City Council
Regular MeetingFitchburg, MA · October 17, 2023
Minutes
FITCHBURG CITY CLERK
Nov 09 2023 12:09 pm
City of Fitchburg
Massachusetts 01420
CITY COUNCIL
Councillors at Large President Ward Councillors
Anthony M. Zarrella Ward 1 – Bernard J. Schultz III
Sally H. Cragin Ward 2 – Paul R. Beauchemin
Marcus L. DiNatale Ward 3 – Andrew J. Couture
Amy Green
Vice President
Andrew J. Van Hazinga Ward 4 – Andrew J. Van Hazinga
Samantha M. Squailia Ward 5 – Marisa R. Fleming
Anthony M. Zarrella Ward 6 – Derrick J. Cruz
The regular meeting of the City Council of the City of Fitchburg was held at the Legislative Building
at 700 Main Street and over the Zoom meeting platform and live streamed at FATV Studios,
Fitchburg, on October 17, 2023.
The meeting was called to order by President Zarrella at 7:03 P.M. The meeting opened with a
salute to the Flag led by Councilor Couture. The City Clerk called the roll 11 Councilors were
present. Board consists of 11 members.
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I. PUBLIC FORUM
• Miranda Tozier-Robbins, Fitchburg is opposed to the wording in Petition 239-23
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II. ANNOUNCEMENTS
Councilor Schultz: The next two meetings of the Widowed Helping Widowed Support Group will
take place on Thursday, October 19 and Thursday, November 2, 2023 from 4 until 5:30 p.m. in
Room 203 at the Fitchburg State University Recreation Center, 130 North Street. Kelley Lynn and
Bernie Schultz will co-facilitate the meeting.
Fitchburg Historical Commission will be hosting another round of Fitchburg History Trivia at FHS
781 Main St. Have fun identifying moments, places, people in the 1920’s here in Fitchburg. We
will have a “French” based menu and highlighted cocktail from that era. Amy Green and Susan
Navarre are your hosts. Tickets are $25.00 and can be purchased on our Facebook page.
Fitchburg Community Lions Club for the 1st Annual Pumpkin Patch, Saturday, October 21st on the
side lawn of City Hall. For a $10.00 donation, you select your pumpkin, take it home to decorate,
paint or carve it and then bring it back on Saturday, October 28th, at 10:00 AM to be displayed on
the front steps of City Hall. Prizes will be awarded for different age groups. Your donation will
provide eyeglasses for Fitchburg children in need.
City Clerk: Fitchburg Municipal Election is November 7, 2023, Polls will be open from
7:00 AM – 8:00 PM
Last Day to register to vote for the November 7th Municipal Election is Saturday, October 28th,
8:30AM – 5:00 PM, at City Hall.
Last Day to request a mail-in Ballot for the November 7th Municipal Election is Tuesday, October
31st by 5:00 PM.
In-person Early Voting is scheduled for Saturday, October 28th, 10:00 AM – 2:00 PM
Monday, October 30th – Friday, November 3rd, 8:30 – 4:30 PM, at City Hall.
Last Day to request an Absentee Ballot for the November 7th Municipal Election, Monday,
November 6, 12:00 PM
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III. REPORT OF THE APPOINTMENTS COMMITTEE
Appointments Committee
Oral Report
Meeting of October 17, 2023
Re-Appointment:
Veterans Service Commissioner
(Term to expire October 1, 2026)
Michele Marino
Report accepted. Appointment confirmed by unanimous consent 11/0. 11 members present. Board
consists of 11 members.
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New Appointment: (Expiration date correction)
Board of License Commissioners
Was (Term to expire May 1, 2026)
Should be (Term to expire January 1, 2026)
Glenn Fossa
Report accepted as amended by unanimous consent 11/0. 11 members present. Board
consists of 11 members.
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IV. REPORT OF COMMITTEE ON RECORDS
The Committee on records reported the minutes of the Regular Meeting of October 3, 2023 were
correctly recorded. Report accepted and minutes adopted by unanimous consent 11/0. 11 members
present. Board consist of 11 members.
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V. COMMUNICATIONS
His Honor the Mayor
1. New Appointment letter:
Full-Time Student Police Officers for the Fitchburg Police Department
Joshua M. Loureiro-Nieves
Florencia J. Rivas
Jacob M. Boivin
2. New Appointment letter:
Christine G. Hudson, as Municipal Hearing Officer, for a term to expire November 1, 2026.
3. New Appointment letter:
Richard Doucette, as a member of the Council on Aging, for a term to expire November 1,
2026.
