City Council - License Committee

CHICOPEE CITY COUNCIL LICENSE COMMITTEE APPROVED 4-25-2016 License Committee Members William Zaskey, Chairman Fred Krampits, Vice Chairman Frank Laflamme Shane Brooks Stan Walczak MINUTES March 28, 2016 The following are the minutes of a public hearing held Monday, March 28, 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 Absent Walczak Also Present Dan Garvey (Associate City Solicitor), 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. Hearing none the meeting continued. ITEM #1 Application for a Junk Dealers License at 591 Memorial Drive. Applicant EcoATM, Inc. 1021 Barnes Canyon Rd San Diego, CA 92121 This portion of the meeting was conducted through a conference call. Hunter Bjorkman from EcoATM, Inc was on the phone representing the company. He stated that the kiosk that is being proposed will be located on a wall inside the WalMart store on Memorial Drive. The following reports were read: Planning & Conservation 1 Per e-mail from Christine Abernathy at ecoATM; the proposed kiosk will be located inside the WalMart facility. No concerns if the kiosk is within an existing structure. Police Department No issues, actually a very good and successful program Fire Department No concerns Health Department No concerns at this time Engineering Department Exact location of unit not shown otherwise no Engineering comments. Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 4 – 0 favorable. ITEM #2 Application for an alteration of a Class II License. Change principal on license to Douglas Bernashe, 672 Britton Street, Chicopee, MA 01020 – Bernie’s Auto Sales. Applicant Daniel Bernashe 165 Chicopee Street Granby, MA 01033 Mr. Bernashe was not present at the meeting. Motion made by Councilor Krampits and second by Councilor Brooks to postpone to the call of the chair. Motion passed. Motion made to remove item from postponement. Motion passed. Motion made by Councilor Laflamme and second Councilor Zaskey to continue the license until May 17, 2016. The current license must include number of cars and a plot plan must be provided for the property. Committee vote 4 – 0 favorable. ITEM #3 Application for a change of address for Junk Dealers License from 874 Front Street to 200 Exchange Street for Giguere’s Appliances. Applicant Richard Lauzon 200 Exchange Street Chicopee, MA 01013 Mr. Lauzon was present at the meeting. He stated that they have relocated to this new location and he was informed that he needed to apply for a change of address for his current license. 2 The committee reviewed the restrictions on the license. The committee voted to delete the following restrictions from the license: Dumpster (if necessary) be placed behind stockade fence and secured when business is closed and old abandoned sign be removed from corner of property. Motion made by Councilor Laflamme and second by Councilor Krampits to approve with new restrictions. Committee vote 4 – 0 favorable. ITEM #4 Application for a Class II License for D & B Auto Sales and Service, LLC located at 395 Broadway. Applicant Donny Adorno 113 Somers Road Hampden, MA 01036 Donny Adorno was present at the meeting. He stated that he would like to sell used cars and do small engine repairs. The following reports were read: Fire Department: Applicant is expected to read, understand and abide by all applicable codes and regulations. 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 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 parking against the structure 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 equivalent of 40 B:C. The number of extinguishers required will be determined at a later date. [527 CMR 5.09(8)] 9. Spray paint 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: 3 Parking spaces shown encroach on city right-of-way on both Broadway and St. James Ave. New layout needed. Verify the need for handicap space show spaces may not be included in parking lot total. Lots under 15 spaces do not require handicap parking per architectural access board. Planning Department: Property is zoned Business A, use is allowed under 275-58 (B) (2) (3) + (4) . Reuse if an existing property that had a similar past use. Plan details adequate parking for use. Confirm adequate access for police and fire emergency. Recommend approval. The committee removed the following parking spaces from the plan submitted with the application: #18, 19, 9, 10, 11, 1. 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 cars 13 Class II 10 for sale (total 13) 2 customer, 1 employee Hours of Operation M-F 9 AM – 5 PM, Saturday 9 AM – 2 PM, closed Sunday Stripe 5’ sidewalk right of way Motion made by Councilor Krampits and second by Councilor Brooks to approve with restrictions. Committee vote 4 – 0 favorable. ITEM #5 Application for an Auto Repair License for D & B Auto Sales and Service, LLC located at 395 Broadway. Applicant Donny Adorno 113 Somers Road Hampden, MA 01036 Same restrictions as on Class II License and same parking plan as for Class II License 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 cars 13 Class II 10 for sale (total 13) 2 customer, 1 employee Hours of Operation M-F 9 AM – 5 PM, Saturday 9 AM – 2 PM, closed Sunday Stripe 5’ sidewalk right of way 4 Motion made by Councilor Krampits and second by Councilor Brooks to approve with restrictions. Committee vote 4 – 0 favorable. ITEM #6 Application for an Auto Detailing License for D & B Auto Sales and Service, LLC located at 395 Broadway. Applicant Donny Adorno 113 Somers Road Hampden, MA 01036 Same restrictions as on Class II License and same parking plan as for Class II License 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 cars 13 Class II 10 for sale (total 13) 2 customer, 1 employee Hours of Operation M-F 9 AM – 5 PM, Saturday 9 AM – 2 PM, closed Sunday Stripe 5’ sidewalk right of way Motion made by Councilor Krampits and second by Councilor Brooks to approve with restrictions. Committee vote 4 – 0 favorable. ITEM #7 Application for an Auto Repair License for Kin’s Auto Glass & Repair located at 628 Center Street. Applicant Joaquin Rodriquez 41 Woodside Terrace Springfield, MA Mr. Rodriguez, his attorney Stewart Weisman, and court interpreter Gabriel Ravina were present at the meeting. Attorney Weisman stated that this is a resubmission of an application that come before the Council a few months ago. An issue