City Council - License Committee

CHICOPEE CITY COUNCIL LICENSE COMMITTEE APPROVED 10-19-2015 License Committee Members Gerry Roy, Chairman Fred Krampits, Vice Chairman Frank Laflamme Robert J. Zygarowski Shane Brooks MINUTES September 22, 2015 The following are the minutes of a public hearing held Tuesday, September 22, 2015 at 7:00 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Roy, Laflamme, Zygarowski (arrived 7:09), Krampits, Brooks Also Present Dan Garvey (Associate City Solicitor), Captain Mark Galarneau (Fire Prevention), Lee Pouliot (Planning Director) The meeting was called to order at 7:00 PM In compliance with the Open Meeting Law the Chairman asked if anyone in the audience was recording the meeting. ITEM #1 BE IT ORDERED THAT, Vanguard Consignment House, be called before the City of Chicopee License Committee and City Council to discuss the license(s) currently held by Vanguard Consignment House, in compliance with restrictions imposed upon said license(s). The City Council may modify, suspend, or revoke any license held by Vanguard Consignment House. Mr. Barthelette and his attorney Dan Szostkiewicz were present at the meeting. Attorney Szostkiewicz stated that since the last meeting an escrow account has been established for the business and all complaints have been resolved. A new consignment contract and payment policy have been created to alleviate any problems in the future. The committee felt that the business is now moving in the right direction. Mr. Barthelette stated that he is moving the business away from consigning and more in the direction of purchasing the items up front from the seller and then selling on his own. 1 Restrictions Extend license to 5/1/2016 with existing restrictions Remove previous October 6th date from license Motion made by Councilor Laflamme and second by Councilor Roy to approve with restrictions. Committee vote 5 – 0 favorable. ITEM #2 BE IT ORDERED THAT Top Dog Auto, be called before the City of Chicopee License Committee and City Council to discuss the license currently held by Top Dog Auto, in compliance with restrictions imposed upon said license(s). the City Council may modify, suspend, or revoke any license held by Top Dog Auto. George Bruso was present at the meeting. Chairman Roy stated that Mr. Bruso has started to clean up the property. The only issue that he currently sees is the cars that Mr. Bruso is parking in the church parking lot. Mr. Bruso stated that the church allows him to park vehicles in the lot. He plows the church’s sidewalks in the winter. Chairman Roy stated that the property also has a storage container that will require a special permit from the City Council if Mr. Bruso intends to keep it on the property. Mr. Bruso also stated that he is planning on installing a fuel storage tank. Captain Galarneau stated that a permit will have to be obtained from the Fire Department. Motion made by Councilor Laflamme and second by Councilor Roy to postpone to the call of the chair. Motion passed. ITEM #3 BE IT ORDAINED that Fairview Auto Salvage, Inc. be called before the City of Chicopee License Committee and City Council to discuss the license currently held by Fairview Auto Salvage, Inc. in compliance with restrictions imposed upon said license(s). The City Council may modify, suspend, or revoke any license held by Fairview Auto Salvage, Inc. Ron King was present at the meeting. He stated that 16,000 tires have been removed from the property. He further stated that the Fire Department requested that he clear a path down the middle of the tire pile to make it more accessible for the fire department. He is working on that now. Chairman Roy stated that he has spoken with DEP and was told that everything seems to be moving in the right direction. Motion made by Councilor Laflamme and second by Councilor Roy to place on file. Committee vote 5 – 0 favorable. 2 Motion made by Councilor Laflamme and second by Councilor Roy to take #9 out of order. Motion passed. ITEM #9 BE IT ORDERED that Hollister Jewelry & Coin be called before the City of Chicopee License Committee and City Council to discuss the license currently held by Hollister Jewelry & Coin in compliance with restrictions imposed upon said license(s). The City Council may modify, suspend, or revoke any license(s) held by Hollister Jewelry & Coin. Mr. Archibald Moe was present at the meeting. He stated that some items came into his store and then John came in and said that the items were stolen from his father by his nephew and that he will buy the items back from the shop. Mr. Moe stated that he did not realize that charges were brought against the nephew he thought they were going to be bought back by the family. He feels