Report accepted. Appointment referred to the Appointments Committee by unanimous consent 11/0.
11 members present. Board consists of 11 members.
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VI. SPECIAL PRESENTATION
Mary Jo Bohart, Economic Development Director, to provide an update on a recently completed
Downtown Fitchburg Consumer Market Analysis Report.
(Refer to Economic Development)
Exploring Market Potential for Businesses in Downtown Fitchburg
Exploring Market Potential for Businesses in Downtown Fitchburg Summary of Key
Findings
President Zarrella reffered to Economic Development.
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Peter Kettle, Airport Manager, to provide a presentation on Non-Aviation land at the Fitchburg
Airport.
(Refer to City Property)
President Zarrella reffered to City Property.
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VII. ORDERS – FINANCE
Motion and second for suspension of rules on Orders 239-23 and 240-23 by roll call vote of 11 in
favor and 0 opposed. 11 members present. Board consists of 11 members.
239-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds
from the FY24 Department of Justice JAG Award in the approximate amount of
$23,966 for the purpose of community policing overtime, professional
development, and training opportunities.
Order adopted by unanimous consent 11/0. 11 members present. Board consist of 11 members.
Order signed by Mayor on October 18, 2023
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240-23. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED
FIFTY-EIGHT THOUSAND EIGHT HUNDRED NINETY-SEVEN AND 26/100
DOLLARS ($158,897.26) from RESERVE FOR APPROPRIATION, PEG
ACCESS and credited to INFORMATION TECHNOLOGY, FRANCHISE FEE
for the purpose of remitting to FATV the second quarter 2023 franchise fees, and its
share of annual capital grant proceeds.
Order adopted by unanimous consent 11/0. 11 members present. Board consist of 11 members.
Order signed by Mayor on October 18, 2023
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VIII. ORDERS – OTHER
Motion and second for suspension of rules on Order 241-23 by roll call vote of 11 in favor and 0
opposed. 11 members present. Board consists of 11 members.
241-23. ORDER THAT: WHEREAS, K. William Krikorian, Trustee of the Trifecta Realty
Trust, u/d/t October 27, 2021, with a principal address of 196 Bemis Road, Fitchburg,
MA 01420, is the owner of certain property located at 49 Snow Street, Fitchburg,
MA 01420, which includes a portion which was once Cherry Street.
WHEREAS, pursuant to City Council Order 185-13, Cherry Street was discontinued
and abandoned, as described in Order and Description of Discontinuance and
Abandonment recorded in the Worcester North Registry of Deeds at Book 7942, Page
339.
WHEREAS, the City owns cable fiber that is within the above-described parcel,
specifically under a portion of the parcel which was once Cherry Street.
WHEREAS, in order access to the fiber that is contained within this parcel and
maintain the City network, an easement must be conveyed with an area of 4,549.60
square feet (0.104 acres), as described in the attached Plan.
WHEREAS, Trifecta Realty Trust has agreed to gift this easement to the City for no
additional cost.
NOW THEREFORE IT IS ORDERED that Stephen L. DiNatale, Mayor of the City
of Fitchburg, be and is hereby authorized for an on behalf of the City, to
acknowledge and accept a grant of easement in form substantially similar to that
attached hereto, and to take any other action and execute other documents required
or convenient for conclusion of grant of easement thereof.
Order adopted by unanimous consent 11/0. 11 members present. Board consist of 11 members.
Order signed by Mayor on October 18, 2023
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242-23. ORDER THAT: WHEREAS, on March 17, 2017, the Collector of Taxes of the City
of Fitchburg executed a taking for municipal charges and real property taxes for
Fiscal Year 2016 on a certain parcel of land located at 116-118 Day Street,
Fitchburg, MA 01420 and described as Map 32, Block 3, Lot 0 and was recorded
with the Worcester North Registry of Deeds in Book 8790, Page 73; and
WHEREAS, the City Council of the City of Fitchburg accepted this parcel in lieu of
foreclosure payments on March 7, 2018;
WHEREAS, a Quitclaim Deed from The Bank of New York Mellon f/k/a The Bank
of New York as Trustee for the Certificate holders of CWABS, Inc., Asset-Backed
Certificates, Series 2005-AB2 to the City of Fitchburg dated March 29, 2018, was
recorded in the Worcester North Registry of Deeds in Book 9056, Page 152, on
April 20, 2018; and
WHEREAS, the City of Fitchburg no longer has any use for the aforesaid parcel
and the purchaser, Antonio F. Pennetti, owner of abutting property located at 110
Day Street, Fitchburg, Worcester County, Massachusetts, 01420, has a particular
use for the same; and
WHEREAS, the City Treasurer, Anne M. Cervantes, petitioned the City Council
under Petition No.: 272-18, to declare this property as surplus property and
designate to the Side Yard Sales program and was approved on February 19, 2019;
and
WHEREAS, the Side Yard Sales Committee voted on October 3, 2023 to
recommend the sale of said parcel to Antonio F. Pennetti, owner of abutting
property located at 110 Day Street, Fitchburg, Worcester County, Massachusetts,
01420; and
NOW THEREFORE IT IS ORDERED that in consideration of the payment of
Three Hundred ($300.00) Dollars, to be paid to the City Treasurer, inclusive of the
cost of recording and a pro forma tax as required by M.G.L. c. 44, §63A, the City of
Fitchburg sells the above-described parcel of land to said purchaser through the
City’s Side Yard Sales Program, subject to the following restrictions, which shall
run with the parcel and be enforceable by the City that said parcel:
1. Shall be kept free from garbage and debris; and
2. Shall, be subject to the City maintaining the right of first refusal as described in
the attached Agreement of First Refusal, and
3. Shall henceforth be conveyed in tandem with the abutting lot and into the same
record of ownership.
