City Council - License Committee

City of Chicopee City Council License Committee Members William Zaskey, Chair Fred Krampits, Vice Chair Frank Laflamme Shane Brooks Stan Walczak APPROVED MINUTES July 24, 2017 The following are the minutes of a public hearing held Monday, July 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, Krampits, Brooks Not Present Walczak, Laflamme Also Present Daniel Garvey (Associate City Solicitor), John Beaulieu (Mayor Chief of staff), Carl Dietz (Building Commissioner) 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 Class I License for Springfield Automotive Partners, LLC d/b/a Mercedes- Benz of Springfield located at 295 Burnett Road. Applicant Peter Wirth 22 Briarwood Ct. Woodcliff Lake, NJ 07677 Rich Hess was present Department Recommendations Health Department No concern at this time. Planning Department Property is zoned industrial; use is permitted 1 Project has already been approved by Planning Board and received a Special Permit from City Council. Engineering Department Project has gone through site plan review process. Review process. No engineering comments. Fire Department 1. The business shall comply with 527 CMR 1.00 (Massachusetts Comprehensive Fire Safety Code) Section 10, General Safety Requirements; Chapter 20, 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 Garage). 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 dat. (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. Extensive review completed as part of the site plan review process. Conditions Hours of Operation Good Housekeeping Mon. 7-8 Tues. 7-8 No outside storage Wed. 7-8 Thurs. 7-8 No Junk cars Fri. 7-6 Sat. 7-6 No outside repairs Sun. 11-4 License holder must secure a Certificate of Occupancy prior to exercising the rights granted under this license. Total number of cars 150 Councilor Brooks motion to approve – Councilor Zaskey 2nd the motion – motion passed Committee vote 3 – 0 favorable 2 ITEM #2 Application for an Auto Repair License for Springfield Automotive Partners, LLC d/b/a Mercedes-Benz of Springfield located at 295 Burnett Road. Applicant Peter Wirth 22 Briarwood Ct. Woodcliff Lake, NJ 07677 Department Recommendations same as above Conditions Hours of Operation Good Housekeeping Mon. 7-8 Tues. 7-8 No outside storage Wed. 7-8 Thurs. 7-8 No Junk cars Fri. 7-6 Sat. 7-6 No outside repairs Sun. 11-4 License holder must secure a Certificate of Occupancy prior to exercising the rights granted under this license. Total number of cars 100 Councilor Brooks motion to approve – Councilor Zaskey 2nd the motion – motion passed Committee vote 3 – 0 favorable ITEM #3 Application for an Auto Detailing License for Springfield Automotive Partners, LLC d/b/a Mercedes-Benz of Springfield located at 295 Burnett Road. Applicant Peter Wirth 22 Briarwood Ct. Woodcliff Lake, NJ 07677 Department Recommendations same as above Fire Department 13. The business shall comply with 527 CMR 1.00 (Massachusetts Comprehensive Fire Safety Code) Section 10, General Safety Requirements; Chapter 20, Motor Fuel Dispensing facilities and repair garages; Section 13.6, Portable Fire Extinguishers; Chapter 60, Flammable and Combustible Liquids (Only Approved Flammable Storage Cabinets) 14. Applicant will be required to obtain all necessary permits. (527 CMR 1.00, Chapter 1.12) 3  15. The storage, handling and mixing of flammable and combustible liquids shall meet the requirements of NFPA 30, Flammable and Combustible Liquids Code. 16. Applicant shall adhere to applicable sections of NFPA 30A (Code for Motor fuel Dispensing facilities and Repair Garage). 17. Maintain access for emergency vehicles at all times. 18. No storage of junk vehicles 19. Appropriate fire extinguishers are required. The number of extinguishers required will be determined at a later dat. (527 CMR 1.00 section 13.6) 20. Spray painting operations shall not be conducted without approved spray booth. 21. A permit for the storage of waste oil may be required. 22. Proper address numbering as required in Code of the City of Chicopee. 23. Dumpsters shall be located at least 25’ away from building. 24. Permits and Building/Fire inspections shall be completed prior to opening for business. Conditions Hours of Operation Good Housekeeping Mon. 7-8 Tues. 7-8 No outside storage Wed. 7-8 Thurs. 