City Council

HEARING BEFORE THE CITY COUNCIL, JANUARY 12, 2004 Hearing opened at 8:05 P.M. with Councillor Marchand, Chairman of the Legal Affairs Committee presiding. All members were present except Councillor Dombrowski who was excused due to a possible conflict of interest. Councillor Marchand stated that the hearing notice had been duly published and the abutters notified. The following PETITION was the subject of the hearing. 76-04 John H. Matarese, Matarese Realty Trust: Grant a license to store 25,000 cubic feet of flammable gas, in cylinders at Liberty Supply, 195 Hamilton Street. Councillor Marchand said that a positive recommendation was received from the Fire Department and the Building Department’s recommendation stated that more information was needed. No one spoke in favor. No one spoke in opposition. HEARING ADJOURNED: 8:07 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, JANUARY 12, 2004 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. A recess was called to hold a public hearing and a public forum. Meeting reconvened at 8:31 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-36 Relative to the appropriation of $170,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. C-37 Relative to the appropriation of $50,000.00 to the Police Salary & Wages Account; same to be transferred from the Police Salary & Wages Account. C-38 Relative to the appropriation of $100,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-39 Relative to the appropriation of $6,000.00 to the Zoning Board of Appeals Expense Account; same to be transferred from the Excess and Deficiency Account. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was set for January 26, 2004 at 7:10 P.M. Vt. 9/0 79-04 Massachusetts Electric and Verizon New England Inc.: Merriam Avenue: Install two jointly owned poles and remove one jointly owned pole on Merriam Avenue beginning at a point approximately 313 feet south of the centerline of the Fitchburg/Leominster Town Line and continuing approximately 213 feet in s southerly direction. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, given REGULAR COURSE and referred to the Department of Public Works, the Planning Board, the Building Department and the Fire Department 911 Division. 80-04 Sterling Real Estate Development Inc., by its Attorneys Mark L. Donahue, Esquire, Fletcher, Tilton, Whipple, P.C.: Accept as a public way Larson Avenue as constructed within the Heywood Heights Subdivision on the westerly side of Willard Street and accept a deed conveying said street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Department, the Planning Board, the Conservation Commission, the Department of Public Works and the Health Department. A hearing was set for February 23, 2004 at 7:00 P.M. Vt. 9/0 81-04 Ten Registered Voters, Property Owners, et al: Rezone eight parcels of land on Pleasant Street, as shown on Assessor’s Map 494, lots 3 and 18; Map 488, lots 1 and 6; Map 340 lot 2; Map 561, lots 35A, 36A and 37A from Residence B to Residence A. REGULAR MEETING OF THE CITY COUNCIL, JANUARY 12, 2004, continued The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Department, the Planning Board, the Conservation Commission, the Health Department, the Department of Public Works and the Leominster Land Trust. A hearing was set for February 9, 2004 at 7:00 P.M. Vt. 9/0 82-04 Alton Day Stone, P.E., Alton Engineering for Walter Fiore: Grant a Special Permit for restoration of 250 linear feet of bank on Pierce Pond and 140 linear feet of intermittent stream; replication and restoration of 8,700 square feet of bordering vegetated wetland, replication of 4,000 square feet of bordering vegetated wetland and compensatory storage of 27,000 cubic feet of bordering land subject to flooding at 729 West Street, as shown on Assessors Map 262 as lots 43 & 44, located in the Flood Zone. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Department, the Planning Board, the Conservation Commission, the Health Department and the Department of Public Works. A hearing was set for March 8, 2004 at 7:00 P.M. Vt. 9/0 83-04 Leominster Planning Board, John Souza, Chairman: Amend the Leominster Zoning Ordinances dated July 1, 2001 with amendments through January 27, 2003 to amend Section 22-24, “ Industrial District” by eliminating Section 24.2.5.1 in its entirety and amend Section 22-26, “Table of Uses” by revising Mixed Use Development Project, by removing the words “On sites over 20 acres” The following PETITION was received, referred to the CITY PROPERTY COMMITTEE and given REGULAR COURSE. Under suspension of the rules, permission to use the City Council Chambers on January 22, 2004 was GRANTED. Vt. 9/0 84-04 John Keeney, New England Farm Workers Council: Grant permission to use the City Council Chambers on January 22nd and 29th, February 5th, 9th and 23rd, March 4th, 18th and 25th and April 1st, 15th and 22nd to take fuel assistance applications. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Leominster Housing Authority – Yanneth Bermudez-Camp – term to expire April 15, 2005. (to fill the unexpired term of Fred Brideau) Library Building Committee – Susan Shelton, Library Director – term to expire January 26, 2007. The following APPOINTMENTS were received under Suspension of the Rules, Vt. 9 “yeas”; referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Fire Department – firefighter - Pinkney Salisbury Jr. - Randall Pouliot Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-34 Relative to the appropriation of $2,000.00 to the Municipal Building Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Two Thousand Dollars ($2,000.00) be appropriated to the Municipal Building Overtime Account; same to be transferred from the Excess and Deficiency Account. RE: Funds are to be used to cover the cost of snow removal and general overtime. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was AMENDED, Vt. 9/0; GRANTED AS AMENDED and ORDERED. Vt. 9 “yeas”. Communication was amended from $30,000.00 to $20,000.00 C-35 Relative to the appropriation of $20,000.00 to the Highway Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Twenty Thousand Dollars ($20,000.00) be appropriated to the Highway Overtime Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 73-04 Wayne A. Nickel: Rename a portion of Gordon Avenue to Lido Avenue. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 70-04 Daniel Lattanzio, Tanco Corporation: Grant a Special Permit to construct a structure to house flammable gas storage at 195 Hamilton Street, as shown on Assessors Map 229 as lot 3, located in a flood zone.(Continuation of the public hearing to be held on January 26, 2004 at 7:20 P.M.) Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 71-04 Wayne A. Nickel: Request that Central Place be made a “one-way street” with traffic exiting onto Central Street from Eden Glen. REGULAR MEETING OF THE CITY COUNCIL, JANUARY 12, 2004, continued Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW WITHOUT PREJUDICE. A public hearing scheduled for January 26, 2004 at 7:00 P.M was cancelled. 75-04 Eugene J. Capoccia, President, Leominster Development Corporation: Grant a Special Permit to construct an 18-unit affordable townhouse on Adams Street, as shown on Assessors Map 2, as lot 15, in Residence C zone, located in the flood plain district. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0; Councillor Dombrowski abstained due to a possible conflict of interest.Vt. 8/0 76-04 John H. Matarese, Matarese Realty Trust: Grant a license to store 25,000 cubic feet of flammable gas, in cylinders at Liberty Supply, 195 Hamilton Street. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 77-04 Dennis A. Rosa: Place a street light on pole #7 on Electric Avenue. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 9 “yeas” 78-04 John B. McLaughlin for the Leominster Babe Ruth League: Request the General Court of Massachusetts to enact legislation to allow the City of Leominster to grant an abatement to the Babe Ruth League of Leominster for property taxes for the John B. McLaughlin Field for fiscal year 2002 and fiscal year 2003. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 54-04 Kate Lindstrom: Grant a limousine license to Kate Lindstrom d/b/a/ The Lucky Lady, a casino and airport shuttle service. MEETING ADJOURNED: 9:21 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council