City Council - License Committee

City of Chicopee City Council License Committee Approved 1-30-2017 Members William Zaskey, Chair Fred Krampits, Vice Chair Frank Laflamme Shane Brooks Stan Walczak MINUTES December 19, 2016 The following are the minutes of a public hearing held Monday, December 19, 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 (6:33 pm), Laflamme, Walczak Also Present Dan Garvey (Associate City Solicitor), Carl Dietz (Building Commissioner), Councilor Roy, Lee Pouliot (Planning Director) 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 a Service Station License at 376 Broadway. Applicant Kassem Z. Kabbout 232 Lafayette Street Chicopee, MA 01020 Kassem Kabbout, and his uncle, Abbas Hamden, 203 Hannoush Drive, West Springfield, were present at the meeting. They stated that the property is being purchased. Reports read from the following departments: Planning & Conservation Property is zoned Business A (front of lot) & Residential A (back of lot). No business uses allowed on the Residential A portion of the property (Parking allowed only with a Special Permit – 275-52 B (10). Use is allowed in Business A portion of the property. Parking requirement: 2 bays at two spaces = 4 spaces and additional parking at pumps (for fueling). The applicant has met with the Planning Department Staff and has expressed plans to apply for a Zone Change on the Residential A portion of the property (to Business A) and to execute a lease 1 agreement for City property abutting the rear of the property. The applicant would then file a Special Permit for parking on this property. Recommend approval of the license with the condition that the Applicant advance the above measures to provide additional parking flexibility for the business. Engineering Street line and sidewalk not shown on plan. Driveway entrances not shown Existing signs, lighting, and fuel pumps not shown Handicap parking meet ADA guidelines? Fence encroachment on city line in the rear of property Grading not shown, what does additional paving do to drainage pattern Building Department No concerns. Automobile service stations are a permitted use in Business A zone. Fire Department Applicant is expected to read, understand and abide by all applicable codes and regulations to include but not be limited to the following: 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 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 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 Code. [780 CMR 419.2.3] 4. Applicant shall adhere to applicable sections of NFPA 30A. 5. Maintain FIRE LANES around building. No Vehicle Storage Against Building. 6. Maintain access for emergency vehicles at all times. 7. Storage of junk vehicles shall be orderly 8. Fire extinguishers are required. All extinguishers must be rated at a minimum of 40 B.C. The number of extinguishers required will be determined at a later date. [527 CMR 5.08(8)] 9. Spray operations shall not be conducted without proper spray booth. 10. A permit for the storage of waste oil may be required. The storage must comply with the Board of Fire Prevention Regulations. [527 CMR 9.06] 11. Proper address numbering as required in Code of the City of Chicopee 12. Dumpsters shall be located at least 25’ away from building. Restrictions No. of pumps 3 No. of storage tanks 3 2 Type of Fuel stored gasoline & diesel – capacity of storage tanks 2 (6000 gallon) gasoline 2000 gallon diesel Hours of operation M-F 7 AM – 7 PM, Saturday 9 AM – 4 PM, Sunday 11 AM – 4 PM Heating system used Waste oil Full Service Hours attendant is on premise same hours above Types of Service and Repairs, full service, state inspection, car repair Auxiliary service or sales to be provided None Motion made by Councilor Walczak and second by Councilor Zaskey to approve with restrictions. Committee vote 5 – 0 favorable. Motion made to take item #3 out of order. Motion passed. ITEM #3 Application for an Auto Repair License for Broadway Auto Stop, Inc., located at 376 Broadway. Applicant Kassem Z. Kabbout 232 Lafayette Street Chicopee, MA 01020 Kassem Kabbout, and his uncle, Abbas Hamden, 203 Hannoush Drive, West Springfield were present at the meeting. They stated that the property is being purchased. 