On the agenda: Chicopee meeting — Data Center (Aug 4)

Notice of Meeting
To be filed in duplicate

Notice is hereby given in accordance with Chapter JOA, Section 18-25 of the General Laws of a meeting
of the:

City Council
Meeting will be held at 6:30 PM

Tuesday,August4,2026

The location of the meeting will be

Auditorium, 3rd floor, City Hall & via Zoom

Full description of location

274 Front Street, 3rd floor, Chicopee, MA 01013 & via
Zoom

Join Zoom Meeting
https://us02web.zoom.us/j/89038235469?pwd=tPW7aBCaX6cx0xluRk8X2Uh5fUyCXc.1
Meeting ID: 890 3823 5469
Passcode: 120121
If you have questions, call the City Council Office at (413) 594-1435

The purpose of the meeting

See attached agenda

Date and Time Received by
the City Clerk's Office
(electronic stamp)

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Date and Time Posted by
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Revised 8/ 11/1 7

The City of Chicopee City Council meeting will be held on August 4, 2026, at the City of Chicopee City Hall
Auditorium located at 274 Front Street, 3rd Floor, Chicopee, Massachusetts at 6:30 p.m. and via Zoom. The
items to be discussed include the agenda items listed below.
Mayor's Orders briefing and announcements by Mayor Vieau or designee.
Public Input
Communications:
Minutes

6/16/26 City Council Meeting, 6/25/26 Special Council Meeting, & 7/7 /26 City Council
Meeting

MO-1

Mayor's appropriation of Twelve thousand six hundred twelve and 58/100 dollars
($12,612.58) to the following named account: Human Resources Special Account for
Indemnification of Police & Fire from available funds in the Stabilization Fund.

MO-2

Mayor's appropriation of Four thousand six hundred sixty-three and 50/100 dollars
($4,663.50) to the following named account: Human Resources Special Account for
Indemnification of Police & Fire from available funds in the Stabilization Fund.

MO-3

Be it Ordered that the City of Chicopee hereby accepts M.G.L. c. 59 § 57C thereby
enabling the city to establish a quarterly tax payment system to be implemented in FY28.

MO-4

Ordered that the City Council accept the Bulletproof Vest Program Grant in the amount
of Four thousand five hundred fifty and 00/100 dollars ($4,550.00) from the Executive
Office of Public Safety and Homeland Security to the Chicopee Police Department. Said
grant is accepted in accordance with M.G.L. Chapter 44 Section 53A.

MO-5

Mayor's appropriation of Eleven thousand seven hundred seventy-eight and 90/100
dollars ($11,778.90) to the following named account: Human Resource Expense Account
for Special Services from available funds in the Stabilization Fund.

MO-6

Mayor's appropriation of Six thousand and 00/100 dollars ($6,000.00) to the following
named account: Human Resource Expense Account for Education Training from available
funds in the Stabilization Fund.

MO-7

Mayor's appropriation of Four hundred fifty and 00/100 dollars ($450.00) to the
following named account: Human Resource Expense Account for Education Training from
available funds in the Stabilization Fund.

MO-8

Chicopee Intersection Improvements Project- Water Portion Bond Authorization.
Ordered that $1,200,000.00 is appropriated for the purpose of financing the following
Water Department project: water main replacement as part of the Massachusetts
Department of Transportation Highway Division Intersection Improvements at
Montgomery Street, Granby Road and McKinstry Avenue in the City of Chicopee,
including without limitation all costs incidental or related thereto; and that to meet this
appropriation the Treasurer with the approval of the Mayor is authorized to borrow
$1,200,000.00 under and pursuant to any other enabling authority, and that the Mayor is
authorized to take any other action necessary or convenient to carry out the purpose of
this order.

MO-9

Mayor's appropriation of Seventy-five thousand and 00/100 dollars ($75,000.00) to the
following named account: Wastewater Special Account for Settlement of Claims from
available funds in the Sewer Surplus Account.

MO-10

Mayor's appropriation of Three hundred thirty and 04/100 dollars ($330.04) to the
following named Building Expense accounts:
Emergency Demo/Security

$14.98

Travel

315.06
Total

$330.04

from available funds in the Stabilization Fund.
MO-11

Mayor's appropriation of Three hundred fifty-seven thousand three hundred sixty-seven
and 79/100 dollars ($357,367.79) to the following named MIS Accounts:
TV Production Director Salary

$182,367.79

P.T. Chicopee TV Staff Salary

75,000.00

Chicopee TV Facilities Equipment

100,000.00
$357,367.79

from available funds in the Receipts Reserved for Appropriation PEG Access Cable
Account.
MO-12

Ordered that the City Council accept the FY26 Emergency Management Performance
Grant (EMPG) in the amount of Nineteen thousand three hundred fifty and 00/100
dollars ($19,350.00) from the Massachusetts Emergency Management Agency. Said grant
is accepted in accordance with M.G.L. Chapter 44 Section 53A.

MO-13

Ordered that the City Council accept the donation in the amount of Twenty and 00/100
dollars ($20.00) from Mr. Ray Walsh to the Chicopee Police Department. Said donation is
accepted in accordance with M.G.L. Chapter 44 Section 53A.

MO-14

Ordered that the City Council accept the donations in the amount of Seven thousand
seven hundred twenty-seven and 00/100 dollars ($7,727.00) to the Chicopee Senior
Center. Said donations are for senior meals for the month of June, 2026 and they are
accepted in accordance with M.G.L. Chapter 44 Section 53A.

MO-15

Ordered that the City Council accept the donations in the amount of One thousand one
hundred sixty-one and 23/100 dollars ($1,161.23) to the Chicopee Senior Center. Said
donations are for senior programming donated from April 1, 2026 through June 30, 2026
and they are accepted in accordance with M.G.L. Chapter 44 Section 53A

MO-16

To the City Council
You are hereby notified that I have this day re-appointed Anthony Gallant, 255 Basil
Road, Chicopee, MA 01020 as a member of the Zoning Board of Appeals. Effective
August 4, 2026, expiring on April 1, 2031. To which I ask the confirmation of your
honorable council.
*Re-appointment

MO-17

To the City Council
You are hereby notified that I have this day appointed, Bianca Janeczek, 27 Otis Street,
Chicopee, MA 01020 as Chief Human Resources Officer to serve in such office for the
term starting on August 10, 2026, and expiring on June 30th , 2029. To which I ask the
confirmation of your honorable council.
*New-appointment

18

A favorable Human Resources & Communication Committee report: Mayoral appointment of
Robert St. Lawrence to serve as a board member on the License Commission effective June 1,
2026 expiring June 1, 2028.

19

A favorable Human Resources & Communications Committee report: Mayoral appointment of
Melissa Harms, to serve as a board member on the Parks and Recreation Commission for the
term of 5 years expiring on the first of May 2031.

20

A favorable Human Resources & Communication Committee report: Be it Ordered that the
Human Resources & Communication Subcommittee meet with representatives from OpenGov,
MuniTrac and Litix Insights etc to discuss use of their products.

21

A favorable License Committee Meeting report: Application for a Home Occupation License at
1150 Granby Road for the purpose of doing billing for dental office. Applicant: Supreeth
Veeranna, 1150 Granby Road, Chicopee, MA 01020.

22

A favorable License Committee report: Application for a Hawkers and Peddlers License to sell icecream located at 878 Memorial Drive. Applicant: Tyrone Tyson Jr., 18 Roberts Pond Lane,
Chicopee, MA 01020.

23

A favorable License Committee report: Application for an Auto Repair for Daigle Truck Repair
Inc., located at 57 Fuller Road. Applicant: Cara Raschilla, 22 Oriole Drive, Feeding Hills, MA
01030.

24

A favorable Rules Committee report: Be it Ordered that the Rules Committee meet to discuss the
Open Meeting Law Complaint filed by Patrick Higgins on 6-23-2026 regarding the 6-2-2026 City
Council minutes.

