City Council - License Committee

City of Chicopee City Council License Committee Approved 5-4-2023 Members Shane Brooks, Chair Fred Krampits, Vice Chair George Balakier Mary Beth Pniak-Costello Derek Dobosz MINUTES February 27, 2023 The following are the minutes of a public hearing held Monday, February 27, 2023 at 6:30 PM held in the Auditorium, 2nd floor, City Hall, 17 Springfield Street, Chicopee, MA 01013 and via Zoom. Members Present Brooks (zoom), Krampits, Pniak-Costello, Dobosz, Balakier Also Present Daniel Garvey (Associate City Solicitor), Councilor Laflamme, Jerry Rivera (IT) The meeting was called to order at 6:30 PM Motion made by Councilor Krampits and second by Councilor Brooks to adjourn so that the public can move their vehicles off Front Street as there is a parking ban. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x Dobosz x Balakier x Motion passed. Motion made by Councilor Krampits and second by Councilor Brooks to reconvene at 6:39 PM. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x Dobosz x Balakier x Motion passed. 1 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 an Auto Body/Auto Repair License for Tony & Sons Auto Service & Sales, Leasing & Rental, Inc. located at 170 South Street. Applicant Dolcimar Ferreira Sousa 51 Bliss Street West Springfield, MA 01089 Applicant and Marie Correa were present at the meeting. The applicant will be running an existing business because the previous operator retired. The applicant worked for the previous business operator. Reports read from the following: Engineering – Site plan needed to make any determination. Planning – Applicant is requesting a license transfer for an existing Auto Body & Auto Repair; Property is zoned Business B; auto repair services are permitted in the zone under 275-59 (B)(26) for motor vehicles repair services; according to 275-40 (N)(2)(r) repair stalls and shows six (6) total parking spaces; so long as the Police, Fire, and Building Departments have no issue with current operations at the property, Planning recommends approval. Fire – Have fire extinguishers and sprinkler system serviced. Councilor Brooks stated that he owns the property next door. The business and his property share a driveway. The proposed plan shows 3 cars parking on his driveway. The plan was amended to remove the three vehicles not parked on the property for the business operation. Applicant initialed the plan reflecting the change. Restrictions Auto Body/Auto Repair License 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 Total number of vehicles 7 (4 inside, 3 outside, customer and employee open spaces) Hours of operation M-F 9 AM to 6 PM, Saturday 9 AM to 12 Noon, Closed Sunday Total of 3 parking spaces 1, 2, 3 – strike 4, 5, 6 on plan Review in 3 months Motion made by Councilor Krampits and second by Councilor Brooks to approve with restrictions. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x 2  Pniak-Costello x Dobosz x Balakier x Motion passed. ITEM #2 Application for an Auto Detailing License for Tony & Sons Auto Service & Sales, Leasing & Rental, Inc. located at 170 South Street. Applicant Dolcimar Ferreira Sousa 51 Bliss Street West Springfield, MA 01089 Applicant and Marie Correa were present at the meeting. This request goes along with Item #1. Restrictions Auto Detailing License 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 Total number of vehicles 7 (4 inside, 3 outside, customer and employee open spaces) Hours of operation M-F 9 AM to 6 PM, Saturday 9 AM to 12 Noon, Closed Sunday Total of 3 parking spaces 1, 2, 3 – strike 4, 5, 6 on plan Review in 3 months Motion made by Councilor Krampits and second by Councilor Brooks to approve with restrictions. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x Dobosz x Balakier x Motion passed. ITEM #3 Application for a Class II License for Montgomery Street Truck, Auto and Equipment Sales, LLC, located at 330 Montgomery Street. Applicant Joel Marchand 330 Montgomery Street Chicopee, MA 01020 3 Joel Marchand and his attorney, Mark Beglane, were present at the meeting. The intent is to sell the applicant’s used trucks and other equipment by appointment only. The request is for 11 vehicles maximum. The vehicles for sale will be on the paved portion of the lot. Reports read from the following departments: Fire – None Collector’s - $215.53 Real Estate Taxes due 12/9/2022, Timberland Trucking $454.37 Personal Property taxes due 12/9/2022. Planning – Applicant is seeking a Class II