City Council - License Committee

CHICOPEE CITY COUNCIL LICENSE COMMITTEE APPROVED 8-29-2016 License Committee Members William Zaskey, Chairman Fred Krampits, Vice Chairman Frank Laflamme Shane Brooks Stan Walczak MINUTES July 25, 2016 The following are the minutes of a public hearing held Monday, July 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, Brooks, Laflamme, Walczak Also Present Dan Garvey (Associate City Solicitor), Carl Dietz (Building Commissioner), Councilor Courchesne, Mark Galarneau (Captain Fire Prevention), Jay Croteau (Maintenance Director) 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 Application for a Storage License for City of Chicopee located at 80 & 110 Church St., for 6,000 aboveground & 10,000 underground gallons; types of fluid stored-gasoline, diesel fuel, hydraulic fluid, waste and motor oil. Applicant City of Chicopee Jean J. Croteau, Jr., City Messenger 17 Springfield St. Chicopee, MA 01013 Jean J. Croteau was present he stated this is just to legalize what’s already happened with the underground storage tanks. We had underground tanks that were problems. We have less underground and more above ground now. Jean J. Croteau distributed a sheet listing all flammable liquids on site. Councilor Laflamme motion to approve – Councilor Walczak 2nd the motion – motion passed Committee vote 5 – 0 favorable 1 ITEM #2 Application for a Storage License for Songo Realty located at 451 Grattan St., for 24,000 underground gallons of gasoline & diesel. Applicant Robert W. Johnson, Jr. 25 Valentine Ter., Agawam, MA 01001 Applicant was present Steve Lambortini with Service Station Equipment, 20 Murphy Road, North Franklin, Ct was present. He stated they have been doing the work on site. Robert Johnson stated that they will be removing three (3) eight thousand gallon gasoline tanks that are single walled and installing two (2) twelve thousand gallon tanks. One of them will be split to handle “super and Diesel”. We will be re-piping and putting in new pumps, islands and replacing all the concrete and tar. We are currently operating a convenience store. Councilor Laflamme stated will the islands stay the same direction. Robert Johnson stated that everything is going to be exactly as it is now. Councilor Laflamme motion to approve – Councilor Krampits 2nd the motion – motion passed Committee vote 5 – 0 favorable Department recommendations Fire Department 1. The business shall comply with the following Board of Fire Prevention Regulations: 527 CMR 5.00 Operation and Maintenance of Buildings or Other Structures Used as Garages, Service Stations and the Related Storage, Keeping and Use of Gasoline or Other Motor Fuel; 527 CMR 5.08(5) The Dispensing of Motor Fuel By Means of Self Service Mode; 527 CMR 9.00 Tanks and Containers; 527 CMR 10.00 Prevention of Fires in Buildings; 527 CMR 14.00 Storage of Flammable Liquids and Gases. 2. Applicant will be required to obtain all necessary licenses and 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 Cod. [780 CMR 419.2.3]. 4. Applicant shall adhere to applicable sections of NFPA 30A. 5. Maintain access for Emergency Vehicles. 6. Approved Fire Lanes shall be marked and maintained as required. 7. Fire extinguishers are required. All extinguishers must be rated at a minimum of 10 B:C. The number of extinguishers required will be determined at a later date. [527 CMR 5.09(8)]. 8. Proper address numbering per Code of City of Chicopee. 9. All permits, licenses and inspections shall be completed prior to conducting business. Planning Department Revised plan Property is zoned Business A; use is allowed/permitted under 275-58(B)(3). Project entails replacement of existing underground storage tanks – use is existing. 2 Recommend approval with the condition that an as-built plan detailing the final size and location of the new underground storage tanks be submitted to the city for the license record. Committee vote 5 – 0 favorable ITEM #3 Application for a Service Station License for Robert W. Johnson at 451 Grattan Street. Applicant Robert . Johnson, Jr. 25 Valentine Ter., Agawam, MA 01001 Committee vote 5 – 0 favorable Councilor Laflamme motion to table to the call of the chair until applicants representation is present – motion passed Councilor Laflamme motion to place the item back on the floor – motion passed ITEM #4 BE IT ORDERED THAT A Motion to Rescind the Decision of the Chicopee City Council Order Denying the License Application submitted by Joaquin Rodriguez for a Repair licenses pursuant of Ch. 188 Sec. 16 for the premises located at 628 Center Street. BE IT FURTHER ORDERED that said application be referred to the License Committee for a public hearing. Application for an Auto Repair License for Kin’s Auto Glass located at 628 Center Street. Applicant Joaquin Rodriguez 41 Woodside Terrace Springfield, MA 01108 Applicant was present he stated that his Lawyer is on his way but he will be a little late. Councilor Brooks stated that at the last meeting there was an issue with translation and I feel more comfortable if his representation was present. Joaquin Rodriguez stated that his lawyer will not be present at tonight’s meeting. Councilor Brooks stated that the applicant appeared with representation at the last meeting and the representative has suddenly become unavailable. Councilor Zaskey stated that we will postpone this meeting until the next meeting is available. When the next meeting is scheduled we will bring you forward again but you need to have your representative present. Councilor Krampits motion to postpone to the call of the chair – Councilor Brooks 2nd the motion – motion passed. ITEM #5 Postponed June 27, 2016 3 BE IT ORDERED THAT Chet’s Auto Repair, LLC, of 11 Florence Street, Chicopee, Massachusetts appear before the License Committee along with their required site plan. Said site plan shall be submitted to the Office of the City Council on or before June 3, 2016. Councilor Zaskey stated that the applicant is having problems with the surveyor preparing the plot plan for him and is in the process of hiring another one but is finding that they are all booked. He has a license to operate and if we could entertain a motion to require him to present the plot plan with his new application for 2017. Councilor Laflamme stated that he never had a plot plan and was operating for years. Councilor Brooks stated a plot plan is required. Councilor Laflamme motion to submit plan with the 2017 application – motion passed. Committee vote 5 – 0 favorable ITEM #6 Postponed for 60 days on May 23, 2016 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. Councilor Zaskey stated that a new plot plan has not been submitted. George Bruso stated that he never had to do this before and he wasn’t aware that the rules had been changed. Councilor Laflamme stated that we as a committee decided to change this to make it better for everyone and everyone has to meet the same standards. In order for the Building Commissioner to enforce the plot plan he needs to know the exact size. Councilor Brooks stated that you need an adequate plan to identify twenty three spots that you have currently. We need a valid site plan and you have to apply for an increase. Your plan needs to be stamped and modified that addresses all three licenses or we won’t even entertain granting an additional license. Councilor Laflamme stated we need to put this on hold to give him the opportunity to give us a stamped plan. Councilor Walczak stated we want to make sure your new plot plan reflects what’s on your license presently. Councilor Laflamme suggested that he re-do the plan but a stamp is not required by a surveyor because he’s going to apply for a class II then he will need a surveyor stamp. You need to submit the revised plan to the City Council within (30) days. Revise plot plan (total of twenty three vehicles) both licenses Planning Department review Return to Council office within (30) days Committee vote 5 – 0 favorable ITEM #7 Minutes – June 27, 2016 Motion made by Councilor Laflamme and second by Councilor Zaskey to approve. Motion passed. Meeting adjourned at 7:36 PM. 4