City Council - License Committee

CHICOPEE CITY COUNCIL LICENSE COMMITTEE APPROVED 6-27-2016 License Committee Members William Zaskey, Chairman Fred Krampits, Vice Chairman Frank Laflamme Shane Brooks Stan Walczak MINUTES May 23, 2016 The following are the minutes of a public hearing held Monday, May 23, 2016 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Krampits, Laflamme, Brooks Walczak Absent Zaskey Also Present Dan Garvey (Associate City Solicitor), Carl Dietz (Building Commissioner), Councilor Vieau, Councilor Courchesne, Councilor Tillotson, Councilor Labrie, Captain Mark Galarneau The meeting was called to order at 6:30 PM In compliance with the Open Meeting Law the Vice Chairman asked if anyone in the audience was recording the meeting. Hearing none the meeting continued. ITEM #1 2016 Junk Collector’s License renewal for Kane Scrap Metal & Iron located at 184 East Meadow Street. Applicant Patrick Kane 63 Hastings Street Springfield, MA 01104 Patrick Kane and his attorney John Gallagher were present along with Steward Papianou (25 Chester Street). Vice Chairman Krampits read the following letter from Carl Dietz: May 2, 2016 1 Dear President Vieau: With regard to recent concerns raised about the operation at Kane Scrap Metal & Iron, I have made multiple site visits to the Site located at 165-184 East Meadow Street to assess the impact the operation has on residents of Chester Street. As part of my investigation, I met with and toured the property of Stewart Papianou at 25 Chester Street. Initially, I thought there was limited if any impact on residents of Chester Street. During my time at Mr. Papianou’s property there did seem to be some kind of shock wave that did hit the structure. It did not seem to shake the structure but it did sound as though it echo off of the structure. I cannot confirm causation of the “soundwave”, but it does not seem unreasonable to conclude that it originates from the crushing operation at Kane Scrap Metal and Iron. Mr. Papiano has asked me to review the license and determine what if any conditions are not currently met. He also thinks that moving the crushing operation away from the rail road ROW may help. It is my recommendation that Kane Scrap Metal either move the crushing operation to a different location, away from the railroad ROW to erect a fence to the height of the crushing machine along the railroad ROW that would return to a point beyond the railroad underpass opening. Chapter 188-7 of the City Code titled Junk Collectors’ and Pawnshop licenses requires junkyards to be entirely enclosed with a fence eight feet in height. The ordinance also permits the Council to waive the fence requirement in Section 7.1(C). The Council may also impose other reasonable restrictions as outlined in Section 7.1(E). It would be my opinion that extending the fence requirement to 12 feet in height from the north side of the crusher south and east along the railroad and MassDOT ROW, to a point beyond the railroad underpass opening would be reasonable restriction. Based on the photo included, it also appears that the operation has expanded into both the railroad and MassDOT ROWs. The fence will help prevent expansion of operations beyond the property line. Please feel free to contact me with any questions or concerns regarding this situation. Sincerely, Carl Dietz Building Commissioner Carl Dietz stated that he has visited the site several times and there does seem to be some type of “shock wave” going through the underpass. Mr. Papianou (25 Chester Street) stated that “the vibrations caused when Kane Scrap Metal & Iron conduct their business is unreasonable. The noise level varies greatly but is often too loud to enjoy the backyard or open the windows in the back of the house. The vibrations also vary greatly at times and at times my house feels like it has dropped half an inch. These vibrations are completely unreasonable and have caused the following problems: deny all the residents that live at 21, 23, and 25 Chester Street their right to quality of life. They have damaged my home including broken 3 sliding glass windows, cracked foundation, my brick front becoming detached and pulling away from the house and multiple cracked ceilings. Health issues: the 2 stress caused by the vibrations is nothing short of torture for me and has been detrimental to my health. I have recently become disabled and truly believe that the stress that I have endured from this issue has been instrumental in my becoming disabled. When the whole house simultaneously shakes and cracks and as if it has been dropped half and inch it scares the hell out of me. This locks me into a fight or flight psychological response prohibits me from relaxing in my own home. My doctor has informed me that my stress hormone cortisol is too high and I need to relax. But I cannot do so in this environment of noise and vibration. I often have to go for a walk or find something to do to get out of the house. Imagine having a migraine headache or feeling ill and having no place to go for peace and quiet or imagine having to get up out of bed each day often at 7 AM only because your bed starts shaking. Rental property issue: every time I show an apartment to a prospective tenant I always mention that Kane Scrap is on the other side of the hill and when they operate the crusher noise and the house shaking occur. I believe this information has deterred people from wanting to live here and I have lost perspective tenants. I have to set the rental amount below market value to compensate for this nuisance and to persuade tenants to tolerate the conditions. Therefore the environment caused by Kane Scrap conducting their business causes loss of income to me. The residents that live here deserve and have a right to quality of life. I need to get well. I would like to ask Mr. Kane if he would be willing to make changes to the way he conducts his business such as relocating the crusher away from my property so that everyone can co-exist and live in a healthy environment with quality of life….” “I have all the people that live on the property here today if anyone wants to ask them any questions. I’m sure they will verify what I’m telling