City Council - License Committee

City of Chicopee City Council License Committee Approved 5-22-2017 Members William Zaskey, Chair Fred Krampits, Vice Chair Frank Laflamme Shane Brooks Stan Walczak MINUTES April 24, 2017 The following are the minutes of a public hearing held Monday, April 24 2017 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Zaskey, Laflamme, Brooks Members Absent Krampits, Walczak Also Present Councilor Tillotson, Councilor Courchesne, Daniel Garvey (Associate City Solicitor), Carl Dietz (Building Commissioner) 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 Top Dog Auto Service, 238 Meadow Street – plot plan Motion made to remove from postponement. Motion passed. George Bruso was present at the meeting. The committee reviewed the plan that Mr. Bruso submitted. The following department recommendations were read: Planning & Conservation  Property is zoned Business A; auto trade is permitted  Review license restriction to twelve vehicles again the site plan that shows available parking for 23 vehicles.  Review by Engineering department regarding stormwater management requirements for unpaved parking areas.  If the applicant is providing towing service; confirm that a Special Permit has been issued by the - City Council per 275-58 C 7. 1 Fire Department Vehicle number on site plan appears to be greater than on application. Application notes 12 + 7. Plan shows 16 + 7. 1. The business shall comply with 527 CMR 1.00 [Massachusetts Comprehensive Fire Safety Code] Section 10, General Safety Requirements; Chapter 30, Motor Fuel Dispensing Facilities and Repair Garages; Section 13.6, Portable Fire Extinguishers; Chapter 60, Flammable and Combustible Liquids (Only Approved Flammable Storage Cabinets). 2. Applicant will be required to obtain necessary permits. [527 CMR 1.00, Chapter 1.12] 3. The storage, handling and mixing of flammable and combustible liquids shall meet the requirements of NFPA 30, Flammable and Combustible Liquids Code. 4. Applicant shall adhere to applicable sections NFPA 30A (Code for Motor Fuel Dispensing Facilities and Repair Garages. 5. Maintain access for emergency vehicles at all times. 6. No storage of junk vehicles 7. Appropriate fire extinguishers are required. The number of extinguishers required will be determined at a later date. [527 CMR 1.00 section 13.6] 8. Spray painting operations shall not be conducted without approved spray booth. 9. A permit for the storage of waste oil may be required. 10. Proper address numbering as required in Code of the City of Chicopee 11. Dumpsters shall be located at least 25’ away from building. 12. Permits and Building/Fire inspections shall be completed prior to opening the business. Engineering Department: DPW will not allow the parking shown along Meadow Street. Commercial parking cannot back out to a major road. 5 of the spaces must back out over the sidewalk. Access aisle is too narrow to accommodate. Any site work proposed? Councilor Laflamme stated that he has met with Steve from Engineering and told him that he would take pictures and show them to the committee. He showed, those present, pictures taken today of the concerns that were raised by the Engineering Department. Mr. Bruso stated that the truck that is shown in the pictures is not supposed to park in that spot. Councilor Laflamme stated that there is only about 6 feet from the car to the sidewalk. There is not enough room to come in and out. Mr. Bruso stated that the plow should not be on the truck. He also stated that the Council recently granted a license where the owner has 2 feet to the sidewalk. Councilor Laflamme stated that a Special Permit is required for towing. Mr. Bruso stated that it’s only for a storage lot. Mr. Bruso further stated that each time the committee changes, the rules change. Mr. Bruso continued that he was told when he first applied that he needed the repair license to do towing. Councilor Laflamme said that Mr. Bruso came before the Council originally for 2 trucks. He was going to strip them, and sell the parts, batteries, catalytic converters, tires and that’s not what is happening at this business now. Mr. Bruso stated that he now has a repair shop. Councilor Laflamme said that he doesn’t know where Mr. Bruso would park all the vehicles on his property. He stated that there are only a certain amount of available spots on the property. Mr. Bruso stated that he loses about $1500-$2000 per week. He laid off an employee. 2 Mr. Bruso stated that there are businesses operating in Chicopee without licenses. Councilor Laflamme stated that he should inform the Building Commissioner for enforcement. Councilor Courchesne stated that Mr. Bruso needs to follow the rules. Mr. Bruso stated that the plan was approved by the Council. Courchesne Courchesne stated that it was signed to accept the plan but the plan has not been approved. He continued that it was approved as to format. Councilor Courchesne stated that last Saturday afternoon there was repair work taking place at the property. This is not allowed. Councilor Brooks stated that he appreciates Mr. Bruso’s frustration and understands that he’s trying to run a business but he further stated that each and every business is taken on each basis. He further stated that this board holds each license holder accountable. Each business is held to the same standards with respect to plot plans. Mr. Bruso stated that he has been operating this business for 6 years. He continued that the only time he had an issue was this past year. He stated that he did not change how he operates; he only bought new trucks. He further stated that he is being stalked by an individual. Councilor Brooks asked if this individual works for the City. Mr. Bruso replied no. Councilor Brooks suggested that the committee invite department heads to the next meeting to way in on this license. Mr. Bruso stated that he will bring his attorney to the meeting. Councilor Tillotson stated that the Engineering Department has already provided a recommendation to the committee and now it’s up to the License Committee to make a decision. He does not feel that having the department head come in will change anything. Carl Dietz stated that the parking spaces represented on the plan do not meet standards. Dan Garvey stated that the committee is voting on the plot plan and when Mr. Bruso brings his lawyer he needs to speak to him about 275-58 (7) because a Special Permit is needed to operate a tow facility. He continued that when this license was originally granted he was towing for his own business. Vehicles were being towed to the garage to disassemble batteries, tires and catalytic converters. The business has changed. He is now towing for third parties. He needs a Special Permit. With his auto repair license he’s able to tow his own vehicles to and from the site. Towing for all other purposes requires a Special Permit. Dan Garvey read Chapter 275-58 (7) a (7) Towing and storage of motor vehicles. (a) Towing and storage services are businesses that includes towing and/or storage of towed vehicles, trailers or anything mounted on trailers. These operations include office, dispatch center, parking for towing vehicles and any other towing equipment, employees and patrons of a towing business, and storage of vehicles, trailers or anything mounted on trailers which have been towed from accidents, abandonment or for reasons other than automotive and truck repair services normally contracted for by individuals. Councilor Brooks stated as a committee they have to decide if the plan meets requirements. He further stated that it appears that Mr. Bruso’s plan does not. Dan Garvey stated that the ordinance requires 10 parking spaces are required for storage. Mr. Bruso stated that he does not store. Dan continued that it appears that there is storage. 3 Motion made by Councilor Brooks and second by Councilor Zaskey that the business needs a plot plan accepted by the City, adopt recommendation of City Engineer striking 7 spaces running adjacent to Meadow Street. Committee vote 3 – 0 favorable. ITEM #2 Minutes – March 27, 2017. Motion made by Councilor Laflamme to approve. Motion passed. Meeting adjourned at 7:13 PM. 4