City Council - License Committee

City of Chicopee City Council License Committee Approved 6-25-2017 Members William Zaskey, Chair Fred Krampits, Vice Chair Frank Laflamme Shane Brooks Stan Walczak MINUTES May 22, 2017 The following are the minutes of a public hearing held Monday, May 22, 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, Walczak Members Absent Brooks Also Present Daniel Garvey (Associate City Solicitor), Councilor Robert J. Zygarowski 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 Class II License for Gallagher’s Auto Sales, LLC, located at 1095 Chicopee Street. Applicant Christopher Rivers 95 Bessemer Street Springfield, MA 01104 Mr. Rivers and Mr. Galica were present at the meeting. Mr. Rivers stated that the location that he and Mr. Galica had on East Street had recently burned and Mr. Galica is constructing a convenience store and gas station and they would like to relocate the Class II and Auto Repair that was at the East Street location to this Chicopee Street location. Reports were read from the following departments: Fire Department Customer parking appears to be minimal 1. 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. 1  2. Applicant will be required to obtain all 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 of 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 Dimensions on plan are illegible One way traffic pattern? If not, southerly travel lane is too narrow for 2-way traffic. May have to eliminate a parking space Vehicle inspection que shows 4 spaces only enough for 3 vehicles Handicap parking access aisle is too narrow at 3’ wide. Must be a minimum 5’ wide Planning Department Property is zoned Business A; use is permitted in the zone. Per the Planning Department’s comments for the applicant’s Auto Repair License an additional customer space is suggested for parking. This would reduce available spaces for sale cares to nine. Council should consider if additional customer spaces are needed for Class II License (beyond those required for the Auto Repair License). Mr. Rivers stated that all of the Engineering department concerns have been addressed. Mr. Galica will only be doing Mass inspections at this address. He will not be advertising public auto repair. Mr. Rivers stated that the shed that was on East Street will be relocated to the Chicopee Street address. He will utilize this shed for some of his office support material. Mr. Rivers stated that with the Auto Repair application next on the agenda it’s only for inspections. A customer pulls the car up to the bay and he or she waits inside while the inspection is taking place. The only customers parking vehicles would be those looking to purchase a car from Mr. Rivers. Motion made by Councilor Laflamme and second by Councilor Zaskey to approve with restrictions. 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 13 (10 for sale, 0 inside, 1 employee, 1 customer, 1 handicap) Hours of Operation M-Saturday 9 AM – 6 PM, Sunday 12-5. Committee vote 4 – 0 favorable 2 ITEM #2 Application for an Auto Repair License for Gallagher’s Olde Fashioned Service, Inc., located at 1095 Chicopee Street. Applicant Robert Galica 21 Grand Oak Farm Rd Hadley, MA 01035 Mr. Galica and Mr. Rivers were present at the meeting. As previously stated he will only be doing Mass inspections no outside repair of vehicles will be conducted at this location. Reports read from the following departments: Planning Department Property is zoned Business A; use is permitted in the zone Parking requirements for Auto Repair are 2 spaces per bay; site needs two customer parking spaces. Plan shows 2 customer spaces, however 1 is for handicapped parking – suggest a second non-handicapped customer space be added. Confirm that lot will be striped as dictated on the plan. Motion made by Councilor Laflamme and second by Councilor Walczak to approve with restrictions. 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 (1 inside, 1 employee, 3 customer) 1 bay 1 office Hours of Operation M-Saturday 7 AM to 6 PM Committee vote 4 – 0 favorable. ITEM #3 Application for a Junk Dealer’s License at 196 East Street for AJ’s Gaming. Applicant Anthony J. Montefusco 67 New Ludlow Rd. Apt. 9 Granby, MA 01033 Anthony and AJ Montefusco were present at the meeting. Mr. Montefusco stated that the business is mainly trading cards but since some of the cards are from opened packages he is required to obtain a Junk Dealers License. He previously operated further up on East Street. But when the building next door caught fire he decided to relocate. Mr. Montefusco stated that there are 4 days in the year where midnight tournaments are held. Reports read from the following departments 3 Fire Department 1. The business shall comply with applicable sections of the Massachusetts Comprehensive Fire Safety Code [527 CMR 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 1.00 Sec. 13.6] 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 Engineering Department No Engineering comments Planning Department Property is zoned Business A; use is permitted Planning requires a site plan to determine