City Council - License Committee

City of Chicopee City Council License Committee Approved 4-24-2017 Members William Zaskey, Chair Fred Krampits, Vice Chair Frank Laflamme Shane Brooks Stan Walczak MINUTES March 27, 2017 The following are the minutes of a public hearing held Monday, March 27, 2017 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Zaskey, Krampits, Laflamme, Brooks Members Absent Walczak Also Present Councilor Zygarowski, Councilor Tillotson 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. Motion made by Councilor Laflamme and second by Councilor Brooks to take Items 3 and 4 out of order. Motion passed. ITEM #3 Application for a Taxi Driver License to drive for Yellow Cab. Applicant Bevan Forbes 1287B Calkins Road Palmer, MA 01069 Mr. Forbes was present at the meeting. He stated that he has driven in Chicopee before. Motion made by Councilor Krampits and second by Councilor Zaskey to approve. Committee vote 4 – 0 favorable. ITEM #4 Application for a Taxi Driver License to drive for Yellow Cab. Applicant Joshua L Delgado 1  240 Winton Street Springfield, MA 01118 Mr. Delgado was present at the meeting. He also stated that he has driven in Chicopee and that this is a renewal. Motion made by Councilor Krampits and second by Councilor Zaskey to approve. Committee vote 4 – 0 favorable. ITEM #1 Application for a Class II License for Broadway Auto Shop, Inc., located at 376 Broadway. Applicant Kassem Z. Kabbout 232 Lafayette Street Chicopee, MA 01020 Kassem Kabbout and his uncle were present at the meeting. They have obtained a Zone Change and a Special Permit and are now ready to proceed with the Class II license application. The restrictions placed on the Auto Repair License were reviewed. The required parking spaces for employees, customers, and handicap are covered under the Auto Repair License. A stamped plan was presented which departments have reviewed. The following conditions were placed on the Class II License: Conditions 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. Abide by Fire Department Regulations Total number of vehicles: 14 Hours of operation: M-F 7 AM – 7 PM, Saturday 9 AM – 4 PM, Sunday 11 AM – 4 PM. Motion made by Councilor Laflamme and second by Councilor Brooks to approve with restrictions. Committee vote 4 – 0 favorable. ITEM #2 Application for a Junk Dealers License at 151 East Street. Applicant Dominic DeMarinis 31 Chase Avenue Springfield, MA 01108 Mr. DeMarinis and Edward Loiko were present at the meeting. Mr. DeMarinis stated that the proposal is to buy electronics and sell them online. (Cell phones, antiques). He further stated that he does not expect more than 20 people visiting the store per day. He also stated that he understands that there is limited parking but he expects most of his business to come from the neighborhood. 2 Reports read from the following departments: Fire 1. The business shall comply with applicable sections of the Massachusetts Comprehensive Fire Safety Code [527CMR 1.00] 2. Fire extinguisher(s) are required in the place of business. Size and quantity will be determined at a later date. [527 CMR 5.09(8)] 3. The applicant must contact the Fire Prevention Office to arrange an inspection of the establishment prior to opening and complete a “Business/Property Information Form”. 4. Dumpsters shall be kept at least 25’ from building. 5. Proper address numbering per Code of the City of Chicopee. Building Use conforms to the Business A zoning district. There is no off street parking that serves the building or business. East Street Avenue is very narrow and does not support on street parking. The residential structure on the same parcel recently received a special permit to change from a single to a 2 family dwelling. Engineering No information submitted for the Engineering Department to review. Planning Property is zoned Business A; use is permitted as “retail trade” (275-58 (B) (18) ). Property is addressed at 155 East Street by the Assessor’s Office. Applicant did not provide a plan or any narrative detailing how required parking is being addressed. Aerial photos of the property show no parking areas on-site for customers. Parking requirements need to be addressed prior to the Planning Department considering approval. Councilor Krampits stated that the applicant will have to speak with Engineering to obtain a street address for the business. Mr. DeMarinis stated that the number on the building is 151. Councilor Krampits stated that a plot plan should be submitted for this proposed business. Councilor Zaskey stated that the Engineering Department during the review could determine the correct address. Carl Dietz stated that there is nothing under the parking regulations that trigger off street parking because it’s a pre-existing use. Mr. Loiko stated that the proposed use is going to generate a lot less traffic then the ceramic business had when it was operating. Most of the clientele will be online. Councilor Krampits stated that the applicant meet with Lee Pouliot to discuss the plot plan and what should be included. Motion made by Councilor Brooks and second by Councilor Krampits to postpone to the call of the chair. Motion passed. ITEM #5 Top Dog Auto Service, 238 Meadow Street – Plot plan Mr. George Bruso was present at the meeting. 