you.” Suzanne Papianiou, 25 Chester Street, stated that what her husband said is true. Attorney Gallagher stated that Mr. Kane and his family have operated this business for more than 30 years at this location. The operation of the business has not changed until recently when Mr. Papianou expressed concerns of noise. The hours of operation have changed. It appears that the shear is the machine that has been making the noise. He further stated that it is not a gentle operation. The hours of operation have been changed from 6 AM to 7 AM because of the request to change. It is shut down for lunch and turned off completely at 3:30 PM. Mr. Kane has tried to address some of the noise complaints that have been raised by Mr. Papianou. Mr. Kane is attempting to find out the cost of raising the level of fencing to help reduce some of the sound waves that may be creating the situation that has been described. Mr. Kane stated that he has contacted Commonwealth Guardrail to come and measure the area and provide a cost estimate for a sound barrier fence such as those that are on the highway. Councilor Brooks questioned those residents are Chatham and Wilson because of the proximity. They would be more closely aligned to the business in comparison to Chester Street. Would like to hear from neighbors what the impact is or isn’t to see how the sound is traveling a longer distance. He further stated that he is not discounting what Mr. Papianou stated. He also stated that it would seem that the Council would have heard complaints from other residents. Councilor Krampits read the following restrictions that are on the Junk Collector’s License held by Kane Scrap Metal & Iron: 184 East Meadow Street – buffer zone of 3’ to be created between day care center and junk operation, all business activity to be conducted on the property, barrier to be erected, no material to be higher than the barrier, hours of operation M-F 6 AM – 4 PM, Sat. 6 AM – 12 Noon, Sunday none. 3 164 East Meadow Street – Enclose the area with a fence, keep piles of junk low enough so they are not seen from the highway – 20 feet, good housekeeping, hours of operation M-F 6 AM – 4 PM, Sat. 6 AM – 12 Noon, Sunday none. The requirements of 188-25 must be followed effective May 7, 2013. Captain Galarneau stated that the Fire Department went out to this property a few years ago to investigate a piece of metal that landed in Mr. Papianou’s yard. The issue was addressed by Mr. Kane and it was a rare occurrence. Councilor Walczak asked about the hours of operation of the shear machine and then asked Mr. Papianou if there was a particular time that he heard the noise. Councilor Vieau stated that he has visited both properties. He has contacted Representative Finn to request that the state install a sound barrier between the underpass and Chester Street. Councilor Tillotson stated that he wants to make certain that Kane Scrap Metal & Iron follows the restrictions that have been placed on his license. The property that the business is located is zoned Industrial and he has a lot of rights under that zone. Councilor Brooks stated that the hours of operation and the hours of noise need to be distinguished. Additional Restrictions to be added to the license: Hours of Noise Operation M- F 7 AM – 4 PM, Saturday 7 AM – 12 PM, install a barrier (like on the Mass Turnpike) from machine to corner of underpass to occur within 60 days, continue existing restrictions. Motion made by Councilor Laflamme and second by Councilor Walczak to approve with restrictions. Committee vote 4 – 0 favorable. ITEM #2 BE IT ORDERED that Top Dog Auto be called before the City of Chicopee License Committee and City Council to discuss the license(s) currently held by Top Dog Auto, including compliance with restrictions imposed upon any and all licenses held by Top Dog Auto. The City Council may modify, suspend, fine, or revoke any license held by Top Dog Auto. Mr. George Bruso, license holder, was present at the meeting. Current restrictions on the licenses read. Councilor Courchesne stated that there are 21 unregistered vehicles in the rear. There are visible violations of restrictions. Mr. Bruso stated that he does a lot of work for insurance companies. His trucks do not fit inside the garage. He further stated that when he works on his trucks he makes certain that the truck is put back together before he leaves for the night. He also stated that the building is for his trucks. Mr. Bruso also stated that his repair business has picked up tremendously. 4 Carl Dietz stated that he has inspected and found the following: painting in the garage, exterior repairs, and questioned whether business vehicles are inclusive or exclusive of the total of 14. Michael Robare, 235 Meadow Street, stated that residents in their 70s are having a hard time seeing oncoming vehicles while trying to exit onto Meadow Street. Because of the tow trucks parked in this area they are prohibiting drivers to safely exit the street. Mr. Bruso must prepare a plot plan drawn to scale depicting cars for repair and Class III vehicles and their parking locations on the property. This plot plan must be submitted within 60 days. Motion made by Councilor Laflamme and second by Councilor Brooks to postpone for 60 days and Mr. Bruso to provide a plot plan. Motion passed. ITEM #3 2016 Junk Dealers License renewal at 450 New Ludlow Road for Vanguard Consignment House. Applicant Ronald R. Barthelette 26 Kimberly Drive South Hadley, MA 01075 Mr. Ronald R. Barthelette was present at the meeting. Mr. Barthelette stated that he has a 0 balance of owed money to customers and right now he has about 40% of purchased items instead of consigning. The committee reviewed the current restrictions on the license. New restrictions: Building A & B Include requirements of 188-25 (Records Retention) Supply standard operating procedures Set up escrow account for money due to furniture consignors. Motion made by Councilor Walczak and second by Councilor Laflamme to delete existing and add the new restrictions. Committee vote 4 – 0 favorable. ITEM #4 Minutes – April 25, 2016 Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Motion passed. Meeting adjourned at 7:59 PM. 5