City Council

HEARING BEFORE THE CITY COUNCIL, APRIL 12, 2004 Hearing opened at 7:07 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following PETITION was the subject of the hearing. 88-04 Dean VivoAmore and Gary Hier: Rezone from 301 Lancaster Street to Marguerite Avenue as shown on Assessors Map 484. lots 8 & 9 from Business B to Commercial. Hearing continued from March 8, 2004. Aurora Depetris-Fraggianni VivoAmore, 305 Lancaster Street spoke in support. She said she was there representing her father who is away and asked that the petition be Tabled for thirty days. Councillor Marchand said that they will Table it but they will be holding and closing the public hearing tonight. He said that after the close of the hearing they must take action within ninety days. Laura Proietti, 590 Lancaster Street spoke in opposition. She said that Ms. VivoAmore’s brother, not her father owns the property. She said this is the third time this issue has been in front of the City Council. Ms. Proietti said that last week the Planning Board voted against this rezoning because they feel that these two properties provide a buffer zone between what is zoned Residential and what is zoned Commercial. Ms. Proietti said that rezoning these two parcels would be like giving someone a blank check. She said there are currently twenty-seven allowable uses, three others that are allowable with a Special Permit from the Planning Board and eight that are allowed with a Special Permit from the City Council. Ms. Proietti said if the petitioner has a particular business in mind they do have the avenue of going for a special permit. No Councillors spoke. HEARING ADJOURNED: 7:14 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, APRIL 12, 2004 Meeting called to order at 8:04 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 29, 2004 and found to be in order. The records were accepted. A recess was called at 8:05 P.M. to continue interviews and hold a public forum. Meeting reconvened at 8:28 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-74 Relative to the appropriation of $1,200.00 to the Cemetery Expense Account; same to be transferred from the Cemetery Salary and Wages Account. C-75 Relative to the appropriation of $25,000.00 to the Police & Fire Indemnification Expense Account; same to be transferred from the Excess & Deficiency Account. C-76 Relative to the appropriation of $10,275.00 to the Other Finance Office and Accounts Expenses; same to be transferred from the Excess & Deficiency Account. The following COMMUNICATIONS were received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Mayor. C-77 Dean J. Mazzarella, Mayor: Place a street light on Massachusetts Electric pole #10 in front of 47 Palmer Road. C-78 Dean J. Mazzarella, Mayor: Place a street light on Massachusetts Electric pole #9 on Cotton Street. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was set for April 26, 2004 at 7:00 P.M. Vt. 9/0. REGULAR MEETING OF THE CITY COUNCIL, APRIL 12, 2004, continued 111-04 Verizon New England Inc.: Orchard Hill Park Drive: Place approximately 1900 feet of conduit, 3 manholes and 1 telecommunications cabinet on Orchard Hill Park Drive, conduit to be on Orchard Hill Park Drive and the northeasterly side of Harvard Street; telecommunications cabinet to be placed on proposed 20’ x 20’ area partially on private property; also for permission to lay and maintain underground conduits, manholes, laterals, cables and wires in the above or intersecting ways for the purpose of making connections with such poles and buildings as it may desire for distributing purposes. The following PETITION was received, referred to the LEGAL AFFAIRS and PUBLIC SERVICE COMMITTEES, given REGULAR COURSE and referred to the City Solicitor. 112-04 Patrick LaPointe and James Lanciani, Jr.: Create an ordinance banning all roadside memorials along all public roads, sidewalks, walkways, etc., within the city from being left in place for more (90) ninety days from the date of a fatal accident or occurrence, at which time the immediate family could request in writing a “Drive Safely In Memory of (deceased’s name)” sign at a cost of $50.00 to be installed on a pole 4.5 feet from the ground. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Department, the Conservation Commission, the Department of Public Works, the Board of Health and the Planning Board. A hearing was set for May 24, 2004 at 6:45 P.M. 113-04 David Maillet: Grant a Special Permit to use the second floor at 135 Central Street as an apartment, first floor will be used to run a business, as shown on Assessors Map 94 as lot 9 located within a Business B Zone. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the City Solicitor and the Planning Board. A hearing was set for May 17, 2004 at 7:00 P.M. 114-04 Joseph Gentili, Capobianco & Gentili, PC on behalf of Ten Registered Voters: Amend Article I, entitled “General Regulations”, Section 22-4 of the Zoning Ordinances by deleting the definition of the term “Mixed Use Development Project (MUDP”) and replacing it with a new definition; amend Article II, entitled “Use Regulations- Industrial Districts” by deleting Section 22-24.2.5.1 in its entirety, and renumbering section 24.2.5.2 as a new section 24.2.5.1; amend Article II, Section 22-23.4 entitled “Commercial Districts”, by deleting it in its entirety; also amend Section 22-26, “Table of Uses, Mixed Use Development Project” by deleting the words “On Sites over 20 acres”. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE, given REGULAR COURSE and referred to the Conservation Commission, the Department of Public Works, the Health Department and the Mayor. 