25

A favorable Rules Committee report: Be it Ordered that the Rules Committee meet to discuss the
Chicopee City Council Committee Rules.
CHICOPEE CITY COUNCIL COMMITTEE RULES
QUORUM
RULE#l
A City Council Committee shall consist offive (SJ members. A quorum of a City Council Committee
(hereinafter "Committee) shall consist of three (3) members. If, at any time any meeting is co/led
to order, a quorum is not present and if after a recess of not more than ten minutes a quorum is
still not present, the Chair shall declare the meeting adjourned. if the Chair has prior knowledge
that a quorum will not be present, they may adjourn the meeting after ten minutes from the
posted meeting time.
ORDER OF BUSINESS
RULE #2
The priority of agenda items shall be determined by the Committee Chair and listed on the
meeting agenda.
HEARINGS
RULE#3
On all hearings before the Committee, members of the public shall be allowed to speak for or
against each agenda item for three (3) minutes. This is coiled Public Comment. All persons
speaking during Public Comment shall speak at the podium provided and limit their comments to
the subject matter of the agenda item being heard. The applicant for each agenda item and their
agents, experts and attorneys are allowed a total time offive (5) minutes to speak. The applicant
shall sit at the Committee table with the members of the Committee. if the opponents of an
agenda item are represented by an attorney, they will be allowed to make a presentation offive
(5) minutes. if the time for applicants is extended by the Chair, at the Chair's sole discretion, the
time for the opponents' attorney shall be extended by the same amount. Questions by members
of the Committee shall be made only after the speaker's allotted time has expired.
ELECTED OFFICERS
RULE #4

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The Chair of the Committee shall take the chair at the appointed hour and call the members to
order and shall forthwith cause the roll to be called by the Administrative Assistant and the
names of the absentees recorded.
In the absence of the Chair, the Vice-Chair shall serve as temporary Chair. In the absence of both
the Chair and Vice-Chair, a temporary Chair shall be chosen by the members who shall serve
during the absence of the Chair.
RULE#S
The Chair shall announce all votes.
RULE#6
The Chair may, ot any time, during debate or otherwise, declare a recess for not more than ten
minutes. The Committee may not make any motion to stop the recess.
RIGHTS AND DUTIES OF THE COMMITTEE MEMBERS
RULE#7
Every membe,; when speaking, shall respectfully address the Chair, confining themselves to the
question under debate.
No member shall speak out of their place without leave of the Chair
No member shall interrupt any member who has the floor. Exceptions may be made to request the
Chair to enforce a Rule (point of order) or request information (point of information).
Private discussion between members while another has the floor is out of order.
Private discussion between members and the public, including the applicant, is out of order.
RULE #8
No Committee member shall speak more than twice on the same question or more than once
until other members choosing to speak shall have spoken, or more than two (2) minutes at each
time, without obtaining leave of the Chair.
RULE #9
When two or more members address the chair at the same time, the Chair shall name the
member who is entitled to the floor.
RULE #10
Every member who is present at a meeting must be seated at the Committee table with the other
members of the Committee.
ATTENDANCE
RULE #11
Each member who hos knowledge of the fact that they will not be able to attend a scheduled
meeting of the Committee shall notify the City Council Office at the earliest possible opportunity.
Attendance shall be recorded in the minutes.
RULE#12
The affirmative vote of the majority of a quorum of the Committee shall be necessary to pass any
motion or vote, unless otherwise required by statue. A tie may result in a defeat of o motion or
vote.

26

A favorable Zoning Committee report: Special Permit application under Section 275-52 B 13 for
the purpose of operating a dog kennel (4) total located at 54 Chester Street, Chicopee, MA
01013. Applicant: Breanna Wilson, 54 Chester Street, Chicopee, MA 01013

27

A favorable Zoning Committee report: Special Permit application under section 275-58 CS for the
purpose of constructing a mixed use business and residential building that is currently zoned
Business A- refiling due to previous approval expiring located at 520 Chicopee Street. Waiver
requested - reducing parking requirement from 6 spaces to 3 spaces. Applicant: Campagnari
Construction, Matt Campagnari, 128 Federal Street, Springfield, MA 01105.

28

Be it Ordained by the City Council that the Code of the City of Chicopee for the Year 1991, as
amended, be and is hereby further amended as follows:
Add
Chapter 278-7 Camping
AN ORDINANCE PROHIBITING CAMPING ON PUBLIC PROPERTY
§1. PURPOSE
The purpose of this Ordinance is to prevent harm to the health or safety of the public and to
promote the public health, safety and general wellare by prohibiting camping and storage of
personal property on public property which interferes with the rights of others to use the area in
the manner for which it is intended.
§ 2. DEFINITIONS.
A. "To Camp" means to pitch, set up, erect, or occupy a Campsite or to use Camping Materials or
both, for the purpose of, or to facilitate outdoor sheltering, temporarily or permanently.
B. "Campsite" means any place where bedding, sleeping bag or other material used for bedding
purposes, or any stove, cooking facility or fire is placed, established, or maintained for the
purpose of maintaining a temporary place to live whether or not such place incorporates the use
of any tent, lean-to, shack or any other structure, or any vehicle or part thereof.
C. "Camping Materials" means items used to establish or facilitate occupancy of a campsite,
including tents, tarps or other temporary structures, as well as items used for furniture, stoves,
and other cooking instruments.
D. "Public Property" means any real property including parks, buildings, structures, equipment,
sign, shelter or public open space, including all areas such as parking lots, bridges, bridge nooks
and ledges, or areas controlled or owned by the City or any other City agency.
E. "Street" means any roadway, highway, lane, road, street, right-of-way, sidewalk, boulevard,
alley, and every way and place in the City of Chicopee open as a matter of right to public
pedestrian and vehicular travel.
F. "Posted Notice" means any signage, written notice or material posted or distributed to the City
either to individuals or erected, pinned or posted in public space to convey a directive or
prohibited conduct.
§ 3. SLEEPING ON SIDEWALKS, STREETS, ALLEYS, OR WITHIN DOORWAYS PROHIBITED.
A. No person may sleep on Public Property at any time.
B. No person may sleep in any pedestrian or vehicular entrance to public or private property
abutting a public sidewalk.
§ 4. CAMPING PROHIBITED.
No person may occupy a campsite in or upon any sidewalk, street, alley, lane, public right of way,
park, bench or any other publicly-owned property or under any bridge or viaduct.
§ 5. REMOVAL OF CAMPSITE ON PUBLIC PROPERTY.
A. Immediate Removal: The following shall be cause for immediate removal of a campsite:
1. Any campsite that infringes upon safe usage of public sidewalks, roadways, parking lots, and/or
alleys is subject to immediate removal.

2. Any campsite residing on private property is subject to immediate removal.
3. Any campsite in which the individual inhabiting the site has committed a crime under any local,
state, or federal law is subject to immediate removal and any other appropriate enforcement
action mandated by law.
4. All personal property must be collected and removed from the campsite by the individual. Any
property left behind will be disposed of by the City of Chicopee. The City is not responsible for
any property left after a campsite is vacated.
B. Removal with 24-Hour Notice: If immediate removal does not apply, and upon discovery of a
campsite on public property, removal of the campsite by the City may occur under the following
circumstances:
1. Prior to removing the campsite, the City shall post a notice 24-hours in advance. The notice
shall be prominently posted in the immediate area of the tent or campsite and provide a specific
date and time by which individuals must remove their property from the location. The notice
shall include a statement that any property left at the site may be immediately disposed of. The
notice shall include information including contact numbers and locations for agencies that
provide a range of shelter, housing services, and recovery support services.
2. After the 24-hour notice period has passed, the City is authorized to remove this campsite and
all personal property related thereto.
3. Upon request, translated versions of the 24-Hour Notice and/or this Ordinance must be made
available to any individuals affected by the provisions of this Ordinance for notice or removal of
any campsite inhabited by a limited English proficient individual.
§ 6. REMOVAL PROCESS AND ENFORCEMENT.
The Chicopee Health Department, Chicopee Police Department, Chicopee Building Department,
Chicopee Department of Public Works, Chicopee Park Department or their designee(s) may be
present at the time of removal, enforcement, or to provide resources for individuals affected by
the provisions of this Ordinance.
§7. POSTED NOTICE.
The City shall erect Posted Notice signage stating that camping on public property is prohibited.
Discretion shall be given to the City to determine appropriate locations throughout the City to
post appropriate signage.
§8. PENALTY FOR VIOLATIONS.
Any person who violates any of the provisions of this Ordinance shall be given a written warning
for the first offense. The 24-Hour Notice provided for in Section 5(B)(1) above shall constitute the
written warning for the first offense.
Any person who violates any of the provisions of this Ordinance following the 24-Hour Notice
shall be subject to immediate removal and may be fined fifty dollars ($50.00) for the second and
one hundred dollars ($100) for any subsequent offense. Each day the person is in violation of the
Ordinance shall constitute a separate offense.
The City may seek a criminal complaint tor violation of this ordinance for any individual who is
given more than three (3) violations under this Ordinance.
§9. SEVERABILITY.
The provisions of this Ordinance are severable. If any part or provision of this Ordinance is held
invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected
by such holding and shall continue to have full force and effect.
Laflamme

