City Council

HEARING BEFORE THE CITY COUNCIL, MAY 24, 2004 Hearing opened at 6:46 with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following PETITION was the subject of the hearing. 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. Councillor Marchand stated that the hearing notice had been duly published and all the abutters notified. Introduced and made part of the record were the following: A. Petition 113-04 submitted by David Maillet. B. Letters of recommendation from the Health Department, the Planning Board and the Director of Inspections. C. Copies of the Notice of Public Hearing published in the Sentinel & Enterprise on May 10, 2004 and May 17, 2004. The Health Department said that all rubbish generated on the site will be removed at the expense of the owner and stated that mixed use properties are required to have a dumpster or “tote” that is properly stored on the property . David Maillet, 210 Sixth Street, owner of the property spoke in favor. He said he has purchased this property and his intent is to locate his business on the first floor and reside on the second floor. Councillor Marchand said he went to see the property and he feels that the repairs and renovations Mr. Maillet is making to the property is a much needed improvement. He asked Mr. Maillet what type of business he was running on the first floor. Mr. Maillet said he is currently running a custom aerosole paint business about one hundred yards from this property he purchased and would like to move the business there. He said he has been in the paint business for twenty-five years. Mr. Maillet said he is aware of all the codes he needs to meet and plans to have a direct line to the fire department. He said there will be parking located in the rear of the building for five cars. He said there would be a front and rear entrance with the front entrance being handicap accessible. Councillor Marchand asked about the driveway which is located close to the neighbor’s house. Mr. Maillet said he has spoken with them and he is willing to split the cost of a privacy fence with him. Councillor Marchand asked about his hazardous waste disposal. Mr. Maillet said that he hired Waste Management to pick up his trash and Safety Clean comes approximately once a month to pick up hazardous waste. Councillor Marchand said he spoke with the gentlemen from Dave’s Automotive today and he was in favor of Mr. Maillet’s petition. Councillor Nickel asked what the maximum hazardous waste he would have. Mr. Maillet said that maximum would be 10 – 15 gallons. He said that he is currently renting from Dan Joseph. Mr. Joseph has a license to store over 150 gallons and has told him he may store hazardous waste there if the need arose. Dan Joseph, 127 Pierce Street, the owner of the abutting property on Central Street spoke in support. Councillors Dombrowski, Freda, Marchand, Nickel and Robert Salvatelli said they supported the project. Due to the fact that that a residence in the Business B zone requires a Special Permit issued by a two-thirds vote is necessary. In accordance with Chapter 22 of the Revised Ordinances, Zoning; Article II, Permitted Uses; Section 22-19. No one spoke in opposition. Based on the above information, the City Council at the regular meeting held on May 24, 2004 with nine members of the City Council present, determined that the applicant has complied with all the procedural requirements of the appropriate sections of the Zoning Ordinance of the City of Leominster and the Massachusetts Zoning Act. (M.G.L.) Chapter 40A and the City Council voted nine “yeas” to grant the Special Permit. HEARING ADJOURNED: 7:01 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, MAY 24, 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 at 8:02 P.M. to hold an informational meeting and a public forum. Meeting reconvened at 8:14 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-94 Relative to the appropriation of $2,000.00 to the Building Inspector Expense Account; same to be transferred from the Excess and Deficiency Account. C-95 Relative to the appropriation of $12,500 to the Health Department Expense Account; same to be transferred from the Health Department Salary & Wages Account. C-96 Relative to the appropriation of $1,000.00 to the Planning Board Expense Account; same to be transferred from the Emergency Reserve Account. C-97 Dean J. Mazzarella, Mayor: Accept a donation of $27,773.78 from Bovenzi, Inc.to be used for street curbs and sidewalks on Central Street in South Leominster. C-98 Dean J. Mazzarella, Mayor: Accept a donation of $29,700 from Gregg Lisciotti, Manager, Orchard Hill Park LLC to be used for fire alarm equipment. C-99 Relative to the appropriation of $6,500.00 to the Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-100 Relative to the appropriation of $5,800.00 to the Zoning Board of Appeals Expense Account; same to be transferred from the Excess and Deficiency Account. C-101 Relative to the appropriation of $47,500.