City Council - License Committee

City of Chicopee City Council License Committee APPROVED 10-26-2020 Members Stanley Walczak, Chair Fred Krampits, Vice Chair George Balakier Frank Laflamme Derek Dobosz MINUTES September 28, 2020 The following are the minutes of a public hearing held Monday, September 28, 2020 at 6:30 PM held in the Council Chambers, 4th floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present Walczak, Krampits, Laflamme, Dobosz, Balakier Also Present Attorney Daniel Garvey (Associate City Solicitor), Frank Boron (Assistant Building Commissioner), Captain Benjamin Turnberg, Councilor Galecki 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. Motion made by Councilor Laflamme and second by Councilor Walczak to take item #5 out of order. Motion passed. ITEM #5 BE IT ORDERED THAT Veteran 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 Veteran Auto Service including compliance with restrictions imposed upon any licenses held by Veteran Auto Service. The Council may modify, suspend, fine, or revoke any license held by Veteran Auto Service. Violations –Hours of Operation violation and license holder not on premise. Pablo Morales was present at the meeting. Mr. Morales stated that he had 2 family members that passed away due to COVID and he had to handle their affairs. That is why he could not be present at the business. He had an employee that was handling the operation of the business. He is now aware of the hours of operation; that they have not been adhered to. He also stated that when he was operating the business the hours were always adhered to. He is present at the business now and he will be enforcing the hours of operation. Councilor Courchesne stated that there is a trailer on the property without a Special Permit for over 12 months. The property is looking like a junk yard. Councilor Walczak asked Mr. Morales if he is transferring the business to another party. Mr. Morales stated that he understands the business cannot be transferred that the new owner will have to apply for new licenses. 1 Mr. Morales stated that he is assessing his situation and requested enough time to stay operational until he reaches a decision. By November 1st his decision should be made. Councilor Walczak asked Mr. Morales if he is aware that there is a new application for this property. Mr. Morales replied that he is not aware that someone had applied. Captain Turnberg stated that he visited the property last week and counted 32 cars on the property. Frank Boron stated that the trailer on the property is an issue and he will do a site visit. Councilor Walczak stated that there are issues with the operation of this business and it’s not just the internal things but physical assets that are on the property that do not belong there including vehicles, trucks, and storage units and they need to be replaced or removed. If this business is to continue he feels that the committee will not allow this type of operation to continue. Motion made by Councilor Laflamme and second by Councilor Walczak to postpone for 2 months to the call of the chair and the Fire and Building Departments review safety concerns at the property as soon as possible. Committee vote 5 – 0 favorable. ITEM #1 Application for a Service Station License for Feroz Nadir located at 1057 Montgomery Street. Nadir Feroz and Jack Crowley were present at the meeting. Mr. Feroz stated that he will be running the gas station and store as is. It is a transfer of ownership. He has run a gas station business in Pennsylvania previously. No. of pumps 2/4 No. of storage tanks 2 (8000) Type of fuel stored Regular/Premium Capacity of storage tanks 2 (8000) Hours of operation 5 AM to 10 PM Self Service – Yes Heating system used Propane Hours attendant is on premise Blank Type of service and repairs, if any No service repair Auxillary service or sales to be provided Convenience Store Mr. Feroz stated that the hours for the business are as follows: M-F 5 AM to 10 PM, Saturday 6 AM to 10 PM, and Sunday 7 AM to 10 PM. Reports read from the following departments: Planning and Conservation – Property is zoned Business A; use is permitted approval per plan. Building – Property is zoned Business A. Service Station is a permissible use within the Business A zoning district. The use has existed for some time now and it does not appear that any changes to the layout or use are planned at this time. The Building Department has no concerns with the issuance of the license. Mr. Feroz was informed that he will need to apply for a Business Certificate from the Building Department. Handicap spot is at the right of the store Parking spot by the road to remain no parking 2 Motion made by Councilor Laflamme and second by Councilor