appropriate parking is provided. The committee asked Mr. Montefusco if he has a lease agreement. Mr. Montefusco replied that he has a lease agreement. The committee requested that he provide a copy of the lease along with parking spaces. Motion made by Councilor Laflamme and second by Councilor Walczak to approve with restrictions. Restrictions Applicant to provide lease agreement by Friday to include parking spaces Hours of Operation M-Thursday 12-9, Friday 12 -10, Saturday 12-6, Sunday 1-6 Approval of four special dates for tournaments Committee vote 4 – 0 favorable. ITEM #4 Application for a license to drive a taxicab for Yellow Cab. Applicant Raney Shabaneh 594 Main Street West Springfield, MA 01089 Mr. Shabaneh was present at the meeting. He stated that he has been driving for Yellow Cab for the past few months. Motion made by Councilor Laflamme and second by Councilor Zaskey to approve. Committee vote 4 – 0 favorable. ITEM #5 Application for a Service Station License for Amin Muhammad located at 646 Grattan Street. Applicant Amin Muhammad 646 Grattan Street Chicopee, MA 01020 No. of pumps 2 No. of storage tanks 2 4 Type of fuel stored unleaded Capacity of storage tanks 7000 gallons 13000 gallons Hours of operation 6 AM – 11 PM Self Service Heating system used gas forced air Hours attendant is on premise 6 AM – 11 PM Types of service and repairs, if any None Auxiliary Service or sales to be provided Convenience Store Amin Muhammad was present at the meeting along with his father. Reports read from the following departments: Planning Department Please confirm address; plan and city data say 650 Grattan Street Property is zoned Business A; use is permitted Encroachments on public ROW (parking, pylon signs, and vacuum island) those issues should be addressed Cannot recommend approval until encroachments are addressed Confirm handicap entrance, cannot determine if a ramp exists onto ‘raised shelf’ sidewalk area adjacent to building. Fire Department 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 42.7.4, Self Service refueling; Section 13.6, Portable Fire Extinguishers; Chapter 60, Flammable and Combustible Liquids (Only Approved Flammable Storage Cabinets) 2. Applicant will be required to obtain all 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 section of 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. Proper address numbering as required in Code of the City of Chicopee 9. Dumpsters shall be located at least 25’ away from building 10. Permits and Building/Fire inspections shall be completed prior to opening for business. Engineering Department Parking spaces are partially located in the City right-of-way. City code 275-40, H-1 Handicap space does not designate an access aisle. Southerly parking spaces require driver to back over city sidewalk Is traffic allowed to enter the business at the northwesterly driveway? Vehicles entering from the north could stall traffic in the McKinstry intersection. Pylon sign is in the R.O.W. Applicant stated that he will install signs to prevent customers from pulling up to the curb and driving over the curb to prevent parking and driving over City property. Address was amended to read 646-650 Grattan Street. 5 Regarding the sign and vacuum location encroachment, the applicant stated that he did not change anything from the previous owner. Motion made by Councilor Laflamme and second by Councilor Zaskey to approve with restrictions. Restrictions Must meet ADA code Public parking signs not to encroach on city property 2 customer parking 1 employee parking No outside storage Good housekeeping Work with Planning on easement for sign Committee vote 4 – 0 favorable. ITEM #6 Application for a Class II License for Mr. Clean Auto Detailing located at 1422 Granby Road. Applicant Evelyn Roman 71 Blunt Rd. Springfield, MA 01109 Ms. Roman was present at the meeting. Chairman Zaskey stated that in order to have a Class II license the business must be incorporated or be a resident of the city. Motion made by Councilor Laflamme and second by Councilor Zaskey to postpone to the call of the chair. Committee vote 4 – 0 favorable. ITEM #7 Application for an Auto Repair License for Mr. Clean Auto Detailing located at 1422 Granby Road. Applicant Evelyn Roman 71 Blunt Rd. Springfield, MA 01109 Ms. Roman was present at the meeting. She stated that the intent is to repair vehicles. The business does not have rights to the property in the rear. Reports read from the following: Engineering Department: Attached plan is from 1982. Still relevant? Handicap Parking space must have designated access aisle (van accessible). Employee parking spaces are blocked (access) by customer spaces. 