License, Auto Detailing License, and Auto Repair License to buy, sell, or exchange secondhand motor vehicles and automotive repair with eleven (11) parking stalls for auto and equipment display and four (4) employees and customers. Property is zoned Business A; proposed use is permitted use in Business A Districts under 275-58(B): 1. (2) Automobile parking 275-40 (N)(r)-Motor vehicle repair service: Two (2) spaces per repair stall (4 in this case); 2. (3) Automobile service stations 3. (4) Automotive trade; and 4. (21) Motor vehicle repair services Property currently houses existing Automotive-related uses. Planning recommends approval after meeting the following conditions: 1. Deferment to Police and Fire for adequate emergency access City Council confirms with the Applicant that the proposed parking layout represents how the pavement markings currently exist. Restrictions Good housekeeping No outside storage No junk cars No outside repairs License holder must secure a Certificate of Occupancy prior to exercising the rights under this license Total number of vehicles 13 (2 inside, 11 outside, 3 employee, customer 2 and 1 handicap parking) Hours of Operation – Monday – Friday 9 AM to 5 PM, Saturday, 8 – 12, closed Sunday. Signed copy of lease agreement required by 3/7/2023 Taxes paid by 3/7/2023 Motion made by Councilor Krampits and second by Councilor Brooks to approve with restrictions. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x Dobosz x Balakier x 4 Motion passed. ITEM #4 Application for an Auto Detailing License for Montgomery Street Truck, Auto and Equipment Sales, LLC, located at 330 Montgomery Street. Applicant Joel Marchand 330 Montgomery Street Chicopee, MA 01020 Joel Marchand and his attorney, Mark Beglane, were present at the meeting. Restrictions Good housekeeping No outside storage No junk cars No outside repairs License holder must secure a Certificate of Occupancy prior to exercising the rights under this license Total number of vehicles 13 (2 inside, 11 outside, 3 employee, customer 2 and 1 handicap parking) Hours of Operation – Monday – Friday 9 AM to 5 PM, Saturday, 8 – 12, closed Sunday. Signed copy of lease agreement required by 3/7/2023 Taxes paid by 3/7/2023 Motion made by Councilor Krampits and second by Councilor Brooks to approve with restrictions. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x Dobosz x Balakier x Motion passed. ITEM #5 Application for an Auto Repair License for Montgomery Street Truck, Auto and Equipment Sales, LLC, located at 330 Montgomery Street. Applicant Joel Marchand 330 Montgomery Street Chicopee, MA 01020 Joel Marchand and his attorney Mark Beglane were present at the meeting. The repair portion of the business will only be for the applicant’s vehicles. It will not be open to the public. Restrictions Good housekeeping No outside storage 5 No junk cars No outside repairs License holder must secure a Certificate of Occupancy prior to exercising the rights under this license Total number of vehicles 13 (2 inside, 11 outside, 3 employee, customer 2 and 1 handicap parking) Hours of Operation – Monday – Friday 9 AM to 5 PM, Saturday, 8 – 12, closed Sunday. Signed copy of lease agreement required by 3/7/2023 Taxes paid by 3/7/2023 Motion made by Councilor Krampits and second by Councilor Brooks to approve with restrictions. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x Dobosz x Balakier x Motion passed. ITEM #6 Application for a Hawkers & Peddlers License to sell ice cream outside of the properties of various school/park locations. Applicant Iro Mitchener 58 Grattan Street Chicopee, MA 01020 Applicant was present at the meeting. He stated that he would like to sell dairy free ice cream. He will not have propane tanks in the vehicle. Reports read from the following: Engineering – Ice cream sales cannot block vehicle or pedestrian access in any way Fire – None, unless truck will have propane tanks and or commercial cooking. If so, a permit and inspection will be required. Planning – Planning recommends approval of the Hawkers & Peddlers as long as the applicant has met all requirements under Chapter 188-17(D) (2). Council should consider any requirements suggested by the Health Department. The applicant has been approved by the Police Department. Motion made by Councilor Krampits and second by Councilor Brooks to approve with requirements of the Health Department. 