City Council - License Committee

City of Chicopee City Council License Committee Members William Zaskey, Chair Fred Krampits, Vice Chair Frank Laflamme Shane Brooks APPROVED Stan Walczak MINUTES June 26, 2017 The following are the minutes of a public hearing held Monday, June 26, 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, Walczak 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 Service Station License at 1057 Montgomery Street for 75 Century, Inc., d/b/a Stop & Run. Applicant Amir Maqbool Pracha 10 Oakley Drive South Hadley, MA 01075 Amir Maqbool Pracha and Al Lafleur were present at the meeting. The following recommendations were read: Planning Department: Property is zoned Business A; use is permitted. Parking: 1 space/250 sq. ft. in public use = plan shows 11 spaces. See plan: 1. Pavement over property line needs to be removed or an easement granted. 2. Pavement over property line may be within wetland buffer area – an NOI to ConCom may be needed. 3. Southern most curb cut should not be used 4. Screening (fence or plantings) at southern property boundary 1  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 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. 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 Location of underground fuel storage tanks is not shown on plan. Handicap parking space must be van accessible – requires 8’ wide access aisle. The committee was not able to determine who owned the property that is mentioned in the Planning recommendations that requires an easement. The committee felt that the concerns of both the Planning Department and Engineering Department need to be addressed before they are able to take action. Motion made by Councilor Laflamme and second by Councilor Zaskey to postpone to the call of the chair. Motion passed. ITEM #2 Application for an Auto Repair License for Yankee Glass, Inc., located at 450 New Ludlow Road. Applicant Roy J. Sabourin 19 Charon Terrace South Hadley, MA 01075 Roy Sabourin and his attorney, James Baker, were present at the meeting. Recommendations read from the following departments: Planning Property is zoned Business B, proposed use is permitted. Additional property screening required, abutting residentially zoned parcels Existing pavement areas not setback from property lines in two areas Existing pylon signs in public right-of-way and need to be removed Ensure handicap logo installed on pavement with required sign for new handicap space. Engineering Handicap space is required to be van accessible. 8’ wide, 8’ access aisle Any additional site work proposed? 2 Fire 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. Attorney Baker stated that there are no proposed changes to the footprint of the building. He further stated that the proposal is for glasswork only no engine repairs or oil changes. 10% of the business is conducted on the premise the remaining work is done off site. Councilor Laflamme stated that he is concerned that the sign for the business is located on city property and needs to be relocated in order for the license to be granted. Councilor Brooks stated that the concrete setback in the back does not affect the homes in the rear because there are arborvitaes planted there. Councilor Brooks stated that he is not concerned about the screening. Recently a zone change was granted for a portion of the property and the abutters at the meeting did not have any issues. Since the abutting property is used by the Water Department he is not concerned about the screening. 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 Hours of operation M-F 8 AM – 5 PM, Saturday 8 AM to 12 Noon, closed Sunday Total number of vehicles 13 (2 inside 7 outside, 6 employee, 1 handicap) Approval pending on existing pylon sign be removed from public right of way, Handicap sign / logo be painted on ground Motion made by Councilor Laflamme and second by Councilor Zaskey to approve with conditions. Committee vote 5 – 0 favorable. ITEM #3 Application for an Auto Repair License for Economy Auto Service located at 957 Meadow Street. 3 Applicant Ariel Ortiz 32 Lawn Street South Hadley, MA 01075 Ariel Ortiz and Steve Salvini (Surveyor) were present. Reviews read from the following departments: Engineering Fire handicap space is required to be van accessible. 8’ wide, 8’ access aisle Any additional site work proposed Planning Property is zoned Business A & Industrial; auto repair is allowed within both zones Please confirm handicap space is located as close to the office door as possible Four (4) bays requires 8 parking spaces – plan shows adequate parking Please confirm access agreement for “single lane” access to the back of the property. Fire 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 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. Committee discussed the location of the handicap parking space. Mr. Salvini stated that it may appear that the handicap parking space would be better situated at another location of the property but with the layout of the property the proposed location is the best alternative. Committee felt that there should be striping from the handicap space to the building. 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 Hours of operation M- Saturday 8 AM – 4 PM, closed Sunday Total number of vehicles 13 (4 inside, 1 employee, 7 customer, 1 handicap) 4 Sign handicap parking Stripe walk for handicap to building Motion made by Councilor Laflamme and second by Councilor Zaskey to approve with restrictions. Committee vote 5 – 0 favorable. ITEM #4 Application for a Class II License for Mr. Clean Auto Detailing located at 1422 Granby Road. Applicant Evelyn Roman 71 Blunt Road Springfield, MA 01109 Applicant not present at the meeting. Committee requested that a letter be sent to the applicant. Motion made to postpone. Motion passed. ITEM #5 (Postponed for Plot Plan) 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. Mr. DeMarinis provided a plan to the committee. Reviewing departments have not seen this plan. Mr. DeMarinis stated that there is enough room for 5 parking spaces and he is only required to have 4. Councilor Krampits stated that he would like Lee to review the plan before the committee makes a recommendation. Councilor Laflamme stated that he has some concerns with the plan submitted. He felt that Lee Pouliot would have some concerns the way it is presented now. It’s missing streets, abutting properties and parking spaces are not identified by size. Councilor Krampits stated that he has concerns with the parking for this business. He feels that there will be no off street parking for this business. Recently a Special Permit was granted for 155 East Street for a two family dwelling. Councilor Brooks read the following email from Lee Pouliot to Edward Loiko: Dated June 12, 2017 If, in working on your site plan, it has been identified that you cannot meet the off-street parking requirement for the license, then I recommend you submit a Special Permit to waive the entire parking requirement for the business you are trying to license. In doing so, if the Council grants the special permit, you will no longer have a parking requirement to meet. If granted the special permit, your site plan will only need to show the location of your building and how pedestrians access it. You will not need to show any parking as you will no longer have a parking requirement to meet. The issue at hand is that per the City’s zoning regulations, a retail establishment is required to provide a certain amount of parking based upon the square footage of the building. The License Committee cannot license you to operate until that requirement is either met or waived via the special permit. 5 How is your site coming? Is there a draft I can review? Mr. Loiko stated that he and his partner have invested thousands of dollars into this business and would like to open and start making a profit. He further stated that they have tried to meet with a surveyor but the surveyor is very busy and a $1000 retainer is required. Attorney Garvey explained the Special Permit process to the applicant. Motion made by Councilor Brooks and second by Councilor Laflamme to approve on condition Planning Department is satisfied with parking issues. City Clerk will hold license until Planning Department requirements are met and conveyed to Clerk’s Office. Committee vote 5 – 0 favorable. ITEM #6 Minutes – May 22, 2017 Motion made by Councilor Laflamme and second by Councilor Walczak to approve. Motion passed. Meeting adjourned at 7:43 PM. 6