City Council - License Committee

CHICOPEE CITY COUNCIL LICENSE COMMITTEE APPROVED 3-28-2016 License Committee Members William Zaskey, Chairman Fred Krampits, Vice Chairman Frank Laflamme Shane Brooks Stan Walczak MINUTES February 29, 2016 The following are the minutes of a public hearing held Monday, February 29, 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), Councilor Labrie, Carl Dietz (Building Commissioner), Lisa Sanders (Health Director), 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. Hearing none the meeting continued. ITEM #1 Application for a Storage License for Sunshine Village, Inc., located at 75 Litwin Lane for 2,500 aboveground gallons of propane. Applicant Osterman Propane, LLC, Scott Dunn 1 Blanchard Street Palmer, MA 01069 Mr. Scott Dunn was present at the meeting representing Sunshine Village. He stated that one oil tank will be removed from one building and switched out with propane heating. There were 2 five hundred gallon tanks and 1 one thousand and they are requesting 2 one thousand tanks and 1 five hundred. Public Input Mark Baillargeon, 9 Carpenter Avenue, was concerned that it was going to be 1 two thousand five hundred gallon tank. 1 Reports read from the following: Engineering: Permitted increase of storage tank capacity. No Engineering comments. Planning: Property is currently storing propane for use on-site. Defer to the Fire Department for additional requirements. Site plan is not acceptable, does not have the block or scale. Is unclear as to where “new” storage equipment is being installed. Request updated plan show this prior to approval of any license. Building: No comments Councilor Walczak asked if there is fencing for security around the tanks. Mr. Dunn replied that there is fencing. Councilor Zaskey stated that this will require Fire Department approval. Carl Dietz stated that it seems that the Planning Department could not determine where the tanks were going because the plan lacked a scale. Motion made by Councilor Laflamme and second by Councilor Walczak to approve with Fire Department requirements. Committee vote 5 – 0 favorable. ITEM #2 Application for a name change on a Class II and Auto Repair from Michael D. Gosciminski DBA Chet’s Auto Repair to Chet’s Auto Repair, LLC located at 11 Florence Street. Applicant Michael Gosciminski 9 Deerbrook Drive Granby, MA 01033 Mr. Gosciminski was present at the meeting. All required paperwork showing the LLC status filed with the Secretary of State was presented. Councilor Zaskey also stated that he was notified by the City Clerk’s Office that the license held by Mr. Gosciminski does not include the number of vehicles allowed on the premise. Mr. Gosciminski stated that 5 will be enough. It was determined that a plot plan needs to be drawn to scale showing the location of the vehicles on the property. This plan will need to be submitted within 3 months. Mr. Gosciminski was instructed to contact Lee Pouliot with assistance in drawing the plan. Motion made by Councilor Laflamme and second by Councilor Walczak to approve the LLC name change and the licensee to return within 3 months with a plot plan. Committee vote 5 – 0 favorable. ITEM #3 2 Application for a license to drive a taxicab in the City of Chicopee for Yellow Cab. Applicant Joshua Delgado 240 Winton Street Springfield, MA 01118 Mr. Delgado was present at the meeting. Motion made by Councilor Laflamme and second by Councilor Walczak to approve. Committee vote 5 – 0 favorable. ITEM #4 BE IT ORDERED that Tryba Auto Sales, be called before the City of Chicopee License Committee and City Council to discuss the license(s) currently held by Tryba Auto Sales, in compliance with restrictions imposed upon said license(s). The City Council may modify, suspend, or revoke any license held by Tryba Auto Sales. Mr. William Tryba was present at the meeting. The following letter was read from the Health Department: It has come to the attention of the Health and Building Departments via the Problem Properties Committee that an employee from Tryba Auto is keeping vehicles on their private residential property located at 28 Crawford Street. One any given day there are at least 3 unregistered newer vehicles at this location. These vehicles change quite frequently. Notices have been sent to the owner of this property who then removes the vehicles before the re-inspection date but then brings in different vehicles. We are respectfully requesting that the license committee look into this matter and do whatever is deemed necessary. Truly, Lisa Sanders, RS Director Mr. Tryba stated that this person on Crawford Street picks up cars for him and it has gotten out of hand. Councilor Zaskey asked if the