7-8 No Junk cars Fri. 7-6 Sat. 7-6 No outside repairs Sun. 11-4 License holder must secure a Certificate of Occupancy prior to exercising the rights granted under this license. Total number of cars 50 Councilor Brooks motion to approve – Councilor Zaskey 2nd the motion – motion passed Committee vote 3 – 0 favorable ITEM #4 Application for a Class II License for IDX Motorsports located at 165 Front Street, Bldg. A, AB- 02. Also known as 153 Front Street. Applicant Ruben V. Rosa 88 Lakeside Street Springfield, MA 01109 Applicant was present he stated he wants to open a small motorcycle shop in downtown Chicopee to serve the local community. Lee Pouliot stated that the application says 165 Front Street but the site plan that was done notes that the building has an address of 153 Front Street. It’s more of a conformation. He stated that there might be addresses assigned by Engineering for each useable space. Lee stated he will get a confirmation out of the Engineering Department. Attorney Garvey stated that if we can’t get a confirmation from Engineering you may want to put 165 Front Street also known as 153 Front Street. 4 Carl Dietz stated that we need an understanding what the separations are. I think we’ll need an architect to come in and do a code review of what the new use group requires in terms of separation from other uses and to evaluate the existing sprinkler system to be adequate for the load that’s in there. Ruben Rosa stated he will just be doing sales. The only repairs we will be doing are to place the motorcycles that we purchase on the showroom. He stated that he will not be offering any type of mechanical service. The warranty that he will provide are the guidelines that are set by the state of Massachusetts. Carl Dietz stated to make it contingent on getting an issuance of an occupancy permit, that would be more than adequate. Attorney Garvey stated they can pick up the license but they can’t use it until there’s been a Certificate of Occupancy issued. Department Recommendations Building Department Shall require a building investigation and evaluation report along with a code review to outline what if any, modifications to the existing structure will be required based on the change of occupancy. Report and code review to be done by Massachusetts design professionals per section 104, and chapter 9 of the International existing Building code. Fire Department 25. The business shall comply with 527 CMR 1.00 (Massachusetts Comprehensive Fire Safety Code) Section 10, General Safety Requirements; Chapter 20, Motor Fuel Dispensing facilities and repair garages; Section 13.6, Portable Fire Extinguishers; Chapter 60, Flammable and Combustible Liquids (Only Approved Flammable Storage Cabinets) 26. Applicant will be required to obtain all necessary permits. (527 CMR 1.00, Chapter 1.12) 27. The storage, handling and mixing of flammable and combustible liquids shall meet the requirements of NFPA 30, Flammable and Combustible Liquids Code. 28. Applicant shall adhere to applicable sections of NFPA 30A (Code for Motor fuel Dispensing facilities and Repair Garage). 29. Maintain access for emergency vehicles at all times. 30. No storage of junk vehicles 31. Appropriate fire extinguishers are required. The number of extinguishers required will be determined at a later dat. (527 CMR 1.00 section 13.6) 32. Spray painting operations shall not be conducted without approved spray booth. 33. A permit for the storage of waste oil may be required. 34. Proper address numbering as required in Code of the City of Chicopee. 35. Dumpsters shall be located at least 25’ away from building. 36. Permits and Building/Fire inspections shall be completed prior to opening for business. Engineering Department 5 Plan highlights 3153? #165 has no garage bays for vehicles? Use appears to be office space Planning Department Confirm accurate address: plan says 153 Front Street/Application says 165 Front Street. Property is zoned Industrial; use is permitted. Required parking = confirm number of repair stalls to ensure adequate parking Planning staff believes 5 spaces are appropriate. Engineering to confirm location of nearest crosswalk. Conditions Hours of Operation Good Housekeeping Mon. 9-5 Tues. 9-5 No outside storage Wed. 9-5 Thurs. 