City Council - License Committee

City of Chicopee City Council License Committee Approved 11-28-2016 Members William Zaskey, Chair Fred Krampits, Vice Chair Frank Laflamme Shane Brooks Stan Walczak MINUTES September 26, 2016 The following are the minutes of a public hearing held Monday, September 26, 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 Members Absent Walczak Also Present Dan Garvey (Associate City Solicitor), Councilor Zygarowski, Councilor Tillotson, Lee Pouliot (Planning Director), Chris Chaban (Assistant City Engineer) 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 an Auto Repair License for Murray Automotive, LLC located at 102 Old Fuller Road. Applicant Michael Murray 636 Fuller Road Ludlow, MA 01056 Mr. Murray and Richard Bourbeau, property owner, were present at the meeting. The following concerns were raised by the Engineering Department: various right-of-way encroachments such as fence, shed, and pylon sign. Encroachment should be removed unless a land easement is made with the city. Mr. Bourbeau stated that this property has had several businesses on it and there has never been an issue raised by the city. He then provided a deed to the property. Chris Chaban studied the deed briefly. A more detailed title search may need to be conducted for this property. 1 Mr. Murray stated that he has been out of work for some time now and delaying this application will just put him further behind. Councilor Zaskey stated that he could call for a special License Committee meeting once the applicant and property owner have worked out all the concerns raised by the Planning and Engineering Departments. Motion made by Councilor Brooks and second by Councilor Laflamme to postpone to the call of the chair. Committee vote 4 – 0 favorable. ITEM #2 Application for a Junk Dealers License to sell second hand items, furniture, household items located at 165 Front Street (#1B 103). Applicant Andrea West 98 Ware Road West Warren, MA 01092 Ms. West was present at the meeting. Reports read from the following departments: Engineering – No engineering comments Building – No concerns Planning – unsure of location within Cabotville Complex – please provide a location map that also details designated parking area for the store. Need additional information to make a recommendation. Ms. West stated that the entrance to her store will be the lower entrance and parking will be provided for customers along the river. She does not anticipate a large number of customers at the same time. Lee Pouliot was satisfied with this explanation. Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 4 – 0 favorable. ITEM #3 BE IT ORDERED that Kane Scrap Metal & Iron be called before the City of Chicopee License Committee and City Council to discuss the license(s) currently held by Kane Scrap Metal & Iron, including compliance with restrictions imposed upon any and all licenses held by Kane Scrap Metal & Iron. The City Council may modify, suspend, fine, or revoke any license held by Kane Scrap Metal & Iron. Attorney John Gallagher and Patrick Kane were present. Stewart Papianou, 25 Chester Street, was also present. 2 Chairman Zaskey stated that the committee would like an update on the sound barrier wall that was to be installed. Baltazar Construction has been hired to install the sound barrier. Work will start tomorrow on the project. The original company hired could not handle the work. It will take approximately one week to complete the work. The cost to Kane Scrap Metal & Iron to install the sound barrier is $50,000. Mr. Papianou stated that his house on Chester Street acts as a sound barrier for the rest of the neighborhood. Motion made by Councilor Brooks and second by Councilor Laflamme to place on file. Committee vote 4 – 0 favorable. 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 Attorney Stewart Weisman and Joaquin Rodriquez were present at the meeting. Councilor Brooks stated that on September 6th he was driving past the business location and witnessed vehicles inside the shop being worked on. He then called the Building Commissioner to come and inspect. Attorney Weisman stated that the building is undergoing construction to install egress from the building. That is the activity that was witnessed. Mr. Rodriquez stated that the vehicles that Councilor Brooks and the Building Commissioner saw were his own personal vehicles. Mr. Rodriquez was informed that he is not allowed to work on even his own personal vehicles without a license. Councilor Brooks stated that rules have to be followed. All licenses have restrictions that must be complied with. Motion made by Councilor Brooks and second by Councilor Krampits to approve with restrictions. Restrictions Good housekeeping No outside storage No outside repairs No junk cars 3 Hours of operation M-Sat. 9 – 6 , Closed Sunday Special Permit – parking 8 vehicles across street License holder must secure a Certificate of Occupancy prior to exercising the rights granted under this license. Committee vote 4 – 0 favorable. ITEM #5 POSTPONED 8-29-2016 Application for a Class II License for Rondina Acquisitions, Corp., located at 640 Springfield Street. Applicant David Rondina 32 Upland Rd Leeds, MA 01053 Councilor Zaskey stated that he received a call from Mr. Rondina and he is not ready to proceed. Motion made by Councilor Krampits and second by Councilor Brooks to postpone to the call of the chair. Committee vote 4 – 0 favorable. ITEM #6 POSTPONED 8-29-2016 Application for an Auto Repair License for Rondina Acquisitions, Corp., located at 640 Springfield Street. Applicant David Rondina 32 Upland Rd Leeds, MA 01053 Councilor Zaskey stated that he received a call from Mr. Rondina and he is not ready to proceed. Motion made by Councilor Krampits and second by Councilor Brooks to postpone to the call of the chair. Committee vote 4 – 0 favorable. ITEM #7 POSTPONED 8-29-2016 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. Jeffrey Lamerias and his father were present at the meeting. Councilor Laflamme stated that he and Councilor Vieau have received complaints of people working on vehicles at this location very late at night in the garage. He also asked about the vendors parking their vehicles in the rear of the property. Mr. Lamerias stated that he is confused by this notice because he and his family have been in Portugal for a month and there has been no activity. He has worked on his own vehicle in the garage in the past. The trucks parked in the rear have his permission to park there. 4 Councilor Laflamme stated that no work is allowed even on the license holders personal vehicle outside the hours specified on the license. He further stated that a new plot plan will need to be drawn and stamped by a surveyor during license renewal time to show where the business vehicles will be parked. Attorney Garvey stated that this is a new requirement that the Council is placing on all new and old licenses. Motion made by Councilor Laflamme and second by Councilor Zaskey to place on file. Committee vote 4 – 0 favorable. ITEM #8 Minutes – August 29, 2016 Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Motion passed. Meeting adjourned at 7:55 PM. 5