29

Be it Ordained by the City Council that the Code of the City of Chicopee for the Year 1991, as
amended, be and is hereby further amended as follows:
Delete Chapter 278-3 Loitering
And Insert In Place Thereof
Chapter 278-3 Loitering
AN ORDINANCE PROHIBITING LOITERING IN PUBLIC PLACES
§ 1 Definitions.
The following words, as used in this section, shall, unless the context otherwise requires, have
the following meanings:
Loiter: Remaining idle in essentially one location, and shall include the concepts of spending time
idly, wandering or walking about aimlessly.
Public Place: Any area within the City of Chicopee that is City, State or Federally owned or
controlled and accessible to the general public, including, but not limited to, buildings, streets,
sidewalks, bridges, alleys, driveways and parking lots.
§ 2 Prohibited conduct.
A. No person shall congregate, stand or loiter upon any street, sidewalk, bridge or crossing so as
to obstruct the same or to hinder or prevent persons passing or attempting or desiring to pass
thereon.
B. No person shall congregate, stand or loiter in or in front of any hall, lobby, doorway, passage or
entrance of any public building, theater, hotel, eating house, lodging house, office building, store,
shop, office or factory or other like building so as to obstruct the same, hinder or prevent persons
walking along or into or out of the same or attempting or desiring to do the same.
C. No person shall congregate, stand, loiter or remain in any parking garage, whether publicly or
privately owned, so as to interfere with the property of others or with any person's ability to use
the services afforded by the garage, unless present there with the intent to park or use any other
services afforded by the garage.
D. No person shall stand, loiter or remain in, or in the immediate vicinity of, or frequent a public
transportation terminal, whether publicly or privately owned, unless present there with the
intent to use or to accompany or meet a person or persons using the public transportation there
offered or to use one or some of the accessory convenience facilities operated at such terminal
for the use of travelers.
E. No person shall congregate, stand or loiter in or in front of any school, community college, or
community center with the purpose of annoying or interfering with the students or employees
thereof or so as to hinder, obstruct, prevent or disrupt the normal functions carried on therein or
thereat, or so as to obstruct, hinder or prevent persons passing by or into or out of the same or
attempting or desiring to do so. It shall be unlawful for any person to loiter or remain in or about
the area of a school not having any reason or relationship, involving custody of or responsibility
for a pupil or student, or any other specific, legitimate reason for being there, and not having
written permission from anyone authorized to grant the same.
E. No person shall loiter or remain in a vacant unoccupied building or on any portion of vacant
land upon which such vacant building is located, unless with the permission of an authorized
agent of said property.
§ 3 Violations and penalties.
A. No person shall be arrested for a violation of this chapter unless the arresting officer, or by
direct demand, first affords such person an opportunity to cease or explain such conduct.

B. No person shall be convicted of a violation of this chapter if it appears at trial that the
explanation tendered was true and disclosed a lawful purpose.
C. Any person who violates the provisions of this chapter shall be punished by a fine of $50. Each
day on which the violation exists shall be deemed to be a separate offense.
D. The City may seek a criminal complaint tor violation of this ordinance for any individual who is
given more than three (3) violations under this Ordinance.
Laflamme
30

Be it Ordained by the City Council that the Code of the City of Chicopee for the Year 1991, as
amended, be and is hereby further amended as follows:
275-71 Renewable Energy
By adding the attached definition Renewable Energy Storage Language and Battery Energy
Storage System Language to Sections 275-71(a)(4), (b)(l), (c)(2), (d), and change 275-71(h)
to 275-71(i), 275-71(i) to 275-710), and add 275-71(h)- Battery Energy Storage Systems
(BESS).
Renewable Energy
*Proposed additions noted in Bold*
A. Definitions. As used in this section, the following terms shall have the meanings indicated:
General Definitions
Adverse Visual Impact: When an undertaking alters directly or indirectly the viewshed from
a property in a manner that would diminish that property's perceived value.
Site Plan Review Authority: Refers to the body of local government designated by the
municipality to review site plans. For the City of Chicopee the Site Plan Review Advisory
Committee (SPRAC) serves as the Site Plan Review Authority.
• Special Permit Granting Authority: A body of local government designated by the
municipality to grant special permits. In the City of Chicopee the city council holds such
authority.
Zoning Enforcement Authority: The board charged with enforcing the zoning bylaws. For the
City of Chicopee the Building Commissioner serves as the Zoning Enforcement Authority.
Definitions (Energy Storage Systems)
ANSI: American National Standards Institute
Battery or Batteries: A single cell or group of cells connected electrically in a series, in
parallel, or a combination of both, which can charge, discharge, and store energy,
electrically. For the purposes of this section, a Battery or Batteries utilized in commercial
products are excluded from these requirements.
Battery Energy Storage System (BESS): One or more containers or cabinets on a
lot containing batteries and related equipment, assembled together, capable of storing
electrical energy in order to supply electrical energy to the power grid at a future time. This
includes all accessory equipment on said lot necessary for energy storage including but not
limited to inverters, transformers, cooling equipment, switching gear, metering equipment,
transmission tie-lines, and other power interconnection facilities and/or a project
substation, but does not include public utility owned and operated interconnection
equipment, regardless of location, or other interconnection equipment to be located on the
real property of the public utility or within its right of way, determined to be necessary by
the public utility to facilitate the BESS interconnection with the power grid whether for

bringing power to the BESS or for returning it to the power grid, a stand-alone 12-volt
vehicle battery, or an electric motor vehicle. It may be a primary use or an accessory use to
a renewable energy generating facility (solar or wind), power generation facility, electrical
substation, or other similar uses.
Cell: The basic electrochemical unit, characterized by an anode and a cathode, used to
receive, store, and deliver electrical energy.
Commissioning: A systematic process that provides documented confirmation that a
battery energy storage system functions according to the intended design criteria
and complies with applicable code requirements.
Energy Storage Systems (ESS), Accessory: ESS store energy for industrial and general
uses utilizing various technologies. Accessory use ESS are considered part of the principal
use for zoning purposes including allowable locations. To be considered as accessory, ESS
shall be designed with appropriate storage capacity to serve the principal use only and not
the electric power grid; Energy Storage Systems (ESS), Stand Alone: ESS store energy for
industrial and general uses utilizing various technologies. Chemical batteries are a type of
ESS that are installed as a standalone use.
Nationally Recognized Testing Laboratory (NRTL): A U.S. Department of Labor designation
recognizing a private sector organization to perform certification for certain products to
ensure that they meet the requirements of both the construction and general industry
OSHA electrical standards.
NFPA: National Fire Protection Association
Definitions (Photovoltaic Systems)
Greenfield: An area of agricultural or forest land, or some other undeveloped site.
Photovoltaic System (also referred to as Photovoltaic Installation): An active solar energy
system that converts solar energy directly into electricity.
Roted Nameplate Capacity: The maximum rated output of electric power production of the
photovoltaic system in watts of Direct Current (DC}.
So/or Energy: Radiant energy received from the sun that can be collected in the form of heat
or light by a solar collector.
So/or Energy System, Grid-lntertie: A photovoltaic system that is connected to an electric
circuit served by an electric utility.
So/or Energy System, Ground-Mounted: An Active Solar Energy System that is structurally
mounted to the ground and is not roof-mounted; may be of any size (small-, medium-or
large-scale).
So/or Energy System, Lorge-Scale: An Active Solar Energy System that occupies more than
40,000 square feet of surface area (equivalent to a rated nameplate capacity of about
250kW DC or greater).
Solar Energy System, Medium-Scale: An Active Solar Energy System that occupies more than
1,750 but less than 40,000 square feet of surface area (equivalent to a rated nameplate
capacity of about 10- 250 kW DC}.
So/or Energy System, Off-Grid: A photovoltaic solar energy system in which the circuits
energized by the solar energy system are not electrically connected in any way to electric
circuits that are served by an electric utility.
So/or Energy System, Roof-Mounted: An Active Solar Energy System that is structurally
mounted to the roof of a building or structure; may be of any size (small-, medium-or largescale}.

