOT ST
030-03-007 CABOT ST, 030-03-008 61 CABOT ST, 030-03-009 84 CLEMENTE ST
030-04-001 200 MAIN ST, 030-04-002 CRESCENT ST, 030-04-003 CLEMENTE ST
030-04-004 15 CLEMENTE ST, 030-04-005 CLEMENTE ST, 030-04-006 23 CLEMENTE ST
030-04-007 268 MAIN ST, 030-04-008 MAIN ST, 030-04-009 254 MAIN ST
030-04-010 MAIN ST, 030-05-006 330 MAIN ST, 030-05-015 MAIN ST
030-07-001 166 APPLETON ST, 030-07-002 MAIN ST, 030-07-003 MAIN ST
030-07-005 MAIN ST, 030-07-006 235 MAIN ST, 030-07-007 241 MAIN ST
030-07-008 251 MAIN ST, 030-07-009 MAIN ST, 030-07-010 267 MAIN ST
030-08-001 273 MAIN ST, 030-08-002 277 MAIN ST, 030-08-003 281 MAIN ST
030-08-004 285 MAIN ST, 030-08-005 289 MAIN ST, 030-08-006 293 MAIN ST
030-08-007 305 MAIN ST, 030-08-008 309 MAIN ST, 030-08-009 317 MAIN ST
030-08-010 321 MAIN ST, 030-08-011 325 MAIN ST, 030-08-012 329 MAIN ST
031-01-014 510 SOUTH BRIDGE ST, 031-01-017 SOUTH BRIDGE ST
031-01-018 31 CABOT ST, 031-01-019 37 CABOT ST, 031-01-020 41 CABOT ST
031-01-021 SOUTH EAST ST, 032-01-015 13 CABOT ST, 032-01-016 7 CABOT ST
Item 42: 5-21-19 MCGEE — Ordered that the Chapter 2, Section 2-336 (c) be amended to include the words, “with the exception of food vendors with the appropriate permits from the state, Board of Health and Department of Public Works.”
Item 43: 6-4-19 MURPHY — Ordered that the contract with Zip Cars be reviewed to determine why the city is not receiving any revenue from this enterprise and what can be changed to make sure the city receives an appropriate payment for allowing this company special parking privileges downtown.
Item 44: 6-18-19 LEBRON-MARTINEZ — That a handicap sign be placed in front of 370 Maple St.
Item 45: 9-3-19 Petition of Gomoto, LLC – Charles A. Theocles for a street vendor license for a mobile food truck.
Item 46: 9-4-19 MCGIVERIN, ANDERSON-BURGOS, LISI — Ordered, that 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 47: 9-4-19 MCGIVERIN, ANDERSON-BURGOS, LISI — Ordered, that the City of Holyoke 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 48: 11-19-19 LEBRON-MARTINEZ — that in order to allow for development and redevelopment of properties in the area in alignment with existing City plans; provide cohesiveness to the area and bring those parcels further into conformity, the following parcels be zone changed as shown in the following table:
PARCEL ID OWNER PROPOSED CURRENT USE
011-07-008 N.E. Telephone RO to BC parking lot
011-07-009 N.E. Telephone RO to BC parking lot
011-07-010 N.E. Telephone RO to BC telephone exchange station
011-10-002 2nd Cong. Church RO to BC religious
011-10-003 Foley Property RO to BC educational property
011-10-005 Foley Property RO to DR parking lot
011-10-006 Alecto Realty Trust RO to DR Two-Family
011-10-007 LC2 Holyoke LLC RO to DR developable land
011-10-008 LC2 Holyoke LLC RO to DR developable land
Item 49: 11-19-19 MURPHY — Ordered that the DG&R committee meet with the appropriate city departments to review the events leading up to the problems at 62-64 Commercial Street. Have there been previous concerns about the heating system within those buildings? Also, please review what went well in terms of providing solutions for the tenants, and what did not go well, so that we can improve the process in the future
Item 50: 11-19-19 VACON — That City Council establish a school building study committee to review options and recommend steps for improvements within our city budget.
Membership to include but not be limited to:
Mayor, Receiver, one school committee member, one CC member, one small business owner, one large business owner, a parent with children in the public schools, a renter, a senior citizen, one teacher. Membership should represent all wards of the city to the greatest extent possible.
Item 51: 12-3-19 TALLMAN, LEAHY, MCGEE — That the DPW install truck exclusion signs at both ends of Bemis Rd.
Item 52: 12-17-19 BARTLEY, LEAHY — The City council amend city ordinances to require property owners to:
a. Clear snow away from fire hydrants
b. Clear leaves from catch basins
Refer to Ordinance committee.
Item 53: 10-6-20 VACON, BARTLEY — that we review and amend the noise and any other applicable ordinances to reduce the increased amount of unnecessary vehicle noise in our city.
Item 54: 6-15-21 MCGEE — Order that City Ordinance Chapter 2, Article II, Division 5, Section 2-152 and Chapter 2, Article II Division 1, Section 2-67 be examined and updated to remove the residency requirement for City Solicitor.
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.