City Council

HEARING BEFORE THE CITY COUNCIL, MARCH 22, 2004 Hearing opened at 7:02 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following PETITION was the subject of the hearing. 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”. John Souza said that this recommendation came about because of the numerous hearings that were held regarding Target and New England Development and the concerns that people had with the mixed use zoning we have within the city. He said that the Planning Board has decided to bring forth discussion on this but they have not had a change to discuss it at an open meeting. Mr. Souza said that the Planning Board will discuss this at their March 24, 2004 meeting and will then make a recommendation. Mr. Souza said there has been talk of totally changing the ordinance as well as adding some items. Also there has been some talk about changing it so the City Council has jurisdiction on any thing over 30%. He said that the reason he wants to bring this forward is because there is not another statue in the state for mixed-use development. Mr. Souza said that he and Mary Albertson, Planning Director went to Amherst to meet with Dr. Mullins regarding this some time ago. At the time they thought that this would get development in that would provide the infrastructure so industry could come in. Laura Valeri, 40 Helena Street, a member of Leominster First, a group made up of concerned citizens, spoke in favor of changing the mixed-use zoning. She said that in the past six months we have added over 800,000 square feet of retail use on industrial land in the city. She said this has occurred because of the zoning change in 2003 that opened up industrial land to stores and restaurants as part of the mixed use. Ms. Valeri said that the net effect has been the loss of industrial land for industrial purposes and we now have two large retail developments on prime industrial land. Ms. Valeri said that the proposal in front of you is vague and may open up the city to litigation. She said they are proposing amendments to help tighten the language. Ms. Valeri said that the proposal is vague and could be interpreted to allow the same type of mixed-used development project without any size limit, while restricting mixed use for land only under twenty acres. She said that Section 22-24 Industrial Districts is amended by deleting Section 24.2.5.1 and leaving only Section 24.2.5.2 and in effect leaves only a requirement that only land less than twenty acres require a special permit and site plan review. Ms. Valeri said the proposed ordinance is silent on projects more than twenty acres and will allow them to be considered Industrial if the they have restaurants and retail stores due to the unusual interpretation of restaurant as industrial use. She said her group has drafted a version that says that industrial land should be used only for industrial use. Councillor Marchand asked if she was in favor of the petition. Ms. Valeri said she was supporting it but with amendments. Rick Seed, 6 Independence Drive said that he is supportive to the spirit of this petition but has some recommended changes that his group, Leominster First, has come up with. He said they would like to make the definition of mixed-use more clear and concise so they can manage future growth of our community in a thoughtful way. Mr. Seed said that the amendment that they are proposing applies only to industrial land and he feels industrial land should be saved for industrial use that will provide better jobs. HEARING BEFORE THE CITY COUNCIL, MARCH 22, 2004, continued Mr. Seed said they are proposing to prohibit mixed-use development on parcels of land that are currently zoned industrial which are greater than twenty acres. He said for those projects that are less than twenty acres, they could only use 33% for commercial and their proposals would very clearly define what mixed use is. Councillor Marchand suggested that his organization put together a petition and submit it to the City Council so they would then have a document to work with. He said that he might want to go to the Planning Board meeting and address Mr. Souza’s petition at that time. Councillor Marchand asked Mr. Souza if the Planning Board would be allowing audience participation at their meeting. Mr. Souza said they would allow audience participation and any amendments can be brought to the Planning Board. He said the Planning Board could then address those amendments and make recommendations back to the City Council. Mr. Souza said the petition that is in front of you today could actually be different when it comes back to you. Mr. Seed said that he thinks what he is hearing is that this is not the