115-04 Olga Valera: Request a comprehensive study into the area of Rockwell Pond, including Chicken Harbor also that the Council develop a plan to rectify changes that have been made to the shoreline and ultimately restore Chicken Harbor the area behind 132 West Street to its original state. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Assessor, the Comptroller and the Treasurer. 116-04 David Hahn, National Plastics Center and Museum President: Request the General Court of Massachusetts to enact legislation to allow the City of Leominster to grant an abatement to the National Plastics Center and Museum for property taxes for Fiscal Year 2001. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the License Commission and the Treasurer. 117-04 Leroy J. DiMauro: Renew the second-hand dealers license for the premises located at 609 Main Street. 118-04 Phillip McBain: Renew the license for two pool tables at Captain’s Lounge, 1536 Main Street. 119-04 Rosario Palermo: Renew the license the one pool table at Foggia Hall, 153 Lancaster Street. 120-04 Craig Long: Renew the license for two pool tables at Jake’s Pub Inc. d/b/a/ Hot Shotz, 1293 Main Street. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Registrar of Voters – Basil Altobelli – term to expire April 15, 2007 The following ONE-YEAR APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Emergency Management – Assistant Directors - James LeBlanc, Richard Gauvin Emergency Management – Deputy Directors - Alden Piper, Mark Lavoie, Thomas Piper, Daniel Thibodeau, Mark Darrigo Emergency Management – Auxiliary Police - Philip St. Jean, Thomas Piper, John Caron, Anthony Celona, Alan Herget, Karen Nesbitt, Nikito Baker REGULAR MEETING OF THE CITY COUNCIL, APRIL 12, 2004, continued Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” 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. ORDERED:- that the sum of Twenty Six Thousand Five Hundred Dollars ($26,500.00) be appropriated 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. ORDERED:- that the sum of One Hundred Fifty Five Thousand Dollars ($155,000.00) be appropriated 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. ORDERED:- that the sum of Fifty Thousand Dollars ($50,000.00) be appropriated 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. ORDERED:-that the sum of Seventy Five Thousand Dollars ($75,000.00) be appropriated 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. ORDERED:- that the sum of Four Thousand Dollars ($4,000.00) be appropriated to the Doyle Field Expense Account; same to be transferred from the Emergency Reserve Account. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were TABLED FOR STUDY. Vt. 9/0 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”. 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.(Hearing will be held on May 10, 2004 at 6:30 P.M.) Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 105-04 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. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0 106-04 Carol and David Shields: 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. 110-04 Margaret L. Santonoceto: Renew the second-hand dealer’s license for the premises located at 38 Spruce Street. Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENTS were CONFIRMED. Vt.9/0 Board of Assessors – James Dillon – term to expire April 15, 2007. Department of Public Works Director – Patrick LaPointe – term to expire April 15, 2007. REGULAR MEETING OF THE CITY COUNCIL, APRIL 12, 2004, continued City Comptroller – John J. Richard – term to expire April 15, 2007. Recreation Director – Judith Sumner – term to expire April 15, 2007. Fire Department – Lieutenant – John A. Gendron The following APPOINTMENT was withdraw upon request of appointee. Fire Department – Firefighter – Brian S. Tobin Under Old Business Councillor Marchand said he will be looking again at the noise ordinance relative to the start and completion times for construction work in a residential area. He said maybe something could be done either seasonally or by residential and commercial districts because not starting until 8:30 A.M. can be restricting. Councillor Marchand said if anyone would like to give him any input on this he will be working on it. Council President Lanciani said that two years had been spent on revising that ordinance but if Councillor Marchand wants to look at it again feel free. He said that it would be difficult to say that something could be done in one area of the city but not the other. Councillor Robert Salvatelli asked if the Council President or the City Property Committee could find out the status of the sale of the LeBlanc Property. He said we have valuable property there and we could use the money for other things such as school busing. Councillor Nickel said there are issues of a pump station and easements in that area. He said that he and Councillor Rowlands met with the Department of Public Works, Mr. Crowley and the School Department and they are making progress. Councillor Nickel said that because the LeBlanc property has a failed septic system it would be to the city’s benefit to wait to tie into the sewer system. Under Old Business Councillor Marchand asked that Petition 83-04 submitted by John Souza and the Planning Board be removed from the table and placed on the next City Council agenda. Councillor Richard Marchand, Chair of the LEGAL AFFAIRS COMMITTEE moved that the following ORDINANCE be removed from the table and placed on the calendar for action. It was so voted. Vt. 9/0. Committee’s report as follows: 2nd Reading Ordinance – Amend Chapter 8, Section 8-21 of the Revised Ordinances, Article III Fire Department, entitled “Fees for Inspections and Permits” by deleting the current fee schedule and replacing it with a new fee schedule. FURTHER TIME Vt. 9/0 MEETING ADJOURNED: 9:59 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council