City Council - License Committee

CHICOPEE CITY COUNCIL LICENSE COMMITTEE APPROVED 11-16-2015 License Committee Members Gerry Roy, Chairman Fred Krampits, Vice Chairman Frank Laflamme Robert J. Zygarowski Shane Brooks MINUTES October 19, 2015 The following are the minutes of a public hearing held Monday, October 19, 2015 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Roy, Laflamme, Zygarowski, Krampits, Brooks Also Present Dan Garvey (Associate City Solicitor), Christopher Lareau (Police Sergeant) The meeting was called to order at 6:30 PM In compliance with the Open Meeting Law the Chairman asked if anyone in the audience was recording the meeting. ITEM #1 Application for a Class III License for Krunali, Inc. located at 2 Mill Street. Applicant Hemant Kumar Patel 134 South Street Belchertown, MA 01007 Mr. Patel was present at the meeting. He stated that he will be operating the business as in the past this is just a license request under his corporation name. The area of Mill Street that is used for frontage for this piece of property has not been accepted as a city street as of yet similar to many streets in the city. Reports read from the following: Building Department: There is no street frontage. Mill Street extension has not be accepted. 1 Fire Department: Proper address and access for emergency vehicles to both rear properties on Mill St. shall be provided prior to the approval of any business. Restrictions on tire storage recommended to ensure manageable quantities of junk tires on the property. 1. The business shall comply with Massachusetts Board of Fire Prevention Regulations: 527 CMR 5.00 Operation and Maintenance of Buildings Used for Garages; 527 CMR 9.00 Tanks and Containers (Waste Oil Storage); 527 CMR 10.00 Prevention of fires in Buildings and 527 CMR 14.00 Storage of Flammable Liquids and Gases (Only approved flammable storage cabinets) 2. Applicant will be required to obtain all necessary permits [527 CMR 1.04(8)] 3. The storage, handling and mixing of flammable and combustible liquids shall meet the requirements of NFPA 30, Flammable and Combustible Liquids Code. [780 CMR 419.2.3] 4. Applicant shall adhere to applicable sections of NFPA 30A. 5. Maintain FIRE LANES around building. No vehicle storage against building. 6. Maintain access for emergency vehicles at all times. 7. Storage of junk vehicles shall be orderly. 8. Fire extinguishers are required. All extinguishers must be rated at a minimum of 40 B.C. The number of extinguishers required will be determined at a later date. [527 CMR 5.09)] 9. Spray operations shall not be conducted without proper spray booth. 10. A permit for the storage of waste oil may be required. The storage must comply with the Board of Fire Prevention Regulations. [527 CMR 9.06] 11. Proper address numbering as required by Code of the City of Chicopee. 12. Dumpsters shall be located at least 25’ away from building. Planning: Property is zoned Industrial; use allowed by right. Planning Department staff maintains that this parcel does not have legal right-of-way, as parcel 13A is not an accepted public right-of-way. Further, we cannot confirm if proposed improvements on Parcel 13A were completed per city specifications for pavement. Incomplete application. Plan is inadequate confusing with various conflicting layers of data. Do not recommend approval until the parcel has legal frontage and a more detailed plan is submitted. Public Input Linda & William Yelinek, 100 Reimers Rd., Monson, MA own property on Gagne Street. They are concerned about the increase of traffic on Gagne Street, speeding and lack of sidewalks. Michael Pasternak, 37 Gagne Street, stated that the fence between the business and his property is not secured. He also mentioned that there are people going onto the property at all hours. This was determined that it’s for the 3rd property behind Mr. Patel’s. Restrictions Good housekeeping No outside repairs Total number of vehicles 250 (outside 250, 2 employee, 2 customer, 242 junk cars max) 2 Hours of Operation M-Saturday 8-5, closed Sunday Fire Department access to property at all times Will continue to remove tires Lighting to be shielded to avoid homes Any Health Department regulations that apply All Fire Department regulations Meadow Street right of way to remain clear of anything Fence to be repaired as discussed abutting residential property Turn in prior license Motion made by Councilor Zygarowski and seconded by Councilor Krampits to approve. Committee vote 5 – 0 favorable. Motion made by Councilor Laflamme and second by Councilor Roy to take #5 out of order. Motion passed. ITEM #5 Application for an Auto Repair License for Kin’s Auto Glass & Repair located at 628 Center Street. Applicant Joaquin Rodriguez 26 Windsor Street Springfield, MA 01105 Joaquin Rodriguez was present at the meeting. Reports read from the following: Fire Department 1. The business shall comply with Massachusetts Board of Fire Prevention Regulations: 527 CMR 5.00 Operation and Maintenance of Buildings Used for Garages; 527 CMR 9.00 Tanks and Containers (Waste Oil Storage); 527 CMR 10.00 Prevention of fires in Buildings and 527 CMR 14.00 Storage of Flammable Liquids and Gases (Only Approved Flammable Storage Cabinets) 2. Applicant will be required to obtain all necessary permits. [527 CMR 1.04(8)] 3. The storage, handling and mixing of flammable and combustible liquids shall meet the requirements of NFPA 30, Flammable and Combustible Liquids Code. [780 CMR 419.2.3] 4. Applicant shall adhere to applicable sections of NFPA 30A (Code for Motor Fuel Dispensing Facilities and Repair Garages) 5. Maintain FIRE LANES around building. No vehicle storage against building. 6. Maintain access for emergency vehicles at all times. 7. No storage of junk vehicles. 8. Fire extinguishers are required. All extinguishers must be rated at a minimum of 40 B.C. The number of extinguishers required will be determined at a later date. [527 CMR 5.09(8)] 9. Body work and or spray operations shall not be conducted. 