City Council - License Committee

CHICOPEE CITY COUNCIL LICENSE COMMITTEE ACCEPTED 2-29-16 License Committee Members William Zaskey, Chairman Fred Krampits, Vice Chairman Frank Laflamme Shane Brooks Stan Walczak MINUTES January 25, 2016 The following are the minutes of a public hearing held Monday, January 25, 2016 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Zaskey, Krampits, Laflamme, Brooks, Walczak Also Present Dan Garvey (Associate City Solicitor), Captain Mark Galarneau (Fire Department), Lt. Holly Davis (Police Department), Lee Pouliot (Planning Director), Carl Dietz (Building Commissioner) 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 Meadow Auto Parts, Inc., located at 5 Mill Street. Applicant Leonid Ignatyuk 132 Maryland Avenue Chicopee, MA 01020 Leonid Ignatyuk was present at the meeting. He stated that he would like to obtain this license to be able to sell used auto parts. Reports read from the following departments: Fire Department The Chicopee Fire Department makes the following recommendations in addition to attached codes and regulations  Proper address and access for emergency vehicles to both rear properties on Mill Street shall be provided prior to approval of any business. 1   Restrictions on tire storage recommended to ensure manageable quantities of junk tires on the property. Applicant is expected to read, understand and abide by all applicable codes and regulations to include but not be limited to the following: 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 5.08(8)] 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 in Code of the City of Chicopee 12. Dumpsters shall be located at least 25’ away from building. Engineering Department Site plan is insufficient. What is the surface material? Any site work planned? Sewer utility to garage and office? Garage drains? Oil/water separator? Building Department 1. Mill Street must be extended and accepted to establish the road frontage 2. Structure will need to be permitted 3. Trailer storage requires a special permit Planning Department Zone Change from Residential A to Industrial for portion of property that is adjacent to a city- owned parcel that fronts on Mill Street approved by City Council. (Map 473 Parcel 2) Planning staff maintains that the city-owned parcel is not accepted, public, right-of-way, therefore the property does not have legal frontage on Mill Street (Map 473, Parcel 8) Request a professionally drawn site plan with standard components (including scale and descriptions) prior to awarding of a license. Plans should also be stamped by an Engineer / and surveyor. Councilor Laflamme stated that he has been to the site. He stated that the applicant has improved the site a great deal. He has removed a large portion of the tires on that parcel. He purchased this parcel from the City therefore, why would the city sell a dead locked parcel 2 without legal frontage. In December the Council granted Mr. Ignatyuk an Auto Repair License for this property. Last fall the middle parcel was granted a Class III license with frontage on Mill Street. Councilor Walczak stated that he has visited the property and has noticed that a lot of the tires have been removed. Restrictions Hours of operation M-F 8-6, Saturday 9-1, closed Sunday Conform to Auto Repair restrictions Motion made by Councilor Brooks and second by Councilor Laflamme to approve with restrictions. Committee vote 5 – 0 favorable. ITEM #2 Application for an Auto Repair License for Kin’s Auto Glass & Repair located at 628 Center Street. Applicant Joaquin Rodriguez 41 Woodside Terrace Springfield, MA 01107 Mr. Rodriquez and his attorney Nikolas Andreopoulos of Springfield were present at the meeting. Attorney Andreopoulos stated that the proposal is for primarily auto glass repair and replacement. After about 12 years in downtown Springfield Mr. Rodriquez was relocated because of the MGM expansion. He would like to open up the shop in Chicopee. He further stated that they feel that the property is well suited for that type of business. Mr. Rodriquez has already done some substantial improvements to the building. Councilor Zaskey asked if there will be any employees at this business. Mr. Rodriquez replied that he is the only employee at this time. Reports read from the following departments: 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. 5. Maintain FIRE LANES around building. No Vehicle Storage Against Building. 3  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 5.08(8)] 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 in Code of the City of Chicopee 12. Dumpsters shall be located at least 25’ away from building. Building Department Concerns are: 1. 