License Commission

Minutes for the Lowell License Commission meeting for Thursday, November 29, 2018 at 6:00 p.m., held in the City Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852. Present: John Descoteaux, Commissioner, Chairman, Commissioners Clifford Krieger, Martha Howe, and Joseph Donahue; and Captain James Hodgdon of the Lowell Police Department. Absent: Commissioner Terry McCarthy The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve the meeting minutes for November 8, 2018. The Commission reviewed the application for special one-day license to sell/dispense malt beverages and wines only, or either one by Clare Gunther of Lowell Community Health Center at 161 Jackson Street, Winter Mixer Fundraiser, Thursday, December 6, 2018, 5:30 p.m. to 7:30 p.m. Clare Gunther was present. Ms. Gunther stated the event is an annual benefit for young professionals to fund a teen program. The Commission, on the motion by Commissioner Howe, second by Commissioner Donahue, voted to approve the license for Clare Gunther of Lowell Community Health Center. The Commission reviewed the request by Lucky Lantern, Inc., d/b/a Mandarin Asian Bistro, Yu Zhou, Manager, premises at 24 Market Street, all alcoholic beverages restaurant licensee, to extend legal closing from 1:00 a.m. to 2:00 a.m. to allow additional time for kitchen service. Yu Zhou was present. Chairman Descoteaux asked Captain Hodgdon if Lowell Police Department had a concern about the extension. Captain Hodgdon stated there is no problem about the request. The Commission, on the motion by Commissioner Howe, second by Commissioner Donahue, voted to approve the request for the 2:00 a.m. legal closing time. The Commission reviewed the application by NAI Entertainment Holdings LLC, d/b/a Showcase Cinema, all alcoholic beverages restaurant licensee at 32 Reiss Ave., for change of manager to Richard A. Perry of Peabody, MA. Richard Perry was present, accompanied by Sean Judge, Area License Commission minutes November 29, 2018 page 1 of 5 Manager for NAI Entertainment. Chairman Descoteaux asked Mr. Perry about his experience. Mr. Perry stated he has been employed with National Amusements for fourteen (14) years, and previously had been employed with Aramark. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve Richard Perry as manager of record for NAI Entertainment Holdings LLC, d/b/a Showcase Cinema. The Commission reviewed the applications for special one-day license to sell/dispense malt beverages and wines only, or either one by Ashley Roper, Catering Manager for Aramark, for the following activities scheduled at UMass Lowell: University Crossing, 220 Pawtucket Street, Retirement Party for Frank Talty, Monday, December 3, 2018, 2:00 p.m. to 6:00 p.m.; O'Leary Library Mezzanine, 61 Wilder St., Southeast Asian Digital Archive Launch, Tuesday, December 4, 2018, 3:00 p.m. to 7:00 p.m.; and Allen House, 2 Solomont Way, Open House for Prospective PhD Students, Thursday, December 6, 2018, 3:00 p.m. to 8:00 p.m. Ashley Roper and Tabatha Garnett of Aramark were present. Ms. Garnett introduced Ms. Roper as the new Catering Manager. Chairman Descoteaux asked Ms. Garnett if the Commission would ever see her [Tabatha] at meetings again. Ms. Garnett suggested it is possible. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve licenses for Ashley Roper of Aramark. The Commission reviewed the application by Click Auto Center Inc., Elmoda B. Santos, President, for a Second Hand Motor Vehicles license, Class II, Used Car Dealer, for premises at 50 Perry Street, structure with 2-bays for auto repair, and lot of approximately 5400 sq. ft., building approximately 1800 sq. ft. Elmoda Santos was present. License Commission minutes November 29, 2018 page 2 of 5 Licensee of record for 2018 is Geraldo Magela DeAlmeida, d/b/a Carway Auto Center, 50 Perry Street, license # 729-B, with conditions: 1) maximum number of vehicles for sale/storage is 14 per License Commission; 2) no junk motor vehicles or parts thereof on the premises; 3) no vehicles to be parked on the street or sidewalk. Mr. Santos stated that he has bought the business at 50 Perry Street, and owns an insurance business at 271 High St. Previously he was Area Manager for twelve (12) gas stations. Commissioner Donahue inquired about the service bays. Mr. Santos stated