end of the process but just the beginning. Mr. Souza said that is right and he said that the Legal Affairs Committee might want to keep the public hearing open. He said there is a legal issue that the Planning Board is waiting to hear on from Judith Cutler of the City Solicitor’s Office. Mr. Seed that he would like to make a few quick points regarding clarification of the mixed-use development area. He said what they have done is combine retail stores, consumer service establishments, banks and restaurants as one use and in order for the developer to meet this criteria they would have to have two or more of those groupings. He said they would have professional offices as one grouping, a second grouping would be the retail stores, consumer service service, banks and restaurants and a third grouping which will be submitted to you in due course. Mr. Seed said that what they want to do with Section 22.4.2.5.1 is clearly spell out that mixed-use development shall not be permitted on any site 20 acres or larger. He said they believe that this is a very important point because it closes any loopholes in the future. He said that we do not need to speak on Section 3 tonight and Sections 4 is close to what Mr. Souza has proposed. Councillor Nickel said that he wants to make note that this is not that old of a format for zoning. He said they have just spent two years on zoning and this very issue was touched. Councillor Nickel said that at that time out of the nine Councilors three of us said that this ordinance was the wrong way and that the larger the project the more watching over the project should have. He said that if the project is small it should go to the Planning Board and if it is larger it should go to the Planning Board first and then come to the City Council for a Special Permit. Councillor Nickel said that at that time the Planning Board said that they are the body of Permitted Uses and have more expertise in these issues. He said it will be interesting to see what they have to say at Wednesday nights meeting after how things have turned in the last couple years. Councillor Dombrowski said that this is somewhat in it’s infancy stage and he thinks we need to ask the petitioner what valid planning purpose this is having so we can deliberate that in our record so that the zoning will pass legal muster. Councillor Dombrowski asked what was behind this zoning change two years ago. Councillor Marchand said he would yield the floor to the Veteran Councilors. Councillor John Salvatelli said at the time Councillor Freda was the Legal Affairs Chairperson and we worked on this for about a year or a year and a half. He said at the time he felt that they should leave it up to the expert, Dr. Mullin from Amherst and they tried to get everything they could but didn’t. Councillor John Salvatelli said that he does not like the way the city is going in terms of growth. He said that the Mayor is going to send it to Kopelman and Paige to have them go over it because the Council is too busy, but Councillor Salvatelli does not agree and believes that the City Council should take the time to go over it. He said it may be too late but he believes the City Council and Legal Affairs needs to do something quickly. Councillor John Salvatelli said that the projections and the forecast then were very different than what is now going on. He said that he never envisioned two major chains going up across the street from each and taking away our transfer station. Councillor Freda said that there was very often heated discussion about that track of land and the intent was to get it out of the Planned Development District so we could get some industry there. She said we fought to keep the permit with the City Council because we felt it was important to listen to the public on a project of this magnitude and relinquish our responsibilities. Councillor Freda said that many of the Councilors felt at that time that the Planning Board has the expertise to make those decisions and other Councilors felt that their hands are tied because they have no authority in these projects. Councillor Rowlands said that he feels that this mixed-use development is probably one of the worst decisions this city has ever made. He said he believes it is misuse not mixed-use. Councillor Rowlands said he believes it was planned and it will not just affect the Walmart area, but his area where Target is planned to go into an area of the city where there are already traffic jams. He said in his view it was a terrible decision. Councillor Rowlands said that he thinks we need to move on this quickly but not so quickly that we leave any loopholes. He said that this proposed ordinance only eliminates those