4 garage bays will back out onto Center Street 2. Concerned about pedestrian and bicycle traffic – methadone clinic next door 3. Requires 2 parking spaces per garage bay and 1 space per 2 employees working in storage/warehouse area Engineering Department There is a concern about cars backing out into Center Street. Parking for the business? There is an ordinance on the books for “No Parking” on the west side of Center Street in this area. Health Department No concerns at this time. Planning Department Special Permit that granted flexible parking for the business (shared parking agreement) has been granted by City council – allowing the business to meet its parking requirements. Property is zoned Industrial – use is allowed per Chapter 275-62 (A). Recommend approval. Lt. Davis stated that when Mr. Rodriquez completed his paperwork for the license he completed a form regarding his criminal history. The Police Department did get an alert about that. Dan Garvey stated that the last time Mr. Rodriquez was before the License Committee he had given permission for the committee to review the report. Attorney Andreopoulos stated that the committee may review the report. He stated that there’s nothing there for 30 years. Councilor Laflamme stated that the concern from the Engineering Department is the exiting of the building. He further stated that there’s nothing there a driver just comes straight out of the building onto the sidewalk and street. Further parking is prohibited on this side of the street by ordinance. Councilor Laflamme stated that the previous business was not as active as this business will be. Attorney Andreopoulos stated that this business is not a hustle and bustle type of environment. The car will go in and stay there for a period of time and come out. Mr. Rodriquez stated that the business will operate by appointment only. Councilor Laflamme stated that perhaps a mirror could be installed. Councilor Laflamme asked Mr. Rodriquez if he is working out of this shop right now. Mr. Rodriquez replied that he is not. 4 He is working to fix the building. Councilor Laflamme stated that he has seen people come in and out of the building. Councilor Walczak stated that he drove past this property one day and saw a number of cars parked in front of the bay. Mr. Rodriquez stated that they belong to the clinic next door. Councilor Walczak further asked how much time is allowed to work on each windshield. Mr. Rodriquez replied 3 hours. Lt. Davis stated that this area between 6 AM and 1 PM is a high traffic area because of the methadone clinic. Councilor Laflamme asked where customers will park when they come to drop off their car. Mr. Rodriquez replied that he will see the car pull up on his camera. Councilor Zaskey asked that the applicant elaborate on the CORI report. Attorney Andreopoulos stated that there is no activity on the CORI for 30 years. There is a huge difference between having a case and being found guilty. The CORI report shows that the Commonwealth was not interested in prosecuting the charges that had been brought against Mr. Rodriquez and were dismissed. There is nothing legal on the report that should cause the committee concerns the committee is just seeing activity. Councilor Brooks stated that the committee is charged with looking at the complete applicant including suitability of the applicant. The committee needs to consider every factor for the use proposed including location. He further stated that this is a dangerous stretch of Center Street. This road not only leads to the Women’s Correctional Facility but also Bay State has the parking for staff, and the methadone clinic that has little regard for public safety with respect to the people that visit there. It makes it hazardous and treacherous to try to navigate vehicles with respect to where that building is located. Councilor Brooks stated that he is concerned about safety for people not only trying to get into the bays for service but also trying to get out safely. There was mentioned private security. Councilor Brooks stated that he has seen the security personnel act more as crossing guards because the vehicles do not reduce speed at the crosswalk. So if drivers aren’t reducing speed for pedestrians he can only image what type of challenge this would present to someone trying to back out. Councilor Brooks questioned whether there is the ability to turn around. Attorney Andreopoulos stated that everyone has the duty to exercise safety and precautions. Mr. Rodriquez is a small business owner and he does not have high volume of cars coming to his business. Councilor Brooks stated that he has witnessed work activity going on at this location. It was discussed at a previous meeting that there would be no activity going on. It appears that there is some level of activity there currently from what he has heard other Councilors mention. It suggests to him that it’s more than just preparing the business. Councilor Brooks cautioned any applicant with that. No one should be operating without a license. Councilor Zaskey stated that according to the lease agreement the rent is approximately $1,700 and asked how Mr. Rodriquez will manage if he only services 2 cars per day. Mr. Rodriquez stated that he is only doing auto glass. Mr. Rodriquez stated that one day it can be 2 cars and next day it could be 6 cars. 5 Councilor Laflamme stated that he is concerned that by the time the front end of the car sticks out you could already hit a person. Motion made by Councilor Brooks and second by Councilor Zaskey to approve to establish restrictions. Restrictions Total number of vehicles – 4 Mirrors