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 November 6, 2017 The following are the minutes of a public hearing held Monday, November 6, 2017 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Krampits, Walczak, Laflamme Not Present Brooks, Zaskey Also Present Daniel Garvey (Associate City Solicitor) Carl Deitz (Building Commissioner) The meeting was called to order at 6:32 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 Junk Dealer’s License at 207-209 Meadow Street. Applicant: Daniel J. Cloutier Dan’s Appliances 207-209 Meadow Street Chicopee, MA 01013 Daniel J. Cloutier stated that he uses his garages in the back for storing home appliances and mostly parts. He stated it keeps the cost down for repairing. Engineer Department No Comments Fire Department 1. Business shall comply with applicable sections of the Massachusetts Comprehensive Fire Safety Code (527CMR 1.00) 1  2. Fire Extinguisher(s) are required in the place of business. Size and quantity will be determined at a later date. (527CMR 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 City of Chicopee. Planning and Conservation Property is zoned Business A; retail sales are permitted in the district. However, the primary use on the property is residential. Property is located within a block of multifamily structures that are legally non-conforming. Business needs to secure a home occupancy permit. Concern related to supplying required off street parking for customers. Concern related to property maintenance and storage of used appliances (see attached) Councilor Krampits asked how many customers will you expect. Daniel J. Cloutier answered his clientele is elderly and he does more parts and repair. Conditions M-F 8am – 5pm Sat 8am – 12pm No Sunday No outside storage & Good housekeeping Councilor Laflamme motion to approve – Councilor Walczak 2nd the motion – motion passed Committee vote 3 – 0 favorable Item #2 Application for a Hawker’s & Peddlers License at 872 Meadow Street. Applicant: Francisco Martinez 57 Merwin Street Springfield, MA 01107 Louis Colon DPW Highway was present at the meeting to translate for the applicant. Francisco Martinez was present. Councilor Krampits stated that the applicant is applying for a license to sell souvenirs, small flags and hats outside on lawn tables from Thursday until Sunday at 872 Meadow Street. Louis Colon spoke on his behalf that since Franciso Martinez has been selling his items, the restaurant has been getting more customers. Councilor Walczak stated that he has been by there and it looks well-kept and very organized. Louis Colon stated that Mr. Martinez has full approval from the owner. Carl Deitz stated that he has no objection; it is a permitted use there. He stated the only question he has is on the front porch that we don’t have any conflicts with the vehicles. Councilor Laflamme asked if there are dedicated parking spaces for customers stopping to buy souvenirs. Louis Colon stated that there is plenty of parking for that. 2 Engineering Outdoor set-ups cannot be within the city right of way. Planning Conservation Property is zoned business A; Retail sales are permitted in the district. Ensure that the tables setup outside do not interfere with access to and from the building Fire Department No sale of prohibited items. Restrictions Set up on the porch of the restaurant Monday – Sunday 10:30 am – 6:00 pm Councilor Walczak motion to approve with restrictions- Councilor Krampits 2nd the motion- motions passed Committee vote 3 – 0 favorable Item #3 ORDERED THAT Kaput’s Auto Body, Inc. be called before the City of Chicopee License Committee and City Council to discuss the license (s) currently held by Kaput’s Auto Body, Inc., including compliance with restrictions imposed upon any licenses held by Kaput’s Auto Body. The Council may modify, suspend, fine, or revoke any license held by Kaput’s Auto Body, Inc. Steve Powell 33 Tacoma Street, Springfield, Mass. and Alan Beaudry 42 Monroe Street were present. Councilor Laflamme stated that he has been to Kaputs with Councilor Brooks and he is ok with this but wants to make sure the number of cars follows the license that is there. Councilor Laflamme stated the area has been cleaned. The trees have been pruned and eventually will be taken down. Councilor Laflamme asked when the bigger trees will be taken down. Alan Beaudry stated that they took the smaller ones down themselves. The bigger trees will have to be removed professionally and that will be down in the spring time. Planning Department This letter is in reference to the current License Holder, operating at 226 Granby Road; known as Kaput’s Auto Body, Inc. In reviewing the Planning Department’s review comments submitted to the License Committee around January 25, 2017, Planning Staff noted the following; The approved site plan depicts five (5) repair stalls which require 10 parking spaces (one of which much be designated for handicap patrons); Screening in the form of a 6’ solid