areas under twenty acres and makes no mention of above twenty acres. Councillor said he agrees that they should amend the petition to say there is no mixed use over twenty acres, rather than starting all over again. Councillor Rowlands said that basically what happened with these changes is that we changed industrial to mixed use and redefined the mixed-use to be commercial. He said we sold our Industrial Land to deep pockets of Commercial Developers that came in with twenty lawyers and rolled us over. Councillor Rowlands said that in his view they made major negative impacts on neighborhoods in the city. He said in 1995 we received $3.7 million in commercial taxes and eight years later in 2003 we received $3.6 million in commercial taxes so in eight years we collected less money and filled up our streets with traffic. Councillor Rowlands said that he constantly hears that the Planning Board is a Board of permitted uses but as evident in this petition they are influential in making and defining the laws in the city. HEARING BEFORE THE CITY COUNCIL, MARCH 22, 2004, continued Councillor Marchand said he will get clarification from the City Solicitor as to whether they can amend this petition, add to it or if the petitioner must do it. Councillor Robert Salvatelli said that he watched the Route 117 area remain vacant for fifty years. Councillor Salvatelli said at the time people were desperate for taxes and we thought this mixed-use would bring them in but that was not the case. He said that Councillor Rowlands is absolutely right about us losing commercial tax money. . He said that he thought that the 70 – 30 component of mixed-use meant 30% retail and 70% industrial and if he had thought for one minute Special Permits were possible it would have never happened. Councillor Dombrowski said he agrees with everything that Councillor Salvatelli has said but the point that needs to be made is that a couple of years ago the City Council ratified a zoning change and when you do that the presumption is made that the legislature is proper. He said that it must be remembered that if make a change you are affecting someone’s property. Councillor Dombrowski said that in order for that to be valid you must comply with the legal standard. Councillor Freda said that we must keep in mind that when the zoning change went through it was brought to every ward in the city asking for citizen’s input. She said people must pay attention because it is very hard to go back after and make changes. HEARING CONTINUED TO APRIL 26, 2004 at 6:45 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MARCH 22, 2004 Hearing opened at 8:09 P.M. with Councilor Marchand, Chair of the Legal Affairs Committee presiding. This is a continuation of a Public Hearing held on February 23, 2004. All members were present except Councillor Rosa. The following PETITION was the subject of the hearing. 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. John Bulger, 365 Pleasant Street spoke in favor of this petition. He said that he believes this area was overlooked when the zoning ordinance was drawn up. Mr. Bulger said that he believes by changing from Residence B to Residence A, it would be in harmony with the rest of the area. He said that on the city’s website many of those parcels that are B’s are listed as A’s. Mr. Bulger said there is a slide show that was made by a Leominster High School student, that airs on cable television which shows the historic homes in the area and suggest that the Council may want to watch this, if possible. Nona Ojala, 320 Pleasant Street spoke in favor. She said that if multi-family buildings are allowed it will alter the historic neighborhood forever. She said the slide show that Mr. Bulger talked about is called “Made in Leominster”. Ms. Ojala said it was produced by Marta Beaty who had a grant, along with another teacher and a student and is shown on Channel 9 after the morning announcements. She said she hopes everyone takes a ride through the area to see the historic homes. She said she is hoping to pass her home on to her grandson and that would make five generations who have lived in that home. Dorothy Rouleau, 54 Lowe Street spoke in support. She said she submitted three pages of names of residents in the neighborhood who want this area rezoned to Residence A. She said the purpose of the signatures is to have a harmonious neighborhood of single-family homes and preserve the history of our neighborhood. Barry LaLiberty, 350 Pleasant Street spoke in support. He said he has lived for twenty-seven in his home. Mr. LaLiberty said that his house could easily be converted into a multi family dwelling because it is zoned Residence B. He said because he wants