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-102 Relative to the appropriation of $3,189.95 to the C.D.B.G. Housing Rehabilitation Expense Account; $2,046.98 to be transferred from the Summer Youth Expense Account and $1,142.97 to be transferred from the C.D.B.G. Summer Youth Salary and Wages Account. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was set for June 14, 2004 at 6:55 P.M. Vt. 9/0 134-04 Massachusetts Electric Company and Verizon New England, Inc.: Hamilton Street; relocate one jointly owned pole on Hamilton Street beginning at a point approximately 105 feet west of the centerline of the intersection of River Street and continuing approximately 48 feet in an easterly direction. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board. 135-04 Dennis A. Rosa: Amend Article II, Section 22-24; Industrial District, subsection 24.2.5.1 of the Revised Zoning Ordinances by authorizing the Leominster City Council to be the sole Special Permitting authority for any Mixed-Use Development Project. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Health Department. 136-04 Maurice Lucier: Provide a legal opinion as to the ability of the Board of Health Regulations adopted on June 18, 2003 to withstand a legal challenge in part or in total. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE and given REGULAR COURSE. 137-04 Leominster Historical Commission: Requests permission to place a bronze marker in the Common depicting the Monument Square Historic District. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer and Police Department. 138-04 Michael Quinn: Grant a Hawkers & Peddlers license to sell balloons, nite-lights and novelties at the annual Starburst Festival to be held on June 19, 2004. REGULAR MEETING OF THE CITY COUNCIL, MAY 24, 2004, continued 139-04 Jacqueline Quinn: Grant a Hawkers & Peddlers license to sell balloons, nite-lights and novelties at the annual Starburst Festival to be held on June 19, 2004. 140-04 Kevin P. Skelly, d/b/a K & S Novelty: Grant a Hawkers & Peddlers license to sell balloons, nite-lights and novelties at the annual Starburst Festival to be held on June 19, 2004. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. 141-04 Maurice Lucier: Adopt a moratorium on all Executive Orders that countermand any existing law, charter, ordinance, regulation or ruling, in particular those with regard to solid waste & the transfer station, until such executive order is accompanied by the proper listings of exactly where and by what legal authority these countermands are issued and for what length of time that they can be binding. 142-04 Maurice Lucier: Instruct all city departments and contractors that they must forthwith conform to 310 CMR 19.00, (Solid Waste Management Facility Regulations). 143-04 Maurice Lucier: Adopt and put into practice a citywide policy of defining all public notices, or other communications with the public that clearly describes the intent of the notice or eminent action. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Emergency Management Auxiliary Police – Shawn Carlin Leominster Fire Department – Firefighters – Vincent T. Alia, John D. Bouchard, Douglas W.R. Senee One Year Appointments – Terms to Expire April 15, 2005: Board of Appeals Lee Baron – David Bedard Planning Board John J. Souza Conservation Commission Eric Legere Sealer of Weights and Measures Joseph Quinn License Commission Paul R. LeBlanc Three Year Appointments – Term to Expire April 15, 2007: Conservation Commission Recreation Commission Michael Piermarini Maureen Donatelly – Jeffrey O’Neill Trust Fund Commission Doyle Field Commission Richard Bergman Patrick LaPointe Council on Aging Board of Health Eleanora Bissonnette – John Crain, Jr. William E. Brodkin, MD Cable TV Advisory Board Housing Authority Kevin Fitzpatrick – Carl Piermarini Marcel Leger Cable TV Advisory Board Library Board of Trustees Stephen Marini – Gregory Hakala – Benjamin Levy Gilbert Tremblay – Carol Ann Millette Youth Commission Jean Melanson Cemetery Commission Gary Ranno Trustees of Soldiers Memorial Philip Cote – Lucien Caisse Six Year Appointments – Term to Expire April 15, 2010 Planning Board Salvatore M. Ciccone - *Thomas R. Carignan REGULAR MEETING OF THE CITY COUNCIL, MAY 24, 2004, continued Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-88 Relative to the appropriation of $6,900.