that this incident is just a matter of miscommunication. Detective Michael Dion stated that jewelry and fire arms were stolen and there is a suspect arrested in this theft and he is being held in jail at this time. Because this is an oncoming investigation Detective Dion could not elaborate too much on the case. He stated that during his investigation of this house break in he located the stolen jewelry at Hollister Jewelry and Coin. He called the owner and advised him that the stolen jewelry was at his store. He put a police hold on it until someone from CPD could retrieve the items. Detective Nichols went to the store to pick up the merchandise at which time Mr. Moe refused to release the stolen jewelry. Detective Dion and Detective Nichols went back to Hollister Jewelry & Coin and Mr. Moe stated that the jewelry was going to be picked up by a family member and that they would pay for the jewelry in cash. Mr. Moe further stated that the jewelry was now past thirty days from being pawned meaning that he was now the legal owner of the jewelry. Detective Dion then explained that the jewelry was stolen and that charges could be brought against him. He then explained to Mr. Moe that he could arrest him and seek a search warrant to search the business to confiscate the jewelry. Mr. Moe then went and retrieved the jewelry and turned it over to Detective Dion. Detective Dion stated that he has been doing this job for many years and he works closely with the Liquor Commission and the License Committee. He has extensive training and felt that the committee should be made aware of what transpired at this business. Chairman Roy stated that according to 188-9 the license holder must keep a permanent bound book in which shall be written at the time of every purchase of any article a description, names, age and residence of the person from whom and the day and hour when such purchase was made. Mr. Moe stated that he has a computer program that he uses to keep these records. Chairman Roy stated that keeping records in the computer is not what is required by city ordinance. Add the following restrictions to the license Paper log book must be kept Bought items to be put into Police system (NESPIN) within 2 business days 3 Motion made by Councilor Laflamme and second by Councilor Roy to add the two new restrictions. Committee vote 5 – 0 favorable. ITEM #4 Application for a Class II License for Krystle Kleen Auto Sales, Inc., located at 235 Meadow Street. Applicant Michael Anthony Robare, 95 Rondeau Street, Palmer, MA 01069 Michael Alan Robare and Michael Anthony Robare were present at the meeting. Michael Alan Robare stated that he is turning over the business to his son, Michael Anthony Robare. Reports: Planning – Property is zoned Industrial, use is allowed by right, concerns are property assess. If pavement is being increased; totaling more than 4,000 SF of impervious cover will require site plan review. Fire – The Fire Department has concerns with proper/legal public safety access to rear (2) properties at this location. Conditions: Good housekeeping No outside storage No junk cars No outside repairs Total number of vehicles 145 (as amended further in the meeting) (1 inside, 144 outside, employee, 2 customer) Hours- M-F 9-9, Saturday 9-5, Sunday 12-4 Max number of vehicles on lot 151 at any time, 145 of which are for sale Adhere to approved plot plan Fire Department regulations Meet screening requirements as set in ordinance e Must supply bond prior to license being issued Must turn in prior Class II and Repair Licenses Motion made by Councilor Brooks and second by Councilor Roy to approve with restrictions. Committee vote 5 – 0 favorable. ITEM #5 Application for an Auto Repair License for Krystle Kleen Auto Sales, Inc., located at 235 Meadow Street. 4 Applicant Michael Anthony Robare, 95 Rondeau Street, Palmer, MA 01069 Michael Alan Robare and Michael Anthony Robare were present at the meeting. Michael Alan Robare stated that he is turning over the business to his son, Michael Anthony Robare. The applicant stated that he would like his license to allow him to do repair on outside cars that come in not just the ones that he sells. Committee stated that they will have to reconsider the previous license because number of cars will change as a result of allowing outside repair work. Conditions: Good housekeeping No outside storage No junk cars No outside repairs Total number of vehicles 6 ( 1 inside, 5 outside, 3 employee, 2 customer) Hours – M-F 9-5, Saturday 9-1, closed Sunday Must turn in license when picking up new license Retail repairs allowed Same restrictions as a new Class II Fire Department regulations No spray painting or auto body work Motion made