So/or Energy System, Smo/1-Scale: An Active Solar Energy System that occupies 1,750 square
feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or

less).
Definitions (Wind Systems)
Building Integrated Wind Energy System: A building-mounted wind energy conversion
system that has a manufacturer's rating of 10 kW or less and projects no more than fifteen
(15) feet above the highest point on the roof and shall not be considered a small wind
energy system in terms of area and setback requirements. This definition also covers, for the
purposes of this zoning provision, other wind energy systems primarily used for land-based
applications which may be permanently mounted and operated on a building.
Utility-Scale Wind Energy Facility: A commercial wind energy facility, where the primary use
of the facility is electrical generation to be sold to the wholesale electricity markets.
Wind Energy Facility: All of the equipment, machinery and structures together utilized to
convert wind to electricity. This includes, but is not limited to, developer-owned electrical
equipment, storage, collection and supply equipment, service and access roads, and one or
more wind turbines.
Wind Turbine: A device that converts kinetic wind energy into rotational energy to drive an
electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor
with two or more blades.
a. Purpose: The purpose of this section is to:
1. Promote the use of renewable energy systems, including the creation of new large-scale
ground-mounted solar photovoltaic installations, wind energy facilities, and Battery
Energy Storage Systems (BESS).
2. Provide standards for the placement, design, construction, operation, monitoring,
modification and removal of such installations that address public safety and minimize
impacts on scenic, natural and historic resources and residential viewsheds.
3. Ensure adequate financial assurance for the eventual decommissioning of such facilities.
B. Applicability.
1. All renewable energy installations shall be installed in compliance with the requirements of
Chicopee City Code Chapter 275 - 71; state and federal law, and the standards and procedures
established by Chicopee Electric Light (CEL) or Western Massachusetts Electric Company
(WM ECO). This requirement pertains to physical modifications that alter· the type, configuration
or size of installations pre-existing this ordinance and those installations permitted in accordance
with this ordinance. This section also pertains to physical modifications that materially alter the
type, configuration or size of these installations or related equipment.
2. Nothing in this chapter should be construed to prevent the installation of accessory roof
mounted solar photovoltaic installations, Wind Energy Facilities, or BESS.
C. Process.
The following identifies those uses that are allowable and those that may be allowed only by
special permit. The City Council is the special permit granting authority in accordance with
Chicopee City Code, § 275-9. The construction and operation of all solar photovoltaic
installations and wind energy facilities shall be consistent with all applicable local, state and
federal requirements, including but not limited to all applicable safety, construction,
electrical, and communications requirements. All buildings and fixtures forming part of a
solar photovoltaic installation, wind energy facility, or BESS shall be constructed in

accordance with the State Building Code, the [standards] of the National Fire Protection
Association (NFPA).
D. Utility Notification.
1. For installations that do not require a special permit: Prior to issuance of building and/or
electrical permit, the installation owner or operator must enter into an interconnection
agreement with the utility company that operates the electrical grid for which the
installation connection is proposed. Proof of the interconnection agreement shall be
presented to the Building Department with the permit application. Projects that are not
designed to connect to an electrical grid are exempt but must comply with all other relevant
requirements.
2. For installations requiring a special permit: No special permit applications shall be
accepted unless installation owners provide written proof that they have notified the utility
company that operates the electrical grid for which the installation connection is proposed.
E. Solar.
1. Production for On-Site Use
The following conditions shall apply to all installations designed to convert solar energy into
a power source for residential, commercial, business and industrial uses where the primary
purpose of the system is to generate power for those uses. These uses are permitted in any
zoning district within the city.
a. Visual Impact: All solar conversion installations shall be designed and located to minimize
adverse visual impacts, defined as "an undertaking that alters directly ar indirectly the
viewshed from a property in a manner that would diminish that property's perceived value."
Adverse visual impacts can be mitigated through a variety of actions in design, construction
and maintenance. The removal of the natural or existing vegetation is the single most
noticeable visual impact of a project and shall be held to a minimum to achieve community
acceptance. Clearing only what vegetation is necessary for the construction can eliminate or
reduce the need to mitigate. However, proper sight distances, clear zones and horizontal
clearance requirements must be considered. All abutting property shall be visually screened
from the project through any one or combination of the following: location, distance,
plantings, existing vegetation (located on the same parcel as the installation) and fencing
(not to exceed six feet).
b. Pole Mounted Installations: If solar conversion installations are mounted on a pole or
other apparatus separate from a principal or accessory structure, said apparatus must
comply with accessory structure regulations within their respective zoning districts and be
set back from adjoining property lot lines at a ratio of 1' apparatus height to 0.5' of setback
or a minimum of the underlying setback requirement,.
c. Rooftop Installations: Rooftop solar conversion installations that are not flush mounted
must not exceed the overall building height limits of the underlying district. Height is
measured to the highest protruding point of the solar energy system at its fullest extension,
not to exceed 5' above the roof line.
d. Wall-Mounted Installations: If solar conversion installations are mounted on building
walls/facades, said installations must comply with minimum setback requirements as
detailed within the property's respective zoning district.
e. Utility Notification: Written proof that CEL or Eversource is in discussions with the
applicant regarding an interconnection agreement must be submitted with all permit
applications. No building or electrical permits will be issued until the installation owner or

operator enters into an interconnection agreement with the utility company that operates
the electrical grid for which the installation connection is proposed. Proof of the
interconnection agreement shall be presented to the Building Department with the permit
application. Projects that are not designed to connect to an electrical grid are exempt but
must comply with all other relevant requirements. Reasonable efforts, as determined by the
City Council with guidance from the Planning Department, shall be made to place all utility
connections from the solar photovoltaic installation underground, depending on
appropriate soil conditions, shape, and topography of the site and any requirements of the
utility provider. Electrical transformers for utility interconnections may be aboveground if
required by the utility provider.
2. Production for Off-Site Use
The construction of a solar energy system intended for off-site generation as set forth in
Chicopee City Code Chapter 275-6 and shall comply with all requirements set forth herein.
a. 275-66: Burnett Road: Regulations promulgated in Chapter 275-66, which regulate
new development on Burnett Road and appurtenant streets, shall not apply to solar
energy projects proposed for the Burnett Road area of the City.
b. Screening: Structures must be shielded from view and/or located to avoid adverse
visual impacts as deemed necessary by and in the opinion of the Site Plan Review
Advisory Committee.
1. Landscaping:
(a) Plantings intended to provide screening shall be
evergreen, installed at a minimum of 6' in height
measured from the top of the root ball to the tip of the
plant and spaced to create a visual barrier.
(b) Deciduous buffers: deciduous or mixed deciduous and
evergreen buffers shall be a minimum of 40' wide and
are counted as part of the setback.
2. Natural features: Natural features and features designed to
appear as natural features may be employed as visual barriers.
Existing vegetation (located on the same parcel as the
installation) must be at least 40' in width and adequately dense
to provide sufficient screening.
3. Fencing: Fences shall be installed at a minimum of 6'and shall
be solid in appearance.
c. Setbacks: The purpose of setbacks is to mitigate adverse impacts on abutting
properties. For large-scale, ground-mounted solar photovoltaic installations, front,
side and rear setbacks shall be as follows:
1. Minimum of 50'.
2. Every abutting property shall be visually screened from the
project through any one or combination of the following
landscaping, existing vegetation and fencing (not to exceed 8').
Fencing in excess of 8' requires a variance from the Chicopee
Zoning Board of Appeals.
d. Lighting: Lighting of parts of the solar energy system shall be limited to that required
for safety and operational purposes, and shall be designed to minimize glare on