fence or evergreen hedge is required to be maintained along property lines abutting residential uses. During scheduled site visits for other projects, Planning Staff noted deviation from the approved site plan that should be noted as follows: 3 Existing White Pines at the northern property line that served as adequate evergreen hedge have been pruned to remove lower branches, effectively eliminating the evergreen screen. A solid fence or additional vegetation will need to be added to re-establish a screen along this property line. Stockade fencing has been added to the property that does not follow what was initially depicted on the approved site plan. This added fencing may impact public safety access to the rear of the property and should be reviewed by the Police and Fire Departments. The arrangement of parking differs from the approved site plan and should be reviewed by the Police and Fire Departments for adequate access. Two (2) Donation bins have been added to the Fisher Road side of the property. If these bins are not licensed they should be reviewed or removed from the property. The photos attached to this letter are from a site visit conducted on October 12, 2017. Should you have any questions regarding the enclosed materials, please feel free to contact the Planning Department at any time. Restrictions 1. Continue monitoring – Building Department (Cars Removed) 2. Replaces trimmed trees with fencing. 3. Maintain limit on number of cars. Councilor Walczak motion to continue the license with restrictions – Councilor Krampits 2nd the motion – motion passed. Motion to continue license with additional mentioned restrictions. Committee vote 3 – 0 favorable Item #4 Application for a Class II license for Alansari Auto Sales & Repair, LLC located at 926 Front Street. Applicant Abdulwahab Mustafa 33 Chapel Street Chicopee, MA 01020 Applicant was present Councilor Krampits stated that the license references three bays; so should it be 926, 928 and 930 Front Street. Carl Dietz stated that it would clarify things much better. Abdulwahab Mustafa stated we have the license on the 926 Front Street and they all fall under that address. Councilor Krampits stated that we are going to modify the license so it reflects 928 and 930 Front Street as well on the license. Conditions 4 Good housekeeping Hours of Operation No outside storage Mon. 9-6 Tues. 9-6 Wed. 9-6 No junk cars Thurs. 9-6 Fri. 9-6 No outside repairs Sat. 9-3 Sun. Closed License holder must secure a Certificate of Occupancy prior to exercising the rights granted under this license Total number of vehicles 35 Inside 0 Outside 25 Employee 3 Customer 7 Total: 25 vehicles for sale No flat tires No parking in front of bays No broken glass All vehicles must be parked in designated number spaces No body damage Follow Fire Dept. regulations No inoperable vehicles Identify each vehicle with Alansari Auto Sales placard No auto body work or painting No loud music No large trucks or busses No outside work Fire Department 1. The business shall comply with 527 CMR 1.00 (Massachusetts Comprehensive Fire Safety Code) Section 10, General Safety Requirements; 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 Cod. 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. He 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; proposed use is permitted Cannot complete accurate parking calculation; Planning cannot determine from the plan provided how many repair bays are associated with 926 Front Street. Plan notes 13 spaces associated with 926, however Planning counts 15 spaces – please clarify (see map) Other spaces, unclear what is assigned to which tenant No handicap parking for 926 Front Street. 5 Councilor Laflamme motion to approve with restrictions – Councilor Walczak 2nd the motion – motion passed Committee vote 3 – 0 favorable Item #5 Application for an Auto Detailing License for Alansari Auto Sales & Repair, LLC located at 926 Front Street. Applicant Abdulwahab Mustafa 33 Chapel Street Chicopee, MA 01020 Conditions Good housekeeping Hours of Operation No outside storage Mon. 9-6 Tues. 9-6 Wed. 9-6 No junk cars Thurs. 9-6 Fri. 9-6 No outside repairs Sat. 9-3 Sun. Closed License holder must secure a Certificate of Occupancy prior to exercising the rights granted under this license Total number of vehicles 35 Inside 0 Outside 25 Employee 3 Customer 7 Total: 25 vehicles for sale No flat tires No parking in front of bays No broken glass All vehicles must be parked in designated number spaces No body damage Follow Fire Dept. regulations No inoperable vehicles Identify each vehicle with Alansari Auto Sales placard No auto body work or painting No loud music No large trucks or busses No outside work Fire Department 13. The business shall comply with 527 CMR 1.00 (Massachusetts Comprehensive Fire Safety Code) Section 10, General Safety Requirements; 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) 15. The storage, handling and mixing of flammable and combustible