AND IT IS FURTHER ORDERED AND VOTED: That Stephen L. DiNatale,
Mayor of the City of Fitchburg, be and is hereby authorized for and on behalf of
said City to execute, acknowledge and deliver said deed of conveyance in form
substantially similar to that attached hereto, and execute the Agreement for Right of
First Refusal and to take any other action and execute any other documents required
or convenient for conclusion of the sale thereof.
Order adopted by unanimous consent 11/0. 11 members present. Board consist of 11 members.
Order signed by Mayor on October 18, 2023
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IX. PETITIONS
The following petition was referred to the City Property Committee:
243-23. To authorize the City to transfer property located at 130 Academy Street (Assessors
Map 31, Block 12, Lot 0) owned by the City of Fitchburg Treasurer’s Office which
was conveyed via tax taxing, to the Fitchburg School Department. The School
Department intends to use this parcel as parking and/or open space for Longsjo
Middle School.
(City Property)
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The following petition as amended was referred to the City Property Committee:
244-23. After receiving a surplus need survey from the City Clerk, declare as excess the
following property and refer them to the Chief Procurement Officer for advertising
and long term lease:
1. Portions of 567 Crawford Street, more specifically identified in the attached Plan
entitled Non-Aviation Use.
The Airport Master Plan was recently revised and approved by the Planning Board
and the long-term leasing of this area is in the best interest of the City of Fitchburg
and the Fitchburg Municipal Airport.
(City Property)
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The following petition was referred to the City Property Committee:
245-23. The Community Development & Planning Department is requesting that City
Council declare the following parcel as surplus property:
•84 Elm Street,
Assessor’s Map 42/27/0
(City Property)
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The following petition was referred to the Public Works Committee:
246-23. City Councilor Bernie Schultz, on behalf of Pam Lawrence of 566 Milk Street and
Rosemary Reynolds of 570 Milk Street, to request removal of dying trees, one tree
in front of 566 Milk Street and the second tree in front of 570 Milk Street, and to
also include sidewalk repair once the two city trees are removed.
(Public Works)
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X. OTHER BUSINESS
Next Regular Meeting
Wednesday, November 8, 2023, at 7:00 PM
The meeting adjourned at 7:39 P.M.
___________________________________
Joanna Bilotta-Simeone, City Clerk
Agenda
FITCHBURG CITY CLERK
Oct 12 2023 2:13 pm
FITCHBURG CITY CLERK
WELCOME TO THE FITCHBURG CITY COUNCIL Oct 16 2023 7:56 am
October 17, 2023
Fitchburg Legislative Building 7:56 am, Oct 16, 2023
700 Main Street
Fitchburg MA 01420
7:00 PM
This meeting can also be viewed live on FATV. Go to www.fatv.org/watch-fatv for more
information on accessing this meeting.
This is intended to help you understand the meeting format and assist you with the rules
of the Council as they pertain to your participation.
All meetings of the Fitchburg City council are open to the public. This does not mean that
the public participates in all aspects of the meeting. It simply means that the meeting
itself, including all discussions and votes, is open for public view.
Executive Session
The only time a Council meeting can be closed to the public is when
the Council votes for Executive Session in order to discuss sensitive
matters in private, such as pending litigation. Any votes taken
however, must be taken in open session.