abutting properties and be directed downward with full cutoff fixtures to reduce light
pollution. The City suggests the use of LED systems whenever possible to conserve
electricity.
e. Signage: Signs on the solar energy system shall comply with the dimensional and
setback requirements of the underlying zoning regulations. Signage in districts with
no signage requirements are limited to 2 signs, 3 square feet in size, maximum of S' in
height, and located in such a manner that there is an unobstructed view of the street
from an access drive. Signage required for safety, emergency or by code is excluded
from the signage requirements in this section.
f. Appurtenant Structures: All appurtenant structures to large-scale ground-mounted
solar photovoltaic installations shall be subject to reasonable regulations as adopted
by the Planning Board concerning the bulk and height of structures, lot area, setbacks,
open space, parking and building coverage requirements. All such appurtenant
structures, including but not limited to, equipment shelters, storage facilities,
transformers, and substations, shall be architecturally compatible with each other.
Whenever reasonable, structures should be shielded from view by existing vegetation
or plantings and/or joined or clustered to avoid adverse visual impacts
g. Parking: Reasonable on-site parking is required for vehicles that will service solar
energy systems. Please refer to (Parking and Loading) Chapter 275- 40 (N)(2}(V}
h. Consultants: Upon submission of an application for a renewable energy installation
requiring Site Plan Review Advisory Committee Review, the Permit Granting Authority
will be authorized to hire outside consultants, pursuant to MGL c.44, §53G. As
necessary, the applicant may be required to pay the consultant's fees.
i. Emergency Services: The applicant shall provide a copy of the project summary,
electrical schematic, and site plan to local emergency service providers, as designated
by the Site Plan Review Advisory Committee. Upon request, the applicant shall
cooperate with local emer-gency services in developing an emergency response plan.
All means of disconnecting the solar energy system shall be clearly marked. The
applicant or system owner shall maintain a phone number and identify a responsible
person for the public to contact with inquiries and complaints throughout the life of
the project. The owner or operator shall be required to provide a secure, tamper
proof storage box for keys or other access tools at each locked entrance to the facility
and maintain a complete set of all keys or devices required to gain emergency access
to all areas, buildings and equipment of the facility. The owner or operator shall
designate a representative who is available 24 hours a day, 7 days a week, to respond
to emergency situations. This individual shall be required to respond to an emergency
situation within 45 minutes of notification.
j. Security: The solar energy system shall be designed to prevent unauthorized access.
Access to electrical equipment shall be locked where possible.
k. Operation & Maintenance Plan: The applicant shall submit a plan for maintenance of
access roads and storm water controls, as well as general procedures for operational
maintenance of the solar energy system. Site access shall be maintained to a level
acceptable to the local Fire Chief, Police Chief, Emergency Medical Services, and Site
Plan Review Advisory Committee.
I. Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall be
limited to that which is necessary for the construction, operation and maintenance of

the large-scale ground-mounted solar photovoltaic installation and per best
management practices of natural areas or good husbandry of the land or forest
otherwise prescribed by applicable laws, regulations and bylaws and defined by Mass
General Law Chapter 131, Section 140; 310 CMR Wetlands Protection; and Chicopee
Stormwater Ordinance: City Code Chapter 231. The clearing of greenfields/
undeveloped landscapes and the development of such facilities is highly discouraged.
m. Financial Surety: Proponents of renewable energy projects shall provide a form of
surety, either through escrow account, bond or otherwise, to cover the cost of
removal or failure to maintain in the event the city must maintain or dismantle,
remove and properly dispose of the facility and re mediate the landscape in an
amount and form determined to be reasonable by the Site Plan Review Advisory
Committee, but in no event to exceed more than 125 percent of the cost of removal
and compliance with the additional requirements set forth herein, as determined by
the applicant. Such surety will not be required for municipally or state-owned
facilities. The applicant shall submit a fully inclusive estimate of the costs associated
with removal and disposal, prepared by a qualified engineer. The amount shall include
a mechanism for calculating increased removal and disposal costs due to inflation
n. Abandonment and Removal.
1. Abandonment: Absent notice of a proposed date of
decommissioning or written notice of extenuating
circumstances, the installation shall be considered abandoned
when it fails to operate for more than one year. If the owner or
operator of the installation fails to remove the installation in
accordance with the requirements of this section within 150
days of abandonment or the proposed date of
decommissioning, the city may enter the property and
physically remove the installation.
2. Removal Requirements: Any installation which has reached the
end of its useful life or has been abandoned, shall be removed.
The owner or operator shall physically remove the installation
no more than 150 days after the date of discontinued
operations. The owner or operator shall notify the City of
Chicopee by certified mail of the proposed date of
discontinued operations and plans for removal.
Decommissioning shall consist of:
(a) Physical removal of all structures, equipment, security barriers and
transmission lines from the site.
(b) Disposal of all solid and hazardous wastes in accordance with local, state
and federal waste disposal regulations.
(c) Stabilization or re-vegetation of the site as necessary to minimize erosion.
The Site Plan Review Advisory Committee may allow the owner or
operator to leave landscaping or designated below-grade foundations in
order to minimize erosion and disruption to vegetation, at its sole
discretion.
F. Wind
(1) Residential & Business Production - Individual Use

The following conditions shall apply to all structures and devices designed to convert wind
energy into a usable power source for residential, commercial, business and industrial uses
where the primary purpose of the system is to provide power for those uses.
a) Pole mounted wind conversion systems are prohibited.
b) Building integrated wind conversion systems are permitted in all zoning districts. For the
purpose of this chapter, "building integrated systems" refer only to systems encased
within a principle or accessory building.
(2) Production for Commercial Sale
The following conditions shall apply to all structures and devices designed to convert wind
energy into a usable power source for commercial sale.
a. Pole mounted wind conversion systems are prohibited.
b. Building integrated wind conversion systems are permitted. All such systems shall have a
protective shroud to contain projectiles in the event of system malfunction.
c. No wind energy conversion system shall be erected, used or otherwise employed if said
device interrupts or disturbs radio or television signal reception.
d. As per Chicopee Noise Ordinance: City Code Chapter 200-2, no wind energy conversion
system shall be erected, used or otherwise employed if said device results in the creation
of any unreasonably loud, disturbing and unnecessary noise of such character, intensity
and duration, as to be detrimental to the life or health of any individual or contrary to the
public welfare.
e. Monitoring and Maintenance: The applicant shall maintain the wind energy facility in
good condition. Maintenance shall include, but not be limited to, painting, structural
repairs, emergency braking (stopping) and integrity of security measures. Site access shall
be maintained to a level acceptable to the local Fire Chief and Emergency Medical
Services. The project owner shall be responsible for the cost of maintaining the wind
energy facility.
f. Abandonment or Decommissioning: Removal Requirements. Any wind energy facility
which has reached the end of its useful life or has been abandoned shall be removed. The
owner/operator shall physically remove the facility no more than 150 days after the date
of discontinued operations. Decommissioning shall consist of:
(1) Physical removal of all wind turbines, structures, equipment, security barriers
and transmission lines from the site.
(2) Disposal of all solid and hazardous wastes in accordance with local, state, and
federal waste disposal regulations.
(3) Stabilization or re-vegetation of the site as necessary to minimize erosion.
g. Financial Surety- Applicants for commercial-scale wind energy facilities shall provide a
form of surety, either through escrow account, bond or otherwise, to cover the cost of
removal and disposal or failure to maintain in the event the city must maintain or remove
the facility and remediate the landscape in an amount and form determined to be
reasonable by the Site Plan Review Advisory Committee, but in no event to exceed more
than 125 percent of the cost of removal and compliance with the additional requirements
set forth herein, as determined by the applicant. Such surety will not be required for
municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate
of the costs associated with removal and disposal prepared by a qualified engineer. The
amount shall include a mechanism for calculating increased removal costs due to
inflation.