9-5 No Junk cars Fri. 9-5 Sat. 9-2 No outside repairs Sun. Closed License holder must secure a Certificate of Occupancy prior to exere1 cising the rights granted under this license. Total number of vehicles 15 inside Employee 1 Contingent on total Building review Councilor Brooks motion to approve – Councilor Zaskey 2nd the motion – motion passed. Committee vote 3 – 0 favorable ITEM #5 Application for an Auto Repair License for IDX Motorsports located at 165 Front Street, Bldg. A, AB-02. Also known as 153 Front Street. Applicant Ruben V. Rosa 88 Lakeside Street Springfield, MA 01109 Conditions Hours of Operation Good Housekeeping Mon. 9-5 Tues. 9-5 No outside storage Wed. 9-5 Thurs. 9-5 No Junk cars Fri. 9-5 Sat. 9-2 No outside repairs Sun. Closed License holder must secure a Certificate of Occupancy prior to exercising the rights granted under this license. 6 Total number of vehicles 15 inside Employee 1 Contingent on total Building review Committee vote 3 – 0 favorable ITEM #6 Application for a change of hours of operations on a Service Station License from 5 AM to Midnight to 24 hours for Cumberland Farms at 1061 Memorial Drive. Applicant Thomas Reidy 6 South East Street Amherst, MA 01002 Attorney Thomas Reidy representing Cumberland Farms was present. He stated that the current hours are from 5:00 am until midnight and what we are requesting is to be open for twenty four hours and nothing else on the site is changing. Public Input Chalene Giguere, 6 Falmouth Road stated that she is directly across the street from this location. She stated she has had nothing but trouble with this location since she purchased her home ten years ago. The management does not care when there are issues and problems coming from that store. It took seven years to finally get peace and quiet for a few hours out of the night which I’m entitled to as a citizen and a human being. My window is right at the property. She stated she works hard, she has a family and it would not be fair. I have no complaints during the hours that they’re open even though there’s a lot of shady business that goes on over there. It’s in a prime location and there are all kinds of unsavory people that do a lot of things on that property. If these hours are extended it’s just going to get worse. Chris Adams, 640 Pendleton Ave. stated that he purchased his house sixteen years ago back when Cumberland Farms use to face parallel with Memorial Drive. It now faces Pendleton which increases traffic, trash and noise. He stated that the lights of the store are in his back yard twenty four hours. They leave them on because of break-ins. He stated that the Police actually caught a suspect hiding under his pool deck. You get the motor vehicle noise on top of the music playing. Eight out of ten people that are out that late are probably coming from a bar. I would just like to have the same as these people here, a few hours of peace and quiet. He rather it stay the way it is instead of going twenty four hours. John Martin, 56 Montcalm Street stated that 5:00 AM until midnight is plenty of time to get your milk, cigarettes and all that’s necessary. CVS on Memorial Drive is already open twenty four hours. The Cumberland Farms lights on Montcalm Street are also left on all night. He stated that 7 nothing good happens after midnight and he sees no reason for the store to be open passed midnight. He stated that you are just asking for more noise. Chalene Giguere stated that Raymond Chevalier, 19 Falmouth wanted to be here tonight. She stated that he is opposed to the extra hours. Councilor Tillotson stated that he has received calls from Mrs. Zulkiewicz and Mr. Chevalier saying that they are opposed to this. He is representing the folks that have called him but are too old to attend the meeting tonight. He stated that from the calls he is receiving there isn’t much good that will happen between the hours of twelve and five. They have had problems before when they were open for twenty four hours. There are abutters on each side, and I really don’t see the need for it. He stated that the majority of the people that he’s talked to in that area are opposed to it. Attorney Thomas Reidy stated he would like the opportunity to go back to Cumberland Farms and have them reach out to the neighbors to see if there is anything they could do in order to see this through. He stated that if there’s no way for this to go forward because of this opposition then it’s just a withdrawal. Planning Department Property is zoned Business A; use is permitted. Proposal is to extend hours of