City Council - License Committee

CHICOPEE CITY COUNCIL LICENSE COMMITTEE APPROVED 1-25-2016 License Committee Members Gerry Roy, Chairman Fred Krampits, Vice Chairman Frank Laflamme Robert J. Zygarowski Shane Brooks MINUTES December 14, 2015 The following are the minutes of a public hearing held Monday, December 14, 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 Not Present Brooks Also Present Dan Garvey (Associate City Solicitor), Councilor Zaskey The meeting was called to order at 6:32 PM In compliance with the Open Meeting Law the Chairman asked if anyone in the audience was recording the meeting. ITEM #1 Application for an Auto Repair License for Meadow Auto Parts at 239 Meadow Street. Applicant Leonid Ignatyuk 132 Maryland Avenue Chicopee, MA 01020 Councilor Laflamme motion to modify the current address of 239 Meadow Street now known as 5 Mill Street – motion passed Applicant was present Councilor Laflamme stated that he has been to Meadow Auto Parts and the applicant has done a lot of cleaning on the property and has another fourteen hundred tires ready to be removed. Regulations Now known as 5 Mill Street, Chicopee Zone change for parcel #14 3774 sq. ft. must be approved. Waste tire pile to be removed by 12/30/16 Must meet Fire Department regulations 1 Good Housekeeping Hours of Operation No outside storage Monday – Friday 8:00 am – 6:00 pm No junk cars Saturday 8:00 am – 1:00 pm Total number of vehicles 15 Sunday Closed Inside 3 Outside 12 Employee 2 Customer 13 Councilor Krampits motion to approve with restrictions – Councilor Laflamme 2nd the motion – motion passed Committee vote 4 – 0 favorable. ITEM #2 BE IT ORDERED THAT Chicopee Auto Service and Sales Center, Inc., be called before the City of Chicopee License Committee and City Council to discuss the license(s) currently held by Chicopee Auto Service and Sales Center, Inc., including compliance with restrictions imposed upon any all licenses held by Chicopee Auto Service and Sales Center, Inc., in particular violations of hours of operation restrictions, violation of number of licensed vehicles, and operating an unlicensed ay. The City Council may modify, suspend or revoke any license held by Chicopee Auto Service and Sales Center, Inc. The Committee spoke on the following Items #2 and #3 Councilor Roy stated what we’re discussing at the moment is, operation, number of vehicles and unlicensed bay. Councilor Zaskey stated that a license is a privilege, it’s not something you take for granted and do whatever you want on your property. We have determined there have been several violations. For the last couple of months you have been operating a bay at 930 Front Street and your license stipulates that you are at 926 Front Street, this is where we gave you your license to operate with a total number of vehicles twenty six with twelve cars for sale. You have expanded your business to another bay. You can’t open your business up anywhere you want in the City of Chicopee, you have to apply for a license. You’ve had several notices from the city and you continue to operate out of 930 Front Street. You were allowed to sell twelve cars and you have expanded that. I told you two months ago when I stopped bye that you were only allowed twelve cars for sale and you had eighteen, you never modified this and as of Sunday morning you had twenty cars for sale on the lot. Your hours of operation are from 9:00 am – 5:00 pm Monday through Friday and Sundays 10:00 am – 3:00 pm. Several evenings you have been operating after 7:00 pm, your door is open and you’ve been in there working on cars. You also have been operating on Saturdays after 4:00 pm. You never came back to this committee and stated that you have a new bay to work from, increase the number of cars to sell or extend your hours of operation. You have more vehicles on that property that it can handle. Friday when I went there I could not come around the corner and there were no vacant spots to park. You have cars all over the place, some with flat tires, broken windshields, and some parked along the fence with glass broken. The place has become an eye sore. My intent here is to clean it up. What is happening with 928 Front Street, there’s a garage door there and now there’s a storefront there. Ahmed Mustafa stated that it has been an office before, it’s not a garage. 