there are two bays to be used to service his cars, and to offer basic services like oil changes and lubrication. The plan of premises was reviewed by Chairman Descoteaux. Mr. Santos stated the open lot allows for fourteen (14) vehicles for sale and storage. There is also additional open space for approximately six (6) vehicles for customers and mechanics. Mrs. Elizabeth Silva appeared before the Commission. Mrs. Silva with her husband owns Silva’s Mini Market at 40 Perry Street. Mrs. Silva addressed the Commission about the traffic congestion that occurs at the intersection of Perry and Pond Streets. The parking of vehicles on both sides of Perry Street and at the corner of Pond St. Mrs. Silva stated that the City of Lowell may implement a trial period to restrict a part of Perry Street to one way traffic. Chairman Descoteaux reviewed with Mrs. Siva and Mr. Santos the plan of the open lot and garage. Mr. Santos agreed not to store cars on Perry Street during the day. At the conclusion of the review and discussion, the Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to grant a Second Hand Motor Vehicles license, Class II, Used car Dealer, license # 763-B, to Click Auto Center Inc., premises at 50 Perry Street, for the license year to expire January 1, 2019. The 2018 license granted and issued to Geraldo Magela DeAlmeida, d/b/a Carway Auto Center, 50 Perry Street, license # 729- B is ordered surrendered for cancellation. License Commission minutes November 29, 2018 page 3 of 5 Mr. Donald Sterling of 8 Wamesit Ct., Lowell appeared before the Commission to address the complaints he has filed with Lowell Police Department regarding heavy motor vehicle traffic, towing of vehicles to 705 Dutton Street, property of Kazanjian Used Parts, a Junk Dealer licensee. Captain Hodgdon at the request of Chairman Descoteaux reviewed the Lowell Police Department call system on-line to ascertain the number of calls and the police response. Captain Hodgdon presented number of calls since June 8, 2018 to November 19th. The most recent call was on November 27, 2018. Chairman Descoteaux and Commissioner Howe spoke to Mr. Sterling about the issues of towing at night, owners of towed vehicles visiting 705 Dutton St. to claim their vehicles, pay the towing charge, and in some instances block the driveway at 8 Wamesit Ct. Captain Hodgdon stated the towing of vehicles from downtown does occur at night by order of the police department. Kazanjian has a contract with the Lowell Police Dept. to tow 24 hours. At the conclusion of discussion, Commissioner Howe made the motion to schedule a hearing for December 13, 2018 and have notice sent to Mr. Alan Kazanjian to appear to offer explanation about the business activity of Kazanjian Used Parts, Inc. at 705 Dutton St., as a Junk Dealer licensee. Chairman Descoteaux requested an amendment to the motion to request an on- site inspection and report for the December 13th meeting by the Office of Development Services. The motion and amendment seconded by Commissioner Krieger, so voted. Commissioner Donahue initiated a discussion about a recent call he had received from a resident of Princeton Blvd. who complained about the site of 493 Princeton Bld. as a location for dumping junk material. The property owner holds a used car Dealer license for five vehicles under the corporate name Coelho Fuel, Inc., Francisco Coelho, President. There have been a number of violations in the past to which the City of Lowell has addressed. The Zoning Board of Appeals had granted a special permit with conditions in 2009 for Coelho Fuel, Inc. to sell second License Commission minutes November 29, 2018 page 4 of 5 hand motor vehicles. The Commission, on the motion by Commissioner Donahue, second by Commissioner Howe, voted to send notice to Mr. Francisco Coelho to appear before the Commission on December 13, 2018 in order to hear Mr. Coelho’s explanation and to consider the renewal of license for second hand motor vehicles for 2019. The motion included the request to have the Office of Development Services inspect the site and offer a report for the December 13th meeting. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to adjourn the meeting at 6:35 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. ***** License Commission minutes November 29, 2018 page 5 of 5