operation for the existing use. Planning sees no detriment and is not aware of any issues with abutting residential neighbors. Recommend approval Engineering Department No Comments Health Department Will need a more detail plan if interior modifications are going to be made. Fire Department 37. The business shall comply with 527 CMR 1.00 (Massachusetts Comprehensive Fire Safety Code) Section 10, General Safety Requirements; Chapter 20, Motor Fuel Dispensing facilities and repair garages; Section 13.6, Portable Fire Extinguishers; Chapter 60, Flammable and Combustible Liquids (Only Approved Flammable Storage Cabinets) 38. Applicant will be required to obtain all necessary permits. (527 CMR 1.00, Chapter 1.12) 39. The storage, handling and mixing of flammable and combustible liquids shall meet the requirements of NFPA 30, Flammable and Combustible Liquids Code. 40. Applicant shall adhere to applicable sections of NFPA 30A (Code for Motor fuel Dispensing facilities and Repair Garage). 41. Maintain access for emergency vehicles at all times. 42. No storage of junk vehicles 8  43. Appropriate fire extinguishers are required. The number of extinguishers required will be determined at a later dat. (527 CMR 1.00 section 13.6) 44. Spray painting operations shall not be conducted without approved spray booth. 45. A permit for the storage of waste oil may be required. 46. Proper address numbering as required in Code of the City of Chicopee. 47. Dumpsters shall be located at least 25’ away from building. 48. Permits and Building/Fire inspections shall be completed prior to opening for business. Councilor Brooks motion to postpone to the call of the chair – Councilor Zaskey 2nd the motion – motion passed. ITEM #7 Application for a change of hours of operations on a Service Station License from 5 AM to Midnight to 24 hours for Cumberland Farms at 37 Montcalm Street. Applicant Thomas Reidy 6 South East Street Amherst, MA 01002 Public Input John Martin, 56 Montcalm Street stated again that he does not see the need for Cumberland Farms to be open for twenty four hours. John Beaulieu 20 Willow Street stated that he is directly across from the property. He stated that the lights are on all the time. They have had several break-ins there over the last several years. He doesn’t see the need for gas to be pumped from twelve to five. From my pool deck I see what’s going on at night and you can hear it. He stated that they are a good neighbor and he doesn’t see any other problems while they are open. He stated that he is opposed to it. Planning Department Property is zoned Business A; use is permitted. Proposal is to extend hours of operation for the existing use. Planning sees no detriment and is not aware of any issues with abutting residential neighbors. Recommend approval Engineering Department No Comments Health Department No concerns at this time Fire Department 9  49. The business shall comply with 527 CMR 1.00 (Massachusetts Comprehensive Fire Safety Code) Section 10, General Safety Requirements; Chapter 20, Motor Fuel Dispensing facilities and repair garages; Section 13.6, Portable Fire Extinguishers; Chapter 60, Flammable and Combustible Liquids (Only Approved Flammable Storage Cabinets) 50. Applicant will be required to obtain all necessary permits. (527 CMR 1.00, Chapter 1.12) 51. The storage, handling and mixing of flammable and combustible liquids shall meet the requirements of NFPA 30, Flammable and Combustible Liquids Code. 52. Applicant shall adhere to applicable sections of NFPA 30A (Code for Motor fuel Dispensing facilities and Repair Garage). 53. Maintain access for emergency vehicles at all times. 54. No storage of junk vehicles 55. Appropriate fire extinguishers are required. The number of extinguishers required will be determined at a later dat. (527 CMR 1.00 section 13.6) 56. Spray painting operations shall not be conducted without approved spray booth. 57. A permit for the storage of waste oil may be required. 58. Proper address numbering as required in Code of the City of Chicopee. 59. Dumpsters shall be located at least 25’ away from building. 