2 Councilor Zaskey stated that the previous license holders had a license at 926 and 928 Front Street to repair cars and his office was in the back where you now have your office. Ahmed Mustafa stated that Greg Szyluk gave him the paper to show him this is an office. Councilor Zaskey stated he checked with Carl Deitz in the Building Department this morning and he said there was no permit taken out to alter this building. Ahmed Mustafa stated that before he opened the garage at 930 Front Street he made a call to the City to ask if he had to submit any amendment for this and he was told he does not have to because it has the same address and he’s doing the same car dealership which includes everything; repairs, tires, and auto sales. He was told that it was the same location and same property so he did not have to summit any paperwork and he spoke to Councilor Roy. Councilor Roy stated that he was asked if they could bring an alignment machine in and put it where they were licensed. Ahmed Mustafa stated that in the past we had two cars stolen so we leave the lights on now and it could look like someone is there working. Ahmed Mustafa stated he is not doing any construction work on the office. Councilor Zaskey stated you put the front up and the two glass windows on and that’s an alteration to a building and you need a permit. Ahmed Mustafa stated that it’s been an office and he’s putting it back as an office. Councilor Zaskey stated that it has never been an office in the front. Councilor Roy stated you say you are not doing any modifications but you’re reconstructing the front of the building. Ahmed Mustafa stated that the cars from the other businesses that were supposed to be cleared away are all still there. Ahmed Mustafa stated Councilor Roy came today and I showed him the car titles. If they have no titles they are not mine and you can take them away. Councilor Roy stated that you have more than twelve cars for sale on your lot. Ahmed Mustafa stated he has more cars for sale on his lot than his license allows that’s why he’s asking for an amendment. Councilor Zaskey stated that if you are renting 926, 928, and 930 Front Street, then they should all be a part of your license so that we as a City know that all these three units belong to Chicopee Auto Service and Sales. Councilor Zaskey stated you need to apply for a license before you occupy another bay. The City has a right to know what is on the license that they gave you. Ahmed Mustafa agreed and stated that’s why he called the City and asked what the procedure was first and he was told he does not have to submit any paperwork. Councilor Zaskey stated that you just came to us for an amendment but, you’ve been operating for over two months without the proper licensing. Councilor Laflamme agreed with Councilor Zaskey that any time you modify a building whether it’s a foot in either direction; you need to come before this board for any alteration for that property. Councilor Roy stated that they had two months to address a number of car issues and they didn’t do it. Councilor Laflamme stated we need Carl Dietz and Greg Szyluk here for the next meeting to settle this. Furthermore 932 Front Street has no parking and you will never be able to rent it. All this other property here has to be detailed and clarified. Councilor Roy stated we’ve had problems with this property for years. The Landlord doesn’t seem to care how many cars are unregistered and whose cars they are. We are spending time and effort on what’s going on over there when the Landlord is getting paid to take care of the property and he isn’t doing it. I don’t think we should keep putting this off; it is as bad as it was two years ago or worst. There is no compliance in any aspect of it. 3 Councilor Zygarowski stated that how can we address other items on this agenda when he won’t clean up what he has. Councilor Krampits stated that you have to abide by the rules that you currently have on your license. If you want to increase the number of cars for sale then you file the necessary paperwork first. Councilor Zaskey stated that according to your license you have a license for only 926 Front Street; you are in violation of anything else you are doing. We have a right to suspend your license right now until you comply with everything that’s required. Ahmed Mustafa agreed Councilor Laflamme stated that he’s not in favor of suspending the license. I think if they are all brought back in January we can do an on-site meeting. Ahmed Mustafa stated he will have the area cleaned up within twenty four hours. I will take pictures of all the cars that don’t belong to me. Motion to place on file Committee vote 4 – 0 favorable ITEM #3 BE IT ORDERED THAT Chicopee Auto Service Station Center, Inc.; be called before the City of Chicopee License Committee and City Council to discuss the license currently held by Chicopee Auto Service and Sales Center, Inc., including compliance with restrictions imposed upon any all licenses held by Chicopee Auto Service and Sales Center, Inc. The City Council may modify, suspend or revoke any license held by Chicopee Auto Service and Sales Center, Inc. Councilor Krampits motion to postpone – Councilor Roy 2nd the motion – motion passed. Motion to postpone ITEM #4 Application for an alteration of Class II, Auto Detailing, and Auto Repair license to add additional bay with additional car sales, car sales is currently 13 cars would like to go to 30 cars for Chicopee Auto Service & Sales Center, LLC Applicant Ahmed Mustafa Dan Garvey stated the purpose of