G. Battery Energy Storage Systems (BESS)
(1) Utility Notification: Written proof that CEL or Eversource is in discussions with the applicant
regarding an interconnection agreement must be submitted with all permit applications. No
building or electrical permits will be issued until the BESS owner, or operator enters into an
interconnection agreement with the utility company that operates the electrical grid for which
the BESS connection is proposed. Proof of the interconnection agreement shall be presented to
the Building Department with the permit application. Projects that are not designed to connect
to an electrical grid are exempt but must comply with all other relevant requirements.
Reasonable efforts shall be made to locate all utility connections for BESS installations, with
emphasis on appropriate soil conditions, shape, topography of the site, and any requirements of
the appropriate utility provider.
(2) Signage. Signage shall comply with the requirements of Chicopee City Code, § 275-50 and the
following additional requirements; in the event of a conflict between the provisions of§ 275-50
and this section, the requirements of this section shall prevail.
a. The signage shall be in compliance with ANSI Z535 and shall include the type of
technology associated with the battery energy storage systems, any special hazards
associated, the type of suppression system installed in the area of battery energy storage
systems, and 24-hour emergency contact information, including reach-back phone
number.
b. As required by the state electrical code, disconnect and other emergency shutoff
information shall be clearly displayed on a light reflective surface. A clearly visible warning
sign concerning voltage shall be placed at the base of all pad-mounted transformers and
substations.
c. Signage compliant with ANSI Z535 shall be provided on doors to rooms, entrances to BESS
facilities, and on BESS outdoor containers.
(3) Abandonment or Decommissioning: Removal Requirements. Any BESS installation which has
reached the end of its useful life or has been abandoned shall be removed. The owner/operator
shall physically remove the installation no more than 150 days after the date of discontinued
operations. Decommissioning shall consist of:
a. Physical removal of all battery modules, equipment, physical containers providing
secondary containment and all other associated materials from the site.
b. Disposal of all solid and hazardous wastes in accordance with local, state, and federal
waste disposal regulations.
c. Stabilization or re-vegetation of the site, as necessary to minimize erosion, as approved
by the Site Plan Review Advisory Committee (SPRAC).
(4) Financial Surety: Proponents of BESS projects shall provide a form of surety, either through an
escrow account, bond or otherwise, to cover the cost of removal or failure to maintain in the
event the City must maintain or dismantle, remove and properly dispose of the installation and
remediate the landscape, in an amount and form determined to be reasonable by SPRAC, but in
no event to exceed more than 125% of the cost of removal and compliance with the additional
requirements set forth herein, as estimated by the proponent. Proponents shall submit a fully
inclusive estimate of the costs associated with removal and disposal, prepared by a qualified
engineer. The amount shall include a mechanism for calculating increased removal and disposal
costs due to inflation. Such surety will not be required for municipally or state-owned facilities.
H. Wood

I.

The Board of Health signed the following regulation on the 22 nd day of March, 2007.
Pursuant to Massachusetts General Laws, Chapter 111 §31 and 31C, it shall be unlawful to
use, install and/or maintain outdoor wood burning devices within the City of Chicopee
including, but not limited to, all outdoor wood burning stoves, boilers and furnaces. For the
purposes of this regulation, outdoor wood burning stoves, furnaces and boilers shall mean
wood fired devices that are located outdoors and separate from the indoor building,
structure or appliance to be heated, which heats water or air and then transports the same
by pipe(s) to an indoor building, structure or appliance for the purpose of providing heat
and/or hot water.
If any provision of this Regulation or the application thereof to any person or circumstance
shall to any extent be invalid or unenforceable, the remainder of this Regulation shall not be
affected thereby and each other provision shall be valid and be enforceable to the fullest
extent permitted by law.

Laflamme
31

Be it Ordered that effective immediately that there be a moratorium on Battery Energy Storage
Facilities. Until a proper ordinance is established that would establish zoning restrictions, and
operating requirements. The ordinance should emphasize public notification of any Battery
Storage Facilities application.
Pniak-Costello

32

Be it Ordained by the City Council that the Code of the City of Chicopee for the Year 1991, as
amended, be and is hereby further amended as follows:
Add to:
275-73. Substance Abuse Treatment Centers.
A.
Purpose.
The City of Chicopee desires to protect its residential lands from encroachment by substance
abuse treatment centers and to ensure and promote the City's image as a safe, pleasant and
attractive place of residence. The City also desires to preserve and protect the safety of young
children in the vicinity of schools and public parks. The City further desires that young people and
children not be subjected to confrontation with the existence of substance abuse treatment
center uses in the vicinity of schools and parks. The commercial areas of the City of Chicopee
reflect greatly on the City's image and it is the desire of the city to promote a positive business
community image, and to retain and promote safe, attractive business areas free of crime and
nuisance.
The purpose of this section is to regulate Substance Abuse Treatment Center uses within the City
by Special Permit to Chapter 40A, Sections9 of the Massachusetts General Laws. In order to
promote the safety and welfare of the inhabitants of Chicopee.
B.
Definitions.
1. Substance Abuse Treatment center:
A facility providing substance abuse treatment services, including but not limited to counseling
services, therapy sessions and/or the dispensing of medication to treat substance abuse.
2.
Medical Center:

An institution providing varied medical services, including but not limited to ambulatory care.
Route medical visits, surgical care, physical rehabilitation, or mental health services, on an outpatient basis. "Hospitals" and "Substance Abuse treatment Centers" are specifically excluded
from this definition.
C.
Restrictions.
A Substance Abuse Treatment Center shall not be located:
1. Within one thousand (1,000) feet of each other;
2. Within five hundred (500) feet of the nearest lot line of:
a.
A residential District, or
b. A place of worship or a building used for religious purposes unless the Zoning
Board of Appeals first determines in writing the use will not be detrimental to the
spiritual activities.
3. Within one thousand (1,000) feet of a non-profit educational use, library, or museum;
4. Within one thousand (1,000) feet of a park or playground; or
5. Within one thousand (1,000) feet of any established/establishment licensed under the
provisions of Massachusetts General Laws, Chapter 138, Section12;
6. Adjacent properties shall be adequately protected from noise, odor and unsightly
appearances;
7. The hours of operation shall not negatively impact surrounding areas in terms of traffic
flow, nor create increases in traffic volume during peak periods in surrounding areas.
D.
The application for special permit must include the
following information:
1. Name and address of the legal owner of the establishment;
2.
Name and address of all persons having a lawful equity, or security interest in the
3.

establishment;
A sworn statement that neither the applicant nor any person having equity or security
interest in the establishment has been convicted of violating M.G.L. 119, Section 63 or

M.G.L. Chapter 272, Section 28;
4.
Proposed security precautions; and
5. The number of employees;
6.
No Special Permit shall be issued under this section to any person convicted of violating
M.G.L. Chapter119, Section 63.
E.
Applications.
Substance Abuse Treatment Centers may be allowed, by Special Permit, within Industrial Districts
subject to its restrictions of and subject to regulations imposed by the Special Permit Granting
Authority. For the purpose of this section, the Special Permit Granting Authority shall be the city
council of the City of Chicopee.
1. Special Permits shall only be issued following a public hearing held within sixty-five
days after the filing of an application with the Special Permit Granting Authority, a copy
of which shall forthwith be given to the City Clerk by the Applicant.
2.
Such Special Permit Granting Authority shall adopt and from time to time amend rules
relative to the issuance of such Special Permits and shall file a copy of said rules in the
Office of the City Clerk.
3. The Special Permit Granting Authority shall act within ninety days following a public
hearing for which notice has been given by publication or posting as provided in M.G.L.
40A, Section 11 and by mailing to the parties in interest.

4.
5.

Failure by the Special Permit Granting Authority to take final action following the date
of a public hearing shall be deemed to be a grant permit applied for.
Special Permits for Substance Abuse Treatment Center shall expire one year from the
date of the issuing of the permit, and including such time required to pursue or await
the determination of an appeal referred to in M.G.L., Chapter 40A Section 17, from the
grant thereof, if a substantial use thereof has not sooner commenced except for good
cause or, in the case of permit for construction, if construction has not begun by such
date except for good cause.