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Six Thousand Nine Hundred Dollars ($6,900.00) be appropriated to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. C-89 Relative to the appropriation of $3,500.00 to the Sanitation/Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Three Thousand Five Hundred Dollars ($3,500.00) be appropriated to the Sanitation/Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. C-90 Relative to the appropriation of $15,000.00 to the Street Marking Expense Account; same to be transferred from the Snow and Ice Expense Account. ORDERED:- that the sum of Fifteen Thousand Dollars ($15,000.00) be appropriated to the Street Marking Expense Account; same to be transferred from the Snow and Ice Expense Account. C-91 Relative to the appropriation of $50,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Fifty Thousand Dollars ($50,000.00) be appropriated to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9 “yeas” C-92 Dean J. Mazzarella, Mayor: Request that a donation of $300,000.00 from the Leominster Land Trust be accepted by the City of Leominster for the purpose of purchasing for conservation and passive recreation purposes as authorized by Chapter 44, Section 53A of the Massachusetts General Laws. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-93 Relative to the appropriation of $55,200 to the Land Purchase Expense Account; same to be transferred from the Sales of Real Estate Fund. ORDERED:- that the sum of fifty Five Thousand Two Hundred Dollars ($55,200.00) be appropriated to the Land Purchase Expense Account; same to be transferred from the Sale of Real Estate Fund. Upon request of the PUBLIC SERVICE and CITY PROPERTY COMMITTEES, the following PETITION was given FURTHER TIME. Vt. 9/0 124-04 Richard M. Marchand: Request that the City of Leominster develop a standardized Watershed District Boundary Sign and a cost analysis for said signs for the implementation of a viable signage program. I encourage and invite the Leominster School Department to participate in conducting a Watershed District Boundary sign Initiative in it’s Art Program of Studies (K-12) to select the design. Upon recommendation a minority report of the of the PUBLIC SERVICE, COMMITTEE the following PETITION was DENIED. Vt. 6 “yeas” and 3 “nay”, Councillors Nickel, Dombrowksi and Freda opposed. A Majority Report of the PUBLIC SERVICE COMMITTEE for FURTHER TIME was DEFEATED. Vt. 3 “yeas” and 6 “nays”, Councilllors Marchand, John Salvatelli, Rowlands, Robert Salvatelli, Rosa and Lanciani opposed. A Minority Report of the PUBLIC SERVICE COMMITTEE to DENY was GRANTED. Vt. . 6 “yeas” and 3 “nay”, Councillors Nickel, Dombrowksi and Freda opposed. 123-04 Maurice Lucier: Request that the city’s municipal solid waste curb side pick up ordinance, policy, regulations, orders and practices be limited to only owner occupied properties with a limit of one (1) each thirty-two (32) gallon, covered, rodent resistant trash container with a maximum weight of seventy-five (75) pounds each week for each dwelling unit therein. All other trash must be disposed of through private means. (At the transfer station or private collector.) Upon recommendation of the PUBLIC SERVICE and LEGAL AFFAIRS COMMITTEES, the following PETITION was RATIFIED. Vt. 9/0 130-04 Robert A. Antonioni, State Senator, Dean J. Mazzarella, Mayor: Request that the City Council approve a resolution relative to the Lancaster/Leominster/Lunenburg sewer agreement. (Resolution adopted May 10, 2004) REGULAR MEETING OF THE CITY COUNCIL, MAY 24, 2004, continued Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 9/0 69-00 Dennis A. Rosa: Create an ordinance for land acquisition. 125-04 Richard M. Marchand: Revise the Leominster ordinances to require a homeowner or General Contractor be required to demonstrate appropriate and ultimate disposal of building materials and supplies generated in a restoration or installation project before final approval of a project by the city’s building inspector. 126-04 Richard M. Marchand: Revise Chapter 14 “Offenses-Miscellaneous” of the Leominster revised ordinances by adding Section 14-19 to read “No person shall throw or drop any material of any nature or description into or along the shores of a City of Leominster Reservoir. In the event that a person is prosecuted and found in violation of this offense, retribution shall include a minimum of three hours of community service during the annual clean-up day conducted in the City of Leominster or an agreed upon alternate date”. 127-04 Raymond T. Kelly: Grant a Special Permit to place a trailer next to the fire damaged dwelling at 1024 Main Street, to be used for shelter during reconstruction; temporary permit has been issued from the building department.