that was raised with the first application was the egress out of the building. The applicant and his attorney have met with the Engineering Department and have worked out a solution to the problem. Cars will enter the building through the northern bay door and exit the building through the middle bay. The cars will not need to back out onto Center Street but will be able to turn around in the building. As was suggested at the last meeting mirrors have been installed for safety purposes. Mr. Rodriquez will perform window 5 repair work by appointment and the repairs will be paid by insurance. There will be approximately 2 – 8 cars per day at the business needed repairs. Reports were read from the following departments: Fire Department Applicant is expected to read, understand and abide by all applicable codes and regulations: 1. The business shall comply with Massachusetts Board of Fire Prevention Regulations: 527 CMR 5.00 Operation and Maitenance of Buildings Used for Garages; 527 CMR 9.00 Tanks and Containers (Waste Oil Storgae); 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. Engineering Department Concessions have been made by applicant to address vehicles backing out onto Center Street. Vehicles will be turned around internally and driven out front first. All Engineering comments addressed. Planning Department Property is zoned industrial, auto repair is allowed in industrial zones. Parking requirement = two spaces per repair stall 275-40 (N) (2) (r) parking requirement met via spaces in an adjacent lot through flexible parking agreement approved via Special Permit. Per 275-40 (H) (2) vehicles are prohibited from backing out of the property onto Center Street – site conditions make this a concern. Carl Dietz stated that the applicant will need to apply for a Certificate of Occupancy from the Building Department before opening and any permits to do work on the building. Mr. Rodriguez stated that he is utilizing this building right now for storage because he is working somewhere else. 6 Councilor Brooks stated that he has concerns about the location of this business. This is a very high traffic area and he is concerned about the impact this addition to this location will have on the existing area. Councilor Brooks stated that there is a traffic control agreement signed between the City and the state regarding signage for this area and it does not appear to be fully executed and with additional signage it may clear up the congestion at this location. Attorney Weisman stated that this is will be a low volume use. It’s not a business that cars are coming in and out all day long and it’s by appointment only. Councilor Brooks further stated that the committee has had an opportunity to meet the applicant several times now and the committee will be considering all the factors and he has some reservations. Some of the challenges historically that exist not only with traffic but with some other areas of the application specifically the CORI. He further stated that part of the license process allows the committee to evaluate the suitability of the applicant. Attorney Weisman stated that he believes this has already been addressed. Councilor Brooks stated that it was addressed as in so far as it was acknowledged. Attorney Weisman stated that he has not seen the CORI but understands from the previous attorney representing Mr. Rodriquez that there are no convictions only cases that were dismissed. Attorney Weisman stated the Mr. Rodriquez owned a business in Springfield for over 12 years without any complaints. Councilor Laflamme stated that the mirrors need to be verified by Carl Dietz for safety issues. He further stated that he is concerned for safety in this area and pedestrians on the sidewalk. 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 3 inside Hours of operation Monday – Saturday 9 – 6 , closed Sunday Special Permit – parking 8 vehicles across street Motion made by Councilor Krampits and second by Councilor Laflamme to approve with restrictions. Committee vote 3 favorable 1 unfavorable – voting in favor: Laflamme, Krampits, Zaskey, voting unfavorable – Brooks Motion made by Councilor Laflamme and second by Councilor Krampits to take number 9 out of order. Motion passed. ITEM #9 Application for a Junk Dealers License for Yesterday’s Treasurers located at 108 West Street to buy and sell 2nd hand household items. 7 Applicant Margarita Plagakis 6 Abbey Street Chicopee, MA 01013 Ms. Plagakis was present at the meeting and she requested to withdraw this application. Motion made by Councilor Laflamme and second by Councilor Krampits to approve the withdraw. Committee vote 4 - 0 favorable to withdraw 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(s) currently held by Kanar Auto Sales, LLC, including compliance with restrictions imposed upon any and 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. License holder was present at the meeting. Carl Dietz stated that he visited the property on March 23rd and saw 12 cars on-site and the property looked in compliance. Councilor Krampits stated that when he drove by the property this past Sunday he saw 14 cars and today there were 13 cars and everything looked good. The committee placed the following new restrictions on the license along with new plot plans. Restrictions: Good housekeeping No outside storage No junk cars No outside repairs Total of 17 cars. 15 cars outside consisting of: 13 for sale (2 of which are used by employees with dealer plates); 2 customer parking (1 of which is handicap), 2 cars parked outside Hours of Operation Monday – Friday 9 AM – 7 PM, Saturday 9 AM – 4 PM, closed Sunday Meet Fire Department regulations No loud music Attached plot plan Motion made by Councilor Laflamme and second by Councilor Krampits to approve with new restrictions. Committee vote 4 – 0 favorable. ITEM #10 Minutes – February 29, 2016. Motion made to approve. Motion passed. Dan Garvey discussed with the committee the licenses pulled by the City Clerk’s Office that have irregularities in the restriction portion of the license. The committee would like Dan to 8 draft letters to those license holders asking them to submit whatever the missing component is in the license by June 30th and then the committee can hold hearings if need in October, November, and December before the licenses expire. Meeting adjourned at 8:03 PM. 9