6  Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x Dobosz x Balakier x Motion passed. ITEM #7 Application for an Auto Repair License for Kins Auto Repair II located at 1098 Chicopee Street. Applicant Joaquin Rodriguez 41 Woodside Terrace Springfield, MA 01108 Applicant was not present at the meeting. Councilor Laflamme stated that the Building Department requested that this application be postponed. Motion made by Councilor Krampits and second by Councilor Brooks to postpone to the call of the chair. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x Dobosz x Balakier x Motion passed. ITEM #8 BE IT ORDERED THAT United Sons Auto Sales, LLC, 400 D East Main Street, licenses be called in before the License Committee for license review and imposition of restrictions. License holder, Talal Hamad, was present via zoom. Councilor Krampits stated that this meeting is to set restrictions on the licenses. He read the restrictions that were on the licenses for the previous license holder. Class II – Good housekeeping, no outside storage, no junk cars, no outside repairs, total number of vehicles: 20, customer 3, 1 handicap space. Hours of operation Monday – Saturday 8 AM to 5 PM, Sunday 10-2. Auto Repair restrictions – Good housekeeping, no outside storage, no junk cars, no outside repairs, total number of vehicles 20 (3 customer, 2 repair spaces, handicap 1) hours of operation M-F 8 -5, Saturday 8-2, Sunday 10-2, license hold must secure a Certificate of Occupancy prior to exercising the rights granted under this license. Committee set the following restrictions on the licenses and Mr. Hamad agreed to the restrictions: 7 Restrictions Hours of Operation M-Saturday 9 AM – 5 PM, closed Sunday Total number of vehicles 20 (2 + 1 handicap customer parking, 2 employee) Good housekeeping No outside storage No outside repair No junk cars Motion made by Councilor Krampits and second by Councilor Brooks approve with restrictions. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x Dobosz x Balakier x Motion passed. ITEM #9 BE IT ORDERED THAT Royal Coach Sales, LLC, 576 East Street, be called before the City of Chicopee License Committee and City Council to discuss the license (s) currently held by Royal Coach Sales, LLC, including compliance with restrictions imposed upon any licenses held by Royal Coach Sales, LLC. The Council may modify, suspend, fine, or revoke any license held by Royal Coach Sales, LLC. 1. Review of plot plan including parking spaces since two licensees are operating at the same location. John Garcia was present at the meeting. Councilor Krampits stated that the license needs to be reviewed since there are 2 businesses operating from the same property. The plan and restrictions need to be revisited. Mr. Garcia stated that his business operates out of the rear of the building, and it is separated by an internal wall. Since COVID his business is mostly online. Committee amended the total number of vehicles on the license from 13 to 1 outside. Motion made by Councilor Krampits and second by Councilor Brooks to approve the reduction of vehicles to 1 outside and modified plot plan. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x Dobosz x Balakier x 8 Motion passed. ITEM #10 BE IT ORDERED THAT Wicked Cycles, Inc., 576 East Street, be called before the City of Chicopee License Committee and City Council to discuss the license (s) currently held by Wicked Cycles, Inc., including compliance with restrictions imposed upon any licenses held by Wicked Cycles, Inc. The Council may modify, suspend, fine, or revoke any license held by Wicked Cycles, Inc. 1. Review of plot plan including parking spaces since two licensees are operating at the same location. Scott Machado was present at the meeting. Committee amended the license restrictions and plan. Outside parking reduced from 5 to 4 spaces. Total number of vehicles reduced from 23 to 22. Motion made by Councilor Krampits and second by Councilor Brooks to approve the reduction of outside front parking spaces from 5 to 4. Total number of vehicles from 23 to 22 and accept the revised plot plan. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x Dobosz x Balakier x Motion passed. ITEM #11 Minutes – November 17, 2022 Motion made by Councilor Dobosz and second by Councilor Brooks to approve. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x Dobosz x Balakier x Motion passed. Motion made by Councilor Balakier and second by Councilor Brooks to adjourn at 8:35 PM. Councilor Yes No Absent Abstained Out of Chair Brooks (zoom) x Krampits x Pniak-Costello x 9  Dobosz x Balakier x Motion passed. 10