Walczak to approve with restrictions. Committee vote 5 – 0 favorable ITEM#2 BE IT ORDERED THAT Matt’s Auto Mall, LLC, 1840 Memorial Drive, come before the License Committee to review the currently held license and the license holder provide an update on the current business activity. Matthew Jensen was present at the meeting. He stated that he has moved the antique cars to the right of property, trade-ins have been removed, renting space in Belchertown. He currently has 9 cars that have been sold and are awaiting the owners to take care of RMV paperwork. The boats are gone. Councilor Laflamme stated that he has noticed that when Mr. Jensen receives his notice to appear before the committee he cleans up the property. Councilor Walczak asked how many vehicles are on the property. Mr. Jensen replied that there are 36; 9 of which are waiting for the buyers to pick up. Councilor Walczak stated that the rear of the trailer was of concern. There were plows, etc. stored there. Mr. Jensen stated that one plow has been removed and the other will be used for the property. Motion made by Councilor Laflamme and second by Councilor Walczak to place on file. Committee vote 5 – 0 favorable. ITEM #3 BE IT ORDERED THAT Olde Time Service located at 35 Gladdu Avenue be called in before the License Committee for operating without a license. Corey Kennedy was present at the meeting. Councilor Walczak stated that the concern is that Mr. Kennedy has been operating the business for several months without a license. The City Clerk has informed Councilor Walczak that an application has been picked up put never submitted. Mr. Kennedy stated that he has completed the application now and just needs to return the paperwork. He stated that he will be applying for an Auto Repair license. This is his first time running such a business and was not aware that he needed to apply. The business will have Mr. Kennedy and 2 employees operating the business. Councilor Balakier asked if Mr. Kennedy was subject to fines for operating without a license. Frank Boron stated that because Mr. Kennedy was issued a cease and desist letter from the Building Department that allows the Building to start fining the operator. $100 per day. Mr. Kennedy was asked if he received such letter. He replied that he did. Councilor Walczak asked if he paid the fine. Mr. Kennedy replied that he has not but that he is able to pay. Councilor Laflamme stated that since a cease and desist letter was received Mr. Kennedy needs to stop operation of the business until he is granted a license. 3 Councilor Walczak requested the Building Department and Fire Department to review the present business. Captain Turnberg stated that there are well over 100 tires at the property. He continued that there is waste oil stored that is not protected on site. Motion made by Councilor Laflamme and second by Councilor Walczak to place on file. Committee vote 5 – 0 favorable. ITEM #4 ORDERED THAT Tito’s Auto Sales, Inc. located at 357 Chicopee Street come before the License Committee to review the currently held licenses and the license holder provide an update on the current business activity. Jeffrey Jose was present at the meeting. The last time License Committee met there was discussion of the Class II license and the leased space for vans. Mr. Jose stated that he had an illness in the family and time passed since the last License meeting. The auction was closed for a few months. He continued that he was supposed to meet with Mr. Dietz from Building but has not done that yet. Frank Boron stated that Mr. Jose should call him to schedule an appointment to meet and discuss the business. Councilor Laflamme asked what the intent of the business is. There have not been cars there for sale. He continued that if Mr. Jose does not intend to sell vehicles from the property then the license should be surrendered. If Mr. Jose wishes to lease the property for vans that’s fine. But the committee needs to know what Mr. Jose intends to do with the property. Mr. Jose stated that he was informed by the auction company that his license expired. The committee informed Mr. Jose that he will need to provide a certified plot plan for the operation. Depending on what Mr. Jose proposes he may need to apply for an amendment to his licenses. Motion made by Councilor Laflamme and second by Councilor Walczak to postpone to the October 26, 2020 meeting and bring in a certified copy of the plot plan to the Building Department and Fire Department. Will need a certified plot plan for further operation. Committee vote 5 – 0 favorable. ITEM #6 Minutes – February 24, 2020 Motion made by Councilor Laflamme and second by Councilor Walczak to approve. Motion passed. Meeting adjourned at 7:34 PM. 4