60. Permits and Building/Fire inspections shall be completed prior to opening for business. Councilor Brooks motion to postpone to the call of the chair – Councilor Zaskey 2nd the motion – motion passed ITEM #8 Application for a name change on Auto Repair License for Brakes Plus. Change name to – Used Tire Maxx, LLC. Applicant Moshe Ronen 519 Front Street Chicopee, MA 01013 Applicant was present he stated that he has been at this location for fifteen years and it’s been a struggle. Cars today come with a one hundred thousand mile bumper to bumper warranty. Cars are lasting longer because they’re built very well. He stated that we’ve noticed in the last couple years a big demand for used tires so this is a nice niche for us to survive so we are changing the name. Councilor Zaskey stated that there is some concern on the part of the City that you owe taxes from 2015, 2016, 2017 on personal property, 2017 real-estate taxes and some water bills. Moshe Ronen stated he is working with Marie LaFlamme on paying the bills. Councilor Zaskey stated do you feel these taxes will be paid by the end of the year. Moshe Ronen answered absolutely 10 Councilor Krampits motion to approve the name change – Councilor Zaskey 2nd the motion – motion passed Taxes must be paid in full by end of calendar year 2017 Committee vote 3 – 0 favorable ITEM #9 – Postponed 6/26/2017 to address Planning & Engineering Concerns 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 Al Lafleur was present he stated that he met with the gentleman about this encroaching on the other property line. What we’ve come up with is to put berm all the way across so we will not encroach on anybody and the entrance should be fine. Lee Pouliot stated that this will keep cars off the pavement that’s over the property line. The issue remains that there’s pavement associated with property that’s off property that needs to be addressed somehow. Al Lafleur stated he has tried to reach the owner several times. Lee Pouliot requested an updated plan be sent over with the footprints of the tanks. Fire Department 61. The business shall comply with 527 CMR 1.00 (Massachusetts Comprehensive Fire Safety Code) Section 10, General Safety Requirements; Chapter 20, Motor Fuel Dispensing facilities and repair garages; Section 13.6, Portable Fire Extinguishers; Chapter 60, Flammable and Combustible Liquids (Only Approved Flammable Storage Cabinets) 62. Applicant will be required to obtain all necessary permits. (527 CMR 1.00, Chapter 1.12) 63. The storage, handling and mixing of flammable and combustible liquids shall meet the requirements of NFPA 30, Flammable and Combustible Liquids Code. 64. Applicant shall adhere to applicable sections of NFPA 30A (Code for Motor fuel Dispensing facilities and Repair Garage). 65. Maintain access for emergency vehicles at all times. 66. No storage of junk vehicles 67. Appropriate fire extinguishers are required. The number of extinguishers required will be determined at a later dat. (527 CMR 1.00 section 13.6) 68. Spray painting operations shall not be conducted without approved spray booth. 69. A permit for the storage of waste oil may be required. 70. Proper address numbering as required in Code of the City of Chicopee. 71. Dumpsters shall be located at least 25’ away from building. 72. Permits and Building/Fire inspections shall be completed prior to opening for business. 11 Engineering Department Valves shown, size and perimeter of underground tanks not represented. Proper H.C. Parking not represented – see prior comment. Will pavement over property line be removed? Building Department No concerns. New owner shall secure a certificate of occupancy from the Building Department. Planning Department Property is zoned business A; use is permitted. Parking in revised plan is adequate Addition of cape style berm reduces potential of use of southern most curb cut. Pavement over property line needs to be removed or easement granted with any associated conservation filings or an easement granted Ensure no vehicles access between new berm and existing Montgomery Street Island at curb cut. Councilor Krampits motion to approve with the existing restrictions – Councilor Brooks 2nd the motion – motion passed. Add footprint of storage tank Berm will be added to separate property line Committee vote 3 – 0 favorable ITEM #10 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 Councilor Brooks motion to postpone to the call of the chair – Councilor Zaskey 2nd the motion – motion passed. ITEM #11 Councilor Krampits motion to approve the Minutes – June 26, 2017 Councilor Zaskey 2nd the motion – motion passed Meeting adjourned at 7:40 PM. 12 13