person is licensed on Crawford Street. Mr. Tryba replied that he is not licensed. Mr. Tryba further stated that he was unaware of any issues until he received the letter to appear before the License Committee. Councilor Labrie stated that the problem came about after he received complaints because there are times that he has up to 6 vehicles on the property. The gentleman called him after receiving his first ticket. The person also stated to Councilor Labrie that he is allowed up to 6 unregistered vehicles on the property. Councilor Labrie informed him that he is not allowed 6 unregistered vehicles. Councilor Labrie further stated that he went by the Crawford Street property today and there are 2 or 3 cars there today along with a car carrier with a car on top. 3 Mr. Tryba stated that the person has been in the hospital and he stated those cars do not belong to Tryba. Councilor Labrie stated that he spoke with the gentleman and he was told that sometimes cars get dropped off in the middle of the night and he doesn’t even know that they are there. He further stated that he would like this matter cleaned up. Mr. Tryba stated that the person on Crawford Street is losing his house and will be moving. It was stated that the gentleman used to have a business in Holyoke. Councilor Laflamme asked if Mr. Tryba will continue to use this gentleman to pick up cars. Mr. Tryba replied that he will stop. Councilor Labrie stated that the gentleman has one of Tryba’s dealer plates. Councilor Walczak stated that the gentleman on Crawford Street needs to be told that there is no longer an affiliation with Tryba Auto Sales and any future cars that he poses will be addressed by the Police Department. Lisa Sanders stated that the Crawford Street matter can be brought into Housing Court by the Health Department. Motion made by Councilor Laflamme and second by Councilor Walczak to place on file. Committee vote 5 – 0 favorable. ITEM #5 2016 Class II License renewal for Bernie’s Auto Sales, 1057 Montgomery Street. Applicant Daniel Bernashe 165 Chicopee Street Granby, MA Councilor Zaskey stated that he spoke with Mr. Bernashe and was told that Mr. Bernashe’s son, who resides in Chicopee, will take over the business. An application has been filed for this change. Motion made by Councilor Laflamme and second by Councilor Walczak to extend the license until April 5th. Committee vote 5 – 0 favorable. ITEM #6 2016 Auto Detailing and Auto Repair License renewals for Mr. Clean Auto Detailing at 1057 Montgomery Street. Applicant Evelyn Roman 71 Blunt Rd Springfield, MA 01109 Councilor Zaskey stated this business is located on the same property as item #5 and was required to obtain a separate number. Mr. Bernashe informed Councilor Zaskey that the new address will be 1061 Montgomery Street. 4 Motion made by Councilor Laflamme and second by Councilor Walczak to amend the business address to 1061 Montgomery Street. Committee vote 5 – 0 favorable. Motion made by Councilor Laflamme and second by Councilor Walczak to take Item #11 out of order. Motion passed. ITEM #11 Application for an Auto Repair License for Kentco South, Inc. / Midas Auto Service located at 704 Memorial Drive. Applicant Kent Smith 25 Orchard Drive Queensbury, NY 12804 Richard Talard was present at the meeting. Councilor Zaskey stated that this business opened up without a license. 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 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. Planning Department: 275-58 B (21) Motor Vehicle Repair used in allowed by right. 275-40 (Parking and Loading) 2 ® Motor Vehicle Repair Parking 2 spaces per repair stall. This project requires 12 parking spaces – parking shall be laid out as shown on plan dated 2-22-16 revised 2-25-16 to accommodate access to service bays. 5 Restrictions Good housekeeping No outside storage No junk cars No outside repairs License holder must secure a Certificate of Occupancy prior to exercising the rights granted under this license. Total number of vehicles 18 (6 inside, 12 outside) Hours of Operation M-F 7:30 -6:30, Saturday 8 – 6, closed Sunday Must meet Fire Department requirements Motion made by Councilor Laflamme and second by Councilor Walczak to approve. Committee vote 5 – 0 favorable ITEM #7 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 Carl Dietz stated that when he visited the property today. There were 15 cars parked in the spaces where the Class II vehicles are supposed to the located. There was one vehicle with a dealer plate. There were 2 cars along the side of the building. There were 2 cars inside the shop being worked on; total of 20 vehicles on the property as of today. Councilor Krampits stated that after a good