by Councilor Laflamme and second by Councilor Roy to approve with restrictions. Committee vote 5 – 0 favorable. Motion made by Councilor Krampits and second by Councilor Roy to reconsider #4. Motion passed. Committee discussed changing the total number of vehicles on the Class II license to accommodate the outside repairs. The total number of vehicles on the Class II will be 145. Motion made to approve. Motion passed. ITEM #6 Application for an Auto Detailing License for Krystle Kleen Auto Sales, Inc., located at 235 Meadow Street. Applicant Michael Anthony Robare, 95 Rondeau Street, Palmer, MA 01069 Michael Alan Robare and Michael Anthony Robare were present at the meeting. The previous business at this location did not have an Auto Detailing license. 5 Conditions: Good housekeeping No outside storage No junk cars No outside repairs Total number of vehicles 6 ( 1 inside, 5 outside, 3 employee, 2 customer) Hours – M-F 9-5, Saturday 9-2, closed Sunday Same restrictions as new Auto Repair license Fire Department regulations apply Motion made by Councilor Laflamme and second by Councilor Roy to approve with restrictions. Committee vote 5 – 0 favorable ITEM #7 Application for a Junk Dealers License for Krunali, Inc. located at 2 Mill Street. Applicant Hermant Kumar Patel, 134 South Street, Belchertown, MA 01007 Mr. Patel was present at the meeting. Mr. Patel stated that the Engineering Department has issued an address to this piece of property which is now called 2 Mill Street. Chairman Roy stated that there is a small piece of property that is a paper street extension that the city owns which is being worked on to be accepted as a city street to allow access to this business location. Captain Galarneau stated that a 50 foot entrance to this property provides adequate access for fire apparatus. Lee Pouliot stated that the middle and back lots behind 235 Meadow Street have no legal frontage. The little piece of property is not an accepted right of way. Chairman Roy stated that the tire piles have gone down significantly. Mr. Patel will continue to work on the tire pile. Mr. Patel stated that there is no water or sewer connection on that property. Conditions: No torching or cleaning scrap metal near cars Hours M-Saturday 8-5, closed Sunday Must have buffer area as per ordinance Must meet Health Department Regulations Must turn in prior license to pick up new license Fire Department Regulations 6 Motion made by Councilor Zygarowski and seconded by Councilor Krampits to approve with restrictions. Committee vote 5 – 0 favorable. ITEM #8 Application for a Class II License for Elmadina, Inc., d/b/a 1 Stop Auto Sales located at 415 East Street. Applicant Charlene Coelho, 203 Hannoush Drive, West Springfield, MA 01089 Ms. Coelho was present at the meeting. She stated that she is leasing the property and is requesting to sell vehicles. Planning – Property currently has split zoning partial Business A and partial Residential A. Car/auto sales are not allowed in Residential A zones. Special permit would be required for back parking area to be used as parking (Special Permit would also need to restrict “Sale” car parking to Business area.) Lee Pouliot stated that the provided plan shows the existing parking layout. He asked Ms. Coelho how she will park the vehicles. The applicant replied that the vehicles will be turned to face East Street. Councilors stated that they need to see a plan that shows exactly how the vehicles will be parked. The committee questioned who will be repairing cars for warranty requirement. Ms. Coelho stated that Chicopee Auto Service & Sales Center, Inc., on Front Street. No agreement with Chicopee Auto Service & Sales Center, Inc. is on file. Committee informed the applicant that she must provide the agreement. Captain Galarneau stated that there is adequate access to this property. Applicant needs to submit a new plan that shows exactly how the vehicles will be parked. The property owner needs to apply for a Special Permit. In order for Ms. Coelho to open her business now the committee removed vehicle parking from the back piece of the property that is zoned Residential A. The submitted plan has been altered to indicate that. Conditions: Good housekeeping No outside storage No junk cars No outside repairs 7 Total number of vehicles 25 (0 inside, 25 outside, 2 employee, 3 customer) Hours M-F 9 – 8, Saturday 9-5, Sunday 10-4 Fire Department Regulations 20 cars for sale max Agreement with repair shop for repairs Motion made by Councilor Laflamme and second by Councilor Roy to approve with restrictions. Committee vote 5 – 0 favorable. ITEM #10 Minutes – August 31, 2015. Motion made to approve. Motion passed. Meeting adjourned at 9:25 PM. 8