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 7 (3 inside, 2 outside, 2 employee, 1 handicap) Hours of Operation M-F 7-7, Saturday 9-4, Sunday 11-4 Motion made by Councilor Laflamme and second by Councilor Walczak to approve with restrictions. Committee vote 5 – 0 favorable. ITEM #2 Application for a Class II License for Broadway Auto Shop, Inc., located at 376 Broadway. Applicant Kassem Z. Kabbout 232 Lafayette Street 3  Chicopee, MA 01020 Kassem Kabbout, and his uncle, Abbas Hamden, 203 Hannoush Drive, West Springfield were present at the meeting. They stated that the property is being purchased. The committee informed the applicant that a Zone Change and Special Permit is required before the sale of vehicles is allowed. A signed lease with the city is required before he can utilize city property for the business. Mr. Hamden stated that an agreement has been reached with the city he just doesn’t have the signed document. The committee informed the applicant that once a Zone Change and Special Permit are granted and he has a signed lease then the License Committee can discuss the application for a Class II license. Motion made by Councilor Laflamme and second by Councilor Walczak to postpone to the call of the chair. Motion passed. ITEM #4 Application for a Class II License for Kaput’s Auto Body, Inc. located at 226 Granby Road. Applicant Alan L. Beaudry, Jr. 42 Monroe Street Chicopee, MA 01020 Alan Beaudry was present at the meeting. Reports read from the following: Fire Department Applicant is expected to read, understand and abide by all applicable codes and regulations to include but not be limited to the following: 13. 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 Buildings and 527 CMR 14.00 Storage of Flammable Liquids and Gases (Only Approved Flammable Storage Cabinets) 14. Applicant will be required to obtain all necessary permits. [527 CMR 1.04(8)] 15. 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] 16. Applicant shall adhere to applicable sections of NFPA 30A. 17. Maintain FIRE LANES around building. No Vehicle Storage Against Building. 18. Maintain access for emergency vehicles at all times. 19. Storage of junk vehicles shall be orderly 20. Fire extinguishers are required. All extinguishers must be rated at a minimum of 40 B.C. The number of extinguishers required will be determined at a later date. [527 CMR 5.08(8)] 21. Spray operations shall not be conducted without proper spray booth. 4  22. A permit for the storage of waste oil may be required. The storage must comply with the Board of Fire Prevention Regulations. [527 CMR 9.06] 23. Proper address numbering as required in Code of the City of Chicopee 24. Dumpsters shall be located at least 25’ away from building. Building Department No concerns. Use is non-conforming in Residence A zone. Use should be screened from other residential properties. Engineering Department Plan is not to scale. Applicant must review plan requirements for submission. Planning Department Property is zoned Residential A, Planning believes the use is grandfathered on this particular property. Parking requirements Repair – 5 bays x 2 spaces = 10 spaces (1 handicap), Sales 2 customer spaces = 12 required total. Planning does not believe cars can/should be parking in front of building near Granby Road (blocks bay doors), all parking to rear of property, Planning requests a final, scaled site plan of Auto Body License and would like to review final site plan before recommending approval of the Class II License. The Planning Department does not believe there is adequate space to the rear of the property to park 20 cars. We need a scaled drawing of the parking area to ensure adequate parking for repair services and customers. Any remaining spaces would then be available for used car parking under the Class II license request. We cannot determine the number of spaces available from the current site plan. Councilor Laflamme stated that he is not comfortable allowing cars to park in the front of the property. He also does not want to see cars near the front corner. Mr. Beaudry stated that he will not purchase the property if the licenses are not approved. The sale of the property and business needs to be completed before the end of the year. The committee is requiring that a detailed certified site plan must be submitted and approved. 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 6 (2 in front 4 in back) Hours of operation: M- Saturday 8 AM – 5 PM, closed Sunday. Return to License Committee January 30, 2017 Certified Site Plan must be completed and approved. Motion made by Councilor Brooks and second by Councilor Zaskey to approve with restrictions. 5 Committee vote 5 – 0 favorable. ITEM #5 Application for an Auto Body License for Kaput’s Auto Body, Inc., located at 226 Granby Road. Applicant Alan L. Beaudry, Jr. 42 Monroe Street Chicopee, MA 01020 Alan Beaudry was present at the meeting. 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 (8 inside, 4 outside, 2 employee) Hours of operation M-Saturday 8 AM – 5 PM, closed Sunday Return to License Committee January 30, 2017 Certified Site Plan must be completed and approved. Motion made by Councilor Brooks and second by Councilor Zaskey to approve with restrictions. Committee vote 5 – 0 favorable. ITEM #6 Minutes – November 28, 2016 – Motion made by Councilor Laflamme to approve. Motion passed. Meeting adjourned at 7:24 PM. 6