3  10. A permit for the storage of waste oil may be required. The storage must comply with the Board of Fire Prevention Regulations. [527 CMR 9.06] 11. Proper address numbering as required in Code of the City of Chicopee 12. Dumpsters shall be located at least 25’ away from building. Engineering: Plan submitted is inadequate. Does not show entire parcel. Planning: Property is zoned Industrial – use allowed by right. Parking Requirement = two spaces per repair stall (275-40 N(2)(r). Plan dated 9/29/2015 details two repair areas – requiring 4 parking spaces (Revised plan from 9/30/15 provides less data) Plan details 4 parking spaces + 2 employee spaces within the building. Per 275-40 (H) (2) vehicles are prohibited from backing out of provided parking spaces on to Center Street. Provided plan does not indicate where curb cuts for property access are located. Chairman Roy stated that there is an issue with the criminal background check that was received from the Police Department. Councilor Roy asked Mr. Rodrigues if he permits the committee to review the CORI that was received. Mr. Rodrigues replied that the committee has his permission to review. The committee then reviewed the criminal background report. Councilor Brooks stated that all the additional paperwork that is submitted with an application is another tool used by the committee to review the application. Dan Garvey stated that in order to comply with city ordinances the applicant must provide 4 off street public parking spaces because he has two bays that he will be operating out of. Mr. Rodrigues stated that he has permission from the property owner across the street to utilize the parking spaces in that parking lot. Dan Garvey stated that in order to use the parking spaces across the street a special permit will be required to utilize those spaces for this business. The property owner will need to come in and file the required paperwork prior to this license being considered. Motion made by Councilor Laflamme and second by Councilor Roy to postpone. Motion passed. ITEM #2 Application for an Auto Repair License for Tommcat Performance located at 680 Prospect Street. Applicant Thomas Mango & Kyle Bagg 69 Kerry Drive Springfield, MA 01118 Thomas Mango and Kyle Bagg were present at the meeting. Reports read from the following: 4 Building Department: Business A – Motor vehicle repair permitted. 275-40 G allows the City Council to reduce the number of required parking spaces by Special Permit. It does not appear this lot meets the required parking per ordinance. Planning Department: Property is zoned Business A; use is allowed by right. Parking requirement for auto repair is two public spaces per repair stall (275-40 N (2) (r) – cannot define from proposed plan how many repair stalls are included in the building. Plan does not detail parking agreement area on a neighboring parcel – no agreement provided for review. If agreement exists, a Special Permit would be required for flexible parking (275- 40 (G) (8). Plan is inadequate (no measurements or details, etc). Recommend disapproval until an adequate plan is provided in addition to proof of parking agreement with neighboring property. Engineering Department: The plan submitted is not sufficient for review. Plan shows parking on the adjacent property? Dan Garvey stated that a Special Permit would be required for parking on adjacent property. Committee could approve one bay right now with 2 parking spaces on the property. The property owner could apply for a Special Permit for additional parking spaces at adjacent lot. Restrictions 1. Good housekeeping 2. No outside storage 3. No junk cars 4. No outside repairs 5. Total number of vehicles 5 (3 inside, 2 outside, 2 employee, 2 customer) 6. Hours of operation M-Saturday 8-5, closed Sunday Restrictions 7-10 as seen on signed plan 7. Lift “A” to be operational 8. Lift “B” to be unused at this time until Special Permit 9. “C + D” to be used for employee parking 10. “E + F” to be used for customer parking 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 Laflamme to take items 3 and 4 together. Motion passed. ITEM #3 BE IT ORDERD that Federico Sales & Service be called before the City of Chicopee License Committee and City Council to discuss the license(s) currently held by Federico Sales & 5 Service, in compliance with restrictions imposed upon said license(s). The City Council may modify, suspend, or revoke any license held by Federico Sales & Service. ITEM #4 BE IT ORDERD that Kanar Auto Sales, LLC be called before the City of Chicopee License Committee and City Council to discuss the license(s) currently held by Kanar Auto Sales, LLC, in compliance with restrictions imposed upon said license(s). The City Council may modify, suspend, or revoke any license held by Kanar Auto Sales, LLC. Francis Federico Federico, Attorney Jeffrey Bohnet (representing the property owner), Attorney Ryan Barry (representing Kanar Auto Sales, LLC), and Mohammed Alsultani (Kanar Auto Sales, LLC) were present at the meeting. Councilor Krampits stated that he has received several complaints from neighbors concerned with excessive cars on the property, vehicles parking on Butler Street and tearing up the treebelt, and cars parking too close to driveways prohibiting a safe exit and entrance. Attorney Bohnet stated that the property owner and Mr. Alsultani are currently in Chicopee District Court. However, the matter has been resolved tonight. A new plan will be drawn up depicting what has been agreed upon. Mr. Federico stated that he will inform his customers to not park on the tree belt on Butler Street. Public Input Gary Lambert, 221 East Street, stated that the tree belt is torn up not just by cars but also by plows. Councilor Krampits stated that the street was redone this year and the tree belt is new. Miguel Roldan, 90 Fernhill Street, stated that the handicap parking space at Kanar’s should be utilized by handicap customers only. Motion made by Councilor Krampits and second by Councilor Roy to postpone both items to the call of the chair. Motion passed. ITEM #6 Minutes – September 22, 2015. Motion made to approve. Motion passed. Meeting adjourned at 8:44 PM. 6