3 Chairman Zaskey stated that the reason the committee is meeting on this matter again is for the required stamped plot plan. Mr. Bruso stated that it was sent to the Council office. He also stated that he has one. He can get it off his computer at any time. He continued that it was sent here and the Council doesn’t know about it. Mr. Bruso further stated that he is not removing his trucks from the property. He continued….”the trucks have been allowed on that property since I’ve been there. On all my licenses. I have every license from day one.” Councilor Laflamme asked for a list of license restrictions. Councilor Zaskey read the restrictions that were on the license at renewal time this past year. Good housekeeping, no outside storage, 2 vehicles inside, 12 outside, hours of operation M-Sat. 7 AM to 5 PM, closed Sunday, no outside work, 7 business vehicles, 4 total unregistered vehicles 2 inside, 2 outside. Mr. Bruso stated that his new plan shows 23 parking spaces. He continued, “you gave it to me in September and then took it away. And I know you gave it to me in September because I got the tape with him calling me a liar.” Councilor Brooks stated “tone it down.” Mr. Bruso continued, “I’ve been harassed for a year now.” Councilor Brooks stated that the Council has been trying to work with him. Mr. Bruso stated, “he sent a truck down the street. It cost him $800. He goes to pick up a car the next day, got a window smashed, mirror smashed, GPS missing, tag light missing, and chains missing. That’s why I got cameras where I’m at. I don’t even call the cops. What are they gonna do? They’re not gonna find my stuff. I just want to run a business.” Councilor Courchesne stated that employees park on the sidewalk. Mr. Bruso stated that he should have had the car towed. He further stated that he tries to control it as much as he can. Councilor Laflamme asked if Mr. Bruso feels that 7 working vehicles could have something on the back of the truck being pulled. Mr. Bruso replied that it’s legal. He has plates. Mr. Bruso stated that he considers it 2 vehicles but this does not happen often. Councilor Laflamme continued that he has been to the property at 4 AM and there was a truck parked on the corner blocking the stop sign. Mr. Bruso stated that this is all as a result of Family Dollar. The committee stated that it is not accurate. This has nothing to do with Family Dollar. Councilor Laflamme asked where Mr. Bruso’s employees park. Mr. Bruso stated that each employee takes a truck home. Councilor Laflamme asked then why are there 5 or 6 trucks on the property at all times. Mr. Bruso stated that the 3 full time employees take the truck home and he takes a truck home. Councilor Laflamme asked if Mr. Bruso still utilized the church parking lot. Mr. Bruso replied that he does to park customer vehicles. He continued that the church allows it. He stated that the church takes care of him and he takes care of the church. Mr. Bruso stated that if someone is parked on the street on the sidewalk they deserve to the towed. Mr. Bruso does not know why the Council did not see the plan. He stated that the plan was faxed to Planning. He continued that “the guy” told him that he did not hear back from “them so it must be approved.” Councilor Laflamme stated that the business is now more of a towing business. Mr. Bruso stated that it was always a towing business. He further stated that when he applied for his license he was told he needed to apply for an Auto Repair for a towing business. Councilor Laflamme asked if the original intent was to strip cars and bring them to this location. Mr. Bruso replied that he still does that. Mr. Bruso stated that in Chicopee the repair license is the towing license. He further stated that he originally bought the building for his trucks. Mr. Bruso stated that he does not store towed vehicles. He does not tow for the police department, or private towing. Mr. Bruso stated that he does not charge for storage. 4 Councilor Brooks stated that the February 2, 2017 license there are 20 cars including 2 inside. The plot plan has 23 outside. There is some disconnect between what’s approved on the license and the plot plan. 2 inside, 12 outside, 2 business vehicles, no more than 4 unregistered = 20. There should only be 18 parking spaces outside on the plot plan. Councilor Brooks continued that either the plot plan needs to be amended or the licenses need to be amended. Mr. Bruso stated that no one sees his back yard. Mr. Bruso stated that he’s going to be losing $600,000 per year because the Council won’t give him parking spaces. Councilor Brooks stated that if this was his livelihood and he was going to lose $600,000 he would have personally walked the plans to City Hall to Lee Pouliot. Councilor Laflamme said the plan looks very tight. There is little room to get around. Mr. Bruso agreed. He continued that he will apply for a dealer’s license for 5 parking spaces. Councilor Krampits stated that the plan needs to be full size and needs to be submitted to reviewing departments for review, comments and recommendations. Councilor Laflamme asked if Mr. Bruso will live by the plan. Mr. Bruso replied that he will. Carl Dietz suggested that Mr. Bruso work with Mr. Chapdelaine to draw a plan to include the trucks. A tow truck is not going to fit in a 9 x 18 parking space. Motion made by Councilor Laflamme and second by Councilor Zaskey to postpone to call of the chair. Mr. Bruso to bring the plan to the Planning Department and then to department’s for review. Plot plan to reflect tow trucks. Plot plan must be approved by Planning, Fire, Building, and Engineering. Motion passed. ITEM #6 Minutes – February 27, 2017 Motion made by Councilor Laflamme to approve. Motion passed. Meeting adjourned at 7:35 PM. 5