City Council - License Committee

CHICOPEE CITY COUNCIL LICENSE COMMITTEE APPROVED 5-23-2016 License Committee Members William Zaskey, Chairman Fred Krampits, Vice Chairman Frank Laflamme Shane Brooks Stan Walczak MINUTES April 25, 2016 The following are the minutes of a public hearing held Monday, April 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, Walczak Absent Brooks 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 an alteration of Class II License to change principal on license to Douglas Bernashe, 672 Britton Street, Chicopee, MA 01020. 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 Laflamme to postpone to the call of the chair. Motion passed. Motion made by Councilor Laflamme and second by Councilor Zaskey to place item back on the floor. Motion passed. Daniel & Doug Bernashe were present at the meeting. Doug Bernashe will be the license holder because Daniel is not a city resident and he does not wish to become incorporated. 1 Mr. Bernashe stated that he rents out space to a detailing business at this location also. He operates the gas station and has a Class II license. He parks his vehicles to the right of the building. Mr. Bernashe was not aware that Mr. Clean obtained an Auto Repair license. The license should be reviewed in 60 days with a new plot plan, number of vehicles, hours of operation. Review again June 27, 2016. Mr. Daniel Bernashe stated that a plot plan is on file when he first applied for the license. Motion made by Councilor Laflamme and second by Councilor Zaskey to accept the name change. Committee vote 4 – 0 favorable. ITEM #2 Application for an Auto Detailing License for Mass Detailing, LLC located at 451 Memorial Drive. Applicant Marcus Navarro 260 Garvey Drive Springfield, MA 01109 Michael Burgda, property owner, and Marcus Navarro were present at the meeting. Mr. Navarro will be operating a detailing and window tinting business at this location. This is a strip mall where Monroe Muffler and Enterprise Rent a Car is currently operating at this strip mall. Mr. Narvarro will be leasing the last portion of the building where Eagle Speed was located before. Mr. Burgda stated that Enterprise is currently storing their vehicles in the 10 parking spaces that Mr. Navarro will utilize. Enterprise is moving these vehicles to 70 Fuller Road. Mr. Narvarro anticipates 5-10 cars per day. Reports read from the following departments: Planning & Conservation: Property is zoned Business A; use is permitted within this zone. (275-58 (B) (21) ), building is currently being utilized for auto related services. Adequate parking provided per submitted site plan. Recommend approval. Engineering: The Engineering Department will need to see a clearer sketch showing which bays in this building will be occupied. Enterprise is using #451, our records show Monroe’s #451, Enterprise # 453, Eagle Speed #455. In the application there is a sheet labled “Exhibit A” need some clarification regarding the proposal structure. 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 2  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. Proper address numbering as required in Code of the City of Chicopee 11. Dumpsters shall be located at least 25’ away from building. The committee stated that at the recommendation of the Engineering Department the address needs to be amended to 455 Memorial Drive. 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 14 (4 inside, 10 outside, 2 employee), hours of operation M-Saturday 9 AM – 8 PM, closed Sunday. Amend address to 455 Memorial Drive. Motion made by Councilor Laflamme and second by Councilor Zaskey to approve with restrictions. Committee vote 4 – 0 favorable. ITEM #3 BE IT ORDERED THAT Matta Brothers Service Station, Inc., d/b/a Chicopee Auto Center, be called in for a public hearing for the possible revocation of its current license(s) as a result of the Licensee losing the lease to the license premise located at 395 Broadway Street, Chicopee, Massachusetts. The Council may revoke all license(s) held by Matta Brothers Service Station, Inc., d/b/a Chicopee Auto Center. The following letter was read: Ramez Matta Matta Brothers Service Station, Inc. 22 Pomeroy Street Wilbraham, MA 01095 April 20, 2016 Dear Chicopee City Council: 3 This letter is to certify that Matta Brothers Service Station, Inc. Is no longer doing business as Chicopee Auto Center at 395 Broadway, Chicopee, MA 01020 and further certifies that Matta brothers is surrendering all of its Business Licenses pertaining to 395 Broadway that were acquired from the City of Chicopee. Sincerely, Ramez Matta President Motion made by Councilor Krampits and second by Councilor Walczak to accept the surrender of all applicable licenses. Committee vote 4 – 0 favorable. ITEM #4 ORDERED THAT Pioneer Auto Sales be called before the City of Chicopee License Committee and City Council to discuss the license (s) currently held by Pioneer Auto Sales, including compliance with restrictions imposed upon any licenses held by Pioneer Auto Sales. The Council may modify, suspend, fine, or revoke any license held by Pioneer Auto Sales. David Desmarais and Peter White were present at the meeting. Carl Dietz stated that he visited the property and spoke with the license holder and left a photo of the property lines. When he inspected the property there was no progress in moving the vehicles within the property lines. Mr. Desmarais stated that he has moved the cars back the other day as requested. Councilor Walczak stated that the cars have been moved. He stated that pedestrians walking cannot utilize the sidewalk because cars are parked in that area. Councilor Zaskey asked how many vehicles are for sale. Mr. Desmarais stated that he does not have a restriction as to the number of vehicles permitted. Councilor Zaskey stated that is something that will be required. Mr. Desmarais stated that his father opened the business in 1959 and there have never been restrictions. Councilor Walczak stated that a plot plan will be required for this business. At one point Councilor Walczak counted 38-40 vehicles on the property. He further stated that according to the license there are not supposed to be any inoperable vehicles. He stated that there are some vehicles with broken windshields, steering columns missing, busted front ends, and cracked bumpers. Mr. Desmarais stated that he purchases cars from insurance companies and getting them repaired and selling them as reconstructed vehicles. The vehicles are dropped off by tractor trailer from the insurance company and when the body shop is ready the vehicle is towed there. Councilor Walczak stated that there are stored tires, rims, and other car parts which is against Fire Department regulations. Councilor Walczak stated that a plot plan will be required for the business, the hours of operation, and number of vehicles. Councilor Krampits stated that Mr. Desmarais should speak with Lee Pouliot regarding drawing the plot plan. 4 Motion made by Councilor Laflamme and second by Councilor Walczak to review the license in 60 days. June 27, 2016. Motion made by Councilor Laflamme and second by Councilor Walczak to postpone. Motion passed. ITEM #5 Minutes – March 28, 2016. Motion made to approve. Motion passed. Meeting adjourned at 7:15 PM. 5