on both corners of the overhead door Meet Building requirements and certificate of occupancy permit Number of vehicles inside Meet Fire Department restrictions Public Input Gary Lambert stated that he is familiar with this building and he stated that there is enough room inside the building to turn around. Captain Galarneau stated that there is a ramp inside the bay leading to a second level and there are cars currently stored there. Mr. Rodriguez agreed with Captain Galarneau that he is moving the cars somewhere else. Captain Galarneau questioned the racks to hold the glass. He wouldn’t want someone getting hurt. Committee vote 5- 0 unfavorable. ITEM #3  2016 Class II license renewal for Bernie’s Auto Sales, 1057 Montgomery Street. Applicant Daniel Bernashe 165 Chicopee Street Granby, MA Mr. Bernashe has called and said that his flight was cancelled and he could not make tonight’s meeting. Councilor Zaskey stated that according to the paperwork before the committee Mr. Bernashe lives outside the city and may be required to obtain incorporation or LLC status. Motion made by Councilor Brooks and second by Councilor Zaskey to postpone to the call of the chair. Motion passed. Motion made by Councilor Brooks and second by Councilor Zaskey to place back on the floor Class II license renewal for Bernie’s Auto Sales. Motion made by Councilor Laflamme and second by Councilor Zaskey to extend the license to March 3, 2016. Committee vote 5 – 0 favorable.  2016 Auto Detailing, and Auto Repair License renewals for Mr. Clean Auto Detailing at 1057 Montgomery Street. 6  Applicant Evelyn Roman 71 Blunt Road Springfield, MA 01109 Ms. Roman was present at the meeting. She stated that she was told by Mr. Bernashe that he would address the numbering issue with the Engineering Department. Motion made by Councilor Laflamme and second by Councilor Zaskey to extend the license to March 3, 2016. Committee vote 5 – 0 favorable.  2016 License renewal for Michael D. Gosciminski D/B/A Chet’s Auto Repair at 11 Florence Street. Applicant Michael D. Gosciminski 9 Deerbrook Drive Granby, MA Mr. Gosciminski was present at the meeting. He presented the committee paperwork that he has filed paperwork with the Secretary of the State’s office. The paperwork that he presented states that there is a backlog and he will be receiving his official status shortly. Dan Garvey reviewed the paperwork and stated that it appears that Mr. Gosciminski did file paperwork but because he is changing the name of the business he will be required to file for an amendment to change the name of the business. Motion made by Councilor Walczak and second by Councilor Zaskey to extend the license to March 3, 2016. Committee vote 5 – 0 favorable.  2016 Class II, Auto Detailing, and Auto Repair license renewals for Kanar Auto Sales, LLC, 245 East Street. Applicant Hussein Alnuwab 126 Osborne Terrace Springfield, MA 01104 Mr. Alnuwab was present at the meeting. Councilor Krampits stated that he met on site with Carl Dietz. Carl stated that he counted 22 unregistered vehicles. He wanted clarification on whether those cars purchased at auction that are being prepped for sale count as cars for sale. The committee replied that yes they do count as cars for sale. All unregistered vehicles are for sale cars. Don Davis, 32 Loretta Street, Springfield, stated that when the new license was mailed to the business by the City Clerk’s office it did not reflect the modification from 12-15-15. After discussion it was determined that the license that Kanar Auto Sales, LLC received does not reflect the modification of restrictions that the Council approved on 12-15-15. 7 Motion made by Councilor Laflamme and second by Councilor Zaskey to have the City Clerk’s office prepare a corrected license that was approved on 12-15-15 with modifications. The new license must be picked up at City Clerk’s office and the old license turned in by 1-28-16. Committee vote 5 – 0 favorable.  2016 Auto Detailing, and Auto Repair license renewals for Federico Sales and Service at 241 East Street. Applicant Francis Federico 323 Burlingame Street Palmer, MA 01069 Mr. Federico and Gary Lambert were present at the meeting. Carl Dietz stated that he counted 7 cars in the rear 2 of those cars were unregistered. Gary Lambert stated that dealers will drop off cars and then they take their plates off and leave the car. Councilor Krampits stated that when he was there he noticed a vehicle with a missing bumper. He further stated that Mr. Federico does not have a Class III license and therefore, should not have cars without bumpers on his property. Motion made by Councilor Laflamme and second by Councilor Zaskey to continue the license to the March 3, 2016 meeting. New license must be picked up at the City Clerk’s office and the old license turned in by 1-28-16. Committee vote 5 – 0 favorable. ITEM #4 Application for an alteration of Class II, Auto Repair, and Auto Detailing licenses for Chicopee Auto Service & Sales Center, LLC. To add 2 additional bays and increase the sales of cars.  