to leave a legacy of single-family dwellings for the neighborhood he is requesting that his property be rezoned to Residence A. Barbara Rouleau, 54 Lowe Street spoke in favor. Ms. Rouleau said she wants to talk about the property that is going to be changed. Ms. Rouleau said that the back yard of the area in question is beautiful and home to many animals in their natural habitant. She said that piece of property has a wealth beyond financial gain and many neighbors bought their property with this view in focus. George Fiffy, 30 Lowe Street spoke in favor. He said that his neighbor and himself were told that no one could build on the property. He said that his neighbor’s property is actually Zoned A in Assessor’s records. Attorney George Watts representing William and Nancy Wyrebek, 353 Pleasant Street, whose property is one of the eight in the petition spoke against the petition. He said that in January 2004, after due deliberation, the Planning Board denied a site plan submitted by the Wyrebeks. He said there was a lot of public opposition to the plan concerning the development, density and traffic in the neighborhood. Attorney Watts said that immediately after the Planning Board decision there was a knee jerk reaction to their decision and this petition was presented to the City Council. He said there was a hand drawn sketch, not to scale, accompanying this petition. Attorney Watts said that it was referred to the Planning Board for a statutory public hearing that was scheduled for February 17, 2004. He said that at that meeting he brought up the issue of spot zoning to the Planning Board. Attorney Watts said this is not a typical spot zoning and he is sure the city’s Counsel has brought up the issue of down zoning. HEARING BEFORE THE CITY COUNCIL, MARCH 22, 2004, continued He said down zoning is where the event of a zoning change singles out a parcel not for a benefit but for a detriment. Attorney Watts said that the Wyrebek’s property is presently located in a Residence B zone and there are certain things they can do with that property as a matter of right. He said that passing this zoning amendment would clearly take away those rights. It is down zoning. It is spot zoning. Attorney Watts said that Councillor Dombrowski has stated several times in the issue of zoning, if there is a legitimate public service. He said he would ask that you look at the timing, the motivation and the effect of the petition. Attorney Watts said that he has yet to see anyone draw a plan showing how these parcels fit together and where the new line is in comparison to the old line. He said that unless there has been a change to what was submitted in the hand written sketch he would ask how come map 340 parcel 1 has been excluded? Is it because it is a current multi-family use? He said what you end up with is a gerrymandered jagged line. He said there are a number of cases that show if you have a gerrymandered jagged line Attorney Watts said that the Planning Board has not yet rendered their opinion and although it is only advisory, you should wait until you receive it. He said that the matter before you is the zoning change and some of the comments made tonight are not relative to the zoning change but are legitimate concerns. Attorney Watts said that the matter in front of you is a hastily put together zoning change, that is incomplete, and absent of some serious amendment to that it is spot zoning. Bill Wyrebek, 353 Pleasant Street said it is primarily his property that would be affected by the zoning change. He has been in the neighborhood for thirty years and when he purchased the property he knew it was zone B. He said he has always been taxed and paid for property in zone B. Mr. Wyrebek said it has always been his intention to develop his land as zone B predicates. He said he is concerned because the only people who are confused about how his land is zoned are those who do not want him to build on his land. Mr. Wyrebek said that he has spent a lot of money hiring professionals who have developed a plan that is legal as far as what the city says you can do. He said that this development provides him with the ability to provide housing for his family that includes moving his parents into one of the houses. He said the two family units will also help him defray the cost of the overall cost of developing these units. Mr. Wyrebek said that he disagrees that most of the homes are single family. He said that he is sensitive to the area and he feels that he has tried to compromise with the neighbors. Mr. Wyrebek said that after meetings with the neighbors he said it is clear that they do not want him to build anything at all. He said he is looking at plans in