amount of effort this committee notified the license holder that he was able to sell 13 and he was told when to come pick up the new license. The City Clerk Office contacted him a week or two later to come pick up the license. Then at Councilor Krampits’ request since the license was not picked up the City Clerk’s Office sent a letter and the following morning the license was picked up. The restrictions on the license state that only 13 cars are allowed for sale. Councilor Krampits stated that he visited the site yesterday and a copy of the plot plan was given to the licensee at the last meeting. The plan is straight forward that only 6 cars are allowed in the front and 7 on the side. He further stated that at the last meeting there was discussion of the 2 employee parking spaces because the business was only to be allowed 11 cars. During Councilor Krampits’ inspection there were at least 8 cars in the front, 8 cars on the right hand side, 3 cars next to the building, a registered vehicle in the front and in the customer parking spot was another unregistered vehicle. Councilor Krampits stated that it’s still 7 cars over the amount allowed by the License. He further stated that the committee has been clear that the license limits the number of for sale vehicles to 13. He also stated that this matter has been going on for over six months now. The number seems to be going down but it’s taking a tremendous amount of effort. Councilor Krampits stated that he doesn’t know how else to explain it that the Class II license is only for 13 cars. The license holder asked for one month to clear up the matter. Councilor Krampits stated that as a good will gesture he is willing to let this matter go for another month. However, if after the month they come back in and the cars have not been 6 reduced then Councilor Krampits will make motions to start fining the business or suspending the license for a certain amount of days. He is will to continue the license with the previous restrictions which is 13 for sale. The license holder tried to explain that there is a Honda Civic on the property that was brought to the business without a plate. Unregistered vehicles should not be parked in the customer parking spaces. In the example of the Honda Civic if it’s waiting to be picked up unregistered it should be in the bay so that it’s not part of the count. Councilor Krampits stated again that the business is not allowed to have more than 13 cars for sale or unregistered cars in the front. Councilor Laflamme suggested that the committee give the license holder 30 days to remove the excess vehicles and have the property re-inspected by the Building Department. At that time if the business is still not in compliance than the committee can suspend or revoke. Building Commissioner to re-inspect the property on March 28th. Motion made by Councilor Laflamme and second by Councilor Krampits to extend the license with restrictions until April 5, 2016, must comply with 13 vehicles for sale, Building Department will inspect on March 28, 2016 and verify compliance. Committee vote 5 – 0 favorable. ITEM #8 BE IT ORDERED that Kanar Auto Sales, LLC, be called before the City of Chicopee License Committee and City Council to discuss the license currently held by Kanar Auto Sales, LLC, including compliance with restrictions imposed upon any all licenses held by Kanar Auto Sales, LLC. The City Council may modify, suspend, fine, or revoke any license held by Kanar Auto Sales, LLC. Councilor Krampits stated that this order allows the committee and Council to make changes to the licenses held by Kanar Auto Sales, LLC. Motion made by Councilor Krampits and second by Councilor Laflamme to amend the current license from 11 to 13 cars, extend license to April 5, 2016, Building Department will inspect on March 28, 2016. Committee vote 5 – 0 favorable. ITEM #9 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 Francis Federico, Don Davis, and Gary Lambert were present at the meeting. Carl Dietz stated that he inspected the property today and there were three cars in the back along the fence and three cars along the driveway on the side that were unregistered. There was a 7 registered vehicle along the door that looked like it was either just worked on or was going in for work. The place looked orderly. Carl stated that he had no issues with his site visit today. Councilor Krampits stated that he visited the property last night and the only thing that he saw was in the alley next to the garage itself there was an unregistered car in the alley and a pick up truck in front of that. Also in Federico’s space it looked like an Explorer with New Hampshire plates. Gary Lambert stated that