6 Fire Department 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 all 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 of 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 for business. Planning Department Property is zoned Business A; use is permitted in the zone Handicap parking space needs to be located as close as possible to office entrance- this will require the space to be relocated Parking: 6 spaces required for repair, 1 space for sale = total of 7 spaces needed for customers Adequate parking depicted for 4 sale cars Please confirm parking layout; as the submitted plan does not match 2016 aerial photo depicting angled parking Councilor Laflamme stated that the handicap parking spaces should be close to the door. Councilor Laflamme stated that there should be no work without a license. Dan Garvey suggested that when the applicant comes back for the Class II license 1 handicap parking space should be removed from the for sale portion to provide handicap parking on the site. Motion made by Councilor Walczak and second by Councilor Krampits to approve with restrictions. 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 (1 inside, 0 outside, 2 employee, 3 customer) 1 handicap as required close to office Hours of Operation M-Saturday 8 AM – 6 PM, closed Sunday Committee vote 4 – 0 favorable. 7 ITEM #8 Application for an Auto Detailing License for Mr. Clean Auto Detailing located at 1422 Granby Road. Applicant Evelyn Roman 71 Blunt Rd. Springfield, MA 01109 Ms. Roman was present at the meeting. Motion made by Councilor Laflamme and second by Councilor Zaskey to approve with restrictions. 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 inside, 4 outside) Hours of Operation M- Saturday 8 AM – 6 PM, Sunday 10 AM – 4 PM. Committee vote 4 – 0 favorable. ITEM #9 Application for a Class III License for Chico Towing Service, Inc., located at 235 Meadow Street, Rear. Applicant Cecilio Rivera 25 Bancroft St. Springfield, MA 01107 Attorney John Pierson representing Cecilio Rivera, Michael Robare, and Cecilio Rivera were present at the meeting. The applicant has a Purchase and Sale Agreement for the property. However, there is a clause in the agreement that states that Mr. Robare has the right to occupy the premise until such time as it is passed along through a payment plan for the property. The title will pass once all payments have been made. Reports read from the following: Planning Department Confirm address, Family Dollar property is also using 235 Meadow Street. Property is zoned industrial, use is permitted in the zone. Per records (city) and the plan provided the sub-division of this property from the property where Family Dollar is being constructed has not been filed with the Hampden County Registry of Deeds. Until the subdivision is valid, a new address for this parcel cannot be obtained and no licenses should be granted. Engineering Department 235 Meadow Street ‘rear’ is not an acceptable address. New lot has not been recorded yet. Fire Department Fire engine travel path shows minimum turning radii. Several parking spaces shall be eliminated to allow turning of fire apparatus. Also, reverse turn to exit is a major concern. Turning radius must be provided at exist also. 8 Councilor Laflamme stated that in the past the Council required that businesses in this area must have street frontage. He has concerns granting a license to a business that has no street frontage. Councilor Laflamme asked who owns the right of way. Mr. Robare stated that no one owns it. Councilor Laflamme further asked if cars will be towed and stripped. Mr. Rivera stated that the property will be used mainly for storage. No customers will be coming to the property. Mr. Rivera stated that if he sells parts he will personally deliver the parts to his customers. Councilor Laflamme stated that Engineering Department has no number for this parcel. The Engineering Department does not issue “rear” as a number. Councilor Laflamme is also concerned about Fire Department access to the property in case of emergency. Councilor Zaskey asked if Mr. Rivera has his own tow trucks. He replied that he has 4. The trucks will only be coming to the property to deliver and pick up. The trucks will not be stored on the property. Mr. Rivera stated that the trucks will be parked in Springfield. Mr. Rivera stated that cars will be stored on the property. Some may be sold some may be stripped and parts will be sold. Mr. Robare stated that on 2 occasions he had fires at his property and the fire trucks were able to access the property. Councilor Laflamme stated that at one time Mr. Robare owned the entire parcel which allowed fire trucks ample room to come in and turn around. Councilor Laflamme stated that a new plan should be provided that meets the requirements of the Fire, and Engineering, a new valid address that has been recorded with the Registry of Deeds, a legal subdivision with address must be obtained, no street frontage. The committee provided Mr. Rivera and his attorney the Department’s Review Comments. Dan Garvey stated that if the applicant has new information available by June 19th they can be added to the June 26th License agenda. Public Input Ed Tofil, 256 Meadow Street, asked who Meadow Auto Parts is. Motion made by Councilor Laflamme and second by Councilor Krampits to postpone to the call of the chair. Committee vote 4 – 0 favorable. ITEM #10 Minutes – April 24, 2017 Motion made by Councilor Laflamme and second by Councilor Zaskey to approve. Motion passed. Meeting adjourned at 8:24 PM. 9