which the homes have a smaller footprint than those homes build directly behind his land. Councillor Marchand said that he would like to remind Mr. Wrebek that we are addressing the issue of zoning and not his plans. He said that at Wednesday nights Planning Board meeting he may deal with other issues and assured him that he would attend. Mr. Wyrebek said that it would be a hardship for him and his rights would be denied if this petition were granted. He said that this petition is solely for the purpose of preventing him from developing his land. Krystal Wyrebek-Penning, 189 Biscayne Street spoke in opposition. She said that she is Bill and Nancy Wyrebek’s daughter and she lived at 353 Pleasant Street for many years. She said that her father’s intention is to provide housing for her grandparents. Mrs. Wyrebek-Penning said that he wants to build two, two-family homes and she said that there are other multi- families in the area. Nancy Wyrebek, 353 Pleasant Street and co-owner of that property spoke in opposition. She said that they are planning to build these homes to house family and generate enough income to allow them to do that. Councillor Nickel said that he is not ready to take any action until after the Planning Board meeting. Councillor Dombrowski said he was hoping representation from Kopelman and Paige were here this evening so they could ask them about the issue of Mr. Wyrebek being grand-fathered in if this zoning change went through. He said he would like to know how long this has been zoned Residence B and he also has a question regarding the ambiguous zoning line. John Souza, Chairperson of the Planning Board said there are a few areas in the city where there are ambiguous zoning lines and they are trying to clear them up. Mr. Souza said as far back they can go it has always been Residence B. Councillor Dombrowski said regarding the historical area, we should find out from the City Solicitor if the city is held to a higher standard because of that. Councillor Robert Salvatelli said that the residents in that area have been told more than once that something is going to be build there. He said the question in his mind is not if something is going to be built there, but what? Councillor Freda asked if we had any recommendation back from the Building Inspector. Councillor Marchand read the following excerpt from the Building Inspectors letter dated January 26, 2004. “Petition 81-04 pertaining to the rezoning of eight parcels of land on Pleasant Street from Residence B to Residence A. To rezone these lots would in most cases create non-conforming lots according to the Leominster Zoning Ordinances. It would remove the rights of the present owners to construct conforming structures on conforming lots. Therefore, it would be my recommendation to deny petition 81-04.” HEARING BEFORE THE CITY COUNCIL, MARCH 22, 2004, continued Councillor Marchand said that the Attorney representing the opponent to this petition thought that maybe the hearing should not be held because the Planning Board has not met yet brought up a question. He said that when the City Council advertises and post a hearing they must hold that hearing. He said that the Council looks at recommendations brought forth but they make their decisions based on the legality of an issue. Councillor Marchand read portions of an opinion from Kopelman and Paige and said that anyone who wants to review the full opinion can do so in the City Clerk’s Office. HEARING ADJOURNED: 9:02 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MARCH 22, 2004 Hearing opened at 9:07 P.M. with Councilor Nickel, Chair of the Public Service Committee presiding. All members were present. The following PETITION was the subject of the hearing. 93-04 Massachusetts Electric Company and Verizon New England, Inc.: Sampson Avenue: Install one jointly owned pole on Sampson Avenue beginning at a point approximately 425 feet southeast of the centerline of the intersection of Leland Avenue. Larry Skylor representing Massachusetts Electric Company spoke in support. No one spoke in opposition. No Councillors spoke. HEARING ADJOURNED: 9:09 P.M Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, March 22, 2004 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. The Committee on Records reported that the records were examined through March 23, 2004 and found to be in order. The records were accepted. A recess was called at 8:03 P.M. to continue the public hearing and hold a public forum. Meeting reconvened at 9:19 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-69 Relative to the appropriation of $26,500.00 to the Police Department Expense Account; same to be transferred from the Police Salary and Wages Account. C-70 Relative to the appropriation of $155,000.00 to the Refuse Disposal Expense Account; same to be transferred from the Excess and Deficiency Account. C-71 Relative to the appropriation of $50,000.00 to the Police Overtime Account; same to be transferred from the Police Salary and Wages Account. C-72 Relative to the appropriation of $75,000.00 to the Fire Department Overtime Account; same to be transferred from the Fire Salary and Wages Account. C-73 Relative to the appropriation of $4,000.00 to the Doyle Field Expense Account; same to be transferred from the Emergency Reserve Account. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Building Inspector, the Fire Department, the Health Department, the Department of Public Works and the Conservation Commission. A hearing was set for May 10, 2004 at 6:30 P.M. Vt. 9/0 REGULAR MEETING OF THE CITY COUNCIL, March 22, 2003, continued 104-04 Wachusett Development and Construction Inc.: Grant a Special Permit to construct a 2,500 square foot office building with an associated 10 space parking area at 166 Hamilton Street, as shown on Assessors Map 236, as lot 1, Map 237 as lot 1A and Map 238 as lots 1, 3 & 7, located within the flood plain district in an Industrial Zone. The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Police Chief. 105-04 Neddy Latimer, Director, Spanish American Center: Grant permission to have a portion of First Street closed on May 27, 2004 (rain date May 28, 2004) from 11:30 A.M. until 4:00 P.M. to hold a Community Health Fair. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the License Commission and the Treasurer. 106-04 Carol and David Shield: Renew the license for three pool tables at South Leominster Lounge, d/b/a/ Forte’s Lounge, 1030 Central Street. 107-04 James Fusco: Renew the license for six pool tables at Tiki Hut Lounge, 111 Sack Boulevard. 108-04 Al Mason: Renew the license for seven pool tables and twenty-four bowling alleys at Mason’s Bowling Center, 640 R. North Main Street. 109-04 Kym LeBlanc: Renew the license for one pool table at the Tankard, 13 Central Street. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE and referred to the Treasurer. 110-04 Margaret L. Santonoceto: Renew the second-hand dealer’s license for the premises located at 38 Spruce Street. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Board of Assessors – James Dillon – term to expire April 15, 2007. Department of Public Works Director – Patrick LaPointe – term to expire April 15, 2007. City Comptroller – John J. Richard – term to expire April 15, 2007. Recreation Director – Judith Sumner – term to expire April 15, 2007. Fire Department - firefighter – Brian S. Tobin Fire Department – Lieutenant – John A. Gendron Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas” C-65 Relative to the appropriation of $5,000.00 to the Conservation Commission Expense Account; same to be transferred from the Wetland Fees Reserved for Appropriations Account. ORDERED:- that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Conservation Commission Expense Account; same to be transferred from the Wetland Fees Reserved for Appropriations Account. C-66 Relative to the appropriation of $12,000.00 to the Sanitation/Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Twelve Thousand Dollars ($12,000.00) be appropriated to the Sanitation/Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. C-67 Relative to the appropriation of $45,000.00 to the Unemployment Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Forty Five Thousand Dollars ($45,000.00) be appropriated to the Unemployment Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 8/0 93-04 Massachusetts Electric Company and Verizon New England, Inc.: Sampson Avenue: Install one jointly owned pole on Sampson Avenue beginning at a point approximately 425 feet southeast of the centerline of the intersection of Leland Avenue. REGULAR MEETING OF THE CITY COUNCIL, March 22, 2003, continued Upon recommendation of the PUBLIC SERVICE and LEGAL AFFAIRS COMMITTEES, the following COMMUNICATION was given LEAVE TO WITHDRAW without prejudice. Vt. 8/0 C-63 Dean J. Mazzarella, Mayor: Request that the following list of recommendations relative to the current trash disposal policies be accepted: 1. Two bags per week/per household accepted at the Transfer Station at no charge. 2. Leaves and yards waste accepted at no charge at the Transfer Station. 3. Recycling program to continue, as it presently exists. 