City Council - License Committee

City of Chicopee License Committee Approved 9-26-2016 Members William Zaskey, Chair Fred Krampits, Vice Chair Frank Laflamme Shane Brooks Stan Walczak MINUTES August 29, 2016 The following are the minutes of a public hearing held Monday, August 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, Brooks, Laflamme, Walczak Also Present Dan Garvey (Associate City Solicitor), Carl Dietz (Building Commissioner), Councilor Courchesne 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 & 2 Application for a Class II License for Rondina Acquisitions, Corp., located at 640 Springfield Street. Applicant David Rondina 32 Upland Rd Leeds, MA 01053 Application for an Auto Repair License for Rondina Acquisitions, Corp., located at 640 Springfield Street. Applicant David Rondina 32 Upland Rd Leeds, MA 01053 David Rondina and the property owner were present at the meeting. Mr. Rondina stated that he is purchasing the property. Reports read from the following departments: 1 Engineering According to City records, the property line is misrepresented on the plan. This affects the proposed parking layout. H.C. parking requires a 5’ wide min. access aisle. Angled parking is generally for a one- way traffic pattern. Planning Property is zoned Business A; use is permitted (275-58 (B) (4) & (21) Parking requirements: 5 repair bays x 2 parking spaces = 10 spaces Concerns parking on west side of building is not accessible Parking on north side of building is not accessible Drive aisles need to be minimum of 13’ for one-way traffic & 24’ for two way traffic Accessory of property lines and historic evidence of use extending beyond the property line Recommend confirmation of property boundaries and reworking of parking and circulation to meet city requirements under 275-40. The current business owner said that he has always utilized the property as proposed by the applicant. Mr. Rondina stated that he has met with Lee Pouliot several times and these issues were never raised. Mr. Rondina is to meet with Lee Pouliot to address the property line concerns. Motion made by Councilor Laflamme and second by Councilor Zaskey to postpone until the next meeting scheduled for September 26, 2016. Motion passed. ITEM #3 ORDERED THAT Tito’s Auto Sales, Inc. be called before the City of Chicopee License Committee and City Council to discuss the license (s) currently held by Tito’s Auto Sales, Inc., including compliance with restrictions imposed upon any licenses held by Tito’s Auto Sales, Inc. The Council may modify, suspend, fine, or revoke any license held by Tito’s Auto Sales, Inc. License holder was not present. Motion made by Councilor Krampits and second by Councilor Zaskey to postpone to the end of the meeting. Motion passed. Motion made by Councilor Krampits to place the item back on the floor. Motion passed. Councilor Laflamme stated that he has received numerous complaints that the business is operating after hours. The police have been called. Councilor Laflamme would like to receive the police reports for the next meeting. Motion made by Councilor Walczak and second by Councilor Krampits to postpone to the next meeting, that a certified letter be sent notifying the license holder that this is the second notice requiring his presence at the next meeting and that there is the potential for the licenses to be suspended or revoked. Motion passed. ITEM #4 BE IT ORDERED THAT Bernie’s Auto Sales, of 1057 Montgomery Street, Chicopee, Massachusetts appear before the License Committee along with their required site plan. Mr. Bernashe was present at the meeting. He presented the committee a revised plan as requested. 2 Reports read from the following departments: Engineering Will the parking spaces be striped? HC space must be clearly marked with striping and signage Planning Property zoned Business A; use is permitted (275-58 (21)) Aerial imagery shows a potential of site use moving off the property to a Residential A zoned parcel (northwest side of the property) Retaining wall location may not be accurate on plan Would need a zone change or Special Permit for parking on residential property (to northwest) Screen needed on northwest side (fence or vegetation) Condition Handicap sign and marking clearly marked Motion made by Councilor Krampits and second by Councilor Zaskey to approve new plot plan and additional restriction. Committee vote 5 – 0 favorable. ITEM #5 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. Bruso was present at the meeting. Mr. Bruso presented the committee with the same plan he had last month. The only changes he made was to eliminate the spaces that the committee recommended at the last meeting. Current restrictions on the Class III License – Good housekeeping, no outside storage, no outside work, number of vehicles 12 cars outside, (7 business vehicles, 2 inside unregistered) , hours M-Saturday 7 AM to 5 PM, closed Sunday, tires and batteries, Class III operations shall be limited to removal of tires, batteries, and catalytic converter, all work to be done inside, same parking scheme as Auto Repair License. Mr. Bruso stated that some of his customer’s vehicles have been vandalized. Carl Dietz stated that he visited the property on Thursday and it looked good. There were two cars parked in the vicinity of the canopy which may have been employee vehicles. The back of the property had a fair amount of vehicles. He stated that the question that the committee has to consider is if the committee wants cars backed in along the fence. Councilor Courchesne stated that Mr. Bruso does not park cars across the sidewalk. Councilor Laflamme asked where the license holder pushes the snow in the winter time. Mr. Bruso replied that he pushes the snow to the rear of the property. He does not plow the back of the property. 3 Mr. Bruso stated that he does not plan to park vehicles in the front. In the evening the trucks are parked sideways. Conditions Mark handicap spot with property signage Building Department to monitor Motion made by Councilor Laflamme and second by Councilor Zaskey to accept plot plan with existing restrictions. Committee vote 5 – 0 favorable. ITEM #6 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 Motion made by Councilor Krampits to remove from postponement. Motion passed. Mr. Rodriguez along with his attorney Stewart Weisman were present at the meeting. Councilor Brooks stated that there was an appetite to reconsider based on the new process that is in place. The committee would like to hear the applicant’s intentions again. As the Ward Councilor, Councilor Brooks had some questions as to what is currently occurring in that building without a license with respect to storage of vehicles. Does the applicant wish to pursue a storage license that would require a Special Permit. It is his understanding that there are vehicles currently being stored in the facility. Are cars being stored in the back of the building? Councilor Brooks questioned whether a make shift ramp has been constructed for the storage of vehicles which would be out of compliance with the lease agreement that the applicant has currently signed. Attorney Weisman stated that it’s a preexisting ramp. The business proposal is repairs mostly to windshields, mostly by appointment and mostly under insurance. Mr. Rodriquez had such a business in Springfield but was forced to vacate when MGM purchased the property to build a casino. There were issues with the proposed location on Center Street that have been addressed such as egress and ingress, mirrors have also been installed. A Special Permit has been obtained for parking across the street for this business. Carl Dietz stated that he has been working with an architect to make certain that all necessary work is done to the structure of the building to ensure that all necessary egresses are installed. 4 Councilor Brooks stated that statutorily requirements have been met. He asked if additional cars parked in the back of the building. If the applicant proposes to store cars in addition to the 3 that would be granted by this license a Special Permit would be required for storage of vehicles. Attorney Weisman stated that he understands that there would be no storage in the business. Mr. Rodriquez stated that the vehicles that are there now will be moved because glass takes a lot of room and he needs it to store windshields. Councilor Brooks stated that a license is a privilege and not a guaranteed right. Michael Gossman, 65 Sunrise Lane, Chicopee, stated that he used to live near the shop that Mr. Rodriquez ran in Springfield. There were no issues in Springfield. Mr. Rodriquez even cleaned up the graffiti and installed cameras. Conditions License will be held until Certificate of Occupancy is issued by Building Department 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 of number of vehicles – 3 inside Special Permit parking 8 vehicles across street Hours of operation M- Saturday 9 AM – 6 PM. Motion made by Councilor Krampits and second by Councilor Zaskey to approve with restrictions. Committee vote 5 – 0 favorable. ITEM #7 Minutes – July 25, 2016 Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Motion passed. Meeting adjourned at 7:47 PM. 5