City Council - License Committee

City of Chicopee City Council License Committee Accepted 11-26-2018 Members Stanley Walczak, Chair Fred Krampits, Vice Chair Shane Brooks Frank Laflamme Derek Dobosz MINUTES October 29, 2018 The following are the minutes of a public hearing held Monday, October 29, 2018 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Walczak, Krampits, Laflamme, Absent Brooks, Dobosz Also Present Carl Dietz (Building Commissioner), Attorney Daniel Garvey (City Assistant Solicitor), Councilor Courchesne, Councilor Balkier, Councilor Zygarowski. The meeting was called to order at 6:33 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 200 Exchange Street. Applicant Richard Lauzon 5 Wilder Terrace West Springfield, MA 01089 New Owner: Maxx Vapors Inc. Treasurer/Owner Jeff Dean 200 Exchange Street Applicant Jeff Dean was present he stated that they will be selling and repairing used appliances and getting rid of scrap appliances. He stated just mostly retail sales. Councilor Walczak stated that this is a swap in ownership. Jeff Dean stated that there was some confusion with the application and we were told if we come here tonight we could amend it with the right address and owner. Attorney Garvey stated we just need to know the correct business name. 1 Jeff Dean stated that the correct business name is Maxx Vapors Inc. He stated that it’s from my previous business and we kept the same name. Council Krampits stated that it looks like there will be two Junk Dealer licenses. Councilor Laflamme agreed. Councilor Krampits asked if we grant this license tonight do we have to void the current license. Attorney Garvey stated that once this license is issued to Max Vapors Inc. he assumes Mr. Lauzon will turn in his Junk Dealers license. He stated if you wanted you can condition the issuance of the current license to be surrendered at the same time as the pick-up of the new license. Councilor Walczak stated that regarding the real-estate taxes it reads; Landlord should be responsible for real-estate taxes through the City of Springfield. Councilor Laflamme stated that is a typo and to change it to City of Chicopee and both parties initial them. Planning Department Property is zoned Business B retail trade is permitted in the zone (275-59(B)(20)). Planning is aware that a Junk Dealers license has already been issued for this property Planning requires additional information regarding this second license request to ensure the second license would not create any zoning violations. Recommend the request be tabled until additional information is provided. Councilor Zygarowski asked are you opening a Vap shop. Jeff Dean answered absolutely not. He stated that the sign will stay the same as Gigueres Appliances. Engineering Department No Concerns Fire Department 1.) The business shall comply with the following 527 CMR 1 Massachusetts Comprehensive Fire Safety Code. 2.) Fire extinguisher(s) are required in the place of business. Size and quantity will be determined at a later date. 527 CMR 1; Section 13.6. 3.) The applicant must contact the Fire Prevention Office to arrange an inspection of the establishment prior to opening. 4.) Proper address numbering per Code of City of Chicopee. Councilor Laflamme motion to approve with restrictions – Councilor Krampits 2nd the motion – motion passed Restrictions Fire and Building requirements be met Former License holder will surrender his current license to the City Clerk Committee vote 3 – 0 favorable ITEM #2 Application for a Class II License for C & H Auto Sales, Inc., d/b/a Champion Auto Deals located at 415 East Street. 2 Applicant Abbas Hamdan 203 Hannoush Drive West Springfield, MA 01089 Abbas Hamdan was present with Bruno Calouro, 40 Emily Lane Belchertown. Abbas Hamdan stated that two years ago we got a class II license but we never opened the business and it expired. He stated we wanted to buy the building instead of leasing it, so there was some conflict. He stated that we bought the property and would like to get the license back. Councilor Walczak asked what kind of outdoor lighting is at this facility. Abbas Hamdan answered there is pole lighting and he will add some more lighting as well. He stated that the dumpster will also be taken out. 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. (52 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 Cod of the City of Chicopee. 11. Dumpster shall be located at least 25’ away from building. 12. Permits and Building/Fire inspections shall be completed prior to opening for business. Engineering Department Any site work needs further approval by the Engineering Department. Planning Department Property is split zoned, Business A and Resident A. Use proposed for the Business A portion is allowed – no uses proposed in the Residential A portion of the property. Adequate customer parking provided; no parking in Residential A portion of the property without a Special Permit. Concern regarding movement of vehicles near East Street and customer parking. Request that unused curb cut be permanently closed with curbing. Conditions Good housekeeping No outside storage 3 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 25 Outside 20 Employee 1 Customer 3 Handicap spot 1 Hours of operation: Mon 9-8 Tues 9-8 Wed 9-8 Thurs 9-8 Fri 9-8 Sat 9-5 Sun 10-4 Restrictions Meet the Fire, Building and Engineer requirements Councilor Laflamme motion to approve with restrictions – Councilor Krampits 2nd the motion – motion passed Committee vote 3 – 0 favorable ITEM #3 ORDERED THAT Honeyland Farms, 206 Newbury Street, be called in before the City of Chicopee License Committee and City Council to discuss the status of the requested site plan for the business. Ghulam Bari was not present. Councilor Balkier stated that we are interested in a site plan. He stated it looks like they did some painting regarding Handicap signage. Councilor Walczak stated that Ghulam Bari notified the Council office that he will be out of the country on vacation and he will be available for the November 26, 2018 meeting. Councilor Krampits motion to postpone to the call of the chair until the November 26, 2018 meeting at 6:30 pm – Councilor Laflamme 2nd the motion – motion passed Committee vote 3 – 0 favorable ITEM #4 Application for a Class II License for Economy Auto Service located at 957 Meadow Street. Applicant Ariel Ortiz 32 Lawn Street South Hadley, MA 01075 Applicant was not present. Councilor Krampits motion to postpone to the call of the chair until the November 26, 2018 meeting at 6:30 PM – Councilor Laflamme 2nd the motion – motion passed 4 Committee vote 3 – 0 favorable ITEM #5 ORDERED THAT Top Dog Auto Service, 238 Meadow Street, be called before the City of Chicopee License Committee and City Council to discuss the license (s) currently held by Top Dog Auto Service including compliance with restrictions imposed upon any licenses held by Top Dog Auto Service. The Council may modify, suspend, fine, or revoke any license held by Top Dog Auto Service. George Bruso was not present. Councilor Courchesne stated that he’s had over a year to come into compliance and never has. He stated that if he did sell his business, no one should be operating out of there. Councilor Walczak stated that there were two companies that required waste oil permits that can all be obtained by the Fire Department. He stated that the other business filed for a permit and paid for it but Top Dog Auto Service indicated that they no longer require a waste oil permit so we are in the process here of trying to figure out what is going on. Carl Dietz stated that if the property is closed there should be a record. Councilor Laflamme stated to have the Building Commissioner look at it, verify it and then put a cease and desist after that. Councilor Courchesne stated that they are working on cars at night and on the weekends. Attorney Garvey stated that it really depends on what exactly they’re doing at this location. He stated if they are working on cars then you can order a cease and desist. Councilor Laflamme stated that just the other day they had trailers there blocking the roads. Attorney Garvey stated he will work with the Building Commissioner to see what they are doing there and if they require a license. Councilor Laflamme motion to have the Building and Law Departments research the owner’s current license and continue the November 26, 2018 meeting at 6:30 PM for future compliance – Further action Police Department monitor the current operation – Councilor Krampits 2nd the motion – motion passed Committee vote 3 – 0 favorable ITEM #6 Councilor Laflamme motion to approve the minutes of August 27, 2018 – Councilor Krampits 2nd the motion – motion passed Meeting adjourned at 7:20 PM 5