4. Fee all remaining items that are not included above, rates to be determined by the City Council. Upon request of the PUBLIC SERVICE and LEGAL AFFAIRS COMMITTEES, the following PETITION was TABLED FOR STUDY. Vt. 8/0 94-04 Maurice Lucier: Return to the city’s curb side pick up practices in place prior to October 13, 2003 where one half of the residential use code 111 properties were banned from participation, also make available to the public all of the possibilities considered and the figures used and their sources as used by the Solid Waste Committee and/or the Mayor for the current proposal. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 8/0 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”. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0 92-04 Richard M. Marchand on behalf of Ten Registered Voters: Amend Chapter 22 of the Revised Ordinances entitled “Zoning” by amending Article VI, Section 22.41.5.4 “Water Supply Protection Use Regulations”; Article III, “Dimensional Regulations” Section 22.27.4 and Section 22.27.8 “General Requirements”.(Hearing will be held on March 29, 2004 at 7:30 P.M.) Upon recommendation of the WAYS & MEANS COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 7/0; Councillor Freda abstained due to a possible conflict of interest and Councillor Lanciani abstained on Item #18 due to a possible conflict of interest. #18 Vt. 6/0 C-68 Relative to the appropriation of $618,000.00 to the following accounts for the Year 30 Community Development Block Grant. (Ways & Means) 1. Leominster Board of Health – Code Enforcement $ 60,000.00 2. Office of Planning & Development Economic Development Program 61,700.00 3. Office of Planning & Development 219,000.00 Housing Rehabilitation Program (Includes $10,000 for Elder Rehab Services) 4. Office of Planning & Development Planning & Administration 123,600.00 5. Office of Planning & Development Storefront Improvement Program 27,936.00 6. Department of Public Works Core Area Paving Project 26,500.00 7. Recreation Department Core Area Playground Improvements 6,564.00 8. Battered Women’s Resources Inc., -Emergency Services 5,000.00 9. Brady’s Educational Services 1,800.00 10. Community Healthlink/The Lipton Center Outpatient Mental Health Services 1,500.00 11. Kennedy-Donovan Center/Beacon of Hope Respite Services 10,950.00 12. Leominster Housing Authority – Allencrest Learning Center 1,000.00 13. Mayor’s Office – Energy Assistance Program 1,500.00 14. Police Department – Drug Suppression 1,900.00 15. Leominster Youth Center – Boys & Girls Club of America 10,000.00 16. Recreation Department- Financial Assistance for Summer Youth Programs 600.00 17. Montachusett Addiction Council 3,350.00 18. Montachusett Home Care Corporation Elderly Safety Taskforce 2,050.00 19. Montachusett Interfaith Hospitality Network Interfaith Network 5,800.00 20. Multi=Service Center, Inc. – for Your Health 10,000.00 21. Multi-Service Center Inc. – Project Youth 500.00 22. Spanish American Center 13,600.00 Kids for Kids (Ninos para Ninos) (Total for all SAC proposals) 23. Spanish American Center – Community Outreach Worker (Information & Referral) Included above REGULAR MEETING OF THE CITY COUNCIL, March 22, 2003, continued 24. Spanish American Center – Summer Fun (Verano Alegre) Included above 25. Twin Cities CDC – Business Assistance Center 1,000.00 26. Veterans Hospice Homestead – Hero Homestead 8,500.00 27. Leominster Mayor’s Office – Report Drug Traffickers Coupon 650.00 28. Leominster Mayor’s Office – Summer Youth Program 12,400.00 29. Leominster Mayor’s Office – State Pool Fee Assistance 600.00 TOTAL $618,000.00 ORDERED:- that the sum of Six Hundred Eighteen Thousand Dollars ($618,000.00) be appropriated to the following designated accounts for the Year 30 Community Development Block Grant. 8. Leominster Board of Health – Code Enforcement $ 60,000.00 9. Office of Planning & Development Economic Development Program 61,700.00 10. Office of Planning & Development 219,000.00 Housing Rehabilitation Program (Includes $10,000 for Elder Rehab Services) 11. Office of Planning & Development Planning & Administration 123,600.00 12. Office of Planning & Development Storefront Improvement Program 27,936.00 13. Department of Public Works Core Area Paving Project 26,500.00 14. Recreation Department Core Area Playground Improvements 6,564.00 8. Battered Women’s Resources Inc., -Emergency Services 5,000.00 9. Brady’s Educational Services 1,800.00 12. Community Healthlink/The Lipton Center Outpatient Mental Health Services 1,500.00 13. Kennedy-Donovan Center/Beacon of Hope Respite Services 10,950.00 12. Leominster Housing Authority – Allencrest Learning Center 1,000.00 13. Mayor’s Office – Energy Assistance Program 1,500.00 14. Police Department – Drug Suppression 1,900.00 15. Leominster Youth Center – Boys & Girls Club of America 10,000.00 17. Recreation Department- Financial Assistance for Summer Youth Programs 600.00 17. Montachusett Addiction