Cars currently being sold #12 increase car sales to 30  Additional bays are at 928 and 930 Front Street Applicant Ahmed Mustafa 926 Front Street Chicopee, MA 01013 Mr. Mustafa was present at the meeting. Councilor Zaskey stated that the additional bays that Mr. Mustafa is requesting to utilize he has been using already. Mr. Mustafa stated that once the Council informed him that he cannot work out of those bays he stopped. Carl stated that when he visited the property he noticed 12 cars for sale and 19 others. Lt. Davis read the following Police Report from Patrol Michael Kotowski: 8 “On Tuesday 12-15-15 at approximately 1212 hours I was dispatched 930/922 Front Street to assist two Councilmen with a compliance check at the 2 auto repair places for those address’s. Upon my arrival I spoke to Councilman Laflamme and Zaskey. I was advised that I would be assisting them with running some VIN numbers on cars that had no plates on them. The 2 businesses were Chicopee Auto Sales and Service and Engine Light Auto Repair. The Councilmen spoke to the owner’s checking on ownership of all the vehicles on the lot. I assisted in running several VIN numbers with some of them coming back to local people who either sold their vehicle to them or are having it repaired by them most of these vehicle’s did not have registration plates. I was advised that a few vehicle’s belonged to employees who did not register them yet. While checking several cars that were parked in the Engine Light Repair shop parking spaces I came across conflicting stories from the owner of that business. Councilman Zaskey and I were informed that one car that had a plate on it (Ma registration 87WS66) was an employee car. So I moved onto checking the VINs and titles of 2 other cars with no plates on them. I was advised that these cars are owned by Mr. Coronado. I was advised that they were not for sale but there in case one of his business vehicles breaks down. I was advised from Councilman Zaskey that Mr. Coronado did not have a repair of dealer plate. I advised Mr. Coronado that these vehicles should be registered if he is using them for his business. I was advised by Mr. Coronado that the car with the plate belongs to his father. I ran this plate with our Records Bureau and found that the plate came back to a red Honda Accord to a female party out of Springfield MA. This plate was on a Grey Chrysler van. The plate 87WS66 came back status EXPIRED/NON RENEWABLE to Ana Hernandez from Springfield…Mr. Coronado was advised that it is illegal to take a plate from an assigned vehicle and attach it to another. That plate was taken to be returned to the Registry. That plate has been EXPIRED since 2009. At this time both dealers were advised and put on a 24 hour notice from the Councilmen to clean up the car lot to stay in compliance with their license. Both dealership owners were advised that there will be a hearing sometime in January with the License Commission.” Councilor Zaskey stated that there have been problems with the number of vehicles and who they belonged to on this property. He further stated that this is an ongoing problem even though Chicopee Auto Service and Sales, LLC has taken care of its portion of the vehicles. One of the problems that Councilor Zaskey sees with this property is the business Audio Works which is located between Chicopee Auto and Engine Light that does not require licensing from the City only an occupancy permit. Councilor Zaskey stated that he has filed an ordinance amendment to require that type of business to apply for a license. He further spoke about the vehicles parking against the building in the fire lane. Captain Galarneau stated that the property owner had striped that lot including chains for the different businesses and it was orderly. Captain Galarneau stated that the parking lot had bay numbers painted indicating which business the vehicle belonged to. He felt that it needs to be addressed. Lt. Davis asked how many businesses are located on this property. Each business needs to have emergency contact information submitted to the Police Department. Councilor Zaskey stated that his recommendation to the committee is to increase the sale of cars to 20 (17 on the front line and 3 in the back line). He does not see how 30 cars will fit on the lot. 9 In order to see that, a new plot plan drawn to scale will have to be presented. 928 Front Street will be an office and 930 will be another repair bay. Councilor Brooks stated that it’s a struggle with this property where occupants impede on other businesses parking spaces. He suggested that the committee obtain copies of the lease agreements for these businesses from the land owner. Councilor Laflamme would like each car on the lot to be identified which business it belongs to. He would like the identification on the dash of the car. Motion made by Councilor Laflamme and second by Councilor Zaskey to increase number of cars for sale from 12 to 20. Identify each vehicle with Chicopee Auto Sales and Service, Inc., card, add 928 as an office and 930 as another repair bay. Committee vote 5 – 0 favorable. ITEM #5 Minutes – December 14, 2015. Motion made by Councilor Laflamme and second by Councilor Zaskey to approve. Motion passed. Meeting adjourned at 8:47 PM. 10