OPPORTUNITIES FOR THE PUBLIC TO SPEAK DURING A COUNCIL MEETING:
Public Forum
The Public Forum occurs immediately following the Pledge of
Allegiance. The President will ask if anyone in the audience wishes
to speak on any matter appearing on the Agenda. If you wish to
address the Council, you must stand and be recognized and follow
these rules before speaking:
1. State your name and city of residence.
2. Approach the center table and either stand or sit. This allows
you to be seen and heard clearly by everyone in attendance.
3. You may speak only on items appearing on the agenda for
no more than (2) minutes. Copies of the agenda are
available on the center table prior to the meeting.
4. Please state the petition, order, ordinance, or resolution
number to which you refer.
Public Hearings
Public hearings are held on various issues such as Special Permits and
Zoning changes. The same rules apply with the following exceptions:
1. You must stand and be recognized either “in favor” or “in
opposition” when asked by the Council President.
2. You need not refer to the petition number.
If you have any questions or comments either before or after the meeting,
any Councilor would be happy to assist you.
Thank you for your interest!
I. PUBLIC FORUM
This meeting will be open to the public. Persons who wish to participate remotely in the Public
Forum portion of the meeting may request a remote attendance link by contacting the City Clerk at
cityclerk@fitchburgma.gov by 12:00 PM (noon) on the day of meeting.
II. ANNOUNCEMENTS
III. REPORT OF THE APPOINTMENTS COMMITTEE
Appointments Committee
Oral Report
Meeting of October 17, 2023
Re-Appointment:
Veterans Service Commissioner
(Term to expire October 1, 2026)
Michele Marino
New Appointment: (Expiration date correction)
Board of License Commissioners
Was (Term to expire May 1, 2026)
Should be (Term to expire January 1, 2026)
Glenn Fossa
IV. REPORT OF COMMITTEE ON RECORDS
V. COMMUNICATIONS
His Honor the Mayor
1. New Appointment letter:
Full-Time Student Police Officers for the Fitchburg Police Department
Joshua M. Loureiro-Nieves
Florencia J. Rivas
Jacob M. Boivin
2. New Appointment letter:
Christine G. Hudson, as Municipal Hearing Officer, for a term to expire November 1, 2026.
3. New Appointment letter:
Richard Doucette, as a member of the Council on Aging, for a term to expire November 1,
2026.
VI. SPECIAL PRESENTATION
Mary Jo Bohart, Economic Development Director, to provide an update on a recently completed
Downtown Fitchburg Consumer Market Analysis Report.
(Refer to Economic Development)
Exploring Market Potential for Businesses in Downtown Fitchburg
Exploring Market Potential for Businesses in Downtown Fitchburg Summary of Key Findings
Page 1
Peter Kettle, Airport Manager, to provide a presentation on Non-Aviation land at the Fitchburg
Airport.
(Refer to City Property)
VII. ORDERS – FINANCE
239-23. ORDER THAT: the City of Fitchburg hereby approves the expenditure of funds
from the FY24 Department of Justice JAG Award in the approximate amount of
$23,966 for the purpose of community policing overtime, professional development,
and training opportunities.
240-23. ORDER THAT: there be and hereby is appropriated the sum of ONE HUNDRED
FIFTY-EIGHT THOUSAND EIGHT HUNDRED NINETY-SEVEN AND 26/100
DOLLARS ($158,897.26) from RESERVE FOR APPROPRIATION, PEG ACCESS
and credited to INFORMATION TECHNOLOGY, FRANCHISE FEE for the
purpose of remitting to FATV the second quarter 2023 franchise fees, and its share of
annual capital grant proceeds.
VIII. ORDERS – OTHER
241-23. ORDER THAT: WHEREAS, K. William Krikorian, Trustee of the Trifecta Realty
Trust, u/d/t October 27, 2021, with a principal address of 196 Bemis Road, Fitchburg,
MA 01420, is the owner of certain property located at 49 Snow Street, Fitchburg, MA
01420, which includes a portion which was once Cherry Street.
WHEREAS, pursuant to City Council Order 185-13, Cherry Street was discontinued
and abandoned, as described in Order and Description of Discontinuance and
Abandonment recorded in the Worcester North Registry of Deeds at Book 7942, Page
339.
WHEREAS, the City owns cable fiber that is within the above-described parcel,
specifically under a portion of the parcel which was once Cherry Street.
WHEREAS, in order access to the fiber that is contained within this parcel and
maintain the City network, an easement must be conveyed with an area of 4,549.60
square feet (0.104 acres), as described in the attached Plan.
WHEREAS, Trifecta Realty Trust has agreed to gift this easement to the City for no
additional cost.