Council 3,350.00 20. Montachusett Home Care Corporation Elderly Safety Taskforce 2,050.00 21. Montachusett Interfaith Hospitality Network Interfaith Network 5,800.00 20. Multi=Service Center, Inc. – for Your Health 10,000.00 21. Multi-Service Center Inc. – Project Youth 500.00 22. Spanish American Center 13,600.00 Kids for Kids (Ninos para Ninos) (Total for all SAC proposals) 24. Spanish American Center – Community Outreach Worker (Information & Referral) Included above 24. Spanish American Center – Summer Fun (Verano Alegre) Included above 25. Twin Cities CDC – Business Assistance Center 1,000.00 26. Veterans Hospice Homestead – Hero Homestead 8,500.00 27. Leominster Mayor’s Office – Report Drug Traffickers Coupon 650.00 28. Leominster Mayor’s Office – Summer Youth Program 12,400.00 29. Leominster Mayor’s Office – State Pool Fee Assistance 600.00 TOTAL $618,000.00 Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITIONS were GRANTED. Vt. 8/0 95-04 Richard M. Marchand: Endorse an effort to nurture a community wide water monitoring program which will consist of a team of volunteers known as the “Leominster STREAM Team”. 96-04 Richard M. Marchand: Request that a Citizenry Water Protection Action Guide be created through a collaborative effort of local environmental organizations, interested citizens and the Director of the Water Department, to be mailed annually with the municipal water bills. 97-04 Kathleen A. Violette: Grant a transient vendors license for April 4, 2004 through May 15, 2004 for the sale of flowers and plants. 98-04 Fred R. Tousignant: Renew a second-hand dealers license for the premises located at 92 Pleasant Street. 99-04 Mark and Robyn Ellis: Renew a second-hand dealers license to sell used power boats from the premises located at 646 Central Street. 100-04 Mark Gordan, Gordon LaSalle Music: Renew the second-hand dealers license for the premises located at Twin City Plaza. REGULAR MEETING OF THE CITY COUNCIL, March 22, 2003, continued 101-04 Aime Lemoine: Renew the license for one pool table at Seven R’s d/b/a/ A & R Double Inn, 166 Water Street. 102-04 Michael Sardellis: Renew the license for three pool tables at Chris’ Twins Café, 488 Lancaster Street. 103-04 William Plant: Renew the license for one pool table at J.C. Fenwicks Co., 37 Mechanic Street. Under Old Business, Councillor Rowlands said that relative to Fitchburg leaking sewerage into the Notown Reservoir, now they have found four houses. that are leaking sewerage into the Notown Reservoir. He said that raises a concern because he does not feel that was four mistakes. Councillor Nickel said he would like to request that Matt Marro come in front of the City Council to give them an update. He said he feels that if it was the same Contractor who built the four houses they will find more problems. Councillor Dombrowski asked if we have gotten a list of all fees charged for special permits. He said he was concerned that the amount we charge do not cover advertising and other fees. Councillor Lanciani said so far we have only received two responses, one from the Zoning Board of Appeals and one from the City Clerk. Councillor Dombrowski said this would apply to any board that is required to advertise. He said he is not looking to wack anyone with fees but felt it should cover the cost and the remaining taxpayers should not have to pay for this. Councillor Lanciani said that he will ask the City Clerk to send out that request again. Councillor Dombrowski said he would also like us to take a look at the Fire Department fees again. He said that those fees should cover the cost of labor and not fall on taxpayers to pick up the cost. Councillor Marchand said he has had an informal discussion with the Fire Chief and we will be looking at that. Councillor Robert Salvatelli said he wanted to let the members of the City Council know that the balance in free cash is $577,429.00 which has to last until June 30th. He said that is the amount if we pass all the communications given regular course tonight. Councillor Salvatelli said when he went to the City Comptrollers Office to get this information the other day, he was told thatthat there will be additional requests coming down that we are not aware of. He said it is his feeling that more money for trash disposal is one of them. Councillor Freda wanted to remind everyone that the vocational awards night will be March 30, 2004. She said that this years recipients are Bob Ouellette, DPW, Nancy Swanson, Teacher of the Year, Richard Earley, City Hall Employee, Gail Stodulski, Secretary to the Fire Chief and Officer Ramos from the Police Department. MEETING ADJOURNED: 10:40 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council