Courchesne
33

Be it Ordained by the City Council that the Code of the City of Chicopee for the Year 1991, as
amended, be and is hereby further amended as follows:
1.
Add to 275-62 (Industrial Districts) section F (Data Center) to read as follows:
F. Data Center: A facility, or portion thereof, primarily designed or used to house computer
servers and related information technology infrastructure for the storage, processing,
management, or transmission of electronic data. A Data Center may include, but is not limited
to, server racks, data storage systems, cooling systems, power conditioning equipment,
substations, uninterruptible power supplies, backup generators, telecommunications equipment,
security systems and associated mechanical and electrical infrastructure. For purposes of this
bylaw, a Data Center shall not be considered an Office, Warehouse, Manufacturing, or Research
use.
For zoning and regulatory purposes Data Centers shall be classified based on maximum electrical
demand, expressed in megawatts (MW), rather than building size.
{1)
Tier 1- Low-Impact Data Center: A facility with a maximum projected electrical demand
of (2) megawatts (MW) or less at full build-out, measured as the combined electrical load of
all tenants and facility operations. On-site generation capacity shall be included in the
calculation of electrical demand, except for on-site solar generation. Tier 1 facilities are
typically associated with localized network, enterprise or edge computing functions.
(2) Tier II - Moderate-Impact Data Center: A facility with a maximum projected electrical
demand greater than 2 MW but not exceeding 10MW at full build-out. These facilities may
include multi-tenant or colocation environments and require substantial utility coordination.
(3) Tier Ill - High Impact Data Center: A facility with a maximum projected electrical demand
exceeding 10 MW at full build-out. These facilities are commonly associated with hyperscale
or campus style computing operations and may require major electrical infrastructure
expansion.
Data centers include, but are not limited to the following types:
• Hyperscale Data Center -A very large scale facility typically operated by a single entity
for cloud computing, large-scale data processing, or enterprise services, characterized by
substantial electricity demand, extensive mechanical cooling systems, and limited on-site
staffing.
• Enterprise or Colocation (Colo) Data Center-A facility in which multiple customers lease
space, equipment areas, or "racks" within a shared infrastructure environment operated

by a specialized provider, with common power, cooling, telecommunications, and
backup systems.
• Edge or Micro Data Center-A smaller-scale facility designed to serve localized or
network edge functions, typically occupying significantly less floor area and operating
with minimal on-site personnel.
These categories are descriptive only and shall not limit the Building Inspectors authority to
classify a facility as a Data Center based on its functional characteristics and electrical demand.
The applicable Tier shall be determined by the maximum designated electrical capacity,
regardless of the number of tenants, building square footage, phased construction, or current
utilization levels.
Without limiting the other definitional criteria contained herein, a use shall be classified as a Data
Center where either:
(a) more than twenty-five percent {25%) of the gross floor area is devoted to server racks,
stationary computing equipment, or associated mechanical or electrical infrastructure; or (b)
the primary purpose of the facility, as determined by the Building Inspector, is the housing
and operation of computer servers and related infrastructure, regardless of floor area
allocation.
Add to 275 Section 70 to read as follows:
§275.70 Data Centers
A. Purpose and Intent
The purpose of this section is to establish clear standards for the siting and operation of Data
Centers in order to protect public health, safety, and welfare; to ensure compatibility with
surrounding land uses; and to allow for review of site-specific impacts related to energy demand,
water use, noise, emissions, site design, and municipal infrastructure.
B. Applicability
1. Tier I- Low Impact Data Centers shall be permitted only by Special Permit from the City Council
in the Industrial Districts, as provided in§ 275-9.
1. Data Centers shall be prohibited in all other zoning districts.
3. All applications for a Data Center Special Permit shall comply with:
• § 275-9, Special Permits; and
• The additional performance standards set forth in this section.
C. Performance Standards
In addition to the general Special Permit criteria of§ 275.9 the Building Department shall make
written findings demonstrating compliance with the following performance standards.
(1) Electrical Demand and Infrastructure Capacity
(a) The applicant shall submit an estimate of maximum electrical demand, expressed in
megawatts {MW), at full build-out, including anticipated load profiles and any proposed phasing.
(b) The applicant shall demonstrate, through written documentation from the Chicopee Electric
Light Department, that sufficient electric capacity exists or can be made available to serve the
proposed facility without impairing reliability, capacity, or service levels for existing municipal
electric customers.
(c) The applicant shall identify any required on-site or off-site electric infrastructure
improvements, including substations, feeders, or transmission upgrades, and demonstrate
coordination with the Chicopee Electric Light Department. The applicant shall provide a planninglevel cost estimate for such improvements, prepared by a qualified engineer or utility

professional, including a description of cost assumptions and the anticipated allocation of costs
between the applicant and the municipality, if applicable.
(d) Where phased development is proposed, the Building Department may condition approval on
demonstrated availability of electric capacity at each phase.
(e) The Planning Board may impose, as a condition of approval, a maximum approved electrical
demand expressed in megawatts (MW), and may require compliance monitoring.
(2) Water Use and Cooling Systems
(a) The applicant shall submit estimates of average daily and maximum daily water usage
associated with facility operations, including cooling systems, expressed in gallons per day, as well
as a narrative explaining the relationship between projected electrical demand (MW) and
anticipated water usage, including cooling system type and seasonal variation.
(b) Written documentation from the Department of Public Works shall be provided
demonstrating that the proposed water usage can be accommodated without adverse impacts to
system reliability, fire protection, or existing users.
(c) Cooling systems shall be designed to minimize the use of potable water. Applicants shall
identify efficiency measures employed to reduce consumption, including the use of closed-loop,
air-cooled, recycled-water, or other low-water technologies where feasible. Systems that rely on
continuous or seasonal evaporative use of potable water as the primary cooling method are
strongly discouraged and must demonstrate that no reasonable alternative with lower water
demand is practicable.
(d) The Building Department may condition approval on limits to maximum daily or annual water
usage, require monitoring of consumption, restrict seasonal use during drought conditions, or on
phased occupancy tied to demonstrated system capacity.
(e) Where the proposed facility necessitates upgrades or extensions to municipal water,
wastewater, or stormwater infrastructure, the applicant shall submit a planning-level cost
estimate of such improvements, prepared by a qualified professional, together with a narrative
describing the scope of work, timing, and responsibility for implementation.

(3) Noise
(a) Continuous operational noise, including mechanical equipment, cooling systems,
transformers, and other exterior equipment, shall not exceed applicable local or state noise
standards and the limits set forth herein, whichever individually or collectively results in the more
restrictive regulation as applied to the Data Center.
i.Sensitive Receptor: Any existing residence, school, daycare facility, medical facility, hospital,
nursing home, assisted living facility, elder care facility, place of worship, or other building
regularly occupied by persons for residential educational, medical, or congregate purposes at the
time of Special Pelmit application.
ii.Point of Compliance: The exterior of the nearest existing Sensitive Receptor, or the nearest
residential zoning district boundary to the subject property where no Sensitive Receptor exists
within 1,000 feet of the subject property, unless otherwise specified by the Planning Board.
iii.Continuous Operational Sound: Sound generated by the normal, ongoing operation of facility
equipment, including mechanical systems, cooling systems, transfolmers, and similar
infrastructure, measured under typical operating conditions and excluding short-term,
intermittent, or emergency events such as maintenance activities or backup generator operation
duringpowerou~ges.
Noise compliance shall be evaluated at the Point of Compliance.
In no event shall continuous operational sound, as measured at the Point of Compliance, exceed:

