City Council

HEARING BEFORE THE CITY COUNCIL, MAY 17, 2004 Hearing opened at 7:00 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. 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”. Councillor Marchand stated that the hearing notice had been duly published in the Sentinel and Enterprise on May 3, 2004 and May 10, 2004. Councillor Dombrowski made a motion that they limit this hearing to three hours this evening. Motion was seconded by Councillor Nickel. Attorney Theresa Capobianco, representing Capobianco & Gentili PC was present and introduced Mr. Rick Seed, 6 Independence Drive who is a co-author of the petition. Mr. Seed said that the Planning Board has approved over 800,000 square feet of retail development on land that was zoned for industrial use. He said that this was possible because of zoning changes that were made in January 2003. Mr. Seed said that this petition would amend the zoning so that on sites over twenty acres, mixed use would not be allowed. He said that mixed-use would be allowed on sites under twenty acres but only with a Special Permit from the City Council. Mr. Seed said that the granting of this petition would take the big loopholes out of our zoning ordinance and would put the decisions the hands of our elected officials. A recess was called at 7:25 to hold a Public Forum and a Special Meeting. Meeting reconvened at 7:40 P.M. The following people spoke in support. Laura Valeri- 40 Helena Street, Leominster, MA Alan Bernstein, 68 Scenic Drive, Leominster, MA Ann Seed, 6 Independence Drive, Leominster, MA Raymond P. Harper, 318 Harvard Street, Leominster, MA Arthur DiGeronimo Jr., 294 Hill Street, Leominster, MA Dan Curley, 53 Smith Street, Leominster, MA John Tata, 249 Abbott Avenue, Leominster, MA John Gravelle, 51 Parkdale Avenue, Leominster, MA William Cross, 212 Ridgewood Drive, Leominster, MA Bernie McCaffrey, 150 Ridgewood Drive, Leominster, MA Barry Tuttle, 50 Old Willard Road, Leominster, MA Chad Radock, 54 Lincoln Drive, Leominster, MA Cathryn Morrell, 50 Old Willard Road, Leominster, MA JohnTata submitted a letter from Tucker Allen in support. Paul Keating, 49 Cloverleaf Road spoke in opposition. Mr. Keating said he is the owner of the largest piece of land in the Jungle Road area. He said that there are probably only three pieces of land that fall into the over twenty- acre category, 1.) Rte. 117, Lattanzio’s land 2.) Orchard Hills, 3.) Jungle Road. Mr. Keating said that perhaps we should step back and take a long look at the zoning and go through the process again and this time maybe there will be more participation. Mr. Keating said that we should not make scattershot zoning decisions. He said that this petition should be defeated and send a message that maybe it is time again for a complete review of our zoning ordinances. Councillor Nickel said he will wait for the Planning Boards input until he makes any decisions. Councillor Dombrowski asked who proposed the 2003 zoning change. He also requested an enlarged zoning map. Councillor Freda asked that we have Attorney Cutler attend the next hearing as well as John Mullen. Councillor John Salvatelli said that they relied heavily on Dr. Mullen’s recommendations and he would also like to have this expert back. Councillor Rowlands said that he feels we have taken only what we want to out of Mr. Mullen’s recommendations. He said that he is not again growth but is for long-term quality growth. Councillor Rowlands said that he feels that taking the City Council out of the process was wrong. Councillor Robert Salvatelli said that he would also like to hear from Dr. Mullen. Councillor Nickel said that maybe we can get better maps from the D. P. W. because they have gone through a GIS program. He said that they may be able to provide better clarification of the zoning lines with the G.I. S. technology. Councillor Freda said it is important to note that because of the lines they held meetings in every ward in the city and there was very little public attendance. HEARING BEFORE THE CITY COUNCIL MAY 17, 2004, continued Councillor Rosa said that one of the key votes taken a few years ago was to give the power to the Planning Board for the Special Permit. He said he was against giving that power away and will file a petition to make the City Council the Special Permit granted authority. Councillor Marchand said he has been following the work the council has been doing when dealing with zoning issues. He said when zoning is created it is a blueprint for our future. He said they will come up with a solid opinion. AT 9:33 P.M. HEARING CONTINUED TO A DATE TO BE ANNOUNCED. Ann B. Mahan, City Clerk and Clerk of the City Council SPECIAL MEETING OF THE CITY COUNCIL, MAY 17, 2004 Special Meeting was called by President James Lanciani Jr. Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members present. The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE and given REGULAR COURSE. 133-04 Scott Cordio, Leominster Firefighters Relief Association: Grant permission to close West Street from the intersection of Park Street and West Street to the intersection of West Street and Main Street from 9:00 A.M. to approximately 10:00 A.M. for the annual Leominster Firefighters Memorial parade and service on Sunday June 13, 2004. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-81 Relative to the appropriation of $14,000 to the Water Part-time Salary and Wages Account; same to be transferred from the Water Capital Outlay Expense Account. ORDERED:- that the sum of Fourteen Thousand Dollars ($14,000.00) be appropriated to the Water Part-time Salary and Wages Account; same to be transferred from the Water Capital Outlay Expense Account. MEETING ADJOURNED: 7:39 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council