(A hearing will be held on June 14, 2004 at 7:00 P.M.) 128-04 David Rowlands: Place “no parking” signs on the south side of Wilderwood Avenue from the intersection of Wilderwood Avenue and Main Street to the Leominster/Lunenburg Line. 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. 129-04 Tanco Corp., Daniel Lattanzio for Liberty Supply, Inc.: Grant a Special Permit to construct a 12’ x 50’ silo pad to the rear of existing building at 195 Hamilton Street, as shown on Assessors’ map 229, lot 3, located in the floodplain district.(A hearing will be held on June 14, 2004 at 7:10 P.M.) Upon recommendation of the LEGAL AFFAIRS and FINANCE COMMITTEES, the following PETITION was RATIFIED. Vt. 9/0 131-04 Claire Freda, Wayne Nickel, Dennis Rosa: Approve a resolution requesting that the Governor and the Legislature end the use of Lottery revenues for state budget balancing purposes and return these vital Cherry Sheet revenues to cities and towns. (Resolution adopted May 10, 2004) Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 133-04 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 request of the WAYS & MEANS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 132-04 Christopher Nikolow: Renew license for 17 pool tables at Leominster Billards, 7 Mt. Pleasant Avenue. Under Old Business, Councillor Marchand, Chair of the Legal Affairs Committee made a motion that the public hearing on the following petition be scheduled for June 7, 2004 at 7:30 P.M. This hearing was opened on May 17, 2004 and continued with a date to be announced. Vt. 9/0 114-04 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 Dombrowski said that relative to petition 114-04 he would like a zoning map with the areas that would be affected. He said he would also like to get a history on the amendments of 2001 and 2003. Councillor Marchand said he is working on the zoning maps with the affected parcels outlined. He said he would like to see Mr. Mullin and Attorney Cutler attend the hearing. Councillor Rowlands said he has a copy of the original map as well as the two amendments and he is offering them to save time since he has already done the work. Councillor Marchand said that he met with Mayor Mazzarella, Clifford Boyle and Richard Lafertz from Simsbury Associates and Commonwealth Collaborative regarding the Carter Building. He said that it has been a difficult project for the developers and that frustration was evident at the meeting. Councillor Marchand said that the Mayor and himself expressed their concern for the overall condition of the building and they were assured that they were going to clean it up over the next few months. He said that the owners are proposing eleven units in the area where the boiler building is and along the side. Councillor Marchand said that the reversion clause may not be in effect any longer because it was on a month to month basis. Councillor Freda asked Councillor Marchand if their tax bill has been cleared up. REGULAR MEETING OF THE CITY COUNCIL, MAY 24, 2004, continued Councillor Marchand said when he presented that question he was told that it was paid. Councillor Rosa said that earlier this evening it was asked if the Council has ever denied appointments. He said back in 1990 Councillor Marchand and himself were on the Council when a few appointments were denied. Councillor Rosa said that there have been some 4 to 5 or 5 to 4 votes and we have looked closely into appointments in the past. Councillor Nickel asked Councillor Marchand if Simsbury Associates mentioned anything about expansion onto the third floor of the Carter Building. Councillor Marchand said that the plan he has shows they would be. Council President Lanciani said that Mr. Scharmett, the person who donated the funds for the playground behind the Carter Building, has asked that a fence be put up between the properties. Under New Business Councillor Nickel said that he has been told about problems that people are having with the cable company. He said that people at the Spruce Street Elderly Complex were told that they were having their cable boxes replaced but not told that there will be an additional $6.00 charge. Councillor Nickel said that he plans to work with the Cable Advisory Committee on this issue but wanted everyone to be aware of what is going on. Councillor Richard Marchand, Chair of the LEGAL AFFAIRS COMMITTEE moved that the following COMMUNICATIONS be removed from the table and placed on the calendar for action. It was so voted. Vt. 9/0. Committees report as follows. 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. GRANTED. Vt. 9 “yeas” MEETING ADJOURNED: 10:10 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council