• 50 dBA between 7:00 a.m. and 10:00 p.m.; or
• 45 dBA between 10:00 p.m. and 7:00 a.m.
(b) Backup generator testing shall be limited to days and hours approved by the Department of
Public Works. Emergency operation during actual power outages shall be exempt.
(c) A noise study prepared by a qualified professional may be required to demonstrate
compliance with applicable local or state noise standards and to evaluate potential impacts from
continuous or cumulative industrial operations. Such study may include multi-day ambient
monitoring, modeling at full build-out, evaluation of tonal characteristics, and assessment of
cumulative impacts. Post-construction sound monitoring may be required to verify compliance,
and corrective mitigation measures may be required if standards are exceeded.
(4) Backup Power and Emissions
(a) The applicant shall identify the number, size, fuel type, and location of all backup generators.
(b) Backup generators shall be limited to emergency operation and scheduled testing, in
accordance with manufacturer specifications, except where otherwise required by applicable
codes.
(c) Compliance with all applicable state and federal emissions standards shall be
demonstrated.
(5) Site Design and Physical Impacts
(a) Building height, massing, and setbacks shall, in addition to complying with the applicable
baseline dimensional regulations, be designed to minimize visual and operational impacts on
adjacent properties.
(b) Mechanical equipment, generators, and substations shall be screened from view from public
ways and adjoining properties.
(c) Exterior lighting shall be designed to prevent light spillover beyond the site.
(d) Air Quality and Emissions The facility shall comply with all applicable federal, state, and local
air quality regulations. Applicants shall identify the number, size, fuel type, and anticipated
operating schedule of all combustion equipment, including backup generators. The Department
of Public Works may require documentation demonstrating that emissions from such equipment
will not create nuisance conditions or adversely affect nearby Sensitive Receptors. Where
appropriate, the Department of Public Works may require emission control measures,
operational limitations on testing, or other mitigation measures to minimize potential air quality
impacts.
(6) Municipal Services and Infrastructure
The applicant shall demonstrate that the proposed facility will not create an undue burden on
municipal services, including fire, police, and public works, water, sewer, and electric systems.
If mitigation measures or capital improvements are required to maintain acceptable service
levels, the applicant shall provide an estimate of the cost of such measures and identify the party
responsible for funding them.
Fire protection systems and emergency access shall be reviewed
by the appropriate municipal departments.
D. Conditions and Safeguards
The Department of Public Work may impose conditions necessary to ensure compliance with this
section, including but not limited to:
1. Limits on maximum electrical load;
2. Caps on water usage;
3. Noise monitoring or reporting requirements;

4. Restrictions on generator testing schedules; and
5. Phasing tied to demonstrated infrastructure capacity.
E. Post-Approval Monitoring and Reporting
(1) Operations Reporting Schedule-As a condition of approval, the Department of Public Works
shall require submission of Operations Reports in accordance with the following schedule:
Phase Time Period Frequency Purpose
Startup Monitoring Months 1-3 Monthly (Month I, 2, 3)
Verify early compliance during initial operations
Early Operations Months 4-12 Twice per year (Month 6,12 Confirm stable system) performance
Long-Term Year 2 onward Annual (Month 24, 36, 48, 60 Ongoing compliance
Operations) tracking Permit Term Years 1-5 Monitoring continues
Supports 5-year permit renewal review.
The Department of Public Works may modify the reporting frequency upon a finding that the
facility has demonstrated sustained compliance with all approved operational limits.
(2) As a condition of approval, the Department of Public Works may require submission of an
Annual Operations Report for the duration of the Special Permit. At a minimum, the report shall
include:
(a) Maximum electrical demand for the preceding calendar year (MW);
(b) Average daily and maximum daily water usage for the preceding calendar year (gallons per
day);
(c) Conformation of compliance with approved operational limits; and
(d) Identification of any discharge of cooling or process water to the municipal sewer system,
where applicable.
(e) Description of any operational changes affecting electrical load, cooling systems, or water
usage.
The report shall be prepared or certified by a qualified professional and provided to Chicopee
Electric Light, and Department of Public Works, as applicable.
F. Transferability and Continuing Obligations
1. Any increase in approved electrical demand beyond the permitted MW threshold shall require
modification of the Special Permit
2. Any Special Permit issued pursuant to this section shall run with the land and shall be binding
on the property owner and any successors, assigns, or operators.
3. A change in ownership or operator shall not relieve the property of compliance with all permit
conditions.
4.Prior to a change in operator·, written notice shall be provided to the Department of Public
Works confirming continued compliance.
G. Term of Special Permit and Renewal
(1) Term - A Special Permit issued for a Data Center· under this section shall be valid for a period
of five (5) years from the date the decision is filed with the City Clerk, regardless of the date of
commencement of construction or operations.
(2) Renewal Required - Continued operation of the facility beyond the initial five-year term shall
require approval of a Special Permit Renewal from the City Council.
(3) Application for Renewal - The permit holder shall submit a complete application for renewal
of not less than ninety (90) days prior to the expiration of the Special Per·mit term. The renewal
application shall include documentation demonstrating continued compliance with all conditions

of approval, operational limits, and reporting requirements, together with any updates to facility
operations, infrastructure demand, or system design.
(4) Scope of Review - The City Council's review of a renewal application shall be limited to
evaluation of:
(a) Operational performance and compliance history;
(b) Electrical demand, water usage, and other infrastructure impacts;
(c) Adherence to approved limits and conditions; and
(d) Any material changes proposed to the facility or its operations.
(5) Action on Renewal - Following review, the City Council may:
(a) Renew the Special Permit with no changes;
(b) Renew the Special Permit with modified conditions reasonably related to demonstrated
impacts; or
(c) Require submission of a new Special Permit application where substantial changes to the use
or its impacts are proposed.
Substantial changes may include, but are not limited to, increases in approved electrical demand,
significant changes to cooling systems or water usage, installation of additional generators or
major mechanical equipment, expansion of floor area devoted to data center· operations, or
other
modifications that materially increase operational impacts.
(6) Failure to Apply for Renewal - Failure to submit a timely renewal application shall cause the
Special Permit to lapse upon expiration of the five-year term, and continued operation thereafter
shall constitute a violation of this by law.
(7) Enforcement - Failure to comply with approved limits, conditions, or reporting requirements
may constitute grounds for enforcement or denial of renewal.
H. Severability
If any provision of this section is held invalid by a court of competent jurisdiction, such invalidity
shall not affect the remaining provisions, which shall remain in full force and effect or to take any
other action related thereto.
Courchesne
34

A proposed Ordinance striking from Chapter 260, Parking Regulations, Orange Street, West for a
distance of 150 feet from the junction of Montgomery Street. Parking Prohibited.
Courchesne

35

A proposed Ordinance adding to Chapter 260, Parking Regulations, Montgomery Street, To CEL
Pole 4S (Approximately 350' - to be field verified if needed). Parking Prohibited
Courchesne

36

A proposed Ordinance adding to Chapter 260, Isolated Stop Signs, Jefferson Avenue, Travelling
south - At intersection of Olsen Street, Isolated Stop Sign
Girouard/Laflamme

37

A proposed Ordinance adding to Chapter 260, Isolated Stop Signs, Jefferson Avenue, Travelling
north -At intersection of Trilby Avenue, Isolated Stop Sign
Girouard/Laflamme

38

A proposed Ordinance adding to Chapter 260, Parking Regulations, Cox Street, East Side - From
Meetinghouse Road southerly to Gill Street, Parking Prohibited this side of street.
Goff

39

A proposed Ordinance adding to Chapter 260, Parking Regulations, Front Street, North Side From westerly (employee) entrance of Chicopee Electric Light (725 Front Street) to a point 250
feet southerly thereof, Parking Prohibited.
Bala kier

40

A proposed Ordinance adding to Chapter 260, XIVA- 260-73.1, Dale Street/Rolf Avenue, All-Way
Stop Control.
Laflamme

41

A proposed Ordinance adding to Chapter 260, XIVA- 260-73.1, Westover Road/Champion
Drive/Casey Drive, All-Way Stop Control.
Laflamme

42

A proposed Ordinance adding to Chapter 260, XIVA- 260-73.1, McKinstry Avenue/Arcade Street,
All-Way Stop Control.
Laflamme

43

A proposed Ordinance adding to Chapter 260, One-Way Streets, Kendall Street, Southerly
direction from St. Onge Street to Rolf Avenue, One-Way Street.
Girouard

44

Election Call for the September 1, 2026 State Primary.

Councilor's Announcements
Adjournment:
ATTEST:

Keith W. Rattell, City Clerk