the modification needs to be specific that you want to expand your existing business to include 926, 928 and 930 Front Street and you want to increase the amount of used cars you may sell from twelve to thirty and any other changes you want made. Be specific on the plan where your cars are going to be parked. Any time you want to make any change you have to specifically specify in the application otherwise the Council can’t consider it. Motion to postpone – motion passed Motion to take # 6 & #7 out of order – motion passed ITEM #6 BE IT ORDERED THAT Kanar Auto Sales, be called before the City of Chicopee License Committee and City Council to discuss the license(s) currently held Kanar Auto Sales, LLC, in 4 compliance with restrictions imposed upon said license(s)., The City Council may modify, suspend, or revoke any license(s). Applicants for both Items were present Councilor Roy read the lease for Kanar Auto Sales. Councilor Krampits stated that when he was at Kanar Auto Sales yesterday there were twenty seven cars outside and that’s too many. I’ve been getting complaints from the neighbors about the number of cars for both businesses on this property. At tomorrow’s City Council meeting your licenses will be approved for only thirty days to make sure you are both in compliance. I’m glad to see that all the parties have come together on this. The Committee discussed modifying the parking for both businesses. Councilor Krampits stated there is no work on Sundays. Restrictions Parking location #1 on approved plan to be eliminate 2 additional cars to be placed alongside #5 on East Street Property address is 245 East Street Parking location #12 and #11 to be employee parking No parking location #16 and #15 Cars for sale to be reduced from 13 to 11 cars Must meet Fire Department approval Send copy of plan to Fire Department Committee vote 4 – 0 favorable Councilor Laflamme motion to approve with restrictions – Councilor Krampits 2nd the motion – motion passed ITEM #7 BE IT ORDERED 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 & 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. Public Input Donald Davis, 32 Lorreta Street, Springfield stated that 245 and 241 East Street which are separate businesses are sitting here tonight and they are in agreement now, but Fredrico’s is not in violation correct. Councilor Krampits stated no he’s not in violation but it’s the same property. Councilor Roy stated that it’s unfortunate but that’s how we have to handle it because we have two people on the same property and there is confusion on who is renting what initially. Address 241 East Street Location #10 and #11 are employee parking Location #12, 13, 14, 15 customer parking Parking 7 customers inside Total parking 13 cars: 5 7 inside 6 outside Handicap sign to be put up Modify or add to existing restrictions Councilor Laflamme motion to approve with restrictions – Councilor Krampits 2nd the motion – motion passed Committee vote 4 – 0 favorable ITEM #5 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: By adding 188-4.2 Legal Residency No license granted under this Section 188 shall be issued to any person who is not, at the time of their application therefor or at the time of renewal, a legal resident of the United States or to any corporation or limited liability company a majority of whose directors/managers are in fact not legal residents of the United States, and no person not such a legal resident shall be appointed as manager or other principal representative of any licensee. Dan Garvey stated that you can modify the actual application but the CORI request comes from the State. You can ask the question on the application. Councilor Roy asked do we need and ordinance to change it on the form. Dan Garvey stated that to change the form and make it enforceable you would need and ordinance. Councilor Zygarowski stated you would have to file an ordinance and send it to the Ordinance Committee. Councilor Zygarowski stated I don’t think this is a bad idea as long as it’s done legally. Councilor Roy stated that I think this is something that will become more relevant as time goes on. Why not address it now when in two years we will be having issues. I don’t know if you’ll get one hundred percent protection but, it will make them be fraudulent on the application to get around it. In Massachusetts we have about a quarter of a million illegal immigrants and it cost us as a state to educate about two billion dollars per year. For the protection of license holders like we have in the city, this gives them a little more protection that someone that’s here illegally can’t come in and take their business. Councilor Zygarowski stated that it gives protection to our citizens in Chicopee. I’m in favor of it. Motion to place on file Committee vote 4 – 0 favorable ITEM #8 Minutes – November 16, 2015. Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Motion passed. Meeting adjourned at 9:45 PM. 6