it belongs to Kanar. Gary Lambert stated that there are 2-3 cars in the street daily that belong to Kanar. Councilor Krampits stated that since that last visit the property has been cleaned up. Mr. Federico stated that the one vehicle that was requested to be removed because it was an eyesore has been removed. Councilor Krampits stated that one of the issues is that there is no parking in the alleyway for emergency access to the property. Councilor Krampits stated that the last time Carl and him were at the property it was said that they are selling vehicles and that Mr. Federico was going to apply for a Class II license. To date that has not been done. He wasn’t sure if he is no longer selling cars or what has transpired. Mr. Federico stated that he has been trying to get this license for 15 months so he didn’t want to apply for another before this one was squared away. Councilor Krampits stated that they wanted him to get the process started because right now he’s selling cars without a license. Don Davis stated that Mr. Federico has a license in Palmer and he brings vehicles from Palmer to Chicopee because there is no repair facility in Palmer. Councilor Krampits stated that at the last site visit Mr. Federico stated that he is selling cars from this lot in Chicopee and the sign says Federico Sales and Service. Don Davis stated that at the last meeting they were told that they could temporarily park a car in the alley and that it wasn’t going to be an issue. Mr. Federico stated that all the vehicles in the alley are operable. Councilor Krampits stated that there are spaces on the side that could accommodate cars. Don Davis stated that the rear lot gets muddy and it’s difficult to park cars there. The alley is not utilized on the plan and it’s not something that the landlord or Fire Department want utilized. Mr. Federico stated that he will file for a Class II license once this matter is resolved. He does not want to spend money on advertising if he doesn’t know whether he will continue to have a repair license from month to month. Don Davis stated that he doesn’t understand how Kanar was able to continue with their violations when at the last meeting the license was going to be suspended and today they are given more time and they are awarded 2 more cars. Don Davis stated that there are cars on the property that are for sale but they are not sold in Chicopee. They belong to Affordable Used Cars in Palmer. Those cars are brought to Chicopee for repair and then they are returned to Palmer. Councilor Krampits stated that the sign for the business leads people to believe that they can purchase a car there. Don Davis stated that the sign can be changed. Councilor Laflamme stated that if Councilor Krampits reports to the committee that there is an issue at this business he will motion to revoke the license. The committee is done playing games with this location. Gary Lambert stated that the gray car that was supposed to be removed is still there. The committee informed him that he was told at the last meeting to call the Police. Councilor Krampits stated that as long as there is no parking in the alleyway he is more than willing to allow the license to go forward. 8 Councilor Laflamme suggested that the business put up signs that say “towed at owners expense.” He also suggested a breakaway gate be installed. Mr. Federico stated that if he gets a license he wants to do that. Councilor Zaskey read the current restrictions on the license into the record: Good housekeeping, no outside storage, no junk cars, no outside repairs, and parking for 13 cars, 7 inside and 6 outside. Councilor Laflamme stated that if the Fire Department in the future states that it’s fine with them that cars are parked in the alley then the matter can be revisited by the committee. But for right now there is to be no parking in the alley. Motion made by Councilor Laflamme and second by Councilor Krampits to approve the licenses to the end of the year with restrictions and no parking in alley. Committee vote 5 – 0 favorable. ITEM #10 BE IT ORDERED that Federico Sales and Service, be called before the City of Chicopee License Committee and City Council to discuss the license currently held by Federico Sales and Service, including compliance with restrictions imposed upon any all licenses held by Federico Sales and Service. The City Council may modify, suspend, fine, or revoke any license held by Federico Sales and Service. Motion made by Councilor Laflamme and second by Councilor Krampits to place on file. Committee vote 5 – 0 favorable. ITEM #12 Minutes – January 25, 2016 and February 3, 2016. Motion made to approve. Motion passed. Meeting adjourned at 8:00 PM. 9