NOW THEREFORE IT IS ORDERED that Stephen L. DiNatale, Mayor of the City
of Fitchburg, be and is hereby authorized for an on behalf of the City, to acknowledge
and accept a grant of easement in form substantially similar to that attached hereto,
and to take any other action and execute other documents required or convenient for
conclusion of grant of easement thereof.
(Refer to City Property)
Page 2
242-23. ORDER THAT: WHEREAS, on March 17, 2017, the Collector of Taxes of the City
of Fitchburg executed a taking for municipal charges and real property taxes for
Fiscal Year 2016 on a certain parcel of land located at 116-118 Day Street, Fitchburg,
MA 01420 and described as Map 32, Block 3, Lot 0 and was recorded with the
Worcester North Registry of Deeds in Book 8790, Page 73; and
WHEREAS, the City Council of the City of Fitchburg accepted this parcel in lieu of
foreclosure payments on March 7, 2018;
WHEREAS, a Quitclaim Deed from The Bank of New York Mellon f/k/a The Bank
of New York as Trustee for the Certificate holders of CWABS, Inc., Asset-Backed
Certificates, Series 2005-AB2 to the City of Fitchburg dated March 29, 2018, was
recorded in the Worcester North Registry of Deeds in Book 9056, Page 152, on April
20, 2018; and
WHEREAS, the City of Fitchburg no longer has any use for the aforesaid parcel and
the purchaser, Antonio F. Pennetti, owner of abutting property located at 110 Day
Street, Fitchburg, Worcester County, Massachusetts, 01420, has a particular use for
the same; and
WHEREAS, the City Treasurer, Anne M. Cervantes, petitioned the City Council
under Petition No.: 272-18, to declare this property as surplus property and designate
to the Side Yard Sales program and was approved on February 19, 2019; and
WHEREAS, the Side Yard Sales Committee voted on October 3, 2023 to recommend
the sale of said parcel to Antonio F. Pennetti, owner of abutting property located at
110 Day Street, Fitchburg, Worcester County, Massachusetts, 01420; and
NOW THEREFORE IT IS ORDERED that in consideration of the payment of Three
Hundred ($300.00) Dollars, to be paid to the City Treasurer, inclusive of the cost of
recording and a pro forma tax as required by M.G.L. c. 44, §63A, the City of
Fitchburg sells the above-described parcel of land to said purchaser through the City’s
Side Yard Sales Program, subject to the following restrictions, which shall run with
the parcel and be enforceable by the City that said parcel:
1. Shall be kept free from garbage and debris; and
2. Shall, be subject to the City maintaining the right of first refusal as described in
the attached Agreement of First Refusal, and
3. Shall henceforth be conveyed in tandem with the abutting lot and into the same
record of ownership.
AND IT IS FURTHER ORDERED AND VOTED: That Stephen L. DiNatale,
Mayor of the City of Fitchburg, be and is hereby authorized for and on behalf of said
City to execute, acknowledge and deliver said deed of conveyance in form
substantially similar to that attached hereto, and execute the Agreement for Right of
First Refusal and to take any other action and execute any other documents required
or convenient for conclusion of the sale thereof.
(Approved by City Property, City Council to Vote)
Page 3
IX. PETITIONS
243-23. To authorize the City to transfer property located at 130 Academy Street (Assessors
Map 31, Block 12, Lot 0) owned by the City of Fitchburg Treasurer’s Office which
was conveyed via tax taxing, to the Fitchburg School Department. The School
Department intends to use this parcel as parking and/or open space for Longsjo
Middle School.
(City Property)
244-23. After receiving a surplus need survey from the City Clerk, declare as excess the
following property and refer them to the Chief Procurement Officer for advertising
and long term lease:
1. Portions of 567 Crawford Street, more specifically identified in the attached Plan
entitled Non-Aviation Use.
The Airport Master Plan was recently revised and approved by the Planning Board
and the long-term leasing of this area is in the best interest of the City of Fitchburg
and the Fitchburg Municipal Airport.
(City Property)
245-23. The Community Development & Planning Department is requesting that City Council
declare the following parcel as surplus property:
•84 Elm Street,
Assessor’s Map 42/27/0
(City Property)
246-23. City Councilor Bernie Schultz, on behalf of Pam Lawrence of 566 Milk Street and
Rosemary Reynolds of 570 Milk Street, to request removal of dying trees, one tree in
front of 566 Milk Street and the second tree in front of 570 Milk Street, and to also
include sidewalk repair once the two city trees are removed.
(Public Works)
X. OTHER BUSINESS
Next Regular Meeting
Wednesday, November 8, 2023, at 7:00 PM
Page 4
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