liquids shall meet the requirements of NFPA 30, Flammable and Combustible Liquids Cod. 16. Applicant shall adhere to applicable sections of NFPA 30A (Code for Motor Fuel Dispensing Facilities and repair garages) 17. Maintain access for emergency vehicles at all times 18. No storage of junk vehicles 19. Appropriate fire extinguishers are required. He number of extinguishers required will be determined at a later date. (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 6  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. Planning Department Property is zoned business A; proposed use is permitted Cannot complete accurate parking calculation; Planning cannot determine from the plan provided how many repair bays are associated with 926 Front Street. Plan notes 13 spaces associated with 926, however Planning counts 15 spaces – please clarify (see map) Other spaces, unclear what is assigned to which tenant No handicap parking for 926 Front Street. Councilor Laflamme motion to approve with restrictions – Councilor Walczak 2nd the motion – motion passed Committee vote 3 – 0 favorable Item #6 Application for an Auto Repair License for Alansari Auto Sales & Repair, LLC located at 926 Front Street. Applicant Abdulwahab Mustafa 33 Chapel Street Chicopee, MA 01020 Conditions Good housekeeping Hours of Operation No outside storage Mon. 9-6 Tues. 9-6 Wed. 9-6 No junk cars Thurs. 9-6 Fri. 9-6 No outside repairs Sat. 9-3 Sun. Closed License holder must secure a Certificate of Occupancy prior to exercising the rights granted under this license Total number of vehicles 35 Inside 0 Outside 25 Employee 3 Customer 7 Total: 25 vehicles for sale No flat tires No parking in front of bays No broken glass All vehicles must be parked in designated number spaces No body damage Follow Fire Dept. regulations No inoperable vehicles Identify each vehicle with Alansari Auto Sales placard No auto body work or painting No loud music No large trucks or busses No outside work Fire Department 25. The business shall comply with 527 CMR 1.00 (Massachusetts Comprehensive Fire Safety Code) Section 10, General Safety Requirements; Section 13.6, Portable Fire extinguishers; Chapter 60, Flammable and Combustible Liquids (Only Approved Flammable Storage Cabinets) 7  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 Cod. 28. Applicant shall adhere to applicable sections of NFPA 30A (Code for Motor Fuel Dispensing Facilities and repair garages) 29. Maintain access for emergency vehicles at all times 30. No storage of junk vehicles 31. Appropriate fire extinguishers are required. He number of extinguishers required will be determined at a later date. (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. Planning Department Property is zoned business A; proposed use is permitted Cannot complete accurate parking calculation; Planning cannot determine from the plan provided how many repair bays are associated with 926 Front Street. Plan notes 13 spaces associated with 926, however Planning counts 15 spaces – please clarify (see map) Other spaces, unclear what is assigned to which tenant No handicap parking for 926 Front Street. Councilor Laflamme motion to approve with restrictions – Councilor Walczak 2nd the motion – motion passed Committee vote 3 – 0 favorable Item #7 Application for an Auto Repair License for Jiffy Lube #119 located at 2017 Memorial Drive. Applicant Atlantic Coast Enterprises, LLC 12 High Street Norwalk, CT 06851 Applicant was not present. Councilor Walczak asked what is the situation with them working without a license. Attorney Garvey stated that they have submitted a Special Permit application but it will not go to committee until it has been signed off by the Planning Director and the Building Commissioner. Technically they’ve been operating without a license. Carl Deitz asked if the Applicant was notified. Councilor Krampits responded yes and showed the letter to Carl Deitz. 8 Planning Department Property is zoned business A; use is permitted within the zone New location for Jiffy Lube sign requires a Special Permit for relief from setback requirements. License should require the Special Permit be secured. Engineering Department Plan shows new sign location and installation New location is on existing concrete base. Applicant to supply purpose of previous sign removal from this location. Verify sign height will not interfere with low overhead wires. No engineering comments on license. 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. (527CMR 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 10’ away from building. 12. Permits and Building/Fire inspections shall be completed prior to opening for business. Councilor Laflamme motion to postpone to the call of the chair – Councilor Krampits 2nd the motion – motion passed. Committee vote 3 – 0 favorable Item #8 Minutes – August 28, 2017 Councilor Laflamme motion to approve the minutes – Councilor Krampits 2nd the motion - motion passed. Meeting adjourned at 7:45 PM. 9